[Congressional Record Volume 157, Number 173 (Monday, November 14, 2011)]
[House]
[Pages H7433-H7576]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CONFERENCE REPORT ON H.R. 2112, CONSOLIDATED AND FURTHER CONTINUING 
                        APPROPRIATIONS ACT, 2012

  Mr. ROGERS of Kentucky submitted the following conference report and 
statement on the bill (H.R. 2112) 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:

                Conference Report (H. Rept. No. 112-284)

                  Conference Report (H. Rept. 112-284)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendments of the Senate to the 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, having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Consolidated and Further 
     Continuing Appropriations Act, 2012''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
     ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012

     DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2012

DIVISION C--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2012

          DIVISION D--FURTHER CONTINUING APPROPRIATIONS, 2012

     SEC. 3. REFERENCES.

       Except as expressly provided otherwise, any reference to 
     ``this Act'' contained in any division of this Act shall be 
     treated as referring only to the provisions of that division.

     SEC. 4. STATEMENT OF APPROPRIATIONS.

       The following sums in this Act are appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2012.

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

                                TITLE I

                         AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                        Office of the Secretary

       For necessary expenses of the Office of the Secretary of 
     Agriculture, $4,550,000:  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, 
     $448,000, 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, $11,177,000.

                       national appeals division

       For necessary expenses of the National Appeals Division, 
     $12,841,000.

                 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, $1,321,000.

                    Office of Advocacy and Outreach

       For necessary expenses of the Office of Advocacy and 
     Outreach, $1,209,000.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, $44,031,000.

                 Office of the Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, $5,650,000:  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, 
     $21,000,000.

          Office of the Assistant Secretary for Administration

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

        Agriculture Buildings and Facilities and Rental Payments

                     (including transfers of funds)

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

                     Hazardous Materials Management

                     (including transfers of funds)

       For necessary expenses of the Department of Agriculture, to 
     comply with the Comprehensive Environmental Response, 
     Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and 
     the Resource Conservation and Recovery Act (42 U.S.C. 6901 et 
     seq.), $3,592,000, 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, $24,165,000, 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.

     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, $3,576,000:  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

[[Page H7434]]

     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, 
     $8,065,000.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General, 
     including employment pursuant to the Inspector General Act of 
     1978, $85,621,000, 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, $158,616,000, 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, $705,599,000, 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)), $4,000,000; 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)), $264,470,000, to remain available until expended; 
     for the support of animal health and disease programs (7 
     U.S.C. 3195), $4,000,000; for supplemental and alternative 
     crops and products (7 U.S.C. 3319d), $825,000; 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 the veterinary medicine loan repayment program 
     under 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 grants 
     and fellowships for food and agricultural sciences education 
     under paragraphs (1), (5), and (6) of section 1417(b) of the 
     National Agricultural Research, Extension, and Teaching 
     Policy Act of 1977 (7 U.S.C. 3152(b)), $9,000,000, to remain 
     available until expended; 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)), $900,000; 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), $4,500,000, 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), $900,000; for distance education grants for 
     insular areas under section 1490 of the National Agricultural 
     Research, Extension, and Teaching Policy Act of 1977 (7 
     U.S.C. 3362), $750,000; for a competitive grants program for 
     farm business management and benchmarking (7 U.S.C. 5925f), 
     $1,450,000; for a competitive grants program regarding 
     biobased energy (7 U.S.C. 8114), $2,200,000; and for 
     necessary expenses of Research and Education Activities, 
     $10,500,000, of which $2,600,000 for the Research, Education, 
     and Economics Information System and $2,000,000 for the 
     Electronic Grants Information System, are to remain available 
     until expended.

              native american institutions endowment fund

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

                          extension activities

       For payments to States, the District of Columbia, Puerto 
     Rico, Guam, the Virgin Islands, Micronesia, the Northern 
     Marianas, and American Samoa, $475,183,000, 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, $294,000,000; 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 and youth farm safety education and 
     certification extension grants under section 3(d) of the Act, 
     $4,610,000; payments for New Technologies for Agriculture 
     Extension under section 3(d) of the Act, $1,550,000; 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, $7,600,000; payments for carrying out the 
     provisions of the Renewable Resources Extension Act of 1978 
     (16 U.S.C. 1671 et seq.), $3,700,000; 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)), $1,500,000; 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; for grants to youth organizations pursuant 
     to 7 U.S.C. 7630, $750,000; 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, $7,852,000.

                         integrated activities

       For the integrated research, education, and extension 
     grants programs, including necessary administrative expenses, 
     $21,482,000, 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), 
     $14,496,000, including $4,500,000 for the water quality 
     program, $4,000,000 for regional pest management centers, 
     $1,996,000 for the methyl bromide transition program, and 
     $4,000,000 for the organic transition program; $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), $816,534,000, 
     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

[[Page H7435]]

     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 
     $32,500,000, to remain available until expended, shall be for 
     Animal Health Technical Services; of which $696,000 shall be 
     for activities under the authority of the Horse Protection 
     Act of 1970, as amended (15 U.S.C. 1831); of which 
     $52,000,000, to remain available until expended, shall be 
     used to support avian health; of which $4,335,000, 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 
     $55,638,000, to remain available until expended, shall be for 
     tree and wood pests; of which $2,750,000, to remain available 
     until expended, shall be for the National Veterinary 
     Stockpile; of which up to $1,500,000, to remain available 
     until expended, shall be for the scrapie program for 
     indemnities; of which $1,000,000, to remain available until 
     expended, shall be for wildlife services methods 
     development; of which $1,500,000, to remain available 
     until expended, shall be for the wildlife damage 
     management program for aviation safety; and up to 25 
     percent of the screwworm program shall remain available 
     until expended:  Provided, That no funds shall be used to 
     formulate or administer a brucellosis eradication program 
     for the current fiscal year that does not require minimum 
     matching by the States of at least 40 percent:  Provided 
     further, That this appropriation shall be available for 
     the operation and maintenance of aircraft and the purchase 
     of not to exceed four, of which two shall be for 
     replacement only:  Provided further, That, in addition, in 
     emergencies which threaten any segment of the agricultural 
     production industry of this country, the Secretary may 
     transfer from other appropriations or funds available to 
     the agencies or corporations of the Department such sums 
     as may be deemed necessary, to be available only in such 
     emergencies for the arrest and eradication of contagious 
     or infectious disease or pests of animals, poultry, or 
     plants, and for expenses in accordance with sections 10411 
     and 10417 of the Animal Health Protection Act (7 U.S.C. 
     8310 and 8316) and sections 431 and 442 of the Plant 
     Protection Act (7 U.S.C. 7751 and 7772), and any 
     unexpended balances of funds transferred for such 
     emergency purposes in the preceding fiscal year shall be 
     merged with such transferred amounts:  Provided further, 
     That appropriations hereunder shall be available pursuant 
     to law (7 U.S.C. 2250) for the repair and alteration of 
     leased buildings and improvements, but unless otherwise 
     provided the cost of altering any one building during the 
     fiscal year shall not exceed 10 percent of the current 
     replacement value of the building.
       In fiscal year 2012, the agency is authorized to collect 
     fees to cover the total costs of providing technical 
     assistance, goods, or services requested by States, other 
     political subdivisions, domestic and international 
     organizations, foreign governments, or individuals, provided 
     that such fees are structured such that any entity's 
     liability for such fees is reasonably based on the technical 
     assistance, goods, or services provided to the entity by the 
     agency, and such fees shall be reimbursed to this account, to 
     remain available until expended, without further 
     appropriation, for providing such assistance, goods, or 
     services.

                        buildings and facilities

       For plans, construction, repair, preventive maintenance, 
     environmental support, improvement, extension, alteration, 
     and purchase of fixed equipment or facilities, as authorized 
     by 7 U.S.C. 2250, and acquisition of land as authorized by 7 
     U.S.C. 428a, $3,200,000, to remain available until expended.

                     Agricultural Marketing Service

                           marketing services

       For necessary expenses of the Agricultural Marketing 
     Service, $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, $37,750,000:  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 $49,000,000 (from fees collected) shall be 
     obligated during the current fiscal year for inspection and 
     weighing services:  Provided, That if grain export activities 
     require additional supervision and oversight, or other 
     uncontrollable factors occur, this limitation may be exceeded 
     by up to 10 percent with notification to the Committees on 
     Appropriations of both Houses of Congress.

             Office of the Under Secretary for Food Safety

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

                   Food Safety and Inspection Service

       For necessary expenses to carry out services authorized by 
     the Federal Meat Inspection Act, the Poultry Products 
     Inspection Act, and the Egg Products Inspection Act, 
     including not to exceed $50,000 for representation allowances 
     and for expenses pursuant to section 8 of the Act approved 
     August 3, 1956 (7 U.S.C. 1766), $1,004,427,000; 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, 
     $1,198,966,000, of which $13,000,000 shall be for the Common 
     Computing Environment and of which not less than 
     $66,685,000 shall be for Modernize and Innovate the 
     Delivery of Agricultural Systems:  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: $1,500,000,000 for unsubsidized 
     guaranteed farm ownership loans and $475,000,000 for farm 
     ownership direct loans; $1,500,000,000 for unsubsidized 
     guaranteed operating loans and $1,050,090,000 for direct 
     operating loans; Indian tribe land acquisition loans,

[[Page H7436]]

     $2,000,000; guaranteed conservation loans, $150,000,000; 
     Indian highly fractionated land loans, $10,000,000; and for 
     boll weevil eradication program loans, $100,000,000:  
     Provided, That the Secretary shall deem the pink bollworm to 
     be a boll weevil for the purpose of boll weevil eradication 
     program loans.
       For the cost of direct and guaranteed loans and grants, 
     including the cost of modifying loans as defined in section 
     502 of the Congressional Budget Act of 1974, as follows: farm 
     ownership, $22,800,000 for direct loans; farm operating 
     loans, $26,100,000 for unsubsidized guaranteed operating 
     loans, $59,120,000 for direct operating loans; and Indian 
     highly fractionated land loans, $193,000.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $297,632,000, 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 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, of which $12,500,000 shall be for 
     the Common Computing Environment:  Provided, That 
     appropriations hereunder shall be available pursuant to 7 
     U.S.C. 2250 for construction and improvement of buildings and 
     public improvements at plant materials centers, except that 
     the cost of alterations and improvements to other buildings 
     and other public improvements shall not exceed $250,000:  
     Provided further, That when buildings or other structures are 
     erected on non-Federal land, that the right to use such land 
     is obtained as provided in 7 U.S.C. 2250a.

                    watershed rehabilitation program

       Under the authorities of section 14 of the Watershed 
     Protection and Flood Prevention Act, $15,000,000 is provided.

                               TITLE III

                       RURAL DEVELOPMENT 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, 
     of which $4,500,000 shall be for the Common Computing 
     Environment:  Provided, That notwithstanding any other 
     provision of law, funds appropriated under this heading may 
     be used for advertising and promotional activities that 
     support the Rural Development mission area:  Provided 
     further, That any balances available from prior years for the 
     Rural Utilities Service, Rural Housing Service, and the Rural 
     Business--Cooperative Service salaries and expenses accounts 
     shall be transferred to and merged with this appropriation.

                         Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

       For gross obligations for the principal amount of direct 
     and guaranteed loans as authorized by title V of the Housing 
     Act of 1949, to be available from funds in the rural housing 
     insurance fund, as follows: $900,000,000 shall be for direct 
     loans and $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 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.
       In addition, for the cost of direct loans, grants, and 
     contracts, as authorized by 42 U.S.C. 1484 and 1486, 
     $14,200,000, 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 $1,500,000 is available for 
     newly constructed units financed by section 515 of the 
     Housing Act of 1949, and not less than $2,500,000 is for 
     newly constructed units financed under sections 514 and 516 
     of the Housing Act of 1949:  Provided further, That rental 
     assistance agreements entered into or renewed during the 
     current fiscal year shall be funded for a 1-year period:  
     Provided further, That any unexpended balances remaining at 
     the end of such one-year agreements may be transferred and 
     used for the purposes of any debt reduction; maintenance, 
     repair, or rehabilitation of any existing projects; 
     preservation; and rental assistance activities authorized 
     under title V of the Act:  Provided further, That rental 
     assistance provided under agreements entered into prior to 
     fiscal year 2012 for a farm labor multi-family housing 
     project financed under section 514 or 516 of the Act may not 
     be recaptured for use in another project until such 
     assistance has remained unused for a period of 12 consecutive 
     months, if such project has a waiting list of tenants seeking 
     such assistance or the project has rental assistance eligible 
     tenants who are not receiving such assistance:  Provided 
     further, That

[[Page H7437]]

     such recaptured rental assistance shall, to the extent 
     practicable, be applied to another farm labor multi-family 
     housing project financed under section 514 or 516 of the Act.

          multi-family housing revitalization program account

       For the rural housing voucher program as authorized under 
     section 542 of the Housing Act of 1949, but notwithstanding 
     subsection (b) of such section, 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

       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, $33,136,000, to remain 
     available until expended:  Provided, That of the total amount 
     appropriated under this heading, the amount equal to the 
     amount of Rural Housing Assistance Grants allocated by the 
     Secretary for Rural Economic Area Partnership Zones for the 
     fiscal year 2011, shall be available through June 30, 2012, 
     for communities designated by the Secretary of Agriculture as 
     Rural Economic Area Partnership Zones.

               rural community facilities program account

                     (including transfers of funds)

       For gross obligations for the principal amount of direct 
     and guaranteed 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 direct loans and 
     $105,708,000 for guaranteed loans.
       For the cost of guaranteed loans, including the cost of 
     modifying loans, as defined in section 502 of the 
     Congressional Budget Act of 1974, $5,000,000, to remain 
     available until expended.
       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, $24,291,000, to remain available until 
     expended:  Provided, That $3,621,000 of the amount 
     appropriated under this heading shall be available for a 
     Rural Community Development Initiative:  Provided further, 
     That such funds shall be used solely to develop the capacity 
     and ability of private, nonprofit community-based housing and 
     community development organizations, low-income rural 
     communities, and Federally Recognized Native American Tribes 
     to undertake projects to improve housing, community 
     facilities, community and economic development projects in 
     rural areas:  Provided further, That such funds shall be 
     made available to qualified private, nonprofit and public 
     intermediary organizations proposing to carry out a 
     program of financial and technical assistance:  Provided 
     further, That such intermediary organizations shall 
     provide matching funds from other sources, including 
     Federal funds for related activities, in an amount not 
     less than funds provided:  Provided further, That 
     $5,938,000 of the amount appropriated under this heading 
     shall be to provide grants for facilities in rural 
     communities with extreme unemployment and severe economic 
     depression (Public Law 106-387), with up to 5 percent for 
     administration and capacity building in the State rural 
     development offices:  Provided further, That $3,369,000 of 
     the amount appropriated under this heading shall be 
     available for community facilities grants to tribal 
     colleges, as authorized by section 306(a)(19) of such Act: 
      Provided further, That of the amount appropriated under 
     this heading, the amount equal to the amount of Rural 
     Community Facilities Program Account funds allocated by 
     the Secretary for Rural Economic Area Partnership Zones 
     for the fiscal year 2011, shall be available through June 
     30, 2012, for communities designated by the Secretary of 
     Agriculture as Rural Economic Area Partnership Zones for 
     the rural community programs described in section 
     381E(d)(1) of the Consolidated Farm and Rural Development 
     Act:  Provided further, That sections 381E-H and 381N of 
     the Consolidated Farm and Rural Development Act are not 
     applicable to the funds made available under this heading.

                  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, $74,809,000, to 
     remain available until expended:  Provided, That of the 
     amount appropriated under this heading, not to exceed 
     $500,000 shall be made available for a grant to a qualified 
     national organization to provide technical assistance for 
     rural transportation in order to promote economic development 
     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.

              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)), 
     $17,710,000.
       For the cost of direct loans, $6,000,000, as authorized by 
     the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which 
     $875,000 shall be available through June 30, 2012, for 
     Federally Recognized Native American Tribes; and of which 
     $1,750,000 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.

[[Page H7438]]

       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), $25,050,000, of which 
     $2,250,000 shall be for cooperative agreements for the 
     appropriate technology transfer for rural areas program:  
     Provided, That not to exceed $3,000,000 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 $14,000,000, 
     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), $3,400,000:  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, $513,000,000, to remain 
     available until expended, of which not to exceed $497,000 
     shall be available for the rural utilities program described 
     in section 306(a)(2)(B) of such Act, and of which not to 
     exceed $993,000 shall be available for the rural utilities 
     program described in section 306E of such Act:  Provided, 
     That $66,500,000 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 not to exceed $3,400,000 shall be for solid 
     waste management grants:  Provided further, That of the 
     amount appropriated under this heading, the amount equal to 
     the amount of Rural Water and Waste Disposal Program Account 
     funds allocated by the Secretary for Rural Economic Area 
     Partnership Zones for the fiscal year 2011, shall be 
     available through June 30, 2012, for communities designated 
     by the Secretary of Agriculture as Rural Economic Area 
     Partnership Zones for the rural utilities programs described 
     in section 381E(d)(2) of the Consolidated Farm and Rural 
     Development Act:  Provided further, That $9,500,000 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 energy cost 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 Cost 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.

   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 
     shall 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 loans, 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, $212,014,000.
       For grants for telemedicine and distance learning services 
     in rural areas, as authorized by 7 U.S.C. 950aaa et seq., 
     $21,000,000, 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 funding provided under this heading 
     for grants under 379G of the Consolidated Farm and Rural 
     Development Act may only be provided to entities that meet 
     all of the eligibility criteria for a consortium as 
     established by this section:  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, $6,000,000, 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 of the total amount available, 
     $16,516,000 shall be available to carry out section 19 of the 
     Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):  
     Provided further, That of 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), 
     $6,618,497,000, 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, only the 
     provisions of section 17(h)(10)(B)(iii) shall be effective in 
     fiscal year 2012 (excluding performance bonus payments), for 
     which 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)(i) and section 
     17(h)(10)(B)(ii) shall only be made available upon a 
     determination by the Secretary that funds are available to 
     meet caseload requirements without the use of the contingency 
     reserve funds:  Provided further, That none of the

[[Page H7439]]

     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.), $80,401,722,000, 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 2012 to support the 
     Seniors Farmers' Market Nutrition Program, as authorized by 
     section 4402 of the Farm Security and Rural Investment Act of 
     2002, such funds shall remain available through September 30, 
     2013:  Provided further, That of the funds made available 
     under section 27(a) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2036(a)), the Secretary may use up to 10 percent for 
     costs associated with the distribution of commodities.

                   nutrition programs administration

       For necessary administrative expenses of the Food and 
     Nutrition Service for carrying out any domestic nutrition 
     assistance program, $138,500,000:  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, funds made available for the Borlaug 
     International Agricultural Science and Technology Fellowship 
     program, and up to $2,000,000 of the Foreign Agricultural 
     Service appropriation solely for the purpose of offsetting 
     fluctuations in international currency exchange rates, 
     subject to documentation by the Foreign Agricultural Service, 
     shall remain available until expended.

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

                     (including transfers of funds)

       For administrative expenses to carry out the credit program 
     of title I, Food for Peace Act (Public Law 83-480) and the 
     Food for Progress Act of 1985, $2,500,000, 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, 
     $1,466,000,000, to remain available until expended.

 commodity credit corporation export (loans) credit guarantee program 
                                account

                     (including transfers of funds)

       For administrative expenses to carry out the Commodity 
     Credit Corporation's export guarantee program, GSM 102 and 
     GSM 103, $6,820,000; to cover common overhead expenses as 
     permitted by section 11 of the Commodity Credit Corporation 
     Charter Act and in conformity with the Federal Credit Reform 
     Act of 1990, of which $6,465,000 shall be transferred to and 
     merged with the appropriation for ``Foreign Agricultural 
     Service, Salaries and Expenses'', and of which $355,000 shall 
     be transferred to and merged with the appropriation for 
     ``Farm Service Agency, Salaries and Expenses''.

  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), $184,000,000, to remain available 
     until expended:  Provided, That the Commodity Credit 
     Corporation is authorized to provide the services, 
     facilities, and authorities for the purpose of implementing 
     such section, subject to reimbursement from amounts provided 
     herein.

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

       For necessary expenses of the Food and Drug Administration, 
     including hire and purchase of passenger motor vehicles; for 
     payment of space rental and related costs pursuant to Public 
     Law 92-313 for programs and activities of the Food and Drug 
     Administration which are included in this Act; for rental of 
     special purpose space in the District of Columbia or 
     elsewhere; for miscellaneous and emergency expenses of 
     enforcement activities, authorized and approved by the 
     Secretary and to be accounted for solely on the Secretary's 
     certificate, not to exceed $25,000; and notwithstanding 
     section 521 of Public Law 107-188; $3,788,336,000:  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 section 740 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 379j-12), and shall be 
     credited to this account and remain available until 
     expended; $5,706,000 shall be derived from animal generic 
     drug user fees authorized by section 741 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379j-21), and 
     shall be credited to this account and shall remain 
     available until expended; $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 amounts 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) $882,747,000 shall be 
     for the Center for Food Safety and Applied Nutrition and 
     related field activities in the Office of Regulatory 
     Affairs; (2) $978,705,000 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) $329,136,000 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) $356,909,000 shall be for the 
     Center for Devices and Radiological Health and for related 
     field activities in the Office of

[[Page H7440]]

     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 $131,639,000 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 $205,472,000 shall be for payments to the 
     General Services Administration for rent; and (10) 
     $222,573,000 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 may be transferred from one specified 
     activity to another with the prior approval of the 
     Committees on Appropriations of both Houses of Congress.
       In addition, mammography user fees authorized by 42 U.S.C. 
     263b, export certification user fees authorized by 21 U.S.C. 
     381, and priority review user fees authorized by 21 U.S.C. 
     360n may be credited to this account, to remain available 
     until expended.

                        buildings and facilities

       For plans, construction, repair, improvement, extension, 
     alteration, and purchase of fixed equipment or facilities of 
     or used by the Food and Drug Administration, where not 
     otherwise provided, $8,788,000, to remain available until 
     expended.

                          INDEPENDENT AGENCIES

                  commodity futures trading commission

       For necessary expenses to carry out the provisions of the 
     Commodity Exchange Act (7 U.S.C. 1 et seq.), including the 
     purchase and hire of passenger motor vehicles, and the rental 
     of space (to include multiple year leases) in the District of 
     Columbia and elsewhere, $205,294,000, to remain available 
     until September 30, 2013, including not to exceed $3,000 for 
     official reception and representation expenses, and not to 
     exceed $25,000 for the expenses for consultations and 
     meetings hosted by the Commission with foreign governmental 
     and other regulatory officials, and of which $55,000,000 
     shall remain available for information technology investments 
     until September 30, 2014.

                       Farm Credit Administration

                 limitation on administrative expenses

       Not to exceed $61,000,000 (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:  Provided, That 
     notwithstanding this section, the only purchase of new 
     passenger vehicles shall be for those determined by the 
     Secretary to be necessary for transportation safety, to 
     reduce operational costs, and for the protection of life, 
     property, and public safety.
       Sec. 702.  The Secretary of Agriculture may transfer 
     unobligated balances of discretionary funds appropriated by 
     this Act or other available unobligated discretionary 
     balances of the Department of Agriculture to the Working 
     Capital Fund for the acquisition of plant and capital 
     equipment necessary for the delivery of financial, 
     administrative, and information technology services of 
     primary benefit to the agencies of the Department of 
     Agriculture:  Provided, That none of the funds made available 
     by this Act or any other Act shall be transferred to the 
     Working Capital Fund without the prior approval of the agency 
     administrator:  Provided further, That none of the funds 
     transferred to the Working Capital Fund pursuant to this 
     section shall be available for obligation without written 
     notification to and the prior approval of the Committees on 
     Appropriations of both Houses of Congress:  Provided further, 
     That none of the funds appropriated by this Act or made 
     available to the Department's Working Capital Fund shall be 
     available for obligation or expenditure to make any changes 
     to the Department's National Finance Center without written 
     notification to and prior approval of the Committees on 
     Appropriations of both Houses of Congress as required by 
     section 711 of this Act:  Provided further, That of annual 
     income amounts in the Working Capital Fund of the Department 
     of Agriculture allocated for the National Finance Center, the 
     Secretary may reserve not more than 4 percent for the 
     replacement or acquisition of capital equipment, including 
     equipment for the improvement and implementation of a 
     financial management plan, information technology, and other 
     systems of the National Finance Center or to pay any 
     unforeseen, extraordinary cost of the National Finance 
     Center:  Provided further, That none of the amounts reserved 
     shall be available for obligation unless the Secretary 
     submits written notification of the obligation to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate:  Provided further, That the limitation on the 
     obligation of funds pending notification to Congressional 
     Committees shall not apply to any obligation that, as 
     determined by the Secretary, is necessary to respond to a 
     declared state of emergency that significantly impacts the 
     operations of the National Finance Center; or to evacuate 
     employees of the National Finance Center to a safe haven to 
     continue operations of the National Finance Center.
       Sec. 703.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 704.  No funds appropriated by this Act may be used to 
     pay negotiated indirect cost rates on cooperative agreements 
     or similar arrangements between the United States Department 
     of Agriculture and nonprofit institutions in excess of 10 
     percent of the total direct cost of the agreement when the 
     purpose of such cooperative arrangements is to carry out 
     programs of mutual interest between the two parties. This 
     does not preclude appropriate payment of indirect costs on 
     grants and contracts with such institutions when such 
     indirect costs are computed on a similar basis for all 
     agencies for which appropriations are provided in this Act.
       Sec. 705.  Appropriations to the Department of Agriculture 
     for the cost of direct and guaranteed loans made available in 
     the current fiscal year shall remain available until expended 
     to disburse obligations made in the current fiscal year for 
     the following accounts: the Rural Development Loan Fund 
     program account, the Rural Electrification and 
     Telecommunication Loans program account, and the Rural 
     Housing Insurance Fund program account.
       Sec. 706.  Hereafter, none of the funds appropriated by 
     this Act may be used to carry out section 410 of the Federal 
     Meat Inspection Act (21 U.S.C. 679a) or section 30 of the 
     Poultry Products Inspection Act (21 U.S.C. 471).
       Sec. 707.  None of the funds made available to the 
     Department of Agriculture by this Act may be used to acquire 
     new information technology systems or significant upgrades, 
     as determined by the Office of the Chief Information Officer, 
     without the approval of the Chief Information Officer and the 
     concurrence of the Executive Information Technology 
     Investment Review Board:  Provided, That notwithstanding any 
     other provision of law, none of the funds appropriated or 
     otherwise made available by this Act may be transferred to 
     the Office of the Chief Information Officer without written 
     notification to and the prior approval of the Committees on 
     Appropriations of both Houses of Congress:  Provided further, 
     That none of the funds available to the Department of 
     Agriculture for infor- mation technology shall be obligated 
     for projects over $25,000 prior to receipt of written 
     approval by the Chief Information Officer.
       Sec. 708.  Funds made available under section 1240I and 
     section 1241(a) of the Food Security Act of 1985 and section 
     524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) 
     in the current fiscal year shall remain available until 
     expended to disburse obligations made in the current fiscal 
     year.
       Sec. 709.  Notwithstanding any other provision of law, any 
     former RUS borrower that has repaid or prepaid an insured, 
     direct or guaranteed loan under the Rural Electrification Act 
     of 1936, or any not-for-profit utility that is eligible to 
     receive an insured or direct loan under such Act, shall be 
     eligible for assistance under section 313(b)(2)(B) of such 
     Act in the same manner as a borrower under such Act.
       Sec. 710.  Notwithstanding any other provision of law, for 
     the purposes of a grant under section 412 of the Agricultural 
     Research, Extension, and Education Reform Act of 1998, none 
     of the funds in this or any other Act may be used to prohibit 
     the provision of in-kind support from non-Federal sources 
     under section 412(e)(3) of such Act in the form of 
     unrecovered indirect costs not otherwise charged against the 
     grant, consistent with the indirect rate of cost approved for 
     a recipient.
       Sec. 711.  Except as otherwise specifically provided by 
     law, unobligated balances remaining available at the end of 
     the fiscal year from appropriations made available for 
     salaries and expenses in this Act for the Farm Service Agency 
     and the Rural Development mission area, shall remain 
     available through September 30, 2013, for information 
     technology expenses.
       Sec. 712.  The Secretary of Agriculture may authorize a 
     State agency to use funds provided in this Act to exceed the 
     maximum amount of liquid infant formula specified in 7 C.F.R. 
     246.10 when issuing liquid infant formula to participants.
       Sec. 713.  None of the funds appropriated or otherwise made 
     available by this Act may be used for first-class travel by 
     the employees of agencies funded by this Act in contravention 
     of sections 301-10.122 through 301-10.124 of title 41, Code 
     of Federal Regulations.
       Sec. 714.  In the case of each program established or 
     amended by the Food, Conservation, and Energy Act of 2008 
     (Public Law 110-246), other than by title I or subtitle A of 
     title III of such Act, that is authorized or required to be 
     carried out using funds of the Commodity Credit Corporation--
       (1) such funds shall be available for salaries and related 
     administrative expenses, including technical assistance, 
     associated with the implementation of the program, without 
     regard to the limitation on the total amount of allotments 
     and fund transfers contained in section 11 of the Commodity 
     Credit Corporation Charter Act (15 U.S.C. 714i); and
       (2) the use of such funds for such purpose shall not be 
     considered to be a fund transfer or allotment for purposes of 
     applying the limitation on the total amount of allotments and 
     fund transfers contained in such section.
       Sec. 715.  Notwithstanding any other provision of law, the 
     requirements pursuant to 7 U.S.C. 1736f(e)(1) may be waived 
     for any amounts higher than those specified under this 
     authority for fiscal year 2010.

[[Page H7441]]

       Sec. 716. (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. 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.  None of the funds in this Act shall be available 
     to pay indirect costs charged against any agricultural 
     research, education, or extension grant awards issued by the 
     National Institute of Food and Agriculture that exceed 30 
     percent of total Federal funds provided under each award:  
     Provided, That notwithstanding section 1462 of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3310), funds provided by this Act for grants 
     awarded competitively by the National Institute of Food and 
     Agriculture shall be available to pay full allowable indirect 
     costs for each grant awarded under section 9 of the Small 
     Business Act (15 U.S.C. 638).
       Sec. 721.  None of the funds made available by this or any 
     other Act may be used to write, prepare, or publish a final 
     rule or an interim final rule in furtherance of, or otherwise 
     to implement, ``Implementation of Regulations Required Under 
     Title XI of the Food, Conservation and Energy Act of 2008; 
     Conduct in Violation of the Act'' (75 Fed. Reg. 35338 (June 
     22, 2010)) unless the combined annual cost to the economy of 
     such rules do not exceed $100,000,000:  Provided, That no 
     funds be made available by this or any other Act to publish a 
     final or interim final rule in furtherance of, or otherwise 
     implement, proposed sections 201.2(l), 201.2(t), 201.2(u), 
     201.3(c), 201.210, 201.211, 201.213, or 201.214 of 
     ``Implementation of Regulations Required Under Title XI of 
     the Food, Conservation and Energy Act of 2008; Conduct in 
     Violation of the Act'' (75 Fed. Reg. 35338 (June 22, 2010)):  
     Provided further, That such rules must be published in the 
     Federal Register no later than December 9, 2011:  Provided 
     further, That none of the funds made available by this or any 
     other Act may be used to implement such rules until 60 days 
     from the publication date of such rules, and only unless such 
     rules are otherwise in compliance with this section.
       Sec. 722.  Any unobligated funds included under Treasury 
     symbol codes 12X3336, 12X2268, 12X0132, 12X2271, 12X2277, 
     12X1404, 12X1501, and 12X1336 are hereby rescinded.
       Sec. 723.  Of the unobligated balances provided pursuant to 
     section 16(h)(1)(A) of the Food and Nutrition Act of 2008, 
     $11,000,000 are hereby rescinded.
       Sec. 724.  There is hereby appropriated $1,996,000 to carry 
     out section 1621 of Public Law 110-246.
       Sec. 725.  Subject to authorization by the Congress, 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 $768,484,000;
       (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;
       (4) The Farmland Protection Program as authorized by 
     section 1238I of the Food Security Act of 1985 (16 U.S.C. 
     3838i) in excess of $150,000,000;
       (5) The Grassland Reserve Program as authorized by sections 
     1238O-1238Q of the Food Security Act of 1985 (16 U.S.C. 
     3838o-3838q) in excess of 209,000 acres in fiscal year 
     2012;
       (6) The Wetlands Reserve Program authorized by sections 
     1237-1237F of the Food Security Act of 1985 (16 U.S.C. 3837-
     3837f) to enroll in excess of 185,800 acres in fiscal year 
     2012;
       (7) The Wildlife Habitat Incentives Act authorized by 
     section 1240N of the Food Security Act of 1985 (16 U.S.C. 
     3839bb-1)) in excess of $50,000,000;
       (8) The Voluntary Public Access and Habitat Incentives 
     Program authorized by section 1240R of the Food Security Act 
     of 1985 (16 U.S.C. 3839bb-5);
       (9) The 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 $65,000,000;
       (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 $22,000,000;
       (11) The Rural Microentrepreneur Assistance Program 
     authorized by section 6022 of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 2008s);
       (12) 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;
       (13) 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;
       (14) The Biomass Crop Assistance Program authorized by 
     section 9011 of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 8111) in excess of $17,000,000 in new 
     obligational authority; and
       (15) 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.  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 
     nonindustrial forests lands, enrolling lands on the coast of 
     the Gulf of Mexico that were damaged by Hurricane Katrina in 
     2005.
       Sec. 728.  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. 729.  The funds made available in Public Law 111-344 
     through February 12, 2012 for trade adjustment for farmers 
     are hereby rescinded.
       Sec. 730. (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

[[Page H7442]]

     for obligation or expenditure through a reprogramming of 
     funds, or in the case of the Department of Agriculture, 
     through use of the authority provided by section 702(b) of 
     the Department of Agriculture Organic Act of 1944 (7 U.S.C. 
     2257) or section 8 of Public Law 89-106 (7 U.S.C. 2263), 
     that--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes offices, programs, or activities; or
       (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees;

     unless the Secretary of Agriculture, the Secretary of Health 
     and Human Services, or the Chairman of the Commodity Futures 
     Trading Commission (as the case may be) notifies, in writing, 
     the Committees on Appropriations of both Houses of Congress 
     at least 30 days in advance of the reprogramming of such 
     funds or the use of such authority.
       (b) None of the funds provided by this Act, or provided by 
     previous Appropriations Acts to the agencies funded by this 
     Act that remain available for obligation or expenditure in 
     the current fiscal year, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming or use of the 
     authorities referred to in subsection (a) involving funds in 
     excess of $500,000 or 10 percent, whichever is less, that--
       (1) augments existing programs, projects, or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (3) results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress; 
     unless the Secretary of Agriculture, the Secretary of Health 
     and Human Services, or the Chairman of the Commodity Futures 
     Trading Commission (as the case may be) notifies, in writing, 
     the Committees on Appropriations of both Houses of Congress 
     at least 30 days in advance of the reprogramming of such 
     funds or the use of such authority.
       (c) The Secretary of Agriculture, the Secretary of Health 
     and Human Services, or the Chairman of the Commodity Futures 
     Trading Commission shall notify 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, the 
     Secretary of Health and Human Services or the Chairman of the 
     Commodity Futures Trading Commission receives from the 
     Committee on Appropriations of both Houses of Congress 
     written or electronic mail confirmation of receipt of the 
     notification as required in this section.
       Sec. 731.  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. 732. (a) Closure and Conveyance of Agricultural 
     Research Service Facilities.--The Secretary of Agriculture 
     may close up to 10 facilities of the Agricultural Research 
     Service, as proposed in the budget of the President for 
     fiscal year 2012 submitted to Congress pursuant to section 
     1105 of title 31, United States Code.
       (b) Conveyance Authority.--With respect to an Agricultural 
     Research Service facility to be closed pursuant to subsection 
     (a), the Secretary of Agriculture may convey, with or without 
     consideration, all right, title, and interest of the United 
     States in and to any real property, including improvements 
     and equipment thereon, of the facility to an eligible entity 
     specified in subsection (c). If the Agricultural Research 
     Service facility consists of more than one parcel of real 
     property, the Secretary may convey each parcel separately and 
     to different eligible entities.
       (c) Entities.--The following entities are eligible to 
     receive real property under subsection (b):
       (1) Land-grant colleges and universities (as defined in 
     section 1404(13) of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
     3103(13)).
       (2) 1994 Institutions (as defined in section 532 of the 
     Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 
     301 note; Public Law 103-382)).
       (3) Hispanic-serving agricultural colleges and universities 
     (as defined in section 1404(10) of the National Agricultural 
     Research, Extension, and Teaching Policy Act of 1977 (7 
     U.S.C. 3103(10)).
       (d) Conditions on Receipt.--As a condition of the 
     conveyance of real property under subsection (b), the 
     recipient of the property must--
       (1) be located in the same State or territory of the United 
     States in which the property is located; and
       (2) agree to accept and use the property for agricultural 
     and natural resources research for a minimum of 25 years.
       Sec. 733.  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. 734.  Section 9 of the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1758) is amended by adding at the 
     end the following:
       ``(l) Food Donation Program.--
       ``(1) In general.--Each school and local educational agency 
     participating in the school lunch program under this Act may 
     donate any food not consumed under such program to eligible 
     local food banks or charitable organizations.
       ``(2) Guidance.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of this subsection, the Secretary shall 
     develop and publish guidance to schools and local educational 
     agencies participating in the school lunch program under this 
     Act to assist such schools and local educational agencies in 
     donating food under this subsection.
       ``(B) Updates.--The Secretary shall update such guidance as 
     necessary.
       ``(3) Liability.--Any school or local educational agency 
     making donations pursuant to this subsection shall be exempt 
     from civil and criminal liability to the extent provided 
     under the Bill Emerson Good Samaritan Food Donation Act (42 
     U.S.C. 1791).
       ``(4) Definition.--In this subsection, the term `eligible 
     local food banks or charitable organizations' means any food 
     bank or charitable organization which is exempt from tax 
     under section 501(c)(3) of the Internal Revenue Code of 1986 
     (26 U.S.C. 501(c)(3)).''.
       Sec. 735.  There is hereby appropriated for the ``Emergency 
     Conservation Program'', for necessary expenses resulting from 
     a major disaster declared pursuant to the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), $122,700,000, to remain available until expended:  
     Provided, That the preceding amount is designated by the 
     Congress as being for disaster relief pursuant to section 
     251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:  Provided further, That there is hereby 
     appropriated for the ``Emergency Forest Restoration 
     Program'', for necessary expenses resulting from a major 
     disaster declared pursuant to the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
     $28,400,000, to remain available until expended:  Provided 
     further, That the preceding amount is designated by the 
     Congress as being for disaster relief pursuant to 
     section 251(b)(2)(D) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985:  Provided further, That there 
     is hereby appropriated for the ``Emergency Watershed 
     Protection Program'', for necessary expenses resulting 
     from a major disaster declared pursuant to the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), $215,900,000, to remain available 
     until expended:  Provided further, That the preceding 
     amount is designated by the Congress as being for disaster 
     relief pursuant to section 251(b)(2)(D) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985.
       Sec. 736.  Unless otherwise authorized by existing law, 
     none of the funds provided in this Act, may be used by an 
     executive branch agency to produce any prepackaged news story 
     intended for broadcast or distribution in the United States 
     unless the story includes a clear notification within the 
     text or audio of the prepackaged news story that the 
     prepackaged news story was prepared or funded by that 
     executive branch agency.
       Sec. 737.  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. 738.  None of the funds made available by this Act may 
     be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to any corporation 
     that was convicted (or had an officer or agent of such 
     corporation acting on behalf of the corporation convicted) of 
     a felony criminal violation under any Federal or State law 
     within the preceding 24 months, where the awarding agency is 
     aware of the conviction, unless the agency has considered 
     suspension or debarment of the corporation, or such officer 
     or agent, and made a determination that this further action 
     is not necessary to protect the interests of the Government.
       Sec. 739.  None of the funds made available by this Act may 
     be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     that any unpaid Federal tax liability that has been assessed, 
     for which all judicial and administrative remedies have been 
     exhausted or have lapsed, and that is not being paid in a 
     timely manner pursuant to an agreement with the authority 
     responsible for collecting the tax liability, where the 
     awarding agency is aware of the unpaid tax liability, unless 
     the agency has considered suspension or debarment of the 
     corporation and made a determination that this further action 
     is not necessary to protect the interests of the Government.
       Sec. 740.  Unobligated balances not to exceed $31,000,000 
     for the ``Emergency Watershed Protection Program'' provided 
     in Public Law 108-199, Public Law 109-234, and Public Law 
     110-28 shall be available for the purposes of such program 
     for disasters occurring in 2011, and shall remain available 
     until expended:  Provided, That the amounts made available by 
     this section are designated by Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and

[[Page H7443]]

     Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
     amended.
       Sec. 741.  Funds made available by this Act under title II 
     of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be 
     used to provide assistance to recipient nations if adequate 
     monitoring and controls, as determined by the Administrator 
     of the U.S. Agency for International Development, are in 
     place to ensure that emergency food aid is received by the 
     intended beneficiaries in areas affected by food shortages 
     and not diverted for unauthorized or inappropriate purposes.
       Sec. 742. None of the funds made available by this Act may 
     be used to pay the salaries and expenses of personnel who 
     provide nonrecourse marketing assistance loans for mohair 
     under section 1201 of the Food, Conservation, and Energy Act 
     of 2008 (7 U.S.C. 8731).
       Sec. 743. None of the funds made available by this Act may 
     be used to implement an interim final or final rule regarding 
     nutrition programs under the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1751 et seq.) and the Child 
     Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) that--
       (1) requires crediting of tomato paste and puree based on 
     volume;
       (2) implements a sodium reduction target beyond Target I, 
     the 2-year target, specified in Notice of Proposed 
     Rulemaking, ``Nutrition Standards in the National School 
     Lunch and School Breakfast Programs'' (FNS-2007-0038, RIN 
     0584-AD59) until the Secretary certifies that the Department 
     has reviewed and evaluated relevant scientific studies and 
     data relevant to the relationship of sodium reductions to 
     human health; and
       (3) establishes any whole grain requirement without 
     defining ``whole grain.''
       Sec. 744. For fiscal year 2012, section 363 of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 2006e) 
     shall not apply to any project funded under the community 
     facilities programs authorized under such Act if such project 
     is also subject to approval of a permit issued under section 
     404 of the Federal Water Pollution Control Act (33 U.S.C. 
     1344).
       Sec. 745. 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.
       Sec. 746. 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. 747. For 2012 and subsequent fiscal years--
       (1) 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 and a demonstration 
     program for the preservation and revitalization of the 
     section 515 multi-family rental housing properties as 
     authorized by Public Law 109-97 and Public Law 110-5 shall be 
     transferred to and merged with the ``Rural Housing Service, 
     Multi-family Housing Revitalization Program Account'';
       (2) 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 the ``Rural Community 
     Facilities Program Account'' and any other prior balances 
     from the Rural Development, Rural Community Advancement 
     Program account that the Secretary determines are appropriate 
     to transfer;
       (3) 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 the 
     ``Rural Business Program Account'' and any other prior 
     balances from the Rural Development, Rural Community 
     Advancement Program account that the Secretary determines are 
     appropriate to transfer; and
       (4) Any prior balances in the Rural Development, Rural 
     Community Advancement Program account programs authorized by 
     sections 306, 306A, 306C, 306D, 306E, and 310B and described 
     in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of such 
     Act be transferred to and merged with the ``Rural Water and 
     Waste Disposal Program Account'' and any other prior balances 
     from the Rural Development, Rural Community Advancement 
     Program account that the Secretary determines are appropriate 
     to transfer.
       Sec. 748. In addition to amounts otherwise made available 
     by this Act, there is appropriated to implement the Water 
     Bank Act (16 U.S.C. 1301-1311) $7,500,000, to remain 
     available until expended:  Provided, That, notwithstanding 
     section 6 of such Act (16 U.S.C. 1305), agreements entered 
     into with funds provided under this section shall not be 
     renewed:  Provided further, That, in utilizing funds provided 
     under this section, the Secretary of Agriculture may waive 
     the percentage limitation in the last sentence of section 11 
     of such Act (16 U.S.C. 1310) to ensure efficient 
     administration of the program authorized by such Act:  
     Provided further, That flooded agricultural lands, as 
     determined by the Secretary, shall be eligible to be enrolled 
     in the program.
       This division 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

                                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 $294,300 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, $465,000,000, 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, 
     That not less than $48,854,000 shall be for Manufacturing and 
     Services; not less than $42,623,000 shall be for Market 
     Access and Compliance; not less than $67,358,000 shall be for 
     the Import Administration; not less than $269,804,000 shall 
     be for trade promotion and the United States and Foreign 
     Commercial Service; and not less than $26,922,000 shall be 
     for Executive Direction and Administration:  Provided 
     further, That not less than $7,000,000 shall be for the 
     Office of China Compliance, and not less than $4,400,000 
     shall be for the China Countervailing Duty Group:  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.

                    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 $13,500 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, $101,000,000, to remain available until expended:  
     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, for the cost of loan guarantees 
     authorized by section 26 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3721), and for grants and 
     loan guarantees authorized by section 27 of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722), 
     $220,000,000, to remain available until expended; of which 
     $5,000,000 shall be for projects to facilitate the 
     relocation, to the United States, of a source of employment 
     located outside the United States; of which up to $5,000,000 
     shall be for loan guarantees under section 26; and of which 
     up to $5,000,000 shall be for loan guarantees and grants 
     under section 27:  Provided, That the costs for loan 
     guarantees, 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 
     for loan guarantees under such sections 26 and 27 combined 
     are available to subsidize

[[Page H7444]]

     total loan principal, any part of which is to be 
     guaranteed, not to exceed $70,000,000.
       Pursuant to section 703 of the Public Works and Economic 
     Development Act (42 U.S.C. 3233), for an additional amount 
     for ``Economic Development Assistance Programs'' for 
     necessary 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. 5121 et seq.), $200,000,000, 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.

                         salaries and expenses

       For necessary expenses of administering the economic 
     development assistance programs as provided for by law, 
     $37,500,000:  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, 
     $30,339,000.

                   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, $96,000,000.

                          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

       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 $635,000,000 is appropriated from the general 
     fund and $55,000,000 is derived from available unobligated 
     balances from the Census Working Capital Fund:  Provided 
     further, That from amounts provided herein, funds may be used 
     for promotion, outreach, and marketing activities:  Provided 
     further, That within the amounts appropriated, $1,000,000 
     shall be transferred to the ``Office of Inspector General'' 
     account 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:  Provided, That, notwithstanding 31 
     U.S.C. 1535(d), the Secretary of Commerce shall charge 
     Federal agencies for costs incurred in spectrum management, 
     analysis, operations, and related services, and such fees 
     shall be retained and used as offsetting collections for 
     costs of such spectrum services, to remain available until 
     expended:  Provided further, That the Secretary of Commerce 
     is authorized to retain and use as offsetting collections all 
     funds transferred, or previously transferred, from other 
     Government agencies for all costs incurred in 
     telecommunications research, engineering, and related 
     activities by the Institute for Telecommunication Sciences of 
     NTIA, in furtherance of its assigned functions under this 
     paragraph, and such funds received from other Government 
     agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

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

               United States Patent and Trademark Office

                         salaries and expenses

                     (including transfers 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 of fees and 
     surcharges assessed and collected by the USPTO under any 
     law 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 such offsetting 
     collections 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 USPTO 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 $900 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 USPTO's 
     specific use shall be recognized as an imputed cost on 
     USPTO's financial statements, where applicable:  Provided 
     further, That, notwithstanding any other provision of law, 
     all fees and surcharges assessed and collected by USPTO 
     are available for USPTO only pursuant to section 42(c) of 
     title 35, United States Code, as amended by section 22 of 
     the Leahy-Smith America Invents Act (Public Law 112-29):  
     Provided further, That within the amounts appropriated, 
     $1,000,000 shall be transferred to the ``Office of 
     Inspector General'' account 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, $567,000,000, 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 Hollings Manufacturing 
     Extension Partnership of the National Institute of Standards 
     and Technology, $128,443,000, to remain available until 
     expended.

                  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, $55,381,000, to remain 
     available until expended:  Provided, That the Secretary of 
     Commerce shall include in the 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 National Institute of 
     Standards and Technology construction project having a total 
     multi-year program cost of more than $5,000,000 and 
     simultaneously the budget justification materials shall 
     include an estimate of the budgetary requirements for each 
     such project for each of the five subsequent fiscal years.

            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, $3,022,231,000, to remain available until 
     September 30, 2013, except that funds provided 
     for cooperative enforcement 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 $3,139,329,000 
     provided for in direct obligations under this heading 
     $3,022,231,000 is appropriated from the general fund, 
     $109,098,000 is provided by transfer and $8,000,000 is 
     derived from recoveries of prior year obligations:  
     Provided further, That the total amount available for 
     National Oceanic and Atmospheric Administration corporate 
     services administrative support costs shall not exceed 
     $230,738,000, of which $5,000,000 shall not be available 
     until the Administrator provides the Committees on 
     Appropriations of the House of Representatives and the 
     Senate with revised and detailed lifecycle costs of all 
     satellite programs funded under the ``Procurement, 
     Acquisition and Construction'' account:  Provided further, 
     That any deviation from the amounts designated for 
     specific activities in the statement accompanying this 
     Act, or any use of

[[Page H7445]]

     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, 
     $1,817,094,000, to remain available until September 30, 2014, 
     except that funds provided for construction of facilities 
     shall remain available until expended:  Provided, That of the 
     $1,825,094,000 provided for in direct obligations under this 
     heading, $1,817,094,000 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 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 National Oceanic and Atmospheric Administration 
     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:  Provided further, That, within the 
     amounts appropriated, $1,000,000 shall be transferred to the 
     ``Office of Inspector General'' account for activities 
     associated with carrying out investigations and audits 
     related to satellite procurement, acquisition and 
     construction.

                    pacific coastal salmon recovery

       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 that are listed as threatened or endangered, or 
     identified by a State as at-risk to be so-listed, for 
     maintaining populations necessary for exercise of tribal 
     treaty fishing rights or native subsistence fishing, or for 
     conservation of Pacific coastal salmon and steelhead habitat, 
     based on guidelines to be developed by the Secretary of 
     Commerce:  Provided further, That all funds shall be 
     allocated based on scientific and other merit principles and 
     shall not be available for marketing activities:  Provided 
     further, That funds disbursed to States shall be subject to a 
     matching requirement of funds or documented in-kind 
     contributions of at least 33 percent of the Federal funds.

                      fishermen's contingency fund

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

                   fisheries finance program account

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

                        Departmental Management

                         salaries and expenses

       For expenses necessary for the departmental management of 
     the Department of Commerce provided for by law, including not 
     to exceed $4,500 for official reception and representation, 
     $57,000,000:  Provided, That the Secretary of Commerce shall 
     establish a task force on job repatriation and manufacturing 
     growth and shall produce a report on related incentive 
     strategies and implementation plans.

                      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.), $26,946,000.

               General Provisions--Department of Commerce

                         (including rescission)

       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.
       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. (a) For purposes of this section--
       (1) the term ``Under Secretary'' means Under Secretary of 
     Commerce for Oceans and Atmosphere;
       (2) the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Appropriations and the Committee on 
     Commerce, Science, and Transportation of the Senate; and
       (B) the Committee on Appropriations and the Committee on 
     Science, Space and Technology of the House of 
     Representatives;
       (3) the term ``satellite'' means the satellites proposed to 
     be acquired for the National Oceanic and Atmospheric 
     Administration (NOAA);
       (4) the term ``development'' means the phase of a program 
     following the formulation phase and beginning with the 
     approval to proceed to implementation, as defined in NOAA 
     Administrative Order 216-108, Department of Commerce 
     Administrative Order 208-3, and NASA's Procedural 
     Requirements 7120.5c, dated March 22, 2005;
       (5) the term ``development cost'' means the total of all 
     costs, including construction of facilities and civil servant 
     costs, from the period beginning with the approval to proceed 
     to implementation through the achievement of operational 
     readiness, without regard to funding source or management 
     control, for the life of the program;
       (6) the term ``life-cycle cost'' means the total of the 
     direct, indirect, recurring, and nonrecurring costs, 
     including the construction of facilities and civil servant 
     costs, and other related expenses incurred or estimated to be 
     incurred in the design, development, verification, 
     production, operation, maintenance, support, and retirement 
     of a program over its planned lifespan, without regard to 
     funding source or management control;
       (7) the term ``major program'' means an activity approved 
     to proceed to implementation that has an estimated life-cycle 
     cost of more than $250,000,000; and
       (8) the term ``baseline'' means the program as set 
     following contract award and preliminary design review of the 
     space and ground systems.
       (b)(1) NOAA shall not enter into a contract for development 
     of a major program, unless the Under Secretary determines 
     that--
       (A) the technical, cost, and schedule risks of the program 
     are clearly identified and the program has developed a plan 
     to manage those risks;
       (B) the technologies required for the program have been 
     demonstrated in a relevant laboratory or test environment;
       (C) the program complies with all relevant policies, 
     regulations, and directives of NOAA and the Department of 
     Commerce;
       (D) the program has demonstrated a high likelihood of 
     accomplishing its intended goals; and
       (E) the acquisition of satellites for use in the program 
     represents a good value to accomplishing NOAA's mission.
       (2) The Under Secretary shall transmit a report describing 
     the basis for the determination required under paragraph (1) 
     to the appropriate congressional committees at least 30 days 
     before entering into a contract for development under a major 
     program.
       (3) The Under Secretary may not delegate the determination 
     requirement under this subsection, except in cases in which 
     the Under Secretary has a conflict of interest.
       (c)(1) Annually, at the same time as the President's annual 
     budget submission to the Congress, the Under Secretary shall 
     transmit to the appropriate congressional committees a report 
     that includes the information required by this

[[Page H7446]]

     section for the satellite development program for which NOAA 
     proposes to expend funds in the subsequent fiscal year. The 
     report under this paragraph shall be known as the Major 
     Program Annual Report.
       (2) The first Major Program Annual Report for NOAA's 
     satellite development program shall include a Baseline Report 
     that shall, at a minimum, include--
       (A) the purposes of the program and key technical 
     characteristics necessary to fulfill those purposes;
       (B) an estimate of the life-cycle cost for the program, 
     with a detailed breakout of the development cost, program 
     reserves, and an estimate of the annual costs until 
     development is completed;
       (C) the schedule for development, including key program 
     milestones;
       (D) the plan for mitigating technical, cost, and schedule 
     risks identified in accordance with subsection (b)(1)(A); and
       (E) the name of the person responsible for making 
     notifications under subsection (d), who shall be an 
     individual whose primary responsibility is overseeing the 
     program.
       (3) For the major program for which a Baseline Report has 
     been submitted, subsequent Major Program Annual Reports shall 
     describe any changes to the information that had been 
     provided in the Baseline Report, and the reasons for those 
     changes.
       (d)(1) The individual identified under subsection (c)(2)(E) 
     shall immediately notify the Under Secretary any time that 
     individual has reasonable cause to believe that, for the 
     major program for which he or she is responsible, the 
     development cost of the program has exceeded the estimate 
     provided in the Baseline Report of the program by 20 percent 
     or more.
       (2) Not later than 30 days after the notification required 
     under paragraph (1), the individual identified under 
     subsection (c)(2)(E) shall transmit to the Under Secretary a 
     written notification explaining the reasons for the change in 
     the cost of the program for which notification was 
     provided under paragraph (1).
       (3) Not later than 15 days after the Under Secretary 
     receives a written notification under paragraph (2), the 
     Under Secretary shall transmit the notification to the 
     appropriate congressional committees.
       (e) Not later than 30 days after receiving a written 
     notification under subsection (d)(2), the Under Secretary 
     shall determine whether the development cost of the program 
     has exceeded the estimate provided in the Baseline Report of 
     the program by 20 percent or more. If the determination is 
     affirmative, the Under Secretary shall--
       (1) transmit to the appropriate congressional committees, 
     not later than 15 days after making the determination, a 
     report that includes--
       (A) a description of the increase in cost and a detailed 
     explanation for the increase;
       (B) a description of actions taken or proposed to be taken 
     in response to the cost increase; and
       (C) a description of any impacts the cost increase, or the 
     actions described under subparagraph (B), will have on any 
     other program within NOAA; and
       (2) if the Under Secretary intends to continue with the 
     program, promptly initiate an analysis of the program, which 
     shall include, at a minimum--
       (A) the projected cost and schedule for completing the 
     program if current requirements of the program are not 
     modified;
       (B) the projected cost and the schedule for completing the 
     program after instituting the actions described under 
     paragraph (1)(B); and
       (C) a description of, and the projected cost and schedule 
     for, a broad range of alternatives to the program.
       (f) NOAA shall complete an analysis initiated under 
     paragraph (2) not later than 6 months after the Under 
     Secretary makes a determination under this subsection. The 
     Under Secretary shall transmit the analysis to the 
     appropriate congressional committees not later than 30 days 
     after its completion.
       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 Administrator 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.

                              (rescission)

       Sec. 109.  All balances in the Coastal Zone Management 
     Fund, whether unobligated or unavailable, are hereby 
     permanently rescinded, 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.  The Department of Commerce shall provide a 
     monthly report to the Committees on Appropriations of the 
     House of Representatives and the Senate, beginning with 
     October 2011 data, on any official travel to China by any 
     employee of the U.S. Department of Commerce, including the 
     purpose of such travel.
       Sec. 113. (a) The U.S. Participating Territories of the 
     Commission for the Conservation and Management of Highly 
     Migratory Fish Stocks in the Western and Central Pacific 
     Ocean (``Commission'') 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 
     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.
       (b) 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 (a);
       (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.
       (c) Subsection (a) shall remain in effect until the earlier 
     of December 31, 2012, or such time as--
       (1) the Western Pacific Regional Fishery Management Council 
     recommends an amendment to the Pelagics Fishery Management 
     Plan for the Western Pacific Region, and implementing 
     regulations, to the Secretary of Commerce that authorize use, 
     assignment, allocation, and management of catch limits of 
     highly migratory fish stocks, or fishing effort limits, 
     established by the Commission and applicable to U.S. 
     Participating Territories;
       (2) the Secretary of Commerce approves the amendment as 
     recommended; and
       (3) such implementing regulations become effective.
       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, $110,822,000, of which not to exceed 
     $4,000,000 for security and construction of Department of 
     Justice facilities shall remain available until expended.

                   national drug intelligence center

       For necessary expenses of the National Drug Intelligence 
     Center, $20,000,000.

[[Page H7447]]

                 justice information sharing technology

       For necessary expenses for information sharing technology, 
     including planning, development, deployment and departmental 
     direction, $44,307,000, to remain available until expended.

            tactical law enforcement wireless communications

       For the costs of developing and implementing communications 
     systems supporting Federal law enforcement 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 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.

                   administrative review and appeals

                     (including transfer of funds)

       For expenses necessary for the administration of pardon and 
     clemency petitions and immigration-related activities, 
     $305,000,000, 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, 
     $1,580,595,000, 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, $12,833,000.

                            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, $863,367,000, 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 $9,000 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, $1,960,000,000:  Provided, That of the total 
     amount appropriated, not to exceed $7,200 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 each United 
     States Attorney shall establish or participate in a United 
     States Attorney-led task force on human trafficking.

                   united states trustee system fund

       For necessary expenses of the United States Trustee 
     Program, as authorized, $223,258,000, 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, $223,258,000 of offsetting 
     collections pursuant to 28 U.S.C. 589a(b) shall be retained 
     and used for necessary expenses in this appropriation and 
     shall remain available until expended:  Provided further, 
     That the sum herein appropriated from the Fund shall be 
     reduced as such offsetting collections are received during 
     fiscal year 2012, so as to result in a final fiscal year 2012 
     appropriation from the Fund estimated at $0.

      salaries and expenses, foreign claims settlement commission

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

                     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, of which not to exceed $10,000,000 
     is for construction of buildings for protected witness 
     safesites; not to exceed $3,000,000 is for the purchase and 
     maintenance of armored and other vehicles for witness 
     security caravans; and not to exceed $11,000,000 is 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, 
     $11,456,000:  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), $20,948,000, 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, $1,174,000,000; of which not to exceed $10,000,000 
     shall be available for necessary expenses for increased 
     deputy marshals and staff related to border enforcement 
     initiatives, not to exceed $6,000 shall be available for 
     official reception and representation expenses, and not to 
     exceed $15,000,000 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, $15,000,000, to remain available until 
     expended, of which not to exceed $8,250,000 shall be 
     available for detention upgrades at Federal courthouses to 
     support border enforcement initiatives.

                       National Security Division

                         salaries and expenses

       For expenses necessary to carry out the activities of the 
     National Security Division, $87,000,000; 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, $527,512,000, of which $50,000,000 shall remain 
     available until expended:  Provided, That any amounts 
     obligated from appropriations under

[[Page H7448]]

     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, $8,036,991,000, of which 
     not to exceed $150,000,000 shall remain available until 
     expended:  Provided, That not to exceed $184,500 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, facilities and 
     sites by purchase, or as otherwise authorized by law; 
     conversion, modification and extension of Federally-owned 
     buildings; preliminary planning and design of projects; and 
     operation and maintenance of secure work environment 
     facilities and secure networking capabilities; $80,982,000, 
     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, 
     $2,025,000,000; of which not to exceed $75,000,000 shall 
     remain available until expended and not to exceed $90,000 
     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 of the 
     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, 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, 
     $1,152,000,000, of which not to exceed $36,000 shall be for 
     official reception and representation expenses, 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 not to exceed $15,000,000 shall remain 
     available until expended:  Provided, That no funds 
     appropriated herein or hereafter 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:  Provided further, That, during the 
     current fiscal year and in each fiscal year 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, except to: (1) a Federal, State, local, or tribal 
     law enforcement agency, or a Federal, State, or local 
     prosecutor; or (2) a foreign law enforcement agency solely in 
     connection with or for use in a criminal investigation or 
     prosecution; or (3) a Federal agency for a national security 
     or intelligence purpose; unless such disclosure of such data 
     to any of the entities described in (1), (2) or (3) of this 
     proviso would compromise the identity of any undercover law 
     enforcement officer or confidential informant, or interfere 
     with any case under investigation; and no person or entity 
     described in (1), (2) or (3) shall knowingly and publicly 
     disclose such data; and all such data shall be immune from 
     legal process, shall not be subject to subpoena or other 
     discovery, shall be inadmissible in evidence, and shall not 
     be used, relied on, or disclosed in any manner, nor shall 
     testimony or other evidence be permitted based on the data, 
     in a civil action in any State (including the District of 
     Columbia) or Federal court or in an administrative proceeding 
     other than a proceeding commenced by the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives to enforce the provisions of 
     chapter 44 of such title, or a review of such an action or 
     proceeding; except that this proviso shall not be construed 
     to prevent: (A) the disclosure of statistical information 
     concerning total production, importation, and exportation by 
     each licensed importer (as defined in section 921(a)(9) of 
     such title) and licensed manufacturer (as defined in section 
     921(a)(10) of such title); (B) the sharing or exchange of 
     such information among and between Federal, State, local, or 
     foreign law enforcement agencies, Federal, State, or local 
     prosecutors, and Federal national security, intelligence, or 
     counterterrorism officials; or (C) the publication of annual 
     statistical reports on products regulated by the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives, including total 
     production, importation, and exportation by each licensed 
     importer (as so defined) and licensed manufacturer (as so 
     defined), or statistical aggregate data regarding firearms 
     traffickers and trafficking channels, or firearms misuse, 
     felons, and trafficking investigations:  Provided further, 
     That no funds made available by this or any other Act shall 
     be expended to promulgate or implement any rule requiring a 
     physical inventory of any business licensed under section 923 
     of title 18, United States Code:  Provided further, That, 
     hereafter, no funds made available by this or any other 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

                     (including transfer of funds)

       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, $6,551,281,000:  
     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 $5,400 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.

                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.

[[Page H7449]]

   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, $412,500,000, 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) $189,000,000 is for grants to combat violence against 
     women, as authorized by part T of the 1968 Act;
       (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) $50,000,000 is for grants to encourage arrest policies 
     as authorized by part U of the 1968 Act, of which $4,000,000 
     is for a homicide reduction initiative;
       (6) $23,000,000 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) $41,000,000 is for legal assistance for victims, as 
     authorized by section 1201 of the 2000 Act;
       (10) $4,250,000 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) $11,500,000 is for the safe havens for children 
     program, as authorized by section 1301 of the 2000 Act;
       (12) $5,750,000 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) $4,500,000 is for the court training and improvements 
     program, as authorized by section 41002 of the 1994 Act;
       (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, including 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.

                       Office of Justice Programs

                  research, evaluation, and statistics

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (``the 1968 Act''); the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (``the 1974 
     Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 
     et seq.); the Prosecutorial Remedies and Other Tools to end 
     the Exploitation of Children Today Act of 2003 (Public Law 
     108-21); the Justice for All Act of 2004 (Public Law 108-
     405); the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
     Act''); the Victims of Child Abuse Act of 1990 (Public Law 
     101-647); the Second Chance Act of 2007 (Public Law 110-199); 
     the Victims of Crime Act of 1984 (Public Law 98-473); the 
     Adam Walsh Child Protection and Safety Act of 2006 (Public 
     Law 109-248) (``the Adam Walsh Act''); the PROTECT Our 
     Children Act of 2008 (Public Law 110-401); subtitle D of 
     title II of the Homeland Security Act of 2002 (Public Law 
     107-296) (``the 2002 Act''); and other programs; 
     $113,000,000, 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) $27,000,000 is for regional information sharing 
     activities, as authorized by part M of title I of the 1968 
     Act.

               state and local law enforcement assistance

       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; $1,162,500,000, to remain 
     available until expended as follows--
       (1) $470,000,000 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), of which, notwithstanding such subpart 1, $2,000,000 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, $2,000,000 is for a Preventing Violence Against Law 
     Enforcement Officer Resilience and Survivability Initiative 
     (VALOR), $4,000,000 is for use by the National Institute of 
     Justice for research targeted toward developing a better 
     understanding of the domestic radicalization phenomenon, and 
     advancing evidence-based strategies for effective 
     intervention and prevention, $6,000,000 is for activities 
     related to comprehensive criminal justice reform and 
     recidivism reduction efforts by States, and $100,000,000 is 
     for law enforcement and related security costs, including 
     overtime, associated with the two principal 2012 Presidential 
     Candidate Nominating Conventions;
       (2) $240,000,000 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) $10,000,000 for a border prosecutor initiative 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) $15,000,000 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;
       (6) $35,000,000 for Drug Courts, as authorized by section 
     1001(a)(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);

[[Page H7450]]

       (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) $3,000,000 for the Capital Litigation Improvement Grant 
     Program, as authorized by section 426 of Public Law 108-405, 
     and for grants for wrongful conviction review;
       (10) $7,000,000 for economic, high technology and Internet 
     crime prevention grants, including as authorized by section 
     401 of Public Law 110-403;
       (11) $4,000,000 for a student loan repayment assistance 
     program pursuant to section 952 of Public Law 110-315;
       (12) $20,000,000 for sex offender management assistance, as 
     authorized by the Adam Walsh Act and the Violent Crime 
     Control Act of 1994 (Public Law 103-322) and related 
     activities;
       (13) $10,000,000 for an initiative relating to children 
     exposed to violence;
       (14) $15,000,000 for an Edward Byrne Memorial criminal 
     justice innovation program;
       (15) $24,000,000 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) $5,000,000 for competitive and evidence-based programs 
     to reduce gun crime and gang violence;
       (18) $5,000,000 for grants to assist State and tribal 
     governments as authorized by the NICS Improvement Amendments 
     Act of 2007 (Public Law 110-180);
       (19) $6,000,000 for the National Criminal History 
     Improvement Program for grants to upgrade criminal records;
       (20) $12,000,000 for Paul Coverdell Forensic Sciences 
     Improvement Grants under part BB of title I of the 1968 Act;
       (21) $125,000,000 for DNA-related and forensic programs and 
     activities, of which--
       (A) $117,000,000 is for a DNA analysis and capacity 
     enhancement program and for other local, State, and Federal 
     forensic activities, including the purposes authorized under 
     section 2 of the DNA Analysis Backlog Elimination Act of 2000 
     (the Debbie Smith DNA Backlog Grant Program);
       (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, including as authorized by section 304 of Public Law 
     108-405;
       (22) $4,500,000 for the court-appointed special advocate 
     program, as authorized by section 217 of the 1990 Act;
       (23) $38,000,000 for assistance to Indian tribes;
       (24) $1,000,000 for the purposes described in the Missing 
     Alzheimer's Disease Patient Alert Program (section 240001 of 
     the 1994 Act);
       (25) $7,000,000 for a program to monitor prescription drugs 
     and scheduled listed chemical products;
       (26) $12,500,000 for prison rape prevention and prosecution 
     and other programs, as authorized by the Prison Rape 
     Elimination Act of 2003 (Public Law 108-79); and
       (27) $63,000,000 for offender reentry programs and 
     research, as authorized by the Second Chance Act of 2007 
     (Public Law 110-199), of which not to exceed $4,000,000 is 
     for a program to improve State, local, and tribal probation 
     supervision efforts and strategies:

       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, $262,500,000, to 
     remain available until expended as follows--
       (1) $40,000,000 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) $78,000,000 for youth mentoring grants;
       (3) $20,000,000 for delinquency prevention, as authorized 
     by section 505 of the 1974 Act, of which, pursuant to 
     sections 261 and 262 thereof--
       (A) $10,000,000 shall be for the Tribal Youth Program;
       (B) $5,000,000 shall be for gang and youth violence 
     education, prevention and intervention, and related 
     activities; and
       (C) $5,000,000 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) $18,000,000 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;
       (7) $65,000,000 for missing and exploited children 
     programs, including as authorized by sections 404(b) and 
     405(a) of the 1974 Act;
       (8) $1,500,000 for child abuse training programs for 
     judicial personnel and practitioners, as authorized by 
     section 222 of the 1990 Act; and
       (9) $2,000,000 for grants and technical assistance in 
     support of the National Forum on Youth Violence Prevention:

       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.

                     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), 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

       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''), $198,500,000, 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) $12,500,000 is for anti-methamphetamine-related 
     activities, which shall be transferred to the Drug 
     Enforcement Administration upon enactment of this Act;
       (2) $20,000,000 is for improving tribal law enforcement, 
     including hiring, equipment, training, and anti-
     methamphetamine activities; and
       (3) $166,000,000 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, $15,000,000 
     shall be transferred to the Tribal Resources Grant Program 
     to be used for improving tribal law enforcement, including 
     hiring, equipment, training, and anti-methamphetamine 
     activities:  Provided further, That within the amounts 
     appropriated, $10,000,000 is for community policing 
     development activities in furtherance of the purposes in 
     section 1701.

               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

[[Page H7451]]

     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 controls 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. (a) Within 120 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. 214.  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. 215.  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 title under the headings 
     ``Research, Evaluation, and Statistics'', ``State and Local 
     Law Enforcement Assistance'', and ``Juvenile Justice 
     Programs''--
       (1) Up to 3 percent of funds made available to the Office 
     of Justice Programs for grant or reimbursement programs may 
     be used by such Office to provide training and technical 
     assistance; and
       (2) Up to 2 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.
       Sec. 216.  The Attorney General may, upon request by a 
     grantee and based upon a determination of fiscal hardship, 
     waive the requirements of sections 2976(g)(1), 2978(e)(1) and 
     (2), and 2904 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1), 3797w-
     2(e)(1) and (2), 3797q-3) with respect to funds appropriated 
     in this or any other Act making appropriations for fiscal 
     years 2010 through 2012 for Adult and Juvenile Offender State 
     and Local Reentry Demonstration Projects and State, Tribal, 
     and Local Reentry Courts authorized under part FF of title I 
     of such Act of 1968, and the Prosecution Drug Treatment 
     Alternatives to Prison Program authorized under part CC of 
     such Act.
       Sec. 217.  Notwithstanding any other provision of law, 
     section 20109(a), in subtitle A of title II of the Violent 
     Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
     13709(a)), shall not apply to amounts made available by this 
     title.
       Sec. 218.  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. 219.  None of the funds made available under this Act, 
     other than for the national instant criminal background check 
     system established under section 103 of the Brady Handgun 
     Violence Prevention Act, may be used by a Federal law 
     enforcement officer to facilitate the transfer of an operable 
     firearm to an individual if the Federal law enforcement 
     officer knows or suspects that the individual is an agent of 
     a drug cartel, unless law enforcement personnel of the United 
     States continuously monitor or control the firearm at all 
     times.
       Sec. 220.  The Attorney General shall identify an 
     independent auditor to evaluate the Gulf Coast Claims 
     Facility.
       Sec. 221.  Section 1761 of title 18, United States Code, is 
     amended--
       (1) by striking ``non-Federal'' in subsection (c)(1);
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following new 
     subsection:
       ``(d) This section shall not apply to goods, wares, or 
     merchandise manufactured, produced, mined or assembled by 
     convicts or prisoners who are participating in any pilot 
     project approved by the FPI Board of Directors, which are 
     currently, or would otherwise be, manufactured, produced, 
     mined, or assembled outside the United States.''.
       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 $2,250 for official reception and 
     representation expenses, and rental of conference rooms in 
     the District of Columbia, $4,500,000.

             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, $5,090,000,000, 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 radioisotope thermoelectric 
     generators to enable future missions:  Provided, That NASA 
     shall implement the recommendations of the most recent 
     National Research Council planetary decadal survey and shall 
     follow the decadal survey's recommended decision rules 
     regarding program implementation, including a strict 
     adherence to the recommendation that NASA include in a 
     balanced program a flagship class mission, which may be 
     executed in cooperation with one or more international 
     partners, if such mission can be appropriately de-scoped and 
     all NASA costs for such mission can be accommodated within 
     the overall funding levels appropriated by Congress:  
     Provided further, That the formulation and development costs 
     (with 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

[[Page H7452]]

     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, $569,900,000, 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, $575,000,000, 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, $3,770,800,000, 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 $1,860,000,000 shall be for the heavy 
     lift launch vehicle system which shall have a lift capability 
     not less than 130 tons and which shall have an upper stage 
     and other core elements developed simultaneously, 
     $406,000,000 shall be for commercial spaceflight activities, 
     and $304,800,000 shall be for exploration research and 
     development:  Provided further, That not to exceed 
     $316,500,000 of funds provided for the heavy lift launch 
     vehicle system may be used for ground operations:  
     Provided further, That $100,000,000 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 not to 
     exceed $58,000,000 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 not be 
     subject to the 10 percent transfer limitation described in 
     the Administrative Provisions in this Act for the National 
     Aeronautics and Space Administration 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, $4,233,600,000, to remain available 
     until September 30, 2013:  Provided, That not to exceed 
     $41,000,000 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 10 
     percent transfer limitation described in the Administrative 
     Provisions in this Act for the National Aeronautics and Space 
     Administration and shall be treated as a reprogramming under 
     section 505 of this Act:  Provided further, That acquisition 
     of the Tracking and Data Relay Satellite-M may be funded 
     incrementally in fiscal year 2012 and thereafter.

                               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, 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, $138,400,000, to remain 
     available until September 30, 2013, of which $18,400,000 
     shall be for the Experimental Program to Stimulate 
     Competitive Research and $40,000,000 shall be for the 
     National Space Grant College program.

                          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 $63,000 
     for official reception and representation expenses; and 
     purchase, lease, charter, maintenance, and operation of 
     mission and administrative aircraft, $2,995,000,000, to 
     remain available until September 30, 2013, of which 
     $1,000,000 shall be transferred to ``National Aeronautics and 
     Space Administration, Office of Inspector General'' and used 
     by the Inspector General to commission a comprehensive 
     independent assessment of NASA's strategic direction and 
     agency management:  Provided, That not less than $39,100,000 
     shall be available for independent verification and 
     validation activities.

       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, $390,000,000, to remain available 
     until September 30, 2017:  Provided, That hereafter, 
     notwithstanding section 315 of the National Aeronautics and 
     Space Act of 1958 (42 U.S.C. 2459j), all proceeds from leases 
     entered into under that section shall be deposited into this 
     account and shall be available for a period of 5 years, to 
     the extent provided in annual appropriations Acts:  
     Provided further, That such proceeds shall be available 
     for obligation for fiscal year 2012 in an amount not to 
     exceed $3,960,000:  Provided further, That each annual 
     budget request shall include an annual estimate of gross 
     receipts and collections and proposed use of all funds 
     collected pursuant to section 315 of the National 
     Aeronautics and Space Act of 1958 (42 U.S.C. 2459j).

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, 
     $37,300,000, of which $500,000 shall remain available until 
     September 30, 2013.

                       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.''.
       51 U.S.C. 20145(b)(1) is amended by inserting ``(A)'' 
     before ``A person'' and by 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 538 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; $5,719,000,000, 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

[[Page H7453]]

     Centers and other National Science Foundation supported 
     research facilities may be credited to this appropriation:  
     Provided further, That not less than $150,900,000 shall be 
     available for activities authorized by section 
     7002(c)(2)(A)(iv) of Public Law 110-69:  Provided further, 
     That up to $50,000,000 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, $167,055,000, 
     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 
     $8,280 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; $299,400,000:  
     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 
     $2,500 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 15 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 Government 
     Accountability Office (GAO) 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 GAO 
     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, $250,000 shall be transferred directly to 
     the Office of Inspector General of GAO 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); nonmonetary awards to private citizens; and 
     $29,500,000 for payments to State and local enforcement 
     agencies for authorized services to the Commission, 
     $360,000,000:  Provided, That the Commission is authorized to 
     make available for official reception and representation 
     expenses not to exceed $2,250 from available funds:  Provided 
     further, That the Commission may take no action to implement 
     any workforce repositioning, restructuring, or reorganization 
     until such time as the Committees on Appropriations have been 
     notified of such proposals, in accordance with the 
     reprogramming requirements of section 505 of this Act:  
     Provided further, That the Chair is authorized to accept and 
     use any gift or donation to carry out the work of the 
     Commission.

                     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 
     $2,250 for official reception and representation expenses, 
     $80,000,000, 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, 
     $348,000,000, of which $322,400,000 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.

                        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, $51,251,000, of which $1,000,000 
     shall remain available until expended:  Provided, That not to 
     exceed $111,600 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.) $5,121,000, of which 
     $500,000 shall remain available until September 30, 2013:  
     Provided, That not to exceed $2,250 shall be available for 
     official reception and representation expenses.

                                TITLE V

                           GENERAL PROVISIONS

                        (including rescissions)

       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

[[Page H7454]]

     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.  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 
     a reprogramming of funds that: (1) creates or initiates a new 
     program, project or activity; (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 or renames offices, programs or activities; 
     (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees; (7) augments 
     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; or (8) 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.
       Sec. 506.  During the current fiscal year and in each 
     fiscal year thereafter, 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. (a) 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.
       (b)(1) To the extent practicable, with respect to 
     authorized purchases of promotional items, funds made 
     available by this Act shall be used to purchase items that 
     are manufactured, produced, or assembled in the United 
     States, its territories or possessions.
       (2) The term ``promotional items'' has the meaning given 
     the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
       Sec. 508. (a) The Departments of Commerce and Justice, the 
     National Science Foundation, and the National Aeronautics and 
     Space Administration shall provide to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a quarterly report on the status of balances of 
     appropriations at the account level. For unobligated, 
     uncommitted balances and unobligated, committed balances the 
     quarterly reports shall separately identify the amounts 
     attributable to each source year of appropriation from which 
     the balances were derived. For balances that are obligated, 
     but unexpended, the quarterly reports shall separately 
     identify amounts by the year of obligation.
       (b) The report described in subsection (a) shall be 
     submitted within 30 days of the end of the first quarter of 
     fiscal year 2012, and subsequent reports shall be submitted 
     within 30 days of the end of each quarter thereafter.
       (c) If a department or agency is unable to fulfill any 
     aspect of a reporting requirement described in subsection (a) 
     due to a limitation of a current accounting system, the 
     department or agency shall fulfill such aspect to the maximum 
     extent practicable under such accounting system and shall 
     identify and describe in each quarterly report the extent to 
     which such aspect is not fulfilled.
       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.  Hereafter, none of the funds appropriated 
     pursuant to this Act or any other provision of law may be 
     used for--
       (1) the implementation of any tax or fee in connection with 
     the implementation of subsection 922(t) of title 18, United 
     States Code; and
       (2) any system to implement subsection 922(t) of title 18, 
     United States Code, that does not require and result in the 
     destruction of any identifying information submitted by or on 
     behalf of any person who has been determined not to be 
     prohibited from possessing or receiving a firearm no more 
     than 24 hours after the system advises a Federal firearms 
     licensee that possession or receipt of a firearm by the 
     prospective transferee would not violate subsection (g) or 
     (n) of section 922 of title 18, United States Code, or State 
     law.
       Sec. 512.  Notwithstanding any other provision of law, 
     amounts deposited or available in the Fund established under 
     42 U.S.C. 10601 in any fiscal year in excess of $705,000,000 
     shall not be available for obligation until the following 
     fiscal year.
       Sec. 513.  None of the funds made available to the 
     Department of Justice in this Act may be used to discriminate 
     against or denigrate the religious or moral beliefs of 
     students who participate in programs for which financial 
     assistance is provided from those funds, or of the parents or 
     legal guardians of such students.
       Sec. 514.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 515.  Any funds provided in this Act used to implement 
     E-Government Initiatives shall be subject to the procedures 
     set forth in section 505 of this Act.
       Sec. 516. (a) Tracing studies conducted by the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives are released 
     without adequate disclaimers regarding the limitations of the 
     data.
       (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 
     shall include in all such data releases, language similar to 
     the following that would make clear that trace data cannot be 
     used to draw broad conclusions about firearms-related crime:
       (1) Firearm traces are designed to assist law enforcement 
     authorities in conducting investigations by tracking the sale 
     and possession of specific firearms. Law enforcement agencies 
     may request firearms traces for any reason, and those reasons 
     are not necessarily reported to the Federal Government. Not 
     all firearms used in crime are traced and not all firearms 
     traced are used in crime.
       (2) Firearms selected for tracing are not chosen for 
     purposes of determining which types, makes, or models of 
     firearms are used for illicit purposes. The firearms selected 
     do not constitute a random sample and should not be 
     considered representative of the larger universe of all 
     firearms used by criminals, or any subset of that universe. 
     Firearms are normally traced to the first retail seller, and 
     sources reported for firearms traced do not necessarily 
     represent the sources or methods by which firearms in general 
     are acquired for use in crime.
       Sec. 517. (a) The Inspectors General of the Department of 
     Commerce, the Department of Justice, the National Aeronautics 
     and Space Administration, the National Science Foundation, 
     and the Legal Services Corporation shall conduct audits, 
     pursuant to the Inspector General Act (5 U.S.C. App.), of 
     grants or contracts for which funds are appropriated by this 
     Act, and shall submit reports to Congress on the progress of 
     such audits, which may include preliminary findings and a 
     description of areas of particular interest, within 180 days 
     after initiating such an audit and every 180 days thereafter 
     until any such audit is completed.
       (b) Within 60 days after the date on which an audit 
     described in subsection (a) by an Inspector General is 
     completed, the Secretary, Attorney General, Administrator, 
     Director, or President, as appropriate, shall make the 
     results of the audit available to the public on the Internet 
     website maintained by the Department, Administration, 
     Foundation, or Corporation, respectively. The results shall 
     be made available in redacted form to exclude--
       (1) any matter described in section 552(b) of title 5, 
     United States Code; and
       (2) sensitive personal information for any individual, the 
     public access to which could be used to commit identity theft 
     or for other inappropriate or unlawful purposes.
       (c) A grant or contract funded by amounts appropriated by 
     this Act may not be used for the purpose of defraying the 
     costs of a banquet or conference that is not directly and 
     programmatically related to the purpose for which the grant 
     or contract was awarded, such as a banquet or conference held 
     in connection with planning, training, assessment, review, or 
     other routine purposes related to a project funded by the 
     grant or contract.
       (d) Any person awarded a grant or contract funded by 
     amounts appropriated by this Act shall submit a statement to 
     the Secretary of Commerce, the Attorney General, the 
     Administrator, Director, or President, as appropriate, 
     certifying that no funds derived from the grant or contract 
     will be made available through a subcontract or in any other 
     manner to another person who has a financial interest in the 
     person awarded the grant or contract.
       (e) The provisions of the preceding subsections of this 
     section shall take effect 30 days after the date on which the 
     Director of the Office of Management and Budget, in 
     consultation with the Director of the Office of Government 
     Ethics, determines that a uniform set of rules and 
     requirements, substantially similar to the requirements in 
     such subsections, consistently apply under the executive 
     branch ethics program to all Federal departments, agencies, 
     and entities.
       Sec. 518.  None of the funds appropriated or otherwise made 
     available under this Act may be used by the Departments of 
     Commerce and Justice, the National Aeronautics and Space 
     Administration, or the National Science Foundation to acquire 
     information technology systems unless the respective 
     Secretary or head of agency, in consultation with the Federal 
     Bureau of

[[Page H7455]]

     Investigation or other appropriate Federal agencies, has 
     assessed any associated risk of cyber-espionage or sabotage.
       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 
     respective Secretary, Administrator, or Director. The 
     Secretary, Administrator, or Director shall notify the House 
     and Senate Committees on Appropriations within 30 days in 
     writing of such increase, and shall include in such notice: 
     the date on which such determination was made; a statement of 
     the reasons for such increases; the action taken and proposed 
     to be taken to control future cost growth of the project; 
     changes made in the performance or schedule milestones and 
     the degree to which such changes have contributed to the 
     increase in total program costs or procurement costs; new 
     estimates of the total project or procurement costs; and a 
     statement validating that the project's management structure 
     is adequate to control total project or procurement costs.
       Sec. 525.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence or intelligence related activities are deemed to 
     be specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414) during fiscal year 2012 until the enactment of the 
     Intelligence Authorization Act for fiscal year 2012.
       Sec. 526.  The Departments, agencies, and commissions 
     funded under this Act, shall establish and maintain on the 
     homepages of their Internet websites--
       (1) a direct link to the Internet Web sites of their 
     Offices of Inspectors General; and
       (2) a mechanism on the Offices of Inspectors General Web 
     site 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.

                             (rescissions)

       Sec. 528. (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 accounts in the specified amounts--
       (1) ``National Telecommunications and Information 
     Administration, Information Infrastructure Grants'', 
     $2,000,000;
       (2) ``National Telecommunications and Information 
     Administration, Public Telecommunications Facilities, 
     Planning and Construction'', $2,750,000; and
       (3) ``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 for ``Emergency 
     Steel, Oil, and Gas Guaranteed Loan Program Account'', 
     $700,000 are hereby rescinded.
       (d) Of the unobligated balances available to the Department 
     of Justice, 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'', 
     $675,000,000;
       (3) ``United States Marshals Service, Salaries and 
     Expenses'', $2,200,000;
       (4) ``Drug Enforcement Administration, Salaries and 
     Expenses'', $10,000,000;
       (5) ``Federal Prison System, Buildings and Facilities'', 
     $45,000,000;
       (6) ``State and Local Law Enforcement Activities, Office on 
     Violence Against Women, Violence Against Women Prevention and 
     Prosecution Programs'', $15,000,000;
       (7) ``State and Local Law Enforcement Activities, Office of 
     Justice Programs'', $55,000,000; and
       (8) ``State and Local Law Enforcement Activities, Community 
     Oriented Policing Services'', $23,605,000.
       (e) The Department of Justice shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report no later than September 1, 2012 
     specifying the amount of each rescission made pursuant to 
     subsection (d).
       (f) Of the unobligated balances available to the National 
     Aeronautics and Space Administration from prior 
     appropriations, $30,000,000 are hereby rescinded.
       Sec. 529.  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.
       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, unless 
     such conference is a law enforcement training or operational 
     conference for law enforcement personnel and the majority of 
     Federal employees in attendance are law enforcement personnel 
     stationed outside the United States.

[[Page H7456]]

       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.  The Departments of Commerce and Justice, the 
     National Aeronautics and Space Administration, and the 
     National Science Foundation shall submit spending plans, 
     signed by the respective department or agency head, to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate within 45 days after the date of enactment of 
     this Act.
       Sec. 539. (a) None of the funds made available by this Act 
     may be used for the National Aeronautics and Space 
     Administration (NASA) or the Office of Science and Technology 
     Policy (OSTP) to develop, design, plan, promulgate, 
     implement, or execute a bilateral policy, program, order, or 
     contract of any kind to participate, collaborate, or 
     coordinate bilaterally in any way with China or any Chinese-
     owned company unless such activities are specifically 
     authorized by a law enacted after the date of enactment of 
     this Act.
       (b) The limitation in subsection (a) shall also apply to 
     any funds used to effectuate the hosting of official Chinese 
     visitors at facilities belonging to or utilized by NASA.
       (c) The limitations described in subsections (a) and (b) 
     shall not apply to activities which NASA or OSTP have 
     certified pose no risk of resulting in the transfer 
     of technology, data, or other information with national 
     security or economic security implications to China or a 
     Chinese-owned company.
       (d) Any certification made under subsection (c) shall be 
     submitted to the Committees on Appropriations of the House of 
     Representatives and the Senate no later than 14 days prior to 
     the activity in question and shall include a description of 
     the purpose of the activity, its major participants, and its 
     location and timing.
       Sec. 540. (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. 541.  None of the funds made available by this Act may 
     be used to pay the salaries or expenses of personnel to deny, 
     or fail to act on, an application for the importation of any 
     model of shotgun if--
       (1) all other requirements of law with respect to the 
     proposed importation are met; and
       (2) no application for the importation of such model of 
     shotgun, in the same configuration, had been denied by the 
     Attorney General prior to January 1, 2011, on the basis that 
     the shotgun was not particularly suitable for or readily 
     adaptable to sporting purposes.
       Sec. 542. (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. 543.  None of the funds made available by this Act may 
     be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     that was convicted of a felony criminal violation under any 
     Federal law within the preceding 24 months, unless an agency 
     has considered suspension or debarment of the corporation and 
     made a determination that this further action is not 
     necessary to protect the interests of the Government.
       Sec. 544.  None of the funds made available by this Act may 
     be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     that has any unpaid Federal tax liability that has been 
     assessed, for which all judicial and administrative remedies 
     have been exhausted or have lapsed, and that is not being 
     paid in a timely manner pursuant to an agreement with the 
     authority responsible for collecting the tax liability, 
     unless an agency has considered suspension or debarment of 
     the corporation and made a determination that this further 
     action is not necessary to protect the interests of the 
     Government.
       Sec. 545.  All agencies and departments funded under this 
     Act shall send to the Committees on Appropriations of the 
     House of Representatives and the Senate 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. 546.  None of the funds made available by this or any 
     other Act for fiscal year 2012 may be used to implement, 
     administer, or enforce, prior to January 1, 2012, the rule 
     entitled ``Wage Methodology for the Temporary Non-
     agricultural Employment H-2B Program'' published by the 
     Department of Labor in the Federal Register on January 19, 
     2011 (76 Fed. Reg. 3452 et seq.).
       This division may be cited as the ``Commerce, Justice, 
     Science, and Related Agencies Appropriations Act, 2012''.

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

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

       For necessary expenses of the Office of the Secretary, 
     $102,481,000, of which not to exceed $2,618,000 shall be 
     available for the immediate Office of the Secretary; not to 
     exceed $984,000 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 $10,107,000 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 
     $2,500,000 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 $2,020,000 shall be 
     available for the Office of Public Affairs; not to exceed 
     $1,595,000 shall be available for the Office of the Executive 
     Secretariat; not to exceed $1,369,000 shall be available for 
     the Office of Small and Disadvantaged Business Utilization; 
     not to exceed $10,778,000 for the Office of Intelligence, 
     Security, and Emergency Response; and not to exceed 
     $14,988,000 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

[[Page H7457]]

     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, $500,000,000, 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 shall give priority to projects which demonstrate 
     transportation benefits for existing systems or improve 
     interconnectivity between modes:  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 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 $20,000,000 
     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 the 
     National Infrastructure Investments program:  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.

                      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, 
     $9,384,000.

           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 
     $172,000,000 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 majority 
     approval of the Working Capital Fund Steering Committee and 
     approval of the Secretary:  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, $333,000, 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, $589,000.

                       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.  The Secretary or his designee may engage in 
     activities with States and State legislators to consider 
     proposals related to the reduction of motorcycle fatalities.
       Sec. 103.  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. 104.  Notwithstanding section 3324 of title 31, United 
     States Code, in addition to authority provided by section 327 
     of title 49, United States Code, the Department's Working 
     Capital Fund is hereby authorized to provide payments in 
     advance to vendors that are necessary to carry out the 
     Federal transit pass transportation fringe benefit program 
     under Executive Order 13150 and section 3049 of Public Law 
     109-59:  Provided, That the Department shall include adequate 
     safeguards in the contract with the vendors to ensure timely 
     and high-quality performance under the contract.
       Sec. 105.  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 decisions and 
     actions of each meeting.

                              (rescission)

       Sec. 106.  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.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

       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, $9,653,395,000, of which 
     $5,060,694,000 shall be derived from the Airport and Airway 
     Trust Fund, of which not to exceed $7,442,738,000 shall be 
     available for air traffic organization activities; not to 
     exceed $1,252,991,000 shall be available for aviation safety 
     activities; not to exceed $16,271,000 shall

[[Page H7458]]

     be available for commercial space transportation activities; 
     not to exceed $582,117,000 shall be available for finance and 
     management activities; not to exceed $98,858,000 shall be 
     available for human resources program activities; not to 
     exceed $60,134,000 shall be available for NextGen program 
     activities; and not to exceed $200,286,000 shall be available 
     for staff offices:  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:  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 $10,350,000 
     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, $2,730,731,000, of 
     which $475,000,000 shall remain available until September 
     30, 2012, and of which $2,255,731,000 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, 
     $167,556,000, 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, 
     $3,435,000,000 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 $3,350,000,000 in fiscal year 2012, 
     notwithstanding section 47117(g) of title 49, United States 
     Code:  Provided further, That none of the funds under this 
     heading shall be available for the replacement of baggage 
     conveyor systems, reconfiguration of terminal baggage areas, 
     or other airport improvements that are necessary to install 
     bulk explosive detection systems:  Provided further, That 
     notwithstanding any other provision of law, of funds limited 
     under this heading, not more than $101,000,000 shall be 
     obligated for administration, not less than $15,000,000 shall 
     be available for the airport cooperative research program, 
     not less than $29,250,000 shall be for Airport Technology 
     Research and $6,000,000, to remain available until expended, 
     shall be available and transferred to ``Office of the 
     Secretary, Salaries and Expenses'' to carry out the Small 
     Community Air Service Development Program.

       administrative provisions--federal aviation administration

       Sec. 110.  None of the funds in this Act may be used to 
     compensate in excess of 600 technical staff-years under the 
     federally funded research and development center contract 
     between the Federal Aviation Administration and the Center 
     for Advanced Aviation Systems Development during fiscal year 
     2012.
       Sec. 111.  None of the funds in this Act shall be used to 
     pursue or adopt guidelines or regulations requiring airport 
     sponsors to provide to the Federal Aviation Administration 
     without cost building construction, maintenance, utilities 
     and expenses, or space in airport sponsor-owned buildings for 
     services relating to air traffic control, air navigation, or 
     weather reporting:  Provided, That the prohibition of funds 
     in this section does not apply to negotiations between the 
     agency and airport sponsors to achieve agreement on ``below-
     market'' rates for these items or to grant assurances that 
     require airport sponsors to provide land without cost to the 
     FAA for air traffic control facilities.
       Sec. 112.  The Administrator of the Federal Aviation 
     Administration may reimburse amounts made available 
     to satisfy 49 U.S.C. 41742(a)(1) from fees credited under 
     49 U.S.C. 45303:  Provided, That during fiscal year 2012, 
     49 U.S.C. 41742(b) shall not apply, and any amount 
     remaining in such account at the close of that fiscal year 
     may be made available to satisfy section 41742(a)(1) for 
     the subsequent fiscal year.
       Sec. 113.  Amounts collected under section 40113(e) of 
     title 49, United States Code, shall be credited to the 
     appropriation current at the time of collection, to be merged 
     with and available for the same purposes of such 
     appropriation.
       Sec. 114.  None of the funds limited by this Act for grants 
     under the Airport Improvement Program shall be made available 
     to the sponsor of a commercial service airport if such 
     sponsor fails to agree to a request from the Secretary of 
     Transportation for cost-free space in a nonrevenue producing, 
     public use area of the airport terminal or other airport 
     facilities for the purpose of carrying out a public service 
     air passenger rights and consumer outreach campaign.
       Sec. 115.  None of the funds in this Act shall be available 
     for paying premium pay under subsection 5546(a) of title 5, 
     United States Code, to any Federal Aviation Administration 
     employee unless such employee actually performed work during 
     the time corresponding to such premium pay.
       Sec. 116.  None of the funds in this Act may be obligated 
     or expended for an employee of the Federal Aviation 
     Administration to purchase a store gift card or gift 
     certificate through use of a Government-issued credit card.
       Sec. 117.  The Secretary shall apportion to the sponsor of 
     an airport that received scheduled or unscheduled air service 
     from a large certified air carrier (as defined in part 241 of 
     title 14 Code of Federal Regulations, or such other 
     regulations as may be issued by the Secretary under the 
     authority of section 41709) an amount equal to the

[[Page H7459]]

     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.  None of the funds appropriated or limited by 
     this Act may be used to change weight restrictions or prior 
     permission rules at Teterboro airport in Teterboro, New 
     Jersey.

                     Federal Highway Administration

                 limitation on administrative expenses

                     (including transfer of funds)

       Not to exceed $412,000,000, 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, of which $16,000,000 shall be 
     derived from the authority provided in section 126 in this 
     Act. 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.

                          federal-aid highways

                      (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 $39,143,582,670 for Federal-aid 
     highways and highway safety construction programs for fiscal 
     year 2012:  Provided, That within the $39,143,582,670 
     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, $39,882,582,670 
     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, $1,662,000,000, to remain available until expended, for 
     necessary expenses resulting from a major disaster declared 
     pursuant to the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.):  Provided, 
     That notwithstanding section 125(d)(1) of title 23, United 
     States Code, the Secretary of Transportation may obligate 
     more than $100,000,000 for a single natural disaster event in 
     a State for emergency relief projects arising from damage 
     caused in fiscal year 2011 by Hurricane Irene or the Missouri 
     River basin flooding in the spring of 2011, except for events 
     involving closed hydrologic basins:  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 the 
     amount provided under this heading is designated by the 
     Congress as being for disaster relief pursuant to section 
     251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

       administrative provisions--federal highway administration

       Sec. 120. (a) For fiscal year 2012, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid highways amounts authorized for administrative 
     expenses and programs by section 104(a) of title 23, United 
     States Code; programs funded from the administrative takedown 
     authorized by section 104(a)(1) of title 23, United States 
     Code (as in effect on the date before the date of enactment 
     of the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users); the highway use tax evasion 
     program; and the Bureau of Transportation Statistics;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid highways that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety programs for previous fiscal 
     years the funds for which are allocated by the Secretary;
       (3) determine the ratio that--
       (A) the obligation limitation for Federal-aid highways, 
     less the aggregate of amounts not distributed under 
     paragraphs (1) and (2), bears to
       (B) the total of the sums authorized to be appropriated for 
     Federal-aid highways and highway safety construction programs 
     (other than sums authorized to be appropriated for provisions 
     of law described in paragraphs (1) through (9) of subsection 
     (b) and sums authorized to be appropriated for section 105 of 
     title 23, United States Code, equal to the amount referred to 
     in subsection (b)(10) for such fiscal year), less the 
     aggregate of the amounts not distributed under paragraphs (1) 
     and (2) of this subsection;
       (4)(A) distribute the obligation limitation for Federal-aid 
     highways, less the aggregate amounts not distributed under 
     paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users; sections 117 and section 
     144(g) of title 23, United States Code; and section 14501 of 
     title 40, United States Code, so that the amount of 
     obligation authority available for each of such sections is 
     equal to the amount determined by multiplying the ratio 
     determined under paragraph (3) by the sums authorized to be 
     appropriated for that section for the fiscal year; and
       (B) distribute $2,000,000,000 for section 105 of title 23, 
     United States Code;
       (5) distribute the obligation limitation provided for 
     Federal-aid highways, less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraph (4), for each of the programs 
     that are allocated by the Secretary under the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users and title 23, United States Code (other than 
     to programs to which paragraphs (1) and (4) apply), by 
     multiplying the ratio determined under paragraph (3) by the 
     amounts authorized to be appropriated for each such program 
     for such fiscal year; and
       (6) distribute the obligation limitation provided for 
     Federal-aid highways, less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraphs (4) and (5), for Federal-aid 
     highways and highway safety construction programs (other than 
     the amounts apportioned for the equity bonus program, but 
     only to the extent that the amounts apportioned for the 
     equity bonus program for the fiscal year are greater than 
     $2,639,000,000, and the Appalachian development highway 
     system program) that are apportioned by the Secretary under 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users and title 23, United States 
     Code, in the ratio that--
       (A) amounts authorized to be appropriated for such programs 
     that are apportioned to each State for such fiscal year, bear 
     to
       (B) the total of the amounts authorized to be appropriated 
     for such programs that are apportioned to all States for such 
     fiscal year.
       (b) Exceptions From Obligation Limitation.--The obligation 
     limitation for Federal-aid highways shall not apply to 
     obligations:
       (1) under section 125 of title 23, United States Code;
       (2) under section 147 of the Surface Transportation 
     Assistance Act of 1978;
       (3) under section 9 of the Federal-Aid Highway Act of 1981;
       (4) under subsections (b) and (j) of section 131 of the 
     Surface Transportation Assistance Act of 1982;
       (5) under subsections (b) and (c) of section 149 of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987;
       (6) under sections 1103 through 1108 of the Intermodal 
     Surface Transportation Efficiency Act of 1991;
       (7) under section 157 of title 23, United States Code, as 
     in effect on the day before the date of the enactment of the 
     Transportation Equity Act for the 21st Century;
       (8) under section 105 of title 23, United States Code, as 
     in effect for fiscal years 1998 through 2004, but only in an 
     amount equal to $639,000,000 for each of those fiscal years;
       (9) for Federal-aid highway programs for which obligation 
     authority was made available under the Transportation Equity 
     Act for the 21st Century or subsequent public laws for 
     multiple years or to remain available until used, but only to 
     the extent that the obligation authority has not lapsed or 
     been used;
       (10) under section 105 of title 23, United States Code, but 
     only in an amount equal to $639,000,000 for each of fiscal 
     years 2005 through 2012; and
       (11) under section 1603 of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity

[[Page H7460]]

     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.  The Comptroller General of the United States 
     shall carry out a study to review how the States and public 
     transit authorities have used the authority for States to 
     transfer Federal funds between highway and transit programs. 
     Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General shall submit a report to the 
     Congress describing the use of the transfer authority by the 
     States, the highway and transit projects funded with these 
     funds, the U.S. Department of Transportation administrative 
     mechanisms to track the use of these transferred funds, and 
     the impact the use of this authority has had on the 
     advancement of highway projects.
       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 
     through December 31, 2031.
       ``(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 
     through December 31, 2031.''.
       Sec. 126.  The Secretary may deduct, on a proportional 
     basis, for administrative expenses of the Federal-aid highway 
     program, a cumulative sum not to exceed $16,000,000 of the 
     sums authorized under the Surface Transportation Extension 
     Act of 2011, part II (Public Law 112-30) for the 14 allocated 
     programs.

              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, $247,724,000, 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 $247,724,000, 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 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, $29,000,000 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

[[Page H7461]]

     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.

             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, of which 
     $105,500,000 shall be for programs authorized under 23 U.S.C. 
     403, and of which $4,000,000 shall be for the National Driver 
     Register authorized under chapter 303 of title 49, United 
     States Code:  Provided further, That within the $105,500,000 
     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; $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 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).

      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, $178,596,000, of 
     which $12,300,000 shall remain available until expended.

                   railroad research and development

       For necessary expenses for railroad research and 
     development, $35,000,000, 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), $466,000,000, 
     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, as well as 
     progress against the milestones and target dates of the 2011 
     performance improvement plan:  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 these plans 
     shall be accompanied by a comprehensive fleet plan for all 
     Amtrak rolling stock which shall address the Corporation's 
     detailed plans and timeframes for the maintenance, 
     refurbishment, replacement, and expansion of the Amtrak 
     fleet:  Provided further, That said fleet plan shall 
     establish year-specific goals and milestones and discuss 
     potential, current, and preferred financing options for all 
     such activities:  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 none of the funds provided in this

[[Page H7462]]

     Act may be used after March 1, 2012, to support any route on 
     which Amtrak offers a discounted fare of more than 50 
     percent off the normal peak fare:  Provided further, That 
     the preceding proviso does not apply to routes where the 
     operating loss as a result of the discount is covered by a 
     State and the State participates in the setting of fares:  
     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), $952,000,000, 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 of the amounts made 
     available under this heading, not less than $50,000,000 shall 
     be made available to bring Amtrak served facilities and 
     stations into compliance with the Americans with Disabilities 
     Act:  Provided further, 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-
     half 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:  Provided further, That in 
     addition to the project management oversight funds authorized 
     under section 101(d) of division B of Public Law 110-432, the 
     Secretary may retain up to an additional one-half of 1 
     percent of the funds provided under this heading to fund 
     expenses associated with implementing section 212 of division 
     B of Public Law 110-432, including the amendments made by 
     section 212 to section 24905 of title 49, United States Code.

       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 Safety and Operations account of the Federal Railroad 
     Administration, and shall remain available until expended for 
     the repair, operation and maintenance of automated track 
     inspection cars and equipment in connection with the 
     automated track inspection program.
       Sec. 152.  Notwithstanding any other provisions of law, 
     rule or regulation, the Secretary of Transportation is 
     authorized to allow the issuer of any preferred stock 
     heretofore sold to the Department to redeem or repurchase 
     such stock upon the payment to the Department of an amount 
     determined by the Secretary.
       Sec. 153.  None of the funds provided to the National 
     Railroad Passenger Corporation may be used to fund any 
     overtime costs in excess of $35,000 for any individual 
     employee:  Provided, That the president of Amtrak may waive 
     the cap set in the previous proviso for specific employees 
     when the president of Amtrak determines such a cap poses a 
     risk to the safety and operational efficiency of the system:  
     Provided further, That Amtrak shall notify House and Senate 
     Committees on Appropriations within 30 days of waiving such 
     cap and delineate the reasons for such waiver.

                     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, $44,000,000, to remain available until 
     expended:  Provided, That $6,500,000 is available to carry 
     out the transit cooperative research program under section 
     5313 of title 49, United States Code, $3,500,000 is available 
     for the National Transit Institute under section 5315 of 
     title 49, United States Code, and $4,000,000 is available for 
     the university transportation centers program under section 
     5506 of title 49, United States Code:  Provided further, That 
     $25,000,000 is available to carry out innovative research and 
     demonstrations of national significance under section 5312 of 
     title 49, United States Code.

                       capital investment grants

                         (including rescission)

       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 $35,481,000 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 that 
     receive a Full Funding Grant Agreement during calendar year 
     2012:  Provided further, That of the funds appropriated under 
     this heading in Public Law 111-8, $58,500,000 are hereby 
     rescinded.

      grants to the 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.  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. 165.  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. 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.  Notwithstanding any other provision of law, none 
     of the funds made available in this Act shall be used to 
     enter into a full funding grant agreement for a project with 
     a New Starts share greater than 60 percent.

[[Page H7463]]

       Sec. 168.  Notwithstanding any other provision of law, fuel 
     for vehicle operations, including the cost of utilities used 
     for the propulsion of electrically driven vehicles, shall be 
     treated as an associated capital maintenance item for 
     purposes of grants made under section 5307 of title 49, 
     United States Code, in fiscal year 2012. Amounts made 
     available under this heading shall be limited to 
     $100,000,000.
       Sec. 169.  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. 169A.  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. 169B.  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, $32,259,000, 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, $156,258,000, 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 
     $22,900,000 shall remain available until expended for 
     facilities maintenance and repair, equipment, and capital 
     improvements at the United State Merchant Marine Academy:  
     Provided, That amounts apportioned for the United States 
     Merchant Marine Academy shall be available only upon 
     allotments made personally by the Secretary of Transportation 
     or the Assistant Secretary for Budget and Programs:  Provided 
     further, That the Superintendent, Deputy Superintendent and 
     the Director of the Office of Resource Management of the 
     United State Merchant Marine Academy may not be allotment 
     holders for the United States Merchant Marine Academy, and 
     the Administrator of the Maritime Administration shall hold 
     all allotments made by the Secretary of Transportation or the 
     Assistant Secretary for Budget and Programs under the 
     previous proviso:  Provided further, That 50 percent of the 
     funding made available for the United States Merchant Marine 
     Academy under this heading shall be available only after the 
     Secretary, in consultation with the Superintendent and the 
     Maritime Administrator, completes a plan detailing by program 
     or activity how such funding will be expended at the Academy, 
     and this plan is submitted to the House and Senate Committees 
     on Appropriations:  Provided further, That of the prior year 
     unobligated balances under this heading for information 
     technology requirements of Public Law 111-207, $980,000 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, $5,500,000, 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, $9,980,000, 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, $3,740,000 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.  None of the funds available or appropriated in 
     this Act shall be used by the United States Department of 
     Transportation or the United States Maritime Administration 
     to negotiate or otherwise execute, enter into, facilitate or 
     perform fee-for-service contracts for vessel disposal, 
     scrapping or recycling, unless there is no qualified domestic 
     ship recycler that will pay any sum of money to purchase and 
     scrap or recycle a vessel owned, operated or managed by the 
     Maritime Administration or that is part of the National 
     Defense Reserve Fleet. Such sales offers must be consistent 
     with the solicitation and provide that the work will be 
     performed in a timely manner at a facility qualified within 
     the meaning of section 3502 of Public Law 106-398. Nothing 
     contained herein shall affect the Maritime Administration's 
     authority to award contracts at least cost to the Federal 
     Government and consistent with the requirements of 16 
     U.S.C. Sec. 5405(c), section 3502, or otherwise authorized 
     under the Federal Acquisition Regulation.
       Sec. 172.  Notwithstanding any other provision of law, none 
     of the funds provided in this Act shall 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, $21,360,000, 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, $42,338,000, 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 expenses 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, $109,252,000, of which $18,573,000 
     shall be derived from the Oil Spill Liability Trust Fund and 
     shall remain available until September 30, 2014; and of which 
     $90,679,000 shall be derived from the Pipeline Safety Fund, 
     of which $48,191,000 shall remain available until September 
     30, 2014:  Provided, That not less than $1,058,000 of the 
     funds provided under this heading shall be for the one-call 
     State grant program.

                     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

[[Page H7464]]

     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.

           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 the Inspector 
     General to carry out the provisions of the Inspector General 
     Act of 1978, as amended, $79,624,000:  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:
      Provided further, That no funding through expenditure 
     transfers shall be made between either the Federal Highway 
     Administration, the Federal Aviation Administration, the 
     Federal Transit Administration, or the National 
     Transportation Safety Board, and the Office of Inspector 
     General.

                      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. 180.  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. 181.  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. 182.  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. 183. (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.
       Sec. 184.  Funds received by the Federal Highway 
     Administration, Federal Transit Administration, and Federal 
     Railroad Administration from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training may be credited 
     respectively to the Federal Highway Administration's 
     ``Federal-Aid Highways'' account, the Federal Transit 
     Administration's ``Research and University Research Centers'' 
     account, and to the Federal Railroad Administration's 
     ``Safety and Operations'' account, except for State rail 
     safety inspectors participating in training pursuant to 49 
     U.S.C. 20105.
       Sec. 185.  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. 186.  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. 187.  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. 188.  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. 189.  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 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.
       Sec. 190.  Funds appropriated in this Act to the modal 
     administrations may be obligated for the Office of the 
     Secretary for the costs related to assessments or 
     reimbursable agreements only when such amounts are for the 
     costs of goods and services that are purchased to provide a 
     direct benefit to the applicable modal administration or 
     administrations.
       Sec. 191. (a) Membership.--Section 49106(c)(1) of title 49, 
     United States Code, is amended--
       (1) in the matter preceding subparagraph (A) by striking 
     ``13 members'' and inserting ``17 members'';
       (2) in subparagraph (A) by striking ``5 members'' and 
     inserting ``7 members'';
       (3) in subparagraph (B) by striking ``3 members'' and 
     inserting ``4 members''; and
       (4) in subparagraph (C) by striking ``2 members'' and 
     inserting ``3 members''.
       (b) Term.--Section 49106(c)(3) of title 49, United States 
     Code, is amended by striking the second sentence and 
     inserting the following: ``Any member of the board shall be 
     eligible for reappointment for 1 additional term. A member 
     shall not serve after the expiration of the member's 
     term(s).''.
       (c) Removal of Board Members.--Section 49106(c)(6)(C) of 
     title 49, United States Code, is amended by inserting after 
     the first sentence: ``A member appointed by the Mayor of the 
     District of Columbia, the Governor of Maryland or the 
     Governor of Virginia may be removed or suspended from office 
     only for cause and in accordance with the laws of 
     jurisdiction from which the member is appointed.''.
       (d) Approval of Bond Issues and Annual Budget.--Section 
     49106(c)(7) of title 49, United States Code, is amended by 
     striking ``Eight votes'' and inserting ``Ten votes''.
       Sec. 192.  None of the funds shall be used to enforce 
     traffic control device compliance dates on State and local 
     governments for the requirements listed in the Manual on 
     Uniform Traffic Control Devices (MUTCD) to maintain minimum 
     levels of sign retroflectivity and with minimum letter 
     heights for street name signs; require agencies to implement 
     an assessment or management method designed to maintain sign 
     retroflectivity at or above the established minimum levels, 
     except with respect to implementing an assessment or 
     management method for regulatory and warning signs; or 
     require agencies to replace regulatory, warning, post-
     mounted, street name, and overhead guide signs that are 
     identified using the assessment or management

[[Page H7465]]

     method as failing to meet the established minimum 
     retroflectivity levels.
       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, $537,789,000, of which not to exceed 
     $3,572,000 shall be available for the immediate Office of the 
     Secretary; not to exceed $1,200,000 shall be for the Office 
     of the Deputy Secretary and the Chief Operating Officer; 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 $47,980,000 shall be available for 
     the Office of the Chief Financial Officer; not to exceed 
     $94,000,000 shall be available for the Office of the General 
     Counsel; not to exceed $2,400,000 shall be available to the 
     Office of Congressional and Intergovernmental Relations; not 
     to exceed $3,515,000 shall be available for the Office of 
     Public Affairs; not to exceed $255,436,000 shall be available 
     for the Office of the Chief Human Capital Officer; not to 
     exceed $10,475,000 shall be available for the Office of 
     Departmental Operations and Coordination; not to exceed 
     $47,500,000 shall be available for the Office of Field Policy 
     and Management; not to exceed $14,700,000 shall be available 
     for the Office of the Chief Procurement Officer; not to 
     exceed $3,610,000 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 $5,000,000 shall be available for 
     the Office of Strategic Planning and Management; and not to 
     exceed $41,885,000 shall be available for the Office of the 
     Chief Information Officer:  Provided, That funds provided 
     under this heading may be used for necessary administrative 
     and non-administrative expenses of the Department of Housing 
     and Urban Development, not otherwise provided for, including 
     purchase of uniforms, or allowances therefore, as authorized 
     by 5 U.S.C. 5901-5902; hire of passenger motor vehicles; 
     services as authorized by 5 U.S.C. 3109:  Provided further, 
     That notwithstanding any other provision of law, funds 
     appropriated under this heading may be used for advertising 
     and promotional activities that support the housing mission 
     area:  Provided further, That the Secretary shall transmit to 
     the House and Senate Committees on Appropriations a detailed 
     budget justification for each office within the Department, 
     including an organizational chart for each operating area 
     within the Department:  Provided further, That the budget 
     justification shall include funding levels for the past 3 
     fiscal years for all offices:  Provided further, that the 
     budget submitted by the Department must also include a 
     detailed justification for the incremental funding 
     increases, decreases and FTE fluctuations being requested 
     by program, activity, or program element:  Provided 
     further, That the Department shall modify and improve its 
     Resource Estimation and Allocation Program model, or other 
     appropriate staff allocation model as specified in the 
     statement of the managers accompanying this Act:  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, $200,000,000.

                   community planning and development

       For necessary salaries and expenses of the Office of 
     Community Planning and Development mission area, 
     $100,000,000.

                                housing

       For necessary salaries and expenses of the Office of 
     Housing, $391,500,000, of which at least $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, $22,211,000.

                   fair housing and equal opportunity

       For necessary salaries and expenses of the Office of Fair 
     Housing and Equal Opportunity, $72,600,000.

            office of healthy homes and lead hazard control

       For necessary salaries and expenses of the Office of 
     Healthy Homes and Lead Hazard Control, $7,400,000.

                    Rental Assistance Demonstration

       To conduct a demonstration designed to preserve and improve 
     public housing and certain other multifamily housing through 
     the voluntary conversion of properties with assistance under 
     section 9 of the United States Housing Act of 1937, 
     (hereinafter, ``the Act''), or the moderate rehabilitation 
     program under section 8(e)(2) of the Act (except for funds 
     allocated under such section for single room occupancy 
     dwellings as authorized by title IV of the McKinney-Vento 
     Homeless Assistance 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 through contracts 
     under section 8(e)(2) of the Act or 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 the initial long-term contract under which 
     converted assistance is made available may allow for rental 
     adjustments only by an operating cost factor established by 
     the Secretary, and shall be subject to the availability of 
     appropriations for each year of such term:  Provided further, 
     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'' or other account from which it was 
     transferred:  Provided further, That not more than 60,000 
     units currently receiving assistance under section 9 or 
     section 8(e)(2) of the Act shall be converted under the 
     authority provided under this heading:  Provided further, 
     That tenants of such properties with assistance converted 
     from assistance under section 9 shall, at a minimum, maintain 
     the same rights under such conversion as those provided under 
     sections 6 and 9 of the Act:  Provided further, That the 
     Secretary shall select properties from applications for 
     conversion as part of this demonstration through a 
     competitive process:  Provided further, That in establishing 
     criteria for such competition, the Secretary shall seek to 
     demonstrate the feasibility of this conversion model to 
     recapitalize and operate public housing properties (1) in 
     different markets and geographic areas, (2) within portfolios 
     managed by public housing agencies of varying sizes, and (3) 
     by leveraging other sources of funding to recapitalize 
     properties:  Provided further, That the Secretary shall 
     provide an opportunity for public comment on draft 
     eligibility and selection criteria and procedures that will 
     apply to the selection of properties that will participate in 
     the demonstration:  Provided further, That the Secretary 
     shall provide an opportunity for comment from residents of 
     properties to be proposed for participation in the 
     demonstration to the owners or public housing agencies 
     responsible for such properties:  Provided further, That 
     the Secretary may waive or specify alternative 
     requirements for (except for requirements related to fair 
     housing, nondiscrimination, labor standards, and the 
     environment) any provision of section 8(o)(13) or any 
     provision that governs the use of assistance from which a 
     property is converted under the demonstration or funds 
     made available under the headings of ``Public Housing 
     Capital Fund'', ``Public Housing Operating Fund'', and 
     ``Project-Based Rental Assistance'', under this Act or any 
     prior Act or any Act enacted during the period of 
     conversion of assistance under the demonstration for 
     properties with assistance converted under the 
     demonstration, upon a finding by the Secretary that any 
     such waivers or alternative requirements are necessary for 
     the effective conversion of assistance under the 
     demonstration:  Provided further, That the Secretary shall 
     publish by notice in the Federal Register any waivers or 
     alternative requirements pursuant to the previous proviso 
     no later than 10 days before the effective date of such 
     notice:  Provided further, That the demonstration may 
     proceed after the Secretary publishes notice of its terms 
     in the Federal Register:  Provided further, That 
     notwithstanding sections 3 and 16 of the Act, the 
     conversion of assistance under the demonstration shall not 
     be the basis for re-screening or termination of assistance 
     or eviction of any tenant family in a property 
     participating in the demonstration, and such a family 
     shall not be considered a new admission for any purpose, 
     including compliance with income targeting requirements:  
     Provided further, That in the case of a property with 
     assistance converted under the demonstration from 
     assistance under section 9 of the Act, section 18 of the 
     Act shall not apply to a property converting assistance 
     under the demonstration for all or substantially all of 
     its units, the Secretary shall require ownership or 
     control of assisted units by a public or nonprofit entity 
     except as determined by the Secretary to be necessary 
     pursuant to foreclosure, bankruptcy, or termination and 
     transfer of assistance for material violations or 
     substantial default, in which case the priority for 
     ownership or control shall be provided to a capable public 
     entity, then a capable entity, as determined by the 
     Secretary, 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, and upon expiration of 
     the initial contract and each renewal contract, the 
     Secretary shall offer and the owner of the property shall 
     accept renewal of the contract subject to the terms and 
     conditions applicable at the time of renewal and the 
     availability of appropriations each year of such renewal:  
     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

[[Page H7466]]

     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:  Provided further, 
     That for fiscal years 2012 and 2013, owners of properties 
     assisted under section 101 of the Housing and Urban 
     Development Act of 1965, section 236(f)(2) of the National 
     Housing Act, or section 8(e)(2) (except for funds 
     allocated under such section for single room occupancy 
     dwellings as authorized by title IV of the McKinney-Vento 
     Homeless Assistance Act) of the United States Housing Act 
     of 1937 for which an event after October 1, 2006 has 
     caused or results in the termination of rental assistance 
     or affordability restrictions and the issuance of tenant 
     protection vouchers under section 8(o) of the Act, shall 
     be eligible, subject to requirements established by the 
     Secretary, including but not limited to tenant 
     consultation procedures and agreement of the administering 
     public housing agency, for conversion of assistance 
     available for such vouchers to assistance under section 
     8(o)(13) of the Act, to which the limitation under 
     subsection (B) of section 8(o)(13) of the Act shall not 
     apply and for which the Secretary of Housing and Urban 
     Development may waive or alter the provisions of 
     subparagraphs (C) and (D) of section 8(o)(13) of the Act:  
     Provided further, That with respect to the previous 
     proviso, the Comptroller General of the United States 
     shall conduct a study of the long-term impact of the 
     previous proviso on the ratio of tenant-based vouchers to 
     project-based vouchers.

                       Public and Indian Housing

                     tenant-based rental assistance

       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, 
     $14,914,369,000, 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 became 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) $17,242,351,000 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 the Secretary shall allocate 
     amounts under the previous proviso based on need as 
     determined by the Secretary;
       (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 may 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) $1,350,000,000 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 
     $1,300,000,000 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) $112,018,000 for the renewal of tenant-based assistance 
     contracts under section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 8013), including necessary 
     administrative expenses;
       (6) $75,000,000 for incremental rental voucher assistance 
     for use through a supported housing program administered in 
     conjunction with the Department of Veterans Affairs as 
     authorized under section 8(o)(19) of the United States 
     Housing Act of 1937:  Provided, That the Secretary of Housing 
     and Urban Development shall make such funding available, 
     notwithstanding section 204 (competition provision) of this 
     title, to public housing agencies that partner with eligible 
     VA Medical Centers or other entities as designated by the 
     Secretary of the Department of Veterans Affairs, based on 
     geographical need for such assistance as identified by the 
     Secretary of the Department of Veterans Affairs, public 
     housing agency administrative performance, and other factors 
     as specified by the Secretary of Housing and Urban 
     Development in consultation with the Secretary of the 
     Department of Veterans Affairs:  Provided further, That the 
     Secretary of Housing and Urban Development may waive, or 
     specify alternative requirements for (in consultation with 
     the Secretary of the Department of Veterans Affairs), any 
     provision of any statute or regulation that the Secretary of 
     Housing and Urban Development administers in connection with 
     the use of funds made available under this paragraph (except 
     for requirements related to fair housing, 
     nondiscrimination, labor standards, and the environment), 
     upon a finding by

[[Page H7467]]

     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; and
       (7) 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 this heading, 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 initiative

       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 use 
     of funds made available under this heading shall not be 
     deemed to be public housing notwithstanding section 3(b)(1) 
     of such Act:  Provided further, That grantees shall commit to 
     an additional period of affordability determined by the 
     Secretary, but not fewer than 20 years:  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 
     September 30, 2016:  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, $2,000,000 shall be contracted for assistance for 
     national or regional organizations representing Native 
     American housing interests for providing training and 
     technical assistance to Indian housing authorities and 
     tribally designated housing entities and $2,000,000 shall be 
     to support the inspection of Indian housing units, contract 
     expertise, training, and technical assistance in the 
     training, oversight, and management of such Indian housing 
     and tenant-based assistance, including up to $200,000 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:  Provided further, That the Department 
     will notify grantees of their formula allocation within 60 
     days of enactment of this Act.

                  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), $6,000,000, 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 $360,000,000:  
     Provided further, That up to $750,000 of this

[[Page H7468]]

     amount may be used 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.), $332,000,000, 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:  Provided further, That the 
     Department shall notify grantees of their formula allocation 
     within 60 days of enactment of this Act.

                       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, $3,308,090,000, to remain 
     available until September 30, 2014, unless otherwise 
     specified:  Provided, That of the total amount provided, not 
     less than $2,948,090,000 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, 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:  Provided further, That none of the funds 
     made available under this heading may be used for grants for 
     the Economic Development Initiative (``EDI'') or Neighborhood 
     Initiatives activities, Rural Innovation Fund, or for grants 
     pursuant to section 107 of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5307):  Provided further, 
     That the Department shall notify grantees of their formula 
     allocation within 60 days of enactment of this Act.
       

         community development loan guarantees program account

       For the cost of guaranteed loans, $5,952,000, to remain 
     available until September 30, 2013, 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 $240,000,000, 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, 2014:  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 
     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:  Provided further, That the Department shall 
     notify grantees of their formula allocation within 60 days 
     of enactment of this Act.

        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, 
     $53,500,000, to remain available until September 30, 2014:  
     Provided, That of the total amount provided under this 
     heading, $13,500,000 shall be made available to the Self-Help 
     and Assisted Homeownership Opportunity Program as authorized 
     under section 11 of the Housing Opportunity Program Extension 
     Act of 1996, as amended:  Provided further, That $35,000,000 
     shall be made available for the second, third and fourth 
     capacity building activities authorized under section 4(a) of 
     the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of 
     which not less than $5,000,000 may be made available for 
     rural capacity-building activities:  Provided further, That 
     $5,000,000 shall be made available for capacity-building 
     activities for national organizations 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 $250,000,000 of the 
     funds appropriated under this heading shall be available for 
     such emergency solutions grants program:  Provided further, 
     That not less than $1,593,000,000 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 $7,000,000 of the funds 
     appropriated under this heading shall be available for the 
     national homeless data analysis project:  Provided further, 
     That all funds awarded for supportive services under the 
     continuum of care program and the rural housing stability 
     assistance program shall be matched by not less than 25 
     percent in cash or in kind by each grantee:  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:  Provided further, That the 
     Department shall notify grantees of their formula 
     allocation from amounts allocated (which may represent 
     initial or final amounts allocated) for the emergency 
     solutions grant program within 60 days of enactment of 
     this Act.

                            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, $8,939,672,000, 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 became available October 1, 2011), 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

[[Page H7469]]

     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 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, 
     $374,627,000 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 
     $25,000,000 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 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 and for 
     project assistance contracts pursuant to section 202(h) of 
     the Housing Act of 1959 (Public Law 86-372; 73 STAT. 667), 
     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, $165,000,000 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, $45,000,000, 
     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 $6,500,000, to remain 
     available until expended, of which $4,000,000 is to be 
     derived from the Manufactured Housing Fees Trust Fund:  
     Provided, That not to exceed the total amount appropriated 
     under this heading shall be available from the general fund 
     of the Treasury to the extent necessary to incur obligations 
     and make expenditures pending the receipt of collections to 
     the Fund pursuant to section 620 of such Act:  Provided 
     further, That the amount made available under this heading 
     from the general fund shall be reduced as such collections 
     are received during fiscal year 2012 so as to result in a 
     final fiscal year 2012 appropriation from the general fund 
     estimated at not more than $2,500,000 and fees pursuant to 
     such section 620 shall be modified as necessary to ensure 
     such a final fiscal year 2012 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, $207,000,000, to remain available until 
     September 30, 2013, of which up to $71,500,000 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 $19,500,000 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 $155,000,000,000 on or before 
     April 1, 2012, 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), but in no case shall funds made available 
     by this proviso exceed $3,000,000:  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.

[[Page H7470]]

                    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, $46,000,000, 
     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:  Provided, That up to $10,000,000 
     of that amount shall be for the Healthy Homes Initiative, 
     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 further, 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 third proviso shall make a 
     matching contribution in an amount not less than 25 
     percent:  Provided further, That each applicant shall 
     certify 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 development of, modifications to, and 
     infrastructure for Department-wide and program-specific 
     information technology systems, for the continuing operation 
     and maintenance of both Department-wide and program-specific 
     information systems, and for program-related maintenance 
     activities, $199,035,000, to remain available until September 
     30, 2013:  Provided, That any amounts transferred to this 
     Fund under this Act shall remain available until expended:  
     Provided further, That any amounts transferred to this Fund 
     from amounts appropriated by previously enacted 
     appropriations Acts may be used for the purposes specified 
     under this Fund, in addition to any other information 
     technology the purposes for which such amounts were 
     appropriated:  Provided further, That not more than 25 
     percent of the funds made available under this heading for 
     Development, Modernization and Enhancement, including 
     development and deployment of a Next Generation of Voucher 
     Management System and development and deployment of 
     modernized Federal Housing Administration systems may be 
     obligated until the Secretary submits to the Committees on 
     Appropriations a plan for expenditure that--(A) identifies 
     for each modernization project: (i) the functional and 
     performance capabilities to be delivered and the mission 
     benefits to be realized, (ii) the estimated life-cycle cost, 
     and (iii) key milestones to be met; (B) demonstrates that 
     each modernization project is: (i) compliant with the 
     department's enterprise architecture, (ii) being managed in 
     accordance with applicable life-cycle management policies and 
     guidance, (iii) subject to the department's capital planning 
     and investment control requirements, and (iv) supported by an 
     adequately staffed project office; and (C) has been reviewed 
     by the Government Accountability Office.

                      Office of Inspector General

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

                       transformation initiative

       For necessary expenses of research, evaluation, and program 
     metrics activities; program demonstrations; and technical 
     assistance and capacity building, $50,000,000 to remain 
     available until September 30, 2014:  Provided, That with 
     respect to amounts made available under this heading for 
     research, evaluation and program metrics or program 
     demonstrations, the Secretary may make grants or enter into 
     cooperative agreements if such grants or agreements include a 
     substantial match contribution, notwithstanding section 204 
     of this title.

    General Provisions--Department of Housing and Urban Development


              (Including Rescission and Transfer of Funds)

       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

[[Page H7471]]

     of cases of AIDS reported in the portion of the metropolitan 
     area or division that is located in Bergen County and Passaic 
     County, New Jersey, and adjusting for the proportion of the 
     metropolitan division's high incidence bonus if this area in 
     New Jersey also has a higher than average per capita 
     incidence of AIDS. The recipient cities shall use amounts 
     allocated under this subsection to carry out eligible 
     activities under section 855 of the AIDS Housing Opportunity 
     Act (42 U.S.C. 12904) in their respective portions of the 
     metropolitan division that is located in New Jersey.
       (d) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2012 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas 
     with a higher than average per capita incidence of AIDS, 
     shall be adjusted by the Secretary on the basis of area 
     incidence reported over a 3-year period.
       Sec. 204.  Except as explicitly provided in law, any grant, 
     cooperative agreement or other assistance made pursuant to 
     title II of this Act shall be made on a competitive basis and 
     in accordance with section 102 of the Department of Housing 
     and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
       Sec. 205.  Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     the Federal National Mortgage Association, Government 
     National Mortgage Association, Federal Home Loan Mortgage 
     Corporation, Federal Financing Bank, Federal Reserve banks or 
     any member thereof, Federal Home Loan banks, and any insured 
     bank within the meaning of the Federal Deposit Insurance 
     Corporation Act, as amended (12 U.S.C. 1811-1).
       Sec. 206.  Unless otherwise provided for in this Act or 
     through a reprogramming of funds, no part of any 
     appropriation for the Department of Housing and Urban 
     Development shall be available for any program, project or 
     activity in excess of amounts set forth in the budget 
     estimates submitted to Congress.
       Sec. 207.  Corporations and agencies of the Department of 
     Housing and Urban Development which are subject to the 
     Government Corporation Control Act are hereby authorized to 
     make such expenditures, within the limits of funds and 
     borrowing authority available to each such corporation or 
     agency and in accordance with law, and to make such contracts 
     and commitments without regard to fiscal year limitations as 
     provided by section 104 of such Act as may be necessary in 
     carrying out the programs set forth in the budget for 2012 
     for such corporation or agency except as hereinafter 
     provided:  Provided, That collections of these corporations 
     and agencies may be used for new loan or mortgage purchase 
     commitments only to the extent expressly provided for in this 
     Act (unless such loans are in support of other forms of 
     assistance provided for in this or prior appropriations 
     Acts), except that this proviso shall not apply to the 
     mortgage insurance or guaranty operations of these 
     corporations, or where loans or mortgage purchases are 
     necessary to protect the financial interest of the United 
     States Government.
       Sec. 208.  The Secretary of Housing and Urban Development 
     shall provide quarterly reports to the House and Senate 
     Committees on Appropriations regarding all uncommitted, 
     unobligated, recaptured and excess funds in each program and 
     activity within the jurisdiction of the Department and shall 
     submit additional, updated budget information to these 
     Committees upon request.
       Sec. 209. (a) Notwithstanding any other provision of law, 
     the amount allocated for fiscal year 2012 under section 
     854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
     12903(c)), to the city of Wilmington, Delaware, on behalf of 
     the Wilmington, Delaware-Maryland-New Jersey Metropolitan 
     Division (hereafter ``metropolitan division''), shall be 
     adjusted by the Secretary of Housing and Urban Development by 
     allocating to the State of New Jersey the proportion of the 
     metropolitan division's amount that is based on the number of 
     cases of AIDS reported in the portion of the metropolitan 
     division that is located in New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS. The State of New Jersey 
     shall use amounts allocated to the State under this 
     subsection to carry out eligible activities under section 855 
     of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
     portion of the metropolitan division that is located in New 
     Jersey.
       (b) Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development shall allocate to 
     Wake County, North Carolina, the amounts that otherwise would 
     be allocated for fiscal year 2012 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the city 
     of Raleigh, North Carolina, on behalf of the Raleigh-Cary 
     North Carolina Metropolitan Statistical Area. Any amounts 
     allocated to Wake County shall be used to carry out eligible 
     activities under section 855 of such Act (42 U.S.C. 12904) 
     within such metropolitan statistical area.
       (c) Notwithstanding section 854(c) of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12903(c)), the Secretary of 
     Housing and Urban Development may adjust the allocation of 
     the amounts that otherwise would be allocated for fiscal year 
     2012 under section 854(c) of such Act, upon the written 
     request of an applicant, in conjunction with the State(s), 
     for a formula allocation on behalf of a metropolitan 
     statistical area, to designate the State or States in which 
     the metropolitan statistical area is located as the eligible 
     grantee(s) of the allocation. In the case that a metropolitan 
     statistical area involves more than one State, such amounts 
     allocated to each State shall be in proportion to the 
     number of cases of AIDS reported in the portion of the 
     metropolitan statistical area located in that State. Any 
     amounts allocated to a State under this section shall be 
     used to carry out eligible activities within the portion 
     of the metropolitan statistical area located in that 
     State.
       Sec. 210.  The President's formal budget request for fiscal 
     year 2013, as well as the Department of Housing and Urban 
     Development's congressional budget justifications to be 
     submitted to the Committees on Appropriations of the House of 
     Representatives and the Senate, shall use the identical 
     account and sub-account structure provided under this Act.
       Sec. 211.  A public housing agency or such other entity 
     that administers Federal housing assistance for the Housing 
     Authority of the county of Los Angeles, California, the 
     States of Alaska, Iowa, and Mississippi shall not be required 
     to include a resident of public housing or a recipient of 
     assistance provided under section 8 of the United States 
     Housing Act of 1937 on the board of directors or a similar 
     governing board of such agency or entity as required under 
     section (2)(b) of such Act. Each public housing agency or 
     other entity that administers Federal housing assistance 
     under section 8 for the Housing Authority of the county of 
     Los Angeles, California and the States of Alaska, Iowa and 
     Mississippi that chooses not to include a resident of public 
     housing or a recipient of section 8 assistance on the board 
     of directors or a similar governing board shall establish an 
     advisory board of not less than six residents of public 
     housing or recipients of section 8 assistance to provide 
     advice and comment to the public housing agency or other 
     administering entity on issues related to public housing and 
     section 8. Such advisory board shall meet not less than 
     quarterly.
       Sec. 212. (a) Notwithstanding any other provision of law, 
     subject to the conditions listed in subsection (b), for 
     fiscal years 2012 and 2013, the Secretary of Housing and 
     Urban Development may authorize the transfer of some or all 
     project-based assistance, debt and statutorily required low-
     income and very low-income use restrictions, associated with 
     one or more multifamily housing project to another 
     multifamily housing project or projects.
       (b) Phased Transfers.--Transfers of project-based 
     assistance under this section may be done in phases to 
     accommodate the financing and other requirements related to 
     rehabilitating or constructing the project or projects to 
     which the assistance is transferred, to ensure that such 
     project or projects meet the standards under section (c).
       (c) The transfer authorized in subsection (a) is subject to 
     the following conditions:
       (1) Number and bedroom size of units.--
       (A) For occupied units in the transferring project: the 
     number of low-income and very low-income units and the 
     configuration (i.e. bedroom size) provided by the 
     transferring project shall be no less than when transferred 
     to the receiving project or projects and the net dollar 
     amount of Federal assistance provided by the transferring 
     project shall remain the same in the receiving project or 
     projects.
       (B) For unoccupied units in the transferring project: the 
     Secretary may authorize a reduction in the number of dwelling 
     units in the receiving project or projects to allow for a 
     reconfiguration of bedroom sizes to meet current market 
     demands, as determined by the Secretary and provided there is 
     no increase in the project-based section 8 budget authority.
       (2) The transferring project shall, as determined by the 
     Secretary, be either physically obsolete or economically 
     nonviable.
       (3) The receiving project or projects shall meet or exceed 
     applicable physical standards established by the Secretary.
       (4) The owner or mortgagor of the transferring project 
     shall notify and consult with the tenants residing in the 
     transferring project and provide a certification of approval 
     by all appropriate local governmental officials.
       (5) The tenants of the transferring project who remain 
     eligible for assistance to be provided by the receiving 
     project or projects shall not be required to vacate their 
     units in the transferring project or projects until new units 
     in the receiving project are available for occupancy.
       (6) The Secretary determines that this transfer is in the 
     best interest of the tenants.
       (7) If either the transferring project or the receiving 
     project or projects meets the condition specified in 
     subsection (d)(2)(A), any lien on the receiving project 
     resulting from additional financing obtained by the owner 
     shall be subordinate to any FHA-insured mortgage lien 
     transferred to, or placed on, such project by the Secretary, 
     except that the Secretary may waive this requirement upon 
     determination that such a waiver is necessary to facilitate 
     the financing of acquisition, construction, and/or 
     rehabilitation of the receiving project or projects.
       (8) If the transferring project meets the requirements of 
     subsection (c)(2)(E), the owner or mortgagor of the receiving 
     project or projects shall execute and record either a 
     continuation of the existing use agreement or a new use 
     agreement for the project where, in either case, any use 
     restrictions in such agreement are of no lesser duration than 
     the existing use restrictions.
       (d) For purposes of this section--
       (1) the terms ``low-income'' and ``very low-income'' shall 
     have the meanings provided by the statute and/or regulations 
     governing the program under which the project is insured or 
     assisted;
       (2) the term ``multifamily housing project'' means housing 
     that meets one of the following conditions--
       (A) housing that is subject to a mortgage insured under the 
     National Housing Act;

[[Page H7472]]

       (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 and any 
     other required fees and charges) 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 2012, in managing and disposing of any 
     multifamily property that is owned or has a mortgage held by 
     the Secretary of Housing and Urban Development, and during 
     the process of foreclosure on any property with a contract 
     for rental assistance payments under section 8 of the United 
     States Housing Act of 1937 or other Federal programs, the 
     Secretary shall maintain any rental assistance payments under 
     section 8 of the United States Housing Act of 1937 and other 
     programs that are attached to any dwelling units in the 
     property. To the extent the Secretary determines, in 
     consultation with the tenants and the local government, that 
     such a multifamily property owned or held by the Secretary is 
     not feasible for continued rental assistance payments under 
     such section 8 or other programs, based on consideration of 
     (1) the costs of rehabilitating and operating the property 
     and all available Federal, State, and local resources, 
     including rent adjustments under section 524 of the 
     Multifamily Assisted Housing Reform and Affordability Act of 
     1997 (``MAHRAA'') and (2) environmental conditions that 
     cannot be remedied in a cost-effective fashion, the Secretary 
     may, in consultation with the tenants of that property, 
     contract for project-based rental assistance payments with an 
     owner or owners of other existing housing properties, or 
     provide other rental assistance. The Secretary shall also 
     take appropriate steps to ensure that project-based contracts 
     remain in effect prior to foreclosure, subject to the 
     exercise of contractual abatement remedies to assist 
     relocation of tenants for imminent major threats to health 
     and safety after written notice to and informed consent of 
     the affected tenants and use of other available remedies, 
     such as partial abatements or receivership. After disposition 
     of any multifamily property described under this section, the 
     contract and allowable rent levels on such properties shall 
     be subject to the requirements under section 524 of MAHRAA.
       Sec. 218.  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. 219.  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. 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.  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 non-entitlement communities in the 
     State in accordance with the requirements of section 108 of 
     the Housing and Community Development Act of 1974:  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 non-entitlement areas that 
     received the commitment.
       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

[[Page H7473]]

     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.  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 appropriated 
     for any office funded under the heading ``Administration, 
     Operations, and Management'' to any other office funded under 
     such heading:  Provided, That no appropriation for any office 
     funded under the heading ``Administration, Operations, and 
     Management'' 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:  Provided further, That the Secretary is 
     authorized to transfer up to 5 percent or $5,000,000, 
     whichever is less, of the funds appropriated for any account 
     funded under the general heading ``Program Office Salaries 
     and Expenses'' to any other account funded under such 
     heading:  Provided further, That no appropriation for any 
     account funded under the general heading ``Program Office 
     Salaries and Expenses'' 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:  Provided further, That the 
     Secretary may transfer funds made available for salaries 
     and expenses between any office funded under the heading 
     ``Administration, Operations and Management'' and any 
     account funded under the general heading ``Program Office 
     Salaries and Expenses'', but only with the prior written 
     approval of the House and Senate Committees on 
     Appropriations.
       Sec. 230.  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. 231.  The Comptroller General of the United States 
     shall carry out a study of the effectiveness of the block 
     grant programs administered by the Office of Community 
     Planning and Development of the Department of Housing and 
     Urban Development, including an examination of best practices 
     utilized by program grantees and performance metrics utilized 
     by the Department. Not later than 180 days of enactment of 
     this Act, the Comptroller General shall submit a report to 
     the Congress describing its findings, including such best 
     practices and performance metrics.
       Sec. 232.  The Secretary shall take actions necessary to 
     improve data quality, data management, and grantee oversight 
     and accountability with respect to programs and activities 
     administered by the Office of Community Planning and 
     Development. The Secretary shall address the problems 
     identified by the Inspector General of the Department in 
     audits and audit reports since 2006, including ongoing 
     audits, with respect to such programs and activities. Not 
     later than 120 days after enactment of this Act, the 
     Secretary shall submit a report to the Congress on progress 
     achieved by the Department with respect to addressing such 
     problems and identifying further improvements that can be 
     made (including improvements relating to information 
     technology) and proposed actions and timelines to carry out 
     such improvements.
       Sec. 233.  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. 234. (a) None of the funds made available by this Act 
     for purposes authorized under section 8 (only with respect to 
     the tenant-based rental assistance program) and section 9 of 
     the United States Housing Act of 1937 (42 U.S.C. 1437 et 
     seq.) may be used by any public housing agency for any amount 
     of salary, for the chief executive officer of which, or any 
     other official or employee of which, that exceeds the annual 
     rate of basic pay payable for a position at level IV of the 
     Executive Schedule at any time during any public housing 
     agency fiscal year 2012.
       (b) Subsection (a) shall take effect 120 days after the 
     date of enactment of this Act.
       Sec. 235.  Title II of division I of Public Law 108-447 and 
     title III of Public Law 109-115 are each amended by striking 
     the item related to ``Flexible Subsidy Fund''.
       Sec. 236.  Of the unobligated balances remaining from funds 
     appropriated under the heading ``Tenant-Based Rental 
     Assistance'' under the ``Full-Year Continuing Appropriations 
     Act, 2011'', $650,000,000 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.
       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''.
       Sec. 238.  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).
       Sec. 239.  Of the funds made available for the `Department 
     of Housing and Urban Development, Community Planning and 
     Development, Community Development Fund', up to $300,000,000, 
     to remain available until expended, shall be for necessary 
     expenses for activities authorized under title I of the 
     Housing and Community Development Act of 1974 (Public Law 93-
     383) related to disaster relief, long-term recovery, 
     restoration of infrastructure and housing, and economic 
     revitalization in the most impacted and distressed areas 
     resulting from a major disaster declared pursuant to the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) in 2011:  Provided, 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 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 be considered relevant to the non-disaster 
     formula allocations 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: Provided further, That an 
     additional $100,000,000 shall be available for the same 
     purposes and terms described in this section and shall be 
     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.
       This title may be cited as the ``Department of Housing and 
     Urban Development Appropriations Act, 2012''.

                               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. 307), 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:  Provided, That not to exceed $2,000 shall be 
     available for official reception and representation expenses.

[[Page H7474]]

  National Railroad Passenger Corporation 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, $20,500,000:  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), 
     $102,400,000, 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), $135,300,000, of which $5,000,000 
     shall be for a multi-family rental housing program:  
     Provided, That in addition, $80,000,000 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 5 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, 
     $3,300,000. Section 209 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11319) is amended by striking all 
     that follows ``on'' and inserting ``October 1, 2015''.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

       Sec. 401.  Such sums as may be necessary for fiscal year 
     2012 pay raises for programs funded in this Act shall be 
     absorbed within the levels appropriated in this Act or 
     previous appropriations Acts.
       Sec. 402.  None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 403.  None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 404.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 405.  Except as otherwise provided in this Act, none 
     of the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2012, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that:
       (1) creates a new program;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel for any program, project, 
     or activity for which funds have been denied or restricted by 
     the Congress;
       (4) proposes to use funds directed for a specific activity 
     by either the House or Senate Committees on Appropriations 
     for a different purpose;
       (5) augments existing programs, projects, or activities in 
     excess of $5,000,000 or 10 percent, whichever is less;
       (6) reduces existing programs, projects, or activities by 
     $5,000,000 or 10 percent, whichever is less; or
       (7) creates, reorganizes, or restructures a branch, 
     division, office, bureau, board, commission, agency, 
     administration, or department different from the budget 
     justifications submitted to the Committees on Appropriations 
     or the table accompanying the explanatory statement 
     accompanying this Act, whichever is more detailed, unless 
     prior approval is received from the House and Senate 
     Committees on Appropriations:  Provided, That not later than 
     60 days after the date of enactment of this Act, each agency 
     funded by this Act shall submit a report to the Committees on 
     Appropriations of the Senate and of the House of 
     Representatives to establish the baseline for application of 
     reprogramming and transfer authorities for the current fiscal 
     year:  Provided further, That the report shall include:

[[Page H7475]]

       (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 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. 416.  All agencies and departments funded by 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.
       This division may be cited as the ``Transportation, Housing 
     and Urban Development, and Related Agencies Appropriations 
     Act, 2012''.

          DIVISION D--FURTHER CONTINUING APPROPRIATIONS, 2012

       Sec. 101.  The Continuing Appropriations Act, 2012 (Public 
     Law 112-36) is amended by striking the date specified in 
     section 106(3) and inserting ``December 16, 2011''.
       And the Senate agree to the same.
       That the House recede from its disagreement to the 
     amendment of the Senate to the title of the bill and agree to 
     the same.
     Harold Rogers,
     C.W. Bill Young,
     Jerry Lewis,
     Frank R. Wolf,
     Jack Kingston,
     Tom Latham,
     Robert B. Aderholt,
     Jo Ann Emerson,
     John Abney Culberson,
     John R. Carter,
     Jo Bonner,
     Steven C. LaTourette,
     Norman D. Dicks,
     Rosa L. DeLauro,
     John W. Olver,
     Ed Pastor,
     David E. Price,
     Sam Farr,
     Chaka Fattah,
     Adam B. Schiff,
                                Managers on the Part of the House.

     Herb Kohl,
     Tom Harkin,
     Dianne Feinstein,
     Tim Johnson,
     Ben Nelson,
     Mark L. Pryor,
     Sherrod Brown,
     Daniel K. Inouye,
     Patty Murray,
     Barbara A. Mikulski,
     Roy Blunt,
     Thad Cochran,
     Mitch McConnell,
     Susan M. Collins,
     Jerry Moran,
     John Hoeven,
     Kay Bailey Hutchison,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendments of the Senate to the 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, submit the following joint statement to the House 
     and Senate in explanation of the effect of the action agreed 
     upon by the managers and recommended in the accompanying 
     conference report.
       This conference agreement includes the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2012; the Commerce, Justice, 
     Science, and Related Agencies Appropriations Act, 2012; and 
     the Transportation, Housing and Urban Development, and 
     Related Agencies Appropriations Act, 2012. The agreement also 
     includes further continuing appropriations for fiscal year 
     2012.
       The conference agreement does not contain any congressional 
     earmarks, limited tax benefits, or limited tariff benefits as 
     defined by clause 9 of rule XXI of the Rules of the House of 
     Representatives.
       The conferees concur with the Senate amendment to the title 
     of the bill.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
     ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012

                        CONGRESSIONAL DIRECTIVES

       The statement of the managers remains silent on provisions 
     that were in both the House Report (H.Rpt. 112-101) and 
     Senate Report (S.Rpt. 112-73) that remain unchanged by this 
     conference agreement, except as noted in this statement of 
     the managers.
       The conferees agree that executive branch wishes cannot 
     substitute for Congress' own statements as to the best 
     evidence of congressional intentions, which are the official 
     reports of the Congress. The conferees further point out that 
     funds in this Act must be used for the purposes for which 
     appropriated, as required by section 1301 of title 31 of the 
     United States Code, which provides: ``Appropriations shall be 
     applied only to the objects for which the appropriations were 
     made except as otherwise provided by law.''
       The House and Senate report language that is not changed by 
     the conference is approved by the committee of conference. 
     The statement of the managers, while repeating some report 
     language for emphasis, does not intend to negate the language 
     referred to above unless expressly provided herein.
       In cases in which the House or the Senate have directed the 
     submission of a report, such report is to be submitted to 
     both the House and Senate Committees on Appropriations.

                     TITLE I--AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary

       The conference agreement provides $4,550,000 for the Office 
     of the Secretary instead of $4,293,000 as proposed by the 
     House and $4,798,000 as proposed by the Senate.

[[Page H7476]]

       The conferees appreciate the detailed information provided 
     in the Explanatory Notes and rely on this information when 
     considering budget proposals. As budgetary constraints 
     continue to apply downward pressure on agency resources, it 
     will become increasingly necessary to have budgetary 
     information of the Department in a manner that provides a 
     more complete understanding of all activities occurring 
     within the account totals. For that reason, the conferees 
     direct the Secretary, beginning with presentation of the 
     fiscal year 2013 budget, to provide additional information of 
     Departmental activities measured against a baseline of actual 
     spending for the previous three fiscal years rather than a 
     description only of specific changes from the previous fiscal 
     year with the ultimate goal, over time, of providing to the 
     Committees on Appropriations budgetary estimates as measured 
     against a zero base. The conferees further direct the 
     Department to include an errata sheet in the Explanatory 
     Notes of any proposed budget authority levels that do not 
     conform to the budget appendix. The Explanatory Notes should 
     be assembled with the accounts in the same order as the 
     accounts in the bill unless otherwise approved in advance by 
     the Committees on Appropriations of both Houses of Congress.
       The Secretary is directed to provide to the Committees on 
     Appropriations of the House and Senate a report describing 
     plans to implement reductions to salaries and expenses 
     accounts included in this Act.
       The conferees direct the Secretary to submit the conference 
     transparency report required by section 14208 of Public Law 
     110-246 to the Committees on Appropriations of the House and 
     Senate and the Office of Inspector General. In addition, the 
     conferees direct the Secretary to begin submitting this 
     report, and making it publicly available, on a quarterly 
     basis instead of annually. The report shall include the cost 
     of any food or beverages, the cost of any audio-visual 
     services, and a description of the contracting procedures on 
     whether the contracts were awarded on a competitive basis for 
     that conference.

                       Office of Tribal Relations

       The conference agreement provides $448,000 for the Office 
     of Tribal Relations instead of $423,000 as proposed by the 
     House and $473,000 as proposed by the Senate.

                   Healthy Food Financing Initiative

       The conference agreement does not include an appropriation 
     for the Healthy Food Financing Initiative (HFFI). The 
     conferees direct the Department to carefully weigh the 
     benefits between those known results from the expenditure of 
     funds on proven programs in the Rural Development and 
     Marketing and Regulatory Programs mission areas against the 
     unknown results of expenditures on the HFFI. While the HFFI 
     has the laudable goal of ensuring that more people have 
     access to nutritious foods, the initiative has yet to prove 
     that any expenditures made for this initiative have been 
     effective in meeting this goal. The conferees remind the 
     Department that any funding for the HFFI is subject to the 
     reprogramming requirements in this Act, and prior to any 
     reprogramming request; the conferees direct the Department to 
     submit to the Committees on Appropriations of both Houses of 
     Congress a system of metrics to measure the effectiveness and 
     expected results for this initiative. The conferees expect 
     that the Office of Chief Economist will play a key role in 
     the development of such metrics.

                          Executive Operations


                     OFFICE OF THE CHIEF ECONOMIST

       The conference agreement provides $11,177,000 for the 
     Office of the Chief Economist instead of $10,707,000 as 
     proposed by the House and $11,408,000 as proposed by the 
     Senate.


                       NATIONAL APPEALS DIVISION

       The conference agreement provides $12,841,000 for the 
     National Appeals Division instead of $12,091,000 as proposed 
     by the House and $13,514,000 as proposed by the Senate.


                 OFFICE OF BUDGET AND PROGRAM ANALYSIS

       The conference agreement provides $8,946,000 for the Office 
     of Budget and Program Analysis as proposed by the Senate 
     instead of $8,004,000 as proposed by the House.


         OFFICE OF HOMELAND SECURITY AND EMERGENCY COORDINATION

       The conference agreement provides $1,321,000 for the Office 
     of Homeland Security and Emergency Coordination instead of 
     $1,272,000 as proposed by the House and $1,421,000 as 
     proposed by the Senate.


                    OFFICE OF ADVOCACY AND OUTREACH

       The conference agreement provides $1,209,000 for the Office 
     of Advocacy and Outreach as proposed by the House instead of 
     $1,351,000 as proposed by the Senate.


                OFFICE OF THE CHIEF INFORMATION OFFICER

       The conference agreement provides $44,031,000 for the 
     Office of the Chief Information Officer instead of 
     $34,000,000 as proposed by the House and $36,031,000 as 
     proposed by the Senate.
       The conference agreement includes $28,000,000 to support 
     cybersecurity requirements of the Department.


                 OFFICE OF THE CHIEF FINANCIAL OFFICER

       The conference agreement provides $5,650,000 for the Office 
     of the Chief Financial Officer instead of $5,310,000 as 
     proposed by the House and $5,935,000 as proposed by the 
     Senate.

           Office of The Assistant Secretary for Civil Rights

       The conference agreement provides $848,000 for the Office 
     of the Assistant Secretary for Civil Rights as proposed by 
     the Senate instead of $760,000 as proposed by the House.

                         Office of Civil Rights

       The conference agreement provides $21,000,000 for the 
     Office of Civil Rights instead of $19,288,000 as proposed by 
     the House and $21,558,000 as proposed by the Senate.

          Office of the Assistant Secretary for Administration

       The conference agreement provides $764,000 for the Office 
     of the Assistant Secretary for Administration as proposed by 
     the Senate instead of $683,000 as proposed by the House.

        Agriculture Buildings and Facilities and Rental Payments


                     (including transfers of funds)

       The conference agreement provides $230,416,000 for 
     Agriculture Buildings and Facilities and Rental Payments as 
     proposed by the Senate instead of $221,585,000 as proposed by 
     the House. The conference agreement includes $164,470,000 for 
     rental payments, $13,800,000 for Department of Homeland 
     Security building security and $52,146,000 for building 
     operations and maintenance.

                     Hazardous Materials Management


                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $3,592,000 for Hazardous 
     Materials Management instead of $3,393,000 as proposed by the 
     House and $3,792,000 as proposed by the Senate.

                      Departmental Administration


                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $24,165,000 for 
     Departmental Administration instead of $16,510,000 as 
     proposed by the House and $28,165,000 as proposed by the 
     Senate.
       The conferees recognize the special management challenges 
     facing the Department in view of serious constraints in 
     fiscal resources, the requirements of a vastly dispersed 
     workforce, and expectations of the public for continuity of 
     vital services. It is clear that recent reductions in 
     discretionary spending and the likely continuation of austere 
     measures in the near term present significant difficulties to 
     those charged with program execution. The conferees fully 
     recognize the need, and expect the Department to achieve the 
     most efficient methods possible to maintain the 
     responsibilities of governance for the benefit of both the 
     customers of USDA and the personnel charged with carrying out 
     the missions of the Department.
       The conferees expect that any substantive changes to the 
     functions and organization of USDA follow a thoughtful 
     analysis of implications for budgetary resources, services to 
     customers and employees, and inherent dynamics within the 
     Department that might result. Toward that objective, before 
     moving forward with the implementation of any substantive 
     reorganization, the Department is instructed to conduct a 
     detailed analysis of the savings, efficiencies, timeline, and 
     implications of these changes. In addition, an understanding 
     of the methodology used for determining these factors and 
     some form of demonstration of the results anticipated is 
     required. Any timetable for implementation of the changes 
     suggested obviously will be driven by the fiscal resources 
     available and it may be prudent to give consideration to a 
     tiered implementation as conditions dictate rather than a 
     full scale departmental shift that would be far more complex 
     and potentially expensive. The Secretary is instructed to 
     provide a report, consistent with the guidance outlined 
     above, to the Committees on Appropriations of both Houses of 
     Congress not less than 60 days prior to the implementation of 
     any departmental reorganization. The Secretary is further 
     reminded of the reprogramming instructions set forth 
     elsewhere in this Act for the purpose of any implementation 
     stage of a proposed reorganization.

     Office of the Assistant Secretary for Congressional Relations


                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $3,576,000 for the Office 
     of the Assistant Secretary for Congressional Relations 
     instead of $3,289,000 as proposed by the House and $3,676,000 
     as proposed by the Senate.

                        Office of Communications

       The conference agreement provides $8,065,000 for the Office 
     of Communications instead of $8,058,000 as proposed by the 
     House and $8,105,000 as proposed by the Senate.

                      Office of Inspector General

       The conference agreement provides $85,621,000 for the 
     Office of Inspector General instead of $80,000,000 as 
     proposed by the House and $84,121,000 as proposed by the 
     Senate.

                     Office of the General Counsel

       The conference agreement provides $39,345,000 for the 
     Office of the General Counsel as proposed by the Senate 
     instead of $35,204,000 as proposed by the House.

  Office of the Under Secretary for Research, Education and Economics

       The conference agreement provides $848,000 for the Office 
     of the Under Secretary for Research, Education and Economics 
     as proposed by the Senate instead of $760,000 as proposed by 
     the House.
       The conferees recognize the broad responsibilities in 
     agricultural research, education,

[[Page H7477]]

     extension and economics that Congress has given to the 
     Department. Given the current budget constraints and the need 
     for continued investment in agricultural research to ensure 
     productivity growth, the conferees expect USDA to fund only 
     the highest priority agricultural research, as authorized by 
     Congress.

                       Economic Research Service

       The conference agreement provides $77,723,000 for the 
     Economic Research Service as proposed by the Senate instead 
     of $70,000,000 as proposed by the House. This includes 
     continued funding for the Organic Production and Market Data 
     Initiative.

                National Agricultural Statistics Service

       The conference agreement provides $158,616,000 for the 
     National Agricultural Statistics Service instead of 
     $149,500,000 as proposed by the House and $152,616,000 as 
     proposed by the Senate. This includes $41,639,000 for the 
     Census of Agriculture.
       On October 4, 2011, the National Agricultural Statistics 
     Service announced it was eliminating or reducing the 
     frequency of 14 reports. While it is imperative for all of 
     USDA's agencies and offices to prepare to address potential 
     reductions in funding, the conferees are concerned that the 
     agency made this announcement before a final appropriation 
     was determined. The conferees direct NASS to reconsider its 
     decision to eliminate or reduce the frequency of these 
     reports and to reinstate as many reports as possible. As the 
     agency considers which to reinstate, the conferees direct the 
     agency to prioritize the reports that do not have similar 
     information captured by other NASS surveys and reports or 
     would be otherwise infrequently published. The conferees 
     remind the agency that reducing or eliminating any survey or 
     report is further subject to the reprogramming requirements 
     in this Act.

                     Agricultural Research Service


                         SALARIES AND EXPENSES

       The conference agreement provides $1,094,647,000 for the 
     Agricultural Research Service, Salaries and Expenses, as 
     proposed by the Senate instead of $995,345,000 as proposed by 
     the House.
       The conferees do not concur with the President's budget 
     request regarding the termination of extramural research.
       The conferees concur with the proposal to close twelve 
     research laboratories at ten locations, as specified in the 
     President's budget request, and direct the agency to provide 
     a report to the Committees on Appropriations of the House and 
     the Senate on the disposition of these facilities by January 
     20, 2012. The conferees further direct, in concurrence with 
     the budget proposal, that no other research facilities be 
     closed during fiscal year 2012, except in accordance with the 
     reprogramming requirements in this Act.
       The conferees are concerned about recent outbreaks of 
     bacterial spot disease in peppers and tomatoes in Midwestern 
     states. The conferees encourage ARS to continue to work with 
     collaborators on research to combat the disease and minimize 
     economic loss to producers. ARS is directed to provide the 
     Committees on Appropriations of the House and the Senate with 
     a report on the status of bacterial spot disease and ongoing 
     research efforts.

               National Institute of Food and Agriculture


                   RESEARCH AND EDUCATION ACTIVITIES

       The conference agreement provides $705,599,000 for the 
     National Institute of Food and Agriculture's research and 
     education activities instead of $596,400,000 as proposed by 
     the House and $709,825,000 as proposed by the Senate.
       The conferees express their strong support for USDA's 
     agricultural research, extension and education activities. 
     USDA and other notable philanthropic and scientific 
     organizations have highlighted the need for the United States 
     to invest in agricultural research to ensure productivity 
     growth and to develop and refine sound natural resources 
     management practices for U.S. farmers and ranchers and others 
     around the world. However, the conferees are aware of 
     concerns about the focus of USDA's research programs, 
     particularly projects funded through the Agriculture and Food 
     Research Initiative. The conferees strongly encourage USDA to 
     fund only the highest priority agricultural research, as 
     authorized by Congress.
       The conference agreement provides $9,000,000 for Graduate 
     Fellowship Grants, Institution Challenge Grants, and the 
     Multicultural Scholars Program, to remain available until 
     expended.
       The conferees request that the Department make 
     recommendations regarding the consolidation of funding lines 
     in the National Institute of Food and Agriculture's accounts 
     in the President's budget for fiscal year 2013 and to work 
     with interested individuals and organizations, including the 
     House Committee on Agriculture and the Senate Committee on 
     Agriculture, Nutrition, and Forestry, on this issue.
       The following table reflects the amounts provided by the 
     conference agreement:


   National Institute of Food and Agriculture Research and Education 
                               Activities

                         [Dollars in Thousands]

Hatch Act......................................................$236,334
McIntire-Stennis Cooperative Forestry............................32,934
Evans-Allen Program..............................................50,898
Animal Health and Disease Research................................4,000
Special Research Grants:
  Global Change/UV Monitoring.....................................1,300
  Potato Research.................................................1,350
  Forest Products Research........................................1,350
                                                             __________
                                                             
    Total, Special Research Grants................................4,000
Improved Pest Control:
  Expert IPM Decision Support System................................153
  Integrated Pest Management......................................2,362
  Minor Crop Pest Management (IR-4)..............................11,913
  Pest Management Alternatives....................................1,402
                                                             __________
                                                             
    Total, Improved Pest Control.................................15,830
Agriculture and Food Research Initiative........................264,470
Critical Agricultural Materials Act...............................1,081
Aquaculture Centers...............................................3,920
Sustainable Agriculture Research and Education...................14,471
Payments to the 1994 Institutions.................................3,335
Supplemental and Alternative Crops..................................825
Joe Skeen Institute for Rangeland Research..........................961
Competitive Grants for Policy Research............................4,000
Capacity Building for Non Land-Grant Colleges.....................4,500
Farm Business Management and Benchmarking Program.................1,450
Sun Grant Program.................................................2,200
Capacity Building for 1890 Institutions..........................19,336
Multicultural Scholars, Graduate Fellowship and Institution 
  Challenge Grants................................................9,000
Hispanic-Serving Institutions Education Grants....................9,219
1994 Institutions Research Program................................1,801
Secondary and 2-year Post-Secondary Program.........................900
Veterinary Medicine Loan Repayment Program........................4,790
Alaska Native and Native Hawaiian-Serving Institutions............3,194
Resident Instruction Grants for Insular Areas.......................900
Distance Education Grants for Insular Areas.........................750
Federal Administration:
  Data Information System (REEIS).................................2,600
  Electronic Grants Administration System.........................2,000
  Other, Federal Administration...................................5,900
                                                             __________
                                                             
    Total, Federal Administration................................10,500
      Total, Research and Education Activities.................$705,599
                                                               ==========
_______________________________________________________________________



              NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

       The conference agreement provides $11,880,000 for the 
     Native American Institutions Endowment Fund as proposed by 
     the House and the Senate.


                          EXTENSION ACTIVITIES

       The conference agreement provides $475,183,000 for 
     extension activities instead of $411,200,000 as proposed by 
     the House and $478,179,000 as proposed by the Senate.
       The conference agreement provides $4,610,000 for Farm 
     Safety and Youth Farm Safety Education and Certification 
     Programs.
       The following table reflects the amounts provided by the 
     conference agreement:


    National Institute of Food and Agriculture Extension Activities

                         [Dollars in Thousands]

Smith-Lever, Section 3(b) and (c) Programs.....................$294,000
Smith-Lever, Section 3(d) Programs:
  Food and Nutrition Education...................................67,934
  Farm Safety and Youth Farm Safety Education Program.............4,610
  New Technologies for Agricultural Extension.....................1,550
  Pest Management.................................................9,918
  Children, Youth and Families at Risk............................7,600
  Federally Recognized Tribal Extension Program...................3,039
  Sustainable Agriculture Programs................................4,696
                                                             __________
                                                             
    Total, Section 3(d)..........................................99,347
Cooperative Extension at 1890 Institutions.......................42,592
Rural Health and Safety Education.................................1,500
Facility Improvements at 1890 Institutions.......................19,730
Renewable Resources Extension Act.................................3,700
Extension Services at 1994 Institutions...........................4,312
Food Animal Residue Avoidance Database............................1,000
Women and Minorities in STEM Fields.................................400
Grants to Youth Organizations.......................................750
Federal Administration:
  Ag in the Classroom...............................................552
  General Administration..........................................7,300
                                                             __________
                                                             
    Total, Federal Administration.................................7,852
      Total, Extension Activities..............................$475,183
                                                               ==========
_______________________________________________________________________



                         INTEGRATED ACTIVITIES

       The conference agreement provides $21,482,000 for 
     integrated activities instead of

[[Page H7478]]

     $12,400,000 as proposed by the House and $25,948,000 as 
     proposed by the Senate.
       The following table reflects the amounts provided by the 
     conference agreement:


    National Institute of Food and Agriculture Integrated Activities

                         [Dollars in Thousands]

Organic Transition Program.......................................$4,000
Regional Pest Management Centers..................................4,000
Water Quality Program.............................................4,500
Methyl Bromide Transition Program.................................1,996
Regional Rural Development Centers..................................998
Food and Agriculture Defense Initiative...........................5,988
                                                             __________
                                                             
      Total, Integrated Activities..............................$21,482
                                                               ==========
_______________________________________________________________________



 HISPANIC-SERVING AGRICULTURAL COLLEGES AND UNIVERSITIES ENDOWMENT FUND

       The conference agreement does not provide an appropriation 
     for the Hispanic-Serving Agricultural Colleges and 
     Universities Endowment Fund instead of $10,000,000 as 
     proposed by the Senate.


  OFFICE OF THE UNDER SECRETARY FOR MARKETING AND REGULATORY PROGRAMS

       The conference agreement provides $848,000 for the Office 
     of the Under Secretary for Marketing and Regulatory Programs 
     as proposed by the Senate instead of $760,000 as proposed by 
     the House.

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

                      including transfers of funds

       The conference agreement provides $816,534,000 for the 
     Animal and Plant Health Inspection Service (APHIS) instead of 
     $790,000,000 as proposed by the House and $820,110,000 as 
     proposed by the Senate.
       The conference agreement provides funding for the animal 
     disease traceability system within the Animal Health 
     Technical Services line item. The conferees remain concerned 
     about the cost of implementing and operating this redesigned 
     program as explained in the animal disease traceability 
     proposed rule (APHIS-2009-0091) and encourage the most cost-
     effective, least regulatory burdensome system in the final 
     rule. The conferees direct APHIS to submit a report and 
     updates on the status of the system as proposed in the 
     September 28, 2010, Comprehensive Report & Implementation 
     Plan (amended January 28, 2011) by November 30, 2011; April 
     1, 2012; and by August 1, 2012.
       The conferees support APHIS' activities to control plant 
     pests and strongly support efforts to eradicate such pests as 
     the opportunities arise. Toward that purpose, the 
     conferees expect that funding for Specialty Crop Pests 
     will be supplemented with contingency or Commodity Credit 
     Corporation funds for the emergency purpose of eradicating 
     the European Grape Vine Moth.
       The following table reflects the conference agreement:


               ANIMAL AND PLANT HEALTH INSPECTION SERVICE

                         [Dollars in Thousands]


        Program                                                  Amount
Safeguarding and International Technical Assistance:
Animal Health Technical Services.................................32,500
Aquatic Animal Health.............................................2,261
Avian Health.....................................................52,000
Cattle Health....................................................99,000
Equine, Cervid & Small Ruminant Health...........................22,000
National Veterinary Stockpile.....................................2,750
Swine Health.....................................................23,000
Veterinary Biologics.............................................16,457
Veterinary Diagnostics...........................................31,611
Zoonotic Disease Management.......................................9,000
  Subtotal, Animal Health.......................................290,579

Agricultural Quarantine Inspection (Appropriated)................27,500
Cotton Pests.....................................................17,848
Field Crop & Rangeland Ecosystems Pests...........................9,068
Pest Detection...................................................27,500
Plant Protection Methods Development.............................20,600
Specialty Crop Pests............................................153,950
Tree & Wood Pests................................................55,638
  Subtotal, Plant Health........................................312,104

Wildlife Damage Management.......................................72,500
Wildlife Services Methods Development............................18,000
  Subtotal, Wildlife Services....................................90,500

Animal & Plant Health Regulatory Enforcement.....................16,275
Biotechnology Regulatory Services................................18,135
  Subtotal, Regulatory Services..................................34,410
Contingency Fund..................................................1,000
Emergency Preparedness & Response................................17,000
  Subtotal, Emergency Management.................................18,000

    Subtotal, Safeguarding and Emergency Preparedness/Response..745,593

Safe Trade and International Technical Assistance:
Agriculture Import/Export........................................13,354
Overseas Technical & Trade Operations............................20,104
  Subtotal, Safe Trade...........................................33,458

Animal Welfare:
Animal Welfare...................................................27,087
Horse Protection....................................................696
  Subtotal, Animal Welfare.......................................27,783

Agency Management:
APHIS Information Technology Infrastructure.......................4,335
Physical/Operational Security.....................................5,365
  Subtotal, Agency Management.....................................9,700

Total, Direct Appropriation.....................................816,534


                        BUILDINGS AND FACILITIES

       The conference agreement provides $3,200,000 for Animal and 
     Plant Health Inspection Service Buildings and Facilities as 
     proposed by the House instead of $3,176,000 as proposed by 
     the Senate.

                     Agricultural Marketing Service


                           MARKETING SERVICES

       The conference agreement provides $82,211,000 for the 
     Agricultural Marketing Service as proposed by the Senate 
     instead of $77,800,000 as proposed by the House.
       The conferees provide an increase of $300,000 for the 
     Market News Program to expand reporting on organic 
     agricultural products. In addition, AMS is encouraged to 
     continue funding the National Organic Program at the fiscal 
     year 2011 level or above.


                 LIMITATION ON ADMINISTRATIVE EXPENSES

       The conference agreement includes a limitation on 
     administrative expenses of $62,101,000 as proposed by the 
     Senate instead of $61,000,000 as proposed by the House.


    FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $20,056,000 for Funds for 
     Strengthening Markets, Income, and Supply as proposed by the 
     House and the Senate.
       The following table reflects the status of this fund for 
     fiscal year 2012:


      Estimated Total Funds Available and Balance Carried Forward

                         [Dollars in Thousands]                  Amount
Appropriation (30% of Customs Receipts).......................7,947,046
Balances Available for Transfers Less Transfers:
Food & Nutrition Service....................................(6,676,207)
Commerce Department...........................................(109,098)
Total, Transfers............................................(6,785,306)

Unobligated Balance Available, Start of Year....................259,953
Unavailable for Obligations (recoveries & offsetting collection(73,694)
Transfer of Prior Year Funds to FNS (F&V).....................(117,000)
Budget Authority..............................................1,231,000

Unavailable for Obligation....................................(150,000)
Unavailable for Obligations (F&V Transfer-FNS)................(133,000)
Available for Obligation........................................948,000

Less Obligations:
Child Nutrition Programs (Entitlement Commodities)..............465,000
    12 Percent Commodity Floor...................................... --
  Cotton, Soybean, Rice and Sweet Potato Disaster Program........... --
  State Option Contract...........................................5,000
  Removal of Defective Commodities................................2,500
  Emergency Surplus Removal......................................... --
  Disaster Relief.................................................5,000

Additional Fruits, Vegetables, and Nuts Purchases...............175,600
Fresh Fruit and Vegetable Program................................20,000
Accounting Adjustment............................................... --
Estimated Future Needs..........................................227,113
  Total, Commodity Procurement..................................900,213

Administrative Funds:
Commodity Purchase Support.......................................27,731
Marketing Agreements and Orders..................................20,056
Total, Administrative Funds......................................47,787
                                                             __________
                                                             
Total Obligations...............................................948,000

Unavailable for Obligations (Fruit and Vegetable Transfer to FNS133,000

Balances, Collections, and Recoveries Not Available..............73,694

Total End of Year Balance.......................................206,694


                   PAYMENTS TO STATES AND POSSESSIONS

       The conference agreement provides $1,198,000 for Payments 
     to States and Possessions as proposed by the Senate instead 
     of $1,331,000 as proposed by the House.

        Grain Inspection, Packers and Stockyards Administration


                         SALARIES AND EXPENSES

       The conference agreement provides $37,750,000 for the Grain 
     Inspection, Packers and Stockyards Administration instead of 
     $37,000,000 as proposed by the House and $38,248,000 as 
     proposed by the Senate.
       The conference agreement includes language (section 721) 
     that places conditions on the promulgation and implementation 
     of regulations relating to the Grain Inspection, Packers and 
     Stockyards Administration as authorized by Title XI of the 
     Food, Conservation, and Energy Act of 2008 (the Act). Funds 
     are provided to allow the Secretary to continue publication 
     and implementation of a final or interim final rule as 
     provided by the Administrative Procedures Act. The conference 
     agreement further provides that the annual cost to the 
     economy of such rules cannot exceed $100,000,000 and that the 
     items included in the rules must be limited to the specific 
     items described in the Act for which these rules were 
     mandated.

[[Page H7479]]

        LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

       The conference agreement includes a limitation on 
     inspection and weighing services expenses of $49,000,000 
     instead of $47,500,000 as proposed by the House and 
     $50,000,000 as proposed by the Senate.

             Office of the Under Secretary for Food Safety

       The conference agreement provides $770,000 for the Office 
     of the Under Secretary for Food Safety as proposed by the 
     Senate instead of $689,000 as proposed by the House.

                   Food Safety and Inspection Service

       The conference agreement provides $1,004,427,000 for the 
     Food Safety and Inspection Service instead of $972,028,000 as 
     proposed by the House and $1,006,503,000 as proposed by the 
     Senate.
       The conferees direct FSIS to provide full funding to states 
     for state inspection programs.
       The following table reflects the conference agreement:


                   Food Safety and Inspection Service

                         [Dollars in Thousands]

Federal........................................................$887,520
State............................................................62,734
International....................................................15,841
Codex Alimentarius................................................3,752
Public Health Data Communications Infrastructure System..........34,580
                                                             __________
                                                             
      Total, Food Safety and Inspection Service..............$1,004,427
                                                               ==========
_______________________________________________________________________


    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

       The conference agreement provides $848,000 for the Office 
     of the Under Secretary for Farm and Foreign Agricultural 
     Services as proposed by the Senate instead of $760,000 as 
     proposed by the House.

                          Farm Service Agency


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $1,491,549,000 for the 
     Farm Service Agency instead of $1,439,970,000 as proposed by 
     the House and $1,474,511,000 as proposed by the Senate.
       The conferees provide that not less than $66,685,000 shall 
     be for Modernize and Innovate the Delivery of Agricultural 
     Systems.
       The conferees strongly support the implementation of 
     Modernize and Innovate the Delivery of Agricultural Systems 
     (MIDAS), and encourage the agency to ensure that MIDAS's 
     initial operating capability will be released by October 
     2012.
       The conference agreement provides $13,000,000 for the 
     Common Computing Environment.
       The following table reflects the conference agreement:

                         [Dollars in Thousands]

  Salaries and expenses......................................$1,198,966
  Transfer from P.L. 480..........................................2,500
  Transfer from Export Loans........................................355
  Transfer from ACIF............................................289,728
      Total, FSA Salaries and expenses.......................$1,491,549
                                                               ==========
_______________________________________________________________________



                         STATE MEDIATION GRANTS

       The conference agreement provides $3,759,000 for State 
     Mediation Grants as proposed by the Senate instead of 
     $3,550,000 as proposed by the House.


               GRASSROOTS SOURCE WATER PROTECTION PROGRAM

       The conference agreement provides $3,817,000 for the 
     Grassroots Source Water Protection Program as proposed by the 
     Senate instead of $3,605,000 as proposed by the House.


                        DAIRY INDEMNITY PROGRAM

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $100,000 for the Dairy 
     Indemnity Program as proposed by the House and Senate.


           AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

       The following table reflects the conference agreement:

                         [Dollars in Thousands]

Farm Ownership Loans:
    Direct...................................................($475,000)
    Subsidy.....................................................$22,800
    Guaranteed.............................................($1,500,000)
    Subsidy.........................................................  0
Farm Operating Loans:
    Direct.................................................($1,050,090)
    Subsidy.....................................................$59,120
    Unsubsidized Guaranteed................................($1,500,000)
    Subsidy.....................................................$26,100
Indian Tribe Land Acquisition Loans............................($2,000)
    Subsidy.........................................................  0
Conservation Loans-Guaranteed................................($150,000)
    Subsidy.........................................................  0
Indian Highly Fractionated Land...............................($10,000)
    Subsidy........................................................$193
Boll Weevil Eradication......................................($100,000)
    Subsidy.........................................................  0
ACIF Expenses:
    Salaries and Expenses......................................$289,728
    Administrative Expenses......................................$7,904

                         Risk Management Agency

       The conference agreement provides $74,900,000 for the Risk 
     Management Agency as proposed by the Senate instead of 
     $68,016,000 as proposed by the House.

                Federal Crop Insurance Corporation Fund

       The conference agreement provides an appropriation of such 
     sums as may be necessary for the Federal Crop Insurance 
     Corporation Fund (estimated to be $3,142,375,000 in the 
     President's fiscal year 2012 Budget Request) as proposed by 
     the House and Senate.

                   Commodity Credit Corporation Fund


                 REIMBURSEMENT FOR NET REALIZED LOSSES

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides an appropriation of such 
     sums as may be necessary for Reimbursement for Net Realized 
     Losses of the Commodity Credit Corporation (estimated to be 
     $14,071,000,000 in the President's fiscal year 2012 Budget 
     Request) as proposed by the House and Senate.

                       Hazardous Waste Management


                        (Limitation on Expenses)

       The conference agreement provides a limitation of 
     $5,000,000 for Hazardous Waste Management as proposed by the 
     House and Senate.

                    TITLE II--CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

       The conference agreement provides $848,000 for the Office 
     of the Under Secretary for Natural Resources and Environment 
     as proposed by the Senate instead of $760,000 as proposed by 
     the House.

                 Natural Resources Conservation Service


                        conservation operations

       The conference agreement provides $828,159,000 for 
     Conservation Operations as proposed by the Senate instead of 
     $770,956,000 as proposed by the House.
       The conference agreement provides $9,300,000 for the Snow 
     Survey and Water Forecasting Program; $9,400,000 for the 
     Plant Material Centers; $80,000,000 for the Soil Surveys 
     Program; and $729,459,000 for Conservation Technical 
     Assistance.
       The conference agreement provides an increase of $5,000,000 
     for the Conservation Effects Assessment Project and an 
     increase of $5,000,000 for the Conservation Delivery 
     Streamlining Initiative.
       The conference agreement provides $12,500,000 for the 
     Common Computing Environment.


                    watershed rehabilitation program

       The conference agreement provides $15,000,000 for the 
     Watershed Rehabilitation Program as proposed by the House 
     instead of $8,000,000 as proposed by the Senate.

                 TITLE III--RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

       The conference agreement provides $848,000 for the Office 
     of the Under Secretary for Rural Development as proposed by 
     the Senate instead of $760,000 as proposed by the House.


                rural development salaries and expenses

                     (including transfers of funds)

       The conference agreement provides $182,023,000 for Rural 
     Development Salaries and Expenses as proposed by the Senate 
     instead of $161,011,000 as proposed by the House.
       The conference agreement provides $4,500,000 for the Common 
     Computing Environment.

                         Rural Housing Service


              rural housing insurance fund program account

                     (including transfers of funds)

       The conference agreement provides a total subsidy of 
     $510,991,000 for activities under the Rural Housing Insurance 
     Fund Program Account instead of $472,500,000 as proposed by 
     the House and $512,791,000 as proposed by the Senate. This 
     includes a transfer of $430,800,000 to the Rural Development 
     Salaries and Expenses account as proposed by the Senate 
     instead of $400,000,000 as proposed by the House.
       The following table indicates loan, subsidy and grant 
     levels provided by the conference agreement:

                         [Dollars in Thousands]

Loan authorizations:
  Single family direct (sec. 502)............................($900,000)
  Single family unsubsidized guaranteed....................(24,000,000)
  Housing repair (sec. 504)....................................(10,000)
Rental housing (sec. 515)                                      (64,478)
  Multi-family guaranted (sec. 538)...........................(130,000)
  Credit sales of acquired property............................(10,000)
  Farm labor housing...........................................(20,791)
  Self help housing land development............................(5,000)
                                                             __________
                                                             
      Total, Loan authorizations..........................($25,140,269)
                                                               ==========
_______________________________________________________________________

Loan subsidies:
  Single family direct (sec. 502)...............................$42,570
  Housing repair (sec. 504).......................................1,421
  Rental housing (sec. 515)......................................22,000
  Farm labor housing..............................................7,100
                                                             __________
                                                             
    Subtotal, Loan subsidies.....................................73,091
  Farm labor housing grants.......................................7,100
                                                             __________
                                                             
      Total, loan subsidies and grants..........................$80,191
  Administrative expenses (transfer to RD).....................$430,800
      Total, Loan subsidies, grants and administrative expenses$510,991
                                                               ==========
_______________________________________________________________________


[[Page H7480]]


       The conferees recognize that many private lenders have been 
     unable to implement the new annual fee for Section 502 
     guaranteed loans as required by the Department. Currently, 
     only one major lender has developed the necessary automated 
     systems capacity. Many small rural banks and state housing 
     agencies are precluded from program participation due to 
     their lack of automated systems enhancements. To provide a 
     short-term solution, the conferees provide authority to the 
     Department to increase the guarantee fee, such that subsidy 
     costs are covered while relying on processes that traditional 
     program participants already have in place. However, the 
     conferees are hopeful that participants continue to pursue 
     automated systems changes necessary to implement the annual 
     fee. The conferees direct the Department to complete all 
     necessary systems enhancements as soon as possible.


                       rental assistance program

       The conference agreement provides $904,653,000 for the 
     Rental Assistance Program as proposed by the Senate instead 
     of $890,000,000 as proposed by the House.


          multi-family housing revitalization program account

       The conference agreement provides $13,000,000 for the 
     Multi-Family Housing Revitalization Account Program as 
     proposed by the Senate instead of $11,000,000 as proposed by 
     the House.
       This includes $11,000,000 for vouchers and $2,000,000 for a 
     housing preservation demonstration program.


                  mutual and self-help housing grants

       The conference agreement provides $30,000,000 for Mutual 
     and Self-Help Housing Grants as proposed by the Senate 
     instead of $22,000,000 as proposed by the House.


                    rural housing assistance grants

       The conference agreement provides $33,136,000 for Rural 
     Housing Assistance Grants instead of $32,000,000 as proposed 
     by the House and $34,271,000 as proposed by the Senate.
       The following table reflects the grant levels provided by 
     the conference agreement:

                         [Dollars in Thousands]

Very-low income housing repair grants...........................$29,500
Housing preservation grants.......................................3,636
                                                             __________
                                                             
      Total, grants.............................................$33,136


               rural community facilities program account

                     (including transfers of funds)

       The conference agreement provides $29,291,000 for the Rural 
     Community Facilities Program Account instead of $18,000,000 
     as proposed by the House and $26,274,000 as proposed by the 
     Senate.
       The following table reflects the loan, subsidy and grant 
     amounts provided by the conference agreement:

                         [Dollars in Thousands]

Loan Authorizations:
  CF direct loans..........................................($1,300,000)
  CF guaranteed loans.........................................(105,708)
Loan Subsidies and Grants:
  CF guaranteed loans.............................................5,000
  CF grants......................................................11,363
  Rural Community Development Initiative..........................3,621
  Economic Impact Initiative......................................5,938
  Tribal College Grants...........................................3,369
                                                             __________
                                                             
      Total, subsidies and grants...............................$29,291
       The conferees note that USDA Community Facilities loans and 
     grants can assist eligible school districts participating in 
     the National School Lunch and Breakfast Programs with 
     upgrades to school infrastructure in order to assist schools 
     in meeting the new nutrition standards. The conferees 
     encourage the Department to conduct outreach to rural school 
     districts, especially those with more than 50 percent of 
     students eligible for free or reduced-price meals, and 
     consider applications for school food service upgrades 
     through the Rural Community Facilities program.

                   Rural Business-Cooperative Service


                     rural business program account

                     (including transfers of funds)

       The conference agreement provides $74,809,000 for the Rural 
     Business Program Account instead of $64,500,000 as proposed 
     by the House and $79,665,000 as proposed by the Senate.
       The following table reflects the loan, subsidy and grant 
     levels provided by the conference agreement:

                         [Dollars in Thousands]

Business and Industry loan program:
  Guaranteed loan authorization..............................($822,886)
  Guaranteed loan subsidy........................................45,341
Rural business enterprise grants.................................24,318
Rural business opportunity grants.................................2,250
Delta Regional Authority..........................................2,900
                                                             __________
                                                             
      Total, subsidy and grants.................................$74,809


              rural development loan fund program account

                     (including transfer of funds)

       The conference agreement provides $10,684,000 for the Rural 
     Development Loan Fund Program Account instead of $8,500,000 
     as proposed by the House and $11,684,000 as proposed by the 
     Senate.
       The conference agreement provides for a transfer of 
     $4,684,000 to the Rural Development Salaries and Expenses 
     account as proposed by the Senate instead of $3,500,000 as 
     proposed by the House.
       The following table reflects the loan and subsidy levels 
     provided by the conference agreement:

                         [Dollars in Thousands]

Loan authorization............................................($17,710)
Loan subsidy......................................................6,000
Administrative expenses (Transfer to RD)..........................4,684
                                                             __________
                                                             
      Total, subsidy and administrative expenses................$10,684


            rural economic development loans program account

                    (including rescission of funds)

       The conference agreement provides $33,077,000 for the Rural 
     Economic Development Loans Program Account as proposed by the 
     House and the Senate.


                  rural cooperative development grants

       The conference agreement provides $25,050,000 for Rural 
     Cooperative Development Grants instead of $22,500,000 as 
     proposed by the House and $27,915,000 as proposed by the 
     Senate.
       The conferees provide $5,800,000 for cooperative 
     development grants; $2,250,000 for a cooperative agreement 
     for the Appropriate Technology Transfer for Rural Areas 
     program; $3,000,000 for cooperatives or associations of 
     cooperatives whose primary focus is to provide assistance to 
     small, socially disadvantaged producers; and $14,000,000 for 
     value-added agricultural product market development grants.


                    rural energy for america program

       The conference agreement provides $3,400,000 for the Rural 
     Energy for America Program instead of $2,300,000 as proposed 
     by the House and $4,500,000 as proposed by the Senate.
       The following table reflects the loan, subsidy and grant 
     levels provided by the conference agreement:

                         [Dollars in Thousands]

Guaranteed loan authorization..................................($6,491)
Guaranteed loan subsidy...........................................1,700
Grants............................................................1,700
                                                             __________
                                                             
      Total, subsidy and grants..................................$3,400

                        Rural Utilities Service


             rural water and waste disposal program account

                     (including transfers of funds)

       The conference agreement provides $513,000,000 for the 
     Rural Water and Waste Disposal Program Account instead of 
     $500,000,000 as proposed by the House and $509,295,000 as 
     proposed by the Senate.
       The following table reflects the loan, subsidy and grant 
     levels provided by the conference agreement:

                         [Dollars in Thousands]

Loan authorizations:
  Water and waste direct loans...............................($730,689)
  Water and waste guaranteed loans.............................(62,893)
Subsidies and grants:
  Direct loan subsidy............................................70,000
  Guaranteed loan subsidy.........................................1,000
  Water and waste revolving fund....................................497
  Water well system grants..........................................993
  Grants for Colonias, Native Americans, Alaskan Native Villages, 
    and the Department of Hawaiian Home Lands....................66,500
  Water and waste technical assistance grants....................19,000
  Circuit Rider program..........................................15,000
  Solid waste management grants...................................3,400
  High energy cost grants.........................................9,500
  Water and waste disposal grants...............................327,110
                                                             __________
                                                             
      Total, subsidies and grants..............................$513,000
                                                               ==========
_______________________________________________________________________



   RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides a total subsidy of 
     $36,976,000 for activities under the Rural Electrification 
     and Telecommunications Loans Program Account as proposed by 
     the Senate instead of $30,000,000 as proposed by the House. 
     The conference agreement provides for an estimated loan level 
     of $7,714,286,000 as proposed by the Senate instead of 
     $7,290,000,000 as proposed by the House.
       The conference agreement provides for a transfer of 
     $36,382,000 to the Rural Development Salaries and Expenses 
     account as proposed by the Senate instead of $30,000,000 as 
     proposed by the House.
       The conferees direct USDA to provide a report on baseload 
     generation needs in rural America and to work with interested 
     parties and the Office of Management and Budget to conduct a 
     subsidy analysis that incorporates the most up to date data. 
     The conferees direct USDA to provide the report to the 
     Committees on Appropriations of the House and the Senate by 
     February 1, 2012.
       The conferees encourage the Department to encourage a 
     diversity of applicants for the guaranteed underwriting 
     program.
       The following table indicates loan and subsidy levels 
     provided by the conference agreement:

                         [Dollars in Thousands]

Loan authorizations:
  Electric:
  Direct, 5 percent..........................................($100,000)
  Direct, FFB...............................................(6,500,000)
  Guaranteed underwriting.....................................(424,286)
                                                             __________
                                                             
    Subtotal................................................(7,024,286)
                                                               ==========
_______________________________________________________________________

Telecommunications:
  Direct, 5 percent...........................................(145,000)

[[Page H7481]]

  Direct, Treasury rate.......................................(250,000)
  Direct, FFB.................................................(295,000)
                                                             __________
                                                             
    Subtotal..................................................(690,000)
                                                               ==========
_______________________________________________________________________

Total, loan authorizations                                 ($7,714,286)
                                                               ==========
_______________________________________________________________________

Loan subsidies:
  Electric:
  Guaranteed underwriting...........................................594
  Administrative expenses (transfer to RD).......................36,382
                                                             __________
                                                             
  Total, Loan subsidies and administrative expenses.............$36,976
                                                               ==========
_______________________________________________________________________



         DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

       The conference agreement provides $37,372,000 for the 
     distance learning, telemedicine and broadband program instead 
     of $21,000,000 as proposed by the House and $46,942,000 as 
     proposed by the Senate.
       The conference agreement provides $15,000,000 for grants 
     for telemedicine and distance learning services in rural 
     areas. The conference agreement provides $3,000,000 for 
     telemedicine and distance learning grants for health needs in 
     the Mississippi River Delta area and $3,000,000 for grants to 
     noncommercial educational television broadcast stations that 
     serve rural areas.
       The conference agreement provides $10,372,000 for grants to 
     finance broadband transmission and Internet services in 
     unserved and underserved rural areas.
       The conference agreement provides an estimated loan level 
     of $212,014,000 and $6,000,000 in subsidy for broadband 
     telecommunications.
       Funding provided for the broadband program is intended to 
     promote broadband availability in those areas where there is 
     not otherwise a business case for private investment in a 
     broadband network. The conferees encourage RUS to focus 
     expenditures on projects that bring broadband service to 
     currently unserved households.

                    TITLE IV--DOMESTIC FOOD PROGRAMS

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

       The conference agreement provides $770,000 for the Office 
     of the Under Secretary for Food, Nutrition and Consumer 
     Services as proposed by the Senate instead of $689,000 as 
     proposed by the House.

                       Food and Nutrition Service


                        CHILD NUTRITION PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $18,151,176,000 for Child 
     Nutrition Programs as proposed by the Senate instead of 
     $18,770,571,000 as proposed by the House.
       The conference agreement includes a general provision 
     relating to child nutrition guidelines.
       The conference agreement provides the following for Child 
     Nutrition Programs:


                      Total Obligational Authority

                         [Dollars in Thousands]

Child Nutrition Programs:
  School lunch program......................................$10,169,615
  School breakfast program....................................3,313,848
  Child and adult care food program...........................2,831,543
  Summer food service program...................................401,998
  Special milk program...........................................13,240
  State administrative expenses.................................279,016
  Commodity procurement.......................................1,075,727
  Healthier US Schools Challenge..................................1,500
  Team Nutrition.................................................15,016
  Food Safety Education...........................................2,510
  Coordinated Review..............................................9,763
  Computer Support and Processing.................................9,525
  CACFP training and technical assistance.........................3,537
  Studies and other activities...................................19,000
  Farm to school tactical team....................................2,000
  CN payment accuracy.............................................2,338
  School Breakfast Expansion Grants...............................1,000
                                                             __________
                                                             
      Total.................................................$18,151,176
                                                               ==========
_______________________________________________________________________



SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN 
                                 (WIC)

       The conference agreement provides $6,618,497,000 for the 
     Special Supplemental Nutrition Program for Women, Infants, 
     and Children (WIC) instead of $6,048,250,000 as proposed by 
     the House and $6,582,497,000 as proposed by the Senate. The 
     conferees believe that funding for other initiatives within 
     this program should only occur upon determination that 
     participation needs have been met, and the contingency 
     reserve should not be used for these initiatives.
       The conferees are interested in Federal and State 
     initiatives to actively manage the costs of the WIC program 
     so that resources provided to support participants are 
     efficiently and effectively utilized. The conferees seek 
     demonstrated efficiencies and strong financial controls in 
     all aspects of the program, including the cost of delivering 
     nutritional and other preventative health services by the 
     States, so that limited funds can be used to provide benefits 
     to all eligible women, infants, and children seeking program 
     services in a given year. The conferees direct the Food and 
     Nutrition Service to provide the Committees with a report on 
     how it will pursue these objectives by January 31, 2012.


               SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

       The conference agreement provides $80,401,722,000 for the 
     Supplemental Nutrition Assistance Program instead of 
     $71,173,308,000 as proposed by the House and $80,402,722,000 
     as proposed by the Senate. The conference agreement includes 
     $3,000,000,000 to be made available for a contingency 
     reserve. The conferees note that $3,000,000,000 was also 
     made available in fiscal year 2011 as a contingency 
     reserve and remains available in fiscal year 2012.
       The conference agreement provides the following for the 
     Supplemental Nutrition Assistance Program:


                      Total Obligational Authority

                         [Dollars in Thousands]

Supplemental Nutrition Assistance Program:
  Benefits..................................................$70,524,648
  Contingency Reserve.........................................3,000,000
  State Administrative Costs..................................3,742,000
  Nutrition Education and Obesity Prevention Grant Program......388,000
  Employment and Training.......................................397,118
  Mandatory Other Program Costs.................................114,477
  Discretionary Other Program Costs...............................1,000
  Nutrition Assistance for Puerto Rico and American Samoa.....1,842,835
  Food Distribution Program for Indian Reservations.............102,746
  TEFAP Commodities.............................................260,250
  Commonwealth of the Northern Mariana Islands...................13,148
  Community Food Project..........................................5,000
  Program Access..................................................5,000
  Financial Management Systems Modernization......................3,500
  Information Technology Modernization and Support................2,000
      Total.................................................$80,401,722
                                                               ==========
_______________________________________________________________________



                      COMMODITY ASSISTANCE PROGRAM

       The conference agreement provides $242,336,000 for the 
     Commodity Assistance Program as proposed by the Senate 
     instead of $197,500,000 as proposed by the House.
       The conference agreement includes $176,788,000 for the 
     Commodity Supplemental Food Program.
       The conference agreement provides $48,000,000 for 
     administrative funding for the Emergency Food Assistance 
     Program (TEFAP). In addition, the conference agreement grants 
     the Secretary authority to transfer up to an additional 10 
     percent from TEFAP commodities for this purpose.
       The conference agreement provides $16,548,000 for the 
     Farmer's Market Nutrition Program and $1,000,000 for Pacific 
     Island Assistance.
       The conferees direct USDA to make an assessment to 
     determine if State agencies are in compliance with 7 CFR Part 
     251.5(b), and, if not, they are directed to issue guidance to 
     the respective agencies on how they can comply with this 
     regulation. Additionally, the conferees direct USDA to submit 
     a report to the Committees on Appropriations of the House and 
     the Senate on steps the Department might use to measure 
     participation in the Emergency Food Assistance Program by 
     March 16, 2012.


                   NUTRITION PROGRAMS ADMINISTRATION

       The conference agreement provides $138,500,000 for 
     Nutrition Programs Administration instead of $125,000,000 as 
     proposed by the House and $140,130,000 as proposed by the 
     Senate.

            TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service


                         SALARIES AND EXPENSES

                     (including transfers of funds)

       The conference agreement provides $176,347,000 for the 
     Foreign Agricultural Service (FAS), Salaries and Expenses, as 
     proposed by the Senate instead of $172,500,000 as proposed by 
     the House.
       While the conferees believe that USDA, and its partner 
     USAID, must first focus on addressing immediate emergency 
     needs in places such as the Horn of Africa, the Department 
     must begin to develop plans and corresponding goals aimed at 
     building market-driven institutions and science-based 
     regulatory frameworks that facilitate trade and create an 
     environment conducive to agricultural growth. Therefore, the 
     conferees direct FAS to submit a report within 60 days of 
     enactment of this Act with options for shifting more focus in 
     outyear budgets from long-term or extended emergency food aid 
     programs to programs that support FAS' duties to help 
     developing countries improve their agricultural systems and 
     build trade capacity in order to improve their long-term 
     economic development.


   FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $2,500,000 for 
     administrative expenses for the Food for Peace Title I Direct 
     Credit and Food for Progress Program Account, to be 
     transferred to and merged with the appropriation for ``Farm 
     Service Agency, Salaries and Expenses'', instead of 
     $2,385,000 as proposed by the House and $2,666,000 as 
     proposed by the Senate.

                     Food for Peace Title II Grants

       The conference agreement provides $1,466,000,000 for Food 
     For Peace Title II

[[Page H7482]]

     Grants instead of $1,040,198,000 as proposed by the House and 
     $1,562,000,000 as proposed by the Senate.
       The amount provided for this program is more than 
     $200,000,000 less than the amount requested by the President 
     and even further below the levels appropriated in recent 
     years. Flexibility in providing appropriations for 
     humanitarian food assistance has been constrained by the 
     Budget Control Act of 2011 (BCA) which established a firewall 
     between security and non-security discretionary spending. 
     This conference report includes only two programs under the 
     security heading, PL 480 and the McGovern-Dole International 
     Food for Education and Child Nutrition Program, both of which 
     are related to humanitarian food assistance. Because of this 
     inflexibility in shifting discretionary resources due to the 
     requirements of the BCA, the conferees are unable to provide 
     higher levels of funding for these two programs without being 
     in violation of established budget caps. The conferees remain 
     aware of the acute problems relating to global hunger, 
     especially in view of the declared famine in the Horn of 
     Africa, and will continue to monitor conditions there and 
     elsewhere in the world in order to take whatever steps are 
     available, as conditions warrant.
       The conference agreement includes language in Section 741 
     to ensure humanitarian food assistance programs include 
     sufficient monitoring and control mechanisms. The conferees 
     believe that food aid should not be used as a political tool 
     but that recipient nations do have obligations to ensure 
     transparency and cooperation in the distribution of aid to 
     affected populations. Should the U.S. government consider 
     resumption of food assistance to the Democratic People's 
     Republic of Korea, it is expected that assurances will be 
     given to protect the integrity of program execution, 
     including monitoring, and that any remaining issues regarding 
     previous year program delivery be satisfactorily resolved.


 COMMODITY CREDIT CORPORATION EXPORT (LOANS) Credit guarantee PROGRAM 
                                ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $6,820,000 for the 
     Commodity Credit Corporation Export (Loans) Credit Guarantee 
     Program Account as proposed by the House instead of 
     $6,465,000 as proposed by the Senate.


  MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION 
                             PROGRAM GRANTS

       The conference agreement provides $184,000,000 for the 
     McGovern-Dole International Food for Education and Child 
     Nutrition Program instead of $180,000,000 as proposed by the 
     House and $188,000,000 as proposed by the Senate.

      TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         SALARIES AND EXPENSES

       The conference agreement provides total appropriations, 
     including Prescription Drug User Fee Act, Medical Device and 
     Modernization User Fee Act, Animal Drug User Fee Act, Animal 
     Generic Drug User Fee Act, Tobacco Product User Fee Act, Food 
     Reinspection User Fee Act, and Food Recall User Fee Act 
     collections, of $3,788,336,000 for the salaries and expenses 
     of the Food and Drug Administration instead of $3,654,148,000 
     as proposed by the House and $3,859,402,000 as proposed by 
     the Senate and provides specific amounts by FDA activity as 
     reflected in the following table:


            Food and Drug Administration Salaries & Expenses

                         [Dollars in Thousands]

Budget Authority:
  Foods........................................................$866,061
  Center for Food Safety and Applied Nutrition..................264,296
    Field Activities............................................601,765
  Human Drugs...................................................477,810
  Center for Drug Evaluation and Research.......................347,817
    Field Activities............................................129,993
  Biologics.....................................................212,224
  Center for Biologics Evaluation and Research..................171,711
    Field Activities.............................................40,513
  Animal Drugs and Feeds........................................138,021
  Center for Veterinary Medicine.................................84,699
    Field Activities.............................................53,322
  Devices and Radiological Products.............................322,672
    Center for Devices and Radiological Health..................241,475
Field Activities.................................................81,197
National Center for Toxicological Research.......................60,039
Other Activities/Office of the Commissioner.....................153,704
White Oak Consolidation..........................................40,386
GSA Rent.........................................................65,598
Other Rent and Rent Related.....................................160,506
    Subtotal, Budget Authority................................2,497,021
User Fees:
Prescription Drug User Fee Act..................................702,172
Medical Device User Fee and Modernization Act....................57,605
Animal Drug User Fee Act.........................................21,768
Animal Generic Drug User Fee Act..................................5,706
Tobacco Product User Fees.......................................477,000
Food Reinspection Fees...........................................14,700
Food Recall Fees.................................................12,364
    Subtotal, User Fees.......................................1,291,315
      Total, FDA Program Level...............................$3,788,336
       The conference agreement includes the following increases: 
     $39,000,000 to begin implementation of the Food Safety 
     Modernization Act; $20,038,000 for advancing medical 
     countermeasures; and $12,962,000 for mandatory rental 
     payments. The conferees also accept FDA's proposed reduction 
     of $22,000,000 due to administrative and contract savings. 
     The conferees direct FDA to provide a report within 30 days 
     of enactment of this Act on how it intends to allocate these 
     increases.
       The conferees direct that, within 90 days of the date of 
     enactment of this Act, FDA report on the average number of 
     calendar days that elapsed from the date that drug 
     applications (including any supplements) were submitted to 
     the agency under section 505 of the Federal Food, Drug, and 
     Cosmetic Act (FD&C Act) until the date that the drugs were 
     approved; the average number of calendar days that elapsed 
     from the date that applications for device clearance 
     (including any supplements) under section 510(k) of the FD&C 
     Act or for premarket approval (including any supplements) 
     under section 515 of the FD&C Act were submitted to the 
     agency until the date that the devices were cleared; and the 
     average number of calendar days that elapsed from the date 
     that biological license applications (including any 
     supplements) were submitted to the agency under section 351 
     of the Public Health Service Act until the date that the 
     biological products were licensed.
       The conferees are concerned that FDA has not issued a 
     proposed rule revising the monograph regulating the labeling 
     of over-the-counter cough and cold products for children. The 
     conferees direct the FDA to publish a proposed rule by 
     December 31, 2011, based on the latest scientific evidence 
     for safety and efficacy in pediatric populations.
       The conferees recognize that FDA is developing facilities 
     and expertise to study nanotechnology within FDA's Jefferson 
     Laboratory Campus, including the National Center for 
     Toxicological Research, and its consolidated headquarters at 
     White Oak, Maryland. The conferees support FDA in its mission 
     to expand upon current research in nanotechnology and support 
     the eventual development of a Nanotechnology Core Center to 
     meet its mission.
       The conferees are aware that FDA currently inspects less 
     than 2 percent of imported seafood. Further, many of these 
     imports may contain substances that are banned in the United 
     States. Therefore, the conferees direct FDA to develop a 
     comprehensive program for imported seafood.
       The conferees note that the most recent CDC estimates are 
     that only 20 percent of foodborne illnesses are from 31 known 
     pathogens such as norovirus, salmonella and clostridium. 
     Since 80 percent of illnesses are caused by unknown sources, 
     FDA is encouraged to work with the public and private sectors 
     to gain a better understanding of the causes of illness. 
     FDA's broader understanding of unknown sources should 
     contribute towards the development of new strategies, 
     policies, and foodborne illness prevention methods. While 
     simultaneously seeking answers to unknown sources and plans 
     to address these hazards, FDA has to do a better job of 
     identifying more effective food safety activities that will 
     reduce illnesses, hospitalizations, and deaths associated 
     with the other 20 percent of foodborne illness. Within the 
     funding level for food safety, FDA is directed to develop a 
     clear strategy on how the agency can prioritize intervention 
     methods along the farm to fork continuum to reduce illness 
     once they have discovered the sources for a much greater 
     proportion of unknown agents and to tie the funding levels 
     for food safety to increased levels of activities to both the 
     known and the unknown sources of illness. The conferees 
     direct FDA to include this information in the fiscal year 
     2013 budget justifications to Congress.
       The conferees emphasize the importance of predictability 
     and transparency in the FDA approval process, and urge FDA to 
     remain focused on its core mission of ensuring the safety, 
     efficacy and security of human and veterinary drugs, 
     biological products, medical devices, fostering the 
     development of medical products to support the 
     counterterrorism effort, and helping to speed innovation of 
     safe and effective products that improve the lives of 
     patients and consumers. The conferees urge FDA to be 
     responsive, timely, and transparent throughout the approval 
     process for all human and veterinary drugs, biological 
     products, medical devices, and medical countermeasures.


                        BUILDINGS AND FACILITIES

       The conference agreement provides $8,788,000 for the Food 
     and Drug Administration Buildings and Facilities as proposed 
     by the House instead of $8,982,000 as proposed by the Senate.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

       The conference agreement provides $205,294,000, to remain 
     available until September 30, 2013, for the Commodity Futures 
     Trading Commission instead of $171,930,000 as proposed by the 
     House and $240,000,000 as proposed by the Senate.
       Of the total amount provided, the conference agreement 
     includes $55,000,000, to remain available until September 30, 
     2014, for information technology investments.
       The conferees direct the CFTC to submit, within 30 days of 
     enactment, a detailed spending plan for the allocation of the 
     funds made available, displayed by discrete program, project, 
     and activity, including staffing projections, specifying both 
     FTEs and

[[Page H7483]]

     contractors, and planned investments in information 
     technology.

                       Farm Credit Administration


                 LIMITATION ON ADMINISTRATIVE EXPENSES

       The conference agreement includes a limitation of 
     $61,000,000 on administrative expenses of the Farm Credit 
     Administration instead of $62,000,000 as proposed by the 
     House and the Senate.

                     TITLE VII--GENERAL PROVISIONS

             (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

       Section 701.--The conference agreement includes language 
     making funds available for the purchase, replacement and hire 
     of passenger motor vehicles.
       Section 702.--The conference agreement includes language 
     regarding transfers of funds to the Working Capital Fund of 
     the Department of Agriculture.
       Section 703.--The conference agreement includes language 
     limiting funding provided in the bill to one year unless 
     otherwise specified.
       Section 704.--The conference agreement includes language 
     regarding indirect cost rates on cooperative agreements 
     between the Department of Agriculture and nonprofit 
     institutions.
       Section 705.--The conference agreement includes language 
     making appropriations to the Department of Agriculture for 
     the cost of direct and guaranteed loans available until 
     expended to disburse certain obligations for certain Rural 
     Development programs.
       Section 706.--The conference agreement includes language 
     prohibiting the use of funds to establish an inspection panel 
     at the Department of Agriculture.
       Section 707.--The conference agreement includes language 
     regarding the transfer of funds to the Office of the Chief 
     Information Officer and the acquisition of information 
     technology systems.
       Section 708.--The conference agreement includes language 
     making funds available until expended to the Department of 
     Agriculture to disburse certain obligations for certain 
     conservation programs.
       Section 709.--The conference agreement includes language 
     regarding Rural Utility Service program eligibility.
       Section 710.--The conference agreement includes language 
     regarding in-kind support and Department of Agriculture 
     research grants.
       Section 711.--The conference agreement includes language 
     regarding Farm Service Agency and Rural Development funds for 
     information technology expenses.
       Section 712.--The conference agreement includes language 
     regarding the availability of funds for liquid infant 
     formula.
       Section 713.--The conference agreement includes language 
     prohibiting first-class airline travel.
       Section 714.--The conference agreement includes language 
     regarding the availability of certain funds of the Commodity 
     Credit Corporation.
       Section 715.--The conference agreement includes language 
     regarding non-emergency humanitarian food assistance.
       Section 716.--The conference agreement includes language 
     regarding certain farm programs.
       Section 717.--The conference agreement includes language 
     regarding direct loans made under the Rural Electrification 
     Act.
       Section 718.--The conference agreement includes language 
     regarding the Bill Emerson Humanitarian Trust Act.
       Section 719.--The conference agreement includes language 
     regarding funding for advisory committees.
       Section 720.--The conference agreement includes language 
     regarding the limitation on indirect costs for grants awarded 
     by the National Institute of Food and Agriculture.
       Section 721.--The conference agreement includes language 
     regarding regulations under the Grain Inspection, Packers and 
     Stockyards Administration.
       Section 722.--The conference agreement includes language 
     regarding the rescission of funds.
       Section 723.--The conference agreement includes language 
     regarding the rescission of unobligated balances.
       Section 724.--The conference agreement includes language 
     regarding section 1621 of Public Law 110-246.
       Section 725.--The conference agreement includes language 
     regarding strategic rural development planning.
       Section 726.--The conference agreement includes language 
     regarding the availability of funds for certain Department of 
     Agriculture programs.
       Section 727.--The conference agreement includes language 
     regarding a pilot program for certain forest lands.
       Section 728.--The conference agreement includes language 
     regarding user fee proposals without offsets.
       Section 729.--The conference agreement includes language 
     regarding the rescission of certain unobligated balances.
       Section 730.--The conference agreement includes language 
     regarding the reprogramming of funds.
       Section 731.--The conference agreement includes language 
     regarding fees for the guaranteed business and industry loan 
     program.
       Section 732.--The conference agreement includes language 
     regarding the conveyance of certain research facilities.
       Section 733.--The conference agreement includes language 
     regarding the appropriations hearing process.
       Section 734.--The conference agreement includes language 
     regarding food donations and the National School Lunch 
     Program.
       Section 735.--The conference agreement includes language 
     regarding the Emergency Conservation Program, the Emergency 
     Watershed Program and the Emergency Forestry Conservation 
     Program.
       Section 736.--The conference agreement includes language 
     regarding government-sponsored news stories.
       Section 737.--The conference agreement includes language 
     regarding details and assignments of Department of 
     Agriculture employees.
       Section 738.--The conference agreement includes language 
     prohibiting grants and loans to a corporation convicted of a 
     felony under Federal law.
       Section 739.--The conference agreement includes language 
     prohibiting grants and loans to corporations that have an 
     unpaid Federal tax liability.
       Section 740.--The conference agreement includes language 
     regarding certain unobligated balances.
       Section 741.--The conference agreement includes language 
     regarding emergency food aid.
       Section 742.--The conference agreement includes language 
     regarding the Department of Agriculture's wool and mohair 
     program.
       Section 743.--The conference agreement includes language 
     regarding nutrition standards for the school breakfast and 
     lunch programs.
       Section 744.--The conference agreement includes language 
     regarding the Department of Agriculture's Community 
     Facilities program.
       Section 745.--The conference agreement includes language 
     regarding eligibility for certain farm programs.
       Section 746.--The conference agreement includes language 
     regarding nutrition standards for the school breakfast and 
     lunch programs.
       Section 747.--The conference agreement includes language 
     regarding transfers of funds in certain Rural Development 
     programs.
       Section 748.--The conference agreement includes language 
     regarding the Water Bank Act.
       The conference agreement does not include a provision 
     (House Section 743) regarding an across-the-board reduction 
     to the funding levels in all accounts in titles I through IV. 
     The House funding levels stated in the Statement of Managers 
     do not reflect the impact of this reduction in each of the 
     respective accounts.
       The conference agreement does not include a provision 
     (House Section 749) on the Energy Independence and Security 
     Act of 2007. The conferees note that the enforcement of 
     section 526 of the Energy Independence and Security Act of 
     2007 may lead to higher fuel costs for federal fleets in the 
     absence of competitively priced new generation fuels that 
     emit fewer emissions. In carrying out this statute, the 
     Secretary of Agriculture, the Commissioner of the Food and 
     Drug Administration and Chairman of the Commodity Futures 
     Trading Commission should work to ensure that costs 
     associated with fuel purchases necessary to carry out the 
     missions of their respective departments or agencies should 
     be minimized to the extent possible under the law.
       The conference agreement does not include a provision 
     (House Section 750) regarding the ``Know Your Farmer, Know 
     Your Food'' initiative. The conferees direct the Department 
     to post on its website prior to any travel primarily related 
     to the ``Know Your Farmer, Know Your Food'' initiative, 
     information including the agenda and the cost of such travel. 
     In addition, within 90 days of enactment of this Act the 
     Secretary shall submit to the Committees on Appropriations of 
     the House and Senate a report on the impacts of this 
     initiative over the previous two years, and to include 
     justification for this initiative in the fiscal year 2013 
     budget explanatory notes.

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[[Page H7507]]

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

       The committee of conference approves report language 
     included in House Report 112-169 or Senate Report 112-78 that 
     is not changed by the conference. The statement of managers, 
     while repeating some language for emphasis, is not intended 
     to negate the language referred to above unless expressly 
     provided herein. In cases where both the House and Senate 
     reports address a particular issue not specifically addressed 
     in the conference report or joint statement of managers, the 
     conferees have determined the House report and the Senate 
     report are not inconsistent and are to be interpreted 
     accordingly. In cases where the House or Senate report 
     directs the submission of a report, such report is to be 
     submitted to both the House and Senate Committees on 
     Appropriations.
       The conferees expect that each department and agency funded 
     in this Act shall follow the directions set forth in this Act 
     and the accompanying statement, and shall not reallocate 
     resources or reorganize activities except as provided herein. 
     Reprogramming procedures shall apply to funds provided in 
     this Act, unobligated balances from previous appropriations 
     Acts that are available for obligation or expenditure in 
     fiscal year 2012, and non-appropriated resources such as fee 
     collections that are used to meet program requirements in 
     fiscal year 2012. These procedures are specified in section 
     505 of this Act.
       Any reprogramming request shall include any out-year 
     budgetary impacts and a separate accounting of program or 
     mission impacts on estimated carryover funds. Any program, 
     project or activity cited in the statement accompanying this 
     conference agreement, or in the accompanying reports of the 
     House or Senate and not changed by the conference, shall be 
     construed as the position of the conference and shall not be 
     subject to reductions or reprogramming without prior approval 
     of the Committees. The conferees further expect any 
     department or agency funded in this Act which plans a 
     reduction-in-force to notify by letter the Appropriations 
     Committees of the House and Senate 30 days in advance of the 
     date of any such planned personnel action.
       The conferees note that when a department or agency submits 
     a reprogramming or transfer request to the Appropriations 
     Committees of the House and Senate and does not receive 
     identical responses by the House and Senate, it shall be the 
     responsibility of the department or agency seeking the 
     reprogramming to reconcile the difference between the two 
     bodies before proceeding. If reconciliation is not possible, 
     the items in disagreement in the reprogramming or transfer 
     request shall be considered unapproved.
       In compliance with section 538 of this Act, the conferees 
     direct the Departments of Commerce and Justice, the National 
     Aeronautics and Space Administration and the National Science 
     Foundation to submit spending plans, signed by the respective 
     department or agency head, for the Committees' review within 
     45 days of enactment of this Act.

                                TITLE I

                         DEPARTMENT OF COMMERCE

       Reporting requirements.--Unless specifically noted in the 
     following narrative, the conferees adopt by reference all 
     House and Senate language regarding reports requested 
     throughout Title I. These reports shall be submitted to the 
     Committees on Appropriations within 120 days of enactment of 
     this Act.

                   International Trade Administration


                     OPERATIONS AND ADMINISTRATION

       The conference agreement includes $465,000,000 in total 
     resources for the programs of the International Trade 
     Administration (ITA). This amount is offset by $9,439,000 in 
     estimated fee collections, resulting in a direct 
     appropriation of $455,561,000.
       Travel reports.--The conferees do not adopt House language 
     regarding quarterly reports on ITA employee travel to China. 
     Additional direction on this matter is included in the 
     Departmental Management heading. Instead, per section 112 of 
     this Act, the conferees direct the Secretary to provide 
     monthly reports to the Committees on Appropriations, 
     beginning with October 1, 2011 data, including separate 
     breakouts of funding by bureau, the number of trips, and 
     purposes of travel to China. The conferees expect the first 
     such monthly report to be provided within 30 days of 
     enactment of this Act and within 30 days of the end of each 
     subsequent month.

                    Bureau of Industry and Security


                     OPERATIONS AND ADMINISTRATION

       The conference agreement includes $101,000,000 for the 
     Bureau of Industry and Security.

                  Economic Development Administration

       The conference agreement includes $457,500,000 for the 
     programs and administrative expenses of the Economic 
     Development Administration (EDA).


                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

       The conference agreement includes $420,000,000 for Economic 
     Development Assistance Programs, including $200,000,000 for 
     disaster assistance in response to natural disaster 
     declarations during fiscal year 2011. Of the amounts provided 
     for non-disaster programs, funds are to be distributed as 
     follows; any deviation of funds shall be subject to the 
     procedures set forth in section 505 of this Act:

Public Works...............................................$111,640,000
Planning.....................................................29,000,000
Technical Assistance.........................................12,000,000
Research and Evaluation.......................................1,500,000
Trade Adjustment Assistance..................................15,800,000
Economic Adjustment Assistance...............................50,060,000
                                                       ________________
                                                       
      Total................................................$220,000,000
                                                       ================

       Repatriation grants.--The conference agreement includes 
     funds as proposed by the House for EDA to use its programs as 
     a source for working with U.S. companies to bring their 
     services, manufacturing, and/or research and development 
     activities back to economically distressed regions in the 
     United States.
       Technical Assistance.--The conference agreement does not 
     adopt House report language directing that EDA provide a 
     review of the University Center program. Instead, the 
     conferees direct the Secretary of Commerce to commission an 
     independent review of the University Center program within 60 
     days of enactment of this Act. This review shall gather 
     information requested in both House and Senate reports with 
     respect to an evaluation of the University Center program.
       Trade Adjustment Assistance.--The conferees note that funds 
     provided under this activity are for manufacturing firms 
     negatively impacted by import competition.
       Economic Adjustment Assistance (EAA).--The conference 
     agreement includes funding for new loan guarantee programs as 
     authorized under sections 26 and 27 of the America COMPETES 
     Act (P.L. 111-358). The America COMPETES Act includes a 
     number of safeguards with respect to these programs and the 
     conferees expect EDA to rigorously abide by the requirements 
     outlined in this legislation under 15 U.S.C. 3721 and 15 
     U.S.C. 3722. Specifically, the Secretary, in consultation 
     with the Office of Management and Budget, shall implement 
     accountability measures that strongly protect the financial 
     interest of the United States. Finally, the conferees 
     encourage EDA to use a portion of the funds provided in this 
     Act for programs authorized under section 27 of the America 
     COMPETES Act for science parks. The conferees do not adopt 
     the Senate's separate account line for Regional Innovation 
     Partnerships and instead encourage EDA to support such 
     activities from within the EAA program. In addition, the 
     conference agreement includes up to $1,000,000 to support 
     innovative, energy efficient grant programs for small 
     businesses. The conferees remind EDA to ensure that award 
     decisions are made at the regional level rather than at 
     headquarters, that award decisions reflect geographic equity 
     and that rural areas are among those chosen when awarding EDA 
     funding.
       Base realignment and closure.--The conference agreement 
     does not adopt Senate language regarding base realignment and 
     closure matters.


                         SALARIES AND EXPENSES

       The conference agreement includes $37,500,000 for EDA 
     salaries and expenses.

                  Minority Business Development Agency


                     MINORITY BUSINESS DEVELOPMENT

       The conference agreement includes $30,339,000 for the 
     Minority Business Development Agency.

                   Economic and Statistical Analysis


                         SALARIES AND EXPENSES

       The conference agreement includes $96,000,000 for the 
     Economics and Statistics Administration.

                          Bureau of the Census

       The conference agreement includes $888,336,000 in direct 
     appropriations for the Bureau of the Census plus $55,000,000 
     from the Census Working Capital fund for a total program 
     level of $943,336,000.


                         SALARIES AND EXPENSES

       The conference agreement includes $253,336,000 for the 
     salaries and expenses of the Bureau of the Census.


                     PERIODIC CENSUSES AND PROGRAMS

       The conference agreement includes a total of $690,000,000 
     for periodic censuses and programs, including $635,000,000 in 
     direct appropriations and $55,000,000 from available Census 
     Working Capital Fund balances.

       National Telecommunications and Information Administration


                         SALARIES AND EXPENSES

       The conference agreement includes $45,568,000 for the 
     salaries and expenses of the National Telecommunications and 
     Information Administration (NTIA).
       Spectrum interference issues.--The conferees adopt by 
     reference House report language regarding the Global 
     Positioning System and direct NTIA to report to the 
     Committees on Appropriations within 60 days of enactment of 
     this Act.


    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION

       The conference agreement includes language making 
     recoveries and unobligated balances of funds previously 
     appropriated available for the administration of open grants.

               United States Patent and Trademark Office


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement includes language making available 
     to the United States Patent and Trademark Office (PTO) the 
     full amount of fiscal year 2012 fee collections.

[[Page H7508]]

     The conferees note that PTO has revised its fee estimates 
     downward twice since September 1, 2011, and now estimates 
     that it will collect $2,516,000,000 or $190,313,000 less than 
     the President's request of $2,706,313,000. The conference 
     agreement appropriates all PTO fees in accordance with 
     section 42(c) of title 35, United States Code, as amended by 
     section 22 of the Leahy-Smith America Invents Act (P. L. 112-
     29) and includes language making available to the PTO any 
     excess fee collections above the amount appropriated, 
     subject to section 505 reporting requirements in this Act. 
     The conference agreement does not include a general 
     provision carried in previous years prohibiting funds to 
     issue patents on claims directed to or encompassing a 
     human organism. This language is no longer necessary as a 
     similar permanent prohibition was enacted in the Leahy-
     Smith America Invents Act.
       National security concerns.--The conferees adopt by 
     reference House report language regarding the need to update 
     security procedures for patent applications that have 
     national security implications and direct PTO to report to 
     the Committees on Appropriations within 60 days of enactment 
     of this Act regarding practices currently used by third 
     parties to safeguard sensitive patent applications. This 
     report shall provide a framework for suggested improvements 
     for security standards used in the private sector.
       Establishment of satellite offices.--The conferees 
     encourage PTO to establish satellite offices in areas that 
     are advantageous to both PTO and its customers.

             National Institute of Standards and Technology

       The conference agreement includes $750,824,000 for the 
     National Institute of Standards and Technology (NIST).


             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

       The conference agreement includes $567,000,000 for NIST's 
     scientific and technical core programs, including $10,000,000 
     for a Cybersecurity Center of Excellence and $16,500,000 for 
     the National Strategy for Trusted Identities in Cyberspace. 
     The conferees do not adopt Senate language regarding specific 
     direction pertaining to greenhouse gas measurements but do 
     encourage NIST to pursue research in this area.


                     INDUSTRIAL TECHNOLOGY SERVICES

       The conference agreement includes $128,443,000 for the 
     Hollings Manufacturing Extension Partnership Program.


                  CONSTRUCTION OF RESEARCH FACILITIES

       The conference agreement includes $55,381,000 for NIST 
     construction. The conferees do not adopt House language 
     designating funds for ongoing construction projects but 
     expect NIST to continue to submit quarterly reports on the 
     status of all construction projects as directed by the 
     Senate.

            National Oceanic and Atmospheric Administration

       The conference agreement includes a total of $4,893,675,000 
     in discretionary funds for the National Oceanic and 
     Atmospheric Administration (NOAA). The conference agreement 
     does not establish a NOAA Climate Service as proposed by the 
     Senate.


                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes a total program level of 
     $3,139,329,000 under this account for the coastal, fisheries, 
     marine, weather, satellite and other programs of NOAA. This 
     total funding level includes: $3,022,231,000 in direct 
     appropriations; a transfer of $109,098,000 from balances in 
     the ``Promote and Develop Fishery Products and Research 
     Pertaining to American Fisheries'' account; and $8,000,000 
     derived from recoveries of prior year obligations.
       The following narrative descriptions and tables identify 
     the specific activities and funding levels included in this 
     Act.
       National Ocean Service.--The conference agreement includes 
     $465,662,000 for National Ocean Service operations, research, 
     and facilities. The conferees adopt by reference Senate 
     report language regarding Integrated Ocean and Coastal 
     Mapping but clarify that NOAA must ensure that proprietary 
     and/or commercially-important fisheries data is kept 
     confidential or is used only in aggregate datasets.
       Response and Restoration.--The conferees adopt by reference 
     House report language regarding the funds NOAA expects to 
     receive from BP in response to the Deepwater Horizon oil 
     spill in the Gulf of Mexico and direct NOAA to submit a 
     spending plan to the Committees on Appropriations within 90 
     days of enactment of this Act. The conferees adopt by 
     reference House report language regarding the Gulf of Mexico 
     Disaster Response Center and direct NOAA to provide a 
     report to the Committees on Appropriations within 60 days 
     of enactment of this Act.

                         NATIONAL OCEAN SERVICE
                  Operations, Research, and Facilities
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Navigation Services:
  Mapping and Charting:
    Mapping and Charting Base............................      $49,700
    Hydrographic Research and Technology Development.....        7,305
    Electronic Navigational Charts.......................        6,088
    Shoreline Mapping....................................        2,310
    Address Survey Backlog/Contracts.....................       28,973
                                                          --------------
  Subtotal, Mapping and Charting.........................       94,376
                                                          --------------
  Geodesy:
    Geodesy..............................................       26,647
    National Height Modernization........................        2,495
                                                          --------------
  Subtotal, Geodesy......................................       29,142
                                                          --------------
  Tide and Current Data:
    Tide and Current Data................................       27,530
                                                          --------------
  Subtotal, Tide and Current Data........................       27,530
                                                          --------------
Total, Navigation Services...............................      151,048
                                                          ==============
Ocean Resources Conservation and Assessment:
  Ocean Assessment Program:
    Integrated Ocean Observing System (IOOS).............       31,055
    NOAA IOOS............................................        6,595
    Coastal Services Center..............................       37,099
    Coral Reef Program...................................       26,746
                                                          --------------
  Subtotal, Ocean Assessment Program.....................      101,495
                                                          --------------
  Response and Restoration:
    Response and Restoration Base........................       21,531
    Estuary Restoration Program..........................        1,000
    Marine Debris........................................        5,000
                                                          --------------
  Subtotal, Response and Restoration.....................       27,531
                                                          --------------
  National Centers for Coastal Ocean Science (NCCOS):
    National Centers for Coastal Ocean Science...........       36,000

[[Page H7509]]

 
    Competitive Research.................................       11,061
                                                          --------------
  Subtotal, NCCOS........................................       47,061
                                                          --------------
Total, Ocean Resources Conservation and Assessment.......      176,087
                                                          ==============
Ocean and Coastal Management:
  Coastal Management:
    CZM Grants...........................................       66,146
    CZM and Stewardship..................................        8,000
    Regional Ocean Partnership Grants....................        3,500
    National Estuarine Research Reserve System...........       22,281
    Marine Protected Areas...............................        2,000
    Marine Sanctuary Program.............................       47,600
                                                          --------------
Total, Ocean and Coastal Management......................      149,527
                                                          ==============
Undistributed Reduction..................................      (11,000)
                                                          ==============
Total, National Ocean Service--ORF.......................     $465,662
------------------------------------------------------------------------

       National Marine Fisheries Service (NMFS).--The conference 
     agreement includes $794,210,000 for NMFS operations, 
     research, and facilities.
       Fisheries Research and Management.--The conference 
     agreement does not include Senate report language specifying 
     that priority shall be given to international Regional 
     Fishery Management Organizations but instead notes that 
     resources are provided for NMFS to update stock assessments 
     and conduct surveys in fisheries around the U.S. The 
     conferees encourage NMFS to engage the American lobster 
     industry in conducting research and surveys.
       Infectious Salmon Anemia.--Not later than six months after 
     enactment of this Act, the National Aquatic Animal Health 
     Task Force shall submit to the Senate Committee on Commerce, 
     Science, and Transportation, the House Committee on Natural 
     Resources and the House and Senate Committees on 
     Appropriations a report assessing the risk Infectious Salmon 
     Anemia poses to wild Pacific salmon and the coastal economies 
     which rely on these fish. For this report, the Task Force 
     shall establish Infectious Salmon Anemia research objectives, 
     in collaboration 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.
       National Research Council review.--The conferees do not 
     adopt House report language regarding a National Research 
     Council review but instead direct NOAA to report to the 
     Committees on Appropriations and the appropriate authorizing 
     committees within 60 days of enactment of this Act regarding 
     appropriate efforts to address the concerns outlined in the 
     letter referenced in the House report.

                    NATIONAL MARINE FISHERIES SERVICE
                  Operations, Research, and Facilities
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Protected Species Research and Management:
  Protected Species Research and Management Programs Base      $39,850
  Species Recovery Grants................................        2,797
  Marine Mammals.........................................       49,653
  Marine Turtles.........................................       12,887
  Other Protected Species (Marine Fish, Plants, and              7,038
   Invertebrates)........................................
  Atlantic Salmon........................................        5,660
  Pacific Salmon.........................................       58,566
                                                          --------------
Subtotal, Protected Species Research and Management......      176,451
                                                          --------------
Fisheries Research and Management:
  Fisheries Research and Management Programs.............      179,000
  National Catch Share Program...........................       28,000
  Expand Annual Stock Assessments / Improve Data                63,764
   Collection............................................
  Economics and Social Sciences Research.................        7,657
  Salmon Management Activities...........................       37,451
  Regional Councils and Fisheries Commissions............       31,855
  Fisheries Statistics...................................       23,224
  Fish Information Networks..............................       22,087
  Survey and Monitoring Projects.........................       21,779
  Fisheries Oceanography.................................        2,147
  American Fisheries Act.................................        3,888
  Interjurisdictional Fisheries Grants...................        1,157
  National Standard 8....................................        1,000
  Reduce Fishing Impacts on Essential Fish Habitat.......          374
  Reducing Bycatch.......................................        3,428

[[Page H7510]]

 
  Product Quality and Safety.............................        6,212
                                                          --------------
Subtotal, Fisheries Research and Management..............      433,023
                                                          --------------
Enforcement and Observers / Training:
  Enforcement............................................       66,825
  Observers / Training...................................       41,074
                                                          --------------
Subtotal, Enforcement and Observers / Training...........      107,899
                                                          --------------
Habitat Conservation and Restoration:
  Sustainable Habitat Management.........................       20,958
  Fisheries Habitat Restoration..........................       22,229
                                                          --------------
Subtotal, Habitat Conservation and Restoration...........       43,187
                                                          --------------
Other Activities Supporting Fisheries:
  Antarctic Research.....................................        1,645
  Aquaculture............................................        5,593
  Climate Regimes and Ecosystem Productivity.............        1,747
  Computer Hardware and Software.........................        1,796
  Cooperative Research...................................       11,000
  Information Analyses and Dissemination.................       15,377
  Marine Resources Monitoring, Assessment and Prediction           504
   Program...............................................
  National Environmental Policy Act......................        6,467
  NMFS Facilities Maintenance............................        3,293
  Regional Studies.......................................       10,228
                                                          --------------
Subtotal, Other Activities Supporting Fisheries..........       57,650
                                                          --------------
Undistributed Reduction..................................      (24,000)
                                                          ==============
Total, National Marine Fisheries Service--ORF............     $794,210
------------------------------------------------------------------------

       Oceanic and Atmospheric Research.--The conference agreement 
     includes $376,575,000 for Oceanic and Atmospheric Research 
     operations, research, and facilities.

               OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
                  Operations, Research, and Facilities
                       [Iin thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Climate Research:
  Laboratories and Cooperative Institutes................      $53,483
  Climate Data and Information...........................       10,439
  Competitive Research Program...........................      120,000
  Climate Operations.....................................          911
                                                          --------------
Total, Climate Research..................................      184,833
                                                          ==============
Weather and Air Quality Research:
  Laboratories and Cooperative Institutes
    Laboratories and Cooperative Institutes..............       54,505
    U.S. Weather Research Program........................        4,273
    Tornado Severe Storm Research / Phased Array Radar...       10,037
                                                          --------------
Total, Weather and Air Quality Research..................       68,815
                                                          ==============
Ocean, Coastal, and Great Lakes Research:
  Laboratories and Cooperative Institutes
    Laboratories and Cooperative Institutes..............       24,246
    National Sea Grant College Program Base..............       63,000
    Ocean Exploration and Research.......................       26,200
    Integrated Ocean Acidification.......................        6,359
                                                          --------------
Total, Ocean, Coastal, and Great Lakes Research..........      119,805
                                                          ==============
Info Tech R&D:
  High Performance Computing Initiatives.................        9,122
                                                          --------------
Total, Info Tech R&D.....................................        9,122
                                                          ==============
Undistributed Reduction..................................       (6,000)
                                                          ==============
Total, Office of Oceanic and Atmospheric Research--ORF...     $376,575
------------------------------------------------------------------------


[[Page H7511]]

       National Weather Service (NWS).--The conference agreement 
     includes $903,098,000 for NWS operations, research, and 
     facilities. Within NOAA, the conference agreement prioritizes 
     funding for these core life and safety programs.
       NWS Operations.--NOAA shall enter into a contract with an 
     independent organization with experience in assessing Federal 
     agencies for the purposes of evaluating efficiencies that can 
     be made to NWS operations. This review shall include 
     consultations with emergency managers and other user groups 
     as well as NWS employees. Any recommended efficiencies should 
     not result in any degradation of service to the communities 
     served by local forecast offices and River Forecast 
     Centers, nor should such recommendations place the safety 
     of the public at greater risk. This review shall not be 
     undertaken until the National Academy of Sciences 
     completes its review of the NWS modernization, which will 
     include recommendations on the NWS workforce and 
     composition and how NWS can improve current partnerships 
     with Federal and non-Federal partners and incorporate new 
     technologies for improved services. The findings and 
     recommendations of the National Academy of Sciences review 
     should inform this new independent assessment.
       National mesonet strategy and operations.--The conferees 
     modify Senate language regarding a national mesonet strategy 
     and operations and instead encourage NOAA to convene a peer-
     reviewed study to create a national mesonet program plan 
     within NOAA with recommendations for implementation as 
     appropriate. The conference agreement includes $12,000,000 
     for the competitive procurement of data to continue the 
     National Mesonet Program, but does not provide specific 
     funding amounts for mesonet activities as directed by the 
     Senate. Instead, the conferees encourage NOAA to support 
     proposals that can improve forecasting of severe weather 
     within local NWS field offices and can achieve effective 
     collaboration among disparate network operators to promote 
     NOAA's objective of a weather ready nation. NOAA is 
     encouraged to continue competitive programs in this area and 
     to include funding for these activities in subsequent budget 
     requests as appropriate.
       Flood forecasts.--The conference agreement does not adopt 
     Senate language directing NOAA to enter into formal 
     agreements with river commissions but does provide increased 
     funding for flood forecasts and encourages NOAA to 
     collaborate with river commissions to continue efforts to 
     ensure that critical data is coordinated and used to provide 
     accurate and timely flood forecasts.

                        NATIONAL WEATHER SERVICE
                  Operations, Research, and Facilities
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Local Warnings and Forecasts:
  Local Warnings and Forecasts...........................     $641,343
  Air Quality Forecasting................................        5,445
  Data Buoys.............................................        1,683
  Sustain Cooperative Observer Network...................        1,871
  National Mesonet Network...............................       12,000
  NOAA Profiler Network..................................        4,841
  Strengthen U.S. Tsunami Warning Network................       23,541
  Pacific Island Compact.................................        3,715
                                                          --------------
Subtotal, Local Warnings and Forecasts...................      694,439
                                                          --------------
Operations and Research:
  Advanced Hydrological Prediction Services..............        8,199
  Aviation Weather.......................................       21,538
  WFO Maintenance........................................        7,446
  Weather Radio Transmitters.............................        2,297
  Central Forecast Guidance..............................       80,771
                                                          --------------
Subtotal, Operations and Research........................      120,251
                                                          --------------
Total, Local Warnings and Forecasts, Operations and            814,690
 Research................................................
                                                          ==============
Systems Operation and Maintenance:
  NEXRAD.................................................       46,748
  Automated Surface Observing Systems....................       11,302
  Advanced Weather Interactive Processing System.........       39,846
  NWS Telecommunication Gateway / CIP....................        5,512
                                                          --------------
Total, Systems Operation and Maintenance.................      103,408
                                                          ==============
Undistributed Reduction..................................      (15,000)
                                                          ==============
Total, National Weather Service--ORF.....................     $903,098
------------------------------------------------------------------------

       National Environmental Satellite, Data and Information 
     Service.--The conference agreement includes $180,323,000 for 
     National Environmental Satellite, Data and Information 
     Service (NESDIS) operations, research and facilities. The 
     conferees provide $68,750,000 for Data Centers and 
     Information Services, of which $7,000,000 shall be for 
     Regional Climate Services and $4,600,000 is for the National 
     Coastal Data Development Center.
       Satellite outyear cost estimates.--The conferees include 
     new bill language limiting an amount of Operations, Research, 
     and Facilities funding until the NOAA Administrator provides 
     the Committees on Appropriations with revised and detailed 
     lifecycle costs of all satellite programs.

     NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE
                  Operations, Research, and Facilities
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Environmental Satellite Observing Systems
    Satellite Command and Control........................      $39,970
    NOAA Satellite Operations Facility Operations........        7,944
                                                          --------------
  Subtotal, Satellite Command and Control................       47,914
                                                          --------------
  Product Processing and Distribution
    Product Processing and Distribution..................       36,041
                                                          --------------

[[Page H7512]]

 
  Subtotal, Product Processing and Distribution..........       36,041
                                                          --------------
  Product Development, Readiness and Application
    Product Development, Readiness and Application.......       20,771
    Product Development, Readiness and Application (Ocean        4,023
     Remote Sensing).....................................
    Joint Center / Accelerate Use of Satellites..........        3,358
                                                          --------------
  Subtotal, Product Development, Readiness and                  28,152
   Application...........................................
                                                          --------------
  Commercial Remote Sensing Licensing and Enforcement....        1,308
  Office of Space Commercialization......................          653
  Group on Earth Observations............................          505
                                                          --------------
Total, Environmental Satellite Observing Systems.........      114,573
                                                          --------------
Data Centers and Information Services....................       68,750
                                                          --------------
Undistributed Reduction..................................       (3,000)
                                                          ==============
Total, NESDIS--ORF.......................................     $180,323
------------------------------------------------------------------------

       Program Support.--The conference agreement includes 
     $419,461,000 for Program Support.
       NOAA facilities.--The conferees support the requested level 
     for ``NOAA Construction'' proposed within the NOAA 
     ``Procurement, Acquisition and Construction'' account but 
     instead provide this funding within the NOAA Facilities line 
     as this request is for salaries and expenses (S&E) costs and 
     not construction. NOAA shall request future S&E funding 
     associated with construction within the ``Operations, 
     Research, and Facilities'' account. The conferees clarify 
     Senate report language regarding the NOAA Pacific Regional 
     Center in that the conferees understand that NOAA is in the 
     process of building an accompanying child development 
     facility at the NOAA Pacific Regional Center using previously 
     appropriated funds.

                             PROGRAM SUPPORT
                  Operations, Research, and Facilities
                        (In thousands of dollars)
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Corporate Services
  Under Secretary and Associate Offices Base.............       27,474
  Facilities.............................................       24,500
  NOAA-Wide Corporate Services and Agency Management Base      115,561
  DOC Accounting System..................................       10,200
  Payment to the DOC Working Capital Fund................       41,944
  IT Security............................................       11,059
                                                          --------------
Total, Corporate Services................................      230,738
                                                          --------------
NOAA Education Programs
  Competitive Educational Grants and Programs............       31,540
    Competitive Educational Grants.......................       (8,040)
      Ocean Education Partnerships.......................       (2,500)
      Geographic Literacy................................       (2,000)
    Education Partnership Program--Minority Serving            (14,300)
     Institutions........................................
    BWET.................................................       (7,200)
                                                          --------------
Subtotal, Corporate Services and Education...............      262,278
                                                          ==============
Marine and Aviation Operations and Maintenance
  Marine Services
    Marine Data Acquisition..............................      129,740
  Fleet Planning and Maintenance
    Fleet Planning and Maintenance.......................       22,035
                                                          --------------
  Subtotal, Fleet Planning and Maintenance...............       22,035
                                                          --------------
Subtotal, Marine Operations and Maintenance..............      151,775
                                                          ==============
Aviation Operations
  Aircraft Services......................................       29,358
                                                          --------------
Subtotal, Aviation Operations............................       29,358
                                                          --------------
Subtotal, Marine and Aviation Operations and Maintenance--     181,133
 ORF.....................................................
                                                          ==============
Undistributed Reduction..................................      (23,950)
                                                          ==============
Total, Program Support--ORF..............................     $419,461
------------------------------------------------------------------------

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

       The conference agreement includes a total program level of 
     $1,825,094,000 in direct obligations under this heading, of 
     which $1,817,094,000 is appropriated from the general 
     fund and $8,000,000 is derived from recoveries of prior 
     year obligations. The following narrative description and 
     table identifies the

[[Page H7513]]

     specific activities and funding levels included in this 
     Act:
       Joint Polar Satellite System (JPSS).--The conferees adopt 
     by reference all House and Senate report language regarding 
     JPSS with the exception of Senate report language regarding a 
     lifecycle cost cap. Instead, the conferees direct NOAA to 
     provide outyear funding estimates for this program prior to 
     submission of the fiscal year 2013 budget request. The 
     conferees note that new bill language is included in NOAA's 
     Operations, Research, and Facilities account which limits the 
     amount of funds that NOAA may obligate pending submission of 
     a revised spend plan for JPSS and NOAA's other satellite 
     programs. Further, the conferees direct NOAA to outline a 
     framework for developing a compensation policy that would 
     enable NOAA to be reimbursed as appropriate for the use of 
     specialized data products derived from NOAA satellite imagery 
     and data.

                PROCUREMENT, ACQUISITION AND CONSTRUCTION
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
National Ocean Service
  CELCP Acquisition
    Coastal and Estuarine Land Conservation Program......       $5,000
                                                          --------------
  Subtotal, NOS Acquisition..............................        5,000
                                                          --------------
  NERRS Construction
    National Estuarine Research Reserve Construction             1,690
     (NERRS).............................................
                                                          --------------
  Subtotal, NERRS Construction...........................        1,690
                                                          --------------
  Marine Sanctuaries Construction
    Marine Sanctuaries Base..............................        5,495
                                                          --------------
  Subtotal, Marine Sanctuary Construction................        5,495
                                                          --------------
  Subtotal, NOS Construction.............................        7,185
                                                          --------------
Total, National Ocean Service--PAC.......................       12,185
                                                          ==============
Oceanic and Atmospheric Research
  Systems Acquisition
    Research Supercomputing/CCRI.........................       10,358
                                                          --------------
  Subtotal, OAR Systems Acquisition......................       10,358
                                                          --------------
Total, Oceanic and Atmospheric Research--PAC.............       10,358
                                                          ==============
National Weather Service
  Systems Acquisition
    ASOS.................................................        1,635
    AWIPS................................................       24,364
    NEXRAD...............................................        5,819
    NWSTG Legacy Replacement.............................        1,195
    Radiosonde Network Replacement.......................        4,014
    Weather and Climate Supercomputing...................       40,169
    Cooperative Observer Network Modernization (NERON)...        3,727
    Complete and Sustain NOAA Weather Radio..............        5,594
    NOAA Profiler Conversion.............................        5,480
                                                          --------------
  Subtotal, NWS Systems Acquisition......................       91,997
                                                          --------------
  Construction
    WFO Construction.....................................        3,150
                                                          --------------
  NWS WFO Construction...................................        3,150
                                                          --------------
Total, National Weather Service--PAC.....................       95,147
                                                          ==============
National Environmental Satellite, Data, and Information
 Service
  Systems Acquisition
    Geostationary Systems--N.............................       33,967
    Geostationary Systems--R.............................      617,390
    Polar Orbiting Systems--POES.........................       34,632
    JASON-3..............................................       20,000
    Joint Polar Satellite System (formerly NPOESS).......      924,014
    DSCOVR...............................................       30,100
    EOS and Advanced Polar Data Processing...............          990
    CIP--single point of failure.........................        2,772
    Comprehensive Large Array Data Stewardship System            6,476
     (CLASS).............................................
    NPOESS Preparatory Data Exploitation.................        4,455
    Restoration of Climate Sensors.......................       28,880
                                                          --------------
  Subtotal, NESDIS Systems Acquisition...................    1,703,676
                                                          --------------
  Construction
    Satellite CDA Facility...............................        2,228
                                                          --------------
  Subtotal, NESDIS Construction..........................        2,228
                                                          --------------
Total, National Environmental Satellite, Data, and           1,705,904
 Information Service--PAC................................
                                                          ==============
Office of Marine and Aviation Operations
  OMAO--Fleet Replacement

[[Page H7514]]

 
    Fleet Capital Improvements and Tech Infusion.........       11,100
    New Vessel Construction..............................        1,400
                                                          --------------
  Subtotal, OMAO Fleet Replacement.......................       12,500
                                                          --------------
Total, Office of Marine and Aviation Operations--PAC.....       12,500
                                                          ==============
    Undistributed Reduction..............................      (11,000)
                                                          ==============
GRAND TOTAL, PAC.........................................   $1,825,094
------------------------------------------------------------------------

                    PACIFIC COASTAL SALMON RECOVERY

       The conference agreement includes $65,000,000 for Pacific 
     Coastal Salmon Recovery.


                      FISHERMEN'S CONTINGENCY FUND

       The conference agreement includes $350,000 for the 
     Fishermen's Contingency Fund.


                   FISHERIES FINANCE PROGRAM ACCOUNT

       The conference agreement includes language under this 
     heading limiting obligations of direct loans to $24,000,000 
     for Individual Fishing Quota loans and $59,000,000 for 
     traditional direct loans.

                        Departmental Management


                         SALARIES AND EXPENSES

       The conference agreement includes $57,000,000 for 
     Departmental Management salaries and expenses.
       Cybersecurity.--The conferees adopt House and Senate report 
     language regarding establishment of a cybersecurity center 
     and expect that each bureau will contribute a pro-rated 
     amount as directed by the House and that a portion of funds 
     realized from data center consolidation will be used in the 
     effort as directed by the Senate.
       Cyber-espionage.--The conferees adopt by reference House 
     report language regarding certification of information 
     technology systems but include this reporting requirement as 
     a new general provision in title V of this Act. The Secretary 
     shall report to the Committees on Appropriations on all such 
     determinations, and the process used to arrive at such 
     determinations, on a quarterly basis beginning 30 days 
     following the second quarter of fiscal year 2012.
       Travel reports.--In lieu of the House report language 
     regarding travel of ITA employees the conferees instead 
     expand this language as a Department-wide general provision 
     in this title and direct the Secretary to provide monthly 
     reports to the Committees on Appropriations, beginning with 
     October 1, 2011, data, including separate breakouts of 
     funding by bureau, the number of trips, and purposes of 
     travel to China. The conferees expect the first such monthly 
     report to be provided within 30 days of enactment of this Act 
     and within 30 days of the end of each subsequent month.
       Cooperatives.--The conferees adopt by reference House 
     report language regarding cooperatives and clarify that the 
     language shall be interpreted as referring to business 
     cooperatives.


                      RENOVATION AND MODERNIZATION

       The conference agreement includes $5,000,000 for continuing 
     renovation activities at the Herbert C. Hoover Building.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement includes $26,946,000 for the 
     Office of Inspector General. The conferees adopt Senate 
     language transferring $1,000,000 each from the Bureau of the 
     Census, the PTO and the NOAA PAC account for audits and 
     reviews of these programs.

               General Provisions--Department of Commerce


                         (INCLUDING RESCISSION)

       The conferees adopt the following general provisions for 
     the Department of Commerce:
       Section 101 makes funds available for advanced payments 
     only upon certification of officials, designated by the 
     Secretary, that such payments are considered to be in the 
     public interest.
       Section 102 makes appropriations for Department salaries 
     and expenses available for hire of passenger motor vehicles, 
     for services, and for uniforms and allowances as authorized 
     by law.
       Section 103 provides the authority to transfer funds 
     between Department of Commerce appropriation accounts and 
     requires 15 days advance notification to the Committees on 
     Appropriations for certain actions.
       Section 104 provides that any costs incurred by the 
     Department in response to funding reductions shall be 
     absorbed within the total budgetary resources available to 
     the Department and shall be subject to the reprogramming 
     limitations set forth in this Act.
       Section 105 updates Congressional notification requirements 
     for NOAA satellite programs.
       Section 106 provides for reimbursement for services within 
     Department of Commerce buildings.
       Section 107 clarifies that grant recipients under the 
     Department of Commerce may continue to deter child 
     pornography, copyright infringement, or any other unlawful 
     activity over their networks.
       Section 108 provides the Administrator with the authority 
     to avail NOAA of needed resources, with the consent of those 
     supplying the resources, to carry out responsibilities of any 
     statute administered by NOAA.


                              (RESCISSION)

       Section 109 rescinds all balances in the Coastal Zone 
     Management Fund.
       Section 110 establishes a fisheries enforcement asset 
     forfeiture fund.
       Section 111 establishes a sanctuaries enforcement asset 
     forfeiture fund.
       Section 112 establishes a reporting requirement requiring 
     Commerce to provide a monthly report on any official travel 
     to China by any Commerce employee.
       Section 113 includes a provision regarding the Convention 
     for the Conservation and Management of Highly Migratory Fish 
     Stocks in the Western and Central Pacific Ocean.

                    TITLE II--DEPARTMENT OF JUSTICE

                         General Administration


                         SALARIES AND EXPENSES

       The conference agreement includes $110,822,000 for General 
     Administration, Salaries and Expenses.
       Terrorism.--The conferees are concerned that the lack of a 
     current policy on terrorist detention may be a disincentive 
     to the capture and interrogation of terrorist suspects, 
     thereby depriving the Department of Justice (DOJ) and other 
     agencies of critical intelligence that could inform and 
     improve counterterrorism efforts. The conferees note that the 
     Attorney General co-chaired the Special Interagency Task 
     Force on Detainee Disposition that was tasked with reviewing 
     policies for the detention of individuals captured or 
     apprehended in connection with armed conflicts and 
     counterterrorism operations. The conferees direct the 
     Department, in consultation with other appropriate Federal 
     agencies, to provide to the Committees on Appropriations, not 
     later than 120 days after the enactment of this Act, an 
     unclassified report on U.S. detention policy, including the 
     legal basis for such policy, as it applies to current and 
     future terrorism detainees. If appropriate, such report may 
     be accompanied by a classified annex.
       Prison Rape Elimination Act (PREA).--The conferees affirm 
     language in the House report directing the Department to 
     publish, as soon as possible, a final rule adopting national 
     standards for the detection, prevention, reduction and 
     punishment of prison rape, as mandated by the PREA. Upon 
     adoption of the national standards, the Committees on 
     Appropriations will further examine how the Department will 
     continue efforts to provide assistance in the form of 
     training, technical assistance and implementation grants to 
     assist State, local and tribal jurisdictions in achieving 
     compliance with PREA national standards.
       With respect to auditing PREA compliance, the conferees 
     strongly encourage the Department to follow the 
     recommendations of the PREA Commission for the reasons 
     outlined in the House report. In addition, the conferees 
     concur with the Commission's proposed standard requiring 
     correctional facilities to make use of cost-effective and 
     appropriate monitoring technologies.
       Obscenity enforcement.--The conferees note the concern 
     expressed in the House report regarding the Department's 
     incorporation of the responsibilities of the Obscenity 
     Prosecution Task Force into the Child Exploitation and 
     Obscenity Section of the Criminal Division. The conferees 
     support the work of the Department in investigating and 
     prosecuting major producers and distributors of hardcore 
     adult pornography that meets the test for obscenity, as 
     defined by the Supreme Court, and expect that the 
     responsibilities that had been assigned to the Task Force 
     will not be diminished by this reorganization. The conferees 
     direct the Department to submit a report not later than 120 
     days after the enactment of this Act on its adult obscenity 
     investigation and prosecution workload statistics and 
     accomplishments, including a comparison of workload 
     statistics and accomplishments during the existence of the 
     Obscenity Prosecution Task Force, and in the period of time 
     following its incorporation into the Child Exploitation and 
     Obscenity Section of the Criminal Division.

[[Page H7515]]

       Gulf Cost Claims Facility (GCCF).--The conference agreement 
     includes language under section 220 requiring that the 
     Department identify an independent auditor to carry out an 
     evaluation of the GCCF. This evaluation should include 
     assessments of matters such as the claims determination 
     methodologies employed by the GCCF and the qualifications of 
     its personnel. The conferees encourage the Department to 
     consult with the Government Accountability Office (GAO) in 
     identifying an auditor.
       International Organized Crime (IOC) strategy.--The 
     conferees support the Department's goal of disrupting and 
     dismantling international criminal organizations that pose 
     the greatest threat to the United States. Given current and 
     anticipated future budget constraints, however, it will be 
     difficult for the Department to set aside funding to expand 
     and enhance the IOC Intelligence and Operations Center (IOC-
     2), the Organized Crime Council Program Support Office, and 
     IOC resources from other Justice components without impacting 
     staffing levels. If the IOC initiative continues to be a 
     priority in future requests, the Department should develop a 
     strategy for funding this program somewhere other than the 
     executive leadership budget.
       Tribal consultation.--The conferees are aware that the 
     Department continues to develop its formal strategy on how to 
     enhance public safety in Indian country. Not later than 120 
     days after the enactment of this Act, the Attorney General 
     shall provide the Committees on Appropriations a report on 
     how DOJ will use the tribal consultation process to further 
     streamline and coordinate programs and funding opportunities 
     for Native Americans, both within DOJ and with relevant 
     programs of the Department of the Interior.
       Violence against law enforcement personnel.--The conferees 
     are concerned about spikes in ambush-style assaults that have 
     taken the lives of law enforcement officers in recent months. 
     The conference agreement includes funds under the State and 
     Local Law Enforcement Assistance account for the Preventing 
     Violence Against Law Enforcement and Ensuring Officer 
     Resilience and Survivability Initiative (VALOR), a program 
     designed to improve officer resilience and survivability. The 
     conferees encourage the Department to make available this 
     type of training for Federal law enforcement officers to 
     further enhance the ability of these officers to anticipate 
     and survive a violent encounter.
       Spending plans.--The conferees direct the Department to 
     include in its spending plan for fiscal year 2012 a plan for 
     the use of all funding available under this heading, by 
     decision unit and office.


                   NATIONAL DRUG INTELLIGENCE CENTER

       The conference agreement includes $20,000,000 for the 
     National Drug Intelligence Center (NDIC). The conferees 
     expect that the funds provided will be used only for 
     necessary expenses related to the closing of the NDIC and the 
     reassignment of functions performed at NDIC to other entities 
     if the continuation of such functions is determined to be 
     necessary by the Attorney General. The conferees direct the 
     Department to submit to the Committees on Appropriations, not 
     later than 120 days after the enactment of this Act, a 
     detailed report of its plans regarding the closure of NDIC. 
     The Department should give priority to solutions that 
     minimize the cost to the Government and disruptions to 
     critical counterdrug and intelligence activities.


                 JUSTICE INFORMATION SHARING TECHNOLOGY

       The conference agreement includes $44,307,000 for Justice 
     Information Sharing Technology.
       Cybersecurity.--The conferees encourage the Department to 
     prioritize, within the funds provided, efforts to defend 
     proactively against and respond to cyber threats and attacks 
     against DOJ's networks.


            TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

       The conference agreement includes $87,000,000 for Tactical 
     Law Enforcement Wireless Communications.
       The conferees expect DOJ to utilize full and open 
     contracting procedures to the greatest extent possible as it 
     endeavors to migrate from its legacy wideband systems to a 
     standards-based mobile radio system. If the Department 
     determines that it is necessary to award a sole source 
     contract related to this migration, the Department shall 
     report to the Committees on Appropriations on the 
     justification for such action.
       The conferees direct the Department to submit a report not 
     later than 120 days after the enactment of this Act to the 
     Committees on Appropriations on the Department's plan for 
     moving forward with the Integrated Wireless Network (IWN) 
     initiative. This plan should identify alternative funding 
     sources and funding options for the provision, deployment, 
     maintenance and operation of a wireless network that 
     addresses security vulnerabilities, improves system 
     reliability, and achieves interoperability with other law 
     enforcement and emergency responder radio infrastructure 
     systems.


                   ADMINISTRATIVE REVIEW AND APPEALS

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $305,000,000 for the 
     Executive Office for Immigration Review (EOIR) and the Office 
     of the Pardon Attorney.
       Legal Orientation Program (LOP).--The conferees expect that 
     EOIR will continue its highly successful LOP. Apprehended 
     individuals benefit from better information about immigration 
     removal proceedings, and U.S. taxpayers benefit from reduced 
     detention costs resulting from a more efficient legal 
     process. The conferees encourage EOIR to dedicate funds to 
     the LOP, as necessary and available, to ensure the 
     continuation of this program. In addition, the conferees 
     expect EOIR to seek alien-specific detention costs and 
     duration of detention data from Immigration and Customs 
     Enforcement in order to develop a more accurate estimate of 
     the cost savings to the Federal Government provided by 
     participation in the LOP. The conferees direct EOIR to submit 
     a report to the Committees on Appropriations providing such 
     data, as well as an estimate of the cost savings generated by 
     the LOP, not later than 120 days after the enactment of this 
     Act.
       Immigration and border initiatives.--If additional funds 
     are needed to support EOIR's role in immigration and border 
     initiatives, the conferees urge the Department to submit a 
     reprogramming request in fiscal year 2012 that would 
     reallocate funds from lower priority programs to meet such 
     needs.


                           DETENTION TRUSTEE

       The conference agreement includes $1,580,595,000 for the 
     Office of the Federal Detention Trustee (OFDT).
       The conferees are aware that OFDT's resource needs are 
     directly impacted by law enforcement and prosecutorial 
     priorities, such as increases in immigration enforcement by 
     the Department of Homeland Security and efforts to combat 
     drug and gun smuggling along the Southwest Border. However, 
     the conferees remain concerned about the Department's ability 
     to anticipate the true funding needs for this account. The 
     conferees expect OFDT to keep the Committees on 
     Appropriations apprised of changes in average daily 
     population forecasts so that resource requirements for fiscal 
     year 2012 and beyond can be verified and refined, 
     particularly with regard to the impacts of law enforcement 
     initiatives on the Southwest Border. The conferees direct 
     OFDT to resume providing quarterly reports to the Committees 
     on Appropriations, which shall include the actual number of 
     individuals in the detention system, the projected number of 
     individuals in the detention system and the annualized 
     associated costs.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement includes $84,199,000 for the 
     Office of Inspector General (OIG).

                    United States Parole Commission


                         SALARIES AND EXPENSES

       The conference agreement includes $12,833,000 for the 
     salaries and expenses of the United States Parole Commission.

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

       The conference agreement includes $863,367,000 for General 
     Legal Activities.
       Human trafficking.--The conferees direct the Department to 
     maintain funding for the Human Trafficking and Slavery 
     Prosecution Unit (HTSPU) in the Civil Rights Division at not 
     less than the fiscal year 2011 funding level to continue 
     efforts to fight human trafficking and slavery.
       Human rights crimes.--The conferees remain concerned about 
     the large number of suspected human rights violators from 
     foreign countries who have found safe haven in the United 
     States, and direct the Criminal Division to continue its 
     efforts to investigate and prosecute perpetrators of serious 
     human rights crimes, including genocide, torture, use or 
     recruitment of child soldiers, and war crimes. For this 
     purpose, the conferees direct the Department to provide not 
     less than the fiscal year 2011 funding level for attorneys, 
     analysts, and support personnel in the Criminal Division to 
     investigate and prosecute individuals who violate Federal 
     laws regarding serious human rights abuses.


                 VACCINE INJURY COMPENSATION TRUST FUND

       The conference agreement includes a reimbursement of 
     $7,833,000 for DOJ expenses associated with litigating cases 
     under the National Childhood Vaccine Injury Act of 1986 
     (Public Law 99-660).


               SALARIES AND EXPENSES, ANTITRUST DIVISION

       The conference agreement includes $159,587,000 for the 
     Antitrust Division. This appropriation is offset by 
     $108,000,000 in pre-merger filing fee collections, resulting 
     in a direct appropriation of $51,587,000.


             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

       The conference agreement includes $1,960,000,000 for the 
     Executive Office for United States Attorneys (EOUSA) and the 
     94 United States Attorneys' offices.
       Human trafficking.--The conference agreement includes 
     language directing each U.S. Attorney to establish or 
     participate in a U.S. Attorney-led human trafficking task 
     force. In instances where it may be preferable, due to 
     geographical or other considerations, to operate joint human 
     trafficking task forces, joint task forces representing no 
     more than two U.S. Attorneys' offices will satisfy the 
     requirement.
       The conferees direct such task forces to engage law 
     enforcement, elected leadership, civic and faith-based groups 
     and to convene quarterly, working-level meetings where 
     Federal, State and local law enforcement are represented. 
     Task force meetings should focus specifically on combating 
     human trafficking, with an emphasis on undertaking

[[Page H7516]]

     proactive investigations. Such investigations shall include, 
     for example, the investigation of persons or entities 
     facilitating trafficking in persons through the use of 
     classified advertising on the Internet. The conferees also 
     direct the Department to submit an annual report to the 
     Committees on Appropriations regarding the work of these task 
     forces. This report shall detail the range of efforts by the 
     task forces, and include information on the use of classified 
     advertising on the Internet to facilitate trafficking and a 
     description of policies and task force actions that respond 
     to such practices.
       The conferees further direct the EOUSA, in consultation 
     with each U.S. Attorney, to designate a point of contact in 
     each U.S. Attorney's office who shall serve as the 
     coordinator for all activities within that office concerning 
     human trafficking and slavery matters covered by the 
     Trafficking Victims Protection Act.
       In addition, the conferees adopt language in the House 
     report directing the Department to undertake outreach efforts 
     in the form of public notices, such as newspaper 
     advertisements, in ethnic communities in the U.S., the home 
     countries of which represent the top ten countries with 
     regard to the prevalence of human trafficking activities and 
     to report to the Committees on Appropriations regarding such 
     outreach efforts.
       Intellectual property rights (IPR) enforcement.--The 
     conferees expect the Department to continue to make IPR 
     enforcement an investigative and prosecutorial priority for 
     Federal prosecutors. The conferees direct the Department to 
     provide to the Committees on Appropriations a report on the 
     activities of its Assistant U.S. Attorneys dedicated to 
     investigating intellectual property crimes pursuant to and 
     authorized under section 402 of the Prioritizing Resources 
     and Organization for Intellectual Property Act of 2008 
     (Public Law 110-403).
       Adam Walsh Act implementation.--The conferees expect the 
     EOUSA to continue to focus on investigations and prosecutions 
     related to the sexual exploitation of children, as authorized 
     by the Adam Walsh Child Protection and Safety Act of 2006 
     (Public Law 109-248). The conference agreement includes not 
     less than $41,000,000 for these purposes in fiscal year 2012.


                   UNITED STATES TRUSTEE SYSTEM FUND

       The conference agreement includes $223,258,000 for the 
     United States Trustee Program (USTP). The appropriation is 
     fully offset by fee collections.
       Debtor audits.--The conferees expect the USTP to make 
     debtor audits a priority and delineate, in the Department's 
     fiscal year 2012 spending plan, the allocation of funds for 
     debtor audits.


      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

       The conference agreement includes $2,000,000 for the 
     Foreign Claims Settlement Commission.


                     FEES AND EXPENSES OF WITNESSES

       The conference agreement includes $270,000,000 for Fees and 
     Expenses of Witnesses.
       Expert witnesses.--Within funds provided, the conference 
     agreement includes the requested $92,000,000 to respond to 
     the increased need for expert witnesses among the litigating 
     divisions and the U.S. Attorneys' offices. The conferees 
     expect that no funds will be expended for expert witness 
     services from any DOJ accounts except Fees and Expenses of 
     Witnesses.


           SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

       The conference agreement includes $11,456,000 for the 
     Community Relations Service.


                         ASSETS FORFEITURE FUND

       The conference agreement includes $20,948,000 for the 
     Assets Forfeiture Fund.

                     United States Marshals Service


                         SALARIES AND EXPENSES

       The conference agreement includes $1,174,000,000 for the 
     salaries and expenses of the United States Marshals Service 
     (USMS).
       Spending plan.--The conferees expect that the USMS will 
     include in its fiscal year 2012 spending plan a strategy for 
     how it will approach mandatory protective services, as well 
     as how it will respond to critical law enforcement 
     requirements and congressional mandates to address violent 
     crime reduction, enforce the Adam Walsh Act and combat 
     Southwest Border violence. To help remedy possible funding 
     shortfalls, the conferees encourage the USMS to continue 
     exploring and utilizing new technological capabilities in 
     order to further ensure the fair and efficient administration 
     of justice. If additional funds are needed to support the 
     USMS' Adam Walsh Act enforcement mission, the conferees urge 
     the Department to submit a reprogramming request in fiscal 
     year 2012 that would reallocate funds from lower priority 
     programs to meet such needs.


                              CONSTRUCTION

       The conference agreement includes $15,000,000 for 
     construction and related expenses in space controlled, 
     occupied or utilized by the USMS for prisoner holding and 
     related support.

                       National Security Division


                         SALARIES AND EXPENSES

       The conference agreement includes $87,000,000 for the 
     salaries and expenses of the National Security Division.

                      Interagency Law Enforcement


                 INTERAGENCY CRIME AND DRUG ENFORCEMENT

       The conference agreement includes $527,512,000 for the 
     Organized Crime and Drug Enforcement Task Forces (OCDETF).
       Southwest Border.--The conferees expect OCDETF to 
     prioritize the continuation of support for Assistant U.S. 
     Attorney positions and collocated Strike Forces in the 
     Southwest Border region, and to submit a report to the 
     Committees on Appropriations not later than 90 days after the 
     enactment of this Act showing the current and planned 
     distribution of personnel, by bureau, to each of the 
     collocated Strike Forces.

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

       The conference agreement includes $8,036,991,000 for the 
     salaries and expenses of the Federal Bureau of Investigation 
     (FBI). The conference agreement incorporates language in the 
     House report on analytic career path training, the Safe 
     Streets/Safe Trails Task Force program, the continuation of 
     positions for Southwest Border law enforcement, the 
     nationwide file inventory program, and the continuation of 
     positions for the investigation of white collar and financial 
     crime.
       Computer intrusions.--In recognition of the FBI's unique 
     cyber-related authorities and expertise, the conference 
     agreement includes at least the full request, an increase of 
     $18,628,000 and 42 positions, including 14 special agents, 
     above the fiscal year 2011 enacted level to further the 
     Bureau's investigatory, intelligence gathering and 
     technological capabilities to address malicious cyber 
     intrusions and protect critical infrastructure in the United 
     States from cyber attacks. The conferees direct the FBI to 
     produce an annual national cyber threat assessment, in both 
     classified and unclassified versions, and submit such report 
     to the Committees on Appropriations not later than 120 days 
     after the enactment of this Act.
       National security.--The conference agreement includes 
     program increases totaling $48,870,000 as described in the 
     House report. The conferees direct the FBI to submit a report 
     to the Committees on Appropriations not later than 120 days 
     after the enactment of this Act detailing the research 
     activities conducted under the auspices of the High-value 
     Detainee Interrogation Group, the results of such research, 
     and any recommendations for the development of new 
     techniques.
       Electronic surveillance.--The conference agreement 
     incorporates language in the House report related to 
     increases provided to improve lawful electronic surveillance 
     capabilities. The conference agreement does not include 
     language in the Senate report directing a percentage of these 
     funds to be used for Special Surveillance Groups.
       Render Safe.--The conference agreement includes a program 
     increase of $40,000,000 and 13 positions to support the 
     acquisition and refurbishment of two aircraft to carry out 
     the Render Safe mission. The conferees note that the Senate 
     had approved the use of previously appropriated funding for 
     this same purpose. The FBI shall submit a report to the 
     Committees on Appropriations not later than 120 days after 
     the enactment of this Act on the plan for Render Safe 
     procurement.
       Trafficking in persons.--The conferees agree that, within 
     the funding provided, the FBI shall increase activities 
     related to the investigation of severe forms of trafficking 
     in persons. The FBI shall submit a report to the Committees 
     on Appropriations not later than 120 days after the enactment 
     of this Act on agent utilization and overall staff resources 
     dedicated to trafficking investigations in fiscal years 2010, 
     2011 and 2012. In addition, the conferees expect the FBI to 
     share trafficking case information on an ongoing basis with 
     other law enforcement agencies and task forces working 
     similar cases. The conferees agree that funds shall be used 
     for conducting investigations into trafficking and slavery 
     and providing victim witness coordinators on an emergency 
     basis when needed.
       IPR enforcement.--The conferees agree that the FBI shall 
     continue to prioritize the investigation of IPR cases and 
     coordinate with IPR units at the U.S. Attorneys and the 
     Criminal Division. The FBI shall submit a report, not later 
     than 120 days after the enactment of this Act, on agent 
     utilization and overall staff resources dedicated to 
     investigating intellectual property cases, and an accounting 
     of the agents placed in specific field offices since fiscal 
     year 2010.
       DNA programs.--The conferees encourage the FBI to undertake 
     activities to facilitate familial DNA searches of the 
     Combined DNA Index System database of convicted offenders and 
     work with the National DNA Index System (NDIS) Procedures 
     Board to consider the establishment of procedures allowing 
     familial searches only for serious violent and sexual crimes 
     where other investigative leads have been exhausted. The 
     procedures should provide appropriate protections for the 
     privacy rights of those in the NDIS database.
       Sentinel.--The conferees continue to monitor closely 
     Sentinel, the FBI's information and investigation case 
     management system, and remain understandably concerned about 
     Sentinel's development. The FBI shall adhere to the language 
     included in the House report regarding the expectation that 
     the FBI will continue all necessary periodic oversight 
     reviews in accordance with recommendations of the Inspector 
     General, and in the Senate report regarding the prohibition 
     on spending anything in excess of $451,000,000 on Sentinel 
     without first providing notification to the Committees on 
     Appropriations and developing a work breakdown structure. In 
     addition, the conference

[[Page H7517]]

     agreement includes language under section 213 requiring the 
     Attorney General to submit to the Committees on 
     Appropriations a report containing a cost and schedule 
     estimate for the final operating capability of the Sentinel 
     program, and a detailed list of the functionalities included 
     in the final operating capability. The FBI shall submit this 
     report concurrently to the Department's OIG for review and 
     comment.
       Criminal alien identification.--The conferees direct the 
     FBI to submit a report to the Committees on Appropriations, 
     not later than 120 days after the enactment of this Act, 
     detailing the FBI's participation in Federal interagency 
     information sharing efforts to identify criminal aliens.
       Cyber training for field agents.--The conferees agree that, 
     within funds provided, the FBI shall expand training for FBI 
     cyber agents involved in national security intrusions cases. 
     Such training should focus on increasing the number of agents 
     qualified to understand current techniques and tactics used 
     by those engaged in illicit cyber activities, and respond to 
     shortfalls identified by the DOJ OIG.
       Criminal Justice Information Services Division.--The 
     conference agreement includes the full requested amount of 
     appropriated funds and user fees for the Criminal Justice 
     Information Services Division.
       Human rights violations.--The conferees direct the FBI to 
     increase efforts to investigate and support DOJ's criminal 
     prosecution of serious human rights crimes committed by 
     foreign nationals who are in the United States.
       Liaison partnerships.--The conferees support the FBI's 
     policy prohibiting any formal non-investigative cooperation 
     with unindicted co-conspirators in terrorism cases. The 
     conferees expect the FBI to insist on full compliance with 
     this policy by FBI field offices and to report to the 
     Committees on Appropriations regarding any violation of the 
     policy.


                              CONSTRUCTION

       The conference agreement includes $80,982,000 for FBI 
     Construction.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

       The conference agreement includes a direct appropriation of 
     $2,025,000,000 for the salaries and expenses of the Drug 
     Enforcement Administration (DEA). In addition, the DEA 
     expects to derive $322,000,000 from fees deposited in the 
     Diversion Control Fund to carry out the Diversion Control 
     Program. The conference agreement does not include language 
     in the House report on synthetic drugs.
       Afghanistan operations.--The conference agreement 
     incorporates language in the House report regarding DEA's 
     Afghanistan operations. The conferees direct the DEA to 
     report to the Committees on Appropriations, not later than 30 
     days after enactment of this Act, on DEA's planned presence 
     and operations activities in Afghanistan, expected transfers 
     of funding from other Departments or agencies, and DEA's 
     direct appropriations requirements for such activities.
       Field staffing.--The conference agreement incorporates 
     language in the House report concerning a reporting 
     requirement on personnel vacancy rates. The conferees agree 
     that the DEA shall provide such report to the Committees on 
     Appropriations not later than 120 days after the enactment of 
     this Act.


                              CONSTRUCTION

       The conference agreement includes $10,000,000 for DEA 
     Construction. The conferees expect this funding level to 
     support an expansion of the El Paso Intelligence Center 
     facility to accommodate approximately 100 additional staff.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

       The conference agreement includes $1,152,000,000 for the 
     salaries and expenses of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives (ATF). The conference agreement also 
     includes language permanently prohibiting the Department from 
     consolidating or centralizing the records of the acquisition 
     and disposition of firearms maintained by firearms dealers 
     and permanently prohibiting the Department from 
     electronically retrieving information provided to the 
     Attorney General by firearms dealers that have gone out of 
     business.
       Operation Fast and Furious.--The conferees are concerned by 
     allegations that ATF mismanaged a U.S.-Mexico border 
     operation known as Fast and Furious, and expect that the 
     Department's OIG, to which the investigation of this matter 
     has been referred by the Attorney General, will fulfill its 
     oversight duties by conducting a thorough investigation. The 
     conferees expect the Department and ATF to cooperate fully 
     with all oversight investigations into Operation Fast and 
     Furious--whether by the OIG, an independent, government-
     appointed investigator, or Congress--by promptly and 
     thoroughly responding to all requests for information 
     regarding this matter.
       Furthermore, the conferees are aware that the Attorney 
     General has instructed, and subsequently reiterated, that 
     Department law enforcement personnel are not knowingly to 
     allow any firearms to be illegally transported into Mexico 
     for any reason. Finally, the conferees note that Operation 
     Fast and Furious is but a small part of ATF's extensive 
     operations along the Southwest Border and should not detract 
     from ATF's efforts to protect Americans from illegal firearms 
     trafficking, gun violence, and parallel drug and human 
     trafficking across the U.S.-Mexico border and into the 
     Nation's interior.
       United States-Mexico firearms trafficking.--Beginning in 
     fiscal year 2012 and thereafter, the ATF shall provide the 
     Committees on Appropriations with annual data on the total 
     number of firearms recovered by the Government of Mexico, and 
     of those, the number for which an ATF trace is attempted, the 
     number successfully traced and the number determined to be 
     manufactured in or imported into the United States prior to 
     being recovered in Mexico.
       National Integrated Ballistic Information Network 
     (NIBIN).--The conferees continue to support the NIBIN, 
     including the significant investment made by State and local 
     law enforcement partners to build the current NIBIN database. 
     The conferees believe that ATF should move expeditiously to 
     ensure that ballistic imaging technology is routinely 
     refreshed, upgraded and deployed to State and local law 
     enforcement. The conferees urge ATF to prioritize the 
     upgrading and replacement of aging ballistic imaging 
     equipment in its fiscal year 2012 operating plan and in 
     future budget requests. ATF should ensure upgrades and 
     replacements maximize and protect the resources invested by 
     State and local law enforcement.

                         Federal Prison System


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $6,551,281,000 for the 
     salaries and expenses of the Federal Prison System.
       Activations and expansions.--The conference agreement 
     includes funds for the commencement or completion of 
     activation of new prison facilities constructed by the Bureau 
     of Prisons (BOP). The conferees expect BOP to make adherence 
     to the activation schedule for these prisons, as detailed in 
     BOP's fiscal year 2012 budget submission, a top priority, and 
     to immediately notify the Committees on Appropriations of any 
     changes to this schedule. In addition, as part of the 
     Department's fiscal year 2012 spending plan, BOP shall 
     include the allocation of funds by decision unit.
       Radicalization in Federal prisons.--The conference 
     agreement incorporates language in the House report regarding 
     radicalization in Federal prisons and the conferees instruct 
     the Department to take the necessary actions to eliminate 
     prisoner access to radicalizing material. The conferees 
     further direct the Department to submit a report to the 
     Committees on Appropriations not later than 120 days after 
     the enactment of this Act on its maintenance of a central 
     registry of acceptable materials and the processes employed 
     to ensure that potentially radicalizing materials are not 
     included.
       Work in prisons.--The conferees affirm the language in the 
     House report expressing the belief that increasing work 
     opportunities for Federal prisoners is an important priority. 
     Statistics from BOP indicate that inmates who participate in 
     work programs are 24 percent less likely to offend again, 14 
     percent more likely to find work outside of prison and 23 
     percent less likely to have misconduct issues in prison. The 
     conferees direct the Department to report to the Committees 
     on Appropriations not later than 120 days after the enactment 
     of this Act on actions taken and planned to increase 
     meaningful work opportunities available to inmates.
       Sentence reduction opportunities.--The conferees are 
     concerned that the current upward trend in the prison inmate 
     population is unsustainable and, if left unchecked, will 
     eventually engulf the Department's budgetary resources. The 
     conferees encourage BOP to work with the authorizing 
     committees on proposals that reduce both recidivism and 
     appropriations requirements.
       Employee retaliation.--The conferees are concerned that BOP 
     employees were cited recently by the Equal Employment 
     Opportunity Commission (EEOC) as having the highest and most 
     widespread fear of retaliation compared to the rest of the 
     Federal workforce. The conferees expect BOP to certify to the 
     Committees on Appropriations that it has implemented and met 
     the recommendations included in the EEOC's November 2010 
     Final Program Evaluation Report for the Federal Bureau of 
     Prisons, and submit concurrently a report on its compliance 
     with the recommendations to the Department's OIG for review 
     and comment.


                        BUILDINGS AND FACILITIES

       The conference agreement includes $90,000,000 for the 
     construction, acquisition, modernization, maintenance and 
     repair of prison and detention facilities housing Federal 
     inmates.
       Status of construction reports.--The conferees direct BOP 
     to resume providing to the Committees on Appropriations, not 
     later than 30 days after the enactment of this Act, the most 
     recent monthly status of construction report and to notify 
     the Committees on Appropriations of any deviations from the 
     construction and activation schedule identified in that 
     report, including detailed explanations of the causes of 
     delays and actions proposed to address them.


   LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, 
                              INCORPORATED

       The conference agreement includes a limitation on 
     administrative expenses of $2,700,000 for Federal Prison 
     Industries, Incorporated.
       Federal Prison Industries (FPI).--In addition to its 
     function as a reentry tool, the conferees believe that FPI, 
     if allowed to enter

[[Page H7518]]

     into partnerships with private businesses, could bring some 
     lost manufacturing back into the United States while 
     providing inmates with opportunities to learn skills that 
     will be marketable after release. Therefore, the conference 
     agreement includes language under section 221 of this Act to 
     allow FPI to carry out pilot projects to produce items that 
     are currently manufactured outside of the United States.

               State and Local Law Enforcement Activities

       In total, the conference agreement includes $2,227,300,000 
     for State and local law enforcement and crime prevention 
     programs.
       Salaries and expenses.--The Omnibus Appropriations Act, 
     2009 (P.L. 111-8) established a common salaries and expenses 
     appropriation to provide for the cost of all management and 
     administration activities of the Department's grant offices. 
     The establishment of this account was in response to 
     inadequate agency budgeting mechanisms for management and 
     administration activities and a lack of transparency about 
     the actual costs of those activities. Since fiscal year 2009, 
     the grant offices have made important and marked progress in 
     this regard.
       During fiscal year 2012, the conferees direct the 
     Department to support management and administration expenses 
     with program funding subject to the submission of details 
     related to planned management and administration expenses, by 
     program, as part of the Department's fiscal year 2012 
     spending plan. In addition, the spending plan should include 
     planned expenses for training and technical assistance, 
     research and statistics activities, interagency agreements, 
     cooperative agreements and peer review, along with any 
     additional general category of expense other than grants. The 
     conferees encourage grant offices to minimize administrative 
     spending in order to maximize the amount of funding that can 
     be used for grants or training and technical assistance.
       As part of the budget submission for future fiscal years, 
     the Department is directed to detail the actual costs for 
     each grant office in each of the categories noted above for 
     the prior fiscal year, by program, along with estimates of 
     planned expenditures for each grant office in each of these 
     categories, by program, for the current year and the budget 
     year. In addition, the Office of Justice Programs (OJP), the 
     Office on Violence Against Women (OVW), and the Office of 
     Community Oriented Policing Services (COPS) are directed to 
     report to the Committees on Appropriations on their formal 
     definitions of management and administration costs or on the 
     detailed guidance that governs decisions about the types of 
     costs that should be considered management and administration 
     costs.
       Workload analysis.--The conferees are aware that OVW, OJP 
     and COPS have each initiated a workload analysis to ensure 
     that their respective staffing levels and mix of personnel 
     accurately reflect workload and requirements. The conferees 
     direct each office to provide a report to the GAO and the 
     Committees on Appropriations not later than 120 days after 
     the enactment of this Act describing its updated staffing 
     model based on the results of its workload analysis. In 
     addition, the conferees direct GAO to examine each office's 
     staffing model and report to the Committees on 
     Appropriations, not later than 6 months after the date the 
     offices submit their reports, with an evaluation of the 
     models, and recommendations (as warranted), on how each 
     office's staffing model could be further improved.
       Non-compliant grantees.--The conference agreement 
     incorporates language from the Senate report noting that OJP, 
     COPS and OVW appear to be using different sanctions and 
     remedies for grantees that are determined to be out of 
     compliance with grant requirements. The conferees expect the 
     Department to work to consolidate rules and procedures across 
     the three offices in order to produce the most consistent 
     compliance enforcement process possible.
       Evidence-based programs.--The conferees strongly urge OJP, 
     COPS and OVW to ensure that, to the greatest extent 
     practicable, competitive grants are used for evidence-based 
     programs and activities.

                    Office on Violence Against Women


       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

       The conference agreement includes $412,500,000 for OVW. 
     These funds are distributed as follows:

       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
STOP Grants..............................................     $189,000
Transitional Housing Assistance..........................       25,000
Research and Evaluation on Violence against Women........        3,000
Grants to Encourage Arrest Policies......................       50,000
  Homicide Reduction Initiative..........................       (4,000)
Sexual Assault Victims Services..........................       23,000
Rural Domestic Violence and Child Abuse Enforcement......       34,000
Violence on College Campuses.............................        9,000
Civil Legal Assistance...................................       41,000
Elder Abuse Grant Program................................        4,250
Safe Havens Program......................................       11,500
Education and Training for Disabled Female Victims.......        5,750
Court Training and Improvements Program..................        4,500
Research on Violence against Indian Women................        1,000
Consolidated Youth-oriented Program......................       10,000
National Resource Center on Workplace Responses..........        1,000
Indian Country--Sexual Assault Clearinghouse.............          500
                                                          --------------
  TOTAL, Violence Against Women Prevention and                $412,500
   Prosecution Programs..................................
------------------------------------------------------------------------

                       Office of Justice Programs


                  RESEARCH, EVALUATION, AND STATISTICS

       The conference agreement includes $113,000,000 for the 
     Research, Evaluation, and Statistics account, formerly known 
     as the Justice Assistance account. These funds are 
     distributed as follows:

                  RESEARCH, EVALUATION, AND STATISTICS
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Bureau of Justice Statistics.............................      $45,000
  National Crime Victimization Survey (NCVS).............      (26,000)
  Redesign Work for the NCVS.............................      (10,000)
  Indian Country Statistics..............................         (500)
National Institute of Justice............................       40,000
  Transfer to NIST/OLES for DNA/Forensics................       (5,000)
Evaluation Clearinghouse (What Works Repository).........        1,000
Regional information sharing activities..................       27,000
                                                          --------------
  TOTAL, Research, Evaluation, and Statistics............     $113,000
------------------------------------------------------------------------


[[Page H7519]]

       Spending plans.--The conferees direct the Department to 
     include in its spending plan for fiscal year 2012 a plan for 
     the use of all funding administered by the National Institute 
     of Justice (NIJ) and the Bureau of Justice Statistics (BJS), 
     including funding provided for domestic radicalization 
     research under the State and Local Law Enforcement Assistance 
     account. The conferees expect NIJ to carry out new 
     initiatives proposed for fiscal year 2012 to the extent 
     possible within the funds provided, including initiatives in 
     the following areas: maximizing the value of forensic 
     evidence; establishing the effectiveness of criminal justice 
     diversion methods and strategies; eliminating rape kit 
     backlogs (pilots); conducting Indian country crime and 
     victimization research; improving prescription drug 
     monitoring; improving inmate reentry; improving risk-based 
     decision-making in the criminal justice system; and 
     establishing a better understanding of the risk-based factors 
     leading to domestic radicalization and related acts of 
     violence/terrorism, among others.
       Evaluation Clearinghouse.--The conferees adopt the language 
     in the Senate report regarding funding for an Evaluation 
     Clearinghouse/What Works Repository.


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

       The conference agreement includes $1,162,500,000 for State 
     and Local Law Enforcement Assistance programs. These funds 
     are distributed as follows:

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
                        [in thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants.................     $470,000
  Domestic Radicalization Research.......................       (4,000)
  Criminal Justice Reform and Recidivism Reduction.......       (6,000)
  Presidential Nominating Convention Security............     (100,000)
  State and Local Anti-terrorism Training................       (2,000)
  State and Local Assistance Help Desk and Diagnostic           (4,000)
   Center................................................
  VALOR Initiative.......................................       (2,000)
State Criminal Alien Assistance Program..................      240,000
Border Prosecutor Initiative.............................       10,000
Byrne Competitive Grants.................................       15,000
Missing Alzheimer's Patients Grants......................        1,000
Victims of Trafficking Grants............................       10,500
Drug Courts..............................................       35,000
Prescription Drug Monitoring.............................        7,000
Prison Rape Prevention and Prosecution...................       12,500
Residential Substance Abuse Treatment....................       10,000
Capital Litigation and Wrongful Conviction Review........        3,000
Mentally Ill Offender Act................................        9,000
Tribal Assistance........................................       38,000
Economic, High-tech and Cybercrime Prevention............        7,000
CASA--Special Advocates..................................        4,500
Bulletproof Vests........................................       24,000
  Transfer to NIST/OLES..................................       (1,500)
National Instant Criminal Background Check System........        5,000
Criminal Records Upgrade.................................        6,000
Second Chance Act/Offender Reentry.......................       63,000
  Smart Probation........................................       (4,000)
John R. Justice Grant Program............................        4,000
Paul Coverdell Forensic Science..........................       12,000
Adam Walsh Act Implementation............................       20,000
Children Exposed to Violence Initiative..................       10,000
Byrne Criminal Justice Innovation Program................       15,000
Violent Gang and Gun Crime Reduction.....................        5,000
National Sex Offender Public Web Site....................        1,000
DNA Initiative...........................................      125,000
  Debbie Smith DNA Backlog Grants........................     (117,000)
  Post-Conviction DNA Testing Grants.....................       (4,000)
  Sexual Assault Forensic Exam Program Grants............       (4,000)
                                                          --------------
  TOTAL, State and Local Law Enforcement Assistance......   $1,162,500
------------------------------------------------------------------------

       Presidential nominating conventions.--The conference 
     agreement includes $100,000,000 to address extraordinary 
     local law enforcement costs related to the 2012 presidential 
     nominating conventions. The conferees note that the 
     Department failed to request any funding for this activity, 
     and expect that future budget requests will address known 
     resource requirements associated with convention security. 
     The conferees expect that the funds included in this 
     agreement will be used solely for extraordinary law 
     enforcement expenses incurred with respect to local law 
     enforcement's role in providing security for these events. 
     The conferees expect the Department to develop clear 
     guidelines to govern allowable expenses, and all payments 
     or reimbursements shall be reviewed and approved by the 
     Department, as well as audited by the OIG, to ensure 
     efficiency and accountability. Finally, the conferees 
     expect that planning committees for the nominating 
     conventions will assist in addressing security needs to 
     the greatest extent possible from other funding sources.
       Human trafficking.--The conference agreement includes 
     $10,500,000 for human trafficking task force activities and 
     services for U.S. citizens, permanent residents and foreign 
     nationals who are victims of trafficking. The conferees 
     expect that the human trafficking task forces funded by the 
     Department will continue to bring together Federal, State and 
     local law enforcement and victim services organizations to 
     investigate all forms of human trafficking and assist the 
     victims. OJP shall consult with stakeholder groups in 
     determining the overall allocation of Victims of Trafficking 
     funding, including with respect to amounts allocated to 
     assist foreign national victims, and provide to the 
     Committees on Appropriations a plan for the use of these 
     funds as part of the Department's fiscal year 2012 spending 
     plan. The plan should be guided by the best information 
     available on the regions of the United States with the 
     highest incidence of trafficking.
       Reentry.--The conferees urge OJP to assist in the 
     development of State reentry councils in order to foster 
     State-level advancements in reentry and recidivism reduction.
       Second Chance Act.--The conferees direct the Department to 
     submit, as part of its spending plan for fiscal year 2012 a 
     plan for the allocation of funds appropriated for Second 
     Chance Act programs.
       Sex offender location, arrest and prosecution/Adam Walsh 
     Act implementation.--The conference agreement includes 
     $20,000,000 to support the administration's proposal to help 
     States, Indian tribes and territories come into compliance 
     with the Sex Offender Registration and Notification Act 
     (SORNA), as well as provide for sex offender management and 
     treatment. These grants will provide critical support to the 
     comprehensive, nationwide effort to locate, register, 
     monitor, apprehend, prosecute and manage child sexual 
     predators and exploiters that was envisioned by SORNA.
       DNA backlog/crime lab improvements.--The conferees continue 
     Congress' strong support for DNA backlog reduction and crime 
     lab improvements by recommending $125,000,000 to strengthen 
     and improve Federal and State DNA collection and analysis 
     systems that can be used to accelerate the prosecution of the 
     guilty while simultaneously protecting the innocent from 
     wrongful prosecution. Within the funding provided, the 
     conference

[[Page H7520]]

     agreement includes $4,000,000 each for Post-Conviction DNA 
     Testing grants, and Sexual Assault Forensic Exam Program 
     grants. The conferees expect that OJP will make funding for 
     DNA analysis and capacity enhancement a priority to meet the 
     purposes of the Debbie Smith DNA Backlog Grant Program. The 
     conferees direct the Department to submit both a spending 
     plan with respect to funds appropriated for DNA-related 
     programs, and a report on the alignment of appropriated funds 
     with the authorized purposes of the Debbie Smith DNA Backlog 
     Grant Program, as part of the Department's spending plan for 
     fiscal year 2012.
       In addition, the conferees direct the GAO to examine the 
     use of funds awarded for DNA analysis and capacity 
     enhancement in the past five years that were awarded to any 
     entity other than to a State or local public DNA laboratory. 
     GAO's examination should include an evaluation of the 
     methodology employed in creating the solicitations and the 
     process for awarding these funds; the extent to which DOJ has 
     assessed whether the results of the awards are making a 
     measurable impact with respect to reducing backlogs and 
     increasing capacity; and how the objectives of the 
     solicitations have been fulfilled. The study should also 
     include an analysis of how NIJ inventories and compiles grant 
     data and results, including a breakdown of the funds provided 
     to non-government DNA laboratories on an annual basis, and a 
     description of the contribution of NIJ toward increasing 
     capacity and reducing backlogs for government DNA 
     laboratories. Lastly, the study should detail the proportion 
     of DNA funding annually provided to State and local 
     laboratories, non-government entities, NIJ's DNA program 
     office, and other uses by NIJ such as overhead, travel and 
     conferences.
       National technical assistance and training.--The conferees 
     affirm language in the Senate report encouraging the 
     Department to continue its efforts to assist States in the 
     development and use of criminal justice information systems 
     that accelerate the automation of identification processes 
     for fingerprints and other criminal justice data, and which 
     improve the compatibility of State and local law enforcement 
     systems with the FBI's Integrated Automated Fingerprint 
     Identification System.
       National Motor Vehicle Title Information System (NMVTIS).--
     The conference agreement incorporates language in the Senate 
     report on the use of NMVTIS as an effective tool to prevent 
     the fraudulent use of vehicle title documents, investigate 
     vehicle thefts and thwart terrorist financing activities.
       Tribal assistance.--The conference agreement includes 
     $38,000,000 for tribal grant programs. The conferees expect 
     OJP to consult closely with tribal stakeholders in 
     determining how tribal assistance funds will be allocated 
     among grant programs that help improve public safety in 
     tribal communities, such as grants for detention facilities 
     under section 20109 of subtitle A of title II of the Violent 
     Crime Control and Law Enforcement Act of 1994 (Public Law 
     103-322), civil and criminal legal assistance as authorized 
     by title I of Public Law 106-559, tribal courts, and alcohol 
     and substance abuse reduction assistance programs. The 
     conferees direct OJP to submit, as part of the Department's 
     spending plan for fiscal year 2012, a plan for the use of 
     these funds that has been informed by such consultation. The 
     conferees note that the conference agreement includes 
     additional grant funding for tribal law enforcement programs 
     through COPS and OVW.
       Direct legal representation of crime victims.--The 
     conference agreement incorporates language in the Senate 
     report directing the Office for Victims of Crime to submit a 
     report to the Committees on Appropriations within 60 days of 
     notifying States of their Victims of Crime Act victim 
     assistance formula allocation for fiscal year 2012.


                       JUVENILE JUSTICE PROGRAMS

       The conference agreement includes $262,500,000 for Juvenile 
     Justice programs. These funds are distributed as follows:

                        JUVENILE JUSTICE PROGRAMS
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Part B--State Formula Grants.............................      $40,000
Youth Mentoring Grants...................................       78,000
Title V--Delinquency Prevention Incentive Grants.........       20,000
  Tribal Youth...........................................      (10,000)
  Gang and Youth Violence Education and Prevention.......       (5,000)
  Alcohol Prevention.....................................       (5,000)
Victims of Child Abuse Programs..........................       18,000
Juvenile Accountability Block Grants.....................       30,000
Community-Based Violence Prevention Initiatives..........        8,000
Missing and Exploited Children Programs..................       65,000
Training for Judicial Personnel..........................        1,500
National Forum on Youth Violence Prevention..............        2,000
                                                          --------------
  TOTAL, Juvenile Justice Programs.......................     $262,500
------------------------------------------------------------------------

       Youth mentoring grants.--The conferees direct OJP to 
     submit, as part of the Department's spending plan for fiscal 
     year 2012, a report detailing the criteria and methodology 
     that will be used to award youth mentoring grants and a 
     spending plan for youth mentoring funds. The conferees expect 
     that the Office of Juvenile Justice and Delinquency 
     Prevention (OJJDP) will take all steps necessary to ensure 
     fairness and objectivity in the award of these and future 
     competitive grants.
       Missing and exploited children/Internet Crimes Against 
     Children (ICAC).--The conference agreement includes 
     $65,000,000 for missing and exploited children programs, 
     including funds for the ICAC task force program, to continue 
     to expand efforts to protect the Nation's children, focusing 
     on the areas of locating missing children, and addressing the 
     growing wave of child sexual exploitation facilitated by the 
     Internet. The conferees direct OJP to provide a spending plan 
     for the use of these funds as part of the Department's 
     spending plan for fiscal year 2012. The conferees are aware 
     that one way OJP addresses the proliferation of Internet 
     crimes against children is through ICAC task forces. With 
     regard to ICAC task forces, the conferees encourage the 
     Department to fund programs with proven training results and 
     low administrative costs.
       Victims of Child Abuse Act.--The conference agreement 
     includes $18,000,000 for the various programs authorized 
     under the Victims of Child Abuse Act (Public Law 101-647). 
     Within the funds provided, $5,000,000 shall be used to fund 
     Regional Children's Advocacy Centers Programs.


                     PUBLIC SAFETY OFFICER BENEFITS

       The conference agreement includes $78,300,000 for the 
     Public Safety Officer Benefits program for fiscal year 2012. 
     Within the funds provided, $62,000,000 is for death benefits 
     for survivors, an amount estimated by the Congressional 
     Budget Office that is considered mandatory for scorekeeping 
     purposes. In addition, $16,300,000 is provided for disability 
     benefits for public safety officers permanently and totally 
     disabled as a result of a catastrophic injury and for 
     education benefits for the spouses and children of officers 
     killed in the line of duty or permanently and totally 
     disabled as a result of a catastrophic injury sustained in 
     the line of duty.

                  Community Oriented Policing Services


             COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

       The conference agreement includes $198,500,000 for COPS 
     programs, as follows:

                  COMMUNITY ORIENTED POLICING SERVICES
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Transfer to DEA for Methamphetamine Lab Cleanups.........       12,500
Tribal Resources Grant Program...........................       20,000
COPS Hiring Grants.......................................      166,000
  Transfer to Tribal Resources Grant Program.............      (15,000)
  Community Policing Development/Training and Technical        (10,000)
   Assistance............................................
                                                          --------------

[[Page H7521]]

 
  TOTAL, Community Oriented Policing Services............     $198,500
------------------------------------------------------------------------

       Tribal Resources Grant Program (TRGP).--The conference 
     agreement provides a total of $35,000,000 in funding targeted 
     entirely to tribal communities through the TRGP. Within the 
     TRGP, $20,000,000 is provided through direct appropriations 
     and $15,000,000 is provided by transfer from the COPS Hiring 
     program. The conferees note that all funds available to the 
     TRGP may be used for equipment and hiring or training of 
     tribal law enforcement.

               General Provisions--Department of Justice

       The conference agreement includes the following general 
     provisions for the Department of Justice:
       Section 201 makes available additional reception and 
     representation funding for the Attorney General from the 
     amounts provided in this title.
       Section 202 prohibits the use of funds to pay for an 
     abortion, except in the case of rape or to preserve the life 
     of the mother.
       Section 203 prohibits the use of funds to require any 
     person to perform or facilitate the performance of an 
     abortion.
       Section 204 establishes the obligation of the Director of 
     the Bureau of Prisons to provide escort services to an inmate 
     receiving an abortion outside of a Federal facility, except 
     where this obligation conflicts with the preceding section.
       Section 205 establishes the conference agreement's 
     requirements and procedures for transfer proposals.
       Section 206 authorizes the Attorney General to extend an 
     ongoing Personnel Management Demonstration Project.
       Section 207 extends specified authorities to the ATF for 
     undercover operations.
       Section 208 prohibits the use of funds for transporting 
     prisoners classified as maximum or high security, other than 
     to a facility certified by the BOP as appropriately secure.
       Section 209 prohibits the use of funds for the purchase or 
     rental by Federal prisons of audiovisual equipment, services 
     and materials used primarily for recreational purposes, 
     except for those items and services needed for inmate 
     training, religious or educational purposes.
       Section 210 requires review by the Deputy Attorney General 
     and the Department Investment Review Board prior to the 
     obligation or expenditure of funds for major information 
     technology projects.
       Section 211 requires the Department to follow reprogramming 
     procedures prior to any deviation from the program amounts 
     specified in this title or the reuse of specified deobligated 
     funds provided in previous years.
       Section 212 prohibits the use of funds for A-76 
     competitions for work performed by employees of the BOP or 
     FPI, Inc.
       Section 213 requires a cost and schedule report on the 
     Sentinel program.
       Section 214 prohibits U.S. Attorneys from holding 
     additional responsibilities that exempt U.S. Attorneys from 
     statutory residency requirements.
       Section 215 permits up to 3 percent of grant and 
     reimbursement program funds made available to OJP to be used 
     for training and technical assistance; permits up to 2 
     percent of grant funds made available to that office to be 
     used for criminal justice research, evaluation and statistics 
     by NIJ and BJS; and directs that of such amounts transferred 
     to NIJ and BJS, $1,300,000 shall be transferred to the BOP.
       Section 216 gives the Attorney General the authority to 
     waive matching requirements for Second Chance Act adult and 
     juvenile reentry demonstration projects; State, tribal and 
     local reentry courts; and drug treatment programs.
       Section 217 waives the requirement that the Attorney 
     General reserve certain funds from amounts provided for 
     offender incarceration.
       Section 218 permits the use of appropriated funds for 
     travel and healthcare of personnel serving abroad.
       Section 219 prohibits funds, other than funds for the 
     national instant criminal background check system established 
     under the Brady Handgun Violence Prevention Act, from being 
     used to facilitate the transfer of an operable firearm to a 
     known or suspected agent of a drug cartel where law 
     enforcement personnel do not continuously monitor or control 
     such firearm.
       Section 220 requires the Attorney General to identify an 
     auditor to evaluate the GCCF.
       Section 221 allows Federal Prison Industries to participate 
     in the Prison Industries Enhancement Certification program 
     and allows FPI to carry out pilot projects to produce items 
     that are no longer produced in the United States.

                           TITLE III--SCIENCE

                Office of Science and Technology Policy

       The conference agreement includes $4,500,000 for the Office 
     of Science and Technology Policy (OSTP).
       Cooperation with China.--In fiscal year 2011, OSTP, acting 
     on guidance from the Department of Justice and the Office of 
     White House Counsel, engaged in bilateral activities with the 
     Chinese government that the Government Accountability Office 
     (GAO) found to be prohibited by section 1340 of the 
     Department of Defense and Full Year Continuing Appropriations 
     Act, 2011 (P.L. 112-10). Section 1340 was enacted due to 
     congressional concern that our scientific cooperation with 
     the Chinese government was failing to sufficiently take into 
     account the risks posed by such activities. These risks 
     include the transfer of sensitive technology, data and other 
     information that could adversely impact our national security 
     or disadvantage American companies relative to their Chinese 
     counterparts.
       The conference agreement contains language restricting any 
     OSTP activities that would carry the risk of such transfers 
     to China while allowing (subject to certification and 
     notification requirements) other activities to proceed. This 
     should enable OSTP to engage in beneficial collaborative 
     endeavors, such as public health planning or disaster 
     response activities, while providing greater protection for 
     U.S. economic and national security interests.
       Science, Technology, Engineering and Math (STEM) 
     education.--The conferees support OSTP's recent efforts to 
     improve and better coordinate Federal STEM education programs 
     and to develop a government-wide STEM education strategic 
     plan. The conferees encourage OSTP to include in the 
     strategic plan goals relating to the improved dissemination 
     of STEM education research and best practices.
       Neuroscience.--The conferees believe there is a potential 
     in the near future for significant, transformative advances 
     in our fundamental understanding of learning, brain 
     development, and brain health and recovery. Such advances 
     will require enhanced tools to better understand the working 
     of the brain, enhanced data and data infrastructure, and 
     expanded interdisciplinary and large-scale research efforts. 
     Neuroscience research is supported by the National 
     Institutes of Health, the National Science Foundation 
     (NSF), the Department of Veterans Affairs, the Department 
     of Defense and other Federal agencies. The conferees 
     encourage OSTP to establish, through the National Science 
     and Technology Council (NSTC), an interagency working 
     group to coordinate Federal investments in neuroscience 
     research. The interagency working group should help focus 
     and enhance Federal efforts toward: developing future 
     clinical treatments for traumatic and acquired brain 
     injuries; better understanding cognition and learning, and 
     applying that understanding to improving education and 
     learning; and improving our understanding of and 
     developing better therapies for Alzheimer's disease, 
     childhood developmental disorders and other neurological 
     conditions.

             National Aeronautics and Space Administration

       The conference agreement includes $17,800,000,000 for the 
     National Aeronautics and Space Administration (NASA).
       Fiscal oversight.--In order to promote strong fiscal 
     oversight, the Committees on Appropriations have been 
     pursuing with NASA a number of crosscutting issues, including 
     cost estimation and control, financial management, 
     acquisition reform and grants management. The conferees 
     direct NASA to stay engaged in these ongoing efforts and to 
     comply with all related reporting requirements and directives 
     on these topics that were contained in the House and Senate 
     reports.
       Budget structure.--Funds have been allocated according to 
     an account and program structure that generally conforms to 
     the structure proposed in the budget request. After several 
     consecutive years of major structural modifications, however, 
     the conferees expect that NASA will refrain from proposing 
     additional account changes unless directed to do so by the 
     Committees.
       The conferees' table of recommendations for NASA is 
     delineated below. Additional detail may be found under the 
     relevant account headings.

[[Page H7522]]



              NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Science:
  Earth Science..........................................   $1,765,700
  Planetary Science......................................    1,500,400
  Astrophysics...........................................      672,000
  James Webb Space Telescope.............................      529,600
  Heliophysics...........................................      622,300
                                                          --------------
      Total, Science.....................................    5,090,000
                                                          ==============
Aeronautics..............................................      569,900
                                                          ==============
Space Technology.........................................      575,000
                                                          ==============
Exploration:
  Human Exploration Capabilities.........................    3,060,000
    Orion Multi-Purpose Crew Vehicle.....................   (1,200,000)
    Space Launch System..................................   (1,860,000)
  Commercial Crew........................................      406,000
  Exploration Research and Development...................      304,800
                                                          --------------
      Total, Exploration.................................    3,770,800
                                                          ==============
Space Operations:
  Space Shuttle..........................................      573,000
  International Space Station............................    2,830,000
  Space and Flight Support...............................      830,600
    21st Century Launch Complex..........................     (168,000)
                                                          --------------
      Total, Space Operations............................    4,233,600
                                                          ==============
Education:
  Aerospace Research and Career Development..............       58,400
    NASA Space Grant.....................................      (40,000)
    EPSCoR...............................................      (18,400)
  STEM Education and Accountability......................       80,000
    Minority University Research Education Program.......      (30,000)
    STEM Education and Accountability Projects...........      (40,000)
    Informal STEM Education..............................      (10,000)
                                                          --------------
      Total, Education...................................      138,400
                                                          ==============
Cross Agency Support.....................................    2,995,000
                                                          ==============
Construction and Environmental Compliance and Restoration      390,000
                                                          ==============
Inspector General........................................       37,300
                                                          ==============
      Total, NASA........................................  $17,800,000
------------------------------------------------------------------------

                                SCIENCE

       The conference agreement includes $5,090,000,000 for 
     Science.
       Program, project and activity level funding designations.--
     The conferees have not included a detailed, line-item funding 
     table for the Science Mission Directorate. Instead, the 
     conference table provides totals for Earth Science, Planetary 
     Science, Astrophysics, the James Webb Space Telescope and 
     Heliophysics. Using these totals, as well as any additional 
     funding direction provided below, NASA should develop a 
     budget plan for each division that incorporates any necessary 
     reductions and submit these proposals as part of the spending 
     plan required by section 538 of this Act. In proposing 
     reductions, NASA should take care to protect, to the extent 
     possible, high priority missions of the decadal surveys, as 
     well as missions with near-term launch readiness dates. In 
     addition, NASA should be careful to propose a funding 
     portfolio that maintains an essential balance between actual 
     spaceflight projects and the critical mission-enabling 
     activities (research and data analysis, data application, 
     etc.) that support and enhance the value of those projects.
       Earth Science.--The conference agreement adopts, by 
     reference, language from the Senate report on carbon 
     monitoring systems and the Deformation, Ecosystem Structure 
     and Dynamics of Ice mission.
       Planetary Science.--The conference agreement includes no 
     less than $581,700,000 for Mars Exploration. Within the 
     amount provided, NASA shall continue working to define, plan 
     and execute future Mars missions and continue seeking and 
     taking advantage of opportunities for international 
     cooperation on such missions.
       The conference agreement also includes $43,000,000 for 
     outer planets flagship missions. The conferees understand 
     that required descoping studies for planetary flagship 
     missions are at or near completion and direct that those 
     studies be submitted to the Committees on Appropriations as 
     soon as possible. NASA is also directed to continue working 
     on a detailed definition of an appropriately descoped 
     flagship mission, consistent with the findings of the most 
     recent planetary science decadal survey.
       Astrophysics.--The conference agreement adopts, by 
     reference, language from the Senate report regarding the 
     Hubble Space Telescope and the Explorer Program.
       The Wide Field Infrared Survey Telescope (WFIRST) was 
     identified as the first priority of the most recent astronomy 
     and astrophysics decadal survey. NASA should build on the 
     work of the Joint Dark Energy Mission project and pursue 
     WFIRST to the extent that foreseeable budget resources can 
     accommodate this mission.
       James Webb Space Telescope (JWST).--According to the recent 
     JWST budget replan, the program's lifecycle cost estimate is 
     now $8,835,000,000 (with formulation and development costs 
     totaling $8,000,000,000). This represents an increase of 
     $1,208,000,000 over the previous lifecycle cost estimate, 
     including an increase of $156,000,000 above the budget 
     request for fiscal year 2012. In order to accommodate that 
     increase in this agreement, the conferees received input from 
     the administration and made reductions to the requested 
     levels for Earth and planetary science, astrophysics and the 
     agency's budget for institutional management. Although the 
     amounts provided for these other science activities still 
     constitute an increase over the fiscal year 2011 levels, the 
     conferees note that keeping JWST on schedule from fiscal year 
     2013 through the planned launch in fiscal year 2018 will 
     require NASA to identify another $1,052,000,000 over previous 
     JWST estimates while simultaneously working to meet the 
     deficit reduction requirements of the Budget Control Act of 
     2011 (P.L. 112-25). As a result, outyear work throughout the 
     agency may need to be reconsidered. The conferees expect the 
     Administration to come forward with a realistic long-term 
     budget

[[Page H7523]]

     plan that conforms to anticipated resources as part of its 
     fiscal year 2013 budget request.
       To provide additional assurances that JWST's management and 
     funding problems are under control, the conference agreement 
     includes language strictly limiting JWST formulation and 
     development costs to the current estimate of $8,000,000,000 
     and requiring any increase above that amount to be treated 
     according to procedures established for projects in 30 
     percent breach of their lifecycle cost estimates.
       In addition, the conferees direct the GAO to continually 
     assess the program and to report to the Committees on 
     Appropriations on key issues relating to program and risk 
     management; achievement of cost and schedule goals; and 
     program technical status. For its first report, the conferees 
     direct the Comptroller General to assess: (1) the risks and 
     technological challenges faced by JWST; (2) the adequacy of 
     NASA's revised JWST cost estimate based on GAO's cost 
     assessment best practices; and (3) the extent to which NASA 
     has provided adequate resources for and is performing 
     oversight of the JWST project to better ensure mission 
     success. The first report should be provided to the 
     Committees no later than December 1, 2012, with reports 
     continuing on an annual basis thereafter. Periodic updates 
     should also be provided to the Committees upon request or 
     whenever a significant new finding has been made. NASA is 
     directed to cooperate fully and to provide timely access to 
     analyses, data, applications, databases, portals, reviews, 
     milestone decision meetings, and contractor and agency 
     personnel.
       Heliophysics.--The conference agreement adopts, by 
     reference, language from the Senate report regarding the 
     Explorer Program, Magnetospheric Multiscale Mission and Solar 
     Probe Plus.
       Flagship management.--The conferees believe that flagship 
     missions are an important component of a balanced science 
     mission portfolio but are concerned by NASA's history of 
     problematic management of these projects. Without substantial 
     improvements in cost estimation, requirements definition, 
     cost discipline and other practices, management problems will 
     persist and, ultimately, erode support for NASA's pursuit of 
     these missions. NASA has many sources of expertise, both 
     internal and external, on which to draw for ideas about how 
     to address its problems in flagship management, and the 
     conferees urge NASA to do so. In particular, the conferees 
     encourage NASA to look at lessons learned from reviews of the 
     challenges of prior flagship projects; identify those lessons 
     that address universal management issues; and implement those 
     lessons in flagship projects across the Directorate.


                              AERONAUTICS

       The conference agreement includes $569,900,000 for 
     Aeronautics.


                            SPACE TECHNOLOGY

       The conference agreement includes $575,000,000 for Space 
     Technology. All funds under this heading should be 
     prioritized toward the continuation of ongoing programs and 
     activities.
       Exploration Technology Development.--Within amounts 
     provided, no less than $190,000,000 shall be dedicated to 
     Exploration Technology Development, which directly supports 
     the achievement of human exploration goals.
       Satellite servicing.--The conference agreement provides no 
     less than $25,000,000 for satellite servicing activities. 
     This funding will contribute to the planned competitive 
     satellite servicing demonstration mission and shall be 
     managed by the Human Exploration and Operations (HEO) Mission 
     Directorate.


                              EXPLORATION

       The conference agreement includes $3,770,800,000 for 
     Exploration.
       Orion Multipurpose Crew Vehicle (MPCV).--The conference 
     agreement provides $1,200,000,000 for the Orion MPCV. The 
     MPCV is intended both to be launched on the heavy lift rocket 
     system in furtherance of NASA's beyond Earth orbit (BEO) 
     exploration goals and to provide an alternative means of 
     cargo and crew delivery to the International Space Station 
     (ISS) in the event that commercial or partner-supplied 
     vehicles are unable to perform those functions. The MPCV will 
     begin uncrewed and crewed flight operations in conjunction 
     with the Space Launch System (SLS) within the next decade, 
     but the conferees understand that NASA may want to pursue an 
     earlier MPCV flight test utilizing a commercially available 
     launch vehicle. The conferees have no objection to necessary 
     and useful testing as long as the costs of procuring the 
     launch vehicle and executing the test flight can be 
     accommodated within the MPCV budget. Within the larger MPCV 
     program, components should be procured via fixed price 
     contracts wherever possible in order to improve cost control 
     and maximize the impact of all available dollars.
       Space Launch System.--The conference agreement provides 
     $1,860,000,000 for the SLS, which is a sustained, evolvable 
     heavy lift vehicle utilizing a common core. While this 
     evolvable approach will enable NASA to achieve the earliest 
     possible initial flight capability by using a 70 ton SLS 
     configuration, only the 130 ton configuration will allow NASA 
     to achieve its BEO exploration goals. Consequently, NASA is 
     directed to ensure that all work done on the early 
     configurations of the evolvable vehicle is in service of the 
     eventual BEO capability. Similarly, NASA is reminded of its 
     legal obligation to design the system from inception to the 
     130 ton standard and to proceed with simultaneous development 
     of the core and upper stages. Wherever possible, SLS 
     components should be procured via fixed price contracts in 
     order to improve cost control and maximize the impact of all 
     available dollars.
       The conferees note the need for additional clarity on the 
     amount of money being allocated to the development of each 
     major component of the SLS. In order to address this need, 
     NASA is directed to provide quarterly reports to the 
     Committees on Appropriations showing anticipated and actual 
     SLS obligations and outlays by major component (core stage, 
     upper stage, engines, boosters, avionics/instrumentation). 
     NASA is further directed to work with the Committees to 
     refine the content and format of these reports.
       Adjustments to MPCV and SLS funding.--Funds provided in 
     this Act for MPCV and SLS are intended for the actual design 
     and development of the vehicles themselves. Therefore, the 
     conferees direct that the charging of related expenses to 
     these program lines be kept to a minimum. Any funds deducted 
     from the total to pay for civil service labor, headquarters 
     program support, program integration, mission operations, 
     extravehicular activities or other related expenses must be 
     separately delineated both in the spending plan submitted 
     pursuant to section 538 of this Act and in all future 
     requests. The conference agreement provides a statutory set-
     aside for SLS ground operations; therefore, no additional 
     charges to SLS funding for this purpose is permitted. All 
     activities funded with the ground operations set-aside shall 
     primarily serve the SLS program.
       The conferees note that the recently completed Independent 
     Cost Assessment (ICA) for the exploration program utilized a 
     different budgetary structure than NASA's fiscal year 2011 
     operating plan or its fiscal year 2012 budget request. In the 
     ICA, funds were divided into three separate streams: MPCV; 
     SLS, exclusive of any ground operations; and 21st Century 
     Ground Systems, which incorporates all SLS ground operations 
     as well as exploration-related ground systems and 
     infrastructure activities from the 21st Century Launch 
     Complex program. The conferees appreciate that this structure 
     makes a clearer distinction between SLS vehicle development 
     work and ground operations and that it unites all 
     exploration-related ground systems spending in a single 
     account (while leaving ground operations and infrastructure 
     in support of multi-user programs within the 21st Century 
     Launch Complex appropriation). NASA is directed to submit its 
     fiscal year 2013 budget request and all future requests using 
     the structure laid out in the ICA. To assist in the 
     transition to this new structure, the fiscal year 2013 
     request should include a crosswalk between the new and old 
     structures.
       Cost caps.--The conferees believe the human exploration 
     programs should be managed under strict cost caps based on 
     NASA's analysis and the recently completed ICA. Within 60 
     days of the enactment of this Act, NASA shall report to the 
     Committees on Appropriations on planned milestones; expected 
     performance and configurations; planned ground and flight 
     testing programs; and deliverables for SLS, MPCV and ground 
     systems. As part of this report, NASA shall recommend 
     separate cost caps for the SLS, MPCV and associated ground 
     systems (consistent with the funding streams as identified in 
     the ICA) through fiscal year 2017 and shall manage each 
     program to remain within those caps.
       Exploration destinations and goals.--The conferees believe 
     that NASA needs to better articulate a set of specific, 
     scientifically meritorious exploration goals to focus its 
     program and provide a common vision for future achievements. 
     Consequently, the conferees direct NASA to develop and report 
     to the Committees on Appropriations a set of science-based 
     exploration goals; a target destination or destinations that 
     will enable the achievement of those goals; a schedule for 
     the proposed attainment of these goals; and a plan for any 
     proposed collaboration with international partners. Proposed 
     international collaboration should enhance NASA's exploration 
     plans rather than replace capabilities NASA is developing 
     with current funds. This report shall be submitted no later 
     than 180 days after the enactment of this Act.
       Commercial crew funding.--While significant unanswered 
     questions remain about the long-term viability of the 
     commercial space market, the conferees agree with NASA that 
     the support of domestic aerospace jobs and the provision of 
     redundant access to the ISS are worthy goals. Consequently, 
     the conference agreement provides $406,000,000 for the 
     commercial crew development program. The agreement withholds 
     $100,000,000 of these funds pending the completion of 
     specified acquisitions milestones in the human exploration 
     program. The conferees expect, however, that the timely 
     completion of these milestones will result in the prompt 
     release of all withheld funds without any negative impact on 
     the commercial crew program.
       Commercial crew management.--All of the commercial crew 
     management and acquisition plans submitted by NASA to date 
     have been predicated on receiving funding far in excess of 
     the authorized level. The conferees are concerned that NASA 
     has not devoted sufficient time to developing a detailed 
     management plan for alternate scenarios. NASA is directed to 
     work expeditiously to alter its management and acquisition 
     strategy for the program as necessary to make the best use of 
     available resources and to define the most cost effective 
     path to the achievement of a commercial crew capability. NASA 
     is encouraged to consider, as part of an altered

[[Page H7524]]

     strategy, an accelerated down-select process that would 
     concentrate and maximize the impact of each appropriated 
     dollar.
       The conferees understand that NASA has several mechanisms 
     in place to ensure that the risk associated with commercial 
     crew development activities is not carried solely by the 
     government. Consistent with normal procurement practices, 
     NASA evaluates through responsibility and commitment 
     assessments the financial stability of potential contractors. 
     In addition, NASA will structure awards to ensure that 
     payments are made only after the achievement of specified 
     performance milestones and to protect the government's 
     ability to retain and use data derived from an award in the 
     event that the contractor defaults or otherwise chooses to 
     discontinue participation in the program. These practices 
     limit the financial exposure of the government and maximize 
     the value of all payments made.
       Commercial safety requirements.--The conferees are pleased 
     by NASA's commitment to hold all human-rated launch vehicles 
     and crew systems, including those developed via both the 
     commercial crew program and the Human Exploration 
     Capabilities program, to the same safety requirements 
     regarding the potential loss of crew (LOC) or loss of mission 
     (LOM). The conferees direct NASA to ensure that any tailoring 
     of specific safety standards and procedures going forward 
     does not affect this uniform application of LOC/LOM 
     requirements.
       Apollo heritage sites.--Future human and robotic 
     exploration of the Moon poses a threat to the preservation of 
     historically and scientifically significant sites there, 
     including the locations of the first and last Apollo lunar 
     landings. The conferees support NASA's efforts to establish 
     guidelines for the protection of Apollo ``heritage sites'' 
     and direct NASA to keep the Committees on Appropriations 
     informed of further progress in this area.


                            SPACE OPERATIONS

       The conference agreement includes $4,233,600,000 for Space 
     Operations.
       Space Shuttle.--The conference agreement provides a total 
     of $573,000,000 for the Space Shuttle program, including 
     $470,000,000 to cover NASA's liability pursuant to the 
     termination of the pension plan under the Space Program 
     Operations Contract (SPOC). The conferees have derived their 
     numbers from the most recently available actuarial estimate 
     of SPOC liability needs, as provided by NASA. The government 
     is legally obligated to make these payments. If the final 
     calculated pension shortfall differs from this amount, NASA 
     may address the difference by either adding to or deducting 
     from remaining Space Shuttle transition and retirement funds.
       The conference agreement adopts, by reference, language in 
     the House report requiring NASA to undertake specified 
     actions relating to the transition of the Shuttle workforce 
     and to provide status reports on the progress of its Space 
     Shuttle orbiter disposition efforts.
       International Space Station (ISS).--The conferees support 
     the decision to extend ISS research and operations through 
     2020. In support of the ISS program, the conference agreement 
     provides $2,830,000,000 for ISS operations, research and 
     cargo supply.
       Satellite servicing.--The conference agreement includes 
     $50,000,000 from Space Operations to continue satellite 
     servicing activities. These funds are in addition to 
     $25,000,000 for satellite servicing in the Space Technology 
     account. The HEO Mission Directorate shall continue to be 
     responsible for the overall direction and management of all 
     agency satellite servicing activities, which are undertaken 
     as a joint project of the HEO, Space Technology and Science 
     mission directorates. Satellite servicing activities shall 
     include mission architecture design, robotic system 
     development, autonomous rendezvous and capture sensor 
     testing, fluid transfer demonstrations and spacecraft design.
       Funds are to be used to continue work on a competitive 
     project to develop, in collaboration with a U.S. commercial 
     partner, a satellite servicing mission capable of operating 
     in geosynchronous Earth orbit. The goal for such a mission is 
     to achieve an on-orbit servicing of an observatory-class 
     government satellite by 2016. Any U.S. commercial partner 
     should be willing to invest its own resources in this 
     mission, as it is intended to foster the creation of an 
     ongoing commercial capability that could meet the needs of 
     NASA, other Federal agencies, the commercial satellite sector 
     and the scientific community.
       21st Century Launch Complex.--The conference agreement 
     adopts, by reference, language from the Senate report 
     regarding the 21st Century Launch Complex program. As noted 
     under the Exploration heading, the conferees intend to 
     confine the 21st Century Launch Complex appropriation to 
     multi-user projects beginning in fiscal year 2013. Any 21st 
     Century funds that support the ground operations and 
     infrastructure of the human exploration program will be 
     included in the new 21st Century Ground Systems funding 
     stream in future years.
       Tracking and Data Relay Satellite-M (TDRS-M).--NASA has 
     authority to fund research and development programs and 
     projects on an incremental basis. However, the conferees 
     understand that TDRS-M, unlike prior TDRS System projects, 
     does not qualify as research and development. In order to 
     remain consistent with historical precedent on TDRS funding, 
     therefore, the conferees have provided bill language 
     permitting NASA to treat TDRS-M as a research and development 
     project for the purposes of incremental funding for the 
     duration of the project.
       Launch site infrastructure.--NASA is directed to facilitate 
     the efficient and beneficial re-purposing of vacant or 
     underutilized facilities, equipment and other property at 
     NASA-owned launch sites. To accomplish this re-purposing, 
     NASA is directed to employ all authorities granted by 
     Congress and to involve, to the extent practical, field-level 
     personnel in the decision making.


                               EDUCATION

       The conference agreement includes $138,400,000 for 
     Education.
       Portfolio structure and funding levels.--The conferees have 
     constructed an education portfolio that strikes a balance 
     between NASA's desire to restructure and streamline elements 
     of the portfolio with the need to provide sufficient support 
     to successful existing programs such as Space Grant, the 
     Experimental Program to Stimulate Competitive Research 
     (EPSCoR) and the Minority University Research and Education 
     Program. The conferees direct NASA to consider this balance 
     when developing future education budget requests. The 
     conferees also note the existence of significant educational 
     resources built into the mission directorate budgets 
     and encourage NASA to take all necessary steps to ensure 
     that these educational activities are well integrated with 
     the programs funded under this heading.
       Informal Education.--The conferees have provided 
     $10,000,000 for a competitive grant program to fund informal 
     education programs that develop STEM education activities, 
     including exhibits, at qualifying institutions as described 
     in section 616 of the NASA Authorization Act of 2005 (P.L. 
     109-155), and/or at NASA Visitors Centers. In selecting 
     grants, NASA shall prioritize projects according to their 
     links to NASA's missions.


                          CROSS AGENCY SUPPORT

       The conference agreement includes $2,995,000,000 for Cross 
     Agency Support (CAS).
       Civil service labor.--NASA's CAS request included funding 
     for nearly 700 programmatic FTE that had not yet been 
     allocated to a mission directorate. Since the time of the 
     budget submission, NASA has provided updated data showing the 
     appropriate distribution of these FTE. The conference 
     agreement reflects this updated distribution by reallocating 
     both the FTE and associated funding out of the CAS account.
       Background investigations.--All members of the NASA 
     workforce, including both civil servants and contractors, 
     should be appropriately and regularly screened to validate 
     their right to access NASA physical or virtual resources. The 
     conferees support the implementation of all necessary 
     security procedures to achieve this goal.
       Employee Performance Communications System (EPCS).--The 
     conference agreement adopts, by reference, language in the 
     Senate report requiring a GAO assessment of specified 
     elements of the implementation of the EPCS.
       Cybersecurity.--The conference agreement adopts, by 
     reference, language from the House report regarding 
     authorities of the Chief Information Officer to address 
     cybersecurity vulnerabilities.
       Independent Verification and Validation (IV&V).--The 
     conference agreement adopts, by reference, language from the 
     Senate report regarding IV&V.
       Budget justifications.--The conferees understand that NASA 
     is undertaking changes to the format and content of its 
     annual budget justifications. The Committees on 
     Appropriations should be involved in the discussion about 
     what changes are necessary in order to ensure that the end 
     product is as useful as possible for the conduct of the 
     Committees' work. Consequently, NASA is directed to work 
     jointly with the Committees to define the scope and content 
     of needed changes and to implement those changes in all 
     future budget justifications.
       Comprehensive independent assessment.--NASA has a broad 
     mandate to execute a balanced space program that includes 
     science, technology development, aeronautics research, human 
     spaceflight and education. NASA regularly receives management 
     and programmatic recommendations from GAO, the Office of 
     Inspector General (OIG) and various commissions and other 
     entities, as well as outside advice on scientific and 
     technical priorities from the National Academies. While each 
     of these reviews is useful on its own, they are generally 
     targeted to a specific issue or program and therefore do not 
     provide a comprehensive assessment of NASA's activities. The 
     conferees believe that such an agency-wide assessment will 
     provide a means to evaluate whether NASA's overall strategic 
     direction remains viable and whether agency management is 
     optimized to support that direction. Accordingly, the 
     conference agreement recommendation includes $1,000,000, to 
     be provided by transfer to the OIG, to commission a 
     comprehensive independent assessment of NASA's strategic 
     direction and agency management.
       The assessment should consider the relevance and 
     feasibility of NASA's strategic goals; the appropriateness of 
     the budgetary balance between NASA's various programs; and 
     the adequacy of NASA's internal policies, procedures, 
     controls and organizational

[[Page H7525]]

     structures that support and prioritize its mission 
     activities. Any recommendations made pursuant to the 
     assessment should be predicated on the assumption that NASA's 
     outyear budget profile will be constrained due to continuing 
     deficit reduction efforts. Such recommendations should also 
     take into account the need for a common, unifying vision for 
     NASA's strategic direction that encompasses NASA's varied 
     missions. A report summarizing the conclusions of the 
     assessment and any relevant recommendations shall be provided 
     to the Congress and the President no later than 120 days 
     after the enactment of this Act.
       To conduct this assessment, the Inspector General shall 
     choose an organization that will convene individuals with 
     recognized relevant expertise and whose collective 
     credentials sufficiently cover the entire range of NASA's 
     mission activities, including space and Earth science; 
     aeronautics; advanced technology development; space 
     exploration; spaceflight operations and support; STEM 
     education; and/or management of any of these activities. In 
     order to promote objectivity, the Inspector General shall 
     define and implement any conflict of interest protocols 
     deemed necessary, but, at a minimum, the selected individuals 
     shall not be currently employed or retained by NASA or any 
     outside entity that competes for or receives NASA funding.
       Working Capital Fund (WCF).--NASA's WCF was initially 
     authorized in fiscal year 2003. In fiscal year 2012, NASA has 
     expanded its use of the WCF to cover activities such as major 
     agency-wide information technology services. The conferees 
     are concerned that such an expansion of the uses of the WCF 
     without adequate advance notification through the normal 
     budget process undermines the oversight role of the 
     Committees on Appropriations. Accordingly, the conferees 
     direct that NASA, as part of its annual congressional budget 
     justification, detail any expected WCF activity for the 
     coming fiscal year, including the source and amount of 
     expected WCF transfers, all expected uses of the Fund, and 
     any balances on hand or expected to remain at the end of the 
     fiscal year. NASA shall also provide quarterly to the 
     Committees an accounting of that quarter's expenditures along 
     with the amount of any unobligated balances in the Fund.


       CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

       The conference agreement includes $390,000,000 for 
     Construction and Environmental Compliance and Restoration 
     (CECR).
       Integrated facilities master planning.--The conference 
     agreement adopts, by reference, language from the House 
     report directing the submission of an integrated facilities 
     master plan.
       Hangar 1, Moffett Field.--The conference agreement adopts, 
     by reference, language from the House report regarding Hangar 
     1 at Moffett Field.
       Mission-related construction.--NASA continues to request 
     funds for construction of facilities within both the Space 
     Operations and the Exploration accounts. This is an 
     inefficient practice which requires significant post-
     enactment transfers of funds between accounts. The conference 
     agreement permits such transfers in specified amounts from 
     Space Operations and Exploration in fiscal year 2012, but 
     NASA is directed to ensure that all construction funds in 
     future years are requested solely within the CECR account.


                      office of inspector general

       The conference agreement includes $37,300,000 for the 
     Office of Inspector General.


                       administrative provisions

       The conference agreement includes the following 
     administrative provisions for NASA:
       The agreement includes a provision that makes funds for 
     announced prizes available without fiscal year limitation 
     until the prize is claimed or the offer is withdrawn.
       The agreement includes a provision that establishes terms 
     and conditions for the transfer of funds.
       The agreement includes a provision that allows the transfer 
     of balances under previous appropriations account structures 
     to the new appropriations account structure.
       The agreement includes a provision related to the 
     expenditure of interest earned from balances in the Endeavor 
     Teacher Fellowship Trust Fund.
       The agreement includes a provision permitting NASA to 
     accept in-kind consideration as part of the Enhanced Use 
     Lease program under specified circumstances. NASA is directed 
     to include in its annual budget justification a description 
     of any in-kind consideration accepted and an estimate of the 
     market value of that consideration.
       The agreement includes a provision that subjects the NASA 
     spending plan and specified changes to that spending plan to 
     reprogramming procedures under section 505 of this Act.

                      National Science Foundation


                    research and related activities

       The conference agreement includes $5,719,000,000 for 
     Research and Related Activities (R&RA).
       Research priorities.--The conferees appreciate NSF's 
     commitment to reviewing its portfolio of programs and 
     proposing reductions or terminations where appropriate. Such 
     proposals provide a more fiscally sustainable way to support 
     new or expanded programs. Accordingly, the conference 
     agreement incorporates all of NSF's R&RA termination and 
     reduction proposals except for the requested reduction to the 
     radio astronomy program.
       By accepting NSF's proposal to eliminate funding for the 
     Deep Underground Science and Engineering Laboratory (DUSEL), 
     the conference agreement completes a multi-year phase-out of 
     NSF involvement in this project. NSF is directed to report to 
     the Committees on Appropriations about future efforts or 
     commitments, if any, to collaborate with the Department of 
     Energy on a deep underground lab.
       Advanced manufacturing.--The conference agreement adopts, 
     by reference, language in the House report regarding advanced 
     manufacturing.
       Neuroscience.--NSF is uniquely positioned to advance the 
     non-medical aspects of cognitive sciences and neurosciences, 
     particularly through interdisciplinary science, computational 
     models, visualization techniques, innovative technologies, 
     and the underlying data and data infrastructure needed to 
     transform our understanding of these areas, and the conferees 
     encourage NSF to sustain and expand its investments in these 
     areas. In addition, to better focus the agency's efforts and 
     guide future budget submissions, NSF is encouraged to 
     establish a cognitive sciences and neurosciences crosscutting 
     theme. The conferees note that language is included under the 
     OSTP heading encouraging OSTP to establish a NSTC working 
     group to coordinate Federal investments in neuroscience 
     research.
       Giant Segmented Mirror Telescope (GSMT).--The direction in 
     this section is provided in lieu of any language in the 
     Senate report relating to the GSMT program. NSF has decided 
     to proceed with the selection of a viable GSMT project, 
     consistent with the National Research Council's (NRC) 2010 
     astronomy and astrophysics decadal survey recommendations. 
     The conferees expect that this selection will be made 
     expeditiously and utilize a fully competitive process, with a 
     solicitation issued no later than the end of calendar year 
     2011 and a result announced no later than July 31, 2012.
       Cybersecurity research.--The conference agreement adopts, 
     by reference, language from the Senate report regarding 
     cybersecurity research.


          major research equipment and facilities construction

       The conference agreement includes $167,055,000 for Major 
     Research Equipment and Facilities Construction (MREFC).
       Project priorities.--With the MREFC funding provided either 
     directly or via potential transfer from the R&RA account, NSF 
     will be able to achieve significant progress on its current 
     portfolio of construction projects, but some prioritization 
     of funds will still be necessary. The conferees expect that 
     NSF will dedicate funds first to the completion of projects 
     that are already in the final stages of construction, with 
     remaining funds allocated to projects in earlier phases of 
     development.
       Project funding profiles.--NSF should promptly review its 
     current portfolio of MREFC projects and their outyear funding 
     profiles to ensure they are consistent with fiscal year 2011 
     and 2012 appropriations. If adjustments to the portfolio in 
     either of those fiscal years will necessitate a revision of 
     the outyear funding profiles for any current or planned 
     project, NSF is directed to immediately report the revised 
     profiles to the Committees on Appropriations and to include 
     the new profiles in the fiscal year 2013 budget request.
       Construction funding management.--The conferees remain 
     concerned about how NSF and its grantees are defining, 
     estimating and managing construction funding, particularly 
     contingency funds. Stronger management and oversight of these 
     funds could result in improved project efficiencies and, 
     ultimately, cost savings. NSF is directed to report to the 
     Committees on Appropriations on the steps it is taking to 
     impose tighter controls on the drawdown and use of 
     contingencies, as well as steps intended to incentivize 
     grantees to complete construction under budget, for projects 
     managed through the MREFC appropriation and for other large 
     facility projects. This report should be submitted no later 
     than 90 days after the enactment of this Act.


                     education and human resources

       The conference agreement includes $829,000,000 for 
     Education and Human Resources (EHR).
       Program changes.--In parallel with terminations and 
     reductions proposed in the R&RA account, NSF has proposed a 
     number of program reductions or terminations within EHR. For 
     the most part, these cuts were proposed not due to any 
     dissatisfaction with the programs in question but rather 
     because NSF would prefer to implement new initiatives. The 
     conferees have no objection to this approach, with the 
     exception of the proposed reductions to the Robert Noyce 
     Scholarship Program and the Math and Science Partnership 
     program. The conferees do not believe that those cuts are 
     warranted solely to make room for new activities.
       Broadening Participation at the Core.--The conference 
     agreement adopts, by reference, language from the House 
     report regarding funding levels for the existing Broadening 
     Participation at the Core programs.
       Best practices in K-12 STEM education.--NSF is encouraged 
     to find more effective mechanisms for disseminating the 
     results of its education research to the K-12 STEM

[[Page H7526]]

     education community. Such mechanisms could include 
     partnerships with nonprofits and professional associations, 
     webinars, newsletters and workshops, drawing when possible on 
     the resources of existing networks.
       In particular, NSF is directed to ensure that the NRC 
     report entitled Successful K-12 STEM Education: Identifying 
     Effective Approaches in Science, Technology, Engineering, and 
     Mathematics is widely distributed within the educational and 
     scientific communities. In addition, NSF is directed to begin 
     work to identify methods for tracking and evaluating the 
     implementation of the recommendations in the NRC's report. 
     NSF and its collaborators should provide an evaluation plan 
     to the Committees on Appropriations within 12 months of the 
     enactment of this Act that describes these methods and 
     recommends the necessary steps that should be taken by NSF 
     and other Federal agencies to implement that plan. Within the 
     amounts available in this account, up to $500,000 should be 
     used for the formulation of the evaluation plan.
       Hispanic Serving Institutions.--The conference agreement 
     adopts, by reference, language from the House report on 
     Hispanic Serving Institutions.
       Federal Cyber Service: Scholarships for Service.--The 
     conferees adopt the Senate recommendation to expand the 
     Federal Cyber Service: Scholarships for Service program. The 
     agreement provides $45,000,000 for this program, which is 
     $20,000,000 above the requested level.


                 agency operations and award management

       The conference agreement includes $299,400,000 for Agency 
     Operations and Award Management.


                  office of the national science board

       The conference agreement includes $4,440,000 for the 
     National Science Board.


                      office of inspector general

       The conference agreement includes $14,200,000 for the OIG.


                        administrative provision

       The conference agreement includes a provision that 
     establishes terms and conditions for the transfer of funds.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights


                         salaries and expenses

                     (including transfer of funds)

       The conference agreement includes $9,193,000 for the 
     Commission on Civil Rights.
       Improving oversight.--For fiscal year 2012, the conference 
     agreement establishes an inspector general (IG) function for 
     the Commission on Civil Rights and provides that the function 
     will be carried out by the individual holding the position of 
     IG at the Government Accountability Office (GAO). The IG is 
     tasked with the duties and responsibilities specified in the 
     Inspector General Act of 1978, including conducting audits 
     and reviews of Commission programs, finances and personnel. 
     The conference agreement provides funding for these 
     operations, in the amount of $250,000, by direct transfer to 
     the Office of Inspector General of the GAO.

                Equal Employment Opportunity Commission


                         salaries and expenses

       The conference agreement includes $360,000,000 for the 
     Equal Employment Opportunity Commission (EEOC). The 
     conference agreement directs that $29,500,000 shall be 
     available for payments to State and local enforcement 
     agencies to ensure that the EEOC provides adequate resources 
     to its State and local partners.
       Backlog reduction.--In order to advance EEOC's backlog 
     reduction goals, the conferees expect the EEOC to prioritize 
     efforts both to address the inventory of private sector 
     charges, such as through hiring or backfilling positions of 
     frontline mission critical staff, and to examine new ways to 
     address the backlog and increase productivity.
       To assist in the monitoring of EEOC's hiring progress, the 
     conferees direct the EEOC to continue submitting quarterly 
     staffing reports, consistent with the direction provided in 
     the statement accompanying Public Law 111-117.

                     International Trade Commission


                         salaries and expenses

       The conference agreement includes $80,000,000 for the 
     International Trade Commission (ITC).
       The conferees adopt by reference House report language 
     regarding internal control, financial management and 
     information technology security weaknesses and direct the ITC 
     to submit a report to the Committees on Appropriations not 
     later than 120 days after enactment of this Act.

                       Legal Services Corporation


               payment to the legal services corporation

       The conference agreement includes $348,000,000 for the 
     Legal Services Corporation (LSC).
       Pro bono legal services.--The conferees are pleased that 
     LSC launched a pro bono task force in 2011 and urge the LSC 
     to implement the recommendations of this task force as it 
     continues to work with LSC-funded programs to adopt measures 
     aimed at increasing the involvement of private attorneys in 
     the delivery of legal services to its clients.
       Legal aid fellowships.--The conferees understand that LSC 
     is considering a proposal to create a fellowship program for 
     retirees or recent law school graduates who will commit to 
     working in legal aid for a designated period of time. The 
     conferees direct LSC to conduct a study of this proposal in 
     order to further develop how such a fellowship program would 
     work and how much it would cost to implement. LSC shall 
     report to the Committees on Appropriations with the results 
     of that study not later than 120 days after the enactment of 
     this Act.


          administrative provision--legal services corporation

       Unauthorized uses of funds.--The conferees encourage the 
     Inspector General of the LSC to conduct annual audits of LSC 
     grantees to ensure that funds are not being used in 
     contravention of the restrictions on engaging in political 
     activities or any of the other restrictions by which LSC 
     grantees are required to abide. The conferees also recommend 
     the removal of funds from any LSC grantee determined by the 
     Inspector General to have engaged in political activity.

                        Marine Mammal Commission


                         salaries and expenses

       The conference agreement includes $3,025,000 for the Marine 
     Mammal Commission.

            Office of the United States Trade Representative


                         salaries and expenses

       The conference agreement includes $51,251,000 for the 
     Office of the U.S. Trade Representative (USTR). The conferees 
     expect that funds provided will be used to vigorously enforce 
     existing trade agreements.
       Monitoring and enforcement.--The conferees direct the USTR, 
     from funds provided in this Act, to hire no less than four 
     additional staff for the office of the Assistant USTR for 
     Monitoring and Enforcement. These staff, who shall be fluent 
     in Chinese, shall monitor and enforce China's compliance with 
     its WTO obligations and assist in early stage identification 
     and review of Chinese measures arising out of its Five Year 
     Plans.
       Responsiveness.--The conferees note that the USTR Office of 
     Legislative Affairs does not respond in a timely manner to 
     requests for information from the Committees on 
     Appropriations. Indifference shown by USTR Legislative 
     Affairs in providing yearly budget justifications or in 
     responding to information requests hampers the ability of the 
     Congress to evaluate proposals and conduct oversight. 
     Accordingly, the conferees direct the USTR to submit its 
     detailed fiscal year 2013 budget request to the Committees on 
     Appropriations not later than two days after the President's 
     fiscal year 2013 budget request is submitted.
       Critical vacancies.--The conferees adopt by reference House 
     report language regarding a report on critical vacancies and 
     direct the USTR to provide a report to the Committees on 
     Appropriations not later than 60 days after enactment of this 
     Act.

                        State Justice Institute

                         salaries and expenses

       The conference agreement includes $5,121,000 for the State 
     Justice Institute.

                      TITLE V--GENERAL PROVISIONS


                        (INCLUDING RESCISSIONS)

       The conference agreement includes the following general 
     provisions:
       Section 501 prohibits the use of funds for publicity or 
     propaganda purposes unless expressly authorized by law.
       Section 502 prohibits any appropriation contained in this 
     Act from remaining available for obligation beyond the 
     current fiscal year unless expressly provided.
       Section 503 provides that the expenditure of any 
     appropriation contained in this Act for any consulting 
     service through procurement contracts 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 existing 
     Executive Order issued pursuant to existing law.
       Section 504 provides that if any provision of this Act or 
     the application of such provision to any person or 
     circumstance shall be held invalid, the remainder of the Act 
     and the application of other provisions shall not be 
     affected.
       Section 505 prohibits a reprogramming of funds that: (1) 
     creates or initiates a new program, project or activity; (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 employee; (5) reorganizes or renames offices, 
     programs or activities; (6) contracts out or privatizes any 
     function or activity presently performed by Federal 
     employees; (7) 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 existing 
     program, project, or activity, or numbers of personnel by 10 
     percent; or (8) results from any general savings, including 
     savings from a reduction in personnel, which would result in 
     a change in existing programs, activities, or projects as 
     approved by Congress; unless the House and Senate Committees 
     on Appropriations are notified 15 days in advance of such 
     reprogramming of funds.
       Section 506 permanently prohibits funds from being used to 
     implement, administer, or enforce any guidelines of the Equal 
     Employment Opportunity Commission covering harassment based 
     on religion similar to proposed guidelines published by the 
     EEOC in October 1993.

[[Page H7527]]

       Section 507 provides that if it is determined that any 
     person intentionally affixes a ``Made in America'' label to 
     any product that was not made in America, that person shall 
     not be eligible to receive any contract or subcontract with 
     funds made available in this Act. The section further 
     provides that to the extent practicable, with respect to 
     purchases of promotional items, funds made available under 
     this Act shall be used to purchase items manufactured, 
     produced or assembled in the United States or its territories 
     or possessions.
       Section 508 requires quarterly reporting to Congress on the 
     status of balances of appropriations.
       Section 509 provides that 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 in the Act shall be absorbed with the budgetary 
     resources available to the department or agency, and provides 
     transfer authority between appropriation accounts to carry 
     out this provision, subject to reprogramming procedures.
       Section 510 prohibits funds made available in this Act from 
     being used to promote the sale or export of tobacco or 
     tobacco products or to seek the reduction or removal of 
     foreign restrictions on the marketing of tobacco products, 
     except for restrictions which are not applied equally to all 
     tobacco or tobacco products of the same type. This provision 
     is not intended to impact routine international trade 
     services to all U.S. citizens, including the processing of 
     applications to establish foreign trade zones.
       Section 511 permanently prohibits funds from being used to 
     implement a Federal user fee for background checks conducted 
     pursuant to the Brady Handgun Control Act of 1993, and to 
     implement a background check system that does not require and 
     result in the destruction of certain information within 24 
     hours.
       Section 512 delays the obligations of any receipts 
     deposited into the Crime Victims Fund in excess of 
     $705,000,000 until the following fiscal year. This language 
     is continued to ensure a stable source of funds will remain 
     available for the program, despite inconsistent levels of 
     criminal fines deposited annually into the Fund.
       Section 513 prohibits the use of Department of Justice 
     funds for programs that discriminate against or denigrate the 
     religious or moral beliefs of students participating in such 
     programs.
       Section 514 prohibits the transfer of funds in the Act to 
     any department, agency or instrumentality of the United 
     States Government, except for transfers made by, or pursuant 
     to authorities provided in, this Act or any other 
     appropriations Act.
       Section 515 provides that funds provided for E-Government 
     Initiatives shall be subject to the procedures set forth in 
     section 505 of this Act.
       Section 516 requires the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives to include specific language in any 
     release of tracing study data that makes clear that trace 
     data cannot be used to draw broad conclusions about firearms-
     related crimes.
       Section 517 requires certain timetables of audits performed 
     by Inspectors General of the Departments of Commerce and 
     Justice, the National Aeronautics and Space Administration, 
     the National Science Foundation, and the Legal Services 
     Corporation and sets limits and restrictions on the awarding 
     and use of grants or contracts funded by amounts appropriated 
     by this Act.
       Section 518 prohibits funds for information technology 
     acquisitions unless the acquiring department or agency has 
     assessed the risk of cyber-espionage or sabotage. Each 
     department or agency covered under section 518 shall submit a 
     quarterly report to the Committees on Appropriations of the 
     House and the Senate describing assessments made pursuant to 
     this section and any associated findings or determinations of 
     risk.
       Section 519 prohibits the use of funds in this Act to 
     support or justify the use of torture by any official or 
     contract employee of the United States Government.
       Section 520 prohibits the use of funds in this Act to 
     require certain export licenses.
       Section 521 prohibits the use of funds in this Act to deny 
     certain import applications regarding ``curios or relics'' 
     firearms, parts, or ammunition.
       Section 522 prohibits the use of funds to include certain 
     language in trade agreements.
       Section 523 prohibits the use of funds in this Act to 
     authorize or issue a National Security Letter (NSL) in 
     contravention of certain laws authorizing the Federal Bureau 
     of Investigation to issue NSLs.
       Section 524 requires congressional notification for any 
     project within the Departments of Commerce or Justice, the 
     National Science Foundation or the National Aeronautics and 
     Space Administration totaling more than $75,000,000 that has 
     cost increases of at least 10 percent.
       Section 525 deems funds for intelligence or intelligence-
     related activities as authorized by the Congress until the 
     enactment of the Intelligence Authorization Act for fiscal 
     year 2012.
       Section 526 requires the departments and agencies funded in 
     this Act to establish and maintain on the homepages of their 
     Internet websites direct links to the Internet websites of 
     their Offices of Inspectors General, and a mechanism by which 
     individuals may anonymously report cases of waste, fraud or 
     abuse.
       Section 527 prohibits contracts or grant awards in excess 
     of $5,000,000 unless the prospective contractor or grantee 
     certifies that the organization has filed all Federal tax 
     returns, has not been convicted of a criminal offense under 
     the IRS Code of 1986, and has no unpaid Federal tax 
     assessment.


                             (RESCISSIONS)

       Section 528 provides for rescissions of unobligated 
     balances in certain departments and agencies funded in this 
     Act. With respect to rescissions of unobligated balances from 
     the Office on Violence Against Women, the Office of Justice 
     Programs and the Office of Community Oriented Policing 
     Services, the conferees expect that rescissions will be from 
     grant deobligations and recoveries.
       Section 529 prohibits the use of funds in this Act in a 
     manner that is inconsistent with the principal negotiating 
     objective of the United States with respect to trade remedy 
     laws.
       Section 530 prohibits the use of funds in this Act for the 
     purchase of first class or premium air travel.
       Section 531 prohibits the use of funds to pay for the 
     attendance of more than 50 department or agency employees at 
     any single conference outside the United States, unless the 
     conference is a law enforcement training or operational event 
     where the majority of Federal attendees are law enforcement 
     personnel stationed outside the United States.
       Section 532 includes language regarding detainees held at 
     Guantanamo Bay.
       Section 533 includes language regarding facilities for 
     housing detainees held at Guantanamo Bay.
       Section 534 prohibits the distribution of funds contained 
     in this Act to the Association of Community Organizations for 
     Reform Now or its subsidiaries.
       Section 535 includes language regarding the purchase of 
     light bulbs.
       Section 536 requires any department, agency or 
     instrumentality of the United States Government receiving 
     funds appropriated under this Act to track and report on 
     undisbursed balances in expired grant accounts.
       Section 537 prohibits the use of funds to relocate the 
     Bureau of the Census or employees from the Department of 
     Commerce to the jurisdiction of the Executive Office of the 
     President.
       Section 538 requires the Departments of Commerce and 
     Justice, the National Aeronautics and Space Administration, 
     and the National Science Foundation to submit spending plans.
       Section 539 prohibits the use of funds by the National 
     Aeronautics and Space Administration or the Office of Science 
     and Technology Policy to engage in bilateral activities with 
     China or a Chinese-owned company unless the activities are 
     authorized by subsequent legislation or NASA or OSTP have 
     made a certification pursuant to subsections (c) and (d) of 
     this section.
       Section 540 specifies reporting requirements for certain 
     conferences held by any department, agency, board or 
     commission funded by this Act.
       Section 541 prohibits funds made available by this Act from 
     being used to deny the importation of shotgun models if no 
     application for the importation of such models, in the same 
     configuration, had been denied prior to January 1, 2011, on 
     the basis that the shotgun was not particularly suitable for 
     or readily adaptable to sporting purposes.
       Section 542 prohibits the use of funds to establish or 
     maintain a computer network that does not block pornography, 
     except for law enforcement purposes.
       Section 543 prohibits funds made available by this Act from 
     being used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     that was convicted of a felony criminal violation under any 
     Federal law within the preceding 24 months, unless an agency 
     has considered suspension or debarment of the corporation and 
     has made a determination that this further action is not 
     necessary to protect the interests of the government.
       Section 544 prohibits funds made available by this Act from 
     being used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     that has any unpaid Federal tax liability that has been 
     assessed, for which all judicial and administrative remedies 
     have been exhausted or have lapsed, and that is not being 
     paid in a timely manner pursuant to an agreement with the 
     authority responsible for collecting the tax liability, 
     unless an agency has considered suspension or debarment of 
     the corporation and has made a determination that this 
     further action is not necessary to protect the interests of 
     the government.
       Section 545 specifies reporting requirements regarding 
     vehicle fleets for all agencies and departments funded by 
     this Act.

[[Page H7528]]

       Section 546 prohibits any funds from being used to 
     implement, administer, or enforce the ``Wage Methodology for 
     the Temporary Non-agricultural Employment H-2B Program'' 
     prior to January 1, 2012, to allow time for Congress to 
     address this rulemaking. In making prevailing wage 
     determinations for the H-2B nonimmigrant visa program for 
     employment prior to January 1, 2012, the conferees direct the 
     Secretary of Labor to continue to apply the rule entitled 
     ``Labor Certification Process and Enforcement for Temporary 
     Employment in Occupations Other Than Agriculture or 
     Registered Nursing in the United States (H-2B Workers), and 
     Other Technical Changes'' published by the Department of 
     Labor on December 19, 2008 (73 Fed. Reg. 78020 et seq.).

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[[Page H7543]]

DIVISION C--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2012

                        CONGRESSIONAL DIRECTIVES

       The legislative intent in the House and Senate versions in 
     H.R. 2112 set forth in the accompanying Senate report (S. 
     Rept. 112-93) and in the report approved by the House 
     Transportation, Housing and Urban Development, and Related 
     Agencies Subcommittee on September 8, 2011 should be complied 
     with unless specifically addressed to the contrary in the 
     conference report and the statement of the managers. Report 
     language included by the House, which is not changed by the 
     report of the Senate or this statement of managers, and 
     Senate report language, which is not changed by this 
     statement of managers, is approved by the committee of 
     conference. The statement of the managers, while repeating 
     some report language for emphasis, does not intend to negate 
     the language referred to above unless expressly provided 
     herein. In cases where the House or the Senate has directed 
     the submission of a report, such report is to be submitted to 
     both the House and Senate Committees on Appropriations. The 
     conferees direct the Department of Transportation and the 
     Department of Housing and Urban Development to notify the 
     House and Senate Committees on Appropriations seven days 
     prior to the announcement of a new program or authority.
       The conferees reiterate direction included in the Senate 
     report regarding the definitions of program, project and 
     activity; reductions made pursuant to sequestration; 
     reprogramming guidelines and requirements; operating plans; 
     working capital funds; and budget justifications. Further, 
     the conferees direct each department to include 
     justifications on each administrative and general provision 
     requested in the budget request materials.

                 TITLE I--DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                         SALARIES AND EXPENSES

       The conference agreement provides $102,481,000 for the 
     salaries and expenses of the Office of the Secretary of 
     Transportation as an overall funding level as proposed by the 
     House rather than $102,202,000 as proposed by the Senate. The 
     agreement includes funding by office as specified below:

Immediate Office of the Secretary............................$2,618,000
Immediate Office of the Deputy Secretary........................984,000
Office of the Executive Secretariat...........................1,595,000
Office of the Under Secretary for Transportation Policy......10,107,000
Office of Small and Disadvantaged Business Utilization........1,369,000
Office of Intelligence, Security, and Emergency Response.....10,778,000
Office of the Chief Information Officer......................14,988,000
Office of the General Counsel................................19,515,000
Office of the Assistant Secretary for Governmental Affairs....2,500,000
Office of the Assistant Secretary for Budget and Programs....10,538,000
Office of the Assistant Secretary for Administration.........25,469,000
Office of Public Affairs......................................2,020,000
Office of Workforce Development......................................--
       The conferees direct the Office of General Counsel to 
     provide a continued level of effort to protect airline 
     passengers.


                  NATIONAL INFRASTRUCTURE INVESTMENTS

       The conference agreement provides $500,000,000 for capital 
     investments in surface transportation infrastructure, instead 
     of $550,000,000 as proposed by the Senate. The House did not 
     propose funding for this account. The conferees direct the 
     Secretary to focus on road, transit, rail and port projects. 
     No funds are provided for planning activities and the 
     Department is limited to $20,000,000 for program 
     administration.


                      FINANCIAL MANAGEMENT CAPITAL

       The conference agreement provides $4,990,000 for the 
     financial management capital program as proposed by the 
     Senate, instead of $5,000,000 as proposed by the House.


                       CYBER SECURITY INITIATIVES

       The conference agreement provides $10,000,000 for cyber 
     security initiatives as proposed by the Senate. The House did 
     not propose funding for this account.


                         OFFICE OF CIVIL RIGHTS

       The conference agreement provides $9,384,000 for the office 
     of civil rights as proposed by the House, instead of 
     $9,648,000 as proposed by the Senate.


           TRANSPORTATION PLANNING, RESEARCH AND DEVELOPMENT

       The conference agreement provides $9,000,000 for 
     transportation planning, research and development as proposed 
     by the House and Senate. The conferees agree to provide not 
     more than $1,000,000 to do a complete study authorized in 
     Section 9007 of Public Law 109-59.


                          WORKING CAPITAL FUND

       The conference agreement includes a limitation of 
     $172,000,000 for working capital fund activities, rather than 
     $147,596,000 as proposed by the House and the Senate. The 
     conferees include language allowing for the transfer of funds 
     to the Working Capital Fund upon a majority approval of the 
     Working Capital Fund Steering Committee.


               MINORITY BUSINESS RESOURCE CENTER PROGRAM

       The conference agreement provides a total appropriation of 
     $922,000 as proposed by the House for the minority business 
     recource center program, instead of $921,000 as proposed by 
     the Senate. Within the funds provided $333,000 is for the 
     costs of guaranteed loans for short-term working capital and 
     $589,000 is provided for administrative expenses. The bill 
     limits loans made under this program to $18,367,000 as 
     proposed by the House and Senate.


                       MINORITY BUSINESS OUTREACH

       The conference agreement provides $3,068,000 for minority 
     business outreach as proposed by the House and Senate.


                        PAYMENTS TO AIR CARRIERS

                    (AIRPORT AND AIRWAY TRUST FUND)

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $143,000,000 for payments 
     to air carriers as proposed by the Senate instead of 
     $100,000,000 as proposed by the House. In addition to these 
     funds, the program will receive $50,000,000 in mandatory 
     spending pursuant to the Federal Aviation Authorization Act 
     of 1996. The agreement includes language, as proposed by the 
     Senate, that would limit funds to communities that received 
     subsidy or received a 90-day notice of intent to terminate 
     service and the Secretary required the air carrier to 
     continue providing service any time between September 30, 
     2010, and September 30, 2011. The conference agreement also 
     includes language to direct the Secretary to transfer such 
     sums as may be necessary from the Office of the Secretary if 
     funding is insufficient to meet the costs of the program.


  ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION

       Section 101 prohibits funds in this Act available to the 
     Department of Transportation from being 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.
       Section 102 allows the Secretary of Transportation or his 
     designee to engage with states to consider proposals related 
     to the reduction of motorcycle fatalities.
       Section 103 prohibits funds from being obligated or 
     expended to establish or implement a program where essential 
     air service communities are required to assume subsidy costs 
     commonly referred to as local participation.
       Section 104 authorizes the Department of Transportation to 
     provide payments in advance to vendors for the Federal 
     transit pass fringe benefit program.
       Section 105 requires the Secretary of Transportation to 
     post on the DOT website a schedule and an agenda of all 
     Credit Council meetings. The conferees direct the Department 
     to maintain records of the factors and criteria leading to 
     funding determinations on applications.
       Section 106 rescinds unobligated balances made available by 
     section 185 of Public Law 109-115.

                    Federal Aviation Administration


                               OPERATIONS

                    (AIRPORT AND AIRWAY TRUST FUND)

       The conference agreement includes $9,653,395,000 for 
     operations of the Federal Aviation Administration instead of 
     $9,673,962,000 as proposed by the House and $9,635,710,000 as 
     proposed by the Senate. Of the total amount provided, 
     $5,060,694,000 is to be derived from the airport and airway 
     trust fund. Funds are distributed in the bill by budget 
     activity. The Conference agreement includes all Operations 
     base transfers requested in the budget, and the conferees 
     expect that FAA's fiscal year 2013 budget will provide the 
     same level of detail on the offices within the new Finance 
     and Management organization as in previous years. In 
     addition, the conferees direct that FAA move the Office of 
     Audit and Evaluation (AAE) from within Office of the Chief 
     Counsel (AGC) and realign it as an independent Staff 
     Office reporting directly to the FAA Administrator.
       The following table compares the conference agreement to 
     the levels proposed in the House and Senate bills by budget 
     activity, pursuant to the reorganizational reprogramming 
     activity approved by the Committees in September:

[[Page H7544]]



 
                                           [All dollars in thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                                   Conference
                        Program                                House              Senate           Agreement
----------------------------------------------------------------------------------------------------------------
Air Traffic Organization...............................          7,618,352          7,560,815          7,442,738
Aviation Safety........................................          1,250,514          1,253,381          1,252,991
Commercial Space.......................................             13,000             15,005             16,271
Finance and Management.................................  .................  .................            582,117
NextGen................................................  .................  .................             60,134
Human Resources........................................             99,005             98,858             98,858
Staff Offices..........................................            186,347            207,065            200,286
    Conference Total...................................  .................  .................          9,653,395
----------------------------------------------------------------------------------------------------------------


       Justification of general provisions.--The conference 
     agreement directs the FAA to provide a justification for each 
     general provision proposed in the fiscal year 2013 budget.
       Air Traffic Controller Optimum Training Solution 
     (ATCOTS).--The conference agreement directs the FAA to report 
     back within 60 days on modifications to the ATCOTS program 
     that will accommodate training for all required new 
     controllers and facilitate modern learning principles.
       Workforce diversity.--The conferees direct FAA to continue 
     to provide a report detailing data and information on the 
     agency's recruitment outreach and hiring efforts in minority 
     communities. The letter report should also include a year-to-
     year comparison of hiring statistics and shall be submitted 
     to the House and Senate Appropriations Committees by January 
     15, 2012.
       En Route Automation Modernization (ERAM) Operations 
     funding.--The conference agreement provides no additional 
     funding for ERAM related cost increases and directs the FAA 
     to pay for all ERAM related program activities from the 
     Facilities and Equipment account until operational readiness 
     is achieved at Salt Lake or Seattle Center, consistent with 
     prior program management practice.
       Aviation safety (AVS).--The conference agreement provides 
     $1,252,991,000 for aviation safety, which includes an 
     increase of 35 additional flight standards inspectors and 
     related safety staff and 20 aircraft certification personnel.
       Special use airspace of unmanned aerial system (UAS).--The 
     conferees direct FAA to provide a progress report to the 
     House and Senate Appropriations Committees, no later than 60 
     days after enactment, which describes and assesses the 
     establishment of special use airspace to fill defense 
     research needs related to UASs, particularly in the 
     development of detection techniques for small unmanned aerial 
     vehicles.


                        FACILITIES AND EQUIPMENT


                    (AIRPORT AND AIRWAY TRUST FUND)

       The conference agreement includes $2,730,731,000 for FAA 
     facilities and equipment instead of $2,798,250,000 as 
     proposed by the House and $2,630,731,000 as proposed by the 
     Senate. Of the total amount available, $475,000,000 is 
     available until September 30, 2012, and $2,255,731,000 is 
     available until September 30, 2014. The bill includes 
     language directing FAA to transmit a detailed five-year 
     capital investment plan to Congress with its fiscal year 2013 
     budget submission.
       The following table provides a breakdown of the House and 
     Senate bills and the conference agreement by program:

----------------------------------------------------------------------------------------------------------------
                                                             House Bill        Senate Bill         Conference
----------------------------------------------------------------------------------------------------------------
Activity 1, Engineering, Development, Test and
 Evaluation:
    Advanced Technology Development and Prototyping....         31,900,000         24,000,000         29,000,000
    NAS Improvement of System Support Laboratory.......          1,000,000          1,000,000          1,000,000
    William J. Hughes Technical Center Facilities......         15,000,000         14,000,000         14,000,000
    William J. Hughes Technical Center Infrastructure            7,500,000          7,500,000          7,500,000
     Sustainment.......................................
    Next Generation Network Enabled Weather (NNEW).....                  0         18,000,000                  0
    Data Communications in support of Next Generation          143,000,000        109,000,000        143,000,000
     Air Transportation System.........................
    Next Generation Transportation System Demonstration         16,900,000         15,000,000         15,000,000
     and Infrastructure Development....................
    Next Generation Transportation System--System               90,000,000         70,000,000         85,000,000
     Development.......................................
    Next Generation Transportation System--Trajectory            9,300,000          7,000,000          7,000,000
     Based Operations..................................
    Next Generation Transportation System--Weather              15,600,000         10,000,000         15,600,000
     Reduction Impact..................................
    Next Generation Transportation System--High Density         14,300,000         10,000,000         12,000,000
     Arrivals/Departures...............................
    Next Generation Transportation System--                     28,000,000         22,000,000         24,000,000
     Collaborative ATM.................................
    Next Generation Transportation System--Flexible             36,300,000         32,000,000         33,300,000
     Terminals and Airports............................
    Next Generation Transportation System--Safety                        0                  0                  0
     Security and Environment..........................
    Next Generation Transportation System--Networked             9,000,000          5,000,000          5,000,000
     Facilities........................................
    Next Generation Air transportation System-Future            19,500,000         10,000,000         15,000,000
     Facilities........................................
    Joint Planning and Development Office (JPDO).......                  0          3,000,000                  0
    Performance Based Navigation.......................         29,200,000         26,200,000         29,200,000
        Total, Activity 1..............................        466,500,000        383,700,000        435,600,000
Activity 2, Air Traffic Control Facilities and
 Equipment:
    In Route Programs:
    En Route Automation Modernization (ERAM)...........      148,000,000--     148,500,000---        155,000,000
    En Route Automation Modernization (ERAM)-PER3......                  0         3,356,000-                  0
    En Route Communications Gateway (ECG)..............         2,000,000-         2,000,000-          2,000,000
    Next Generation Weather Radar (NEXRAD)--Provide....          2,800,000          2,800,000          2,800,000
    Air Traffic Control System Command Center (ATCSCC)--         3,600,000          3,600,000          3,600,000
     Relocation........................................
    ARTCC Building Improvements/Plant Improvements.....       46,000,000--        36,000,000-         41,000,000
    Air Traffic Management (ATM).......................          7,500,000          7,500,000          7,500,000
    Air/Ground Communications Infrastructure...........          4,800,000          4,800,000          4,800,000
    Air Traffic Control En Route Radar Facilities                5,800,000          5,800,000          5,800,000
     Improvements......................................
    Voice Switching and Control System (VSCS)..........          1,000,000          1,000,000          1,000,000
    Oceanic Automation System..........................          6,000,000          4,000,000          4,000,000
    Next Generation Very High Frequency Air/Ground              45,150,000         45,150,000         45,150,000
     Communications System (NEXCOM)....................
    System-Wide Information Management (SWIM)..........         66,350,000         66,350,000         66,350,000
    ADS-B NAS Wide Implementation......................        285,100,000        285,100,000        285,100,000
    Windshear Detection Services.......................          1,000,000          1,000,000          1,000,000
    Weather and Radar Processor (WARP).................          2,500,000          2,500,000          2,500,000
    Collaborative Air Traffic Management Technologies..         41,500,000         41,500,000         41,500,000
    Colorado Wide Area Multilateration (WAM)...........          3,800,000          3,800,000          3,800,000
    Automated terminal Information Service (ATIS)......          1,000,000          1,000,000          1,000,000
    Time-Based Flow Management (TBFM)..................         38,700,000         38,700,000         38,700,000
                                                        --------------------------------------------------------
        Subtotal En Route Programs.....................       712,600,000-       704,456,000-       712,600,000-
    Terminal Programs:
    Airport Surface Detection Equipment--Model X (ASDE-          2,200,000          2,200,000          2,200,000
     X)................................................
    Terminal Doppler Weather Radar (TDWR)..............          7,700,000          6,000,000          7,700,000
    Standard Terminal Automation Replacement System             25,000,000         25,000,000         25,000,000
     (STARS) (TAMR Phase 1)............................
    Terminal Automation Modernization/Replacement             108,750,000-        98,750,000-       108,750,000-
     Program (TAMR Phase 3)............................
    Terminal Automation Program........................          2,500,000          2,500,000          2,500,000
    Terminal Air Traffic Control Facilities--Replace...         51,600,000         51,600,000         51,600,000
    ATCT/Terminal Radar Approach Control (TRACON)               56,900,000         45,000,000         52,000,000
     Facilities--Improve...............................
    Terminal Voice Switch Replacement (TVSR)...........        10,000,000-         8,000,000-         8,000,000-
    NAS Facilities OSHA and Environmental Standards             26,000,000         20,000,000         24,600,000
     Compliance........................................
    Airport Surveillance Radar (ASR-9).................          6,000,000          6,000,000          6,000,000
    Terminal Digital Radar (ASR-11)....................          3,900,000          3,900,000          3,900,000
    Runway Status Lights...............................         29,800,000         20,000,000         29,800,000
    National Airspace System Voice Switch (NVS)........         19,800,000          9,000,000          9,000,000
    Integrated Display System (IDS)....................          8,800,000          8,800,000          8,800,000
    Remote Maintenance and Logging System (RMLS).......          4,200,000          4,200,000          4,200,000
    ASR-8 Service Life Extension Program (SLEP)........                  0                  0                  0
    Mode S Service Life Extension Program (SLEP).......          4,000,000          4,000,000          4,000,000
                                                        --------------------------------------------------------
        Subtotal Terminal Programs.....................        367,150,000        314,950,000        348,050,000
    Flight Service Programs:
    Automated Surface Observing System (ASOS)..........          2,500,000          2,500,000          2,500,000
    Flight Service Station (FSS) Modernization--Alaska           4,500,000          4,500,000          4,500,000
     Flight Service Modernization (AFSM)...............

[[Page H7545]]

 
    Weather Camera Program.............................          1,500,000          4,800,000          4,800,000
                                                        --------------------------------------------------------
        Subtotal Flight Service Programs...............          8,500,000         11,800,000         11,800,000
    Landing and Navigational Aids Program:
    VHF Omnidirectional Radio Range (VOR) with Distance          5,000,000          5,000,000          5,000,000
     Measuring Equipment (DME).........................
    Instrument Landing System (ILS)--Establish.........          5,000,000          5,000,000          5,000,000
    Wide Area Augmentation System (WAAS) for GPS.......         85,000,000        110,000,000         95,000,000
    Runway Visual Range (RVR)..........................          5,000,000          5,000,000          5,000,000
    Approach Lighting System Improvement Program                 5,000,000          5,000,000          5,000,000
     (ALSIP)...........................................
    Distance Measuring Equipment (DME).................          5,000,000          5,000,000          5,000,000
    Visual NAVAIDS--Establish/Expand...................          3,400,000          3,400,000          3,400,000
    Instrument Flight Procudures Automation (IFPA).....          2,200,000          2,200,000          2,200,000
    Navigation and Landing Aids--Service Life Extension          6,000,000          7,000,000          7,000,000
     Program (SLEP)....................................
    VASI Replacement--Replace with Precision Approach            7,000,000          8,000,000          8,000,000
     Path Indicator....................................
    GPS Civil Requirements.............................         19,000,000         36,000,000         19,000,000
    Runway Safety Areas--Navigational Mitigation.......         25,000,000         25,000,000         25,000,000
                                                        --------------------------------------------------------
        Subtotal Landing and Navigational Aids Programs        172,600,000        214,600,000        184,600,000
    Other ATC Facilities Programs:
    Fuel Storage Tank Replacement and Monitoring.......          6,400,000          4,400,000          5,400,000
    Unstaffed Infrastructure Sustainment...............         18,000,000         15,000,000         18,000,000
    Aircraft Related Equipment Program.................         11,700,000         11,700,000         11,700,000
    Airport Cable Loop Systems--Sustained Support......          5,000,000          5,000,000          5,000,000
    Alaskan Satellite telecommunications Infrastructure         16,000,000         15,500,000         15,500,000
     (ASTI)............................................
    Facilities Decommissioning.........................          5,000,000          5,000,000          5,000,000
    Electrical Power Systems--Sustain/Support..........         85,600,000         68,000,000         77,581,000
    Aircraft Fleet Modernization.......................          9,000,000          6,000,000          9,000,000
    FAA employee housing and Life Safety Shelter System          2,500,000          2,500,000          2,500,000
     Service...........................................
                                                        --------------------------------------------------------
        Subtotal Other ATC Facilities Programs.........        159,200,000        133,100,000        149,681,000
                                                        --------------------------------------------------------
            Total, Activity 2-.........................      1,420,050,000      1,378,906,000      1,406,731,000
                                                        --------------------------------------------------------
-Activity 3, Non-Air Traffic Control Facilities and
 Equipment:
    Support Equipment:
    Hazardous Materials Management.....................         20,000,000         20,000,000         20,000,000
    Aviation Safety Analysis System (ASAS).............         30,100,000         30,100,000         30,100,000
    Logistics Support System and Facilities (LSSF).....         10,000,000         10,000,000         10,000,000
    National Airspace System Recovery Communications            12,000,000         12,000,000         12,000,000
     (RCOM)............................................
    Facility Security Risk Management..................         18,000,000         16,000,000         16,000,000
    Information Security...............................         17,000,000         15,000,000         15,200,000
    System Approach for Safety Oversight...............         23,600,000         23,600,000         23,600,000
    Aviation Safety Knowledge Management Environment            17,200,000         17,200,000         17,200,000
     (ASKME)...........................................
    Data Center Operations.............................          1,000,000                  0          1,000,000
    Aerospace Medical System Support...................         12,000,000         10,000,000         10,000,000
                                                        --------------------------------------------------------
        Subtotal Support Equipment.....................        160,900,000        153,900,000        155,100,000
    Training, Equipment and Facilities:
    Aeronautical Center Infrastructure Modernization...         18,000,000         15,000,000         16,500,000
    Distance Learning..................................          1,500,000          1,500,000          1,500,000
    National Airspace System (NAS) Training--Simulator.  .................  .................  .................
                                                        --------------------------------------------------------
        Subtotal Training, Equipment and Facilities....         19,500,000         16,500,000         18,000,000
                                                        --------------------------------------------------------
            Total, Activity 3..........................       180,400,000-       170,400,000-       173,100,000-
                                                        ========================================================
-----Activity 4, Facilities and Equipment Mission
 Support:
    System Support and Services:
    System Engineering and Development Support.........         32,900,000         28,500,000         32,900,000
    Program Support Leases.............................         41,700,000         40,000,000         40,000,000
    Logistics Support Services (LSS)...................         11,700,000         10,100,000         11,700,000
    Mike Monroney Aeronautical Center Leases...........         17,000,000         17,000,000         17,000,000
    Transition Engineering Support.....................         13,000,000         11,300,000         13,000,000
    Technical Support Services Contract (TSSC).........         22,000,000         19,100,000         22,000,000
    Resource Tracking Program (RTP)....................          4,000,000          4,000,000          4,000,000
    Center for Advanced Aviation System Development             80,800,000         71,000,000         78,000,000
     (CAASD)...........................................
    Aeronautical Information Management Program........         26,300,000         20,224,000         20,200,000
    Permanent Change of Station (PCS) Moves............          2,500,000          2,500,000          1,500,000
                                                        --------------------------------------------------------
        Total, Activity 4..............................        251,900,000        223,724,000        240,300,000
                                                        ========================================================
Activity 5, Personnel and Related Expenses:
    Personnel and Related Expenses:....................        480,000,000        474,000,000        475,000,000
                                                        --------------------------------------------------------
        Total, All Activities..........................      2,798,850,000      2,630,730,000      2,730,731,000
                                                        ========================================================
----------------------------------------------------------------------------------------------------------------

       Performance Based Navigation.--The conference agreement 
     provides $29,200,000 for Performance Based Navigation, as 
     proposed by the House. The agreement provides $3,000,000 over 
     the request for a demonstration project to utilize third 
     parties to design, deploy and maintain public use Required 
     Navigation Performance (RNP) procedures at five mid-sized 
     airports where aircraft flying RNP arrivals would achieve 
     measurable benefit.
       System-wide information management system (SWIM).--The 
     conference agreement includes $66,350,000 for the SWIM 
     program. The conferees direct FAA to provide a progress 
     report to the House and Senate Committees on Appropriations 
     by February 15, 2012 on FAA's development and deployment of 
     Segment 1 capabilities and the expected requirements, 
     development and deployment of Segment 2.
       Navigation and landing aids-service life extension program 
     (SLEP).--The conference agreement includes $7,000,000 for 
     navigation and landing aids. Within the amount provided, 
     $1,000,000 is for the procurement and installation of 
     additional runway end identification light (REIL) systems.
       VASI replacement-replace with precision approach path 
     indicator.--The conference agreement includes $8,000,000 for 
     the replacement of VASI systems with Precision Approach Path 
     Indicator (PAPI) systems. Within the amount provided, 
     $1,000,000 is for the procurement of additional PAPI systems.
       Alternate positioning, navigation and timing (APNT).--The 
     conferees understand FAA is conducting a review of APNT 
     capabilities that support communication, navigation, and 
     surveillance applications in the event of a loss of Global 
     Navigation Satellite Services (GNSS) to ensure that 
     operations are appropriately supported and consistent with 
     the evolution to NextGen. The conferees support this review 
     and encourage the FAA to move forward with research, 
     development and potential implementation of systems, 
     avionics, processes, and procedures that leverage available 
     assets to minimize the impact to system capacity and 
     efficiency during periods of GNSS interference.


                 RESEARCH, ENGINEERING AND DEVELOPMENT

                      (airport airway trust fund)

       The bill provides $167,556,000 for the FAA's research, 
     engineering, and development activities, instead of 
     $175,000,000 as proposed by the House and $157,000,000 as 
     proposed by the Senate. The following table compares the 
     House and Senate bills with the conference agreement by 
     budget activity:

----------------------------------------------------------------------------------------------------------------
                                                                                                   Conference
                        Program                              House Bill        Senate Bill         Agreement
----------------------------------------------------------------------------------------------------------------
Improve Aviation Safety................................         94,249,000         87,775,000         89,314,000
    Fire research and safety...........................          8,157,000          7,158,000          7,158,000
    Propulsion and fuel systems........................          3,611,000          2,300,000          2,300,000

[[Page H7546]]

 
    Advanced materials/structural safety...............          2,605,000          2,534,000          2,534,000
    Atmospheric hazards/digital system safety..........          5,404,000          5,404,000          5,404,000
    Aging aircraft.....................................         12,589,000         10,632,000         11,600,000
    Aircraft catastrophic failure prevention...........          1,502,000          1,147,000          1,147,000
    Flightdeck safety/systems integration..............          6,162,000          6,162,000          6,162,000
    Aviation safety risk analysis......................         10,027,000         10,027,000         10,027,000
    ATC/AF human factors...............................         10,634,000         10,364,000         10,364,000
    Aeromedical research...............................         11,617,000         11,000,000         11,000,000
    Weather research...................................         16,366,000         16,043,000         16,043,000
    Unmanned aircraft system...........................          3,504,000          3,504,000          3,504,000
    NextGen Alternative Fuels for General Aviation.....          2,071,000          1,500,000          2,071,000
Improve Efficiency of the ATC System...................         33,905,000         28,134,000         34,174,000
    Joint program and development office...............                  0          6,500,000          5,000,000
    Wake turbulence....................................         10,674,000          9,064,000         10,674,000
    NextGen--Air Ground Integration....................         10,545,000          5,303,000          7,000,000
    NextGen--Self Separation...........................          3,500,000          5,060,000          3,500,000
    NextGen--Weather Technology in the Cockpit.........          9,186,000          2,207,000          8,000,000
Reduce Environmental Impacts...........................         41,351,000         35,597,000         38,574,000
    Environment and energy.............................         16,351,000         15,074,000         15,074,000
    NextGen Environmental Research--Aircraft                    25,000,000         20,523,000         23,500,000
     Technologies, Fuels and Metrics...................
Mission Support........................................          5,495,000          5,494,000          5,494,000
    System planning and resource management............          1,718,000          1,717,000          1,717,000
    Technical laboratory facilities....................          3,777,000          3,777,000          3,777,000
                                                        --------------------------------------------------------
        Total..........................................        175,000,000        157,000,000        167,556,000
----------------------------------------------------------------------------------------------------------------

       NextGen environmental research--aircraft technologies, 
     fuels and metrics.--The conference agreement includes 
     $23,500,000 for the FAA's NextGen environmental research 
     aircraft technologies, fuels and metrics program. The 
     conferees direct FAA to use funds above the budget request to 
     expedite the development of viable alternative fuels that can 
     be used in aircraft and to continue the efforts of FAA's 
     continuous, lower energy, emissions, and noise program 
     (CLEEN). These additional funds are designated as an item of 
     congressional interest and the conferees direct FAA not to 
     reprogram these funds without the specific approval of the 
     House and Senate Committees on Appropriations.


                       GRANTS-IN-AID FOR AIRPORTS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                    (AIRPORT AND AIRWAY TRUST FUND)

                     (including transfer of funds)

       The conference agreement includes a liquidating cash 
     appropriation of $3,435,000,000; an obligation limitation of 
     $3,350,000,000; a limitation on administrative expenses of 
     not more than $101,000,000; no less than $15,000,000 for the 
     airport cooperative research program; and no less than 
     $29,250,000 for airport technology research.
       Small community air service development pilot program.--The 
     bill includes $6,000,000 under the obligation limitation to 
     continue the small community air service development pilot 
     (SCASDP) program and directs the FAA to transfer funds to OST 
     salaries and expenses appropriation.


       ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION

       Section 110 allows no more than 600 technical staff-years 
     at the Center for Advanced Aviation Systems Development as 
     proposed by the House and Senate.
       Section 111 prohibits funds for adopting guidelines or 
     regulations requiring airport sponsors to provide FAA 
     ``without cost'' building construction or space as proposed 
     by the House and Senate.
       Section 112 allows the FAA to be reimbursed for amounts 
     made available for 49 U.S.C. 41742(a)(1) as fees are 
     collected and credited under 49 U.SC. 45303 as proposed by 
     the House and Senate.
       Section 113 allows reimbursement of funds for providing 
     technical assistance to foreign aviation authorities to be 
     credited to the operations account as proposed by the House 
     and Senate.
       Section 114 prohibits funds limited in this Act for the 
     Airport Improvement Program to be provided to an airport that 
     refuses a request from the Secretary of Transportation to use 
     public space at the airport for the purpose of conducting 
     outreach on air passenger rights as proposed by the House and 
     Senate.
       Section 115 prohibits funds for Sunday premium pay unless 
     work was actually performed on a Sunday as proposed by the 
     House and Senate.
       Section 116 prohibits funds in the Act from being used to 
     buy store gift cards with Government issued credit cards as 
     proposed by the House and Senate.
       Section 117 allows all airports experiencing the required 
     level of boardings through charter and scheduled air service 
     to be eligible for funds under 49 U.S.C. 47114(c) as proposed 
     by the Senate.
       Section 118 prohibits funds from being obligated or 
     expended for retention bonuses for FAA employees without 
     prior written approval of the DOT Deputy Assistant Secretary 
     for Administration.
       Section 119 limits to 20 percent the cost share required 
     under the contract tower cost-share program.
       Section 119A reverses changes made to the Block Aircraft 
     Registry Request program and prohibits future changes to the 
     program, as proposed by the House and Senate.
       Section 119B prohibits funds from being used to change 
     weight restrictions or prior permission rules at Teterboro 
     Airport in New Jersey as proposed by the House.

                     Federal Highway Administration


                 LIMITATION ON ADMINISTRATIVE EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement limits obligations for 
     administrative expenses of the Federal Highway Administration 
     (FHWA) to $412,000,000, which is equal to the annualized 
     level of contract authority under the latest surface 
     transportation extension, P.L. 112-30, plus $3,144,750 in 
     carryover contract authority, plus $16,000,000 in funds that 
     the Secretary may transfer from the 14 discretionary highway 
     programs, if necessary, to ensure proper oversight. The 14 
     programs impacted are: Delta Region Transportation 
     Development; Ferry Boats Discretionary Projects; Highways for 
     LIFE Demo Projects; Innovative Bridge Research & Deployment; 
     Interstate Maintenance Discretionary; National Historic 
     Covered Bridge Preservation; National Scenic Byways; Public 
     Lands Highway Discretionary; Railway-Highway Crossings Hazard 
     Elimination in HSR Corridors; Transportation, Community, and 
     System Preservation; Truck Parking Pilot Program; 
     Disadvantaged Business Enterprises Services; On-the-Job 
     Training Services; and, Value Pricing Pilot Program.
       In addition, the conferees provide $3,220,000 in contract 
     authority above this limitation for the administrative 
     expenses of the Appalachian Regional Commission pursuant to 
     23 U.S.C. 104.
       Information Technology Improvements.--The conferees 
     recommend at least $2,000,000 of funds provided should be for 
     the Delphi system and accounting services, the IPv6 
     transition, and FHWA's share in the implementation of the 
     financial management business transformation. These are 
     important improvements to the administration of the federal-
     aid highways program.


                          FEDERAL-AID HIGHWAYS

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The conference agreement limits obligations for the 
     federal-aid highways program to $39,143,582,670 in fiscal 
     year 2012, which is the annualized level of contract 
     authority under the latest surface transportation extension, 
     P.L. 112-30.
       Solvency of Highway Trust Fund.--The conferees acknowledge 
     this obligation limitation will deplete almost all resources 
     from the Highway Trust Fund by the end of fiscal year 2012, 
     causing the FHWA to begin cash-management procedures that may 
     result in States not receiving timely reimbursement of 
     highway construction expenses. Further, without enactment of 
     a new surface transportation authorization bill with large 
     amounts of additional revenues this year, the Highway Trust 
     Fund will be unable to support a highway program in fiscal 
     year 2013. The conferees strongly urge the committees of 
     jurisdiction to enact surface transportation legislation that 
     provides substantial long-term funding to continue the 
     federal-aid highways program.
       Commercial Motor Vehicle Parking.--The conferees direct 
     FHWA to study the shortage of commercial motor vehicle 
     parking, including the impact of such on operators' 
     compliance with federal safety requirements, and to report 
     findings to the Committees on Appropriations within 180-days 
     of enactment of this Act.
       The conference agreement does not include a requirement for 
     FHWA to report on transportation construction projects 
     impacting local roads as proposed by the House.
       Additionally, the conference agreement does not include a 
     requirement for FHWA to investigate developing a 
     comprehensive, department-wide corrosion analysis mitigation 
     tool or a requirement for FHWA to report on the viability and 
     cost-savings of developing such tool as proposed by the 
     House.


                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                          (HIGHWAY TRUST FUND)

       The conference agreement provides a liquidating cash 
     appropriation of $39,882,582,670, which is available until 
     expended, to pay the outstanding obligations of the various 
     highway programs at the levels provided in this

[[Page H7547]]

     Act and prior appropriations Acts. This level reflects the 
     annualized contract authority provided under the latest 
     surface transportation extension, P.L. 112-30, including 
     contract authority both subject to and exempt from the 
     obligation limitation.


                            EMERGENCY RELIEF

       The conference agreement appropriates $1,662,000,000 in 
     additional funds for the Emergency Relief Program, which is 
     available until expended, for qualifying emergency repair 
     expenses relating to major disasters declared pursuant to the 
     Stafford Act, 42 U.S.C. 5121 et seq.
       The conference agreement waives the per-State, per-disaster 
     cap of $100,000,000 for certain disaster events in fiscal 
     year 2011 relating to Hurricane Irene and flooding of the 
     Missouri River. The conference agreement also directs the 
     Secretary to extend the 180-day time period under 23 U.S.C. 
     120(e), in consideration of delays in a State's ability to 
     access damaged facilities to evaluate damages and estimate 
     the cost of such repairs, for eligible disasters in fiscal 
     years 2011 and 2012.

                               Rescission

       The conference agreement does not include a rescission of 
     $73,000,000 as proposed by the Senate.


       ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION

       Section 120 retains the provision as proposed by the Senate 
     that distributes the federal-aid highways program obligation 
     limitation.
       Section 121 retains the provision as proposed by the House 
     and the Senate that allows funds received by the Bureau of 
     Transportation Statistics from the sale of data products to 
     be credited to the federal-aid highways account.
       Section 122 retains the provision as proposed by the House 
     and the Senate that provides requirements for any waiver of 
     Buy American requirements.
       Section 123 retains the provision as proposed by the House 
     and the Senate that prohibits tolling in Texas, with 
     exceptions.
       Section 124 retains with modification the provision 
     proposed by the House that directs GAO to study how States 
     and public transit authorities use their authority to 
     transfer federal funds between the highway and transit 
     programs and to submit a report within a year of enactment.
       Section 125 retains with modification the provision 
     proposed by the Senate that allows the State laws of Maine 
     and Vermont regarding vehicle weight limitations to apply to 
     all portions of the Interstate Highway System within each 
     State, notwithstanding the requirements of 23 U.S.C. 
     127(a)(11), for a time period of approximately twenty years.
       Section 126 is a new provision that allows the Secretary to 
     transfer up to $16,000,000 from discretionary federal-aid 
     highway programs to the FHWA administrative expenses account.
       The conference agreement does not include Sections 124 or 
     128, as proposed by the Senate.

              Federal Motor Carrier Safety Administration


              MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The conference agreement includes a liquidation of contract 
     authorization and a limitation on obligations of $247,724,000 
     for the operating and program expenses of the Federal Motor 
     Carrier Safety Administration (FMCSA). Of this limitation, 
     $8,543,000 is to remain available for obligation until 
     September 30, 2014, as proposed by the Senate; $191,918,800 
     is recommended for operating expenses; and $47,262,200 is 
     recommended for program expenses. The conference agreement 
     modifies the Senate direction to FMCSA to report on March 30, 
     2012 on the agency's ability to meet its requirement to 
     conduct compliance safety reviews on high risk carriers.


                      MOTOR CARRIER SAFETY GRANTS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

                         (INCLUDING RESCISSION)

       The conference agreement provides a liquidating cash 
     appropriation and a limitation on obligations of $307,000,000 
     for motor carrier safety grants, as proposed by the Senate, 
     modified to provide $29,000,000 for the audits of new entrant 
     motor carriers, as proposed by the House. The conference 
     agreement provides funding for motor carrier safety grants as 
     follows:

------------------------------------------------------------------------
                        Program                              Funding
------------------------------------------------------------------------
Motor carrier safety assistance program................     $212,000,000
Commercial driver's license (CDL) program improvement         30,000,000
 grants................................................
Border enforcement grants..............................       32,000,000
Performance and registration information system                5,000,000
 management grant......................................
Commercial vehicle information systems and networks           25,000,000
 deployment............................................
Safety data improvement grants.........................        3,000,000
------------------------------------------------------------------------

       The conference agreement also permanently rescinds 
     $1,000,000 in prior-year unobligated balances, as proposed by 
     the Senate, to cover costs associated with FMCSA 
     Administrative Provision 131.


 ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

       Section 130 retains the provision proposed by the House and 
     the Senate that subjects funds appropriated in this Act to 
     the terms and conditions of section 350 of Public Law 107-87 
     and section 6901 of Public Law 110-28, including that the 
     Secretary submit a report on Mexico-domiciled motor carriers.
       Section 131 retains the provision proposed by the Senate 
     that does not require repayment of certain Commercial Vehicle 
     Information Systems and Networks (CVISN) grant funds that 
     were awarded improperly by FMCSA to States between 2006 and 
     2010.

             National Highway Traffic Safety Administration


                        OPERATIONS AND RESEARCH

       The conference agreement provides $140,146,000 from the 
     general fund for operations and research, as proposed by the 
     Senate. Of this amount, a total of $20,000,000 shall remain 
     available until September 30, 2013, as proposed by the 
     Senate.


                        OPERATIONS AND RESEARCH

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The conference agreement provides a liquidating cash 
     appropriation and an obligation limitation of $109,500,000, 
     to remain available until expended. Of the total, 
     $105,500,000 is provided for the highway safety research and 
     development programs under 23 U.S.C. 403 and $4,000,000 is 
     provided for the National Driver Register under 49 U.S.C. 
     303, as proposed by the House and the Senate. Of the total 
     limitation, $20,000,000 shall remain available until 
     September 30, 2013, and shall be in addition to any 
     limitation imposed on obligations in future fiscal years, 
     as proposed by the Senate.
       Repurposed Seatbelt Grants Funding.--The conferees 
     repurpose $25,000,000 of the Safety Belt Performance Grants 
     to fully fund the modernization of the National Automotive 
     Sampling System (NASS). The conferees direct NHTSA to follow 
     all directives contained in the Senate Committee report 
     relating to the NASS modernization, including those relating 
     to enhanced data collection and new reporting requirements.
       The conferees do not provide any repurposed Safety Belt 
     Performance Grants funding to enhance the ongoing cooperative 
     research effort between NHTSA and the Automotive Coalition 
     for Traffic Safety to develop driver alcohol detection 
     systems, or for the distracted driver program as proposed by 
     the Senate.
       Unsecured loads.--The conferees direct the GAO to report to 
     the Committees on Appropriations on the various State laws, 
     associated penalties, exemptions, and enforcement actions 
     associated with unsecured loads within one year of enactment 
     of this Act. Further, NHTSA is directed to collect and 
     classify data from automobile accidents involving road debris 
     as proposed by the Senate.


                     HIGHWAY TRAFFIC SAFETY GRANTS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The conference agreement provides a liquidating cash 
     appropriation and an obligation limitation of $550,328,000 
     for highway traffic safety grants, to remain available until 
     expended, as proposed by the Senate. The conference agreement 
     recommends as follows:

------------------------------------------------------------------------
                                                              Amount
------------------------------------------------------------------------
Highway Safety Programs (section 402)..................     $235,000,000
Occupant Protection Incentive Grants (section 405).....       25,000,000
Safety Belt Performance Grants (section 406)...........       28,500,000
National Automotive Sampling System....................       25,000,000
State Traffic Safety Information System Improvement           34,500,000
 Grants (section 408)..................................
Alcohol-Impaired Driving Countermeasures Incentive           139,000,000
 Grants (section 410)..................................
Motorcyclist Safety Grants (section 2010)..............        7,000,000
Child Safety and Child Booster Seat Safety Incentive           7,000,000
 Grants (section 2011).................................
High Visibility Enforcement Program (section 2009).....       29,000,000
Administrative Expenses................................       25,328,000
------------------------------------------------------------------------

       Distracted Driver.--The conferees direct NHTSA, in 
     conjunction with the Centers for Disease Control (CDC), to 
     conduct an analysis of available research on distracted 
     driving, and to report on the extent to which electronic 
     devices can be causally linked to the reported rise in fatal 
     accidents or injuries involving distracted driving, as well 
     as the impact distracted driving prevention laws and 
     enforcement actions can have on motorist behavior.


      ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY 
                             ADMINISTRATION

       Section 140 retains the provision as proposed by the House 
     and the Senate that provides funding for travel and related 
     expenses for state management reviews and highway safety core 
     competency development training.
       Section 141 retains the provision as proposed by the House 
     and the Senate that exempts obligation authority that was 
     made available in previous public laws for multiple years 
     from the limitations on obligations set for the current year.
       Section 142 retains the provision as proposed by the House 
     and Senate that prohibits the use of funds to implement 23 
     U.S.C. 404.

                    Federal Railroad Administration


                         SAFETY AND OPERATIONS

       The conference agreement provides $178,596,000 for safety 
     and operations of the Federal Railroad Administration (FRA) 
     instead of $180,867,000 proposed by the House and 
     $176,596,000 proposed by the Senate. Of the funds provided, 
     $12,300,000 is available until expended as proposed by the 
     Senate.

[[Page H7548]]

       Positive Train Control.--The conferees expect the FRA to 
     complete the necessary PTC rulemakings, and directs the FRA 
     to report to the House and Senate Appropriations Committees, 
     by March 1, 2012, on (a) the status of the revisions under 
     consideration and (b) the FRA assessment of the progress 
     being made by the railroad carriers in complying with the 
     PTC statutory deadlines.


                   RAILROAD RESEARCH AND DEVELOPMENT

       The conference agreement provides $35,000,000 for railroad 
     research and development, instead of $35,030,000 as proposed 
     by the House and $30,000,000 as proposed by the Senate. The 
     conferees include funding for the research accounts as 
     proposed by the House with the exception of R&D facilities 
     and test equipment which shall be $2,345,000.


       RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

       The conference agreement authorizes the Secretary to issue 
     notes or other obligations pursuant to section 512 of P.L. 
     94-210 as proposed by both the House and Senate.


            NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)

       The conference agreement provides a total of $1,418,000,000 
     for the operations, capital improvements and debt service to 
     the National Railroad Passenger Corporation (Amtrak).


OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

       The conference agreement provides $466,000,000 in operating 
     grants to Amtrak instead of $227,000,000 proposed by the 
     House and $544,000,000 proposed by the Senate.
       Business plan.--The conference agreement includes language 
     as proposed by the House that requires Amtrak to provide 
     semiannual reports in electronic format regarding the pending 
     business plan as well as progress against the milestones and 
     target dates contained in its financial performance 
     improvement plan provided in fiscal year 2011. Further, these 
     plans shall include a comprehensive fleet plan which shall 
     establish year-specific goals and milestones and discuss 
     potential, current and preferred financing options for all 
     such activities.
       The conference agreement includes bill language as proposed 
     by the House which prohibits Amtrak from discounting tickets 
     at more than 50 percent off the normal, peak fare after March 
     1, 2012, unless the operating loss due to the discounted fare 
     is covered by a State. The Senate did not propose a similar 
     provision.
       The conferees encourage Amtrak to carry $200,000,000 in 
     reserves within their Operating account, and encourage use of 
     any favorable ticket revenue to get to this amount before 
     using this favorable ticket revenue on Capital expenses 
     unless such Capital expenses are necessary to ensure the safe 
     operation and maintenance of the passenger rail system.
       The conference agreement does not include a requirement for 
     the Amtrak IG to report quarterly on Amtrak operational 
     efficiencies and overhead expenses as proposed by the House 
     as Section 207 of the Passenger Rail Investment and 
     Improvement Act requires similar reporting requirements by 
     the Federal Railroad Administration.
       The conference agreement does not require Amtrak to report 
     on plans to improve food and beverage service and first class 
     service as proposed by the House.


  CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                              CORPORATION

       The conference agreement provides $952,000,000 for capital 
     and debt service payment grants to Amtrak, instead of 
     $890,954,000 as proposed by the House, and $936,778,000 as 
     proposed by the Senate. Within the funds provided, the 
     conference agreement includes $271,000,000 for Amtrak's debt 
     service payment as proposed by the House and the Senate, and 
     $15,000,000 shall be for Northeast Corridor Gateway projects 
     as proposed by the Senate. The agreement adopts the Senate 
     bill requirement that grants made after the first 
     $200,000,000 be provided only on a reimbursable basis.
       Americans with Disabilities Act.--Under its compliance plan 
     with the Americans with Disabilities Act (ADA), Amtrak would 
     invest $175,000,000 during fiscal year 2010 for necessary 
     capital investments. The conferees understand that events 
     outside of Amtrak's control delayed these investments. 
     However, the conferees direct Amtrak to the best of its 
     ability to maintain this plan for complying with the 
     requirements of ADA, and modify bill language requiring 
     Amtrak to invest no less than $50,000,000 for ADA capital 
     investments.
       The conference agreement allows the Secretary to retain up 
     to one-half of one percent of the funds provided to fund the 
     costs of project management oversight of capital projects as 
     proposed by the House, instead of one-fourth of one percent, 
     as proposed by the Senate.
       The conference agreement also allows the Secretary to 
     retain up to one-half of one percent of the funds provided to 
     fund the costs associated with implementing section 212 of 
     division B of Public Law 110-432.
       The conferees direct Amtrak to report back within 60 days 
     on the process and procedures that are being implemented to 
     improve financial controls for on-time performance incentive 
     payments, and to establish accountability for the host 
     railroad billing.


CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS PASSENGER RAIL SERVICE

       The conferees provide no funds for the Capital Assistance 
     for High Speed Rail Corridors and Intercity Passenger Rail 
     Service Program as proposed by the House. The Senate provided 
     $100,000,000 for the program. The conference agreement does 
     not require GAO to report on a vision and operational plan 
     for high speed and intercity passenger rail service or on 
     states' capabilities to develop and operate high speed and 
     intercity passenger rail service.


       ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION

       Section 150 retains a provision that ceases the 
     availability of Amtrak funds if the railroad contracts for 
     services outside the United States for any service performed 
     by a full-time or part-time Amtrak employee as of July 1, 
     2006, as proposed by the House and Senate.
       Section 151 retains a provision that allows FRA to receive 
     and use cash or spare parts to repair and replace damaged 
     track inspection cars as proposed by the House and Senate.
       Section 152 retains a provision that authorizes the 
     Secretary of Transportation to allow issuers of any preferred 
     stock to redeem or repurchase preferred stock sold to the 
     Department of Transportation.
       Section 153 limits overtime to $35,000 per employee, allows 
     Amtrak's president to waive this restriction for specific 
     employees for safety or operational efficiency reasons, and 
     requires notification to the House and Senate Committees on 
     Appropriations within 30 days of granting such waivers.

                     Federal Transit Administration


                        ADMINISTRATIVE EXPENSES

       The conference agreement provides $98,713,000 for the 
     administrative expenses of the Federal Transit Administration 
     (FTA) as proposed by the Senate instead of $94,413,000 as 
     proposed by the House. The conferees provided funds directly 
     to the Office of Inspector General for financial statement 
     audits and did not specify a dollar amount for travel.
       The conferees direct FTA to include in its operating plan a 
     specific allocation of administrative expenses resources, 
     including a delineation of full time equivalent employees, as 
     proposed by the House. The conference agreement also requires 
     transfers exceeding 5 percent to be approved by the House and 
     Senate Appropriations Committees through the reprogramming 
     process outlined by the Senate. The conferees direct FTA to 
     include in DOT's operating plan how much will be allocated 
     for travel in fiscal year 2012.


                         FORMULA AND BUS GRANTS

                  (LIQUIDATION OF CONTRACT AUTHORITY)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The conference agreement limits obligations from the Mass 
     Transit Account for the formula and bus grant program to 
     $8,360,565,000 as proposed by the Senate, instead of 
     $5,200,000,000 as proposed by the House. The conferees 
     acknowledge that the specific programmatic distribution of 
     formula and bus grant funds will be determined through 
     legislation extending or reauthorizing the surface 
     transportation programs. The conference agreement includes a 
     liquidating cash appropriation of $9,400,000,000.
       The conferees have directed that funding for bus rapid 
     transit projects proposed in the fiscal year 2012 budget 
     request under the capital investment grants account instead 
     be funded in the Bus and Bus Facilities program, where they 
     are also eligible. Projects requested in the administration's 
     budget to be funded from the formula are as follows:

CA Fresno, Fresno Area Express..............................$17,800,000
CA Oakland, East Bay BRT.....................................25,000,000
CA San Francisco, Van Ness Ave BRT...........................30,000,000
FL Jacksonville, JTA BRT......................................6,443,200
MI Grand Rapids, Silver Line BRT.............................12,887,943
TX El Paso, Mesa Corridor BRT................................13,540,000
WA King County, RapidRide E BRT..............................21,629,000
WA King County, RapidRide F BRT..............................15,880,000
CT Hartford-New Britain Busway...............................45,000,000


                RESEARCH AND UNIVERSITY RESEARCH CENTERS

       The conference agreement provides $44,000,000 for research 
     activities instead of $45,000,000 as proposed by the House 
     and $40,000,000 as proposed by the Senate. Of the amounts 
     provided, $3,500,000 is for the National Transit Institute, 
     $6,500,000 is for transit cooperative research programs and 
     $4,000,000 is for the university centers program. The 
     conferees direct FTA to report on all 2011 and 2012 FTA-
     sponsored research by May 15, 2012. The agreement also 
     provides $25,000,000 for FTA to support the development of 
     cutting-edge new bus and transit technologies.
       Rural transit.--In rural communities across the nation, the 
     conferees believe that transit plays an important role in 
     getting families and individuals from their homes to work, 
     medical appointments and day-to-day activities. In order for 
     rural transit service to be efficient, the community must 
     effectively coordinate transit services among human 
     service agencies and job providers. The conferees support 
     continuing FTA efforts to develop and demonstrate 
     initiatives that will assist rural and small communities 
     in providing transit service that will help individuals to 
     get from home to the workplace.


                       CAPITAL INVESTMENT GRANTS

                         (INCLUDING RESCISSION)

       The conference agreement provides $1,955,000,000 for 
     capital investment grants as

[[Page H7549]]

     proposed by the Senate instead of $1,554,077,000 as proposed 
     by the House. Of the amounts provided, $35,481,000 is for the 
     small starts program, $21,004,000 is for administrative 
     oversight activities, $1,368,515,000 is for payouts for full 
     funding grant agreements, $510,000,000 is for projects 
     entering into full funding grant agreements in calendar year 
     2012 payable upon grant award, $5,000,000 is for the Denali 
     Commission, and $15,000,000 is for Alaska and Hawaii ferries. 
     Oversight and audit activities performed by the Office of 
     Inspector General are funded out of the OIG account. Further, 
     $58,500,000 of prior year unobligated balances are rescinded.
       The conferees direct FTA to refrain from signing any full 
     funding grant agreement with a new starts share greater than 
     60% as recommended in the Senate report. The House proposed 
     limiting FTA to projects with a 50% or less Federal share.
       The conference agreement provides the following payouts for 
     new starts projects:

NY Long Island Rail Road East Side Access..................$203,424,000
NY Second Avenue Subway.....................................186,566,000
TX Dallas Northwest/Southeast................................81,606,000
UT Salt Lake City Mid Jordan LRT.............................78,889,510
UT Salt Lake City Weber County...............................52,047,490
VA Northern VA Dulles........................................90,832,000
WA Seattle University Link LRT..............................104,078,000
MN Central Corridor LRT......................................93,144,000
FL Orlando Central Florida...................................47,308,000
CO Denver Eagle.............................................140,920,000
TX Houston North Corridor....................................94,616,000
TX Houston Southeast Corridor................................94,616,000
UT Salt Lake City Draper....................................100,468,000


       GRANTS FOR ENERGY EFFICIENCY AND GREENHOUSE GAS REDUCTIONS

       The conference agreement does not include funds for energy 
     efficiency grants as proposed by the House. The Senate 
     proposed $25,000,000 under this heading.


      GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

       The conference agreement provides $150,000,000 as proposed 
     by the House and Senate to carry out section 601 of division 
     B of Public Law 110-432 to remain available until expended. 
     The conferees direct WMATA to continue with capital 
     improvement plans and not defer capital and safety 
     investments to offset operating costs.


       ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION

       Section 160 exempts previously made transit obligations 
     from limitations on obligations.
       Section 161 allows funds provided in this Act for (1) 
     projects under ``Capital Investment Grants'' and (2) bus and 
     bus facilities under ``Formula and Bus Grants'' that remain 
     unobligated by September 30, 2014 to be available for 
     projects eligible to use the funds for the purposes for which 
     they were originally provided.
       Section 162 allows for the transfer of appropriations made 
     prior to October 1, 2011 from older accounts to be merged 
     into new accounts with similar current activities.
       Section 163 allows unobligated funds in prior year 
     appropriations for new fixed guideway systems under ``Federal 
     Transit Administration, Capital Investment Grants'' to be 
     used in the current fiscal year to satisfy expenses for 
     activities eligible in the year the funds were appropriated.
       Section 164 requires unobligated funds or recoveries under 
     49 U.S.C. 5309 that are available for reallocation shall be 
     directed to projects eligible to use the funds for which they 
     were originally intended.
       Section 165 allows the Secretary to use one percent of 
     section 5316 funds for program management oversight.
       Section 166 provides funds 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 as 
     proposed by the Senate. The House proposed prohibiting funds 
     for 49 U.S.C. 5309(m)(6)(B) and (C).
       Section 167 modifies a provision proposed by the House 
     limiting FTA to signing full funding grant agreements (FFGAs) 
     with a new starts share of 60% or less. The House proposed 
     limiting new FFGAs to projects with a Federal share of 50% or 
     less. The Senate did not include a similar provision.
       Section 168 modifies a provision proposed by the House 
     permitting fuel and utilities for vehicle operations to be 
     treated as a capital maintenance item for grants made under 
     section 5307 in fiscal year 2012, up to $100,000,000. The 
     Senate did not include a similar provision.
       Section 169 modifies a provision proposed by the Senate 
     regarding the enforcement of the charter bus rule for an area 
     in Washington State. The House did not include a similar 
     provision.
       Section 169A allows the Secretary to consider significant 
     private contributions when calculating the non-Federal share 
     of capital costs for new starts projects as proposed by the 
     Senate. The House did not include a similar provision.
       Section 169B modifies a provision proposed by the Senate 
     specifying all bus rapid transit projects recommended in the 
     fiscal year 2012 budget request under ``Capital Investment 
     Grants'' in this Act shall instead be funded from the formula 
     bus program. The House did not include a similar provision.

             Saint Lawrence Seaway Development Corporation

                       Operations and Maintenance

                    (Harbor Maintenance Trust Fund)

       The conference agreement includes $32,259,000 for the 
     operations, maintenance, and capital asset renewal of the 
     Saint Lawrence Seaway Development Corporation (SLSDC) as 
     proposed by the House instead of $34,000,000 as proposed by 
     the Senate.

                        Maritime Administration


                       MARITIME SECURITY PROGRAM

       The conference agreement includes $174,000,000 for the 
     maritime security program, as proposed by the House and 
     Senate.


                        OPERATIONS AND TRAINING

                         (INCLUDING RESCISSION)

       The conference agreement includes $156,258,000 for the 
     Maritime Administration's (MARAD) operations and training 
     account, instead of $151,889,000 as proposed by the House and 
     $154,886,000 as proposed by the Senate. Further, the 
     agreement rescinds $980,000 from prior year funds instead of 
     $1,000,000 as proposed by the Senate. The House did not 
     propose a rescission from this account.
       The conferees provide a total of $85,168,000 for the U.S. 
     Merchant Marine Academy (USMMA). Of the funds provided, 
     $62,268,000 is for Academy operations and $22,900,000 is for 
     the capital improvement program (CIP) of which $17,000,000 is 
     for capital improvements and $5,900,000 is for facilities 
     maintenance, repairs and equipment. The conferees did not 
     provide funds for replacing the midshipman fees or the 
     recruitment initiative, but did allocate an additional 
     $250,000 for up to 5 additional staff to support and manage 
     the CIP and facility maintenance. The conferees do not 
     include a prohibition on the expenditure of funds for the 
     commencement of architectural and engineering studies as 
     proposed by the House. The conferees direct MARAD to provide 
     a staff organizational chart for the USMMA as directed by the 
     Senate with the fiscal year 2013 budget materials.
       The conferees provide a total of $17,100,000 for the state 
     maritime academies, of which $3,600,000 is for direct 
     payments, $2,400,000 is for student incentive payments and 
     $11,100,000 is for schoolship maintenance and repair.
       The conferees provide a total of $54,000,000 for MARAD 
     operations: $49,000,000 for headquarters operations, 
     $4,000,000 for environment and compliance, and $1,000,000 for 
     Marview. The conferees direct MARAD to provide a report on 
     the number of vacancies at MARAD headquarters and regional 
     offices, and the duties associated with each vacancy 
     concurrent with the fiscal year 2013 budget submission.


                             SHIP DISPOSAL

       The conference agreement includes $5,500,000 for the 
     disposal of obsolete vessels of the National Defense Reserve 
     Fleet as proposed by the House instead of $10,000,000 as 
     proposed by the Senate. The conferees recommend $3,000,000 
     for the NS Savannah as requested.
       The conferees direct MARAD to make best value 
     determinations and award ship recycling contracts no later 
     than 90 days from the close of the ship specific 
     solicitation. Upon award announcement, MARAD shall disclose, 
     in addition to the price, other factors and criteria used to 
     determine best value of the winning award. The conference 
     agreement does not require MARAD to provide a full accounting 
     of ship disposal activities as proposed by the House since 
     such actions are identified in the annual vessel disposal 
     report to Congress.


                     ASSISTANCE TO SMALL SHIPYARDS

       The conference agreement includes $9,980,000 for assistance 
     to small shipyards as proposed by the Senate. The House did 
     not propose funding this account.


          MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

              (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

       The conference agreement includes $3,740,000 for 
     administrative expenses for the maritime guaranteed loan 
     program (title XI) as proposed by the House. The Senate 
     proposed $4,000,000 for the same purpose. The conferees agree 
     to rescind $35,000,000 of prior year unobligated balances as 
     proposed by the Senate. The House proposed rescinding 
     $54,100,000.


           ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION

       Section 170 authorizes MARAD to furnish utilities and 
     services and make necessary repairs in connection with any 
     lease, contract, or occupancy involving Government property 
     under control of MARAD, and allow payments received to be 
     credited to the Treasury.
       Section 171 modifies a provision proposed by the House 
     prohibiting a fee-for-service contract for vessel disposal, 
     scrapping or recycling unless a qualified domestic ship 
     recycler will pay for the vessel. The Senate did not propose 
     a similar provision.
       Section 172 modifies a provision proposed by the Senate 
     restricting the use of funds for non-availability 
     determinations under 46 U.S.C. 501 for oil releases from the 
     Strategic Petroleum Reserve if United States-flag vessels of 
     single or collective capacity are available unless, under 
     exceptional circumstances, the Secretary of Transportation

[[Page H7550]]

     provides a written justification for not using such United 
     States-flag vessel or vessels. The House did not propose a 
     similar provision.

         Pipeline and Hazardous Materials Safety Administration


                          OPERATIONAL EXPENSES

                         (PIPELINE SAFETY FUND)

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $21,360,000 for the 
     necessary operational expenses of the Pipeline and Hazardous 
     Materials Safety Administration (PHMSA). Of the amount 
     provided, $639,000 is to be derived from the Pipeline Safety 
     Fund, and $1,000,000 is to be transferred to the Pipeline 
     Safety account to fund Pipeline Safety Information Grants to 
     Communities, as proposed by the House and the Senate.
       Information Technology Modernization.--The conferees 
     recognize the importance of PHMSA's five-year information 
     technology modernization effort, which began in fiscal year 
     2010. The conferees recommend at least $2,550,000 of 
     operating expenses be used to further these efforts, as 
     proposed in PHMSA's budget.


                       HAZARDOUS MATERIALS SAFETY

       The conference agreement provides $42,338,000 for the 
     agency's hazardous materials safety functions. Of this amount 
     $1,716,000 shall be available until September 30, 2014, as 
     proposed by the House and the Senate.


                            PIPELINE SAFETY


                         (PIPELINE SAFETY FUND)

                    (OIL SPILL LIABILITY TRUST FUND)

       The conference agreement provides a total of $109,252,000 
     for the pipeline safety program. Of that amount, $18,573,000 
     is derived from the Oil Spill Liability Trust Fund, to remain 
     available until September 30, 2014, and $90,679,000 is 
     derived from the Pipeline Safety Fund, of which $48,191,000 
     is available until September 30, 2014 for multi-year grants 
     and research and development contracts. The conference 
     agreement directs no less than $1,058,000 of the funds 
     provided shall be used for the state one-call grant program, 
     as proposed by the House.


                     EMERGENCY PREPAREDNESS GRANTS

                     (EMERGENCY PREPAREDNESS FUND)

       The conference agreement provides $188,000, to remain 
     available until September 30, 2013, and an obligation 
     limitation of $28,318,000 for emergency preparedness grants, 
     as proposed by the House and the Senate.


   ADMINISTRATIVE PROVISION--PIPELINE AND HAZARDOUS MATERIALS SAFETY 
                             ADMINISTRATION

                    COST RECOVERY FOR DESIGN REVIEWS

       Section 180, as proposed by the Senate, is not retained in 
     the conference agreement. As such, the conferees do not 
     include any directives on how a new pipeline design review 
     fee should be implemented, if enacted. The conferees urge the 
     committees of jurisdiction to consider the merits of such 
     fee, as proposed in PHMSA's budget.

           Research and Innovative Technology Administration


                        research and development

       The conference agreement provides $15,981,000 to continue 
     research and development activities. Of the funds provided, 
     $9,007,000 shall be available for the research and 
     development program until September 30, 2014.

------------------------------------------------------------------------
                                                              Conference
                          Activity                              level
------------------------------------------------------------------------
Salaries and Administrative Expense........................   $6,974,000
Alternative Fuels Safety Research and Development..........      499,000
RD&T Coordination..........................................      509,000
Nationwide Differential Global Positioning System [NDGPS]..    7,600,000
Positioning, Navigation, and Timing........................      399,000
------------------------------------------------------------------------

                      Office of Inspector General


                         SALARIES AND EXPENSES

       The conference agreement includes $79,624,000 for the 
     Office of Inspector General and prohibits the transfer or 
     expenditure of funds from modal agencies or the National 
     Transportation Safety Board. The conference agreement did not 
     include report language proposed by the House that expects a 
     minimal reduction in current FTE levels among other 
     modifications in overhead expenses.

                      Surface Transportation Board


                         SALARIES AND EXPENSES

       The conference agreement provides $29,310,000 for salaries 
     and expenses of the Surface Transportation Board. The 
     conference agreement permits the collection of up to 
     $1,250,000 in user fees to be credited to this appropriation 
     as proposed by the House and Senate. The conference agreement 
     provides that the general fund appropriation be reduced on a 
     dollar-for-dollar basis by the actual amount collected in 
     user fees to result in a final appropriation from the general 
     fund estimated at no more than $28,060,000.
       Of the total amount provided, $300,000 is for the Uniform 
     Railroad Costing System modernization initiative as proposed 
     by the Senate.

            General Provisions--Department of Transportation

       Section 180 allows the Department of Transportation to use 
     funds for aircraft, motor vehicles, liability insurance, 
     uniforms, or allowances, as authorized by law as proposed by 
     the House and Senate.
       Section 181 limits appropriations for services authorized 
     by 5 U.S.C. 3109 to the rate for an Executive Level IV as 
     proposed by the House and Senate.
       Section 182 prohibits funds from being used for salaries 
     and expenses of more than 110 political and Presidential 
     appointees in DOT. The provision also requires that none of 
     the personnel covered by this provision may be assigned on 
     temporary detail outside DOT as proposed by the House and 
     Senate.
       Section 183 prohibits recipients of funds made available in 
     this Act from releasing certain personal information and 
     photographs from a driver's license or motor vehicle record, 
     without express consent of the person to whom such 
     information pertains; and prohibits the withholding of funds 
     provided in this Act for any grantee if a State is in 
     noncompliance with this provision as proposed by the House 
     and Senate.
       Section 184 permits funds received by specified DOT 
     agencies from States or other private or public sources for 
     expenses incurred for training to be credited to certain 
     specified agency accounts as proposed by the House and 
     Senate.
       Section 185 prohibits funds from being used to make a grant 
     unless the Secretary of Transportation notifies the House and 
     the Senate Committees on Appropriations no less than three 
     days in advance of any discretionary grant award, letter of 
     intent, or full funding grant agreement totaling $1,000,000 
     or more, and directs the Secretary to give concurrent 
     notification for any ``quick release'' of funds from the 
     Federal Highway Administration's emergency relief program as 
     proposed by the House and Senate.
       Section 186 allows funds received from rebates, refunds, 
     and similar sources to be credited to appropriations of the 
     DOT as proposed by the House and Senate.
       Section 187 allows amounts from improper payments to a 
     third party contractor that are lawfully recovered by the DOT 
     to be available to cover expenses incurred in the recovery of 
     such payments as proposed by the House and Senate.
       Section 188 mandates that reprogramming actions are to be 
     approved or denied solely by the House and Senate Committees 
     on Appropriations as proposed by the House and Senate.
       Section 189 caps the amount of fees the Surface 
     Transportation Board can charge and collect for rate 
     complaints filed at the amount authorized for court civil 
     suit filing fees as proposed by the House and Senate.
       Section 190 allows funds appropriated to the modal 
     administrators to be obligated for the Office of the 
     Secretary regarding reimbursable agreements as proposed by 
     the House.
       Section 191 modifies a provision proposed by the House 
     which alters the number of members on the Metropolitan 
     Washington Airports Authority (MWAA) board; limits board 
     members to no more than two terms; allows the appointing 
     executives to remove board members with cause consistent with 
     the laws of relevant jurisdictions; and, requires board 
     members to vacate their position upon the immediate 
     expiration of the board member's term(s). The Senate did not 
     propose a similar provision. The conferees expect the 
     jurisdictions to expeditiously implement these modifications. 
     In addition, the conferees are greatly concerned about 
     reports of careless recordkeeping on the part of MWAA and 
     will carefully review the DOT Inspector General's anticipated 
     report on MWAA's management and operations.
       Section 192 prohibits the use of funds to enforce certain 
     minimum standards for traffic signs as proposed by the House. 
     The Senate did not include a similar provision.

         TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

       The conference agreement includes $1,331,500,000 for the 
     salaries and expenses to the Department, and modifies 
     language proposed by the House and Senate. Through a modified 
     structure, funding is included under the headings 
     ``Administration, Operations and Management'' and ``Program 
     Office Salaries and Expenses''. The conferees expect the 
     Department to use this account structure in presenting the 
     fiscal year 2013 budget justification and all future budgets.
       The conference agreement includes language as proposed by 
     the House that requires detailed budget justifications for 
     each office within the Department, including an 
     organizational chart for each operating area within the 
     Department. Further, these justifications must include a 
     detailed justification for existing staff, the incremental 
     funding increases, decreases and FTE fluctuations being 
     requested by program, project or activity. The conferees also 
     reiterate that information requested in the Senate report 
     should also be included in budget documents.
       The conference agreement includes a provision that requires 
     that the Department modify and improve its Resource 
     Estimation and Allocation Program (REAP) or other resource 
     allocation model to improve its assessment of staffing needs 
     and full-time equivalent (FTE) allocations. The provision 
     also requires that beginning with the fiscal year 2014 
     congressional justification, budget estimates for existing 
     staff and new staff requests shall be submitted to the 
     Committees on Appropriations using a current, updated or new 
     resource estimation and allocation model.
       To facilitate the use of a resource estimation and 
     allocation model for future budget estimates and submissions, 
     the conferees

[[Page H7551]]

     request that the Government Accountability Office (GAO) 
     review the current REAP model to evaluate its capability to 
     produce reliable data on full-time equivalent allocations and 
     utilization for specific programs, and identify information 
     gaps and other challenges. The conferees also request that 
     GAO test the revised REAP or new resource estimation and 
     allocation model, comparing it to actual FTE allocations in 
     select Departmental programs. This GAO study and any 
     recommendations resulting from the study should form the 
     basis for the fiscal year 2014 budget submission.
       The conferees request that GAO also assess the Department's 
     ongoing efforts to improve staffing and departmental 
     management.
       The conferees reiterate House direction on staffing 
     reporting requirements.
       The conferees direct HUD to provide one month prior notice 
     of office, program or activity reorganizations.

               Administration, Operations, and Management

       The conference agreement provides $537,789,000 for 
     Management and Operations, instead of $494,739,000 as 
     proposed by the House and $549,499,000 as proposed by the 
     Senate. Funds are provided as follows:
Immediate Office of the Secretary............................$3,572,000
Office of the Deputy Secretary and the Chief Operating Officer1,200,000
Office of Hearings and Appeals................................1,700,000
Office of Small and Disadvantaged Business Utilization..........741,000
Office of Congressional and Intergovernmental Relations.......2,400,000
Office of Public Affairs......................................3,515,000
Office of Departmental Operations and Coordination...........10,475,000
Office of Field Policy and Management........................47,500,000
Office of the Chief Procurement Officer......................14,700,000
Office of the Chief Financial Officer........................47,980,000
Office of the General Counsel................................94,000,000
Office of Equal Employment Opportunity........................3,610,000
Center for Faith-Based and Community Initiatives..............1,448,000
Office of Sustainable Housing and Communities.................2,627,000
Office of Strategic Planning and Management...................5,000,000
Office of the Chief Information Officer......................41,885,000
Office of the Chief Human Capital Officer...................255,436,000

       The conference agreement directs HUD to maintain the 
     responsibilities of the appropriations attorneys under the 
     Office of the Chief Financial Officer.
       The conference agreement directs that the Office of the 
     Assistant Secretary for Congressional and Intergovernmental 
     Relations shall have no more than 20 FTEs.
       The conference agreement directs HUD to establish within 
     the Departmental budget office, an appropriations liaison 
     branch through the realignment of existing staff to be 
     submitted by January 1, 2012.

                  Program Office Salaries and Expenses


                       PUBLIC AND INDIAN HOUSING

       The conference agreement provides $200,000,000 for the 
     salaries and expenses for this account, instead of 
     $182,500,000 as proposed by the House and $201,233,000 as 
     proposed by the Senate.


                   COMMUNITY PLANNING AND DEVELOPMENT

       The conference agreement provides $100,000,000 for the 
     salaries and expenses for this account, instead of 
     $91,000,000 as proposed by the House and $101,076,000 as 
     proposed by the Senate.


                                HOUSING

       The conference agreement provides $391,500,000 for the 
     salaries and expenses for this account, instead of 
     $392,796,000 as proposed by the Senate and $353,126,000 as 
     proposed by the House. The conference agreement also provides 
     that at least $8,200,000 is for the Office of Risk and 
     Regulatory Affairs as proposed by the Senate.


                    POLICY DEVELOPMENT AND RESEARCH

       The conference agreement provides $22,211,000 for the 
     salaries and expenses for this account, instead of 
     $17,716,000 as proposed by the House and $23,016,000 as 
     proposed by the Senate.


                   FAIR HOUSING AND EQUAL OPPORTUNITY

       The conference agreement provides $72,600,000 for the 
     salaries and expenses for this account, instead of 
     $66,697,000 as proposed by the House and $74,766,000 as 
     proposed by the Senate.


            OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

       The conference agreement provides $7,400,000 for the 
     salaries and expenses for this account, instead of $6,974,000 
     as proposed by the House and $7,502,000 as proposed by the 
     Senate.

                    Rental Assistance Demonstration

       The conference agreement includes language for a Rental 
     Assistance Demonstration, as proposed by the Senate with 
     modifications. The conference agreement includes 
     modifications to allow for participation of moderate 
     rehabilitation. The conference agreement also includes 
     language ensuring that tenant rights are protected in 
     instances of conversion and that affordability of such 
     housing is preserved under the demonstration. The conference 
     agreement also includes language allowing for the project 
     basing of tenant protection vouchers for rent supplemental 
     and rental assistance projects in fiscal years 2012 and 2013, 
     and requires a GAO review.

                       Public and Indian Housing


                     TENANT-BASED RENTAL ASSISTANCE

       The conference agreement provides $18,914,369,000 for all 
     tenant-based Section 8 activities under the Tenant-Based 
     Rental Assistance Account, instead of $18,467,883,000 as 
     proposed by the House and $18,872,357,000 as proposed by the 
     Senate. Language is included designating funds provided as 
     follows:

 
------------------------------------------------------------------------
                      Activity                         Conference  level
------------------------------------------------------------------------
Voucher Renewals....................................     $17,242,351,000
Tenant Protection Vouchers..........................          75,000,000
Administrative Fees.................................       1,350,000,000
HUD-VASH Incremental Vouchers.......................          75,000,000
Section 811 Vouchers................................         112,018,000
Family Self-Sufficiency Coordinators................          60,000,000
------------------------------------------------------------------------

       The bill does not include language related to a homeless 
     demonstration as proposed by the Senate.
       The conferees direct HUD to monitor and provide quarterly 
     briefings to the House and Senate Committees on 
     Appropriations on the Section 8 program, including data on 
     leasing and trends or changes in rents or tenant income.
       The conferees direct HUD to issue guidance to housing 
     agencies administering mainstream (811) vouchers to continue 
     to serve people with disabilities upon turnover.
       The conferees expect HUD to follow Treasury's rules on cash 
     management in this account.
       The conferees reiterate direction included by the Senate on 
     tracking the housing stability of veterans utilizing the HUD-
     VASH program, addressing the needs of rural areas and sharing 
     best practices with grantees. The conferees also direct HUD 
     to report on HUD-VASH utilization rates, challenges 
     encountered with the program and efforts to increase veteran 
     self-sufficiency by January 15, 2012, as proposed by the 
     House.


                        HOUSING CERTIFICATE FUND

                              (RESCISSION)

       The conference agreement includes a $200,000,000 
     rescission, as proposed by the Senate.


                      PUBLIC HOUSING CAPITAL FUND

       The conference agreement provides $1,875,000,000 for the 
     Public Housing Capital Fund, as proposed by the Senate. The 
     conference agreement also provides $50,000,000 for supportive 
     services, service coordinators and congregate services as 
     proposed by the Senate. The amount also includes $20,000,000 
     for emergency capital needs, as proposed by the Senate, and 
     $10,000,000 for the public housing financial and physical 
     assessment activities of REAC as proposed by the Senate 
     instead of $15,345,000 as proposed by the House.
       The conferees direct the Department to report quarterly to 
     the House and Senate Committees on Appropriations on the 
     progress made at each PHA under receivership.


                     PUBLIC HOUSING OPERATING FUND

       The conference agreement provides $3,961,850,000 for the 
     Public Housing Operating Fund as proposed by the Senate. The 
     agreement provides that the Secretary shall not offset excess 
     reserves by more than $750,000,000, as proposed by the 
     Senate. The language also provides for a process for PHAs to 
     appeal reserve offsets, and a set-aside of $20,000,000 to 
     assist any PHAs that encounter financial hardship as a result 
     of this offset.
       The conferees direct HUD to submit an implementation plan 
     to offset 2012 allocations based on reserve balances to the 
     Committees on Appropriations within 30 days of the enactment 
     of this Act. The conferees further direct HUD to include in 
     its report a clear methodology for determining excessive 
     reserves and the impact of the plan on each PHA.
       The conference agreement includes language proposed by the 
     Senate allowing for the Secretary to provide flexibility to 
     PHAs on the use of excess operating reserves for capital 
     improvements. The conferees direct the Secretary to establish 
     clear guidance on how operating reserves can be used going 
     forward, and in the interim expects this flexibility to be 
     granted to PHAs to make capital improvements, but not to 
     include large modernization projects.


                    CHOICE NEIGHBORHOODS INITIATIVE

       The conference agreement provides $120,000,000 for the 
     Choice Neighborhoods Initiative, as proposed by the Senate. 
     The conference agreement includes modifications to the 
     language to ensure that the use of such funds doesn't result 
     in housing units unintentionally being deemed as public 
     housing, and ensuring the long-term affordability of 
     rehabilitated housing units.


                  NATIVE AMERICAN HOUSING BLOCK GRANTS

       The conference agreement provides $650,000,000 for the 
     Native American Housing Block Grants, as proposed by the 
     Senate. These funds will remain available for obligation by 
     HUD until September 30, 2016. When combined with a standard 
     five-year contract term, tribes will have approximately ten 
     years to spend these funds. The conference agreement 
     directs HUD to notify grantees of the availability of 
     funds within 60 days of enactment of this Act.
       Timely Expenditure of Funds.--The conferees find it 
     unconscionable that while

[[Page H7552]]

     there is significant need for affordable housing in Indian 
     country, some tribes and TDHEs have not spent large amounts 
     of block grant funding for several years, resulting in large 
     accumulated balances and reduced housing activities on tribal 
     lands. For this reason, the conferees provide a time limit 
     for this funding and strongly urge tribes to address housing 
     needs in a timely manner.
       The conferees note this account had nearly $1,000,000,000 
     in unexpended balances at the beginning of fiscal year 2011, 
     with almost half of that amount belonging to a single tribe. 
     This tribe currently has over $375,000,000 in unexpended 
     funds, with funds dating back twelve fiscal years, and a HUD 
     official testified this tribe was unresponsive to HUD's 
     encouragement to address the backlog. Such large accumulated 
     balances and decade-old unexpended funds call into question 
     the present need for funding in this account. In times of 
     scarce federal funding, all accounts come under closer 
     scrutiny. It is in the interest of all 555 tribes that 
     receive these grants to reduce the unexpended balances and to 
     demonstrate current need through use of these funds.
       GAO Study of Tribal Housing Challenges.--The conferees 
     realize there are significant and unique challenges 
     associated with tribal housing, many of which are not within 
     the control of tribes. For this reason, the conferees direct 
     GAO to study the unique barriers and challenges in tribal 
     housing activities.
       Technical Assistance.--Of the funds provided, the 
     conference agreement includes $2,000,000 to support 
     inspection of Indian housing units, contract expertise, 
     training, and technical assistance by HUD. The conferees 
     direct HUD to provide valuable assistance to tribes, 
     especially those with capacity challenges and those receiving 
     small grant awards. Such assistance should reflect the unique 
     needs and culture of Native Americans and include services 
     necessary to improve data collection and increase leveraging.
       In addition, the conference agreement includes $2,000,000 
     for national or regional organizations representing Native 
     American housing interests to provide training and technical 
     assistance to Indian housing authorities and tribally 
     designated housing entities. The conferees intend these funds 
     to be distributed through a competitive process.
       The conference agreement does not include a requirement for 
     HUD's Office of Policy Development and Research to submit a 
     report to the House and Senate Committees on Appropriations 
     proposing alternative data sources for the block grant 
     formula, as proposed by the House.


                  NATIVE HAWAIIAN HOUSING BLOCK GRANT

       The conference agreement provides $13,000,000 for the 
     Native Hawaiian Housing Block Grant, to remain available 
     until expended, as proposed by the Senate.


           INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

       The conference agreement provides $6,000,000 to remain 
     available until expended, to subsidize a guaranteed loan 
     level of $360,000,000, as proposed by the House.


      NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

       The conference agreement provides $386,000 to remain 
     available until expended, to subsidize a guaranteed loan 
     level of $41,504,000, as proposed by the Senate.

                   Community Planning and Development


              HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

       The conference agreement provides $332,000,000 for the 
     Housing Opportunities for Persons with AIDS (HOPWA) program. 
     The conference agreement directs HUD to notify grantees of 
     the availability of funds within 60 days of enactment of this 
     Act.


                       COMMUNITY DEVELOPMENT FUND

       The conference agreement provides $3,308,090,000 for the 
     Community Development Fund, to remain available until 
     September 30, 2014. Of the total, the conference agreement 
     provides no less than $2,948,090,000 in formula funding and 
     $60,000,000 for Indian tribes.
       The conference agreement includes language allowing 20 
     percent of formula funds to be used for planning, management, 
     and administration, as proposed by the Senate. The conferees 
     direct the Government Accountability Office to issue a report 
     on how communities use these funds.
       Matching Funds.--The conferees direct the Department to 
     provide an analysis of how much CDBG funding is used by 
     grantees as matching dollars for other federal programs. The 
     conferees also direct the Department to gather data on the 
     use of fiscal year 2012 CDBG funds to match other federal 
     programs, including which programs are being matched, in what 
     amounts, for what purposes, whether other funds are 
     leveraged, and any other relevant data.
       Sustainable Communities.--The conference agreement does not 
     include funding for the Senate proposed Sustainable 
     Communities Initiative and does not include language proposed 
     by the House prohibiting the use of any funds for the 
     Sustainable Communities Initiative. While direct funding for 
     the Sustainable Communities Initiative is not included in the 
     conference agreement, the conferees remind the Secretary and 
     CDBG formula fund recipients that sustainable activities are 
     an eligible use of formula funds. The conferees support 
     coordination by the Departments of Transportation and Housing 
     and Urban Development to reduce duplication of federal 
     investments. The Secretary may use the Office of Sustainable 
     Housing and Communities and the technical assistance 
     resources of the Transformation Initiative to identify 
     opportunities for communities to work together to integrate 
     transportation and housing and to assist local grantees in 
     performing these activities.
       The conferees do not include any directives relating to 
     Regional Integrated Planning Grants, which are not funded in 
     the conference agreement.
       Disaster Funding.--The conference agreement provides that 
     of the funds made available for the Community Development 
     Fund, up to $300,000,000 plus an additional $100,000,000 in 
     disaster funds is available for necessary and eligible 
     expenses related to disaster relief and long-term recovery in 
     the most impacted and distressed areas resulting from major 
     disasters in 2011, as declared pursuant to the Stafford Act. 
     The conference agreement further provides that these funds 
     may not be used on activities for which funding already is 
     made available by FEMA or the Army Corps of Engineers.


         COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

       The conference agreement provides $5,952,000, to remain 
     available until September 30, 2013, for costs associated with 
     section 108 loan guarantees, to subsidize a loan guarantee 
     level of $240,000,000.


                  HOME INVESTMENT PARTNERSHIPS PROGRAM

       The conference agreement provides $1,000,000,000 for this 
     account, as proposed by the Senate. These funds will remain 
     available until September 30, 2014.
       Program Oversight.--The conferees direct HUD, in its report 
     to the Committees on Appropriations pursuant to Section 232 
     of this Act, to include an explanation of how HUD is 
     monitoring and evaluating grantee performance in the HOME 
     program, including how participating jurisdictions get 
     approval to restart a stalled or cancelled project.
       The conferees also direct HUD to provide a report by March 
     16, 2012, and annually thereafter, on all HOME funds that are 
     5 years old or older.


        SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

       The conference agreement provides $53,500,000 for this 
     account, to remain available until September 30, 2014. Of the 
     total, $13,500,000 is provided for the SHOP program and 
     $35,000,000 is provided for the second, third and fourth 
     capacity building activities authorized under section 
     4(b)(3), of which not less than $5,000,000 may be for rural 
     capacity building activities. In addition, $5,000,000 is 
     provided for capacity building activities by national 
     organizations with expertise in rural housing, as similarly 
     proposed by the House and the Senate. The conference 
     agreement directs HUD to notify grantees of the 
     availability of funds within 60 days of the date of 
     enactment of this Act.


                           CAPACITY BUILDING

       The conference agreement does not include funding for 
     Section 4 Capacity Building as a separate account, as 
     proposed by the House.


                       HOMELESS ASSISTANCE GRANTS

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $1,901,190,000 for 
     Homeless Assistance Grants, as proposed by the House and the 
     Senate. Of the amount provided, not less than $250,000,000 is 
     for the emergency solutions grants (ESG) program; not less 
     than $1,593,000,000 is for the continuum of care and rural 
     housing stability assistance program; and $7,000,000 is for 
     the national homeless data analysis project. The conferees 
     have provided sufficient funding to ensure the renewal of all 
     eligible projects under the continuum of care competition. 
     The conferees direct any remaining funding to be put towards 
     the ESG and rural housing stability programs.
       Delayed Implementation of HEARTH.--The conferees note it 
     has been two and a half years since the HEARTH Act amended 
     the homeless assistance grant programs. The conferees express 
     concern that HUD continued to implement pre-HEARTH grant 
     programs in fiscal year 2011, due to a lack of regulations. 
     The conferees direct HUD to publish at least interim 
     guidelines for the Emergency Solutions Grants and Continuum 
     of Care this fiscal year and to implement the new grant 
     programs as soon as possible, so that the updated policies 
     and practices in HEARTH can begin to govern the delivery of 
     homeless assistance funding.

                            Housing Programs


                    PROJECT-BASED RENTAL ASSISTANCE

       The conference agreement provides $9,339,672,000 for 
     project-based rental assistance activities, as opposed to 
     $9,428,672,000 as proposed by the House and $9,418,672,000 as 
     proposed by the Senate. The conference agreement also 
     provides an advance appropriation of $400,000,000 for fiscal 
     year 2013. The conference agreement provides $9,050,672,000 
     for contract renewals and not to exceed $289,000,000 for 
     contract administrators. This funding level reflects revised 
     cost estimates from HUD based on updated projections and 
     programmatic reforms that result in significant cost savings.


                        HOUSING FOR THE ELDERLY

       The conference agreement provides $374,627,000 for the 
     section 202 program, instead of $600,000,000 as proposed by 
     the House and $369,627,000 as proposed by the Senate.

[[Page H7553]]

     The conference agreement provides that up to $91,000,000 
     shall be for service coordinators and existing congregate 
     service grants as proposed by the Senate, and up to 
     $25,000,000 shall be for the conversion of eligible projects 
     to assisted living or emergency capital repairs as proposed 
     by the House. The conference agreement does not include funds 
     for new construction.


                 HOUSING FOR PERSONS WITH DISABILITIES

       The conference agreement provides $165,000,000 for the 
     section 811 program, instead of $196,000,000 as proposed by 
     the House and $150,000,000 as proposed by the Senate. The 
     conference agreement does not include funds for new 
     construction. The conference agreement also provides the 
     Secretary with the authority to fund activities authorized 
     under section 811(b)(3) of the Cranston-Gonzalez National 
     Affordable Housing Act to allow for project rental assistance 
     to State housing finance agencies and other appropriate 
     entities.


                     HOUSING COUNSELING ASSISTANCE

       The conference agreement provides $45,000,000 for Housing 
     Counseling Assistance, instead of $60,000,000 as proposed by 
     the Senate. The House did not propose funding this account. 
     The conference agreement includes Senate language requiring 
     HUD to award this funding within 120 days of enactment.
       The conferees direct HUD to submit a report on the reforms 
     HUD is proposing in establishing a new Housing Counseling 
     Office within the Office of Housing. This report, due within 
     90 days of enactment, should address how the Department is 
     prepared to expend funds effectively, how HUD will focus its 
     activities to reduce duplication of other government-funded 
     programs, how many FTE will be needed for this activity, and 
     what steps will be taken to streamline the grant making 
     process.


                    OTHER ASSISTED HOUSING PROGRAMS

                       RENTAL HOUSING ASSISTANCE

       The conference agreement provides $1,300,000 for Section 
     236 payments to State-aided, non-insured projects, as 
     proposed by the Senate, instead of $15,733,000 as proposed by 
     the House.


                            RENT SUPPLEMENT

                              (RESCISSION)

       The conference agreement rescinds $231,600,000 from the 
     Rent Supplement account, as proposed by Senate.


            PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

       The conference agreement provides $6,500,000 for authorized 
     activities, of which $4,000,000 is to be derived from the 
     Manufactured Housing Fees Trust Fund, instead of $7,000,000 
     to be fully funded by the Trust Fund as proposed by the 
     House, and $9,000,000, of which $4,000,000 to be funded by 
     the Trust Fund as proposed by the Senate.
       The conferees are perplexed by the paucity of information 
     provided in the Congressional Justification for the 
     Manufactured Housing Fees Trust Fund. Given the information 
     HUD has provided, it is hard to make a rational case for any 
     funding for the Fund. Fortunately, HUD has provided the 
     Committees with additional information that illuminates the 
     uniquely Federal role the Fund plays in the housing market. 
     HUD must provide the Congress with adequate, appropriate and 
     accurate information in its future budget justifications.

                     Federal Housing Administration


               MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

                     (Including Transfers of Funds)

       The conference agreement establishes a limitation of 
     $400,000,000,000 on commitments to guarantee single-family 
     loans during fiscal year 2012, as proposed by the House and 
     Senate.
       The conference agreement provides $207,000,000 for 
     administrative contract expenses, as proposed by the House, 
     instead of $206,586,000 as proposed by the Senate. Of this 
     amount, $71,500,000 may be transferred to the Working Capital 
     Fund, instead of $72,000,000 as proposed by the House and 
     $70,652,000 as proposed by the Senate.


                GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

       The conference agreement establishes a $25,000,000,000 
     limitation on multifamily and specialized loan guarantees 
     during fiscal year 2012, as proposed by the House and Senate. 
     The conference agreement does not provide a subsidy, as 
     proposed by the Senate, instead of $8,600,000 in subsidy as 
     proposed by the House.
       The conferees direct the Department to provide a report to 
     the House and Senate Committees on Appropriations within 90 
     days of the enactment of this Act on its efforts to 
     streamline inspections of facilities insured under Section 
     232 of the National Housing Act and those which the state or 
     local government already inspects in accordance with the 
     guidance of the Centers for Medicare & Medicaid Services 
     (CMS) or applicable state or local law. This report should 
     include timeframe for issuing rules related to these 
     inspections and implementation of new procedures.

                Government National Mortgage Association


GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT

       The conference agreement includes up to $500,000,000,000 
     for new commitments, as proposed by the House and Senate. The 
     conference agreement provides $19,500,000 for personnel 
     compensation and benefits, and other administrative expenses 
     of the Government National Mortgage Association, instead of 
     $19,000,000 as proposed by the House, and $20,000,000 as 
     proposed by the Senate. The conference agreement also 
     modifies language included in the Senate allowing for 
     additional administrative expenses if Ginnie Mae reaches 
     $155,000,000,000 by April 1, 2012.

                    Policy Development and Research


                        RESEARCH AND TECHNOLOGY

       The conference agreement provides $46,000,000 for policy 
     development and research instead of $47,904,000 as proposed 
     by the House and $45,825,000 as proposed by the Senate. The 
     conference agreement also includes language proposed by the 
     Senate requiring at least a 50 percent contribution from 
     HUD's research partners and that all non-competitive 
     agreements comply with the Federal Funding Accountability and 
     Transparency Act of 2006. The conferees have not included 
     funding for the doctoral research grant program or the young 
     scholars post doctoral program.

                   Fair Housing and Equal Opportunity


                        FAIR HOUSING ACTIVITIES

       The conference agreement provides $70,847,000 for the fair 
     housing program as proposed by the Senate instead of 
     $72,000,000 as proposed by the House. Of this amount, 
     $42,500,000 is for the Fair Housing Initiatives Program and 
     $28,347,000 is for the Fair Housing Assistance Program.
       The conference agreement includes $300,000 to continue the 
     translation and promotion of materials to assist persons with 
     limited English proficiency, as proposed by the Senate.

            Office of Healthy Homes and Lead Hazard Control


                         LEAD HAZARD REDUCTION

       The conference agreement provides $120,000,000 for the Lead 
     Hazard Reduction program, as proposed by the Senate. Of this 
     amount, the conference agreement includes up to $10,000,000 
     for the Healthy Homes Initiative, as similarly proposed by 
     the House, and $45,000,000 for areas with the highest lead 
     abatement needs, as proposed by the Senate.

                          Working Capital Fund

       The conference agreement includes $199,035,000 for the 
     Working Capital Fund (WCF), instead of $218,460,000 as 
     proposed by the House and $192,475,000 as proposed by the 
     Senate. The conferees concur with the Senate proposal to fund 
     the salaries and expenses of the WCF under the 
     Administration, Operations and Management account and the 
     requirement that GAO continues to audit, evaluate and report 
     on HUD's IT spend plans, program oversight and IT management.

                      Office of Inspector General

       The conference agreement provides $124,000,000 for the 
     Office of Inspector General, as opposed to $115,000,000 as 
     proposed by the House and $124,750,000 as proposed by the 
     Senate.
       The conferees are concerned about the number of HUD IG 
     field offices and their associated costs, and direct the IG 
     to conduct a review of its field office location policy. In 
     conducting this review, the IG should look for opportunities 
     to achieve efficiencies in its operations, and use existing 
     performance measures such as cases and audits opened and 
     closed, total dollars recovered, convictions made, program 
     improvements identified, and other pertinent measures to 
     determine potential cost savings and office consolidation. 
     This review shall be completed within 180 days of enactment 
     of this Act and delivered to the Committees on 
     Appropriations of the House and Senate.


                       TRANSFORMATION INITIATIVE

       The conference agreement provides $50,000,000 for 
     activities of the Transformation Initiative (TI), instead of 
     $49,745,000 as proposed by the House and a 0.5 percent 
     takedown and transfer as proposed by the Senate. Funds are 
     available until September 30, 2014.
       Of the funds provided, the conference agreement recommends 
     funding the following activities: biennial NOFAs; 
     continuation of the study on the impact of housing on young 
     children; the disciplinary research team; continuation of the 
     pre-purchase counseling study; continuation of the rent 
     reform demonstration; independent PHA assessments, physical 
     needs assessments, and technical assistance for troubled 
     PHAs; the joint core skills certification proposal; Office of 
     Native American Programs technical assistance; and the fair 
     housing and equal opportunity assessment. Further, at least 
     $23,000,000 shall be for OneCPD.
       The conferees will allow up to $5,000,000 to be used for 
     the National Resource Bank, provided that the Department can 
     demonstrate a similar level of effort by its other Federal 
     partners.
       The Secretary may amend the activities proposed for the 
     fiscal year 2012 Transformation Initiative through the 
     reprogramming process with approval from the House and Senate 
     Committees on Appropriations.

    General Provisions--Department of Housing and Urban Development


              (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

       Section 201 splits overpayments evenly between Treasury and 
     State HFAs, as proposed by the House and Senate.
       Section 202 precludes the use of funds to prosecute or 
     investigate legal activities under the Fair Housing Act, as 
     proposed by the House and Senate.
       Section 203 continues language to correct anomalies for 
     HOPWA and specifies jurisdictions in New York and New Jersey 
     and uses

[[Page H7554]]

     three year average, as proposed by the House and Senate.
       Section 204 requires that funds are to be subject to 
     competition unless specified otherwise in statute, as 
     proposed by the House and Senate.
       Section 205 allows HUD to use funds for services to 
     reimburse the Government National Mortgage Association 
     (GNMA), Fannie Mae and other Federal entities for facilities 
     as proposed by the House and Senate.
       Section 206 requires HUD to comport with the budget 
     estimates except as otherwise provided in this Act or through 
     an approved reprogramming, as proposed by the House and 
     Senate.
       Section 207 provides authorization for HUD corporations to 
     utilize funds under certain conditions and restrictions, as 
     proposed by the House and Senate.
       Section 208 requires a report on unexpended balances each 
     quarter, as proposed by the House and Senate.
       Section 209 specifies the distribution of AIDS funds to New 
     Jersey and North Carolina, as proposed by the House and 
     Senate.
       Section 210 requires that the Administration's budget and 
     the Department's budget justifications for fiscal year 2013 
     shall be submitted in the identical account and sub-account 
     structure provided in this Act, as proposed by the House and 
     Senate.
       Section 211 exempts PHA Boards in Alaska, Iowa, and 
     Mississippi and the County of Los Angeles from public housing 
     resident representation requirements, as proposed by the 
     House and Senate.
       Section 212 authorizes HUD to transfer debt and use 
     agreements from an obsolete project to a viable project, 
     provided that no additional costs are incurred, and other 
     conditions are met, as proposed by the Senate. Similar 
     language was proposed by the House.
       Section 213 distributes Native American Housing Block Grant 
     funds to the same Native Alaskan recipients as 2005, as 
     proposed by the House and Senate.
       Section 214 prohibits the HUD Inspector General from 
     changing the basis on which the audit of GNMA is conducted, 
     as proposed by the House and Senate.
       Section 215 modifies a provision proposed by the House and 
     Senate on the requirements for eligibility for Section 8 
     voucher assistance, and includes a consideration for persons 
     with disabilities.
       Section 216 authorizes the Secretary to insure mortgages 
     under Section 255(g) of the National Housing Act, as proposed 
     by the House and Senate.
       Section 217 instructs HUD on managing and disposing of any 
     multifamily property that is owned by HUD, similar to what 
     was proposed by the House and Senate.
       Section 218 provides that the Secretary shall report 
     quarterly on HUD's use of all sole source contracts, as 
     proposed by the House and Senate.
       Section 219 authorizes the Secretary to waive certain 
     requirements on adjusted income for certain assisted living 
     projects for counties in Michigan, as proposed by the Senate.
       Section 220 continues to allow the recipient of a section 
     202 grant to establish a single-asset non-profit entity to 
     own the project and may lend the grant funds to such entity, 
     as proposed by the House and Senate.
       Section 221 continues to allow amounts provided under the 
     Section 108 loan guarantee program to be used to guarantee 
     notes, as proposed by the House.
       Section 222 extends the HOPE VI program until 2012, as 
     proposed by the Senate.
       Section 223 allows PHAs that own and operate 400 units or 
     fewer of public housing to be exempt from asset management 
     requirements, as proposed by the House and Senate.
       Section 224 restricts the Secretary from imposing any 
     requirement or guideline relating to asset management that 
     restricts or limits the use of capital funds for central 
     office costs, up to the limit established in QWHRA, as 
     proposed by the House and Senate.
       Section 225 directs that no employee shall be designated as 
     an allotment holder unless the CFO determines that they have 
     received training, and that the CFO shall ensure that trained 
     allotment holders are designated within 90 days of enactment, 
     as proposed by the House and Senate.
       Section 226 requires that the Secretary shall report 
     quarterly on the status of all Project-Based Section 8 
     housing, as proposed by the House and Senate.
       Section 227 provides that funding for indemnities is 
     limited to non-programmatic litigation, as proposed by the 
     House and Senate.
       Section 228 provides that the Secretary shall publish all 
     NOFAs on the Internet, as proposed by the House and Senate.
       Section 229 modifies the reprogramming guidelines for the 
     Administration, Operations and Management account, the 
     Program Office Salaries and Expenses account, and transfers 
     between the two.
       Section 230 continues the provision that allows the 
     Disaster Housing Assistance Program to be considered a 
     program of HUD for the purpose of income verification, as 
     proposed by the House and Senate.
       Section 231 modifies a provision to require the Comptroller 
     General to conduct a study of CPD block grants, as proposed 
     by the House.
       Section 232 requires the Secretary to improve data quality, 
     data management, and grantee oversight and accountability at 
     the Office of Community Planning and Development, as proposed 
     by the House.
       Section 233 allows the Secretary to transfer up to 
     $10,000,000 of salaries and expenses funds to the ``Working 
     Capital Fund'' as proposed by the Senate.
       Section 234 modifies a provision that limits Section 8 
     (tenant-based rental assistance only) and Section 9 funds 
     from being used to compensate PHA employee salaries that 
     exceed the annual rate of basic pay payable for a position at 
     level IV of the Executive Schedule for fiscal year 2012.
       Section 235 strikes the ``Flexible Subsidy Fund'' provision 
     from Title II of division I of Public Law 108-447 and title 
     III of Public Law 109-115, as proposed by the Senate.
       Section 236 modifies a provision proposed by the Senate to 
     rescind $650,000,000 from the advance appropriation provided 
     for Tenant-Based Rental Assistance in fiscal year 2011.
       Section 237 extends the Mark-to-Market program under the 
     Multifamily Assisted Housing Reform and Affordability Act 
     until October 1, 2015, as proposed by the Senate.
       Section 238 raises the FHA loan limits through December 31, 
     2013, modifying a provision proposed by the Senate.
       Section 239 provides that up to $300,000,000 of the funds 
     provided for the Community Development Fund plus an 
     additional $100,000,000 in disaster funds shall be available 
     for disaster relief.

                      TITLE III--RELATED AGENCIES

                              Access Board


                         SALARIES AND EXPENSES

       The conference agreement includes $7,400,000 for the 
     salaries and expenses of the Access Board.

                      Federal Maritime Commission


                         SALARIES AND EXPENSES

       The conference agreement includes $24,100,000 for the 
     salaries and benefits of the Federal Maritime Commission as 
     proposed by the Senate, instead of $24,087,000 as proposed by 
     the House. Of the funds provided, not more than $2,000 can be 
     used for official reception and representation expenses. The 
     conference agreement does not include an FTE cap as proposed 
     by the House.

  National Railroad Passenger Corporation Office of Inspector General


                         salaries and expenses

       The conference agreement provides $20,500,000 for Amtrak's 
     Office of Inspector General (Amtrak OIG), instead of 
     $22,000,000 as proposed by the House, and $19,311,000 as 
     proposed by the Senate. The agreement requires Amtrak OIG to 
     submit a comprehensive budget justification for fiscal year 
     2013 in similar format and substance to those submitted by 
     other agencies of the federal government.

                  National Transportation Safety Board


                         SALARIES AND EXPENSES

       The conference agreement provides $102,400,000 for the 
     salaries and expenses of the National Transportation Safety 
     Board (NTSB), as proposed by the House. Of this amount, no 
     more than $2,000 may be used for official reception and 
     representation expenses, as proposed by both the House and 
     the Senate.

                 Neighborhood Reinvestment Corporation


          PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

       The conference agreement provides $215,300,000 for the 
     Neighborhood Reinvestment Corporation, as proposed by the 
     House, instead of $200,000,000 as proposed by the Senate.
       The conference agreement includes $80,000,000 for the 
     National Foreclosure Mitigation Counseling (NFMC) program as 
     proposed by the House instead of $65,000,000 as proposed by 
     the Senate. The conferees modify both House and Senate 
     language to allow 5 percent of NFMC funds go towards 
     administrative costs.

           United States Interagency Council on Homelessness


                           OPERATING EXPENSES

       The conference agreement provides $3,300,000. The conferees 
     recommend the increase in this account to be used for the 
     transfer of 5 FTE from HUD to the Interagency Council on 
     Homelessness (ICH).
       Homeless Veterans.--The conferees reiterate language in the 
     Senate report, which directs ICH to continue working with 
     HUD, the Department of Veterans Affairs, and other federal 
     and local partners to improve the HUD-VASH program and 
     address veteran homelessness. The conferees direct ICH to 
     provide a report to the Committees on Appropriations and the 
     relevant authorizing committees on progress being made and 
     opportunities for improvement in the specific areas 
     identified in the Senate report.

                 TITLE IV--GENERAL PROVISIONS, THIS ACT

       Section 401 continues the provision as proposed by the 
     House and the Senate requiring pay raises to be funded within 
     appropriated levels in this Act or previous Appropriations 
     Acts.
       Section 402 continues the provision as proposed by the 
     House and the Senate prohibiting pay and other expenses for 
     non-Federal parties in regulatory or adjudicatory proceedings 
     funded in this Act.
       Section 403 continues the provision as proposed by the 
     House and the Senate prohibiting obligations beyond the 
     current fiscal year and prohibits transfers of funds unless 
     expressly so provided herein.
       Section 404 continues the provision as proposed by the 
     House and the Senate requiring

[[Page H7555]]

     consulting service expenditures of public record in 
     procurement contracts.
       Section 405 continues the provision as proposed by the 
     House and the Senate specifying reprogramming procedures by 
     subjecting the establishment of new offices and 
     reorganizations to the reprogramming process.
       Section 406 continues the provision as proposed by the 
     Senate providing that fifty percent of unobligated S&E 
     balances may remain available for certain purposes.
       Section 407 continues the provision as proposed by the 
     House and the Senate requiring agencies and departments 
     funded herein to report on sole source contracts.
       Section 408 continues the provision as proposed by the 
     House and the Senate prohibiting Federal training not 
     directly related to the performance of official duties.
       Section 409 continues the provision as proposed by the 
     House and the Senate that prohibits funds from being used for 
     any project that seeks to use the power of eminent domain 
     unless eminent domain is employed only for a public use.
       Section 410 continues a provision as proposed by the House 
     and the Senate that denies the transfer of funds made 
     available in this Act to any instrumentality of the United 
     States Government except as authorized by this Act or any 
     other Appropriations Act.
       Section 411 continues a provision as proposed by the House 
     and the Senate that prohibits funds in this Act from being 
     used to permanently replace an employee intent on returning 
     to his past occupation after completion of military service.
       Section 412 continues a provision as proposed by the House 
     and the Senate that prohibits funds in this Act from being 
     used unless the expenditure is in compliance with the Buy 
     American Act.
       Section 413 continues a provision as proposed by the House 
     and the Senate that prohibits funds from being appropriated 
     or made available to any person or entity that has been found 
     to violate the Buy American Act.
       Section 414 prohibits funds for first-class airline 
     accommodations in contravention of section 301-10.122 and 
     301-10.123 of title 41 CFR as proposed by the House.
       Section 415 prohibits funds in this Act from going to the 
     group ACORN or its subsidiaries as proposed by the House and 
     Senate.
       Section 416 requires all agencies and departments funded in 
     this Act to report vehicle fleet inventory and associated 
     costs to Congress at the end of fiscal year 2012. 

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          DIVISION D--FURTHER CONTINUING APPROPRIATIONS, 2012

       The conference agreement includes an extension of 
     continuing appropriations for fiscal year 2012 through 
     December 16, 2011. No new continuing resolution anomalies are 
     included.
       The conferees direct the Department of Defense to continue 
     to carry out, for the duration of the continuing resolution, 
     the counternarcotics programs conducted in fiscal year 2011 
     and reauthorized in the National Defense Authorization Act 
     for Fiscal Year 2012 as passed by the House of 
     Representatives (Sections 1011, 1012, and 1014) and reported 
     by the Senate Committee on Armed Services (Sections 1011, 
     1014, and 1015).
     Harold Rogers,
     C.W. Bill Young,
     Jerry Lewis,
     Frank R. Wolf,
     Jack Kingston,
     Tom Latham,
     Robert B. Aderholt,
     Jo Ann Emerson,
     John Abney Culberson,
     John R. Carter,
     Jo Bonner,
     Steven C. LaTourette,
     Norman D. Dicks,
     Rosa L. DeLauro,
     John W. Olver,
     Ed Pastor,
     David E. Price,
     Sam Farr,
     Chaka Fattah,
     Adam B. Schiff,
                                Managers on the Part of the House.

     Herb Kohl,
     Tom Harkin,
     Dianne Feinstein,
     Tim Johnson,
     Ben Nelson,
     Mark L. Pryor,
     Sherrod Brown,
     Daniel K. Inouye,
     Patty Murray,
     Barbara A. Milkulski,
     Roy Blunt,
     Thad Cochran,
     Mitch McConnell,
     Susan M. Collins,
     Jerry Moran,
     John Hoeven,
     Kay Bailey Hutchison,
     Managers on the Part of the Senate.

                          ____________________