[Congressional Record (Bound Edition), Volume 157 (2011), Part 11]
[Senate]
[Pages 16351-16400]
[From the U.S. Government Publishing Office, www.gpo.gov]




   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
              RELATED AGENCIES APPROPRIATIONS ACT OF 2012

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of H.R. 2112, which the clerk will 
report.
  The legislative clerk read as follows:

       A bill (H.R. 2112) making appropriations for Agriculture, 
     Rural Development, Food and Drug Administration, and Related 
     Agencies programs for the fiscal year ending September 30, 
     2012, and for other purposes.

  Pending:

       Crapo amendment No. 814 (to amendment No. 738), to provide 
     for the orderly implementation of the provisions of title VII 
     of the Dodd-Frank Wall Street Reform and Consumer Protection 
     Act.
       Lee motion to recommit.
       Blunt (for DeMint) amendment No. 763 (to amendment No. 
     738), to prohibit the use of funds to implement regulations 
     regarding the removal of essential-use designation for 
     epinephrine used in oral pressurized metered-dose inhalers.
       Blunt (for DeMint) amendment No. 764 (to amendment No. 
     738), to eliminate a certain increase in funding.
       Coburn amendment No. 794 (to amendment No. 738), to provide 
     taxpayers with an annual report disclosing the cost of, 
     performance by, and areas for improvements for Government 
     programs.
       Coburn amendment No. 795 (to amendment No. 738), to collect 
     more than $500,000,000 from developers for failed, botched, 
     and abandoned projects.
       Coburn amendment No. 797 (to amendment No. 738), to delay 
     or cancel new construction, purchasing, leasing, and 
     renovation of Federal buildings and office space.
       Coburn amendment No. 799 (to amendment No. 738), to 
     prohibit the use of funds to carry out the Rural Energy for 
     America Program.
       Coburn amendment No. 800 (to amendment No. 738), to reduce 
     funding for the Rural Development Agency.
       Coburn amendment No. 801 (to amendment No. 738), to 
     eliminate funding for the Small Community Air Service 
     Development Program.
       Coburn amendment No. 833 (to amendment No. 738), to end the 
     outdated direct payment program and to begin restoring the 
     farm safety net as a true risk management tool.

  The ACTING PRESIDENT pro tempore. The Senator from Wisconsin.


                           Amendment No. 800

  Mr. KOHL. Madam President, the first amendment we will be considering 
today is the Coburn amendment to reduce funding for the rural 
development mission area by $1 billion, or 41 percent, spread equally 
over the agency. I am opposing this amendment. This is not the time to 
curtail essential programs that support jobs and incomes in our rural 
areas. So I will oppose this amendment, and I urge my colleagues to do 
so as well.
  I would now like to yield to Senator Sherrod Brown of Ohio.
  The ACTING PRESIDENT pro tempore. The Senator from Ohio.
  Mr. BROWN of Ohio. Madam President, I rise in opposition to the 
Coburn amendment's 41 percent of a $1 billion cut to USDA's rural 
development mission. Everyone in this Chamber talks about job growth, 
as we should--some of us want to do some more specific things than 
others perhaps--but we have to ask the question: If we are going to 
consider a 40-percent cut to rural development, how does a small town 
recruit a 21st-century business or support entrepreneurs when the best 
it can offer is dial-up Internet access? How does a rural village in 
Allen County, OH, finance a $2\1/2\ million water system without some 
kind of grant or loan?
  The ACTING PRESIDENT pro tempore. Time in opposition to the amendment 
has expired.
  Mr. BROWN of Ohio. I ask my colleagues to vote no on the amendment.
  The ACTING PRESIDENT pro tempore. Without objection, the proponent's 
time is yielded back.
  Mr. DURBIN. I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the amendment.
  The clerk will call the roll.
  The assistant bill clerk called the roll.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Arizona (Mr. McCain) and the Senator from North Carolina (Mr. 
Burr).
  The ACTING PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 13, nays 85, as follows:

                      [Rollcall Vote No. 189 Leg.]

                                YEAS--13

     Coburn
     Corker
     Cornyn
     DeMint
     Graham
     Hatch
     Hutchison
     Inhofe
     Johnson (WI)

[[Page 16352]]


     Kyl
     Toomey
     Paul
       
     Lee
       

                                NAYS--85

     Akaka
     Alexander
     Ayotte
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Cochran
     Collins
     Conrad
     Coons
     Crapo
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Grassley
     Hagan
     Harkin
     Heller
     Hoeven
     Inouye
     Isakson
     Johanns
     Johnson (SD)
     Kerry
     Kirk
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lugar
     Manchin
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Portman
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Rubio
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--2

     Burr
     McCain
       
  The amendment (No. 800) was rejected.
  The ACTING PRESIDENT pro tempore. The Senator from Wisconsin.
  Mr. KOHL. Madam President, I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senator from Kentucky is to be recognized to offer an amendment.
  The Senator from Kentucky.


                 Amendment No. 821 to Amendment No. 738

  Mr. PAUL. Madam President, I call up my amendment No. 821.
  Mrs. BOXER. Parliamentary inquiry.
  The ACTING PRESIDENT pro tempore. The Senator will withhold.
  The Senator from California.
  Mrs. BOXER. I want to make sure I will have a minute to respond 
against the amendment.
  The ACTING PRESIDENT pro tempore. That is correct. There is 2 minutes 
evenly divided on this amendment.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Paul] proposes an amendment 
     numbered 821 to amendment No. 738.

  Mr. PAUL. Madam President, I ask unanimous consent that the reading 
of the amendment be waived.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

  (Purpose: To reallocate 10 percent of the amounts appropriated for 
   capital investments in surface transportation infrastructure from 
  transportation enhancement activities to the highway bridge program)

       On page 213, line 13, insert ``: Provided further, That 
     notwithstanding section 133(d)(2) of title 23, United States 
     Code, none of the funds made available under this heading may 
     be used to implement or execute transportation enhancement 
     activities: Provided further, That at least 10 percent of the 
     funds made available under this heading shall be made 
     available for the highway bridge program authorized under 
     section 144 of title 23, United States Code'' before the 
     period at the end.

  Mr. PAUL. Madam President, this amendment will secure funds for 
preparing our Nation's bridges. I have stood with the President in the 
shadows of our crumbling bridges. I told the President personally that 
I would help to rebuild the bridges.
  This amendment should be bipartisan. This amendment should be 
noncontroversial. This amendment spends no new money and raises no new 
taxes. This amendment simply takes funds from beautification and puts 
them into bridges.
  As legislators, we need to prioritize and spend money on what is most 
important to us. Some on the other side may like the beautification 
projects. We like them also. But we are running a $1.5 trillion 
deficit, and we must prioritize.
  If we wish to fix our Nation's bridges and if we are serious about 
it, we will pass this amendment, which will immediately create a fund 
to begin fixing our Nation's bridges.
  I reserve the remainder of my time.
  The ACTING PRESIDENT pro tempore. The Senator from California.
  Mrs. BOXER. Madam President, this amendment is not about taking funds 
from beautification and putting them into bridges. As a matter of fact, 
what this amendment does is it prohibits any bridge that is a historic 
bridge from being fixed, and there are thousands of those bridges all 
over this great Nation, including the Brooklyn Bridge.
  Second, it would tell our States they can't use these TIGR funds for 
things they want. I know my colleague thinks it is beautification to 
have a pedestrian or a bicycle path built. The fact is, 13 percent of 
traffic fatalities nationwide occur because we don't have these safety 
improvements. There were 47,000 pedestrians killed between 2000 and 
2009. That is the equivalent of a jumbo jet crashing every month. So 
this isn't about taking money for beautification.
  Senator Inhofe and I have worked very closely to make sure we are not 
frivolous in what we fund.
  Please vote this down. We have voted down a similar amendment before.
  The ACTING PRESIDENT pro tempore. The Senator from Kentucky has 3 
seconds.
  Mr. PAUL. Three million dollars was spent on a turtle tunnel. Do you 
want to keep spending on turtle tunnels or fix our bridges?
  The ACTING PRESIDENT pro tempore. The time of the Senator has 
expired. Under the previous order, 60 votes are required for the 
adoption of this amendment.
  Mr. PAUL. I ask for the yeas and nays, Madam President.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second? There 
appears to be a sufficient second.
  The question is on agreeing to the amendment.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Arizona (Mr. McCain) and the Senator from North Carolina (Mr. 
Burr).
  The ACTING PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 38, nays 60, as follows:

                      [Rollcall Vote No. 190 Leg.]

                                YEAS--38

     Ayotte
     Barrasso
     Blunt
     Boozman
     Chambliss
     Coats
     Coburn
     Corker
     Cornyn
     Crapo
     DeMint
     Enzi
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Hutchison
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lee
     Lugar
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                                NAYS--60

     Akaka
     Alexander
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Inhofe
     Inouye
     Johnson (SD)
     Kerry
     Kirk
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Snowe
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--2

     Burr
     McCain
  The ACTING PRESIDENT pro tempore. On this vote, the yeas are 38, the 
nays are 60. Under the previous order requiring 60 votes for the 
adoption of this amendment, the amendment is rejected.
  The Senator from Wisconsin.
  Mr. KOHL. Mr. President, I move to reconsider the vote.
  Mr. BLUNT. I move to lay the motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 763

  The ACTING PRESIDENT pro tempore. There will now be 2 minutes, evenly 
divided, on amendment No. 763.
  The Senator from South Carolina.
  Mr. DeMINT. Madam President, 3 million Americans use over-the-counter 
inhalers to control asthma and other respiratory problems. Three

[[Page 16353]]

years ago, the EPA came out with a ruling that bans these over-the-
counter inhalers which takes effect this----
  Mr. ROBERTS. Madam President, I do not think the Senate is in order. 
This is a very important amendment. I have a bill on this amendment 
which is the same thing. I would ask for order.
  The ACTING PRESIDENT pro tempore. The Senate will be in order.
  The Senator from South Carolina.
  Mr. DeMINT. The EPA has banned these inhalers, even though they 
acknowledged negligible impact on the environment. My amendment just 
keeps this rule from going into effect until the manufacturer can 
complete its work with the FDA to change its propellent.
  Let's allow Americans to continue their quality of life while we 
solve the problem. We don't need to do that this January. It will be 
solved without the FDA enforcing this rule.
  I reserve the remainder of my time.
  The ACTING PRESIDENT pro tempore. The Senator from California.
  Mrs. BOXER. This amendment affects the ability of people with asthma 
to purchase an inhaler that works, and the American Lung Association 
opposes this amendment. The American Thoracic Society, which is the 
expert--these are the experts on anything to do with respiratory 
diseases. There are 150,000 doctors who oppose this amendment.
  I am perplexed by it because the reason we want to get away from 
these CFCs is because Ronald Reagan signed the treaty to do away with 
them and George W. Bush passed the rule to do away with them.
  On behalf of the people who depend on inhalers that work right, that 
don't use CFCs, I hope we will stand with the Lung Association and the 
150,000 doctors of the Thoracic Society.
  I hope we will vote this down.
  Mr. DeMINT. Madam President, how much time do I have left?
  The ACTING PRESIDENT pro tempore. The Senator from South Carolina has 
18 seconds.
  Mr. DeMINT. Certainly, there are many doctors who want folks to come 
in and get prescriptions. There are many manufacturers who make 
prescription drugs, but let 3 million Americans access these inhalers. 
They do not cause any problems with the environment. The EPA has 
recognized it is negligible and the manufacturer will have this worked 
out over the next few years.
  The ACTING PRESIDENT pro tempore. The question is on agreeing to the 
amendment.
  Mr. DeMINT. Madam President, I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  The ACTING PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from North Carolina (Mr. Burr) and the Senator from Arizona (Mr. 
McCain).
  The result was announced--yeas 44, nays 54, as follows:

                      [Rollcall Vote No. 191 Leg.]

                                YEAS--44

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Chambliss
     Coats
     Coburn
     Cochran
     Corker
     Cornyn
     Crapo
     DeMint
     Enzi
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kirk
     Kyl
     Lee
     Lugar
     McConnell
     Moran
     Murkowski
     Nelson (NE)
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Snowe
     Thune
     Toomey
     Vitter
     Wicker

                                NAYS--54

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Inouye
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--2

     Burr
     McCain
       
  The amendment (No. 763) was rejected.
  Mr. REID. Madam President, I move to reconsider the vote and to lay 
that motion on the table.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The motion to lay on the table was agreed to.
  Mr. REID. Madam President, it is my understanding that on the next 
vote scheduled, the Crapo amendment, Senator Crapo and Senator Stabenow 
will enter into a colloquy, and I ask unanimous consent that they both 
be given 2 minutes to explain what this is all about.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The Senator from Idaho.


                      Amendment No. 814 Withdrawn

  Mr. CRAPO. Madam President, as the leader has indicated, I will 
withdraw this amendment at the conclusion of this colloquy, but I want 
to make sure my colleagues understand what the amendment does.
  This amendment prohibits any funds from being used by the CFTC to 
promulgate any final rules under title VII until the agency 
substantiates that those rules are economically beneficial, adhere to 
congressional intent, provide end users with a clear exemption from 
margin requirements, and set clear bounds on the overseas application 
of derivatives requirements.
  While there is not yet a bipartisan agreement to go forward with this 
amendment at this time, there is a bipartisan list of issues that 
regulators need to address. They need to protect end users from 
burdensome margin requirements. Margin requirements proposed by 
regulators currently ignore the clear intent of Congress not to impose 
them on end users. They need to limit the extraterritorial application 
of title VII per congressional intent in sections 722 and 764. This is 
also being addressed in the House of Representatives. They need to 
encourage greater coordination and harmonization between the SEC, the 
CFTC, and international regulators to seek broad harmonization of 
cross-border issues, and they need to ensure that the new rules are 
subject to robust and quantitative assessment of the costs and 
benefits.
  The regulators involved in our rulemaking process should know that 
Congress is going to closely monitor how they proceed, and we expect a 
change in course. If we don't get that change in course, then we will 
need to return to this kind of legislation.
  I wish to thank Senator Stabenow for working with me. She and many 
other Senators across the aisle have indicated a willingness to help 
try to achieve these objectives and to work together to try to make 
this happen.
  With that, I yield my time to Senator Stabenow.
  The ACTING PRESIDENT pro tempore. The Senator from Michigan.
  Ms. STABENOW. Thank you, Madam President. First I wish to thank my 
colleague for raising issues of great importance to all of us. 
Financial regulatory reform is critically important for our country 
moving forward. Senator Crapo and I spoke earlier about this amendment. 
We have a number of areas of shared concern and I have committed to 
work with him on these issues.
  First and foremost, I agree with my friend from Idaho that we need to 
protect our manufacturers, our rural co-ops, energy providers, and 
other companies that use financial products to manage their legitimate 
business risks. These end users did not cause the financial crisis. So 
when we passed Wall Street reform, we included protections for them.
  We have held several hearings in the Agriculture Committee to 
reinforce to the regulators that manufacturers and others need to be 
protected. We will continue to do that oversight.
  We certainly agree that as new rules are written, we need have an 
open and transparent process. I believe the Commodity Futures Trading 
Commission

[[Page 16354]]

has created, in fact, an open and transparent process and has worked to 
improve that process over time. They have held roundtables, sought 
public comment, and are making changes based on those comments to 
ensure that the new rules work. But it is important that Congress 
continues to work with the agencies to get these rules right. We also 
expect the agencies to work with each other and with their 
international counterparts. We need to make sure rules are robust and 
consistent across international borders, avoiding a regulatory race to 
the bottom while using ``mutual recognition'' as a guidepost. Most 
importantly, the agencies need to create these rules in a way that 
provides businesses with market certainty. To that end, we will be 
holding another oversight hearing in the next few weeks.
  It is important that we continue to urge the regulators to be mindful 
of the effects that these rules will have on American businesses. It is 
also important to remember that we passed reform because of the serious 
consequences of the financial crisis. Millions of families lost their 
homes, countless businesses shuttered, 8 million jobs lost. We need to 
ensure that the rules are not written in a way that creates incentives 
for banks to move their operations overseas to avoid oversight--we 
share that concern. We definitely need to get the rules right and keep 
the jobs here in America.
  The ACTING PRESIDENT pro tempore. The time of the Senator has 
expired.
  Ms. STABENOW. As I have told my colleague, I will continue to work 
with him on these important issues.
  The ACTING PRESIDENT pro tempore. The Senator from Idaho.
  Mr. CRAPO. Madam President, The amendment prohibits any funds from 
being used by the CFTC to promulgate any final rules under Title VII 
until the agency substantiates that those rules are economically 
beneficia1, adheres to congressional intent to provide end-users with a 
clear exemption from margin requirements, and sets clear bounds on the 
overseas application of the derivatives requirements.
  While there is not yet bipartisan agreement to go forward with this 
amendment at this time, there is a bipartisan list of issues that the 
regulators need to address:
  Protect end-users from burdensome margin requirements. Margin 
requirements proposed by regulators currently ignore the clear intent 
of Congress not to impose margin on end users.
  Limit the extraterritorial application of title VII per Congressional 
intent in Sections 722 and 764. In the House of Representatives 
bipartisan legislation was just introduced that sets clear bounds on 
overseas application of the derivatives requirements, while allowing 
regulators to stop systemically dangerous transactions intended to 
evade U.S. requirements.
  Encourage greater coordination and harmonization between the SEC, 
CFTC, and international regulators to seek broad harmonization of 
cross-border issues.
  Ensure new rules are subject to robust and quantitative assessment of 
costs and benefits.
  The regulators involved in the rulemaking process should understand 
that Congress is going to closely monitor how they proceed and we 
expect a change in course.
  If the regulators ignore congressional intent and fail to adequately 
harmonize their rules with each other and with their foreign 
counterparts, then it is my intention to revisit this amendment and 
push for a vote.
  Madam President, I ask unanimous consent that my amendment be 
withdrawn.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. LEVIN. Madam President, I am pleased that Senator Crapo has 
withdrawn his amendment, No. 814. I would have opposed this amendment 
because it would have brought to a screeching halt the financial 
reforms Congress recently enacted to end Wall Street abuses, because it 
would weaken capital and margin requirements to limit risk, and because 
it would add to the law multiple layers of complexity.
  Congress enacted the Dodd-Frank Wall Street Reform and Consumer 
Protection Act to put a cop back on the Wall Street beat. It ended the 
decades of deregulation that helped unleash the forces of self-dealing 
and conflicts of interest that thrust our economy into the recession 
from which we are still digging out.
  The Crapo amendment would have forced the key Federal banking, 
commodities and securities regulators to stop issuing all regulations 
to implement the Dodd-Frank law until they issued a host of studies. It 
would have buried financial reform under an unprecedented regulatory 
procedure requiring piles of new paperwork. The new procedures and 
studies could have required years of additional delay, when Congress 
has already decided that financial reforms are needed now to protect 
the public from high risk financial activities. That was reason enough 
to oppose the Crapo amendment.
  Second, the Crapo amendment would have weakened a key set of reforms 
contained in the Dodd-Frank Act, requiring capital and margin 
requirements to reduce risk in the shadowy market in derivatives. Now, 
just as rules requiring increased transparency and accountability are 
starting to become a reality, some have decided that they prefer the 
derivatives market the way it was before.
  Some too quickly forget exactly why we need transparency, 
accountability, and reduced risk. So let me remind us all about AIG. A 
small unit, based in London and buried within the bowels of AIG, nearly 
brought about the collapse of the firm, and with it, the world economy. 
They sold a type of derivative called a credit default swap. Lots of 
them. While they got paid for taking on the risk behind those swaps, 
they had insufficient reserves to pay off the bets if they lost. Later, 
when all of those swaps went bad, they simply did not have the funds to 
pay off their bets. And only AIG knew how much it owed to whom, because 
the swaps market had no transparency. Federal regulators were 
prohibited by law from overseeing swaps.
  Worse yet, Federal regulators could not just let AIG fail, because 
the losses to those on the other side of their bets could have brought 
them down as well. A global nightmare caused by one small unit of one 
company, allowed to run wild by selling a ton of swaps without the 
reserves to pay off the bets if they lost. So taxpayers bailed out AIG, 
and through them, the banks and companies that did business with AIG. 
If those banks had been allowed to collapse, the financial markets 
would have frozen. Companies would have been unable to get funds they 
needed to operate and grow. Families would have been unable to get 
loans to fund their educations, to buy cars and homes, and live.
  The Dodd-Frank Act was designed to prevent that nightmare from 
happening again. It would institute new capital and margin requirements 
for swap dealers and other major participants active in the derivative 
markets. Yet just as we start to restore sanity and put the financial 
cops back on the Wall Street beat, the Crapo amendment would have 
stopped the cops from doing their jobs. The amendment would have 
fundamentally undermined Dodd-Frank in two principal ways. First, it 
would have delayed any new regulations as already described. Second, 
the amendment would have carved out vast amounts of derivatives trades 
from the new protections.
  While the amendment was written in a complex way, it seems to 
prohibit the CFTC from imposing capital and margin requirements for a 
whole host of swaps. Let me give you an example. As I understand the 
amendment, it could have prohibited the CFTC from using any of its 
funds to regulate derivatives involving at least one party that's a 
favored entity. Some of the favored entities are even investment firms.
  Take, for example, the Hudson CDO that my Subcommittee on 
Investigations examined. It was a $2 billion synthetic CDO designed by 
Goldman Sachs and then turned over to a special purpose investment 
vehicle set up by Goldman Sachs in the Cayman Islands.

[[Page 16355]]

That company issued the Hudson credit default swap that allowed Goldman 
Sachs to bet against the very instrument it had constructed. If one of 
the purchasers of this bet was a manufacturing firm or some other type 
of special entity, shouldn't they also be protected?
  For the last decade, the CFTC couldn't do anything to regulate swaps 
because the Commodity Futures Modernization Act explicitly exempted 
swaps from all government oversight. The Dodd-Frank Act reversed that 
ill-advised policy by making swaps once again subject to federal 
regulation and oversight. The Crapo amendment would have restored some 
of those exemptions and done it in a way that is poorly designed, and 
could have engendered years of litigation over what it meant.
  In short, the Crapo amendment would have delayed important financial 
reforms, reduced protections against taxpayer bailouts, and crippled 
the abilities of our regulators to set the new rules of the road. To 
me, the Crapo amendment had a pretty simple message: return to the 
financial deregulation that preceded, and contributed to, the financial 
crisis of the last few years.
  I am of the opposite view. I think that the collapse of AIG, Bear 
Stearns, Lehman Brothers, Merrill Lynch, Washington Mutual, and 
countless other firms teach us a different lesson. The findings of the 
bipartisan investigation conducted by the Permanent Subcommittee on 
Investigations tell a different story. Our financial system needs a cop 
back on the beat. I am glad that the Crapo amendment has been 
withdrawn.
  Mr. REID. Madam President, I hope everyone just listened to and 
watched the exemplary way we are ridding ourselves of some of these 
amendments. We have two more amendments and it would be great if we 
didn't have to vote on those. I think the explanation given by the two 
Senators is an indication that progress can be made even without a 
vote.
  I ask unanimous consent, since the amendment next in line is being 
delayed, that we move to the Coburn amendment.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The Senator from Oklahoma.


                        Coburn Amendment No. 801

  Mr. COBURN. Madam President, this is a straightforward amendment on a 
program that fails 70 percent of the time. We spend $35 million a year. 
It has an abject failure rate. Only 30 percent of it results in 
anything positive happening; 70 percent of the time it does not. The 
Obama administration and the Bush administration thought this program 
should be canceled.
  I reserve the remainder of my time.
  The ACTING PRESIDENT pro tempore. The Senator from Maine.
  Ms. COLLINS. Madam President, only $6 million is provided for this 
program, but it makes a big difference for small rural communities that 
are struggling to provide air service. Air service is so important to 
jobs and economic development in these regions.
  It is important to note that there is a requirement for State and 
local participation in these programs, and that there is a high demand. 
Nearly 300 communities across this country have benefited from this 
program since its establishment. Senator Hutchison has offered to 
tighten up the program to meet the concern of the Senator from 
Oklahoma.
  I urge my colleagues to reject the amendment. This is critical to 
small rural communities.
  The ACTING PRESIDENT pro tempore. The Senator from Oklahoma.
  Mr. COBURN. Madam President, what the Senator from Maine just said is 
that $4.2 million is going to be unsuccessful and $2.8 million might 
be. The fact is that with a $1.3 trillion deficit and a $15 trillion 
debt, we can't continue to do this no matter how great it sounds when 
it fails 70 percent of the time.
  I ask for the yeas and nays on my amendment.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the amendment.
  The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from North Carolina (Mr. Burr) and the Senator from Arizona (Mr. 
McCain).
  The PRESIDING OFFICER (Mr. Tester). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 41, nays 57, as follows:

                      [Rollcall Vote No. 192 Leg.]

                                YEAS--41

     Alexander
     Ayotte
     Barrasso
     Bennet
     Boozman
     Brown (MA)
     Carper
     Chambliss
     Coats
     Coburn
     Coons
     Corker
     Cornyn
     Crapo
     DeMint
     Enzi
     Graham
     Grassley
     Hatch
     Heller
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lee
     Lieberman
     McCaskill
     McConnell
     Murkowski
     Paul
     Portman
     Risch
     Rubio
     Sessions
     Shaheen
     Shelby
     Thune
     Toomey
     Udall (CO)
     Vitter

                                NAYS--57

     Akaka
     Baucus
     Begich
     Bingaman
     Blumenthal
     Blunt
     Boxer
     Brown (OH)
     Cantwell
     Cardin
     Casey
     Cochran
     Collins
     Conrad
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Hoeven
     Hutchison
     Inouye
     Johnson (SD)
     Kerry
     Kirk
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lugar
     Manchin
     Menendez
     Merkley
     Mikulski
     Moran
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Sanders
     Schumer
     Snowe
     Stabenow
     Tester
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--2

     Burr
     McCain
       
  The amendment (No. 801) was rejected.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. LEE. Mr. President, I have a motion to recommit at the desk.
  The PRESIDING OFFICER. The motion is pending. The Senator has 1 
minute.


                           Motion to Recommit

  Mr. LEE. Mr. President, I filed this motion to recommit H.R. 2112 
with instructions to send this ``moneybus'' back to the Committee on 
Appropriations for one simple reason: it spends more for the same set 
of expenditures in fiscal year 2012 than it did in 2011 to the tune of 
about $10 billion.
  I understand there are reasons for this excess. I understand when we 
look at individual components of the 2012 provisions there may be some 
cuts in there. But the overall picture, the entire pie, is about $10 
billion more than what we had in fiscal year 2011.
  Unless we can be open and transparent with the American people and 
acknowledge the fact that we are, in fact, spending more, I think this 
is a problem. We have to get the fiscal house in order, and this is how 
it is perpetuated, when we claim we are cutting when we are, in fact, 
spending more. That is the reason for this motion to recommit. I urge 
my colleagues to support it.
  The PRESIDING OFFICER. The Senator from Hawaii.
  Mr. INOUYE. This motion to recommit purports to set discretionary 
spending at fiscal year 2011 levels for these three bills. But this 
motion is extremely misleading because increased mandatory spending 
included in the three bills--they are not touching that.
  Agriculture alone would see a $7 billion cut due to increases in 
mandatory programs. If we include the emergency disaster relief, it 
would force an additional cut of $3.2 billion. The measure before us is 
within our 302(b) allocation scored by the CBO and the Senate Budget 
Committee, and it meets every requirement of the Budget Control Act.
  I strongly urge a ``no'' vote.
  Mr. LEE. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the motion. The clerk will call the 
roll.
  The bill clerk called the roll.

[[Page 16356]]


  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Arizona (Mr. McCain).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 39, nays 60, as follows:

                      [Rollcall Vote No. 193 Leg.]

                                YEAS--39

     Ayotte
     Barrasso
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Corker
     Cornyn
     Crapo
     DeMint
     Enzi
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kirk
     Kyl
     Lee
     Lugar
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Snowe
     Thune
     Toomey
     Vitter
     Wicker

                                NAYS--60

     Akaka
     Alexander
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Hutchison
     Inouye
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--1

       
     McCain
       
  The motion was rejected.
  Mr. KOHL. Mr. President, I move to reconsider the vote.
  Mr. DURBIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 764

  Mr. KOHL. Mr. President, I raise a point of order against the pending 
DeMint amendment No. 764.
  The PRESIDING OFFICER. The point of order is sustained. The Senator's 
amendment falls.


   Amendments Nos. 794, 795, 797, 799, and 833 to Amendment No. 738, 
                               Withdrawn

  The PRESIDING OFFICER. Under the previous order, the remaining Coburn 
amendments are withdrawn.
  Mrs. MURRAY. Mr. President, I am so pleased that we have completed 
work on the transportation, housing and urban development 
appropriations bill. This is an important bill that supports critical 
transportation investments--it is a jobs bill. It also supports housing 
and services for the Nation's most vulnerable.
  This bill was difficult to put together, and there are cuts in here 
that I would rather not see. But on the whole it is a good bill. I 
thank all of my colleagues for all of the efforts and input on this 
bill, and I look forward to working with the House to get a final bill 
that we can send to the President.
  I want to say a special thank-you to Senator Collins and her staff 
for all of their hard work. Senator Collins has been a great partner. 
And I thank my own staff as well for all their efforts.
  The PRESIDING OFFICER. The question is on the engrossment of the 
amendments and third reading of the bill.
  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill was read a third time.
  The PRESIDING OFFICER. The bill, having been read for the third time, 
the question is, Shall the bill pass, as amended?
  Mr. BROWN of Massachusetts. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Arizona (Mr. McCain).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 69, nays 30, as follows:

                      [Rollcall Vote No. 194 Leg.]

                                YEAS--69

     Akaka
     Alexander
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Graham
     Hagan
     Harkin
     Hoeven
     Hutchison
     Inouye
     Johanns
     Johnson (SD)
     Kerry
     Kirk
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--30

     Ayotte
     Barrasso
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Corker
     Cornyn
     Crapo
     DeMint
     Enzi
     Grassley
     Hatch
     Heller
     Inhofe
     Isakson
     Johnson (WI)
     Kyl
     Lee
     Lugar
     McConnell
     Paul
     Portman
     Risch
     Rubio
     Sessions
     Thune
     Toomey
     Vitter

                             NOT VOTING--1

       
     McCain
       
  The bill (H.R. 2112), as amended, was passed, as follows:

                               H.R. 2112

         Resolved, That the bill from the House of Representatives 
     (H.R. 2112) entitled ``An Act making appropriations for 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies programs for the fiscal year ending 
     September 30, 2012, and for other purposes.'', do pass with 
     the following amendments:
       Strike out all after the enacting clause and insert the 
     following:

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

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

                                TITLE I

                         AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                        Office of the Secretary

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

                       Office of Tribal Relations

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

                          Executive Operations

                     office of the chief economist

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

                       national appeals division

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

                 office of budget and program analysis

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

         office of homeland security and emergency coordination

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

                    Office of Advocacy and Outreach

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

                Office of the Chief Information Officer

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

                 Office of the Chief Financial Officer

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

           Office of the Assistant Secretary for Civil Rights

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

                         Office of Civil Rights

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

          Office of the Assistant Secretary for Administration

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

[[Page 16357]]



        Agriculture Buildings and Facilities and Rental Payments

                     (including transfers of funds)

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

                     Hazardous Materials Management

                     (including transfers of funds)

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

                      Departmental Administration

                     (including transfers of funds)

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

     Office of the Assistant Secretary for Congressional Relations

                     (including transfers of funds)

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

                        Office of Communications

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

                      Office of Inspector General

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

                     Office of the General Counsel

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

  Office of the Under Secretary for Research, Education and Economics

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

                       Economic Research Service

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

                National Agricultural Statistics Service

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

                     Agricultural Research Service

                         salaries and expenses

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

               National Institute of Food and Agriculture

                   research and education activities

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

[[Page 16358]]

     for a competitive grants program regarding biobased energy (7 
     U.S.C. 8114), $2,246,000; and for necessary expenses of 
     Research and Education Activities, $11,006,000, of which 
     $2,645,000 for the Research, Education, and Economics 
     Information System and $2,089,000 for the Electronic Grants 
     Information System, are to remain available until expended.

              native american institutions endowment fund

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

 Hispanic-Serving Agricultural Colleges and Universities Endowment Fund

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

                          extension activities

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

                         integrated activities

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

  Office of the Under Secretary for Marketing and Regulatory Programs

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

               Animal and Plant Health Inspection Service

                         salaries and expenses

                     (including transfers of funds)

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

                        buildings and facilities

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

                     Agricultural Marketing Service

                           marketing services

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

                 limitation on administrative expenses

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

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

                     (including transfers of funds)

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

                   payments to states and possessions

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

[[Page 16359]]



        Grain Inspection, Packers and Stockyards Administration

                         salaries and expenses

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

        Limitation on Inspection and Weighing Services Expenses

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

             Office of the Under Secretary for Food Safety

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

                   Food Safety and Inspection Service

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

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

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

                          Farm Service Agency

                         salaries and expenses

                     (including transfers of funds)

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

                         state mediation grants

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

               grassroots source water protection program

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

                        dairy indemnity program

                     (including transfer of funds)

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

           agricultural credit insurance fund program account

                     (including transfers of funds)

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

                         Risk Management Agency

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

                              CORPORATIONS

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

                Federal Crop Insurance Corporation Fund

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

                   Commodity Credit Corporation Fund

                 reimbursement for net realized losses

                     (including transfers of funds)

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

                       hazardous waste management

                        (limitation on expenses)

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

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

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

                 Natural Resources Conservation Service

                        conservation operations

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

[[Page 16360]]

     structures are erected on non-Federal land, that the right to 
     use such land is obtained as provided in 7 U.S.C. 2250a.

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

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

                Rural Development Salaries and Expenses

                     (including transfers of funds)

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

                         Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

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

                       rental assistance program

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

          multi-family housing revitalization program account

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

                  mutual and self-help housing grants

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

                    rural housing assistance grants

                     (including transfer of funds)

       For grants and contracts for very low-income housing 
     repair, supervisory and technical assistance, compensation 
     for construction defects, and rural housing preservation made 
     by the Rural Housing Service, as authorized by 42 U.S.C. 
     1474, 1479(c), 1490e, and 1490m, $34,271,000, to remain 
     available until expended:  Provided, That of the total amount 
     appropriated under this heading, the amount equal to the 
     amount of Rural Housing Assistance Grants allocated by the 
     Secretary for Rural Economic Area Partnership Zones for the 
     fiscal year 2011, shall be available through June 30, 2012, 
     for communities designated by the Secretary of Agriculture as 
     Rural Economic Area Partnership

[[Page 16361]]

     Zones:  Provided further, That any balances to carry out a 
     housing demonstration program to provide revolving loans for 
     the preservation of low-income multi-family housing projects 
     as authorized in Public Law 108-447 and Public Law 109-97 
     shall be transferred to and merged with the ``Rural Housing 
     Service, Multi-family Housing Revitalization Program 
     Account''.

               rural community facilities program account

                     (including transfers of funds)

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

                  Rural Business--Cooperative Service

                     rural business program account

                     (including transfers of funds)

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

              rural development loan fund program account

                     (including transfer of funds)

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

            rural economic development loans program account

                    (including rescission of funds)

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

                  rural cooperative development grants

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

                    rural energy for america program

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

                        Rural Utilities Service

             rural water and waste disposal program account

                     (including transfers of funds)

       For the cost of direct loans, loan guarantees, and grants 
     for the rural water, waste water, waste disposal, and solid 
     waste management programs authorized by sections 306, 306A, 
     306C, 306D, 306E, and 310B and described in sections 
     306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated 
     Farm and Rural Development Act, $509,295,000, to remain 
     available until expended, of which not to exceed $422,000 
     shall be available for the rural utilities program described 
     in section 306(a)(2)(B) of such Act, and of which not to 
     exceed $844,000 shall be available for the rural utilities 
     program described in section 306E of such Act:  Provided, 
     That $67,200,000 of the amount appropriated under this 
     heading shall be for loans and grants including water and 
     waste disposal systems grants authorized by 306C(a)(2)(B) and 
     306D of the Consolidated Farm and Rural Development Act, 
     Federally recognized Native American Tribes authorized by 
     306C(a)(1), and the Department of Hawaiian Home Lands (of the 
     State of Hawaii):  Provided further, That funding provided 
     for section 306D of the Consolidated Farm and Rural 
     Development Act may be provided to a consortium formed 
     pursuant to section 325 of Public Law 105-83:  Provided 
     further, That not more than 2 percent of the funding provided 
     for section 306D of the Consolidated Farm and Rural 
     Development Act may be used by the State of Alaska for 
     training and technical assistance programs and not more than 
     2 percent of the funding provided for section 306D of the 
     Consolidated Farm and Rural Development Act may be used by a 
     consortium formed pursuant to section 325 of Public Law 105-
     83 for training and technical assistance programs:  Provided 
     further, That not to exceed $19,000,000 of the amount 
     appropriated under this heading shall be for technical 
     assistance grants for rural water and waste systems pursuant 
     to section 306(a)(14) of such Act, unless the

[[Page 16362]]

     Secretary makes a determination of extreme need, of which 
     $5,750,000 shall be made available for a grant to a qualified 
     non-profit multi-state regional technical assistance 
     organization, with experience in working with small 
     communities on water and waste water problems, the principal 
     purpose of such grant shall be to assist rural communities 
     with populations of 3,300 or less, in improving the planning, 
     financing, development, operation, and management of water 
     and waste water systems, and of which not less than $800,000 
     shall be for a qualified national Native American 
     organization to provide technical assistance for rural water 
     systems for tribal communities:  Provided further, That not 
     to exceed $15,000,000 of the amount appropriated under this 
     heading shall be for contracting with qualified national 
     organizations for a circuit rider program to provide 
     technical assistance for rural water systems:  Provided 
     further, That of the amount appropriated under this heading, 
     the amount equal to the amount of Rural Water and Waste 
     Disposal Program Account funds allocated by the Secretary for 
     Rural Economic Area Partnership Zones for the fiscal year 
     2011, shall be available through June 30, 2012, for 
     communities designated by the Secretary of Agriculture as 
     Rural Economic Area Partnership Zones for the rural utilities 
     programs described in section 381E(d)(2) of the Consolidated 
     Farm and Rural Development Act:  Provided further, That 
     $10,000,000 of the amount appropriated under this heading 
     shall be transferred to, and merged with, the Rural Utilities 
     Service, High Energy Cost Grants Account to provide grants 
     authorized under section 19 of the Rural Electrification Act 
     of 1936 (7 U.S.C. 918a):  Provided further, That any prior 
     year balances for high cost energy grants authorized by 
     section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 
     918a) shall be transferred to and merged with the Rural 
     Utilities Service, High Energy Costs Grants Account:  
     Provided further, That sections 381E-H and 381N of the 
     Consolidated Farm and Rural Development Act are not 
     applicable to the funds made available under this heading:  
     Provided further, That any prior balances in the Rural 
     Development, Rural Community Advancement Program account 
     programs authorized by sections 306, 306A, 306C, 306D, 306E, 
     and 310B and described in sections 306C(a)(2), 306D, 306E, 
     and 381E(d)(2) of such Act be transferred to and merged with 
     this account and any other prior balances from the Rural 
     Development, Rural Community Advancement Program account that 
     the Secretary determines is appropriate to transfer.

   rural electrification and telecommunications loans program account

                     (including transfer of funds)

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

         distance learning, telemedicine, and broadband program

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

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

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

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

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

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

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

               supplemental nutrition assistance program

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

                      commodity assistance program

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

                   nutrition programs administration

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

[[Page 16363]]



                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                         salaries and expenses

                     (including transfers of funds)

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

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

                     (including transfers of funds)

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

                     food for peace title ii grants

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

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

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

 commodity credit corporation export (loans) credit guarantee program 
                                account

                     (including transfers of funds)

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

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

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

                        buildings and facilities

       For plans, construction, repair, improvement, extension, 
     alteration, and purchase of fixed equipment or facilities of 
     or used by the Food and Drug Administration, where not 
     otherwise

[[Page 16364]]

     provided, $8,982,000, to remain available until expended.

                           INDEPENDENT AGENCY

                       Farm Credit Administration

                 limitation on administrative expenses

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

                               TITLE VII

                           GENERAL PROVISIONS

             (including rescissions and transfers of funds)

       Sec. 701.  Within the unit limit of cost fixed by law, 
     appropriations and authorizations made for the Department of 
     Agriculture for the current fiscal year under this Act shall 
     be available for the purchase, in addition to those 
     specifically provided for, of not to exceed 204 passenger 
     motor vehicles, of which 170 shall be for replacement only, 
     and for the hire of such vehicles.
       Sec. 702.  The Secretary of Agriculture may transfer 
     unobligated balances of discretionary funds appropriated by 
     this Act or other available unobligated discretionary 
     balances of the Department of Agriculture to the Working 
     Capital Fund for the acquisition of plant and capital 
     equipment necessary for the delivery of financial, 
     administrative, and information technology services of 
     primary benefit to the agencies of the Department of 
     Agriculture:  Provided, That none of the funds made available 
     by this Act or any other Act shall be transferred to the 
     Working Capital Fund without the prior approval of the agency 
     administrator:  Provided further, That none of the funds 
     transferred to the Working Capital Fund pursuant to this 
     section shall be available for obligation without written 
     notification to and the prior approval of the Committees on 
     Appropriations of both Houses of Congress:  Provided further, 
     That none of the funds appropriated by this Act or made 
     available to the Department's Working Capital Fund shall be 
     available for obligation or expenditure to make any changes 
     to the Department's National Finance Center without written 
     notification to and prior approval of the Committees on 
     Appropriations of both Houses of Congress as required by 
     section 711 of this Act:  Provided further, That of annual 
     income amounts in the Working Capital Fund of the Department 
     of Agriculture allocated for the National Finance Center, the 
     Secretary may reserve not more than 4 percent for the 
     replacement or acquisition of capital equipment, including 
     equipment for the improvement and implementation of a 
     financial management plan, information technology, and other 
     systems of the National Finance Center or to pay any 
     unforeseen, extraordinary cost of the National Finance 
     Center:  Provided further, That none of the amounts reserved 
     shall be available for obligation unless the Secretary 
     submits written notification of the obligation to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate:  Provided further, That the limitation on the 
     obligation of funds pending notification to Congressional 
     Committees shall not apply to any obligation that, as 
     determined by the Secretary, is necessary to respond to a 
     declared state of emergency that significantly impacts the 
     operations of the National Finance Center; or to evacuate 
     employees of the National Finance Center to a safe haven to 
     continue operations of the National Finance Center.
       Sec. 703.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 704.  No funds appropriated by this Act may be used to 
     pay negotiated indirect cost rates on cooperative agreements 
     or similar arrangements between the United States Department 
     of Agriculture and nonprofit institutions in excess of 10 
     percent of the total direct cost of the agreement when the 
     purpose of such cooperative arrangements is to carry out 
     programs of mutual interest between the two parties. This 
     does not preclude appropriate payment of indirect costs on 
     grants and contracts with such institutions when such 
     indirect costs are computed on a similar basis for all 
     agencies for which appropriations are provided in this Act.
       Sec. 705.  Appropriations to the Department of Agriculture 
     for the cost of direct and guaranteed loans made available in 
     the current fiscal year shall remain available until expended 
     to disburse obligations made in the current fiscal year for 
     the following accounts: the Rural Development Loan Fund 
     program account, the Rural Electrification and 
     Telecommunication Loans program account, and the Rural 
     Housing Insurance Fund program account.
       Sec. 706.  Hereafter, none of the funds appropriated by 
     this Act may be used to carry out section 410 of the Federal 
     Meat Inspection Act (21 U.S.C. 679a) or section 30 of the 
     Poultry Products Inspection Act (21 U.S.C. 471).
       Sec. 707.  None of the funds made available to the 
     Department of Agriculture by this Act may be used to acquire 
     new information technology systems or significant upgrades, 
     as determined by the Office of the Chief Information Officer, 
     without the approval of the Chief Information Officer and the 
     concurrence of the Executive Information Technology 
     Investment Review Board:  Provided, That notwithstanding any 
     other provision of law, none of the funds appropriated or 
     otherwise made available by this Act may be transferred to 
     the Office of the Chief Information Officer without written 
     notification to and the prior approval of the Committees on 
     Appropriations of both Houses of Congress:  Provided further, 
     That none of the funds available to the Department of 
     Agriculture for information technology shall be obligated for 
     projects over $25,000 prior to receipt of written approval by 
     the Chief Information Officer.
       Sec. 708.  Funds made available under section 1240I and 
     section 1241(a) of the Food Security Act of 1985 and section 
     524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) 
     in the current fiscal year shall remain available until 
     expended to disburse obligations made in the current fiscal 
     year.
       Sec. 709.  Hereafter, notwithstanding any other provision 
     of law, any former RUS borrower that has repaid or prepaid an 
     insured, direct or guaranteed loan under the Rural 
     Electrification Act, or any not-for-profit utility that is 
     eligible to receive an insured or direct loan under such Act, 
     shall be eligible for assistance under section 313(b)(2)(B) 
     of such Act in the same manner as a borrower under such Act.
       Sec. 710.  Notwithstanding any other provision of law, for 
     the purposes of a grant under section 412 of the Agricultural 
     Research, Extension, and Education Reform Act of 1998, none 
     of the funds in this or any other Act may be used to prohibit 
     the provision of in-kind support from non-Federal sources 
     under section 412(e)(3) in the form of unrecovered indirect 
     costs not otherwise charged against the grant, consistent 
     with the indirect rate of cost approved for a recipient.
       Sec. 711.  Except as otherwise specifically provided by 
     law, unobligated balances remaining available at the end of 
     the fiscal year from appropriations made available for 
     salaries and expenses in this Act for the Farm Service Agency 
     and the Rural Development mission area, shall remain 
     available through September 30, 2013, for information 
     technology expenses.
       Sec. 712.  The Secretary of Agriculture may authorize a 
     State agency to use funds provided in this Act to exceed the 
     maximum amount of liquid infant formula specified in 7 C.F.R. 
     246.10 when issuing liquid infant formula to participants.
       Sec. 713.  No employee of the Department of Agriculture may 
     be detailed or assigned from an agency or office funded by 
     this Act or any other Act to any other agency or office of 
     the Department for more than 30 days unless the individual's 
     employing agency or office is fully reimbursed by the 
     receiving agency or office for the salary and expenses of the 
     employee for the period of assignment.
       Sec. 714.  In the case of each program established or 
     amended by the Food, Conservation, and Energy Act of 2008 
     (Public Law 110-246), other than by title I or subtitle A of 
     title III of such Act, or programs for which indefinite 
     amounts were provided in that Act that is authorized or 
     required to be carried out using funds of the Commodity 
     Credit Corporation--
       (1) such funds shall be available for salaries and related 
     administrative expenses, including technical assistance, 
     associated with the implementation of the program, without 
     regard to the limitation on the total amount of allotments 
     and fund transfers contained in section 11 of the Commodity 
     Credit Corporation Charter Act (15 U.S.C. 714i); and
       (2) the use of such funds for such purpose shall not be 
     considered to be a fund transfer or allotment for purposes of 
     applying the limitation on the total amount of allotments and 
     fund transfers contained in such section.
       Sec. 715.  Funds provided by this Act may be used 
     notwithstanding the requirements of 7 U.S.C. 1736f(e)(1).
       Sec. 716.  None of the funds made available by this or any 
     other Act may be used to close or relocate a Rural 
     Development office unless or until the Secretary of 
     Agriculture determines the cost effectiveness and/or 
     enhancement of program delivery or that the closing or 
     relocation would result in cost savings:  Provided, That not 
     later than 120 days before the date of the proposed closure 
     or relocation, the Secretary notifies in writing the 
     Committees on Appropriation of the House and Senate, and the 
     members of Congress from the State in which the office is 
     located of the proposed closure or relocation and provides a 
     report that describes the justifications for such closures 
     and relocations.
       Sec. 717.  Appropriations to the Department of Agriculture 
     made available in fiscal years 2005, 2006, and 2007 to carry 
     out section 601 of the Rural Electrification Act of 1936 (7 
     U.S.C. 950bb) for the cost of direct loans shall remain 
     available until expended to disburse valid obligations.
       Sec. 718.  None of the funds made available in fiscal year 
     2012 or preceding fiscal years for programs authorized under 
     the Food for Peace Act (7 U.S.C. 1691 et seq.) in excess of 
     $20,000,000 shall be used to reimburse the Commodity Credit 
     Corporation for the release of eligible commodities under 
     section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust 
     Act (7 U.S.C. 1736f-1):  Provided, That any such funds made 
     available to reimburse the Commodity Credit Corporation shall 
     only be used pursuant to section 302(b)(2)(B)(i) of the Bill 
     Emerson Humanitarian Trust Act.
       Sec. 719.  Of the funds made available by this Act, not 
     more than $1,800,000 shall be used to cover necessary 
     expenses of activities related to all advisory committees, 
     panels, commissions, and task forces of the Department of 
     Agriculture, except for panels used to comply with negotiated 
     rule makings and panels used to evaluate competitively 
     awarded grants.
       Sec. 720.  Notwithstanding any other provision of law, 
     school food authorities which received a

[[Page 16365]]

     grant for equipment assistance under the grant program 
     carried out pursuant to the heading ``Food and Nutrition 
     Service Child Nutrition Programs'' in title I of division A 
     of the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5) shall be eligible to receive a grant under section 
     749 (j) of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2010 
     (Public Law 111-80).
       Sec. 721.  There is hereby appropriated $1,996,000 to carry 
     out section 1621 of Public Law 110-246.
       Sec. 722.  There is hereby appropriated $600,000 to the 
     Farm Service Agency to carry out a pilot program to 
     demonstrate the use of new technologies that increase the 
     rate of growth of re-forested hardwood trees on private non-
     industrial forests lands, enrolling lands on the coast of the 
     Gulf of Mexico that were damaged by Hurricane Katrina in 
     2005.
       Sec. 723. (a) None of the funds provided by this Act, or 
     provided by previous Appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in the current fiscal year, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds, or in the case of the Department of 
     Agriculture, through use of the authority provided by section 
     702(b) of the Department of Agriculture Organic Act of 1944 
     (7 U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C. 
     2263), that--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes offices, programs, or activities; or
       (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees; unless the 
     Secretary of Agriculture or the Secretary of Health and Human 
     Services (as the case may be) notifies, in writing, the 
     Committees on Appropriations of both Houses of Congress at 
     least 30 days in advance of the reprogramming of such funds 
     or the use of such authority.
       (b) None of the funds provided by this Act, or provided by 
     previous Appropriations Acts to the agencies funded by this 
     Act that remain available for obligation or expenditure in 
     the current fiscal year, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming or use of the 
     authorities referred to in subsection (a) involving funds in 
     excess of $500,000 or 10 percent, whichever is less, that:
       (1) augments existing programs, projects, or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (3) results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress; 
     unless the Secretary of Agriculture or the Secretary of 
     Health and Human Services (as the case may be) notifies, in 
     writing, the Committees on Appropriations of both Houses of 
     Congress at least 30 days in advance of the reprogramming of 
     such funds or the use of such authority.
       (c) The Secretary of Agriculture or the Secretary of Health 
     and Human Services shall notify in writing the Committees on 
     Appropriations of both Houses of Congress before implementing 
     any program or activity not carried out during the previous 
     fiscal year unless the program or activity is funded by this 
     Act or specifically funded by any other Act.
       (d) As described in this section, no funds may be used for 
     any activities unless the Secretary of Agriculture or the 
     Secretary of Health and Human Services receives in writing 
     from the Committee on Appropriations of both Houses of 
     Congress confirmation of receipt of the notification required 
     in this section.
       Sec. 724.  None of the funds appropriated by this or any 
     other Act shall be used to pay the salaries and expenses of 
     personnel who prepare or submit appropriations language as 
     part of the President's Budget submission to the Congress of 
     the United States for programs under the jurisdiction of the 
     Appropriations Subcommittees on Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies that assumes revenues or reflects a reduction from 
     the previous year due to user fees proposals that have not 
     been enacted into law prior to the submission of the Budget 
     unless such Budget submission identifies which additional 
     spending reductions should occur in the event the user fees 
     proposals are not enacted prior to the date of the convening 
     of a committee of conference for the fiscal year 2013 
     appropriations Act.
       Sec. 725.  The Secretary may reserve, through April 1, 
     2012, up to 5 percent of the funding available for the 
     following items for projects in areas that are engaged in 
     strategic regional development planning as defined by the 
     Secretary: business and industry guaranteed loans; rural 
     development loan fund; rural business enterprise grants; 
     rural business opportunity grants; rural economic development 
     program; rural microenterprise program; biorefinery 
     assistance program; rural energy for America program; value-
     added producer grants; broadband program; water and waste 
     program; and rural community facilities program.
       Sec. 726.  None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out the 
     following:
       (1) The Conservation Stewardship Program authorized by 
     sections 1238D-1238G of the Food Security of Act 1985 (16 
     U.S.C. 3838d-3838g) in excess of $809,000,000;
       (2) The Watershed Rehabilitation program authorized by 
     section 14(h) of the Watershed Protection and Flood 
     Prevention Act (16 U.S.C. 1012(h));
       (3) The Environmental Quality Incentives Program as 
     authorized by sections 1240-1240H of the Food Security Act of 
     1985 (16 U.S.C. 3839aa-3839aa-8) in excess of $1,400,000,000: 
      Provided, That up to $20,000,000 of the funds made available 
     for the Environmental Quality Incentives Program as 
     authorized by sections 1240-1240H of the Food Security Act of 
     1985 (16 U.S.C. 3839aa-3839aa(8)) may be transferred to a 
     program as authorized by 16 U.S.C. 1301-1311 to enroll 
     agricultural lands that experienced significant flooding, as 
     determined by the Secretary, in calendar year 2011:  Provided 
     further, That no more than $10,000,000 may be used for 
     agreements entered into with owners or operators in any one 
     State;
       (4) The Farmland Protection Program as authorized by 
     section 1238I of the Food Security Act of 1985 (16 U.S.C. 
     3838i) in excess of $150,000,000;
       (5) The Grassland Reserve Program as authorized by sections 
     1238O-1238Q of the Food Security Act of 1985 (16 U.S.C. 
     3838o-3838q) in excess of 140,907 acres in fiscal year 2012;
       (6) The Wetlands Reserve Program authorized by sections 
     1237-1237F of the Food Security Act of 1985 (16 U.S.C. 3837-
     3837f) to enroll in excess of 185,800 acres in fiscal year 
     2012;
       (7) The Wildlife Habitat Incentives Act authorized by 
     section 1240N of the Food Security Act of 1985 (16 U.S.C. 
     3839bb-1)) in excess of $50,000,000;
       (8) The Voluntary Public Access and Habitat Incentives 
     Program authorized by section 1240R of the Food Security Act 
     of 1985 (16 U.S.C. 3839bb-5);
       (9) The Bioenergy Program for Advanced Biofuels authorized 
     by section 9005 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8105) in excess of $75,000,000;
       (10) The Rural Energy for America Program authorized by 
     section 9007 of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 8107) in excess of $34,000,000;
       (11) Section 508(d)(3) of the Federal Crop Insurance Act (7 
     U.S.C. 1508(d)(3)) to provide a performance-based premium 
     discount in the crop insurance program;
       (12) Agricultural Management Assistance Program as 
     authorized by section 524 of the Federal Crop Insurance Act, 
     as amended (7 U.S.C. 1524) in excess of $2,500,000 for the 
     Natural Resources Conservation Service; and
       (13) A program under subsection (b)(2)(A)(iv) of section 
     14222 of Public Law 110-246 in excess of $948,000,000, as 
     follows: Child Nutrition Programs Entitlement Commodities--
     $465,000,000; State Option Contracts--$5,000,000; Removal of 
     Defective Commodities--$2,500,000:  Provided, That none of 
     the funds made available in this Act or any other Act shall 
     be used for salaries and expenses to carry out section 
     19(i)(1)(E) of the Richard B. Russell National School Lunch 
     Act as amended by section 4304 of Public Law 110-246 in 
     excess of $20,000,000, including the transfer of funds under 
     subsection (c) of section 14222 of Public Law 110-246, until 
     October 1, 2012:  Provided further, That $133,000,000 made 
     available on October 1, 2012, to carry out section 
     19(i)(1)(E) of the Richard B. Russell National School Lunch 
     Act as amended by section 4304 of Public Law 110-246 shall be 
     excluded from the limitation described in subsection 
     (b)(2)(A)(v) of section 14222 of Public Law 110-246:  
     Provided further, That none of the funds appropriated or 
     otherwise made available by this or any other Act shall be 
     used to pay the salaries or expenses of any employee of the 
     Department of Agriculture or officer of the Commodity Credit 
     Corporation to carry out clause 3 of section 32 of the 
     Agricultural Adjustment Act of 1935 (Public Law 74-320, 7 
     U.S.C. 612c, as amended), or for any surplus removal 
     activities or price support activities under section 5 of the 
     Commodity Credit Corporation Charter Act:  Provided further, 
     That of the available unobligated balances under 
     (b)(2)(A)(iv) of section 14222 of Public Law 110-246, 
     $150,000,000 are hereby rescinded.
       Sec. 727.  Hereafter, notwithstanding section 310B(g)(5) of 
     the Consolidated Farm and Rural Development Act (7 U.S.C. 
     1932(g)(5)), the Secretary may assess a one-time fee for any 
     guaranteed business and industry loan in an amount that does 
     not exceed 3 percent of the guaranteed principal portion of 
     the loan.
       Sec. 728.  None of the funds appropriated or otherwise made 
     available to the Department of Agriculture or the Food and 
     Drug Administration shall be used to transmit or otherwise 
     make available to any non-Department of Agriculture or non-
     Department of Health and Human Services employee questions or 
     responses to questions that are a result of information 
     requested for the appropriations hearing process.
       Sec. 729. (a) Clause (ii) of section 524(b)(4)(B) of the 
     Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is 
     amended--
       (1) in the heading, by striking ``fiscal years 2008 through 
     2012'' and inserting ``certain fiscal years''; and
       (2) in the text, by striking ``2012'' and inserting 
     ``2014''.

[[Page 16366]]

       (b) Section 1238E(a) of the Food Security Act of 1985 (16 
     U.S.C. 3838e(a)) is amended by striking ``2012'' and 
     inserting ``2014''.
       (c) Section 1240B(a) of the Food Security Act of 1985 (16 
     U.S.C. 3839aa-2(a)) is amended by striking ``2012'' and 
     inserting ``2014''.
       (d) Section 1241(a)(6)(E) of the Food Security Act of 1985 
     (16 U.S.C. 3841(a)(6)(E)) is amended by striking ``fiscal 
     year 2012'' and inserting ``each of fiscal years 2012 through 
     2014''.
       (e) Section 1241(a) of the Food Security Act of 1985 (16 
     U.S.C. 3841(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``2012,'' and inserting ``2012 (and fiscal year 2014 in the 
     case of the programs specified in paragraphs (3)(B), (4), 
     (6), and (7)),''; and
       (2) in paragraph (4)(E), by striking ``fiscal year 2012'' 
     and inserting ``each of fiscal years 2012 through 2014''.
       (f) Section 1241(a)(7)(D) of the Food Security Act of 1985 
     (16 U.S.C. 3841(a)(7)(D)) is amended by striking ``2012'' and 
     inserting ``2014''.
       Sec. 730.  Any unobligated funds included under Treasury 
     symbol codes 12X3336, 12X2268, 12X0132, 12X2271, 12X2277, 
     12X1404, 12X1501, and 12X1336 are hereby rescinded.
       Sec. 731.  Of the unobligated balances provided pursuant to 
     section 16(h)(1)(A) of the Food and Nutrition Act of 2008, 
     $11,000,000 are hereby rescinded.
       Sec. 732.  There is hereby appropriated for the ``Emergency 
     Conservation Program'', for expenses resulting from a major 
     disaster designation pursuant to the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122(2)), $78,000,000, to remain available until expended: 
     Provided, That this amount is designated by Congress as being 
     for disaster relief pursuant to section 251(b)(2)(D) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 
     (Public Law 99-177), as amended: Provided further, That there 
     is hereby appropriated for the ``Emergency Forest Restoration 
     Program'', for expenses resulting from a major disaster 
     designation pursuant to the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), 
     $49,000,000, to remain available until expended: Provided 
     further, That this amount is designated by Congress as being 
     for disaster relief pursuant to section 251(b)(2)(D) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 
     (Public Law 99-177), as amended: Provided further, That there 
     is hereby appropriated for the ``Emergency Watershed 
     Protection Program'', for expenses resulting from a major 
     disaster designation pursuant to the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122(2)), $139,000,000, to remain available until expended: 
     Provided further, That this amount is designated by Congress 
     as being for disaster relief pursuant to section 251(b)(2)(D) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (Public Law 99-177), as amended.
       Sec. 733. (a) Notwithstanding any other provision of this 
     Act--
       (1) the amount provided under section 732 for the emergency 
     conservation program for expenses resulting from a major 
     disaster designation pursuant to the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122(2)) is increased by $48,700,000; and
       (2) the amount provided under section 732 for the emergency 
     watershed protection program for expenses resulting from a 
     major disaster designation pursuant to the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122(2)) is increased by $61,200,000.
       (b) The additional amounts provided under subsection (a)--
       (1) are designated by Congress as being for disaster relief 
     pursuant to section 251(b)(2)(D) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(D));
       (2) are subject to the same terms and conditions as any 
     other amounts provided under section 732 for the same 
     purposes; and
       (3) shall remain available until expended.
       Sec. 734.  Unobligated balances not to exceed $31,000,000 
     for the ``Emergency Watershed Protection Program'' provided 
     in Public Law 108-199, Public Law 109-234, and Public Law 
     110-28 shall be available for the purposes of such program 
     for disasters occurring in 2011, and shall remain available 
     until expended: Provided, That the amounts made available by 
     this section are designated by Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (Public Law 99-177), as amended.
       Sec. 735.  None of the funds made available by this Act may 
     be used to implement an interim final or final rule that--
       (1) sets any maximum limits on the serving of vegetables in 
     school meal programs established under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.) and by 
     section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
     1773); or
       (2) is inconsistent with the recommendations of the most 
     recent Dietary Guidelines for Americans for vegetables.
       Sec. 736.  For fiscal year 2012, section 363 of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 2006e) 
     shall not apply to a project funded under the community 
     facilities programs authorized under such Act.
       Sec. 737.  Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     submit to the Committee on Appropriations of the House of 
     Representatives and the Committee on Appropriations of the 
     Senate a report describing plans to implement reductions to 
     salaries and expenses accounts included in this Act.
       Sec. 738.  None of the funds made available by this Act may 
     be used by the Secretary of Agriculture to provide direct 
     payments under section 1103 or 1303 of the Food, 
     Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8753) to 
     any person or legal entity that has an average adjusted gross 
     income (as defined in section 1001D of the Food Security Act 
     of 1985 (7 U.S.C. 1308-3a)) in excess of $1,000,000.
       This Act may be cited as the ``Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2012''.

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

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

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

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

                    Bureau of Industry and Security

                     operations and administration

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

                  Economic Development Administration

                economic development assistance programs

       For grants for economic development assistance as provided 
     by the Public Works and Economic Development Act of 1965, for 
     trade adjustment assistance, and for grants authorized by 
     section 27 of the Stevenson-Wydler Technology Innovation Act 
     of 1980 (15 U.S.C. 3701 et seq.), as added by section 603 of 
     the America COMPETES Reauthorization Act of 2010 (Public Law

[[Page 16367]]

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

                         salaries and expenses

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

                  Minority Business Development Agency

                     minority business development

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

                   Economic and Statistical Analysis

                         salaries and expenses

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

                          Bureau of the Census

                         salaries and expenses

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

                     periodic censuses and programs

                     (including transfer of funds)

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

       National Telecommunications and Information Administration

                         salaries and expenses

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

    public telecommunications facilities, planning and construction

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

               United States Patent and Trademark Office

                         salaries and expenses

                     (including transfer of funds)

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

             National Institute of Standards and Technology

             scientific and technical research and services

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

                     industrial technology services

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

                  construction of research facilities

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

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfer of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including maintenance, operation, and hire of aircraft and 
     vessels; grants, contracts, or other payments to nonprofit 
     organizations for the purposes of conducting activities 
     pursuant to cooperative agreements; and relocation of 
     facilities, $3,134,327,000, to remain available until 
     September 30, 2013, except for funds provided for cooperative 
     enforcement, which shall remain available until September 30, 
     2014:  Provided, That fees and donations received by the 
     National Ocean Service for

[[Page 16368]]

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

               procurement, acquisition and construction

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

                  pacific coastal salmon recovery fund

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

                      fishermen's contingency fund

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

                   fisheries finance program account

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

                        Departmental Management

                         salaries and expenses

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

                      renovation and modernization

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

                      office of inspector general

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

               General Provisions--Department of Commerce

       Sec. 101.  During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary of Commerce that 
     such payments are in the public interest.
       Sec. 102.  During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344; services as authorized by 5 U.S.C. 3109; and uniforms 
     or allowances therefor, as authorized by law (5 U.S.C. 5901-
     5902).
       Sec. 103.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers:  Provided, 
     That any transfer pursuant to this section shall be treated 
     as a reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section:  
     Provided further, That the Secretary of Commerce shall notify 
     the Committees on Appropriations at least 15 days in advance 
     of the acquisition or disposal of any capital asset 
     (including land, structures, and equipment) not specifically 
     provided for in this Act or any other law appropriating funds 
     for the Department of Commerce:  Provided further, That for 
     the National Oceanic and Atmospheric Administration this 
     section shall provide for transfers among appropriations made 
     only to the National Oceanic and Atmospheric Administration 
     and such appropriations may not be transferred and 
     reprogrammed to other Department of Commerce bureaus and 
     appropriation accounts.
       Sec. 104.  Any costs incurred by a department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title or from actions taken for the care and protection of 
     loan collateral or grant property shall be absorbed within 
     the total budgetary resources available to such department or 
     agency:  Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act:  Provided further, That use 
     of funds to carry out this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 105.  The requirements set forth by section 112 of 
     division B of Public Law 110-161 are hereby adopted by 
     reference.
       Sec. 106.  Notwithstanding any other law, the Secretary may 
     furnish services (including but not limited to utilities, 
     telecommunications, and security services) necessary to 
     support the operation, maintenance, and improvement of space 
     that persons, firms or organizations are authorized pursuant 
     to the Public Buildings Cooperative Use Act of 1976 or other 
     authority to use or occupy in the Herbert C. Hoover Building, 
     Washington, DC, or other buildings, the maintenance, 
     operation, and protection of which has been delegated to the 
     Secretary from the Administrator of General Services pursuant 
     to the Federal Property and Administrative Services Act of 
     1949, as amended, on a reimbursable or non-reimbursable 
     basis. Amounts received as reimbursement for services 
     provided under this section or the authority under which the 
     use or occupancy of the space is authorized, up to $200,000, 
     shall be credited to the appropriation or fund which 
     initially bears the costs of such services.
       Sec. 107.  Nothing in this title shall be construed to 
     prevent a grant recipient from deterring child pornography, 
     copyright infringement, or any other unlawful activity over 
     its networks.
       Sec. 108.  The administration of the National Oceanic and 
     Atmospheric Administration is authorized to use, with their 
     consent, with reimbursement and subject to the limits of 
     available appropriations, the land, services, equipment, 
     personnel, and facilities of any department, agency or 
     instrumentality of the United States, or of any State, local 
     government, Indian tribal government, Territory or 
     possession, or of any political subdivision thereof, or of 
     any foreign government or international organization for 
     purposes related to carrying out the responsibilities of any 
     statute administered by the National Oceanic and Atmospheric 
     Administration.
       Sec. 109.  All balances in the Coastal Zone Management 
     Fund, whether unobligated or unavailable, are hereby 
     permanently cancelled, and notwithstanding section 308(b) of 
     the Coastal Zone Management Act of 1972, as amended

[[Page 16369]]

     (16 U.S.C. 1456a), any future payments to the Fund made 
     pursuant to sections 307 (16 U.S.C. 1456) and 308 (16 U.S.C. 
     1456a) of the Coastal Zone Management Act of 1972, as 
     amended, shall, in this fiscal year and any future fiscal 
     years, be treated in accordance with the Federal Credit 
     Reform Act of 1990, as amended.
       Sec. 110.  There is established in the Treasury a non-
     interest bearing fund to be known as the ``Fisheries 
     Enforcement Asset Forfeiture Fund'', which shall consist of 
     all sums received as fines, penalties, and forfeitures of 
     property for violations of any provisions of 16 U.S.C. 
     chapter 38 or of any other marine resource law enforced by 
     the Secretary of Commerce, including the Lacey Act Amendments 
     of 1981 (16 U.S.C. 3371 et seq.) and with the exception of 
     collections pursuant to 16 U.S.C. 1437, which are currently 
     deposited in the Operations, Research, and Facilities 
     account:  Provided, That all unobligated balances that have 
     been collected pursuant to 16 U.S.C. 1861 or any other marine 
     resource law enforced by the Secretary of Commerce with the 
     exception of 16 U.S.C. 1437 shall be transferred from the 
     Operations, Research, and Facilities account into the 
     Fisheries Enforcement Asset Forfeiture Fund and shall remain 
     available until expended.
       Sec. 111.  There is established in the Treasury a non-
     interest bearing fund to be known as the ``Sanctuaries 
     Enforcement Asset Forfeiture Fund'', which shall consist of 
     all sums received as fines, penalties, and forfeitures of 
     property for violations of any provisions of 16 U.S.C. 
     chapter 38, which are currently deposited in the Operations, 
     Research, and Facilities account:  Provided, That all 
     unobligated balances that have been collected pursuant to 16 
     U.S.C. 1437 shall be transferred from the Operations, 
     Research, and Facilities account into the Sanctuaries 
     Enforcement Asset Forfeiture Fund and shall remain available 
     until expended.
       Sec. 112.  Notwithstanding any other provision of law, the 
     National Oceanic and Atmospheric Administration is authorized 
     to receive and expend funds made available by any Federal 
     agency, State or subdivision thereof, public or private 
     organization, or individual to carry out any statute 
     administered by the National Oceanic and Atmospheric 
     Administration:  Provided, That use of funds to carry out 
     this section shall be treated as a reprogramming of funds 
     under section 505 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.
       Sec. 113. (a) The Secretary of State shall ensure 
     participation in the Commission for the Conservation and 
     Management of Highly Migratory Fish Stocks in the Western and 
     Central Pacific Ocean (``Commission'') and its subsidiary 
     bodies by American Samoa, Guam, and the Northern Mariana 
     Islands (collectively, the U.S. Participating Territories) to 
     the same extent provided to the territories of other nations.
       (b) The U.S. Participating Territories are each authorized 
     to use, assign, allocate, and manage catch limits of highly 
     migratory fish stocks, or fishing effort limits, agreed to by 
     the Commission for the participating territories of the 
     Convention for the Conservation and Management of Highly 
     Migratory Fish Stocks in the Western and Central Pacific 
     Ocean, through arrangements with U.S. vessels with permits 
     issued under the Pelagics Fishery Management Plan of the 
     Western Pacific Region. Vessels under such arrangements are 
     integral to the domestic fisheries of the U.S. Participating 
     Territories provided that such arrangements shall impose no 
     requirements regarding where such vessels must fish or land 
     their catch and shall be funded by deposits to the Western 
     Pacific Sustainable Fisheries Fund in support of fisheries 
     development projects identified in a Territory's Marine 
     Conservation Plan and adopted pursuant to section 204 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1824). The Secretary of Commerce shall attribute 
     catches made by vessels operating under such arrangements to 
     the U.S. Participating Territories for the purposes of annual 
     reporting to the Commission.
       (c) The Western Pacific Regional Fisheries Management 
     Council--
       (1) is authorized to accept and deposit into the Western 
     Pacific Sustainable Fisheries Fund funding for arrangements 
     pursuant to subsection (b);
       (2) shall use amounts deposited under paragraph (1) that 
     are attributable to a particular U.S. Participating Territory 
     only for implementation of that Territory's Marine 
     Conservation Plan adopted pursuant to section 204 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1824); and
       (3) shall recommend an amendment to the Pelagics Fishery 
     Management Plan for the Western Pacific Region, and 
     associated regulations, to implement this section.
       (d) Subsection (b) shall remain in effect until such time 
     as--
       (1) the Western Pacific Regional Fishery Management Council 
     recommends an amendment to the Pelagics Fishery Management 
     Plan for the Western Pacific Region, and implementing 
     regulations, to the Secretary of Commerce that authorize use, 
     assignment, allocation, and management of catch limits of 
     highly migratory fish stocks, or fishing effort limits, 
     established by the Commission and applicable to U.S. 
     Participating Territories;
       (2) the Secretary of Commerce approves the amendment as 
     recommended; and
       (3) such implementing regulations become effective.
       Sec. 114. (a) Report to Congress.--Not later than 6 months 
     after the date of the enactment of this Act, the National 
     Aquatic Animal Health Task Force shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives a report of the findings of the research 
     objectives described in subsection (b).
       (b) Research and Surveillance.--The National Aquatic Animal 
     Health Task Force shall establish Infectious Salmon Anemia 
     research objectives, in collaboration the with the Government 
     of Canada, and Federal, State, and tribal governments, 
     including the Department of Fish and Wildlife of Washington 
     and the Department of Fish and Game of Alaska, to assess--
       (1) the prevalence of Infectious Salmon Anemia in both wild 
     and aquaculture salmonid populations throughout Alaska, 
     Washington, Oregon, California, and Idaho;
       (2) genetic susceptibility by population and species;
       (3) susceptibility of populations to Infectious Salmon 
     Anemia from geographic and oceanographic factors;
       (4) potential transmission pathways between infectious 
     Canadian sockeye and uninfected salmonid populations in 
     United States waters;
       (5) management strategies to rapidly respond to potential 
     Infectious Salmon Anemia outbreaks in both wild and 
     aquaculture populations, including securing the water 
     supplies at conservation hatcheries to protect hatchery fish 
     from exposure to the Infectious Salmon Anemia virus present 
     in incoming surface water;
       (6) potential economic impacts of Infectious Salmon Anemia;
       (7) any role foreign salmon farms may have in spreading 
     Infectious Salmon Anemia to wild populations;
       (8) the identity of any potential Federal, State, tribal, 
     and international research partners;
       (9) available baseline data, including baseline data 
     available from a collaborating entity; and
       (10) other Infectious Salmon Anemia research priorities, as 
     determined by the Task Force.
       This title may be cited as the ``Department of Commerce 
     Appropriations Act, 2012''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

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

                   national drug intelligence center

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

                 justice information sharing technology

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

            tactical law enforcement wireless communications

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

                   administrative review and appeals

                     (including transfer of funds)

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

                           detention trustee

       For necessary expenses of the Federal Detention Trustee, 
     $1,563,453,000, to remain available until expended:  
     Provided, That the Trustee

[[Page 16370]]

     shall be responsible for managing the Justice Prisoner and 
     Alien Transportation System:  Provided further, That not to 
     exceed $20,000,000 shall be considered ``funds appropriated 
     for State and local law enforcement assistance'' pursuant to 
     18 U.S.C. 4013(b).

                      office of inspector general

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

                    United States Parole Commission

                         salaries and expenses

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

                            Legal Activities

            salaries and expenses, general legal activities

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

               salaries and expenses, antitrust division

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

             salaries and expenses, united states attorneys

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

                   united states trustee system fund

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

      salaries and expenses, foreign claims settlement commission

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

                     fees and expenses of witnesses

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

           salaries and expenses, community relations service

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

                         assets forfeiture fund

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

                     United States Marshals Service

                         salaries and expenses

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

                              construction

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

                       National Security Division

                         salaries and expenses

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

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

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

                    Federal Bureau of Investigation

                         salaries and expenses

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

[[Page 16371]]



                              construction

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

                    Drug Enforcement Administration

                         salaries and expenses

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

                              construction

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

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

                         Federal Prison System

                         salaries and expenses

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

                        buildings and facilities

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

                federal prison industries, incorporated

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

   limitation on administrative expenses, federal prison industries, 
                              incorporated

       Not to exceed $2,700,000 of the funds of the Federal Prison 
     Industries, Incorporated shall be

[[Page 16372]]

     available for its administrative expenses, and for services 
     as authorized by section 3109 of title 5, United States Code, 
     to be computed on an accrual basis to be determined in 
     accordance with the corporation's current prescribed 
     accounting system, and such amounts shall be exclusive of 
     depreciation, payment of claims, and expenditures which such 
     accounting system requires to be capitalized or charged to 
     cost of commodities acquired or produced, including selling 
     and shipping expenses, and expenses in connection with 
     acquisition, construction, operation, maintenance, 
     improvement, protection, or disposition of facilities and 
     other property belonging to the corporation or in which it 
     has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

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

                         salaries and expenses

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

                       Office of Justice Programs

                  research, evaluation, and statistics

                     (including transfer of funds)

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

               state and local law enforcement assistance

                     (including transfer of funds)

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
     Act''); the Omnibus Crime Control and Safe Streets Act of 
     1968 (``the 1968 Act''); the Justice for All Act of 2004 
     (Public Law 108-405); the Victims of Child Abuse Act of 1990 
     (Public Law 101-647) (``the 1990 Act''); the Trafficking 
     Victims Protection Reauthorization Act of 2005 (Public Law 
     109-164); the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (Public Law 109-162) 
     (``the 2005 Act''); the Adam Walsh Child Protection and 
     Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh 
     Act''); the Victims of Trafficking and Violence Protection 
     Act of 2000 (Public Law 106-386); the NICS Improvement 
     Amendments Act of 2007 (Public Law 110-180); subtitle D of 
     title II of the Homeland Security Act of 2002 (Public Law 
     107-296) (``the 2002 Act''); the Second Chance Act of 2007 
     (Public Law 110-199); the Prioritizing Resources and 
     Organization for Intellectual Property Act of 2008 (Public 
     Law 110-403); the Victims of Crime Act of 1984 (Public Law 
     98-473); the Mentally Ill Offender Treatment and Crime 
     Reduction Reauthorization and Improvement Act of 2008 (Public 
     Law 110-416); and other programs; $1,063,498,000, to remain 
     available until expended as follows--
       (1) $395,000,000 for the Edward Byrne Memorial Justice 
     Assistance Grant program as authorized by subpart 1 of part E 
     of title I of the 1968 Act (except that section 1001(c), and 
     the special rules for Puerto Rico under section 505(g), of 
     title I of the 1968 Act shall not apply for purposes of this 
     Act); and, notwithstanding such subpart 1, to support 
     innovative, place-based, evidence-based approaches to 
     fighting crime and improving public safety, of which 
     $3,000,000 is for a program to improve State and local law 
     enforcement intelligence capabilities including antiterrorism 
     training and training to ensure that constitutional rights, 
     civil liberties, civil rights, and privacy interests are 
     protected throughout the intelligence process, $4,000,000 is 
     for a State and local assistance help desk and diagnostic 
     center program, $5,000,000 is for a program to improve State, 
     local and tribal probation supervision efforts and 
     strategies, and $3,000,000 is for a Preventing Violence 
     Against Law Enforcement Officer Resilience and Survivability 
     Initiative (VALOR):  Provided, That funds made available 
     under this heading may be used at the discretion of the 
     Assistant Attorney General for the Office of Justice Programs 
     to train Federal law enforcement under the VALOR Officer 
     Safety Training Initiative;
       (2) $273,000,000 for the State Criminal Alien Assistance 
     Program, as authorized by section 241(i)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):  
     Provided, That no jurisdiction shall request compensation for 
     any cost greater than the actual cost for Federal immigration 
     and other detainees housed in State and local detention 
     facilities;
       (3) $20,000,000 for the Northern and Southwest Border 
     Prosecutor Initiatives to reimburse State, county, parish, 
     tribal or municipal governments for costs associated with the 
     prosecution of criminal cases declined by local offices of 
     the United States Attorneys;
       (4) $21,000,000 for competitive grants to improve the 
     functioning of the criminal justice system, to prevent or 
     combat juvenile delinquency, and to assist victims of crime 
     (other than compensation);

[[Page 16373]]

       (5) $10,500,000 for victim services programs for victims of 
     trafficking, as authorized by section 107(b)(2) of Public Law 
     106-386 and for programs authorized under Public Law 109-164: 
      Provided, That no less than $4,690,000 shall be for victim 
     services grants for foreign national victims of trafficking;
       (6) $35,000,000 for Drug Courts, as authorized by section 
     1001(25)(A) of title I of the 1968 Act;
       (7) $9,000,000 for mental health courts and adult and 
     juvenile collaboration program grants, as authorized by parts 
     V and HH of title I of the 1968 Act, and the Mentally Ill 
     Offender Treatment and Crime Reduction Reauthorization and 
     Improvement Act of 2008 (Public Law 110-416);
       (8) $10,000,000 for grants for Residential Substance Abuse 
     Treatment for State Prisoners, as authorized by part S of 
     title I of the 1968 Act;
       (9) $4,000,000 for the Capital Litigation Improvement Grant 
     Program, as authorized by section 426 of Public Law 108-405;
       (10) $10,000,000 for economic, high technology and Internet 
     crime prevention grants, as authorized by section 401 of 
     Public Law 110-403;
       (11) $5,000,000 for a student loan repayment assistance 
     program pursuant to section 952 of Public Law 110-315;
       (12) $23,000,000 for activities, including sex offender 
     management assistance, authorized by the Adam Walsh Act and 
     the Violent Crime Control Act of 1994 (Public Law 103-322);
       (13) $10,000,000 for an initiative relating to children 
     exposed to violence;
       (14) $20,000,000 for an Edward Byrne Memorial criminal 
     justice innovation program;
       (15) $24,850,000 for the matching grant program for law 
     enforcement armor vests, as authorized by section 2501 of 
     title I of the 1968 Act:  Provided, That $1,500,000 is 
     transferred directly to the National Institute of Standards 
     and Technology's Office of Law Enforcement Standards for 
     research, testing and evaluation programs;
       (16) $1,000,000 for the National Sex Offender Public Web 
     site;
       (17) $10,000,000 for competitive and evidence-based 
     programs to reduce gun crime and gang violence;
       (18) $10,000,000 for grants to assist State and tribal 
     governments as authorized by the NICS Improvement Amendments 
     Act of 2007 (Public Law 110-180);
       (19) $8,000,000 for the National Criminal History 
     Improvement Program for grants to upgrade criminal records;
       (20) $15,000,000 for Paul Coverdell Forensic Sciences 
     Improvement Grants under part BB of title I of the 1968 Act;
       (21) $131,000,000 for DNA-related and forensic programs and 
     activities, of which--
       (A) $123,000,000 is for the purposes of DNA analysis and 
     DNA capacity enhancement as defined in the DNA Analysis 
     Backlog Elimination Act of 2000 (the Debbie Smith DNA Backlog 
     Grant Program), of which not less than $85,500,000 is to be 
     used for grants to crime laboratories for purposes under 42 
     U.S.C. 14135, section (a); not less than $11,000,000 is to be 
     used for the purposes of the Solving Cold Cases with DNA 
     Grant Program; not less than $11,000,000 is to be used to 
     audit and report on the extent of the backlog; and the 
     remainder of funds appropriated under this paragraph may be 
     used to support training programs specific to the needs of 
     DNA laboratory personnel, and for programs outlined in 
     sections 303, 304, 305 and 308 of Public Law 108-405;
       (B) $4,000,000 is for the purposes described in the Kirk 
     Bloodsworth Post-Conviction DNA Testing Program (Public Law 
     108-405, section 412); and
       (C) $4,000,000 is for Sexual Assault Forensic Exam Program 
     Grants as authorized by section 304 of Public Law 108-405.
       (22) $2,500,000 for the court-appointed special advocate 
     program, as authorized by section 217 of the 1990 Act;
       (23) $1,500,000 for child abuse training programs for 
     judicial personnel and practitioners, as authorized by 
     section 222 of the 1990 Act; and
       (24) $3,000,000 for grants and technical assistance in 
     support of the National Forum on Youth Violence Prevention:
       Provided,  That if a unit of local government uses any of 
     the funds made available under this heading to increase the 
     number of law enforcement officers, the unit of local 
     government will achieve a net gain in the number of law 
     enforcement officers who perform non-administrative public 
     sector safety service.

                       juvenile justice programs

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

                         salaries and expenses

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

                     public safety officer benefits

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

                  Community Oriented Policing Services

             community oriented policing services programs

                     (including transfers of funds)

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

[[Page 16374]]



                         salaries and expenses

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

               General Provisions--Department of Justice

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

                evaluation of gulf coast claims facility

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

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

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

             National Aeronautics and Space Administration

                                science

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

[[Page 16375]]



                              aeronautics

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

                            space technology

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

                              exploration

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

                            space operations

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

                               education

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

                          cross agency support

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

       construction and environmental compliance and restoration

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

                      office of inspector general

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

                       administrative provisions

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

[[Page 16376]]



                      National Science Foundation

                    research and related activities

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

          major research equipment and facilities construction

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

                     education and human resources

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

                 agency operations and award management

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

                  office of the national science board

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

                      office of inspector general

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

                        administrative provision

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

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                         salaries and expenses

                     (including transfer of funds)

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

                Equal Employment Opportunity Commission

                         salaries and expenses

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

               state and local law enforcement assistance

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

                     International Trade Commission

                         salaries and expenses

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

                       Legal Services Corporation

               payment to the legal services corporation

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

          administrative provision--legal services corporation

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

[[Page 16377]]



                        Marine Mammal Commission

                         salaries and expenses

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

            Office of the United States Trade Representative

                         salaries and expenses

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

                        State Justice Institute

                         salaries and expenses

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

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

                         salaries and expenses

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

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 502.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 504.  If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 505. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2012, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     the reprogramming of funds that--
       (1) creates or initiates a new program, project or 
     activity, unless the House and Senate Committees on 
     Appropriations are notified 15 days in advance of such 
     reprogramming of funds;
       (2) eliminates a program, project or activity, unless the 
     House and Senate Committees on Appropriations are notified 15 
     days in advance of such reprogramming of funds;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted by this Act, unless the House and Senate 
     Committees on Appropriations are notified 15 days in advance 
     of such reprogramming of funds;
       (4) relocates an office or employees, unless the House and 
     Senate Committees on Appropriations are notified 15 days in 
     advance of such reprogramming of funds;
       (5) reorganizes or renames offices, programs or activities, 
     unless the House and Senate Committees on Appropriations are 
     notified 15 days in advance of such reprogramming of funds;
       (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees, unless the House 
     and Senate Committees on Appropriations are notified 15 days 
     in advance of such reprogramming of funds;
       (7) proposes to use funds directed for a specific activity 
     by either the House or Senate Committee on Appropriations for 
     a different purpose, unless the House and Senate Committees 
     on Appropriations are notified 15 days in advance of such 
     reprogramming of funds;
       (8) augments funds for existing programs, projects or 
     activities in excess of $500,000 or 10 percent, whichever is 
     less, or reduces by 10 percent funding for any program, 
     project or activity, or numbers of personnel by 10 percent as 
     approved by Congress, unless the House and Senate Committees 
     on Appropriations are notified 15 days in advance of such 
     reprogramming of funds; or
       (9) results from any general savings, including savings 
     from a reduction in personnel, which would result in a change 
     in existing programs, projects or activities as approved by 
     Congress, unless the House and Senate Committees on 
     Appropriations are notified 15 days in advance of such 
     reprogramming of funds.
       (b) None of the funds in provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2012, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     the reprogramming of funds after August 1, except in 
     extraordinary circumstances, and only after the House and 
     Senate Committees on Appropriations are notified 30 days in 
     advance of such reprogramming of funds.
       Sec. 506.  Hereafter, none of the funds made available in 
     this or any other Act may be used to implement, administer, 
     or enforce any guidelines of the Equal Employment Opportunity 
     Commission covering harassment based on religion, when it is 
     made known to the Federal entity or official to which such 
     funds are made available that such guidelines do not differ 
     in any respect from the proposed guidelines published by the 
     Commission on October 1, 1993 (58 Fed. Reg. 51266).
       Sec. 507.  If it has been finally determined by a court or 
     Federal agency that any person intentionally affixed a label 
     bearing a ``Made in America'' inscription, or any inscription 
     with the same meaning, to any product sold in or shipped to 
     the United States that is not made in the United States, the 
     person shall be ineligible to receive any contract or 
     subcontract made with funds made available in this Act, 
     pursuant to the debarment, suspension, and ineligibility 
     procedures described in sections 9.400 through 9.409 of title 
     48, Code of Federal Regulations.
       Sec. 508.  The Departments of Commerce and Justice, the 
     National Science Foundation, and the National Aeronautics and 
     Space Administration, shall provide to the House and Senate 
     Committees on Appropriations a quarterly accounting of the 
     cumulative balances of any unobligated funds that were 
     received by such agency during any previous fiscal year.
       Sec. 509.  Any costs incurred by a department or agency 
     funded under this Act resulting from, or to prevent, 
     personnel actions taken in response to funding reductions 
     included in this Act shall be absorbed within the total 
     budgetary resources available to such department or agency:  
     Provided, That the authority to transfer funds between 
     appropriations accounts as may be necessary to carry out this 
     section is provided in addition to authorities included 
     elsewhere in this Act:  Provided further, That use of funds 
     to carry out this section shall be treated as a reprogramming 
     of funds under section 505 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section.
       Sec. 510.  None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.
       Sec. 511.  None of the funds appropriated pursuant to this 
     Act or any other provision of law may be used for--
       (1) the implementation of any tax or fee in connection with 
     the implementation of subsection 922(t) of title 18, United 
     States Code; and
       (2) any system to implement subsection 922(t) of title 18, 
     United States Code, that does not require and result in the 
     destruction of any identifying information submitted by or on 
     behalf of any person who has been determined not to be 
     prohibited from possessing or receiving a firearm no more 
     than 24 hours after the system advises a Federal firearms 
     licensee that possession or receipt of a firearm by the 
     prospective transferee would not violate subsection (g) or 
     (n) of section 922 of title 18, United States Code, or State 
     law.
       Sec. 512.  Notwithstanding any other provision of law, 
     amounts deposited or available in the Fund established under 
     42 U.S.C. 10601 in any fiscal year in excess of $705,000,000 
     shall not be available for obligation until the following 
     fiscal year.
       Sec. 513.  None of the funds made available to the 
     Department of Justice in this Act may be used to discriminate 
     against or denigrate the religious or moral beliefs of 
     students who participate in programs for which financial 
     assistance is provided from those funds, or of the parents or 
     legal guardians of such students.
       Sec. 514.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 515.  Any funds provided in this Act used to implement 
     E-Government Initiatives shall be subject to the procedures 
     set forth in section 505 of this Act.
       Sec. 516. (a) Tracing studies conducted by the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives are released 
     without adequate disclaimers regarding the limitations of the 
     data.
       (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 
     shall include in all such data releases, language similar to 
     the following that would make clear that trace data cannot be 
     used to draw broad conclusions about firearms-related crime:
       (1) Firearm traces are designed to assist law enforcement 
     authorities in conducting investigations by tracking the sale 
     and possession of specific firearms. Law enforcement agencies 
     may request firearms traces for any reason, and those reasons 
     are not necessarily reported to the Federal Government. Not 
     all firearms used in crime are traced and not all firearms 
     traced are used in crime.
       (2) Firearms selected for tracing are not chosen for 
     purposes of determining which types,

[[Page 16378]]

     makes, or models of firearms are used for illicit purposes. 
     The firearms selected do not constitute a random sample and 
     should not be considered representative of the larger 
     universe of all firearms used by criminals, or any subset of 
     that universe. Firearms are normally traced to the first 
     retail seller, and sources reported for firearms traced do 
     not necessarily represent the sources or methods by which 
     firearms in general are acquired for use in crime.
       Sec. 517. (a) The Inspectors General of the Department of 
     Commerce, the Department of Justice, the National Aeronautics 
     and Space Administration, the National Science Foundation, 
     and the Legal Services Corporation shall conduct audits, 
     pursuant to the Inspector General Act (5 U.S.C. App.), of 
     grants or contracts for which funds are appropriated by this 
     Act, and shall submit reports to Congress on the progress of 
     such audits, which may include preliminary findings and a 
     description of areas of particular interest, within 180 days 
     after initiating such an audit and every 180 days thereafter 
     until any such audit is completed.
       (b) Within 60 days after the date on which an audit 
     described in subsection (a) by an Inspector General is 
     completed, the Secretary, Attorney General, Administrator, 
     Director, or President, as appropriate, shall make the 
     results of the audit available to the public on the Internet 
     website maintained by the Department, Administration, 
     Foundation, or Corporation, respectively. The results shall 
     be made available in redacted form to exclude--
       (1) any matter described in section 552(b) of title 5, 
     United States Code; and
       (2) sensitive personal information for any individual, the 
     public access to which could be used to commit identity theft 
     or for other inappropriate or unlawful purposes.
       (c) A grant or contract funded by amounts appropriated by 
     this Act may not be used for the purpose of defraying the 
     costs of a banquet or conference that is not directly and 
     programmatically related to the purpose for which the grant 
     or contract was awarded, such as a banquet or conference held 
     in connection with planning, training, assessment, review, or 
     other routine purposes related to a project funded by the 
     grant or contract.
       (d) Any person awarded a grant or contract funded by 
     amounts appropriated by this Act shall submit a statement to 
     the Secretary of Commerce, the Attorney General, the 
     Administrator, Director, or President, as appropriate, 
     certifying that no funds derived from the grant or contract 
     will be made available through a subcontract or in any other 
     manner to another person who has a financial interest in the 
     person awarded the grant or contract.
       (e) The provisions of the preceding subsections of this 
     section shall take effect 30 days after the date on which the 
     Director of the Office of Management and Budget, in 
     consultation with the Director of the Office of Government 
     Ethics, determines that a uniform set of rules and 
     requirements, substantially similar to the requirements in 
     such subsections, consistently apply under the executive 
     branch ethics program to all Federal departments, agencies, 
     and entities.
       Sec. 518.  None of the funds appropriated or otherwise made 
     available under this Act may be used to issue patents on 
     claims directed to or encompassing a human organism.
       Sec. 519.  None of the funds made available in this Act 
     shall be used in any way whatsoever to support or justify the 
     use of torture by any official or contract employee of the 
     United States Government.
       Sec. 520. (a) Notwithstanding any other provision of law or 
     treaty, none of the funds appropriated or otherwise made 
     available under this Act or any other Act may be expended or 
     obligated by a department, agency, or instrumentality of the 
     United States to pay administrative expenses or to compensate 
     an officer or employee of the United States in connection 
     with requiring an export license for the export to Canada of 
     components, parts, accessories or attachments for firearms 
     listed in Category I, section 121.1 of title 22, Code of 
     Federal Regulations (International Trafficking in Arms 
     Regulations (ITAR), part 121, as it existed on April 1, 2005) 
     with a total value not exceeding $500 wholesale in any 
     transaction, provided that the conditions of subsection (b) 
     of this section are met by the exporting party for such 
     articles.
       (b) The foregoing exemption from obtaining an export 
     license--
       (1) does not exempt an exporter from filing any Shipper's 
     Export Declaration or notification letter required by law, or 
     from being otherwise eligible under the laws of the United 
     States to possess, ship, transport, or export the articles 
     enumerated in subsection (a); and
       (2) does not permit the export without a license of--
       (A) fully automatic firearms and components and parts for 
     such firearms, other than for end use by the Federal 
     Government, or a Provincial or Municipal Government of 
     Canada;
       (B) barrels, cylinders, receivers (frames) or complete 
     breech mechanisms for any firearm listed in Category I, other 
     than for end use by the Federal Government, or a Provincial 
     or Municipal Government of Canada; or
       (C) articles for export from Canada to another foreign 
     destination.
       (c) In accordance with this section, the District Directors 
     of Customs and postmasters shall permit the permanent or 
     temporary export without a license of any unclassified 
     articles specified in subsection (a) to Canada for end use in 
     Canada or return to the United States, or temporary import of 
     Canadian-origin items from Canada for end use in the United 
     States or return to Canada for a Canadian citizen.
       (d) The President may require export licenses under this 
     section on a temporary basis if the President determines, 
     upon publication first in the Federal Register, that the 
     Government of Canada has implemented or maintained inadequate 
     import controls for the articles specified in subsection (a), 
     such that a significant diversion of such articles has and 
     continues to take place for use in international terrorism or 
     in the escalation of a conflict in another nation. The 
     President shall terminate the requirements of a license when 
     reasons for the temporary requirements have ceased.
       Sec. 521.  Notwithstanding any other provision of law, no 
     department, agency, or instrumentality of the United States 
     receiving appropriated funds under this Act or any other Act 
     shall obligate or expend in any way such funds to pay 
     administrative expenses or the compensation of any officer or 
     employee of the United States to deny any application 
     submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified 
     pursuant to 27 CFR section 478.112 or .113, for a permit to 
     import United States origin ``curios or relics'' firearms, 
     parts, or ammunition.
       Sec. 522.  None of the funds made available in this Act may 
     be used to include in any new bilateral or multilateral trade 
     agreement the text of--
       (1) paragraph 2 of article 16.7 of the United States-
     Singapore Free Trade Agreement;
       (2) paragraph 4 of article 17.9 of the United States-
     Australia Free Trade Agreement; or
       (3) paragraph 4 of article 15.9 of the United States-
     Morocco Free Trade Agreement.
       Sec. 523.  None of the funds made available in this Act may 
     be used to authorize or issue a national security letter in 
     contravention of any of the following laws authorizing the 
     Federal Bureau of Investigation to issue national security 
     letters: The Right to Financial Privacy Act; The Electronic 
     Communications Privacy Act; The Fair Credit Reporting Act; 
     The National Security Act of 1947; USA PATRIOT Act; and the 
     laws amended by these Acts.
       Sec. 524.  If at any time during any quarter, the program 
     manager of a project within the jurisdiction of the 
     Departments of Commerce or Justice, the National Aeronautics 
     and Space Administration, or the National Science Foundation 
     totaling more than $75,000,000 has reasonable cause to 
     believe that the total program cost has increased by 10 
     percent, the program manager shall immediately inform the 
     Secretary, Administrator, or Director. The Secretary, 
     Administrator, or Director shall notify the House and Senate 
     Committees on Appropriations within 30 days in writing of 
     such increase, and shall include in such notice: the date on 
     which such determination was made; a statement of the reasons 
     for such increases; the action taken and proposed to be taken 
     to control future cost growth of the project; changes made in 
     the performance or schedule milestones and the degree to 
     which such changes have contributed to the increase in total 
     program costs or procurement costs; new estimates of the 
     total project or procurement costs; and a statement 
     validating that the project's management structure is 
     adequate to control total project or procurement costs.
       Sec. 525.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence or intelligence related activities are deemed to 
     be specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414) during fiscal year 2012 until the enactment of the 
     Intelligence Authorization Act for fiscal year 2012.
       Sec. 526.  The Departments, agencies, and commissions 
     funded under this Act, shall establish and maintain on the 
     homepages of their Internet websites--
       (1) a direct link to the Internet websites of their Offices 
     of Inspectors General; and
       (2) a mechanism on the Offices of Inspectors General 
     website by which individuals may anonymously report cases of 
     waste, fraud, or abuse with respect to those Departments, 
     agencies, and commissions.
       Sec. 527.  None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that, to the best of its knowledge and 
     belief, the contractor or grantee has filed all Federal tax 
     returns required during the three years preceding the 
     certification, has not been convicted of a criminal offense 
     under the Internal Revenue Code of 1986, and has not, more 
     than 90 days prior to certification, been notified of any 
     unpaid Federal tax assessment for which the liability remains 
     unsatisfied, unless the assessment is the subject of an 
     installment agreement or offer in compromise that has been 
     approved by the Internal Revenue Service and is not in 
     default, or the assessment is the subject of a non-frivolous 
     administrative or judicial proceeding.
       Sec. 528.  None of the funds appropriated or otherwise made 
     available in this Act may be used in a manner that is 
     inconsistent with the principal negotiating objective of the 
     United States with respect to trade remedy laws to preserve 
     the ability of the United States--
       (1) to enforce vigorously its trade laws, including 
     antidumping, countervailing duty, and safeguard laws;
       (2) to avoid agreements that--
       (A) lessen the effectiveness of domestic and international 
     disciplines on unfair trade, especially dumping and 
     subsidies; or
       (B) lessen the effectiveness of domestic and international 
     safeguard provisions, in order to

[[Page 16379]]

     ensure that United States workers, agricultural producers, 
     and firms can compete fully on fair terms and enjoy the 
     benefits of reciprocal trade concessions; and
       (3) to address and remedy market distortions that lead to 
     dumping and subsidization, including overcapacity, 
     cartelization, and market-access barriers.

                             (rescissions)

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

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

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

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

       For necessary expenses of the Office of the Secretary, 
     $102,202,000, of which not to exceed $2,618,000 shall be 
     available for the immediate Office of the Secretary; not to 
     exceed $981,000 shall be available for the Immediate Office 
     of the Deputy Secretary; not to exceed $19,515,000 shall be 
     available for the Office of the General Counsel; not to 
     exceed $11,004,000 shall be available for the Office of the 
     Under Secretary of Transportation for Policy; not to exceed 
     $10,538,000 shall be available for the Office of the 
     Assistant Secretary for Budget and Programs; not to exceed 
     $2,544,000 shall be available for the Office of the Assistant 
     Secretary for Governmental Affairs; not to exceed $25,469,000 
     shall be available for the Office of the Assistant Secretary 
     for Administration; not to exceed $2,046,000 shall be 
     available for the Office of Public Affairs; not to exceed 
     $1,649,000 shall be available for the Office of the Executive 
     Secretariat; not to exceed $1,492,000 shall be available for 
     the Office of Small and Disadvantaged Business Utilization; 
     not to exceed $10,578,000 for the Office of Intelligence, 
     Security, and Emergency Response; and not to exceed 
     $13,768,000 shall be available for the Office of the Chief 
     Information Officer:  Provided, That the Secretary of 
     Transportation is authorized to transfer funds appropriated 
     for any office of the Office of the Secretary to any other 
     office of the Office of the

[[Page 16380]]

     Secretary:  Provided further, That no appropriation for any 
     office shall be increased or decreased by more than 5 percent 
     by all such transfers:  Provided further, That notice of any 
     change in funding greater than 5 percent shall be submitted 
     for approval to the House and Senate Committees on 
     Appropriations:  Provided further, That not to exceed $60,000 
     shall be for allocation within the Department for official 
     reception and representation expenses as the Secretary may 
     determine:  Provided further, That notwithstanding any other 
     provision of law, excluding fees authorized in Public Law 
     107-71, there may be credited to this appropriation up to 
     $2,500,000 in funds received in user fees:  Provided further, 
     That none of the funds provided in this Act shall be 
     available for the position of Assistant Secretary for Public 
     Affairs.

                  national infrastructure investments

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

                      financial management capital

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

                       cyber security initiatives

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

                         office of civil rights

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

           transportation planning, research, and development

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

                          working capital fund

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

               minority business resource center program

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

                       minority business outreach

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

                        payments to air carriers

                    (airport and airway trust fund)

                     (including transfer of funds)

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

  administrative provisions--office of the secretary of transportation

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

                              (rescission)

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

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

                     (including transfer of funds)

       For necessary expenses of the Federal Aviation 
     Administration, not otherwise provided for,

[[Page 16381]]

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

                        facilities and equipment

                    (airport and airway trust fund)

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

                 research, engineering, and development

                    (airport and airway trust fund)

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

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

                     (including transfer of funds)

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

       administrative provisions--federal aviation administration

       Sec. 110.  None of the funds in this Act may be used to 
     compensate in excess of 600 technical staff-years under the 
     federally funded research and development center contract 
     between the Federal Aviation Administration and the Center 
     for Advanced Aviation Systems Development during fiscal year 
     2012.
       Sec. 111.  None of the funds in this Act shall be used to 
     pursue or adopt guidelines or regulations requiring airport 
     sponsors to provide to the Federal Aviation Administration 
     without cost building construction, maintenance, utilities 
     and expenses, or space in airport sponsor-owned buildings for 
     services relating to air traffic control, air navigation, or 
     weather reporting:  Provided, That the prohibition of funds 
     in this section does not apply to negotiations between the 
     agency and airport sponsors to achieve agreement on ``below-
     market'' rates for these items or to grant assurances that 
     require airport sponsors to provide land without cost to the 
     FAA for air traffic control facilities.
       Sec. 112.  The Administrator of the Federal Aviation 
     Administration may reimburse amounts made available to 
     satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 
     U.S.C. 45303:  Provided, That during fiscal year 2012, 49 
     U.S.C. 41742(b) shall not apply, and any amount remaining in 
     such account at the close of that fiscal year may be made 
     available to satisfy section 41742(a)(1) for the subsequent 
     fiscal year.
       Sec. 113.  Amounts collected under section 40113(e) of 
     title 49, United States Code, shall be credited to the 
     appropriation current at the time of collection, to be merged 
     with and available for the same purposes of such 
     appropriation.

[[Page 16382]]

       Sec. 114.  None of the funds limited by this Act for grants 
     under the Airport Improvement Program shall be made available 
     to the sponsor of a commercial service airport if such 
     sponsor fails to agree to a request from the Secretary of 
     Transportation for cost-free space in a nonrevenue producing, 
     public use area of the airport terminal or other airport 
     facilities for the purpose of carrying out a public service 
     air passenger rights and consumer outreach campaign.
       Sec. 115.  None of the funds in this Act shall be available 
     for paying premium pay under subsection 5546(a) of title 5, 
     United States Code, to any Federal Aviation Administration 
     employee unless such employee actually performed work during 
     the time corresponding to such premium pay.
       Sec. 116.  None of the funds in this Act may be obligated 
     or expended for an employee of the Federal Aviation 
     Administration to purchase a store gift card or gift 
     certificate through use of a Government-issued credit card.
       Sec. 117.  The Secretary shall apportion to the sponsor of 
     an airport that received scheduled or unscheduled air service 
     from a large certified air carrier (as defined in part 241 of 
     title 14 Code of Federal Regulations, or such other 
     regulations as may be issued by the Secretary under the 
     authority of section 41709) an amount equal to the minimum 
     apportionment specified in 49 U.S.C. 47114(c), if the 
     Secretary determines that airport had more than 10,000 
     passenger boardings in the preceding calendar year, based on 
     data submitted to the Secretary under part 241 of title 14, 
     Code of Federal Regulations.
       Sec. 118.  None of the funds in this Act may be obligated 
     or expended for retention bonuses for an employee of the 
     Federal Aviation Administration without the prior written 
     approval of the Deputy Assistant Secretary for Administration 
     of the Department of Transportation.
       Sec. 119.  Subparagraph (D) of section 47124(b)(3) of title 
     49, United States Code, is amended by striking ``benefit.'' 
     and inserting ``benefit, with the maximum allowable local 
     cost share capped at 20 percent.''.
       Sec. 119A.  Notwithstanding any other provision of law, 
     none of the funds made available under this Act or any prior 
     Act may be used to implement or to continue to implement any 
     limitation on the ability of any owner or operator of a 
     private aircraft to obtain, upon a request to the 
     Administrator of the Federal Aviation Administration, a 
     blocking of that owner's or operator's aircraft registration 
     number from any display of the Federal Aviation 
     Administration's Aircraft Situational Display to Industry 
     data that is made available to the public, except data made 
     available to a Government agency, for the noncommercial 
     flights of that owner or operator.
       Sec. 119B. (a) Compensation for Federal Employees.--Any 
     Federal employees furloughed as a result of the lapse in 
     expenditure authority from the Airport and Airway Trust Fund 
     after 11:59 p.m. on July 22, 2011, through August 5, 2011, 
     may be compensated for the period of that lapse at their 
     standard rates of compensation, as determined under policies 
     established by the Secretary of Transportation.
       (b) Ratification of Essential Actions.--All actions taken 
     by Federal employees, contractors, and grantees for the 
     purposes of maintaining the essential level of Government 
     operations, services, and activities to protect life and 
     property and to bring about orderly termination of Government 
     functions during the lapse in expenditure authority from the 
     Airport and Airway Trust Fund after 11:59 p.m. on July 22, 
     2011, through August 5, 2011, are hereby ratified and 
     approved, if otherwise in accord with the provisions of the 
     Airport and Airway Extension Act of 2011, part IV (Public Law 
     112-27).
       (c) Trust Fund Code.--Paragraph (1) of section 9502(d) of 
     the Internal Revenue Code of 1986 (26 U.S.C. 9502(d)(1)) is 
     amended by inserting ``or the Department of Transportation 
     Appropriations Act, 2012'' before the semicolon at the end of 
     subparagraph (A).

                     Federal Highway Administration

                          federal-aid highways

                 limitation on administrative expenses

                          (highway trust fund)

                     (including transfer of funds)

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

                       limitation on obligations

                          (highway trust fund)

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

                 liquidation of contract authorization

                          (highway trust fund)

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

                            emergency relief

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

                               rescission

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

       administrative provisions--federal highway administration

       Sec. 120. (a) For fiscal year 2012, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid highways amounts authorized for administrative 
     expenses and programs by section 104(a) of title 23, United 
     States Code; programs funded from the administrative takedown 
     authorized by section 104(a)(1) of title 23, United States 
     Code (as in effect on the date before the date of enactment 
     of the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users); the highway use tax evasion 
     program; and the Bureau of Transportation Statistics;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid highways that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety programs for previous fiscal 
     years the funds for which are allocated by the Secretary;
       (3) determine the ratio that--
       (A) the obligation limitation for Federal-aid highways, 
     less the aggregate of amounts not distributed under 
     paragraphs (1) and (2), bears to
       (B) the total of the sums authorized to be appropriated for 
     Federal-aid highways and highway safety construction programs 
     (other than sums authorized to be appropriated for provisions 
     of law described in paragraphs (1) through (9) of subsection 
     (b) and sums authorized to be appropriated for section 105 of 
     title 23, United States Code, equal to the amount referred to 
     in subsection (b)(10) for such fiscal year), less the 
     aggregate of the amounts not distributed under paragraphs (1) 
     and (2) of this subsection;
       (4)(A) distribute the obligation limitation for Federal-aid 
     highways, less the aggregate amounts not distributed under 
     paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 
     the

[[Page 16383]]

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

[[Page 16384]]

       Sec. 127.  Any road, highway, or bridge that is in 
     operation for less than 30 years or under construction, 
     damaged by an emergency declared by the Governor of the State 
     and concurred in by the Secretary, or declared by the 
     President pursuant to the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121), may be 
     reconstructed in the same location with the same capacity, 
     dimensions, and design as before the emergency and shall be 
     exempt from any environmental reviews, approvals, licensing, 
     and permit requirements under--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (2) sections 402 and 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1342, 1344);
       (3) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.);
       (4) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (5) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
     seq.);
       (6) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (7) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), except when the reconstruction occurs in designated 
     critical habitat for threatened and endangered species;
       (8) Executive Order 11990 (42 U.S.C. 4321 note; relating to 
     the protection of wetlands); and
       (9) any Federal law (including regulations) requiring no 
     net loss of wetlands.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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

                      motor carrier safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                         (including rescission)

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

 administrative provision--federal motor carrier safety administration

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

             National Highway Traffic Safety Administration

                        operations and research

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

                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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

                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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

[[Page 16385]]

     410 ``Alcohol-Impaired Driving Countermeasures Grants'' shall 
     be available for technical assistance to the States:  
     Provided further, That not to exceed $750,000 of the funds 
     made available for the ``High Visibility Enforcement 
     Program'' shall be available for the evaluation required 
     under section 2009(f) of Public Law 109-59:  Provided 
     further, That of the amounts made available under this 
     heading for ``Safety Belt Performance Grants'', $25,000,000 
     shall be available until expended for the modernization of 
     the National Automotive Sampling System (NASS), and 
     $5,000,000 shall be available for the development of the 
     Driver Alcohol Detection System for Safety (DADSS), and 
     $8,500,000 shall be available for ``State Traffic Safety 
     Information System Improvements'' under 23 U.S.C. 408.

      administrative provisions--national highway traffic safety 
                             administration

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

                    Federal Railroad Administration

                         safety and operations

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

                   railroad research and development

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

       railroad rehabilitation and improvement financing program

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

operating subsidy grants to the national railroad passenger corporation

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

  capital and debt service grants to the national railroad passenger 
                              corporation

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

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

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

       administrative provisions--federal railroad administration

       Sec. 150.  Hereafter, notwithstanding any other provision 
     of law, funds provided in this Act for the National Railroad 
     Passenger Corporation shall immediately cease to be available

[[Page 16386]]

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

                     Federal Transit Administration

                        administrative expenses

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

                         formula and bus grants

                  (liquidation of contract authority)

                      (limitation on obligations)

                          (highway trust fund)

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

                research and university research centers

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

                       capital investment grants

              (including rescission and transfer of funds)

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

       grants for energy efficiency and greenhouse gas reductions

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

             washington metropolitan area transit authority

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

       administrative provisions--federal transit administration

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

             Saint Lawrence Seaway Development Corporation

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

                       operations and maintenance

                    (harbor maintenance trust fund)

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

                        Maritime Administration

                       maritime security program

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

                        operations and training

                         (including rescission)

       For necessary expenses of operations and training 
     activities authorized by law,

[[Page 16387]]

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

                             ship disposal

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

                     assistance to small shipyards

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

          maritime guaranteed loan (title xi) program account

              (including rescission and transfer of funds)

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

           administrative provisions--maritime administration

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

         Pipeline and Hazardous Materials Safety Administration

                          operational expenses

                         (pipeline safety fund)

                     (including transfer of funds)

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

                       hazardous materials safety

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

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

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

                     emergency preparedness grants

                     (emergency preparedness fund)

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

   administrative provision--pipeline and hazardous materials safety 
                             administration

                    cost recovery for design reviews

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

           Research and Innovative Technology Administration

                        research and development

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

                      Office of Inspector General

                         salaries and expenses

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

[[Page 16388]]



                      Surface Transportation Board

                         salaries and expenses

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

            General Provisions--Department of Transportation

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

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

               administration, operations, and management

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

                  Program Office Salaries and Expenses

                       public and indian housing

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

                   community planning and development

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

                                housing

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

                    policy development and research

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

                   fair housing and equal opportunity

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

            office of healthy homes and lead hazard control

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

                    rental assistance demonstration

       To conduct a demonstration designed to preserve and improve 
     public housing through the voluntary conversion of properties 
     with assistance under section 9 of the U.S. Housing Act of 
     1937, (hereinafter, ``the Act''), to properties with 
     assistance under a project-based subsidy contract under 
     section 8 of the Act, which shall be eligible for renewal 
     under section 524 of the

[[Page 16389]]

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

                       Public and Indian Housing

                     tenant-based rental assistance

                     (including transfer of funds)

       For activities and assistance for the provision of tenant-
     based rental assistance authorized under the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) 
     (``the Act'' herein), not otherwise provided for, 
     $14,872,357,000, to remain available until expended, shall be 
     available on October 1, 2011 (in addition to the 
     $4,000,000,000 previously appropriated under this heading 
     that will become available on October 1, 2011), and 
     $4,000,000,000, to remain available until expended, shall be 
     available on October 1, 2012:  Provided, That of the amounts 
     made available under this heading are provided as follows:
       (1) Not less than $17,143,905,000 shall be available for 
     renewals of expiring section 8 tenant-based annual 
     contributions contracts (including renewals of enhanced 
     vouchers under any provision of law authorizing such 
     assistance under section 8(t) of the Act) and including 
     renewal of other special purpose incremental vouchers:  
     Provided, That notwithstanding any other provision of law, 
     from amounts provided under this paragraph and any carryover, 
     the Secretary for the calendar year 2012 funding cycle shall 
     provide renewal funding for each public housing agency based 
     on validated voucher management system (VMS) leasing and cost 
     data for the prior calendar year and by applying an inflation 
     factor as established by the Secretary, by notice published 
     in the Federal Register, and by making any necessary 
     adjustments for the costs associated with the first-time 
     renewal of vouchers under this paragraph including tenant 
     protection and HOPE VI vouchers:  Provided further, That none 
     of the funds provided under this paragraph may be used to 
     fund a total number of unit months under lease which exceeds 
     a public housing agency's authorized level of units under 
     contract, except for public housing agencies participating in 
     the Moving to Work (MTW) demonstration, which are instead 
     governed by the terms and conditions of their MTW agreements: 
      Provided further, That the Secretary shall, to the extent 
     necessary to stay within the amount specified under this 
     paragraph (except as otherwise modified under this Act), pro 
     rate each public housing agency's allocation otherwise 
     established pursuant to this paragraph:  Provided further, 
     That except as provided in the following provisos, the entire 
     amount specified under this paragraph (except as otherwise 
     modified under this Act) shall be obligated to the public 
     housing agencies based on the allocation and pro rata method 
     described above, and the Secretary shall notify public 
     housing agencies of their annual budget not later than 60 
     days after enactment of this Act:  Provided further, That the 
     Secretary may extend the 60-day notification period with the 
     prior written approval of the House and Senate Committees on 
     Appropriations:  Provided further, That public housing 
     agencies participating in the Moving to Work demonstration 
     shall be funded pursuant to their Moving to Work agreements 
     and shall be subject to the same pro rata adjustments under 
     the previous provisos:  Provided further, That up to 
     $103,000,000 shall be available only: (1) to adjust the 
     allocations for public housing agencies, after application 
     for an adjustment by a public housing agency that experienced 
     a significant increase, as determined by the Secretary, in 
     renewal costs of tenant-based rental assistance resulting 
     from unforeseen circumstances or from portability under 
     section 8(r) of the Act; (2) for vouchers that were not in 
     use during the 12-month period in order to be available to 
     meet a commitment pursuant to section 8(o)(13) of the Act; 
     (3) for adjustments for costs associated with HUD-Veterans 
     Affairs Supportive Housing (HUD-VASH) vouchers; and (4) for 
     incremental tenant-based assistance for eligible families 
     currently assisted under the Disaster Voucher Program as 
     authorized by Public Law 109-148 under this heading and the 
     Disaster Housing Assistance Program for Hurricanes Ike and 
     Gustav on the condition that such vouchers will not be re-
     issued when families leave the program:  Provided further, 
     That of the amounts made available under this paragraph, up 
     to $15,000,000 may be transferred to and merged with the 
     appropriation for ``Transformation Initiative'';
       (2) $75,000,000 shall be for section 8 rental assistance 
     for relocation and replacement of housing units that are 
     demolished or disposed of pursuant to section 18 of the Act, 
     conversion of section 23 projects to assistance under section 
     8, the family unification program under section 8(x) of the 
     Act, relocation of witnesses in connection with efforts to 
     combat crime in public and assisted housing pursuant to a 
     request from a law enforcement or prosecution agency, 
     enhanced vouchers under any provision of law authorizing such 
     assistance under section 8(t) of the Act, HOPE VI vouchers, 
     mandatory and voluntary conversions, and tenant protection 
     assistance including replacement and relocation assistance or 
     for project-based assistance to prevent the displacement of 
     unassisted elderly tenants currently residing in section 202 
     properties financed between 1959 and 1974 that are refinanced 
     pursuant to Public Law 106-569, as amended, or under the 
     authority as provided under this Act:  Provided, That when a 
     public housing development is submitted for demolition or 
     disposition under section 18 of the Act, the Secretary may 
     provide section 8 rental assistance when the units pose an 
     imminent health and safety risk to residents:  Provided 
     further, That the Secretary may only provide replacement 
     vouchers for units that were occupied within the previous 24 
     months that cease to be available as assisted housing, 
     subject only to the availability of funds:  Provided further, 
     That of the amounts made available under this paragraph, 
     $10,000,000 shall be available to provide tenant protection 
     assistance, not otherwise provided under this paragraph, to 
     residents residing in low-vacancy areas and who may have to 
     pay rents greater than 30 percent of household income, as the 
     result of (1) the maturity of a HUD-insured, HUD-held or 
     section 202 loan that requires the permission of the 
     Secretary prior to loan prepayment; (2) the expiration of a 
     rental assistance contract for which the tenants are not 
     eligible for enhanced voucher or tenant protection assistance 
     under existing law; or (3)

[[Page 16390]]

     the expiration of affordability restrictions accompanying a 
     mortgage or preservation program administered by the 
     Secretary:  Provided further, That such tenant protection 
     assistance made available under the previous proviso may be 
     provided under the authority of section 8(t) or section 
     8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 
     1437f(t)):  Provided further, That the Secretary shall issue 
     guidance to implement the previous provisos, including, but 
     not limited to, requirements for defining eligible at-risk 
     households within 120 days of the enactment of this Act;
       (3) $1,400,000,000 shall be for administrative and other 
     expenses of public housing agencies in administering the 
     section 8 tenant-based rental assistance program, of which up 
     to $50,000,000 shall be available to the Secretary to 
     allocate to public housing agencies that need additional 
     funds to administer their section 8 programs, including fees 
     associated with section 8 tenant protection rental 
     assistance, the administration of disaster related vouchers, 
     Veterans Affairs Supportive Housing vouchers, and other 
     incremental vouchers:  Provided, That no less than 
     $1,350,000,000 of the amount provided in this paragraph shall 
     be allocated to public housing agencies for the calendar year 
     2012 funding cycle based on section 8(q) of the Act (and 
     related Appropriation Act provisions) as in effect 
     immediately before the enactment of the Quality Housing and 
     Work Responsibility Act of 1998 (Public Law 105-276):  
     Provided further, That if the amounts made available under 
     this paragraph are insufficient to pay the amounts determined 
     under the previous proviso, the Secretary may decrease the 
     amounts allocated to agencies by a uniform percentage 
     applicable to all agencies receiving funding under this 
     paragraph or may, to the extent necessary to provide full 
     payment of amounts determined under the previous proviso, 
     utilize unobligated balances, including recaptures and 
     carryovers, remaining from funds appropriated to the 
     Department of Housing and Urban Development under this 
     heading from prior fiscal years, notwithstanding the purposes 
     for which such amounts were appropriated:  Provided further, 
     That amounts provided under this paragraph shall be only for 
     activities related to the provision of tenant-based rental 
     assistance authorized under section 8, including related 
     development activities;
       (4) $60,000,000 shall be available for family self-
     sufficiency coordinators under section 23 of the Act;
       (5) $113,452,000 for the renewal of tenant-based assistance 
     contracts under section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 8013), including necessary 
     administrative expenses;
       (6) $75,000,000 for incremental rental voucher assistance 
     for use through a supported housing program administered in 
     conjunction with the Department of Veterans Affairs as 
     authorized under section 8(o)(19) of the United States 
     Housing Act of 1937:  Provided, That the Secretary of Housing 
     and Urban Development shall make such funding available, 
     notwithstanding section 204 (competition provision) of this 
     title, to public housing agencies that partner with eligible 
     VA Medical Centers or other entities as designated by the 
     Secretary of the Department of Veterans Affairs, based on 
     geographical need for such assistance as identified by the 
     Secretary of the Department of Veterans Affairs, public 
     housing agency administrative performance, and other factors 
     as specified by the Secretary of Housing and Urban 
     Development in consultation with the Secretary of the 
     Department of Veterans Affairs:  Provided further, That the 
     Secretary of Housing and Urban Development may waive, or 
     specify alternative requirements for (in consultation with 
     the Secretary of the Department of Veterans Affairs), any 
     provision of any statute or regulation that the Secretary of 
     Housing and Urban Development administers in connection with 
     the use of funds made available under this paragraph (except 
     for requirements related to fair housing, nondiscrimination, 
     labor standards, and the environment), upon a finding by the 
     Secretary that any such waivers or alternative requirements 
     are necessary for the effective delivery and administration 
     of such voucher assistance:  Provided further, That 
     assistance made available under this paragraph shall continue 
     to remain available for homeless veterans upon turn-over;
       (7) $5,000,000 for payments to public housing authorities 
     to be competitively awarded in order to demonstrate the 
     effectiveness of leveraging mainstream resources to address 
     the needs of families and individuals who are homeless or at 
     risk of homelessness, as defined by the Secretary of Housing 
     and Urban Development, to be administered by the Secretary in 
     conjunction with the Department of Health and Human Services 
     and the Department of Education:  Provided, That funds 
     provided under this paragraph shall be awarded to public 
     housing authorities that (1) partner with eligible State and 
     local entities responsible for distributing Temporary 
     Assistance for Needy Families (TANF) and other health and 
     human services, as designated by the Secretary of the 
     Department of Health and Human Services, and (2) partner with 
     school homelessness liaisons funded through the Department of 
     Education's Education for Homeless Children and Youth 
     Program:  Provided further, That the funds may also be 
     available to public housing authorities that partner with 
     eligible State Medicaid agencies and State behavioral health 
     entities, as designated by the Secretary of the Department of 
     Health and Human Services, to provide housing in conjunction 
     with Medicaid case management, substance abuse treatment, and 
     mental health services; and
       (8) The Secretary shall separately track all special 
     purpose vouchers funded under this heading.

                        housing certificate fund

                              (rescission)

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

                      public housing capital fund

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

                     public housing operating fund

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

[[Page 16391]]



                          choice neighborhoods

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

                  native american housing block grants

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

                  native hawaiian housing block grant

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

           indian housing loan guarantee fund program account

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

      native hawaiian housing loan guarantee fund program account

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

                   Community Planning and Development

              housing opportunities for persons with aids

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

                       community development fund

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

           community development block grant disaster funding

       For an additional amount for the ``Community Development 
     Fund'', for necessary expenses related to disaster relief, 
     long-term recovery, and restoration of infrastructure, 
     housing, and economic revitalization resulting from a major 
     disaster designation pursuant to the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122(2)) in 2011, $400,000,000, to remain available until 
     expended, for activities authorized under title I of the 
     Housing and Community Development Act of 1974 (Public Law 93-
     383):  Provided, That the amount provided under this heading 
     is designated by Congress as being for disaster relief 
     pursuant to section 251(b)(2)(D) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
     amended:  Provided further, That funds shall be awarded 
     directly to the State or unit of general local government at 
     the discretion of the Secretary:  Provided further, That 
     prior to the obligation of funds a grantee shall submit a 
     plan to the Secretary detailing the proposed use of all 
     funds, including criteria for eligibility and how the use of 
     these funds will address long-term recovery and restoration 
     of infrastructure:  Provided further, That funds provided 
     under this heading may be used by a State or locality as a 
     matching requirement, share, or contribution for any other 
     Federal program:  Provided further, That such funds may not 
     be used for activities reimbursable by, or for which funds 
     are made available by, the Federal Emergency Management 
     Agency or the Army Corps of Engineers:  Provided further, 
     That funds allocated under this heading shall not adversely 
     affect the amount of any formula assistance received by a 
     State or subdivision thereof under the Community Development 
     Fund:  Provided further, That a State or subdivision thereof 
     may use up to 5 percent of its allocation for administrative 
     costs:  Provided further, That in administering the funds 
     under this heading, the Secretary of Housing and Urban 
     Development may waive, or specify alternative requirements 
     for, any provision of any statute or regulation that the 
     Secretary administers in connection with the obligation by 
     the Secretary or the use by the recipient of these funds or 
     guarantees (except for requirements related to fair housing, 
     nondiscrimination, labor

[[Page 16392]]

     standards, and the environment), upon a request by a State or 
     subdivision thereof explaining why such waiver is required to 
     facilitate the use of such funds or guarantees, if the 
     Secretary finds that such waiver would not be inconsistent 
     with the overall purpose of title I of the Housing and 
     Community Development Act of 1974:  Provided further, That 
     the Secretary shall publish in the Federal Register any 
     waiver of any statute or regulation that the Secretary 
     administers pursuant to title I of the Housing and Community 
     Development Act of 1974 no later than 5 days before the 
     effective date of such waiver.

         community development loan guarantees program account

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

                  home investment partnerships program

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

        self-help and assisted homeownership opportunity program

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

                       homeless assistance grants

                     (including transfer of funds)

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

                            Housing Programs

                    project-based rental assistance

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

                        housing for the elderly

       For capital advances, including amendments to capital 
     advance contracts, for housing for the elderly, as authorized 
     by section 202 of the Housing Act of 1959, as amended, and 
     for project rental assistance for the elderly under section 
     202(c)(2) of such Act, including amendments to contracts for 
     such assistance and renewal of expiring contracts for such 
     assistance for up to a 1-year term, and for senior 
     preservation rental assistance contracts, as authorized by 
     section 811(e) of the American Housing and Economic 
     Opportunity Act of 2000, as amended, and for supportive 
     services associated with the housing, $369,627,000 to remain 
     available until September 30, 2015:  Provided, That of the 
     amount provided under this heading, up to $91,000,000 shall 
     be for service coordinators and the continuation of existing 
     congregate service grants for residents of assisted housing 
     projects, and of which up to $20,000,000 shall be for grants 
     under section 202b of the Housing Act of 1959 (12 U.S.C. 
     1701q-2) for conversion of eligible projects under such 
     section to assisted living, service-enriched housing, or 
     related use for substantial and emergency repairs as 
     determined by the Secretary:  Provided further, That amounts

[[Page 16393]]

     under this heading shall be available for Real Estate 
     Assessment Center inspections and inspection-related 
     activities associated with section 202 capital advance 
     projects:  Provided further, That the Secretary may waive the 
     provisions of section 202 governing the terms and conditions 
     of project rental assistance, except that the initial 
     contract term for such assistance shall not exceed 5 years in 
     duration.

                 housing for persons with disabilities

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

                     Housing Counseling Assistance

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

                    other assisted housing programs

                       rental housing assistance

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

                            rent supplement

                              (rescission)

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

            payment to manufactured housing fees trust fund

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

                     Federal Housing Administration

               mutual mortgage insurance program account

                     (including transfers of funds)

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

                general and special risk program account

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

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

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

                    Policy Development and Research

                        research and technology

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

                   Fair Housing and Equal Opportunity

                        fair housing activities

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

[[Page 16394]]

     this heading, $300,000 shall be available to the Secretary of 
     Housing and Urban Development for the creation and promotion 
     of translated materials and other programs that support the 
     assistance of persons with limited English proficiency in 
     utilizing the services provided by the Department of Housing 
     and Urban Development.

            Office of Healthy Homes and Lead Hazard Control

                         lead hazard reduction

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

                          Working Capital Fund

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

                      Office of Inspector General

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

                       Transformation Initiative

                     (including transfer of funds)

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

    General Provisions--Department of Housing and Urban Development

       Sec. 201.  Fifty percent of the amounts of budget 
     authority, or in lieu thereof 50 percent of the cash amounts 
     associated with such budget authority, that are recaptured 
     from projects described in section 1012(a) of the Stewart B. 
     McKinney Homeless Assistance Amendments Act of 1988 (42 
     U.S.C. 1437 note) shall be rescinded or in the case of cash, 
     shall be remitted to the Treasury, and such amounts of budget 
     authority or cash recaptured and not rescinded or remitted to 
     the Treasury shall be used by State housing finance agencies 
     or local governments or local housing agencies with projects 
     approved by the Secretary of Housing and Urban Development 
     for which settlement occurred after January 1, 1992, in 
     accordance with such section. Notwithstanding the previous 
     sentence, the Secretary may award up to 15 percent of the 
     budget authority or cash recaptured and not rescinded or 
     remitted to the Treasury to provide project owners with 
     incentives to refinance their project at a lower interest 
     rate.
       Sec. 202.  None of the amounts made available under this 
     Act may be used during fiscal year 2012 to investigate or 
     prosecute under the Fair Housing Act any otherwise lawful 
     activity engaged in by one or more persons, including the 
     filing or maintaining of a nonfrivolous legal action, that is 
     engaged in solely for the purpose of achieving or preventing 
     action by a Government official or entity, or a court of 
     competent jurisdiction.
       Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from 
     any amounts made available under this title for fiscal year 
     2012 that are allocated under such section, the Secretary of 
     Housing and Urban Development shall allocate and make a 
     grant, in the amount determined under subsection (b), for any 
     State that--
       (1) received an allocation in a prior fiscal year under 
     clause (ii) of such section; and
       (2) is not otherwise eligible for an allocation for fiscal 
     year 2012 under such clause (ii) because the areas in the 
     State outside of the metropolitan statistical areas that 
     qualify under clause (i) in fiscal year 2011 do not have the 
     number of cases of acquired immunodeficiency syndrome (AIDS) 
     required under such clause.
       (b) The amount of the allocation and grant for any State 
     described in subsection (a) shall be an amount based on the 
     cumulative number of AIDS cases in the areas of that State 
     that are outside of metropolitan statistical areas that 
     qualify under clause (i) of such section 854(c)(1)(A) in 
     fiscal year 2012, in proportion to AIDS cases among cities 
     and States that qualify under clauses (i) and (ii) of such 
     section and States deemed eligible under subsection (a).
       (c) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2012 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the 
     city of New York, New York, on behalf of the New York-Wayne-
     White Plains, New York-New Jersey Metropolitan Division 
     (hereafter ``metropolitan division'') of the New York-Newark-
     Edison, NY-NJ-PA Metropolitan Statistical Area, shall be 
     adjusted by the Secretary of Housing and Urban Development 
     by:
       (1) allocating to the city of Jersey City, New Jersey, the 
     proportion of the metropolitan area's or division's amount 
     that is based on the number of cases of AIDS reported in the 
     portion of the metropolitan area or division that is located 
     in Hudson County, New Jersey, and adjusting for the 
     proportion of the metropolitan division's high-incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS; and
       (2) allocating to the city of Paterson, New Jersey, the 
     proportion of the metropolitan area's or

[[Page 16395]]

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

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       (d) For purposes of this section--
       (1) the terms ``low-income'' and ``very low-income'' shall 
     have the meanings provided by the statute and/or regulations 
     governing the program under which the project is insured or 
     assisted;
       (2) the term ``multifamily housing project'' means housing 
     that meets one of the following conditions--
       (A) housing that is subject to a mortgage insured under the 
     National Housing Act;
       (B) housing that has project-based assistance attached to 
     the structure including projects undergoing mark to market 
     debt restructuring under the Multifamily Assisted Housing 
     Reform and Affordability Housing Act;
       (C) housing that is assisted under section 202 of the 
     Housing Act of 1959 as amended by section 801 of the 
     Cranston-Gonzales National Affordable Housing Act;
       (D) housing that is assisted under section 202 of the 
     Housing Act of 1959, as such section existed before the 
     enactment of the Cranston-Gonzales National Affordable 
     Housing Act; or
       (E) housing or vacant land that is subject to a use 
     agreement;
       (3) the term ``project-based assistance'' means--
       (A) assistance provided under section 8(b) of the United 
     States Housing Act of 1937;
       (B) assistance for housing constructed or substantially 
     rehabilitated pursuant to assistance provided under section 
     8(b)(2) of such Act (as such section existed immediately 
     before October 1, 1983);
       (C) rent supplement payments under section 101 of the 
     Housing and Urban Development Act of 1965;
       (D) interest reduction payments under section 236 and/or 
     additional assistance payments under section 236(f)(2) of the 
     National Housing Act;
       (E) assistance payments made under section 202(c)(2) of the 
     Housing Act of 1959; and
       (F) assistance payments made under section 811(d)(2) of the 
     Housing Act of 1959;
       (4) the term ``receiving project or projects'' means the 
     multifamily housing project or projects to which some or all 
     of the project-based assistance, debt, and statutorily 
     required use low-income and very low-income restrictions are 
     to be transferred;
       (5) the term ``transferring project'' means the multifamily 
     housing project which is transferring some or all of the 
     project-based assistance, debt and the statutorily required 
     low-income and very low-income use restrictions to the 
     receiving project or projects; and
       (6) the term ``Secretary'' means the Secretary of Housing 
     and Urban Development.
       Sec. 213.  The funds made available for Native Alaskans 
     under the heading ``Native American Housing Block Grants'' in 
     title III of this Act shall be allocated to the same Native 
     Alaskan housing block grant recipients that received funds in 
     fiscal year 2005.
       Sec. 214.  No funds provided under this title may be used 
     for an audit of the Government National Mortgage Association 
     that makes applicable requirements under the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661 et seq.).
       Sec. 215. (a) No assistance shall be provided under section 
     8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) 
     to any individual who--
       (1) is enrolled as a student at an institution of higher 
     education (as defined under section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002));
       (2) is under 24 years of age;
       (3) is not a veteran;
       (4) is unmarried;
       (5) does not have a dependent child;
       (6) is not a person with disabilities, as such term is 
     defined in section 3(b)(3)(E) of the United States Housing 
     Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
     assistance under such section 8 as of November 30, 2005; and
       (7) is not otherwise individually eligible, or has parents 
     who, individually or jointly, are not eligible, to receive 
     assistance under section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f).
       (b) For purposes of determining the eligibility of a person 
     to receive assistance under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f), any financial 
     assistance (in excess of amounts received for tuition) that 
     an individual receives under the Higher Education Act of 1965 
     (20 U.S.C. 1001 et seq.), from private sources, or an 
     institution of higher education (as defined under the Higher 
     Education Act of 1965 (20 U.S.C. 1002)), shall be considered 
     income to that individual, except for a person over the age 
     of 23 with dependent children.
       Sec. 216.  Notwithstanding the limitation in the first 
     sentence of section 255(g) of the National Housing Act (12 
     U.S.C. 1715z-g), the Secretary of Housing and Urban 
     Development may, until September 30, 2012, insure and enter 
     into commitments to insure mortgages under section 255(g) of 
     the National Housing Act (12 U.S.C. 1715z-20).
       Sec. 217.  Notwithstanding any other provision of law, in 
     fiscal year 2011, in managing and disposing of any 
     multifamily property that is owned or has a mortgage held by 
     the Secretary of Housing and Urban Development, and during 
     the process of foreclosure on any property with a contract 
     for rental assistance payments under section 8 of the United 
     States Housing Act of 1937 or other Federal programs, the 
     Secretary shall maintain any rental assistance payments under 
     section 8 of the United States Housing Act of 1937 and other 
     programs that are attached to any dwelling units in the 
     property. To the extent the Secretary determines, in 
     consultation with the tenants and the local government, that 
     such a multifamily property owned or held by the Secretary is 
     not feasible for continued rental assistance payments under 
     such section 8 or other programs, based on consideration of 
     (1) the costs of rehabilitating and operating the property 
     and all available Federal, State, and local resources, 
     including rent adjustments under section 524 of the 
     Multifamily Assisted Housing Reform and Affordability Act of 
     1997 (``MAHRAA'') and (2) environmental conditions that 
     cannot be remedied in a cost-effective fashion, the Secretary 
     may, in consultation with the tenants of that property, 
     contract for project-based rental assistance payments with an 
     owner or owners of other existing housing properties, or 
     provide other rental assistance. The Secretary shall also 
     take appropriate steps to ensure that project-based contracts 
     remain in effect prior to foreclosure, subject to the 
     exercise of contractual abatement remedies to assist 
     relocation of tenants for imminent major threats to health 
     and safety after written notice to and informed consent of 
     the affected tenants and use of other available remedies, 
     such as partial abatements or receivership. After disposition 
     of any multifamily property described under this section, the 
     contract and allowable rent levels on such properties shall 
     be subject to the requirements under section 524 of MAHRAA.
       Sec. 218.  During fiscal year 2012, in the provision of 
     rental assistance under section 8(o) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a 
     program to demonstrate the economy and effectiveness of 
     providing such assistance for use in assisted living 
     facilities that is carried out in the counties of the State 
     of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) 
     of such section 8(o), a family residing in an assisted living 
     facility in any such county, on behalf of which a public 
     housing agency provides assistance pursuant to section 
     8(o)(18) of such Act, may be required, at the time the family 
     initially receives such assistance, to pay rent in an amount 
     exceeding 40 percent of the monthly adjusted income of the 
     family by such a percentage or amount as the Secretary of 
     Housing and Urban Development determines to be appropriate.
       Sec. 219.  The Secretary of Housing and Urban Development 
     shall report quarterly to the House of Representatives and 
     Senate Committees on Appropriations on HUD's use of all sole-
     source contracts, including terms of the contracts, cost, and 
     a substantive rationale for using a sole-source contract.
       Sec. 220.  Notwithstanding any other provision of law, the 
     recipient of a grant under section 202b of the Housing Act of 
     1959 (12 U.S.C. 1701q) after December 26, 2000, in accordance 
     with the unnumbered paragraph at the end of section 202(b) of 
     such Act, may, at its option, establish a single-asset 
     nonprofit entity to own the project and may lend the grant 
     funds to such entity, which may be a private nonprofit 
     organization described in section 831 of the American 
     Homeownership and Economic Opportunity Act of 2000.
       Sec. 221. (a) The amounts provided under the subheading 
     ``Program Account'' under the heading ``Community Development 
     Loan Guarantees'' may be used to guarantee, or make 
     commitments to guarantee, notes, or other obligations issued 
     by any State on behalf of nonentitlement communities in the 
     State in accordance with the requirements of section 108 of 
     the Housing and Community Development Act of 1974 in fiscal 
     year 2012 and subsequent years:  Provided, That, any State 
     receiving such a guarantee or commitment shall distribute all 
     funds subject to such guarantee to the units of general local 
     government in nonentitlement areas that received the 
     commitment.
       (b) Not later than 60 days after the date of enactment of 
     this Act, the Secretary of Housing and Urban Development 
     shall promulgate regulations governing the administration of 
     the funds described under subsection (a).
       Sec. 222.  Section 24 of the United States Housing Act of 
     1937 (42 U.S.C. 1437v) is amended--
       (1) in subsection (m)(1), by striking ``fiscal year'' and 
     all that follows through the period at the end and inserting 
     ``fiscal year 2012.''; and
       (2) in subsection (o), by striking ``September'' and all 
     that follows through the period at the end and inserting 
     ``September 30, 2012.''.
       Sec. 223.  Public housing agencies that own and operate 400 
     or fewer public housing units may elect to be exempt from any 
     asset management requirement imposed by the Secretary of 
     Housing and Urban Development in connection with the 
     operating fund rule:  Provided, That an agency seeking a 
     discontinuance of a reduction of subsidy under the operating 
     fund formula shall not be exempt from asset management 
     requirements.
       Sec. 224.  With respect to the use of amounts provided in 
     this Act and in future Acts for the operation, capital 
     improvement and management of public housing as authorized by 
     sections 9(d) and 9(e) of the United States Housing Act of 
     1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not 
     impose any requirement or guideline relating to asset 
     management that restricts or limits in any way the use of 
     capital funds for central office costs pursuant to section 
     9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 
     (42 U.S.C. 1437g(g)(1), (2)):  Provided, That a public 
     housing agency may not use capital funds authorized under 
     section 9(d) for activities that are eligible under section 
     9(e) for assistance with amounts from the operating fund in 
     excess of the amounts permitted under section 9(g)(1) or 
     9(g)(2).
       Sec. 225.  No official or employee of the Department of 
     Housing and Urban Development

[[Page 16397]]

     shall be designated as an allotment holder unless the Office 
     of the Chief Financial Officer has determined that such 
     allotment holder has implemented an adequate system of funds 
     control and has received training in funds control procedures 
     and directives. The Chief Financial Officer shall ensure 
     that, not later than 90 days after the date of enactment of 
     this Act, a trained allotment holder shall be designated for 
     each HUD subaccount under the heading ``Administration, 
     Operations, and Management'' as well as each account 
     receiving appropriations for ``Program Office Salaries and 
     Expenses'' within the Department of Housing and Urban 
     Development.
       Sec. 226.  The Secretary of Housing and Urban Development 
     shall report quarterly to the House and Senate Committees on 
     Appropriations on the status of all section 8 project-based 
     housing, including the number of all project-based units by 
     region as well as an analysis of all federally subsidized 
     housing being refinanced under the Mark-to-Market program. 
     The Secretary shall in the report identify all existing units 
     maintained by region as section 8 project-based units and all 
     project-based units that have opted out of section 8 or have 
     otherwise been eliminated as section 8 project-based units. 
     The Secretary shall identify in detail and by project all the 
     efforts made by the Department to preserve all section 8 
     project-based housing units and all the reasons for any units 
     which opted out or otherwise were lost as section 8 project-
     based units. Such analysis shall include a review of the 
     impact of the loss of any subsidized units in that housing 
     marketplace, such as the impact of cost and the loss of 
     available subsidized, low-income housing in areas with scarce 
     housing resources for low-income families.
       Sec. 227.  Payment of attorney fees in program-related 
     litigation must be paid from individual program office 
     personnel benefits and compensation funding. The annual 
     budget submission for program office personnel benefit and 
     compensation funding must include program-related litigation 
     costs for attorney fees as a separate line item request.
       Sec. 228.  The Secretary of the Department of Housing and 
     Urban Development shall for fiscal year 2012 and subsequent 
     fiscal years, notify the public through the Federal Register 
     and other means, as determined appropriate, of the issuance 
     of a notice of the availability of assistance or notice of 
     funding availability (NOFA) for any program or discretionary 
     fund administered by the Secretary that is to be 
     competitively awarded. Notwithstanding any other provision of 
     law, for fiscal year 2012 and subsequent fiscal years, the 
     Secretary may make the NOFA available only on the Internet at 
     the appropriate Government Web site or through other 
     electronic media, as determined by the Secretary.
       Sec. 229.  No property identified by the Secretary of 
     Housing and Urban Development as surplus Federal property for 
     use to assist the homeless shall be made available to any 
     homeless group unless the group is a member in good standing 
     under any of HUD's homeless assistance programs or is in good 
     standing with any other program which receives funds from any 
     other Federal or State agency or entity:  Provided, That an 
     exception may be made for an entity not involved with Federal 
     homeless programs to use surplus Federal property for the 
     homeless only after the Secretary or another responsible 
     Federal agency has fully and comprehensively reviewed all 
     relevant finances of the entity, the track record of the 
     entity in assisting the homeless, the ability of the entity 
     to manage the property, including all costs, the ability of 
     the entity to administer homeless programs in a manner that 
     is effective to meet the needs of the homeless population 
     that is expected to use the property and any other related 
     issues that demonstrate a commitment to assist the homeless:  
     Provided further, That the Secretary shall not require the 
     entity to have cash in hand in order to demonstrate financial 
     ability but may rely on the entity's prior demonstrated fund-
     raising ability or commitments for in-kind donations of goods 
     and services:  Provided further, That the Secretary shall 
     make all such information and its decision regarding the 
     award of the surplus property available to the committees of 
     jurisdiction, including a full justification of the 
     appropriateness of the use of the property to assist the 
     homeless as well as the appropriateness of the group seeking 
     to obtain the property to use such property to assist the 
     homeless:  Provided further, That, this section shall apply 
     to properties in fiscal years 2011 and 2012 made available as 
     surplus Federal property for use to assist the homeless.
       Sec. 230.  The Secretary of the Department of Housing and 
     Urban Development is authorized to transfer up to 5 percent 
     or $5,000,000, whichever is less, of the funds made available 
     for salaries and expenses under any account or any set-aside 
     within any account under this title under the general heading 
     ``Program Office Salaries and Expenses'', and under the 
     account heading ``Administration, Operations and 
     Management'', to any other such account or any other such 
     set-aside within any such account:  Provided, That no 
     appropriation for salaries and expenses in any such account 
     or set-aside shall be increased or decreased by more than 5 
     percent or $5,000,000, whichever is less, without prior 
     written approval of the House and Senate Committees on 
     Appropriations.
       Sec. 231.  The Disaster Housing Assistance Programs, 
     administered by the Department of Housing and Urban 
     Development, shall be considered a ``program of the 
     Department of Housing and Urban Development'' under section 
     904 of the McKinney Act for the purpose of income 
     verifications and matching.
       Sec. 232.  Of the amounts made available for salaries and 
     expenses under all accounts under this title (except for the 
     Office of Inspector General account), a total of up to 
     $10,000,000 may be transferred to and merged with amounts 
     made available in the ``Working Capital Fund'' account under 
     this title.
       Sec. 233.  Title II of division I of Public Law 108-447 and 
     title III of Public Law 109-115 are each amended by striking 
     the item related to ``Flexible Subsidy Fund''.
       Sec. 234.  The Secretary of Housing and Urban Development 
     may increase, pursuant to this section, the number of Moving-
     to-Work agencies authorized under section 204, title II, of 
     the Departments of Veterans Affairs and Housing and Urban 
     Development and Independent Agencies Appropriations Act, 1996 
     (Public Law 104-134; 110 Stat. 1321) by adding to the program 
     up to three Public Housing Agencies that are High Performing 
     Agencies under the Public Housing Assessment System (PHAS) or 
     the Section Eight Management Assessment Program (SEMAP). No 
     PHA shall be granted this designation through this section 
     that administers in excess of 20,000 aggregate housing 
     vouchers and public housing units. No PHA granted this 
     designation through this section shall receive more funding 
     under sections 8 or 9 of the United States Housing Act of 
     1937 than they otherwise would have received absent this 
     designation. In addition to other reporting requirements, all 
     Moving-to-Work agencies shall report financial data to the 
     Department of Housing and Urban Development as specified by 
     the Secretary, so that the effect of Moving-to-Work policy 
     changes can be measured.
       Sec. 235.  Of the unobligated balances remaining from funds 
     appropriated under the heading ``Tenant-Based Rental 
     Assistance'' under the ``Full-Year Continuing Appropriations 
     Act, 2011'', $750,000,000 are rescinded from the 
     $4,000,000,000 which are available on October 1, 2011:  
     Provided, That such amounts may be derived from reductions to 
     public housing agencies' calendar year 2012 allocations based 
     on the excess amounts of public housing agencies' net 
     restricted assets accounts, including the net restricted 
     assets of MTW agencies (in accordance with VMS data in 
     calendar year 2011 that is verifiable and complete), as 
     determined by the Secretary:  Provided further, That in 
     making such adjustments, the Secretary shall preserve public 
     housing authority reserves at no less than one month, to the 
     extent practicable.
       Sec. 236.  The United States Housing Act of 1937 (42 U.S.C. 
     1437) is amended--
       (1) in section 3(a)(1) by inserting before the period at 
     the end of the second sentence the following: ``, except in 
     the case of any family with a fixed income, as defined by the 
     Secretary, after the initial review of the family's income, 
     the public housing agency or owner shall not be required to 
     conduct a review of the family's income for any year for 
     which such family certifies, in accordance with such 
     requirements as the Secretary shall establish, that 90 
     percent or more of the income of the family consists of fixed 
     income, and that the sources of such income have not changed 
     since the previous year, except that the public housing 
     agency or owner shall conduct a review of each such family's 
     income not less than once every 3 years'';
       (2) in section 3(b)(2) by inserting after the second 
     sentence the following new sentence: ``The term `extremely 
     low-income families' means very low-income families whose 
     incomes do not exceed the higher of (A) the poverty 
     guidelines updated periodically by the Department of Health 
     and Human Services under the authority of section 673(2) of 
     the Community Services Block Grant Act (42 U.S.C. 9902(2)), 
     applicable to a family of the size involved; or (B) 30 
     percent of the median family income for the area, as 
     determined by the Secretary, with adjustments for smaller and 
     larger families, except that the Secretary may establish 
     income ceilings higher or lower than 30 percent of the median 
     for the area on the basis of the Secretary's findings that 
     such variations are necessary because of unusually high or 
     low family incomes, and except that clause (A) of this 
     sentence shall not apply in the case of public housing 
     agencies located in Puerto Rico or any other territory or 
     possession of the United States.'';
       (3) in paragraph (2) of section 3(b) by adding at the end 
     the following new sentence: ``The Secretary shall 
     periodically, but not less than annually, determine or 
     establish area median incomes and income ceilings and limits 
     in accordance with this paragraph'';
       (4) in section 3(b)(5)(A)--
       (A) in clause (i) by striking ``$400'' and inserting in 
     lieu thereof ``$675''; and
       (B) in clause (ii), in the matter preceding subclause (I), 
     by striking ``3 percent'' and inserting in lieu thereof ``10 
     percent'';
       (5) in paragraph (1) of section 8(c)--
       (A) by inserting ``(A)'' after the paragraph designation;
       (B) by striking the fourth, fifth, seventh, eighth, ninth, 
     and tenth sentences; and
       (C) by adding at the end the following:
       ``(B) Fair market rentals for an area shall be published 
     not less than annually by the Secretary on the Department's 
     Web site and in any other manner specified by the Secretary. 
     The Secretary shall publish notice of the publication of such 
     fair market rentals in the Federal Register, and such fair 
     market rentals shall become effective no earlier than 30 days 
     after the date of such publication. The Secretary shall 
     establish a procedure for public housing agencies and other 
     interested parties to comment on such fair market rentals and 
     to request, within a time

[[Page 16398]]

     specified by the Secretary, reevaluation of the fair market 
     rental in a jurisdiction. The Secretary shall publish for 
     comment in the Federal Register notices of proposed material 
     changes in the methodology for estimating fair market rentals 
     and notices specifying the final decisions regarding such 
     proposed substantial methodological changes and responses to 
     public comments.'';
       (6) in subparagraph (B) of section 8(o)(1) by inserting 
     before the period at the end the following: ``, except that 
     no public housing agency shall be required as a result of a 
     reduction in the fair market rental to reduce the payment 
     standard applied to a family continuing to reside in a unit 
     for which the family was receiving assistance under this 
     section at the time the fair market rental was reduced. The 
     Secretary shall allow public housing agencies to request 
     exception payment standards within fair market rental areas 
     subject to criteria and procedures established by the 
     Secretary'';
       (7) in subparagraph (D) of section 8(o)(1) by inserting 
     before the period at the end the following: ``except that a 
     public housing agency may establish a payment standard of not 
     more than 120 percent of the fair market rent, where 
     necessary, as a reasonable accommodation for a person with a 
     disability, without approval of the Secretary. A public 
     housing agency may seek approval of the Secretary to use a 
     payment standard greater than 120 percent of the fair market 
     rent as a reasonable accommodation for a disabled family or 
     other family with a person with a disability. In connection 
     with the use of any increased payment standard established or 
     approved pursuant to either of the preceding two sentences as 
     a reasonable accommodation for a person with a disability, 
     the Secretary may not establish additional requirements 
     regarding the amount of adjusted income paid by such person 
     for rent'';
       (8) in section 16(a)(2)(A) by striking ``families whose 
     incomes'' and all that follows through ``low family incomes'' 
     and inserting in lieu thereof ``extremely low-income 
     families'';
       (9) in section 16(b)(1) by striking ``families whose 
     incomes'' and all that follows through ``low family incomes'' 
     and inserting in lieu thereof ``extremely low-income 
     families''; and
       (10) in section 16(c)(3) by striking ``families whose 
     incomes'' and all that follows through ``low family incomes'' 
     and inserting in lieu thereof ``extremely low-income 
     families''.
       Sec. 237.  Section 579 of the Multifamily Assisted Housing 
     Reform and Affordability Act of 1997 (42 U.S.C. 1437f) is 
     amended by striking ``October 1, 2011'' each place it appears 
     and inserting in lieu thereof ``October 1, 2015''.

                     housing loan limit extensions

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

                               TITLE III

                            RELATED AGENCIES

                              Access Board

                         salaries and expenses

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

                      Federal Maritime Commission

                         salaries and expenses

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

  National Railroad Passenger Corporation Office of Inspector General

                      office of inspector general

                         salaries and expenses

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

                  National Transportation Safety Board

                         salaries and expenses

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

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

       For payment to the Neighborhood Reinvestment Corporation 
     for use in neighborhood reinvestment activities, as 
     authorized by the Neighborhood Reinvestment Corporation Act 
     (42 U.S.C. 8101-8107), $135,000,000, of which $5,000,000 
     shall be for a multi-family rental housing program:  
     Provided, That in addition, $65,000,000 shall be made 
     available until expended to the Neighborhood Reinvestment 
     Corporation for mortgage foreclosure mitigation activities, 
     under the following terms and conditions:
       (1) The Neighborhood Reinvestment Corporation (``NRC'') 
     shall make grants to counseling

[[Page 16399]]

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

           United States Interagency Council on Homelessness

                           operating expenses

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

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

       Sec. 401.  Such sums as may be necessary for fiscal year 
     2012 pay raises for programs funded in this Act shall be 
     absorbed within the levels appropriated in this Act or 
     previous appropriations Acts.
       Sec. 402.  None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 403.  None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 404.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 405.  Except as otherwise provided in this Act, none 
     of the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2012, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that:
       (1) creates a new program;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel for any program, project, 
     or activity for which funds have been denied or restricted by 
     the Congress;
       (4) proposes to use funds directed for a specific activity 
     by either the House or Senate Committees on Appropriations 
     for a different purpose;
       (5) augments existing programs, projects, or activities in 
     excess of $5,000,000 or 10 percent, whichever is less;
       (6) reduces existing programs, projects, or activities by 
     $5,000,000 or 10 percent, whichever is less; or
       (7) creates, reorganizes, or restructures a branch, 
     division, office, bureau, board, commission, agency, 
     administration, or department different from the budget 
     justifications submitted to the Committees on Appropriations 
     or the table accompanying the explanatory statement 
     accompanying this Act, whichever is more detailed, unless 
     prior approval is received from the House and Senate 
     Committees on Appropriations:  Provided, That not later than 
     60 days after the date of enactment of this Act, each agency 
     funded by this Act shall submit a report to the Committees on 
     Appropriations of the Senate and of the House of 
     Representatives to establish the baseline for application of 
     reprogramming and transfer authorities for the current fiscal 
     year:  Provided further, That the report shall include:
       (A) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (B) a delineation in the table for each appropriation both 
     by object class and program, project, and activity as 
     detailed in the budget appendix for the respective 
     appropriation; and
       (C) an identification of items of special congressional 
     interest:  Provided further, That the amount appropriated or 
     limited for salaries and expenses for an agency shall be 
     reduced by $100,000 per day for each day after the required 
     date that the report has not been submitted to the Congress.
       Sec. 406.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2012 from 
     appropriations made available for salaries and expenses for 
     fiscal year 2012 in this Act, shall remain available through 
     September 30, 2013, for each such account for the purposes 
     authorized:  Provided, That a request shall be submitted to 
     the House and Senate Committees on Appropriations for 
     approval prior to the expenditure of such funds:  Provided 
     further, That these requests shall be made in compliance with 
     reprogramming guidelines under section 405 of this Act.
       Sec. 407.  All Federal agencies and departments that are 
     funded under this Act shall issue a report to the House and 
     Senate Committees on Appropriations on all sole-source 
     contracts by no later than July 30, 2012. Such report shall 
     include the contractor, the amount of the contract and the 
     rationale for using a sole-source contract.
       Sec. 408. (a) None of the funds made available in this Act 
     may be obligated or expended for any employee training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 409.  No funds in this Act may be used to support any 
     Federal, State, or local projects that seek to use the power 
     of eminent domain,

[[Page 16400]]

     unless eminent domain is employed only for a public use:  
     Provided, That for purposes of this section, public use shall 
     not be construed to include economic development that 
     primarily benefits private entities:  Provided further, That 
     any use of funds for mass transit, railroad, airport, seaport 
     or highway projects as well as utility projects which benefit 
     or serve the general public (including energy-related, 
     communication-related, water-related and wastewater-related 
     infrastructure), other structures designated for use by the 
     general public or which have other common-carrier or public-
     utility functions that serve the general public and are 
     subject to regulation and oversight by the government, and 
     projects for the removal of an immediate threat to public 
     health and safety or brownsfield as defined in the Small 
     Business Liability Relief and Brownsfield Revitalization Act 
     (Public Law 107-118) shall be considered a public use for 
     purposes of eminent domain.
       Sec. 410.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 411.  No part of any appropriation contained in this 
     Act shall be available to pay the salary for any person 
     filling a position, other than a temporary position, formerly 
     held by an employee who has left to enter the Armed Forces of 
     the United States and has satisfactorily completed his period 
     of active military or naval service, and has within 90 days 
     after his release from such service or from hospitalization 
     continuing after discharge for a period of not more than 1 
     year, made application for restoration to his former position 
     and has been certified by the Office of Personnel Management 
     as still qualified to perform the duties of his former 
     position and has not been restored thereto.
       Sec. 412.  No funds appropriated pursuant to this Act may 
     be expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with sections 
     2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
     popularly known as the ``Buy American Act'').
       Sec. 413.  No funds appropriated or otherwise made 
     available under this Act shall be made available to any 
     person or entity that has been convicted of violating the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 414.  None of the funds made available in this Act may 
     be used for first-class airline accommodations in 
     contravention of sections 301-10.122 and 301-10.123 of title 
     41, Code of Federal Regulations.
       Sec. 415.  None of the funds made available in this Act may 
     be used to purchase a light bulb for an office building 
     unless the light bulb has, to the extent practicable, an 
     Energy Star or Federal Energy Management Program designation.
       Sec. 416.  None of the funds made available in this Act may 
     be used to establish, issue, implement, administer, or 
     enforce any prohibition or restriction on the establishment 
     or effectiveness of any occupancy preference for veterans in 
     supportive housing for the elderly that:
       (1) is provided assistance by the Department of Housing and 
     Urban Development; and
       (2) is or would be located on property of the Department of 
     Veterans Affairs; or
       (3) is subject to an enhanced use lease with the Department 
     of Veterans Affairs.
       Sec. 417.  None of the funds made available under this Act 
     or any prior Act may be provided to the Association of 
     Community Organizations for Reform Now (ACORN), or any of its 
     affiliates, subsidiaries, or allied organizations.
       Sec. 418.  Concurrent with the issuance of any notice of 
     funding availability or any other notice designed to solicit 
     applications for a program through which grants or credit 
     assistance are awarded through a competitive process, the 
     Secretary of Transportation and the Secretary of Housing and 
     Urban Development shall post on their Web sites information 
     about such program, including, but not limited to, the goals 
     of the program, the criteria that will be used in awarding 
     grants or credit assistance, and the process by which 
     applications will be selected for the award of a grant or 
     credit assistance:  Provided, That concurrent with the public 
     announcement of grants or credit assistance to be awarded 
     through such competitive program, the Secretary of 
     Transportation and the Secretary of Housing and Urban 
     Development shall post on their Web sites information on each 
     applicant to be awarded a grant or credit assistance, 
     including, but not limited to, the name and address of the 
     applicant, the amount of the grant or credit assistance to be 
     awarded, the amount of financing expected from other sources, 
     and an explanation of how such award is consistent with 
     program goals.
       Sec. 419.  Notwithstanding section 701, none of the funds 
     made available by this Act may be used to purchase new 
     passenger motor vehicles, except for national security, law 
     enforcement needs, public transit, safety, and research:  
     Provided further,  all agencies and departments funded by 
     divisions A, B, and C of this Act shall send to Congress at 
     the end of the Fiscal Year a report containing a complete 
     inventory of the total number of vehicles owned, permanently 
     retired, and purchased during Fiscal Year 2012 as well as the 
     total cost of the vehicle fleet, including maintenance, fuel, 
     storage, purchasing, and leasing.
       Sec. 420.  A person or entity that receives a Federal loan 
     using amounts made available under division A, division B, or 
     division C of this Act may not repay the loan using a Federal 
     grant or other award funded with amounts made available under 
     division A, division B, or division C of this Act:  Provided 
     further,  a grant or other award funded with amounts made 
     available under division A, division B, or division C of this 
     Act may not be used to repay a Federal loan.
       This Act may be cited as the ``Transportation, Housing and 
     Urban Development, and Related Agencies Appropriations Act, 
     2012''.
       Amend the title so as to read: ``An Act making consolidated 
     appropriations for the Departments of Agriculture, Commerce, 
     Justice, Transportation, and Housing and Urban Development, 
     and related programs for the fiscal year ending September 30, 
     2012, and for other purposes.''.

  Mr. KOHL. Mr. President, I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 921

  Mr. DURBIN. I ask unanimous consent that a title amendment to H.R. 
2112, the text of which is at the desk, be agreed to.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

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

  The PRESIDING OFFICER. The majority leader.


                           ORDER OF PROCEDURE

  Mr. REID. Mr. President, I had a conversation with the Republican 
leader. We have a very important briefing today at 3:30, and it will be 
in the classified area of the Visitor Center. We are going to have 
Secretary Burns, General Clapper will be there, the head of the Joint 
Chiefs of Staff, Secretary Panetta will be there to talk about a number 
of countries around the world on which we need to focus our attention. 
I hope we have very good attendance at this meeting. It will be very 
important that we have Senators listen to what these gentlemen have to 
say, so I ask unanimous consent that we be in recess today from 3:30 
until 4:30.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, the experiment we have just completed on 
these appropriations bills has worked out extremely well. One reason it 
has worked out as well as it has is because of Senator Kohl. Senator 
Kohl has been in the Senate more than two decades, and those of us who 
have watched him know he doesn't spend a lot of time talking, but he 
spends a lot of time getting things done, and this legislation was an 
example of how good he is. Also, Senator Blunt--this is a new 
experience for him, but he had been in the House for many years and was 
part of their leadership and actually hit the ground running and has 
been a great partner in helping us move this legislation forward. So I 
congratulate both these fine Senators.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. KOHL. Mr. President, upon passage of this bill, I want to take a 
moment to thank my ranking member, Senator Blunt, for his guidance and 
support throughout this process. He and his staff, Stacy McBride and 
Mary Koskinen, were extraordinarily helpful to me and my staff as we 
put this bill together. I also thank my staff--Galen Fountain, Jessica 
Frederick, Dianne Nellor, Bob Ross, and Chad Metzler--for their 
excellent work.
  This is an austere bill. As I have stated before, almost every 
category of funding is lower than last year and much lower than the 
year before. We have had good debate on the floor about various 
provisions in the bill, and we have taken many votes. The process has 
been open and transparent. We have followed the regular order, and this 
bill was considered on the Senate floor. We can now conference this 
bill with the House and hopefully send it to the President shortly 
after that.

                          ____________________