[House Report 112-284]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-284
_______________________________________________________________________

                                     

 
   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
  RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 
                      2012, AND FOR OTHER PURPOSES

                               ----------                              

                           CONFERENCE REPORT

                              to accompany

                               H.R. 2112






               November 14, 2011.--Ordered to be printed
   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
  RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 
                      2012, AND FOR OTHER PURPOSES


112th Congress 
 1st Session            HOUSE OF REPRESENTATIVES                 Report
                                                                112-284
_______________________________________________________________________

                                     


   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
  RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 
                      2012, AND FOR OTHER PURPOSES

                               __________

                           CONFERENCE REPORT

                              to accompany

                               H.R. 2112






               November 14, 2011.--Ordered to be printed


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-284

======================================================================




   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
  RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 
                      2012, AND FOR OTHER PURPOSES

                                _______
                                

               November 14, 2011.--Ordered to be printed

                                _______
                                

       Mr. Rogers of Kentucky, from the Committee of Conference, 
                        submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 2112]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendments of the Senate to the bill 
(H.R. 2112), making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, and for 
other purposes, having met, after full and free conference, 
have agreed to recommend and do recommend to their respective 
Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
Senate amendment, insert the following:

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

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

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

                                TITLE I

                         AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                        Office of the Secretary

    For necessary expenses of the Office of the Secretary of 
Agriculture, $4,550,000:  Provided, That not to exceed $11,000 
of this amount shall be available for official reception and 
representation expenses, not otherwise provided for, as 
determined by the Secretary.

                       Office of Tribal Relations

    For necessary expenses of the Office of Tribal Relations, 
$448,000, to support communication and consultation activities 
with Federally Recognized Tribes, as well as other requirements 
established by law.

                          Executive Operations

                     office of the chief economist

    For necessary expenses of the Office of the Chief 
Economist, $11,177,000.

                       national appeals division

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

                 office of budget and program analysis

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

         office of homeland security and emergency coordination

    For necessary expenses of the Office of Homeland Security 
and Emergency Coordination, $1,321,000.

                    Office of Advocacy and Outreach

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

                Office of the Chief Information Officer

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

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, $5,650,000:  Provided, That no funds made available by 
this appropriation may be obligated for FAIR Act or Circular A-
76 activities until the Secretary has submitted to the 
Committees on Appropriations of both Houses of Congress and the 
Committee on Oversight and Government Reform of the House of 
Representatives a report on the Department's contracting out 
policies, including agency budgets for contracting out.

           Office of the Assistant Secretary for Civil Rights

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

                         Office of Civil Rights

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

          Office of the Assistant Secretary for Administration

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

        Agriculture Buildings and Facilities and Rental Payments

                     (including transfers of funds)

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

                     Hazardous Materials Management

                     (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to 
comply with the Comprehensive Environmental Response, 
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and 
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et 
seq.), $3,592,000, to remain available until expended:  
Provided, That appropriations and funds available herein to the 
Department for Hazardous Materials Management may be 
transferred to any agency of the Department for its use in 
meeting all requirements pursuant to the above Acts on Federal 
and non-Federal lands.

                      Departmental Administration

                     (including transfers of funds)

    For Departmental Administration, $24,165,000, to provide 
for necessary expenses for management support services to 
offices of the Department and for general administration, 
security, repairs and alterations, and other miscellaneous 
supplies and expenses not otherwise provided for and necessary 
for the practical and efficient work of the Department:  
Provided, That this appropriation shall be reimbursed from 
applicable appropriations in this Act for travel expenses 
incident to the holding of hearings as required by 5 U.S.C. 
551-558.

     Office of the Assistant Secretary for Congressional Relations

                     (including transfers of funds)

    For necessary expenses of the Office of the Assistant 
Secretary for Congressional Relations to carry out the programs 
funded by this Act, including programs involving 
intergovernmental affairs and liaison within the executive 
branch, $3,576,000:  Provided, That these funds may be 
transferred to agencies of the Department of Agriculture funded 
by this Act to maintain personnel at the agency level:  
Provided further, That no funds made available by this 
appropriation may be obligated after 30 days from the date of 
enactment of this Act, unless the Secretary has notified the 
Committees on Appropriations of both Houses of Congress on the 
allocation of these funds by USDA agency:  Provided further, 
That no other funds appropriated to the Department by this Act 
shall be available to the Department for support of activities 
of congressional relations.

                        Office of Communications

    For necessary expenses of the Office of Communications, 
$8,065,000.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General, 
including employment pursuant to the Inspector General Act of 
1978, $85,621,000, including such sums as may be necessary for 
contracting and other arrangements with public agencies and 
private persons pursuant to section 6(a)(9) of the Inspector 
General Act of 1978, and including not to exceed $125,000 for 
certain confidential operational expenses, including the 
payment of informants, to be expended under the direction of 
the Inspector General pursuant to Public Law 95-452 and section 
1337 of Public Law 97-98.

                     Office of the General Counsel

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

  Office of the Under Secretary for Research, Education and Economics

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

                       Economic Research Service

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

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural 
Statistics Service, $158,616,000, of which up to $41,639,000 
shall be available until expended for the Census of 
Agriculture.

                     Agricultural Research Service

                         salaries and expenses

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

               National Institute of Food and Agriculture

                   research and education activities

    For payments to agricultural experiment stations, for 
cooperative forestry and other research, for facilities, and 
for other expenses, $705,599,000, as follows: to carry out the 
provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i), 
$236,334,000; for grants for cooperative forestry research (16 
U.S.C. 582a through a-7), $32,934,000; for payments to eligible 
institutions (7 U.S.C. 3222), $50,898,000, provided that each 
institution receives no less than $1,000,000; for special 
grants (7 U.S.C. 450i(c)), $4,000,000; for competitive grants 
on improved pest control (7 U.S.C. 450i(c)), $15,830,000; for 
competitive grants (7 U.S.C. 450(i)(b)), $264,470,000, to 
remain available until expended; for the support of animal 
health and disease programs (7 U.S.C. 3195), $4,000,000; for 
supplemental and alternative crops and products (7 U.S.C. 
3319d), $825,000; for grants for research pursuant to the 
Critical Agricultural Materials Act (7 U.S.C. 178 et seq.), 
$1,081,000, to remain available until expended; for the 1994 
research grants program for 1994 institutions pursuant to 
section 536 of Public Law 103-382 (7 U.S.C. 301 note), 
$1,801,000, to remain available until expended; for rangeland 
research grants (7 U.S.C. 3333), $961,000; for the veterinary 
medicine loan repayment program under section 1415A of the 
National Agricultural Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3151a), $4,790,000, to remain available 
until expended; for grants and fellowships for food and 
agricultural sciences education under paragraphs (1), (5), and 
(6) of section 1417(b) of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(b)), 
$9,000,000, to remain available until expended; for an 
education grants program for Hispanic-serving Institutions (7 
U.S.C. 3241), $9,219,000; for competitive grants for the 
purpose of carrying out all provisions of 7 U.S.C. 3156 to 
individual eligible institutions or consortia of eligible 
institutions in Alaska and in Hawaii, with funds awarded 
equally to each of the States of Alaska and Hawaii, $3,194,000; 
for a secondary agriculture education program and 2-year post-
secondary education, (7 U.S.C. 3152(j)), $900,000; for 
aquaculture grants (7 U.S.C. 3322), $3,920,000; for sustainable 
agriculture research and education (7 U.S.C. 5811), 
$14,471,000; for a program of capacity building grants (7 
U.S.C. 3152(b)(4)) to institutions eligible to receive funds 
under 7 U.S.C. 3221 and 3222, $19,336,000, to remain available 
until expended (7 U.S.C. 2209b); for capacity building grants 
for non-land-grant colleges of agriculture (7 U.S.C. 3319i), 
$4,500,000, to remain available until expended; for competitive 
grants for policy research (7 U.S.C. 3155), $4,000,000, which 
shall be obligated within 120 days of the enactment of this 
Act; for payments to the 1994 Institutions pursuant to section 
534(a)(1) of Public Law 103-382, $3,335,000; for resident 
instruction grants for insular areas under section 1491 of the 
National Agricultural Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3363), $900,000; for distance education 
grants for insular areas under section 1490 of the National 
Agricultural Research, Extension, and Teaching Policy Act of 
1977 (7 U.S.C. 3362), $750,000; for a competitive grants 
program for farm business management and benchmarking (7 U.S.C. 
5925f), $1,450,000; for a competitive grants program regarding 
biobased energy (7 U.S.C. 8114), $2,200,000; and for necessary 
expenses of Research and Education Activities, $10,500,000, of 
which $2,600,000 for the Research, Education, and Economics 
Information System and $2,000,000 for the Electronic Grants 
Information System, are to remain available until expended.

              native american institutions endowment fund

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

                          extension activities

    For payments to States, the District of Columbia, Puerto 
Rico, Guam, the Virgin Islands, Micronesia, the Northern 
Marianas, and American Samoa, $475,183,000, as follows: 
payments for cooperative extension work under the Smith-Lever 
Act, to be distributed under sections 3(b) and 3(c) of said 
Act, and under section 208(c) of Public Law 93-471, for 
retirement and employees' compensation costs for extension 
agents, $294,000,000; payments for extension work at the 1994 
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), 
$4,312,000; payments for the nutrition and family education 
program for low-income areas under section 3(d) of the Act, 
$67,934,000; payments for the pest management program under 
section 3(d) of the Act, $9,918,000; payments for the farm 
safety program and youth farm safety education and 
certification extension grants under section 3(d) of the Act, 
$4,610,000; payments for New Technologies for Agriculture 
Extension under section 3(d) of the Act, $1,550,000; payments 
to upgrade research, extension, and teaching facilities at 
institutions eligible to receive funds under 7 U.S.C. 3221 and 
3222, $19,730,000, to remain available until expended; payments 
for youth-at-risk programs under section 3(d) of the Smith-
Lever Act, $7,600,000; payments for carrying out the provisions 
of the Renewable Resources Extension Act of 1978 (16 U.S.C. 
1671 et seq.), $3,700,000; payments for the federally 
recognized Tribes Extension Program under section 3(d) of the 
Smith-Lever Act, $3,039,000; payments for sustainable 
agriculture programs under section 3(d) of the Act, $4,696,000; 
payments for rural health and safety education as authorized by 
section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)), 
$1,500,000; payments for cooperative extension work by eligible 
institutions (7 U.S.C. 3221), $42,592,000, provided that each 
institution receives no less than $1,000,000; for grants to 
youth organizations pursuant to 7 U.S.C. 7630, $750,000; 
payments to carry out the food animal residue avoidance 
database program as authorized by 7 U.S.C. 7642, $1,000,000; 
payments to carry out section 1672(e)(49) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
5925), as amended, $400,000; and for necessary expenses of 
Extension Activities, $7,852,000.

                         integrated activities

    For the integrated research, education, and extension 
grants programs, including necessary administrative expenses, 
$21,482,000, as follows: for competitive grants programs 
authorized under section 406 of the Agricultural Research, 
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626), 
$14,496,000, including $4,500,000 for the water quality 
program, $4,000,000 for regional pest management centers, 
$1,996,000 for the methyl bromide transition program, and 
$4,000,000 for the organic transition program; $998,000 for the 
regional rural development centers program; and $5,988,000 for 
the Food and Agriculture Defense Initiative authorized under 
section 1484 of the National Agricultural Research, Extension, 
and Teaching Policy Act of 1977, to remain available until 
September 30, 2013.

  Office of the Under Secretary for Marketing and Regulatory Programs

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

               Animal and Plant Health Inspection Service

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Animal and Plant Health 
Inspection Service, including up to $30,000 for representation 
allowances and for expenses pursuant to the Foreign Service Act 
of 1980 (22 U.S.C. 4085), $816,534,000, of which $1,000,000, to 
be available until expended, shall be available for the control 
of outbreaks of insects, plant diseases, animal diseases and 
for control of pest animals and birds (``contingency fund'') to 
the extent necessary to meet emergency conditions; of which 
$17,848,000, to remain available until expended, shall be used 
for the cotton pests program for cost share purposes or for 
debt retirement for active eradication zones; of which 
$32,500,000, to remain available until expended, shall be for 
Animal Health Technical Services; of which $696,000 shall be 
for activities under the authority of the Horse Protection Act 
of 1970, as amended (15 U.S.C. 1831); of which $52,000,000, to 
remain available until expended, shall be used to support avian 
health; of which $4,335,000, to remain available until 
expended, shall be for information technology infrastructure; 
of which $153,950,000, to remain available until expended, 
shall be for specialty crop pests; of which, $9,068,000, to 
remain available until expended, shall be for field crop and 
rangeland ecosystem pests; of which $55,638,000, to remain 
available until expended, shall be for tree and wood pests; of 
which $2,750,000, to remain available until expended, shall be 
for the National Veterinary Stockpile; of which up to 
$1,500,000, to remain available until expended, shall be for 
the scrapie program for indemnities; of which $1,000,000, to 
remain available until expended, shall be for wildlife services 
methods development; of which $1,500,000, to remain available 
until expended, shall be for the wildlife damage management 
program for aviation safety; and up to 25 percent of the 
screwworm program shall remain available until expended:  
Provided, That no funds shall be used to formulate or 
administer a brucellosis eradication program for the current 
fiscal year that does not require minimum matching by the 
States of at least 40 percent:  Provided further, That this 
appropriation shall be available for the operation and 
maintenance of aircraft and the purchase of not to exceed four, 
of which two shall be for replacement only:  Provided further, 
That, in addition, in emergencies which threaten any segment of 
the agricultural production industry of this country, the 
Secretary may transfer from other appropriations or funds 
available to the agencies or corporations of the Department 
such sums as may be deemed necessary, to be available only in 
such emergencies for the arrest and eradication of contagious 
or infectious disease or pests of animals, poultry, or plants, 
and for expenses in accordance with sections 10411 and 10417 of 
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and 
sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 
and 7772), and any unexpended balances of funds transferred for 
such emergency purposes in the preceding fiscal year shall be 
merged with such transferred amounts:  Provided further, That 
appropriations hereunder shall be available pursuant to law (7 
U.S.C. 2250) for the repair and alteration of leased buildings 
and improvements, but unless otherwise provided the cost of 
altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the 
building.
    In fiscal year 2012, the agency is authorized to collect 
fees to cover the total costs of providing technical 
assistance, goods, or services requested by States, other 
political subdivisions, domestic and international 
organizations, foreign governments, or individuals, provided 
that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, 
goods, or services provided to the entity by the agency, and 
such fees shall be reimbursed to this account, to remain 
available until expended, without further appropriation, for 
providing such assistance, goods, or services.

                        buildings and facilities

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

                     Agricultural Marketing Service

                           marketing services

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

                 limitation on administrative expenses

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

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

                     (including transfers of funds)

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

                   payments to states and possessions

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

        Grain Inspection, Packers and Stockyards Administration

                         salaries and expenses

    For necessary expenses of the Grain Inspection, Packers and 
Stockyards Administration, $37,750,000:  Provided, That this 
appropriation shall be available pursuant to law (7 U.S.C. 
2250) for the alteration and repair of buildings and 
improvements, but the cost of altering any one building during 
the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.

        LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

    Not to exceed $49,000,000 (from fees collected) shall be 
obligated during the current fiscal year for inspection and 
weighing services:  Provided, That if grain export activities 
require additional supervision and oversight, or other 
uncontrollable factors occur, this limitation may be exceeded 
by up to 10 percent with notification to the Committees on 
Appropriations of both Houses of Congress.

             Office of the Under Secretary for Food Safety

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

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by 
the Federal Meat Inspection Act, the Poultry Products 
Inspection Act, and the Egg Products Inspection Act, including 
not to exceed $50,000 for representation allowances and for 
expenses pursuant to section 8 of the Act approved August 3, 
1956 (7 U.S.C. 1766), $1,004,427,000; and in addition, 
$1,000,000 may be credited to this account from fees collected 
for the cost of laboratory accreditation as authorized by 
section 1327 of the Food, Agriculture, Conservation and Trade 
Act of 1990 (7 U.S.C. 138f):  Provided, That funds provided for 
the Public Health Data Communication Infrastructure system 
shall remain available until expended:  Provided further, That 
no fewer than 148 full-time equivalent positions shall be 
employed during fiscal year 2012 for purposes dedicated solely 
to inspections and enforcement related to the Humane Methods of 
Slaughter Act:  Provided further, That the Food Safety and 
Inspection Service shall continue implementation of section 
11016 of Public Law 110-246:  Provided further, That this 
appropriation shall be available pursuant to law (7 U.S.C. 
2250) for the alteration and repair of buildings and 
improvements, but the cost of altering any one building during 
the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

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

                          Farm Service Agency

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Farm Service Agency, 
$1,198,966,000, of which $13,000,000 shall be for the Common 
Computing Environment and of which not less than $66,685,000 
shall be for Modernize and Innovate the Delivery of 
Agricultural Systems:  Provided, That the Secretary is 
authorized to use the services, facilities, and authorities 
(but not the funds) of the Commodity Credit Corporation to make 
program payments for all programs administered by the Agency:  
Provided further, That other funds made available to the Agency 
for authorized activities may be advanced to and merged with 
this account:  Provided further, That funds made available to 
county committees shall remain available until expended.

                         state mediation grants

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

               grassroots source water protection program

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

                        dairy indemnity program

                     (including transfer of funds)

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

           agricultural credit insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct 
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and 
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land 
acquisition loans (25 U.S.C. 488), boll weevil loans (7 U.S.C. 
1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.), 
and Indian highly fractionated land loans (25 U.S.C. 488) to be 
available from funds in the Agricultural Credit Insurance Fund, 
as follows: $1,500,000,000 for unsubsidized guaranteed farm 
ownership loans and $475,000,000 for farm ownership direct 
loans; $1,500,000,000 for unsubsidized guaranteed operating 
loans and $1,050,090,000 for direct operating loans; Indian 
tribe land acquisition loans, $2,000,000; guaranteed 
conservation loans, $150,000,000; Indian highly fractionated 
land loans, $10,000,000; and for boll weevil eradication 
program loans, $100,000,000:  Provided, That the Secretary 
shall deem the pink bollworm to be a boll weevil for the 
purpose of boll weevil eradication program loans.
    For the cost of direct and guaranteed loans and grants, 
including the cost of modifying loans as defined in section 502 
of the Congressional Budget Act of 1974, as follows: farm 
ownership, $22,800,000 for direct loans; farm operating loans, 
$26,100,000 for unsubsidized guaranteed operating loans, 
$59,120,000 for direct operating loans; and Indian highly 
fractionated land loans, $193,000.
    In addition, for administrative expenses necessary to carry 
out the direct and guaranteed loan programs, $297,632,000, of 
which $289,728,000 shall be transferred to and merged with the 
appropriation for ``Farm Service Agency, Salaries and 
Expenses''.
    Funds appropriated by this Act to the Agricultural Credit 
Insurance Program Account for farm ownership, operating and 
conservation direct loans and guaranteed loans may be 
transferred among these programs:  Provided, That the 
Committees on Appropriations of both Houses of Congress are 
notified at least 15 days in advance of any transfer.

                         Risk Management Agency

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

                              CORPORATIONS

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

                Federal Crop Insurance Corporation Fund

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

                   Commodity Credit Corporation Fund

                 reimbursement for net realized losses

                     (including transfers of funds)

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

                       hazardous waste management

                        (limitation on expenses)

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

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

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

                 Natural Resources Conservation Service

                        conservation operations

    For necessary expenses for carrying out the provisions of 
the Act of April 27, 1935 (16 U.S.C. 590a-f), including 
preparation of conservation plans and establishment of measures 
to conserve soil and water (including farm irrigation and land 
drainage and such special measures for soil and water 
management as may be necessary to prevent floods and the 
siltation of reservoirs and to control agricultural related 
pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of 
information; acquisition of lands, water, and interests therein 
for use in the plant materials program by donation, exchange, 
or purchase at a nominal cost not to exceed $100 pursuant to 
the Act of August 3, 1956 (7 U.S.C. 428a); purchase and 
erection or alteration or improvement of permanent and 
temporary buildings; and operation and maintenance of aircraft, 
$828,159,000, to remain available until September 30, 2013, of 
which $12,500,000 shall be for the Common Computing 
Environment:  Provided, That appropriations hereunder shall be 
available pursuant to 7 U.S.C. 2250 for construction and 
improvement of buildings and public improvements at plant 
materials centers, except that the cost of alterations and 
improvements to other buildings and other public improvements 
shall not exceed $250,000:  Provided further, That when 
buildings or other structures are erected on non-Federal land, 
that the right to use such land is obtained as provided in 7 
U.S.C. 2250a.

                    watershed rehabilitation program

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

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

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

                Rural Development Salaries and Expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration 
and implementation of programs in the Rural Development mission 
area, including activities with institutions concerning the 
development and operation of agricultural cooperatives; and for 
cooperative agreements; $182,023,000, of which $4,500,000 shall 
be for the Common Computing Environment:  Provided, That 
notwithstanding any other provision of law, funds appropriated 
under this heading may be used for advertising and promotional 
activities that support the Rural Development mission area:  
Provided further, That any balances available from prior years 
for the Rural Utilities Service, Rural Housing Service, and the 
Rural Business--Cooperative Service salaries and expenses 
accounts shall be transferred to and merged with this 
appropriation.

                         Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct 
and guaranteed loans as authorized by title V of the Housing 
Act of 1949, to be available from funds in the rural housing 
insurance fund, as follows: $900,000,000 shall be for direct 
loans and $24,000,000,000 shall be for unsubsidized guaranteed 
loans; $10,000,000 for section 504 housing repair loans; 
$64,478,000 for section 515 rental housing; $130,000,000 for 
section 538 guaranteed multi-family housing loans; $10,000,000 
for credit sales of single family housing acquired property; 
and $5,000,000 for section 523 self-help housing land 
development loans.
    For the cost of direct and guaranteed loans, including the 
cost of modifying loans, as defined in section 502 of the 
Congressional Budget Act of 1974, as follows: section 502 
loans, $42,570,000 shall be for direct loans; section 504 
housing repair loans, $1,421,000; and repair, rehabilitation, 
and new construction of section 515 rental housing, 
$22,000,000:  Provided, That the Secretary may charge a 
guarantee fee of up to 4 percent on section 502 guaranteed 
loans:  Provided further, That to support the loan program 
level for section 538 guaranteed loans made available under 
this heading the Secretary may charge or adjust any fees to 
cover the projected cost of such loan guarantees pursuant to 
the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 
et seq.), and the interest on such loans may not be subsidized: 
 Provided further, That of the total amount appropriated in 
this paragraph, the amount equal to the amount of Rural Housing 
Insurance Fund Program Account funds allocated by the Secretary 
for Rural Economic Area Partnership Zones for the fiscal year 
2011, shall be available through June 30, 2012, for communities 
designated by the Secretary of Agriculture as Rural Economic 
Area Partnership Zones.
    In addition, for the cost of direct loans, grants, and 
contracts, as authorized by 42 U.S.C. 1484 and 1486, 
$14,200,000, to remain available until expended, for direct 
farm labor housing loans and domestic farm labor housing grants 
and contracts:  Provided, That any balances available for the 
Farm Labor Program Account shall be transferred and merged with 
this account.
    In addition, for administrative expenses necessary to carry 
out the direct and guaranteed loan programs, $430,800,000 shall 
be transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

                       rental assistance program

    For rental assistance agreements entered into or renewed 
pursuant to the authority under section 521(a)(2) or agreements 
entered into in lieu of debt forgiveness or payments for 
eligible households as authorized by section 502(c)(5)(D) of 
the Housing Act of 1949, $904,653,000; and, in addition, such 
sums as may be necessary, as authorized by section 521(c) of 
the Act, to liquidate debt incurred prior to fiscal year 1992 
to carry out the rental assistance program under section 
521(a)(2) of the Act:  Provided, That of this amount not less 
than $1,500,000 is available for newly constructed units 
financed by section 515 of the Housing Act of 1949, and not 
less than $2,500,000 is for newly constructed units financed 
under sections 514 and 516 of the Housing Act of 1949:  
Provided further, That rental assistance agreements entered 
into or renewed during the current fiscal year shall be funded 
for a 1-year period:  Provided further, That any unexpended 
balances remaining at the end of such one-year agreements may 
be transferred and used for the purposes of any debt reduction; 
maintenance, repair, or rehabilitation of any existing 
projects; preservation; and rental assistance activities 
authorized under title V of the Act:  Provided further, That 
rental assistance provided under agreements entered into prior 
to fiscal year 2012 for a farm labor multi-family housing 
project financed under section 514 or 516 of the Act may not be 
recaptured for use in another project until such assistance has 
remained unused for a period of 12 consecutive months, if such 
project has a waiting list of tenants seeking such assistance 
or the project has rental assistance eligible tenants who are 
not receiving such assistance:  Provided further, That such 
recaptured rental assistance shall, to the extent practicable, 
be applied to another farm labor multi-family housing project 
financed under section 514 or 516 of the Act.

          multi-family housing revitalization program account

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

                  mutual and self-help housing grants

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

                    rural housing assistance grants

    For grants and contracts for very low-income housing 
repair, supervisory and technical assistance, compensation for 
construction defects, and rural housing preservation made by 
the Rural Housing Service, as authorized by 42 U.S.C. 1474, 
1479(c), 1490e, and 1490m, $33,136,000, to remain available 
until expended:  Provided, That of the total amount 
appropriated under this heading, the amount equal to the amount 
of Rural Housing Assistance Grants allocated by the Secretary 
for Rural Economic Area Partnership Zones for the fiscal year 
2011, shall be available through June 30, 2012, for communities 
designated by the Secretary of Agriculture as Rural Economic 
Area Partnership Zones.

               rural community facilities program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct 
and guaranteed loans as authorized by section 306 and described 
in section 381E(d)(1) of the Consolidated Farm and Rural 
Development Act, $1,300,000,000 for direct loans and 
$105,708,000 for guaranteed loans.
    For the cost of guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional 
Budget Act of 1974, $5,000,000, to remain available until 
expended.
    For the cost of grants for rural community facilities 
programs as authorized by section 306 and described in section 
381E(d)(1) of the Consolidated Farm and Rural Development Act, 
$24,291,000, to remain available until expended:  Provided, 
That $3,621,000 of the amount appropriated under this heading 
shall be available for a Rural Community Development 
Initiative:  Provided further, That such funds shall be used 
solely to develop the capacity and ability of private, 
nonprofit community-based housing and community development 
organizations, low-income rural communities, and Federally 
Recognized Native American Tribes to undertake projects to 
improve housing, community facilities, community and economic 
development projects in rural areas:  Provided further, That 
such funds shall be made available to qualified private, 
nonprofit and public intermediary organizations proposing to 
carry out a program of financial and technical assistance:  
Provided further, That such intermediary organizations shall 
provide matching funds from other sources, including Federal 
funds for related activities, in an amount not less than funds 
provided:  Provided further, That $5,938,000 of the amount 
appropriated under this heading shall be to provide grants for 
facilities in rural communities with extreme unemployment and 
severe economic depression (Public Law 106-387), with up to 5 
percent for administration and capacity building in the State 
rural development offices:  Provided further, That $3,369,000 
of the amount appropriated under this heading shall be 
available for community facilities grants to tribal colleges, 
as authorized by section 306(a)(19) of such Act:  Provided 
further, That of the amount appropriated under this heading, 
the amount equal to the amount of Rural Community Facilities 
Program Account funds allocated by the Secretary for Rural 
Economic Area Partnership Zones for the fiscal year 2011, shall 
be available through June 30, 2012, for communities designated 
by the Secretary of Agriculture as Rural Economic Area 
Partnership Zones for the rural community programs described in 
section 381E(d)(1) of the Consolidated Farm and Rural 
Development Act:  Provided further, That sections 381E-H and 
381N of the Consolidated Farm and Rural Development Act are not 
applicable to the funds made available under this heading.

                  Rural Business--Cooperative Service

                     rural business program account

                     (including transfers of funds)

    For the cost of loan guarantees and grants, for the rural 
business development programs authorized by sections 306 and 
310B and described in sections 310B(f) and 381E(d)(3) of the 
Consolidated Farm and Rural Development Act, $74,809,000, to 
remain available until expended:  Provided, That of the amount 
appropriated under this heading, not to exceed $500,000 shall 
be made available for a grant to a qualified national 
organization to provide technical assistance for rural 
transportation in order to promote economic development and 
$2,900,000 shall be for grants to the Delta Regional Authority 
(7 U.S.C. 2009aa et seq.) for any Rural Community Advancement 
Program purpose as described in section 381E(d) of the 
Consolidated Farm and Rural Development Act, of which not more 
than 5 percent may be used for administrative expenses:  
Provided further, That $4,000,000 of the amount appropriated 
under this heading shall be for business grants to benefit 
Federally Recognized Native American Tribes, including $250,000 
for a grant to a qualified national organization to provide 
technical assistance for rural transportation in order to 
promote economic development:  Provided further, That of the 
amount appropriated under this heading, the amount equal to the 
amount of Rural Business Program Account funds allocated by the 
Secretary for Rural Economic Area Partnership Zones for the 
fiscal year 2011, shall be available through June 30, 2012, for 
communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones for the rural business and 
cooperative development programs described in section 
381E(d)(3) of the Consolidated Farm and Rural Development Act:  
Provided further, That sections 381E-H and 381N of the 
Consolidated Farm and Rural Development Act are not applicable 
to funds made available under this heading.

              rural development loan fund program account

                     (including transfer of funds)

    For the principal amount of direct loans, as authorized by 
the Rural Development Loan Fund (42 U.S.C. 9812(a)), 
$17,710,000.
    For the cost of direct loans, $6,000,000, as authorized by 
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which 
$875,000 shall be available through June 30, 2012, for 
Federally Recognized Native American Tribes; and of which 
$1,750,000 shall be available through June 30, 2012, for 
Mississippi Delta Region counties (as determined in accordance 
with Public Law 100-460):  Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974:  Provided 
further, That of the total amount appropriated under this 
heading, the amount equal to the amount of Rural Development 
Loan Fund Program Account funds allocated by the Secretary for 
Rural Economic Area Partnership Zones for the fiscal year 2011, 
shall be available through June 30, 2012, for communities 
designated by the Secretary of Agriculture as Rural Economic 
Area Partnership Zones.
    In addition, for administrative expenses to carry out the 
direct loan programs, $4,684,000 shall be transferred to and 
merged with the appropriation for ``Rural Development, Salaries 
and Expenses''.

            rural economic development loans program account

                    (including rescission of funds)

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

                  rural cooperative development grants

    For rural cooperative development grants authorized under 
section 310B(e) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1932), $25,050,000, of which $2,250,000 shall be 
for cooperative agreements for the appropriate technology 
transfer for rural areas program:  Provided, That not to exceed 
$3,000,000 shall be for grants for cooperative development 
centers, individual cooperatives, or groups of cooperatives 
that serve socially disadvantaged groups and a majority of the 
boards of directors or governing boards of which are comprised 
of individuals who are members of socially disadvantaged 
groups; and of which $14,000,000, to remain available until 
expended, shall be for value-added agricultural product market 
development grants, as authorized by section 231 of the 
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note).

                    rural energy for america program

    For the cost of a program of loan guarantees and grants, 
under the same terms and conditions as authorized by section 
9007 of the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 8107), $3,400,000:  Provided, That the cost of loan 
guarantees, including the cost of modifying such loans, shall 
be as defined in section 502 of the Congressional Budget Act of 
1974.

                        Rural Utilities Service

             rural water and waste disposal program account

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants 
for the rural water, waste water, waste disposal, and solid 
waste management programs authorized by sections 306, 306A, 
306C, 306D, 306E, and 310B and described in sections 
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm 
and Rural Development Act, $513,000,000, to remain available 
until expended, of which not to exceed $497,000 shall be 
available for the rural utilities program described in section 
306(a)(2)(B) of such Act, and of which not to exceed $993,000 
shall be available for the rural utilities program described in 
section 306E of such Act:  Provided, That $66,500,000 of the 
amount appropriated under this heading shall be for loans and 
grants including water and waste disposal systems grants 
authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm 
and Rural Development Act, Federally recognized Native American 
Tribes authorized by 306C(a)(1), and the Department of Hawaiian 
Home Lands (of the State of Hawaii):  Provided further, That 
funding provided for section 306D of the Consolidated Farm and 
Rural Development Act may be provided to a consortium formed 
pursuant to section 325 of Public Law 105-83:  Provided 
further, That not more than 2 percent of the funding provided 
for section 306D of the Consolidated Farm and Rural Development 
Act may be used by the State of Alaska for training and 
technical assistance programs and not more than 2 percent of 
the funding provided for section 306D of the Consolidated Farm 
and Rural Development Act may be used by a consortium formed 
pursuant to section 325 of Public Law 105-83 for training and 
technical assistance programs:  Provided further, That not to 
exceed $19,000,000 of the amount appropriated under this 
heading shall be for technical assistance grants for rural 
water and waste systems pursuant to section 306(a)(14) of such 
Act, unless the Secretary makes a determination of extreme 
need, of which $5,750,000 shall be made available for a grant 
to a qualified non-profit multi-state regional technical 
assistance organization, with experience in working with small 
communities on water and waste water problems, the principal 
purpose of such grant shall be to assist rural communities with 
populations of 3,300 or less, in improving the planning, 
financing, development, operation, and management of water and 
waste water systems, and of which not less than $800,000 shall 
be for a qualified national Native American organization to 
provide technical assistance for rural water systems for tribal 
communities:  Provided further, That not to exceed $15,000,000 
of the amount appropriated under this heading shall be for 
contracting with qualified national organizations for a circuit 
rider program to provide technical assistance for rural water 
systems:  Provided further, That not to exceed $3,400,000 shall 
be for solid waste management grants:  Provided further, That 
of the amount appropriated under this heading, the amount equal 
to the amount of Rural Water and Waste Disposal Program Account 
funds allocated by the Secretary for Rural Economic Area 
Partnership Zones for the fiscal year 2011, shall be available 
through June 30, 2012, for communities designated by the 
Secretary of Agriculture as Rural Economic Area Partnership 
Zones for the rural utilities programs described in section 
381E(d)(2) of the Consolidated Farm and Rural Development Act:  
Provided further, That $9,500,000 of the amount appropriated 
under this heading shall be transferred to, and merged with, 
the Rural Utilities Service, High Energy Cost Grants Account to 
provide grants authorized under section 19 of the Rural 
Electrification Act of 1936 (7 U.S.C. 918a):  Provided further, 
That any prior year balances for high energy cost grants 
authorized by section 19 of the Rural Electrification Act of 
1936 (7 U.S.C. 918a) shall be transferred to and merged with 
the Rural Utilities Service, High Energy Cost Grants Account:  
Provided further, That sections 381E-H and 381N of the 
Consolidated Farm and Rural Development Act are not applicable 
to the funds made available under this heading.

   rural electrification and telecommunications loans program account

                     (including transfer of funds)

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

         distance learning, telemedicine, and broadband program

    For the principal amount of broadband telecommunication 
loans, $212,014,000.
    For grants for telemedicine and distance learning services 
in rural areas, as authorized by 7 U.S.C. 950aaa et seq., 
$21,000,000, to remain available until expended:  Provided, 
That $3,000,000 shall be made available for grants authorized 
by 379G of the Consolidated Farm and Rural Development Act: 
Provided further, That funding provided under this heading for 
grants under 379G of the Consolidated Farm and Rural 
Development Act may only be provided to entities that meet all 
of the eligibility criteria for a consortium as established by 
this section:  Provided further, That $3,000,000 shall be made 
available to those noncommercial educational television 
broadcast stations that serve rural areas and are qualified for 
Community Service Grants by the Corporation for Public 
Broadcasting under section 396(k) of the Communications Act of 
1934, including associated translators and repeaters, 
regardless of the location of their main transmitter, studio-
to-transmitter links, and equipment to allow local control over 
digital content and programming through the use of high 
definition broadcast, multi-casting and datacasting 
technologies.
    For the cost of broadband loans, as authorized by section 
601 of the Rural Electrification Act, $6,000,000, to remain 
available until expended:  Provided, That the cost of direct 
loans shall be as defined in section 502 of the Congressional 
Budget Act of 1974.
    In addition, $10,372,000, to remain available until 
expended, for a grant program to finance broadband transmission 
in rural areas eligible for Distance Learning and Telemedicine 
Program benefits authorized by 7 U.S.C. 950aaa.
    

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

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

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

    For necessary expenses to carry out the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et seq.), except 
section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 
et seq.), except sections 17 and 21; $18,151,176,000, to remain 
available through September 30, 2013, of which such sums as are 
made available under section 14222(b)(1) of the Food, 
Conservation, and Energy Act of 2008 (Public Law 110-246), as 
amended by this Act, shall be merged with and available for the 
same time period and purposes as provided herein:  Provided, 
That of the total amount available, $16,516,000 shall be 
available to carry out section 19 of the Child Nutrition Act of 
1966 (42 U.S.C. 1771 et seq.):  Provided further, That of the 
total amount available, $1,000,000 shall be available to 
implement section 23 of the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq):  Provided further, That section 
14222(b)(1) of the Food, Conservation, and Energy Act of 2008 
is amended by adding at the end before the period, ``except 
section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 
et seq.), except sections 17 and 21''.

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

    For necessary expenses to carry out the special 
supplemental nutrition program as authorized by section 17 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786), 
$6,618,497,000, to remain available through September 30, 2013: 
 Provided, That notwithstanding section 17(h)(10) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), of the amounts 
made available under this heading, only the provisions of 
section 17(h)(10)(B)(iii) shall be effective in fiscal year 
2012 (excluding performance bonus payments), for which not less 
than $60,000,000 shall be used for breast-feeding peer 
counselors and other related activities:  Provided further, 
That funds made available for the purposes specified in section 
17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall only be made 
available upon a determination by the Secretary that funds are 
available to meet caseload requirements without the use of the 
contingency reserve funds:  Provided further, That none of the 
funds provided in this account shall be available for the 
purchase of infant formula except in accordance with the cost 
containment and competitive bidding requirements specified in 
section 17 of such Act:  Provided further, That none of the 
funds provided shall be available for activities that are not 
fully reimbursed by other Federal Government departments or 
agencies unless authorized by section 17 of such Act.

               supplemental nutrition assistance program

    For necessary expenses to carry out the Food and Nutrition 
Act of 2008 (7 U.S.C. 2011 et seq.), $80,401,722,000, of which 
$3,000,000,000, to remain available through September 30, 2013, 
shall be placed in reserve for use only in such amounts and at 
such times as may become necessary to carry out program 
operations:  Provided, That funds provided herein shall be 
expended in accordance with section 16 of the Food and 
Nutrition Act of 2008:  Provided further, That of the funds 
made available under this heading, $1,000,000 may be used to 
provide nutrition education services to state agencies and 
Federally recognized tribes participating in the Food 
Distribution Program on Indian Reservations:  Provided further, 
That this appropriation shall be subject to any work 
registration or workfare requirements as may be required by 
law:  Provided further, That funds made available for 
Employment and Training under this heading shall remain 
available until expended, notwithstanding section 16(h)(1) of 
the Food and Nutrition Act of 2008:  Provided further, That 
funds made available under this heading may be used to enter 
into contracts and employ staff to conduct studies, 
evaluations, or to conduct activities related to program 
integrity provided that such activities are authorized by the 
Food and Nutrition Act of 2008.

                      commodity assistance program

    For necessary expenses to carry out disaster assistance and 
the Commodity Supplemental Food Program as authorized by 
section 4(a) of the Agriculture and Consumer Protection Act of 
1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of 
1983; special assistance for the nuclear affected islands, as 
authorized by section 103(f)(2) of the Compact of Free 
Association Amendments Act of 2003 (Public Law 108-188); and 
the Farmers' Market Nutrition Program, as authorized by section 
17(m) of the Child Nutrition Act of 1966, $242,336,000, to 
remain available through September 30, 2013:  Provided, That 
none of these funds shall be available to reimburse the 
Commodity Credit Corporation for commodities donated to the 
program:  Provided further, That notwithstanding any other 
provision of law, effective with funds made available in fiscal 
year 2012 to support the Seniors Farmers' Market Nutrition 
Program, as authorized by section 4402 of the Farm Security and 
Rural Investment Act of 2002, such funds shall remain available 
through September 30, 2013:  Provided further, That of the 
funds made available under section 27(a) of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Secretary may use 
up to 10 percent for costs associated with the distribution of 
commodities.

                   nutrition programs administration

    For necessary administrative expenses of the Food and 
Nutrition Service for carrying out any domestic nutrition 
assistance program, $138,500,000:  Provided, That $2,000,000 
shall be used for the purposes of section 4404 of Public Law 
107-171, as amended by section 4401 of Public Law 110-246.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                         salaries and expenses

                     (including transfers of funds)

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

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

                     (including transfers of funds)

    For administrative expenses to carry out the credit program 
of title I, Food for Peace Act (Public Law 83-480) and the Food 
for Progress Act of 1985, $2,500,000, shall be transferred to 
and merged with the appropriation for ``Farm Service Agency, 
Salaries and Expenses'':  Provided, That funds made available 
for the cost of agreements under title I of the Agricultural 
Trade Development and Assistance Act of 1954 and for title I 
ocean freight differential may be used interchangeably between 
the two accounts with prior notice to the Committees on 
Appropriations of both Houses of Congress.

                     food for peace title ii grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including 
interest thereon, under the Food for Peace Act (Public Law 83-
480, as amended), for commodities supplied in connection with 
dispositions abroad under title II of said Act, $1,466,000,000, 
to remain available until expended.

 commodity credit corporation export (loans) credit guarantee program 
                                account

                     (including transfers of funds)

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

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

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for 
payment of space rental and related costs pursuant to Public 
Law 92-313 for programs and activities of the Food and Drug 
Administration which are included in this Act; for rental of 
special purpose space in the District of Columbia or elsewhere; 
for miscellaneous and emergency expenses of enforcement 
activities, authorized and approved by the Secretary and to be 
accounted for solely on the Secretary's certificate, not to 
exceed $25,000; and notwithstanding section 521 of Public Law 
107-188; $3,788,336,000:  Provided, That of the amount provided 
under this heading, $702,172,000 shall be derived from 
prescription drug user fees authorized by 21 U.S.C. 379h shall 
be credited to this account and remain available until 
expended, and shall not include any fees pursuant to 21 U.S.C. 
379h(a)(2) and (a)(3) assessed for fiscal year 2013 but 
collected in fiscal year 2012; $57,605,000 shall be derived 
from medical device user fees authorized by 21 U.S.C. 379j, and 
shall be credited to this account and remain available until 
expended; $21,768,000 shall be derived from animal drug user 
fees authorized by section 740 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 379j-12), and shall be credited to this 
account and remain available until expended; $5,706,000 shall 
be derived from animal generic drug user fees authorized by 
section 741 of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 379j-21), and shall be credited to this account and 
shall remain available until expended; $477,000,000 shall be 
derived from tobacco product user fees authorized by 21 U.S.C. 
387s and shall be credited to this account and remain available 
until expended; $12,364,000 shall be derived from food and feed 
recall fees authorized by section 743 of the Federal Food, 
Drug, and Cosmetic Act (Public Law 75-717), as amended by the 
Food Safety Modernization Act (Public Law 111-353), and shall 
be credited to this account and remain available until 
expended; $14,700,000 shall be derived from food reinspection 
fees authorized by section 743 of the Federal Food, Drug, and 
Cosmetic Act (Public Law 75-717), as amended by the Food Safety 
Modernization Act (Public Law 111-353), and shall be credited 
to this account and remain available until expended; and 
amounts derived from voluntary qualified importer program fees 
authorized by section 743 of the Federal Food, Drug, and 
Cosmetic Act (Public Law 75-717), as amended by the Food Safety 
Modernization Act (Public Law 111-353), and shall be credited 
to this account and remain available until expended:  Provided 
further, That in addition and notwithstanding any other 
provision under this heading, amounts collected for 
prescription drug user fees that exceed the fiscal year 2012 
limitation are appropriated and shall be credited to this 
account and remain available until expended:  Provided further, 
That fees derived from prescription drug, medical device, 
animal drug, animal generic drug, and tobacco product 
assessments for fiscal year 2012 received during fiscal year 
2012, including any such fees assessed prior to fiscal year 
2012 but credited for fiscal year 2012, shall be subject to the 
fiscal year 2012 limitations:  Provided further, That none of 
these funds shall be used to develop, establish, or operate any 
program of user fees authorized by 31 U.S.C. 9701:  Provided 
further, That of the total amount appropriated: (1) 
$882,747,000 shall be for the Center for Food Safety and 
Applied Nutrition and related field activities in the Office of 
Regulatory Affairs; (2) $978,705,000 shall be for the Center 
for Drug Evaluation and Research and related field activities 
in the Office of Regulatory Affairs, of which no less than 
$52,947,000 shall be available for the Office of Generic Drugs; 
(3) $329,136,000 shall be for the Center for Biologics 
Evaluation and Research and for related field activities in the 
Office of Regulatory Affairs; (4) $166,365,000 shall be for the 
Center for Veterinary Medicine and for related field activities 
in the Office of Regulatory Affairs; (5) $356,909,000 shall be 
for the Center for Devices and Radiological Health and for 
related field activities in the Office of Regulatory Affairs; 
(6) $60,039,000 shall be for the National Center for 
Toxicological Research; (7) $454,751,000 shall be for the 
Center for Tobacco Products and for related field activities in 
the Office of Regulatory Affairs; (8) not to exceed 
$131,639,000 shall be for Rent and Related activities, of which 
$43,981,000 is for White Oak Consolidation, other than the 
amounts paid to the General Services Administration for rent; 
(9) not to exceed $205,472,000 shall be for payments to the 
General Services Administration for rent; and (10) $222,573,000 
shall be for other activities, including the Office of the 
Commissioner of Food and Drugs, the Office of Foods, the Office 
of Medical and Tobacco Products, the Office of Global and 
Regulatory Policy, the Office of Operations, the Office of the 
Chief Scientist, and central services for these offices:  
Provided further, That not to exceed $25,000 of this amount 
shall be for official reception and representation expenses, 
not otherwise provided for, as determined by the Commissioner:  
Provided further, That funds may be transferred from one 
specified activity to another with the prior approval of the 
Committees on Appropriations of both Houses of Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 
263b, export certification user fees authorized by 21 U.S.C. 
381, and priority review user fees authorized by 21 U.S.C. 360n 
may be credited to this account, to remain available until 
expended.

                        buildings and facilities

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

                          INDEPENDENT AGENCIES

                  commodity futures trading commission

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

                       Farm Credit Administration

                 limitation on administrative expenses

    Not to exceed $61,000,000 (from assessments collected from 
farm credit institutions, including the Federal Agricultural 
Mortgage Corporation) shall be obligated during the current 
fiscal year for administrative expenses as authorized under 12 
U.S.C. 2249:  Provided, That this limitation shall not apply to 
expenses associated with receiverships.

                               TITLE VII

                           GENERAL PROVISIONS

             (including rescissions and transfers of funds)

    Sec. 701.  Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of 
Agriculture for the current fiscal year under this Act shall be 
available for the purchase, in addition to those specifically 
provided for, of not to exceed 204 passenger motor vehicles of 
which 170 shall be for replacement only, and for the hire of 
such vehicles:  Provided, That notwithstanding this section, 
the only purchase of new passenger vehicles shall be for those 
determined by the Secretary to be necessary for transportation 
safety, to reduce operational costs, and for the protection of 
life, property, and public safety.
    Sec. 702.  The Secretary of Agriculture may transfer 
unobligated balances of discretionary funds appropriated by 
this Act or other available unobligated discretionary balances 
of the Department of Agriculture to the Working Capital Fund 
for the acquisition of plant and capital equipment necessary 
for the delivery of financial, administrative, and information 
technology services of primary benefit to the agencies of the 
Department of Agriculture:  Provided, That none of the funds 
made available by this Act or any other Act shall be 
transferred to the Working Capital Fund without the prior 
approval of the agency administrator:  Provided further, That 
none of the funds transferred to the Working Capital Fund 
pursuant to this section shall be available for obligation 
without written notification to and the prior approval of the 
Committees on Appropriations of both Houses of Congress:  
Provided further, That none of the funds appropriated by this 
Act or made available to the Department's Working Capital Fund 
shall be available for obligation or expenditure to make any 
changes to the Department's National Finance Center without 
written notification to and prior approval of the Committees on 
Appropriations of both Houses of Congress as required by 
section 711 of this Act:  Provided further, That of annual 
income amounts in the Working Capital Fund of the Department of 
Agriculture allocated for the National Finance Center, the 
Secretary may reserve not more than 4 percent for the 
replacement or acquisition of capital equipment, including 
equipment for the improvement and implementation of a financial 
management plan, information technology, and other systems of 
the National Finance Center or to pay any unforeseen, 
extraordinary cost of the National Finance Center:  Provided 
further, That none of the amounts reserved shall be available 
for obligation unless the Secretary submits written 
notification of the obligation to the Committees on 
Appropriations of the House of Representatives and the Senate:  
Provided further, That the limitation on the obligation of 
funds pending notification to Congressional Committees shall 
not apply to any obligation that, as determined by the 
Secretary, is necessary to respond to a declared state of 
emergency that significantly impacts the operations of the 
National Finance Center; or to evacuate employees of the 
National Finance Center to a safe haven to continue operations 
of the National Finance Center.
    Sec. 703.  No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 704.  No funds appropriated by this Act may be used to 
pay negotiated indirect cost rates on cooperative agreements or 
similar arrangements between the United States Department of 
Agriculture and nonprofit institutions in excess of 10 percent 
of the total direct cost of the agreement when the purpose of 
such cooperative arrangements is to carry out programs of 
mutual interest between the two parties. This does not preclude 
appropriate payment of indirect costs on grants and contracts 
with such institutions when such indirect costs are computed on 
a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 705.  Appropriations to the Department of Agriculture 
for the cost of direct and guaranteed loans made available in 
the current fiscal year shall remain available until expended 
to disburse obligations made in the current fiscal year for the 
following accounts: the Rural Development Loan Fund program 
account, the Rural Electrification and Telecommunication Loans 
program account, and the Rural Housing Insurance Fund program 
account.
    Sec. 706.  Hereafter, none of the funds appropriated by 
this Act may be used to carry out section 410 of the Federal 
Meat Inspection Act (21 U.S.C. 679a) or section 30 of the 
Poultry Products Inspection Act (21 U.S.C. 471).
    Sec. 707.  None of the funds made available to the 
Department of Agriculture by this Act may be used to acquire 
new information technology systems or significant upgrades, as 
determined by the Office of the Chief Information Officer, 
without the approval of the Chief Information Officer and the 
concurrence of the Executive Information Technology Investment 
Review Board:  Provided, That notwithstanding any other 
provision of law, none of the funds appropriated or otherwise 
made available by this Act may be transferred to the Office of 
the Chief Information Officer without written notification to 
and the prior approval of the Committees on Appropriations of 
both Houses of Congress:  Provided further, That none of the 
funds available to the Department of Agriculture for 
information technology shall be obligated for projects over 
$25,000 prior to receipt of written approval by the Chief 
Information Officer.
    Sec. 708.  Funds made available under section 1240I and 
section 1241(a) of the Food Security Act of 1985 and section 
524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in 
the current fiscal year shall remain available until expended 
to disburse obligations made in the current fiscal year.
    Sec. 709.  Notwithstanding any other provision of law, any 
former RUS borrower that has repaid or prepaid an insured, 
direct or guaranteed loan under the Rural Electrification Act 
of 1936, or any not-for-profit utility that is eligible to 
receive an insured or direct loan under such Act, shall be 
eligible for assistance under section 313(b)(2)(B) of such Act 
in the same manner as a borrower under such Act.
    Sec. 710.  Notwithstanding any other provision of law, for 
the purposes of a grant under section 412 of the Agricultural 
Research, Extension, and Education Reform Act of 1998, none of 
the funds in this or any other Act may be used to prohibit the 
provision of in-kind support from non-Federal sources under 
section 412(e)(3) of such Act in the form of unrecovered 
indirect costs not otherwise charged against the grant, 
consistent with the indirect rate of cost approved for a 
recipient.
    Sec. 711.  Except as otherwise specifically provided by 
law, unobligated balances remaining available at the end of the 
fiscal year from appropriations made available for salaries and 
expenses in this Act for the Farm Service Agency and the Rural 
Development mission area, shall remain available through 
September 30, 2013, for information technology expenses.
    Sec. 712.  The Secretary of Agriculture may authorize a 
State agency to use funds provided in this Act to exceed the 
maximum amount of liquid infant formula specified in 7 C.F.R. 
246.10 when issuing liquid infant formula to participants.
    Sec. 713.  None of the funds appropriated or otherwise made 
available by this Act may be used for first-class travel by the 
employees of agencies funded by this Act in contravention of 
sections 301-10.122 through 301-10.124 of title 41, Code of 
Federal Regulations.
    Sec. 714.  In the case of each program established or 
amended by the Food, Conservation, and Energy Act of 2008 
(Public Law 110-246), other than by title I or subtitle A of 
title III of such Act, that is authorized or required to be 
carried out using funds of the Commodity Credit Corporation--
            (1) such funds shall be available for salaries and 
        related administrative expenses, including technical 
        assistance, associated with the implementation of the 
        program, without regard to the limitation on the total 
        amount of allotments and fund transfers contained in 
        section 11 of the Commodity Credit Corporation Charter 
        Act (15 U.S.C. 714i); and
            (2) the use of such funds for such purpose shall 
        not be considered to be a fund transfer or allotment 
        for purposes of applying the limitation on the total 
        amount of allotments and fund transfers contained in 
        such section.
    Sec. 715.  Notwithstanding any other provision of law, the 
requirements pursuant to 7 U.S.C. 1736f(e)(1) may be waived for 
any amounts higher than those specified under this authority 
for fiscal year 2010.
    Sec. 716. (a) Clause (ii) of section 524(b)(4)(B) of the 
Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is 
amended--
            (1) in the heading, by striking ``fiscal years 2008 
        through 2012'' and inserting ``certain fiscal years''; 
        and
            (2) in the text, by striking ``2012'' and inserting 
        ``2014''.
    (b) Section 1238E(a) of the Food Security Act of 1985 (16 
U.S.C. 3838e(a)) is amended by striking ``2012'' and inserting 
``2014''.
    (c) Section 1240B(a) of the Food Security Act of 1985 (16 
U.S.C. 3839aa-2(a)) is amended by striking ``2012'' and 
inserting ``2014''.
    (d) Section 1241(a)(6)(E) of the Food Security Act of 1985 
(16 U.S.C. 3841(a)(6)(E)) is amended by striking ``fiscal year 
2012'' and inserting ``each of fiscal years 2012 through 
2014''.
    (e) Section 1241(a) of the Food Security Act of 1985 (16 
U.S.C. 3841(a)) is amended--
            (1) in the matter preceding paragraph (1), by 
        striking ``2012,'' and inserting ``2012 (and fiscal 
        year 2014 in the case of the programs specified in 
        paragraphs (3)(B), (4), (6), and (7)),''; and
            (2) in paragraph (4)(E), by striking ``fiscal year 
        2012'' and inserting ``each of fiscal years 2012 
        through 2014''.
    (f) Section 1241(a)(7)(D) of the Food Security Act of 1985 
(16 U.S.C. 3841(a)(7)(D)) is amended by striking ``2012'' and 
inserting ``2014''.
    Sec. 717.  Appropriations to the Department of Agriculture 
made available in fiscal years 2005, 2006, and 2007 to carry 
out section 601 of the Rural Electrification Act of 1936 (7 
U.S.C. 950bb) for the cost of direct loans shall remain 
available until expended to disburse valid obligations.
    Sec. 718.  None of the funds made available in fiscal year 
2012 or preceding fiscal years for programs authorized under 
the Food for Peace Act (7 U.S.C. 1691 et seq.) in excess of 
$20,000,000 shall be used to reimburse the Commodity Credit 
Corporation for the release of eligible commodities under 
section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act 
(7 U.S.C. 1736f-1):  Provided, That any such funds made 
available to reimburse the Commodity Credit Corporation shall 
only be used pursuant to section 302(b)(2)(B)(i) of the Bill 
Emerson Humanitarian Trust Act.
    Sec. 719.  Of the funds made available by this Act, not 
more than $1,800,000 shall be used to cover necessary expenses 
of activities related to all advisory committees, panels, 
commissions, and task forces of the Department of Agriculture, 
except for panels used to comply with negotiated rule makings 
and panels used to evaluate competitively awarded grants.
    Sec. 720.  None of the funds in this Act shall be available 
to pay indirect costs charged against any agricultural 
research, education, or extension grant awards issued by the 
National Institute of Food and Agriculture that exceed 30 
percent of total Federal funds provided under each award:  
Provided, That notwithstanding section 1462 of the National 
Agricultural Research, Extension, and Teaching Policy Act of 
1977 (7 U.S.C. 3310), funds provided by this Act for grants 
awarded competitively by the National Institute of Food and 
Agriculture shall be available to pay full allowable indirect 
costs for each grant awarded under section 9 of the Small 
Business Act (15 U.S.C. 638).
    Sec. 721.  None of the funds made available by this or any 
other Act may be used to write, prepare, or publish a final 
rule or an interim final rule in furtherance of, or otherwise 
to implement, ``Implementation of Regulations Required Under 
Title XI of the Food, Conservation and Energy Act of 2008; 
Conduct in Violation of the Act'' (75 Fed. Reg. 35338 (June 22, 
2010)) unless the combined annual cost to the economy of such 
rules do not exceed $100,000,000:  Provided, That no funds be 
made available by this or any other Act to publish a final or 
interim final rule in furtherance of, or otherwise implement, 
proposed sections 201.2(l), 201.2(t), 201.2(u), 201.3(c), 
201.210, 201.211, 201.213, or 201.214 of ``Implementation of 
Regulations Required Under Title XI of the Food, Conservation 
and Energy Act of 2008; Conduct in Violation of the Act'' (75 
Fed. Reg. 35338 (June 22, 2010)):  Provided further, That such 
rules must be published in the Federal Register no later than 
December 9, 2011:  Provided further, That none of the funds 
made available by this or any other Act may be used to 
implement such rules until 60 days from the publication date of 
such rules, and only unless such rules are otherwise in 
compliance with this section.
    Sec. 722.  Any unobligated funds included under Treasury 
symbol codes 12X3336, 12X2268, 12X0132, 12X2271, 12X2277, 
12X1404, 12X1501, and 12X1336 are hereby rescinded.
    Sec. 723.  Of the unobligated balances provided pursuant to 
section 16(h)(1)(A) of the Food and Nutrition Act of 2008, 
$11,000,000 are hereby rescinded.
    Sec. 724.  There is hereby appropriated $1,996,000 to carry 
out section 1621 of Public Law 110-246.
    Sec. 725.  Subject to authorization by the Congress, the 
Secretary may reserve, through April 1, 2012, up to 5 percent 
of the funding available for the following items for projects 
in areas that are engaged in strategic regional development 
planning as defined by the Secretary: business and industry 
guaranteed loans; rural development loan fund; rural business 
enterprise grants; rural business opportunity grants; rural 
economic development program; rural microenterprise program; 
biorefinery assistance program; rural energy for America 
program; value-added producer grants; broadband program; water 
and waste program; and rural community facilities program.
    Sec. 726.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to carry out the following:
            (1) The Conservation Stewardship Program authorized 
        by sections 1238D-1238G of the Food Security of Act 
        1985 (16 U.S.C. 3838d-3838g) in excess of $768,484,000;
            (2) The Watershed Rehabilitation program authorized 
        by section 14(h) of the Watershed Protection and Flood 
        Prevention Act (16 U.S.C. 1012(h));
            (3) The Environmental Quality Incentives Program as 
        authorized by sections 1240-1240H of the Food Security 
        Act of 1985 (16 U.S.C. 3839aa-3839aa-8) in excess of 
        $1,400,000,000;
            (4) The Farmland Protection Program as authorized 
        by section 1238I of the Food Security Act of 1985 (16 
        U.S.C. 3838i) in excess of $150,000,000;
            (5) The Grassland Reserve Program as authorized by 
        sections 1238O-1238Q of the Food Security Act of 1985 
        (16 U.S.C. 3838o-3838q) in excess of 209,000 acres in 
        fiscal year 2012;
            (6) The Wetlands Reserve Program authorized by 
        sections 1237-1237F of the Food Security Act of 1985 
        (16 U.S.C. 3837-3837f) to enroll in excess of 185,800 
        acres in fiscal year 2012;
            (7) The Wildlife Habitat Incentives Act authorized 
        by section 1240N of the Food Security Act of 1985 (16 
        U.S.C. 3839bb-1)) in excess of $50,000,000;
            (8) The Voluntary Public Access and Habitat 
        Incentives Program authorized by section 1240R of the 
        Food Security Act of 1985 (16 U.S.C. 3839bb-5);
            (9) The Bioenergy Program for Advanced Biofuels 
        authorized by section 9005 of the Farm Security and 
        Rural Investment Act of 2002 (7 U.S.C. 8105) in excess 
        of $65,000,000;
            (10) The Rural Energy for America Program 
        authorized by section 9007 of the Farm Security and 
        Rural Investment Act of 2002 (7 U.S.C. 8107) in excess 
        of $22,000,000;
            (11) The Rural Microentrepreneur Assistance Program 
        authorized by section 6022 of the Farm Security and 
        Rural Investment Act of 2002 (7 U.S.C. 2008s);
            (12) Section 508(d)(3) of the Federal Crop 
        Insurance Act (7 U.S.C. 1508(d)(3)) to provide a 
        performance-based premium discount in the crop 
        insurance program;
            (13) Agricultural Management Assistance Program as 
        authorized by section 524 of the Federal Crop Insurance 
        Act, as amended (7 U.S.C. 1524) in excess of $2,500,000 
        for the Natural Resources Conservation Service;
            (14) The Biomass Crop Assistance Program authorized 
        by section 9011 of the Farm Security and Rural 
        Investment Act of 2002 (7 U.S.C. 8111) in excess of 
        $17,000,000 in new obligational authority; and
            (15) A program under subsection (b)(2)(A)(iv) of 
        section 14222 of Public Law 110-246 in excess of 
        $948,000,000, as follows: Child Nutrition Programs 
        Entitlement Commodities--$465,000,000; State Option 
        Contracts--$5,000,000; Removal of Defective 
        Commodities--$2,500,000:  Provided, That none of the 
        funds made available in this Act or any other Act shall 
        be used for salaries and expenses to carry out section 
        19(i)(1)(E) of the Richard B. Russell National School 
        Lunch Act as amended by section 4304 of Public Law 110-
        246 in excess of $20,000,000, including the transfer of 
        funds under subsection (c) of section 14222 of Public 
        Law 110-246, until October 1, 2012:  Provided further, 
        That $133,000,000 made available on October 1, 2012, to 
        carry out section 19(i)(1)(E) of the Richard B. Russell 
        National School Lunch Act as amended by section 4304 of 
        Public Law 110-246 shall be excluded from the 
        limitation described in subsection (b)(2)(A)(v) of 
        section 14222 of Public Law 110-246:  Provided further, 
        That none of the funds appropriated or otherwise made 
        available by this or any other Act shall be used to pay 
        the salaries or expenses of any employee of the 
        Department of Agriculture or officer of the Commodity 
        Credit Corporation to carry out clause 3 of section 32 
        of the Agricultural Adjustment Act of 1935 (Public Law 
        74-320, 7 U.S.C. 612c, as amended), or for any surplus 
        removal activities or price support activities under 
        section 5 of the Commodity Credit Corporation Charter 
        Act:  Provided further, That of the available 
        unobligated balances under (b)(2)(A)(iv) of section 
        14222 of Public Law 110-246, $150,000,000 are hereby 
        rescinded.
    Sec. 727.  There is hereby appropriated $600,000 to the 
Farm Service Agency to carry out a pilot program to demonstrate 
the use of new technologies that increase the rate of growth of 
re-forested hardwood trees on private nonindustrial forests 
lands, enrolling lands on the coast of the Gulf of Mexico that 
were damaged by Hurricane Katrina in 2005.
    Sec. 728.  None of the funds appropriated by this or any 
other Act shall be used to pay the salaries and expenses of 
personnel who prepare or submit appropriations language as part 
of the President's Budget submission to the Congress of the 
United States for programs under the jurisdiction of the 
Appropriations Subcommittees on Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies that assumes 
revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior 
to the submission of the Budget unless such Budget submission 
identifies which additional spending reductions should occur in 
the event the user fees proposals are not enacted prior to the 
date of the convening of a committee of conference for the 
fiscal year 2013 appropriations Act.
    Sec. 729.  The funds made available in Public Law 111-344 
through February 12, 2012 for trade adjustment for farmers are 
hereby rescinded.
    Sec. 730. (a) None of the funds provided by this Act, or 
provided by previous Appropriations Acts to the agencies funded 
by this Act that remain available for obligation or expenditure 
in the current fiscal year, or provided from any accounts in 
the Treasury of the United States derived by the collection of 
fees available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a reprogramming 
of funds, or in the case of the Department of Agriculture, 
through use of the authority provided by section 702(b) of the 
Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) 
or section 8 of Public Law 89-106 (7 U.S.C. 2263), that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for 
        any project or activity for which funds have been 
        denied or restricted;
            (4) relocates an office or employees;
            (5) reorganizes offices, programs, or activities; 
        or
            (6) contracts out or privatizes any functions or 
        activities presently performed by Federal employees;

unless the Secretary of Agriculture, the Secretary of Health 
and Human Services, or the Chairman of the Commodity Futures 
Trading Commission (as the case may be) notifies, in writing, 
the Committees on Appropriations of both Houses of Congress at 
least 30 days in advance of the reprogramming of such funds or 
the use of such authority.
    (b) None of the funds provided by this Act, or provided by 
previous Appropriations Acts to the agencies funded by this Act 
that remain available for obligation or expenditure in the 
current fiscal year, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be 
available for obligation or expenditure for activities, 
programs, or projects through a reprogramming or use of the 
authorities referred to in subsection (a) involving funds in 
excess of $500,000 or 10 percent, whichever is less, that--
            (1) augments existing programs, projects, or 
        activities;
            (2) reduces by 10 percent funding for any existing 
        program, project, or activity, or numbers of personnel 
        by 10 percent as approved by Congress; or
            (3) results from any general savings from a 
        reduction in personnel which would result in a change 
        in existing programs, activities, or projects as 
        approved by Congress; unless the Secretary of 
        Agriculture, the Secretary of Health and Human 
        Services, or the Chairman of the Commodity Futures 
        Trading Commission (as the case may be) notifies, in 
        writing, the Committees on Appropriations of both 
        Houses of Congress at least 30 days in advance of the 
        reprogramming of such funds or the use of such 
        authority.
    (c) The Secretary of Agriculture, the Secretary of Health 
and Human Services, or the Chairman of the Commodity Futures 
Trading Commission shall notify in writing the Committees on 
Appropriations of both Houses of Congress before implementing 
any program or activity not carried out during the previous 
fiscal year unless the program or activity is funded by this 
Act or specifically funded by any other Act.
    (d) As described in this section, no funds may be used for 
any activities unless the Secretary of Agriculture, the 
Secretary of Health and Human Services or the Chairman of the 
Commodity Futures Trading Commission receives from the 
Committee on Appropriations of both Houses of Congress written 
or electronic mail confirmation of receipt of the notification 
as required in this section.
    Sec. 731.  Notwithstanding section 310B(g)(5) of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 
1932(g)(5)), the Secretary may assess a one-time fee for any 
guaranteed business and industry loan in an amount that does 
not exceed 3 percent of the guaranteed principal portion of the 
loan.
    Sec. 732. (a) Closure and Conveyance of Agricultural 
Research Service Facilities.--The Secretary of Agriculture may 
close up to 10 facilities of the Agricultural Research Service, 
as proposed in the budget of the President for fiscal year 2012 
submitted to Congress pursuant to section 1105 of title 31, 
United States Code.
    (b) Conveyance Authority.--With respect to an Agricultural 
Research Service facility to be closed pursuant to subsection 
(a), the Secretary of Agriculture may convey, with or without 
consideration, all right, title, and interest of the United 
States in and to any real property, including improvements and 
equipment thereon, of the facility to an eligible entity 
specified in subsection (c). If the Agricultural Research 
Service facility consists of more than one parcel of real 
property, the Secretary may convey each parcel separately and 
to different eligible entities.
    (c) Entities.--The following entities are eligible to 
receive real property under subsection (b):
            (1) Land-grant colleges and universities (as 
        defined in section 1404(13) of the National 
        Agricultural Research, Extension, and Teaching Policy 
        Act of 1977 (7 U.S.C. 3103(13)).
            (2) 1994 Institutions (as defined in section 532 of 
        the Equity in Educational Land-Grant Status Act of 1994 
        (7 U.S.C. 301 note; Public Law 103-382)).
            (3) Hispanic-serving agricultural colleges and 
        universities (as defined in section 1404(10) of the 
        National Agricultural Research, Extension, and Teaching 
        Policy Act of 1977 (7 U.S.C. 3103(10)).
    (d) Conditions on Receipt.--As a condition of the 
conveyance of real property under subsection (b), the recipient 
of the property must--
            (1) be located in the same State or territory of 
        the United States in which the property is located; and
            (2) agree to accept and use the property for 
        agricultural and natural resources research for a 
        minimum of 25 years.
    Sec. 733.  None of the funds appropriated or otherwise made 
available to the Department of Agriculture or the Food and Drug 
Administration shall be used to transmit or otherwise make 
available to any non-Department of Agriculture or non-
Department of Health and Human Services employee questions or 
responses to questions that are a result of information 
requested for the appropriations hearing process.
    Sec. 734.  Section 9 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758) is amended by adding at the 
end the following:
    ``(l) Food Donation Program.--
            ``(1) In general.--Each school and local 
        educational agency participating in the school lunch 
        program under this Act may donate any food not consumed 
        under such program to eligible local food banks or 
        charitable organizations.
            ``(2) Guidance.--
                    ``(A) In general.--Not later than 180 days 
                after the date of the enactment of this 
                subsection, the Secretary shall develop and 
                publish guidance to schools and local 
                educational agencies participating in the 
                school lunch program under this Act to assist 
                such schools and local educational agencies in 
                donating food under this subsection.
                    ``(B) Updates.--The Secretary shall update 
                such guidance as necessary.
            ``(3) Liability.--Any school or local educational 
        agency making donations pursuant to this subsection 
        shall be exempt from civil and criminal liability to 
        the extent provided under the Bill Emerson Good 
        Samaritan Food Donation Act (42 U.S.C. 1791).
            ``(4) Definition.--In this subsection, the term 
        `eligible local food banks or charitable organizations' 
        means any food bank or charitable organization which is 
        exempt from tax under section 501(c)(3) of the Internal 
        Revenue Code of 1986 (26 U.S.C. 501(c)(3)).''.
    Sec. 735.  There is hereby appropriated for the ``Emergency 
Conservation Program'', for necessary expenses resulting from a 
major disaster declared pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.), $122,700,000, to remain available until expended:  
Provided, That the preceding amount is designated by the 
Congress as being for disaster relief pursuant to section 
251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
Control Act of 1985:  Provided further, That there is hereby 
appropriated for the ``Emergency Forest Restoration Program'', 
for necessary expenses resulting from a major disaster declared 
pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.), $28,400,000, 
to remain available until expended:  Provided further, That the 
preceding amount is designated by the Congress as being for 
disaster relief pursuant to section 251(b)(2)(D) of the 
Balanced Budget and Emergency Deficit Control Act of 1985:  
Provided further, That there is hereby appropriated for the 
``Emergency Watershed Protection Program'', for necessary 
expenses resulting from a major disaster declared pursuant to 
the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.), $215,900,000, to remain available 
until expended:  Provided further, That the preceding amount is 
designated by the Congress as being for disaster relief 
pursuant to section 251(b)(2)(D) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.
    Sec. 736.  Unless otherwise authorized by existing law, 
none of the funds provided in this Act, may be used by an 
executive branch agency to produce any prepackaged news story 
intended for broadcast or distribution in the United States 
unless the story includes a clear notification within the text 
or audio of the prepackaged news story that the prepackaged 
news story was prepared or funded by that executive branch 
agency.
    Sec. 737.  No employee of the Department of Agriculture may 
be detailed or assigned from an agency or office funded by this 
Act or any other Act to any other agency or office of the 
Department for more than 30 days unless the individual's 
employing agency or office is fully reimbursed by the receiving 
agency or office for the salary and expenses of the employee 
for the period of assignment.
    Sec. 738.  None of the funds made available by this Act may 
be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a 
loan or loan guarantee to any corporation that was convicted 
(or had an officer or agent of such corporation acting on 
behalf of the corporation convicted) of a felony criminal 
violation under any Federal or State law within the preceding 
24 months, where the awarding agency is aware of the 
conviction, unless the agency has considered suspension or 
debarment of the corporation, or such officer or agent, and 
made a determination that this further action is not necessary 
to protect the interests of the Government.
    Sec. 739.  None of the funds made available by this Act may 
be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a 
loan or loan guarantee to, any corporation that any unpaid 
Federal tax liability that has been assessed, for which all 
judicial and administrative remedies have been exhausted or 
have lapsed, and that is not being paid in a timely manner 
pursuant to an agreement with the authority responsible for 
collecting the tax liability, where the awarding agency is 
aware of the unpaid tax liability, unless the agency has 
considered suspension or debarment of the corporation and made 
a determination that this further action is not necessary to 
protect the interests of the Government.
    Sec. 740.  Unobligated balances not to exceed $31,000,000 
for the ``Emergency Watershed Protection Program'' provided in 
Public Law 108-199, Public Law 109-234, and Public Law 110-28 
shall be available for the purposes of such program for 
disasters occurring in 2011, and shall remain available until 
expended:  Provided, That the amounts made available by this 
section are designated by Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.
    Sec. 741.  Funds made available by this Act under title II 
of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be 
used to provide assistance to recipient nations if adequate 
monitoring and controls, as determined by the Administrator of 
the U.S. Agency for International Development, are in place to 
ensure that emergency food aid is received by the intended 
beneficiaries in areas affected by food shortages and not 
diverted for unauthorized or inappropriate purposes.
    Sec. 742. None of the funds made available by this Act may 
be used to pay the salaries and expenses of personnel who 
provide nonrecourse marketing assistance loans for mohair under 
section 1201 of the Food, Conservation, and Energy Act of 2008 
(7 U.S.C. 8731).
    Sec. 743. None of the funds made available by this Act may 
be used to implement an interim final or final rule regarding 
nutrition programs under the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.) that--
            (1) requires crediting of tomato paste and puree 
        based on volume;
            (2) implements a sodium reduction target beyond 
        Target I, the 2-year target, specified in Notice of 
        Proposed Rulemaking, ``Nutrition Standards in the 
        National School Lunch and School Breakfast Programs'' 
        (FNS-2007-0038, RIN 0584-AD59) until the Secretary 
        certifies that the Department has reviewed and 
        evaluated relevant scientific studies and data relevant 
        to the relationship of sodium reductions to human 
        health; and
            (3) establishes any whole grain requirement without 
        defining ``whole grain.''
    Sec. 744. For fiscal year 2012, section 363 of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 2006e) 
shall not apply to any project funded under the community 
facilities programs authorized under such Act if such project 
is also subject to approval of a permit issued under section 
404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344).
    Sec. 745. None of the funds made available by this Act may 
be used by the Secretary of Agriculture to provide direct 
payments under section 1103 or 1303 of the Food, Conservation, 
and Energy Act of 2008 (7 U.S.C. 8713, 8753) to any person or 
legal entity that has an average adjusted gross income (as 
defined in section 1001D of the Food Security Act of 1985 (7 
U.S.C. 1308-3a)) in excess of $1,000,000.
    Sec. 746. None of the funds made available by this Act may 
be used to implement an interim final or final rule that--
            (1) sets any maximum limits on the serving of 
        vegetables in school meal programs established under 
        the Richard B. Russell National School Lunch Act (42 
        U.S.C. 1751 et seq.) and by section 4 of the Child 
        Nutrition Act of 1966 (42 U.S.C. 1773); or
            (2) is inconsistent with the recommendations of the 
        most recent Dietary Guidelines for Americans for 
        vegetables.
    Sec. 747. For 2012 and subsequent fiscal years--
            (1) Any balances to carry out a housing 
        demonstration program to provide revolving loans for 
        the preservation of low-income multi-family housing 
        projects as authorized in Public Law 108-447 and Public 
        Law 109-97 and a demonstration program for the 
        preservation and revitalization of the section 515 
        multi-family rental housing properties as authorized by 
        Public Law 109-97 and Public Law 110-5 shall be 
        transferred to and merged with the ``Rural Housing 
        Service, Multi-family Housing Revitalization Program 
        Account'';
            (2) Any prior balances in the Rural Development, 
        Rural Community Advancement Program account for 
        programs authorized by section 306 and described in 
        section 381E(d)(1) of such Act be transferred and 
        merged with the ``Rural Community Facilities Program 
        Account'' and any other prior balances from the Rural 
        Development, Rural Community Advancement Program 
        account that the Secretary determines are appropriate 
        to transfer;
            (3) Any prior balances in the Rural Development, 
        Rural Community Advancement Program account for 
        programs authorized by sections 306 and 310B and 
        described in sections 310B(f) and 381E(d)(3) of such 
        Act be transferred and merged with the ``Rural Business 
        Program Account'' and any other prior balances from the 
        Rural Development, Rural Community Advancement Program 
        account that the Secretary determines are appropriate 
        to transfer; and
            (4) Any prior balances in the Rural Development, 
        Rural Community Advancement Program account programs 
        authorized by sections 306, 306A, 306C, 306D, 306E, and 
        310B and described in sections 306C(a)(2), 306D, 306E, 
        and 381E(d)(2) of such Act be transferred to and merged 
        with the ``Rural Water and Waste Disposal Program 
        Account'' and any other prior balances from the Rural 
        Development, Rural Community Advancement Program 
        account that the Secretary determines are appropriate 
        to transfer.
    Sec. 748. In addition to amounts otherwise made available 
by this Act, there is appropriated to implement the Water Bank 
Act (16 U.S.C. 1301-1311) $7,500,000, to remain available until 
expended:  Provided, That, notwithstanding section 6 of such 
Act (16 U.S.C. 1305), agreements entered into with funds 
provided under this section shall not be renewed:  Provided 
further, That, in utilizing funds provided under this section, 
the Secretary of Agriculture may waive the percentage 
limitation in the last sentence of section 11 of such Act (16 
U.S.C. 1310) to ensure efficient administration of the program 
authorized by such Act:  Provided further, That flooded 
agricultural lands, as determined by the Secretary, shall be 
eligible to be enrolled in the program.
    This division may be cited as the ``Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2012''.

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

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

    For necessary expenses for international trade activities 
of the Department of Commerce provided for by law, and for 
engaging in trade promotional activities abroad, including 
expenses of grants and cooperative agreements for the purpose 
of promoting exports of United States firms, without regard to 
44 U.S.C. 3702 and 3703; full medical coverage for dependent 
members of immediate families of employees stationed overseas 
and employees temporarily posted overseas; travel and 
transportation of employees of the International Trade 
Administration between two points abroad, without regard to 49 
U.S.C. 40118; employment of Americans and aliens by contract 
for services; rental of space abroad for periods not exceeding 
10 years, and expenses of alteration, repair, or improvement; 
purchase or construction of temporary demountable exhibition 
structures for use abroad; payment of tort claims, in the 
manner authorized in the first paragraph of 28 U.S.C. 2672 when 
such claims arise in foreign countries; not to exceed $294,300 
for official representation expenses abroad; purchase of 
passenger motor vehicles for official use abroad, not to exceed 
$45,000 per vehicle; obtaining insurance on official motor 
vehicles; and rental of tie lines, $465,000,000, to remain 
available until September 30, 2013, of which $9,439,000 is to 
be derived from fees to be retained and used by the 
International Trade Administration, notwithstanding 31 U.S.C. 
3302:  Provided, That not less than $48,854,000 shall be for 
Manufacturing and Services; not less than $42,623,000 shall be 
for Market Access and Compliance; not less than $67,358,000 
shall be for the Import Administration; not less than 
$269,804,000 shall be for trade promotion and the United States 
and Foreign Commercial Service; and not less than $26,922,000 
shall be for Executive Direction and Administration:  Provided 
further, That not less than $7,000,000 shall be for the Office 
of China Compliance, and not less than $4,400,000 shall be for 
the China Countervailing Duty Group:  Provided further, That 
the provisions of the first sentence of section 105(f) and all 
of section 108(c) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 
apply in carrying out these activities without regard to 
section 5412 of the Omnibus Trade and Competitiveness Act of 
1988 (15 U.S.C. 4912); and that for the purpose of this Act, 
contributions under the provisions of the Mutual Educational 
and Cultural Exchange Act of 1961 shall include payment for 
assessments for services provided as part of these activities.

                    Bureau of Industry and Security

                     operations and administration

    For necessary expenses for export administration and 
national security activities of the Department of Commerce, 
including costs associated with the performance of export 
administration field activities both domestically and abroad; 
full medical coverage for dependent members of immediate 
families of employees stationed overseas; employment of 
Americans and aliens by contract for services abroad; payment 
of tort claims, in the manner authorized in the first paragraph 
of 28 U.S.C. 2672 when such claims arise in foreign countries; 
not to exceed $13,500 for official representation expenses 
abroad; awards of compensation to informers under the Export 
Administration Act of 1979, and as authorized by 22 U.S.C. 
401(b); and purchase of passenger motor vehicles for official 
use and motor vehicles for law enforcement use with special 
requirement vehicles eligible for purchase without regard to 
any price limitation otherwise established by law, 
$101,000,000, to remain available until expended:  Provided, 
That the provisions of the first sentence of section 105(f) and 
all of section 108(c) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 
apply in carrying out these activities:  Provided further, That 
payments and contributions collected and accepted for materials 
or services provided as part of such activities may be retained 
for use in covering the cost of such activities, and for 
providing information to the public with respect to the export 
administration and national security activities of the 
Department of Commerce and other export control programs of the 
United States and other governments.

                  Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided 
by the Public Works and Economic Development Act of 1965, for 
trade adjustment assistance, for the cost of loan guarantees 
authorized by section 26 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3721), and for grants and 
loan guarantees authorized by section 27 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722), 
$220,000,000, to remain available until expended; of which 
$5,000,000 shall be for projects to facilitate the relocation, 
to the United States, of a source of employment located outside 
the United States; of which up to $5,000,000 shall be for loan 
guarantees under section 26; and of which up to $5,000,000 
shall be for loan guarantees and grants under section 27:  
Provided, That the costs for loan guarantees, including the 
cost of modifying such loans, shall be as defined in section 
502 of the Congressional Budget Act of 1974:  Provided further, 
That these funds for loan guarantees under such sections 26 and 
27 combined are available to subsidize total loan principal, 
any part of which is to be guaranteed, not to exceed 
$70,000,000.
    Pursuant to section 703 of the Public Works and Economic 
Development Act (42 U.S.C. 3233), for an additional amount for 
``Economic Development Assistance Programs'' for necessary 
expenses related to disaster relief, long-term recovery, and 
restoration of infrastructure in areas that received a major 
disaster designation in 2011 pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.), $200,000,000, to remain available until expended:  
Provided, That such amount is designated by Congress as being 
for disaster relief pursuant to section 251(b)(2)(D) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                         salaries and expenses

    For necessary expenses of administering the economic 
development assistance programs as provided for by law, 
$37,500,000:  Provided, That these funds may be used to monitor 
projects approved pursuant to title I of the Public Works 
Employment Act of 1976, title II of the Trade Act of 1974, and 
the Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency

                     minority business development

    For necessary expenses of the Department of Commerce in 
fostering, promoting, and developing minority business 
enterprise, including expenses of grants, contracts, and other 
agreements with public or private organizations, $30,339,000.

                   Economic and Statistical Analysis

                         salaries and expenses

    For necessary expenses, as authorized by law, of economic 
and statistical analysis programs of the Department of 
Commerce, $96,000,000.

                          Bureau of the Census

                         salaries and expenses

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

                     periodic censuses and programs

    For necessary expenses to collect and publish statistics 
for periodic censuses and programs provided for by law, 
$690,000,000, to remain available until September 30, 2013:  
Provided, That $635,000,000 is appropriated from the general 
fund and $55,000,000 is derived from available unobligated 
balances from the Census Working Capital Fund:  Provided 
further, That from amounts provided herein, funds may be used 
for promotion, outreach, and marketing activities:  Provided 
further, That within the amounts appropriated, $1,000,000 shall 
be transferred to the ``Office of Inspector General'' account 
for activities associated with carrying out investigations and 
audits related to the Bureau of the Census.

       National Telecommunications and Information Administration

                         salaries and expenses

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

    public telecommunications facilities, planning and construction

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

               United States Patent and Trademark Office

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the United States Patent and 
Trademark Office (USPTO) provided for by law, including defense 
of suits instituted against the Under Secretary of Commerce for 
Intellectual Property and Director of the USPTO, $2,706,313,000 
to remain available until expended:  Provided, That the sum 
herein appropriated from the general fund shall be reduced as 
offsetting collections of fees and surcharges assessed and 
collected by the USPTO under any law are received during fiscal 
year 2012, so as to result in a fiscal year 2012 appropriation 
from the general fund estimated at $0:  Provided further, That 
during fiscal year 2012, should the total amount of such 
offsetting collections be less than $2,706,313,000 this amount 
shall be reduced accordingly:  Provided further, That any 
amount received in excess of $2,706,313,000 in fiscal year 2012 
and deposited in the Patent and Trademark Fee Reserve Fund 
shall remain available until expended:  Provided further, That 
the Director of USPTO shall submit a spending plan to the 
Committees on Appropriations of the House of Representatives 
and the Senate for any amounts made available by the preceding 
proviso and such spending plan shall be treated as a 
reprogramming under section 505 of this Act and shall not be 
available for obligation or expenditure except in compliance 
with the procedures set forth in that section:  Provided 
further, That from amounts provided herein, not to exceed $900 
shall be made available in fiscal year 2012 for official 
reception and representation expenses:  Provided further, That 
in fiscal year 2012 from the amounts made available for 
``Salaries and Expenses'' for the USPTO, the amounts necessary 
to pay (1) the difference between the percentage of basic pay 
contributed by the USPTO and employees under section 8334(a) of 
title 5, United States Code, and the normal cost percentage (as 
defined by section 8331(17) of that title) as provided by the 
Office of Personnel Management (OPM) for USPTO's specific use, 
of basic pay, of employees subject to subchapter III of chapter 
83 of that title, and (2) the present value of the otherwise 
unfunded accruing costs, as determined by OPM for USPTO's 
specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees who 
are enrolled in Federal Employees Health Benefits (FEHB) and 
Federal Employees Group Life Insurance (FEGLI), shall be 
transferred to the Civil Service Retirement and Disability 
Fund, the Employees Life Insurance Fund, and the Employees 
Health Benefits Fund, as appropriate, and shall be available 
for the authorized purposes of those accounts:  Provided 
further, That any differences between the present value factors 
published in OPM's yearly 300 series benefit letters and the 
factors that OPM provides for USPTO's specific use shall be 
recognized as an imputed cost on USPTO's financial statements, 
where applicable:  Provided further, That, notwithstanding any 
other provision of law, all fees and surcharges assessed and 
collected by USPTO are available for USPTO only pursuant to 
section 42(c) of title 35, United States Code, as amended by 
section 22 of the Leahy-Smith America Invents Act (Public Law 
112-29):  Provided further, That within the amounts 
appropriated, $1,000,000 shall be transferred to the ``Office 
of Inspector General'' account for activities associated with 
carrying out investigations and audits related to the USPTO.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of 
Standards and Technology, $567,000,000, to remain available 
until expended, of which not to exceed $9,000,000 may be 
transferred to the ``Working Capital Fund'':  Provided, That 
not to exceed $5,000 shall be for official reception and 
representation expenses.

                     industrial technology services

    For necessary expenses of the Hollings Manufacturing 
Extension Partnership of the National Institute of Standards 
and Technology, $128,443,000, to remain available until 
expended.

                  construction of research facilities

    For construction of new research facilities, including 
architectural and engineering design, and for renovation and 
maintenance of existing facilities, not otherwise provided for 
the National Institute of Standards and Technology, as 
authorized by 15 U.S.C. 278c-278e, $55,381,000, to remain 
available until expended:  Provided, That the Secretary of 
Commerce shall include in the budget justification materials 
that the Secretary submits to Congress in support of the 
Department of Commerce budget (as submitted with the budget of 
the President under section 1105(a) of title 31, United States 
Code) an estimate for each National Institute of Standards and 
Technology construction project having a total multi-year 
program cost of more than $5,000,000 and simultaneously the 
budget justification materials shall include an estimate of the 
budgetary requirements for each such project for each of the 
five subsequent fiscal years.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfer of funds)

    For necessary expenses of activities authorized by law for 
the National Oceanic and Atmospheric Administration, including 
maintenance, operation, and hire of aircraft and vessels; 
grants, contracts, or other payments to nonprofit organizations 
for the purposes of conducting activities pursuant to 
cooperative agreements; and relocation of facilities, 
$3,022,231,000, to remain available until September 30, 2013, 
except that funds provided for cooperative enforcement shall 
remain available until September 30, 2014:  Provided, That fees 
and donations received by the National Ocean Service for the 
management of national marine sanctuaries may be retained and 
used for the salaries and expenses associated with those 
activities, notwithstanding 31 U.S.C. 3302:  Provided further, 
That in addition, $109,098,000 shall be derived by transfer 
from the fund entitled ``Promote and Develop Fishery Products 
and Research Pertaining to American Fisheries'':  Provided 
further, That of the $3,139,329,000 provided for in direct 
obligations under this heading $3,022,231,000 is appropriated 
from the general fund, $109,098,000 is provided by transfer and 
$8,000,000 is derived from recoveries of prior year 
obligations:  Provided further, That the total amount available 
for National Oceanic and Atmospheric Administration corporate 
services administrative support costs shall not exceed 
$230,738,000, of which $5,000,000 shall not be available until 
the Administrator provides the Committees on Appropriations of 
the House of Representatives and the Senate with revised and 
detailed lifecycle costs of all satellite programs funded under 
the ``Procurement, Acquisition and Construction'' account:  
Provided further, That any deviation from the amounts 
designated for specific activities in the statement 
accompanying this Act, or any use of deobligated balances of 
funds provided under this heading in previous years, shall be 
subject to the procedures set forth in section 505 of this Act: 
 Provided further, That in allocating grants under sections 306 
and 306A of the Coastal Zone Management Act of 1972, as 
amended, no coastal State shall receive more than 5 percent or 
less than 1 percent of increased funds appropriated over the 
previous fiscal year.
    In addition, for necessary retired pay expenses under the 
Retired Serviceman's Family Protection and Survivor Benefits 
Plan, and for payments for the medical care of retired 
personnel and their dependents under the Dependents Medical 
Care Act (10 U.S.C. 55), such sums as may be necessary.

               procurement, acquisition and construction

    For procurement, acquisition and construction of capital 
assets, including alteration and modification costs, of the 
National Oceanic and Atmospheric Administration, 
$1,817,094,000, to remain available until September 30, 2014, 
except that funds provided for construction of facilities shall 
remain available until expended:  Provided, That of the 
$1,825,094,000 provided for in direct obligations under this 
heading, $1,817,094,000 is appropriated from the general fund 
and $8,000,000 is provided from recoveries of prior year 
obligations:  Provided further, That any deviation from the 
amounts designated for specific activities in the statement 
accompanying this Act, or any use of deobligated balances of 
funds provided under this heading in previous years, shall be 
subject to the procedures set forth in section 505 of this Act: 
 Provided further, That the Secretary of Commerce shall include 
in budget justification materials that the Secretary submits to 
Congress in support of the Department of Commerce budget (as 
submitted with the budget of the President under section 
1105(a) of title 31, United States Code) an estimate for each 
National Oceanic and Atmospheric Administration procurement, 
acquisition or construction project having a total of more than 
$5,000,000 and simultaneously the budget justification shall 
include an estimate of the budgetary requirements for each such 
project for each of the 5 subsequent fiscal years:  Provided 
further, That, within the amounts appropriated, $1,000,000 
shall be transferred to the ``Office of Inspector General'' 
account for activities associated with carrying out 
investigations and audits related to satellite procurement, 
acquisition and construction.

                    pacific coastal salmon recovery

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

                      fishermen's contingency fund

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

                   fisheries finance program account

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

                        Departmental Management

                         salaries and expenses

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

                      renovation and modernization

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

                      office of inspector general

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

               General Provisions--Department of Commerce

                         (including rescission)

    Sec. 101.  During the current fiscal year, applicable 
appropriations and funds made available to the Department of 
Commerce by this Act shall be available for the activities 
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
the extent and in the manner prescribed by the Act, and, 
notwithstanding 31 U.S.C. 3324, may be used for advanced 
payments not otherwise authorized only upon the certification 
of officials designated by the Secretary of Commerce that such 
payments are in the public interest.
    Sec. 102.  During the current fiscal year, appropriations 
made available to the Department of Commerce by this Act for 
salaries and expenses shall be available for hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; 
services as authorized by 5 U.S.C. 3109; and uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
    Sec. 103.  Not to exceed 5 percent of any appropriation 
made available for the current fiscal year for the Department 
of Commerce in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by 
more than 10 percent by any such transfers:  Provided, That any 
transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 of this Act and shall 
not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section:  
Provided further, That the Secretary of Commerce shall notify 
the Committees on Appropriations at least 15 days in advance of 
the acquisition or disposal of any capital asset (including 
land, structures, and equipment) not specifically provided for 
in this Act or any other law appropriating funds for the 
Department of Commerce.
    Sec. 104.  Any costs incurred by a department or agency 
funded under this title resulting from personnel actions taken 
in response to funding reductions included in this title or 
from actions taken for the care and protection of loan 
collateral or grant property shall be absorbed within the total 
budgetary resources available to such department or agency:  
Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included 
elsewhere in this Act:  Provided further, That use of funds to 
carry out this section shall be treated as a reprogramming of 
funds under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 105. (a) For purposes of this section--
            (1) the term ``Under Secretary'' means Under 
        Secretary of Commerce for Oceans and Atmosphere;
            (2) the term ``appropriate congressional 
        committees'' means--
                    (A) the Committee on Appropriations and the 
                Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Appropriations and the 
                Committee on Science, Space and Technology of 
                the House of Representatives;
            (3) the term ``satellite'' means the satellites 
        proposed to be acquired for the National Oceanic and 
        Atmospheric Administration (NOAA);
            (4) the term ``development'' means the phase of a 
        program following the formulation phase and beginning 
        with the approval to proceed to implementation, as 
        defined in NOAA Administrative Order 216-108, 
        Department of Commerce Administrative Order 208-3, and 
        NASA's Procedural Requirements 7120.5c, dated March 22, 
        2005;
            (5) the term ``development cost'' means the total 
        of all costs, including construction of facilities and 
        civil servant costs, from the period beginning with the 
        approval to proceed to implementation through the 
        achievement of operational readiness, without regard to 
        funding source or management control, for the life of 
        the program;
            (6) the term ``life-cycle cost'' means the total of 
        the direct, indirect, recurring, and nonrecurring 
        costs, including the construction of facilities and 
        civil servant costs, and other related expenses 
        incurred or estimated to be incurred in the design, 
        development, verification, production, operation, 
        maintenance, support, and retirement of a program over 
        its planned lifespan, without regard to funding source 
        or management control;
            (7) the term ``major program'' means an activity 
        approved to proceed to implementation that has an 
        estimated life-cycle cost of more than $250,000,000; 
        and
            (8) the term ``baseline'' means the program as set 
        following contract award and preliminary design review 
        of the space and ground systems.
    (b)(1) NOAA shall not enter into a contract for development 
of a major program, unless the Under Secretary determines 
that--
                    (A) the technical, cost, and schedule risks 
                of the program are clearly identified and the 
                program has developed a plan to manage those 
                risks;
                    (B) the technologies required for the 
                program have been demonstrated in a relevant 
                laboratory or test environment;
                    (C) the program complies with all relevant 
                policies, regulations, and directives of NOAA 
                and the Department of Commerce;
                    (D) the program has demonstrated a high 
                likelihood of accomplishing its intended goals; 
                and
                    (E) the acquisition of satellites for use 
                in the program represents a good value to 
                accomplishing NOAA's mission.
            (2) The Under Secretary shall transmit a report 
        describing the basis for the determination required 
        under paragraph (1) to the appropriate congressional 
        committees at least 30 days before entering into a 
        contract for development under a major program.
            (3) The Under Secretary may not delegate the 
        determination requirement under this subsection, except 
        in cases in which the Under Secretary has a conflict of 
        interest.
    (c)(1) Annually, at the same time as the President's annual 
budget submission to the Congress, the Under Secretary shall 
transmit to the appropriate congressional committees a report 
that includes the information required by this section for the 
satellite development program for which NOAA proposes to expend 
funds in the subsequent fiscal year. The report under this 
paragraph shall be known as the Major Program Annual Report.
            (2) The first Major Program Annual Report for 
        NOAA's satellite development program shall include a 
        Baseline Report that shall, at a minimum, include--
                    (A) the purposes of the program and key 
                technical characteristics necessary to fulfill 
                those purposes;
                    (B) an estimate of the life-cycle cost for 
                the program, with a detailed breakout of the 
                development cost, program reserves, and an 
                estimate of the annual costs until development 
                is completed;
                    (C) the schedule for development, including 
                key program milestones;
                    (D) the plan for mitigating technical, 
                cost, and schedule risks identified in 
                accordance with subsection (b)(1)(A); and
                    (E) the name of the person responsible for 
                making notifications under subsection (d), who 
                shall be an individual whose primary 
                responsibility is overseeing the program.
            (3) For the major program for which a Baseline 
        Report has been submitted, subsequent Major Program 
        Annual Reports shall describe any changes to the 
        information that had been provided in the Baseline 
        Report, and the reasons for those changes.
    (d)(1) The individual identified under subsection (c)(2)(E) 
shall immediately notify the Under Secretary any time that 
individual has reasonable cause to believe that, for the major 
program for which he or she is responsible, the development 
cost of the program has exceeded the estimate provided in the 
Baseline Report of the program by 20 percent or more.
            (2) Not later than 30 days after the notification 
        required under paragraph (1), the individual identified 
        under subsection (c)(2)(E) shall transmit to the Under 
        Secretary a written notification explaining the reasons 
        for the change in the cost of the program for which 
        notification was provided under paragraph (1).
            (3) Not later than 15 days after the Under 
        Secretary receives a written notification under 
        paragraph (2), the Under Secretary shall transmit the 
        notification to the appropriate congressional 
        committees.
    (e) Not later than 30 days after receiving a written 
notification under subsection (d)(2), the Under Secretary shall 
determine whether the development cost of the program has 
exceeded the estimate provided in the Baseline Report of the 
program by 20 percent or more. If the determination is 
affirmative, the Under Secretary shall--
            (1) transmit to the appropriate congressional 
        committees, not later than 15 days after making the 
        determination, a report that includes--
                    (A) a description of the increase in cost 
                and a detailed explanation for the increase;
                    (B) a description of actions taken or 
                proposed to be taken in response to the cost 
                increase; and
                    (C) a description of any impacts the cost 
                increase, or the actions described under 
                subparagraph (B), will have on any other 
                program within NOAA; and
            (2) if the Under Secretary intends to continue with 
        the program, promptly initiate an analysis of the 
        program, which shall include, at a minimum--
                    (A) the projected cost and schedule for 
                completing the program if current requirements 
                of the program are not modified;
                    (B) the projected cost and the schedule for 
                completing the program after instituting the 
                actions described under paragraph (1)(B); and
                    (C) a description of, and the projected 
                cost and schedule for, a broad range of 
                alternatives to the program.
    (f) NOAA shall complete an analysis initiated under 
paragraph (2) not later than 6 months after the Under Secretary 
makes a determination under this subsection. The Under 
Secretary shall transmit the analysis to the appropriate 
congressional committees not later than 30 days after its 
completion.
    Sec. 106.  Notwithstanding any other law, the Secretary may 
furnish services (including but not limited to utilities, 
telecommunications, and security services) necessary to support 
the operation, maintenance, and improvement of space that 
persons, firms or organizations are authorized pursuant to the 
Public Buildings Cooperative Use Act of 1976 or other authority 
to use or occupy in the Herbert C. Hoover Building, Washington, 
DC, or other buildings, the maintenance, operation, and 
protection of which has been delegated to the Secretary from 
the Administrator of General Services pursuant to the Federal 
Property and Administrative Services Act of 1949, as amended, 
on a reimbursable or non-reimbursable basis. Amounts received 
as reimbursement for services provided under this section or 
the authority under which the use or occupancy of the space is 
authorized, up to $200,000, shall be credited to the 
appropriation or fund which initially bears the costs of such 
services.
    Sec. 107.  Nothing in this title shall be construed to 
prevent a grant recipient from deterring child pornography, 
copyright infringement, or any other unlawful activity over its 
networks.
    Sec. 108.  The Administrator of the National Oceanic and 
Atmospheric Administration is authorized to use, with their 
consent, with reimbursement and subject to the limits of 
available appropriations, the land, services, equipment, 
personnel, and facilities of any department, agency or 
instrumentality of the United States, or of any State, local 
government, Indian tribal government, Territory or possession, 
or of any political subdivision thereof, or of any foreign 
government or international organization for purposes related 
to carrying out the responsibilities of any statute 
administered by the National Oceanic and Atmospheric 
Administration.

                              (rescission)

    Sec. 109.  All balances in the Coastal Zone Management 
Fund, whether unobligated or unavailable, are hereby 
permanently rescinded, and notwithstanding section 308(b) of 
the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 
1456a), any future payments to the Fund made pursuant to 
sections 307 (16 U.S.C. 1456) and 308 (16 U.S.C. 1456a) of the 
Coastal Zone Management Act of 1972, as amended, shall, in this 
fiscal year and any future fiscal years, be treated in 
accordance with the Federal Credit Reform Act of 1990, as 
amended.
    Sec. 110.  There is established in the Treasury a non-
interest bearing fund to be known as the ``Fisheries 
Enforcement Asset Forfeiture Fund'', which shall consist of all 
sums received as fines, penalties, and forfeitures of property 
for violations of any provisions of 16 U.S.C. chapter 38 or of 
any other marine resource law enforced by the Secretary of 
Commerce, including the Lacey Act Amendments of 1981 (16 U.S.C. 
3371 et seq.) and with the exception of collections pursuant to 
16 U.S.C. 1437, which are currently deposited in the 
Operations, Research, and Facilities account:  Provided, That 
all unobligated balances that have been collected pursuant to 
16 U.S.C. 1861 or any other marine resource law enforced by the 
Secretary of Commerce with the exception of 16 U.S.C. 1437 
shall be transferred from the Operations, Research, and 
Facilities account into the Fisheries Enforcement Asset 
Forfeiture Fund and shall remain available until expended.
    Sec. 111.  There is established in the Treasury a non-
interest bearing fund to be known as the ``Sanctuaries 
Enforcement Asset Forfeiture Fund'', which shall consist of all 
sums received as fines, penalties, and forfeitures of property 
for violations of any provisions of 16 U.S.C. chapter 38, which 
are currently deposited in the Operations, Research, and 
Facilities account:  Provided, That all unobligated balances 
that have been collected pursuant to 16 U.S.C. 1437 shall be 
transferred from the Operations, Research, and Facilities 
account into the Sanctuaries Enforcement Asset Forfeiture Fund 
and shall remain available until expended.
    Sec. 112.  The Department of Commerce shall provide a 
monthly report to the Committees on Appropriations of the House 
of Representatives and the Senate, beginning with October 2011 
data, on any official travel to China by any employee of the 
U.S. Department of Commerce, including the purpose of such 
travel.
    Sec. 113. (a) The U.S. Participating Territories of the 
Commission for the Conservation and Management of Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean 
(``Commission'') are each authorized to use, assign, allocate, 
and manage catch limits of highly migratory fish stocks, or 
fishing effort limits, agreed to by the Commission through 
arrangements with U.S. vessels with permits issued under the 
Pelagics Fishery Management Plan of the Western Pacific Region. 
Vessels under such arrangements are integral to the domestic 
fisheries of the U.S. Participating Territories provided that 
such arrangements shall impose no requirements regarding where 
such vessels must fish or land their catch and shall be funded 
by deposits to the Western Pacific Sustainable Fisheries Fund 
in support of fisheries development projects identified in a 
Territory's Marine Conservation Plan and adopted pursuant to 
section 204 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1824). The Secretary of Commerce 
shall attribute catches made by vessels operating under such 
arrangements to the U.S. Participating Territories for the 
purposes of annual reporting to the Commission.
    (b) The Western Pacific Regional Fisheries Management 
Council--
            (1) is authorized to accept and deposit into the 
        Western Pacific Sustainable Fisheries Fund funding for 
        arrangements pursuant to subsection (a);
            (2) shall use amounts deposited under paragraph (1) 
        that are attributable to a particular U.S. 
        Participating Territory only for implementation of that 
        Territory's Marine Conservation Plan adopted pursuant 
        to section 204 of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1824); and
            (3) shall recommend an amendment to the Pelagics 
        Fishery Management Plan for the Western Pacific Region, 
        and associated regulations, to implement this section.
    (c) Subsection (a) shall remain in effect until the earlier 
of December 31, 2012, or such time as--
            (1) the Western Pacific Regional Fishery Management 
        Council recommends an amendment to the Pelagics Fishery 
        Management Plan for the Western Pacific Region, and 
        implementing regulations, to the Secretary of Commerce 
        that authorize use, assignment, allocation, and 
        management of catch limits of highly migratory fish 
        stocks, or fishing effort limits, established by the 
        Commission and applicable to U.S. Participating 
        Territories;
            (2) the Secretary of Commerce approves the 
        amendment as recommended; and
            (3) such implementing regulations become effective.
    This title may be cited as the ``Department of Commerce 
Appropriations Act, 2012''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the 
Department of Justice, $110,822,000, of which not to exceed 
$4,000,000 for security and construction of Department of 
Justice facilities shall remain available until expended.

                   national drug intelligence center

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

                 justice information sharing technology

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

            tactical law enforcement wireless communications

    For the costs of developing and implementing communications 
systems supporting Federal law enforcement and for the costs of 
operations and maintenance of existing Land Mobile Radio legacy 
systems, $87,000,000, to remain available until expended:  
Provided, That the Attorney General shall transfer to this 
account all funds made available to the Department of Justice 
for the purchase of portable and mobile radios:  Provided 
further, That any transfer pursuant to the previous proviso 
shall be treated as a reprogramming under section 505 of this 
Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that 
section.

                   administrative review and appeals

                     (including transfer of funds)

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration-related activities, 
$305,000,000, of which $4,000,000 shall be derived by transfer 
from the Executive Office for Immigration Review fees deposited 
in the ``Immigration Examinations Fee'' account.

                           detention trustee

    For necessary expenses of the Federal Detention Trustee, 
$1,580,595,000, to remain available until expended:  Provided, 
That the Trustee shall be responsible for managing the Justice 
Prisoner and Alien Transportation System:  Provided further, 
That not to exceed $20,000,000 shall be considered ``funds 
appropriated for State and local law enforcement assistance'' 
pursuant to 18 U.S.C. 4013(b).

                      office of inspector general

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

                    United States Parole Commission

                         salaries and expenses

    For necessary expenses of the United States Parole 
Commission as authorized, $12,833,000.

                            Legal Activities

            salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the 
Department of Justice, not otherwise provided for, including 
not to exceed $20,000 for expenses of collecting evidence, to 
be expended under the direction of, and to be accounted for 
solely under the certificate of, the Attorney General; and rent 
of private or Government-owned space in the District of 
Columbia, $863,367,000, of which not to exceed $10,000,000 for 
litigation support contracts shall remain available until 
expended:  Provided, That of the total amount appropriated, not 
to exceed $9,000 shall be available to INTERPOL Washington for 
official reception and representation expenses:  Provided 
further, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent 
circumstances require additional funding for litigation 
activities of the Civil Division, the Attorney General may 
transfer such amounts to ``Salaries and Expenses, General Legal 
Activities'' from available appropriations for the current 
fiscal year for the Department of Justice, as may be necessary 
to respond to such circumstances:  Provided further, That any 
transfer pursuant to the previous proviso shall be treated as a 
reprogramming under section 505 of this Act and shall not be 
available for obligation or expenditure except in compliance 
with the procedures set forth in that section:  Provided 
further, That of the amount appropriated, such sums as may be 
necessary shall be available to reimburse the Office of 
Personnel Management for salaries and expenses associated with 
the election monitoring program under section 8 of the Voting 
Rights Act of 1965 (42 U.S.C. 1973f):  Provided further, That 
of the amounts provided under this heading for the election 
monitoring program, $3,390,000 shall remain available until 
expended.
    In addition, for reimbursement of expenses of the 
Department of Justice associated with processing cases under 
the National Childhood Vaccine Injury Act of 1986, not to 
exceed $7,833,000, to be appropriated from the Vaccine Injury 
Compensation Trust Fund.

               salaries and expenses, antitrust division

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

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative 
agreements, $1,960,000,000:  Provided, That of the total amount 
appropriated, not to exceed $7,200 shall be available for 
official reception and representation expenses:  Provided 
further, That not to exceed $25,000,000 shall remain available 
until expended:  Provided further, That each United States 
Attorney shall establish or participate in a United States 
Attorney-led task force on human trafficking.

                   united states trustee system fund

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

      salaries and expenses, foreign claims settlement commission

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

                     fees and expenses of witnesses

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

           salaries and expenses, community relations service

    For necessary expenses of the Community Relations Service, 
$11,456,000:  Provided, That notwithstanding section 205 of 
this Act, upon a determination by the Attorney General that 
emergent circumstances require additional funding for conflict 
resolution and violence prevention activities of the Community 
Relations Service, the Attorney General may transfer such 
amounts to the Community Relations Service, from available 
appropriations for the current fiscal year for the Department 
of Justice, as may be necessary to respond to such 
circumstances:  Provided further, That any transfer pursuant to 
the preceding proviso shall be treated as a reprogramming under 
section 505 of this Act and shall not be available for 
obligation or expenditure except in compliance with the 
procedures set forth in that section.

                         assets forfeiture fund

    For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and 
(G), $20,948,000, to be derived from the Department of Justice 
Assets Forfeiture Fund.

                     United States Marshals Service

                         salaries and expenses

    For necessary expenses of the United States Marshals 
Service, $1,174,000,000; of which not to exceed $10,000,000 
shall be available for necessary expenses for increased deputy 
marshals and staff related to border enforcement initiatives, 
not to exceed $6,000 shall be available for official reception 
and representation expenses, and not to exceed $15,000,000 
shall remain available until expended.

                              construction

    For construction in space controlled, occupied or utilized 
by the United States Marshals Service for prisoner holding and 
related support, $15,000,000, to remain available until 
expended, of which not to exceed $8,250,000 shall be available 
for detention upgrades at Federal courthouses to support border 
enforcement initiatives.

                       National Security Division

                         salaries and expenses

    For expenses necessary to carry out the activities of the 
National Security Division, $87,000,000; of which not to exceed 
$5,000,000 for information technology systems shall remain 
available until expended:  Provided, That notwithstanding 
section 205 of this Act, upon a determination by the Attorney 
General that emergent circumstances require additional funding 
for the activities of the National Security Division, the 
Attorney General may transfer such amounts to this heading from 
available appropriations for the current fiscal year for the 
Department of Justice, as may be necessary to respond to such 
circumstances:  Provided further, That any transfer pursuant to 
the preceding proviso shall be treated as a reprogramming under 
section 505 of this Act and shall not be available for 
obligation or expenditure except in compliance with the 
procedures set forth in that section.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the identification, 
investigation, and prosecution of individuals associated with 
the most significant drug trafficking and affiliated money 
laundering organizations not otherwise provided for, to include 
inter-governmental agreements with State and local law 
enforcement agencies engaged in the investigation and 
prosecution of individuals involved in organized crime drug 
trafficking, $527,512,000, of which $50,000,000 shall remain 
available until expended:  Provided, That any amounts obligated 
from appropriations under this heading may be used under 
authorities available to the organizations reimbursed from this 
appropriation.

                    Federal Bureau of Investigation

                         salaries and expenses

    For necessary expenses of the Federal Bureau of 
Investigation for detection, investigation, and prosecution of 
crimes against the United States, $8,036,991,000, of which not 
to exceed $150,000,000 shall remain available until expended:  
Provided, That not to exceed $184,500 shall be available for 
official reception and representation expenses.

                              construction

    For necessary expenses, to include the cost of equipment, 
furniture, and information technology requirements, related to 
construction or acquisition of buildings, facilities and sites 
by purchase, or as otherwise authorized by law; conversion, 
modification and extension of Federally-owned buildings; 
preliminary planning and design of projects; and operation and 
maintenance of secure work environment facilities and secure 
networking capabilities; $80,982,000, to remain available until 
expended.

                    Drug Enforcement Administration

                         salaries and expenses

    For necessary expenses of the Drug Enforcement 
Administration, including not to exceed $70,000 to meet 
unforeseen emergencies of a confidential character pursuant to 
28 U.S.C. 530C; and expenses for conducting drug education and 
training programs, including travel and related expenses for 
participants in such programs and the distribution of items of 
token value that promote the goals of such programs, 
$2,025,000,000; of which not to exceed $75,000,000 shall remain 
available until expended and not to exceed $90,000 shall be 
available for official reception and representation expenses.

                              construction

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives, for training of State and local law 
enforcement agencies with or without reimbursement, including 
training in connection with the training and acquisition of 
canines for explosives and fire accelerants detection; and for 
provision of laboratory assistance to State and local law 
enforcement agencies, with or without reimbursement, 
$1,152,000,000, of which not to exceed $36,000 shall be for 
official reception and representation expenses, not to exceed 
$1,000,000 shall be available for the payment of attorneys' 
fees as provided by section 924(d)(2) of title 18, United 
States Code, and not to exceed $15,000,000 shall remain 
available until expended:  Provided, That no funds appropriated 
herein or hereafter shall be available for salaries or 
administrative expenses in connection with consolidating or 
centralizing, within the Department of Justice, the records, or 
any portion thereof, of acquisition and disposition of firearms 
maintained by Federal firearms licensees:  Provided further, 
That no funds appropriated herein shall be used to pay 
administrative expenses or the compensation of any officer or 
employee of the United States to implement an amendment or 
amendments to 27 CFR 478.118 or to change the definition of 
``Curios or relics'' in 27 CFR 478.11 or remove any item from 
ATF Publication 5300.11 as it existed on January 1, 1994:  
Provided further, That none of the funds appropriated herein 
shall be available to investigate or act upon applications for 
relief from Federal firearms disabilities under 18 U.S.C. 
925(c):  Provided further, That such funds shall be available 
to investigate and act upon applications filed by corporations 
for relief from Federal firearms disabilities under section 
925(c) of title 18, United States Code:  Provided further, That 
no funds made available by this or any other Act may be used to 
transfer the functions, missions, or activities of the Bureau 
of Alcohol, Tobacco, Firearms and Explosives to other agencies 
or Departments:  Provided further, That, during the current 
fiscal year and in each fiscal year thereafter, no funds 
appropriated under this or any other Act may be used to 
disclose part or all of the contents of the Firearms Trace 
System database maintained by the National Trace Center of the 
Bureau of Alcohol, Tobacco, Firearms and Explosives or any 
information required to be kept by licensees pursuant to 
section 923(g) of title 18, United States Code, or required to 
be reported pursuant to paragraphs (3) and (7) of such section, 
except to: (1) a Federal, State, local, or tribal law 
enforcement agency, or a Federal, State, or local prosecutor; 
or (2) a foreign law enforcement agency solely in connection 
with or for use in a criminal investigation or prosecution; or 
(3) a Federal agency for a national security or intelligence 
purpose; unless such disclosure of such data to any of the 
entities described in (1), (2) or (3) of this proviso would 
compromise the identity of any undercover law enforcement 
officer or confidential informant, or interfere with any case 
under investigation; and no person or entity described in (1), 
(2) or (3) shall knowingly and publicly disclose such data; and 
all such data shall be immune from legal process, shall not be 
subject to subpoena or other discovery, shall be inadmissible 
in evidence, and shall not be used, relied on, or disclosed in 
any manner, nor shall testimony or other evidence be permitted 
based on the data, in a civil action in any State (including 
the District of Columbia) or Federal court or in an 
administrative proceeding other than a proceeding commenced by 
the Bureau of Alcohol, Tobacco, Firearms and Explosives to 
enforce the provisions of chapter 44 of such title, or a review 
of such an action or proceeding; except that this proviso shall 
not be construed to prevent: (A) the disclosure of statistical 
information concerning total production, importation, and 
exportation by each licensed importer (as defined in section 
921(a)(9) of such title) and licensed manufacturer (as defined 
in section 921(a)(10) of such title); (B) the sharing or 
exchange of such information among and between Federal, State, 
local, or foreign law enforcement agencies, Federal, State, or 
local prosecutors, and Federal national security, intelligence, 
or counterterrorism officials; or (C) the publication of annual 
statistical reports on products regulated by the Bureau of 
Alcohol, Tobacco, Firearms and Explosives, including total 
production, importation, and exportation by each licensed 
importer (as so defined) and licensed manufacturer (as so 
defined), or statistical aggregate data regarding firearms 
traffickers and trafficking channels, or firearms misuse, 
felons, and trafficking investigations:  Provided further, That 
no funds made available by this or any other Act shall be 
expended to promulgate or implement any rule requiring a 
physical inventory of any business licensed under section 923 
of title 18, United States Code:  Provided further, That, 
hereafter, no funds made available by this or any other Act may 
be used to electronically retrieve information gathered 
pursuant to 18 U.S.C. 923(g)(4) by name or any personal 
identification code:  Provided further, That no funds 
authorized or made available under this or any other Act may be 
used to deny any application for a license under section 923 of 
title 18, United States Code, or renewal of such a license due 
to a lack of business activity, provided that the applicant is 
otherwise eligible to receive such a license, and is eligible 
to report business income or to claim an income tax deduction 
for business expenses under the Internal Revenue Code of 1986.

                         Federal Prison System

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, including purchase (not to exceed 
835, of which 808 are for replacement only) and hire of law 
enforcement and passenger motor vehicles, and for the provision 
of technical assistance and advice on corrections related 
issues to foreign governments, $6,551,281,000:  Provided, That 
the Attorney General may transfer to the Health Resources and 
Services Administration such amounts as may be necessary for 
direct expenditures by that Administration for medical relief 
for inmates of Federal penal and correctional institutions:  
Provided further, That the Director of the Federal Prison 
System, where necessary, may enter into contracts with a fiscal 
agent or fiscal intermediary claims processor to determine the 
amounts payable to persons who, on behalf of the Federal Prison 
System, furnish health services to individuals committed to the 
custody of the Federal Prison System:  Provided further, That 
not to exceed $5,400 shall be available for official reception 
and representation expenses:  Provided further, That not to 
exceed $50,000,000 shall remain available for necessary 
operations until September 30, 2013:  Provided further, That, 
of the amounts provided for contract confinement, not to exceed 
$20,000,000 shall remain available until expended to make 
payments in advance for grants, contracts and reimbursable 
agreements, and other expenses authorized by section 501(c) of 
the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 
note), for the care and security in the United States of Cuban 
and Haitian entrants:  Provided further, That the Director of 
the Federal Prison System may accept donated property and 
services relating to the operation of the prison card program 
from a not-for-profit entity which has operated such program in 
the past notwithstanding the fact that such not-for-profit 
entity furnishes services under contracts to the Federal Prison 
System relating to the operation of pre-release services, 
halfway houses, or other custodial facilities.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and 
remodeling, and equipping of such facilities for penal and 
correctional use, including all necessary expenses incident 
thereto, by contract or force account; and constructing, 
remodeling, and equipping necessary buildings and facilities at 
existing penal and correctional institutions, including all 
necessary expenses incident thereto, by contract or force 
account, $90,000,000, to remain available until expended, of 
which not less than $66,965,000 shall be available only for 
modernization, maintenance and repair, and of which not to 
exceed $14,000,000 shall be available to construct areas for 
inmate work programs:  Provided, That labor of United States 
prisoners may be used for work performed under this 
appropriation.

                federal prison industries, incorporated

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

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $2,700,000 of the funds of the Federal Prison 
Industries, Incorporated shall be available for its 
administrative expenses, and for services as authorized by 
section 3109 of title 5, United States Code, to be computed on 
an accrual basis to be determined in accordance with the 
corporation's current prescribed accounting system, and such 
amounts shall be exclusive of depreciation, payment of claims, 
and expenditures which such accounting system requires to be 
capitalized or charged to cost of commodities acquired or 
produced, including selling and shipping expenses, and expenses 
in connection with acquisition, construction, operation, 
maintenance, improvement, protection, or disposition of 
facilities and other property belonging to the corporation or 
in which it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

    For grants, contracts, cooperative agreements, and other 
assistance for the prevention and prosecution of violence 
against women, as authorized by the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968 
Act''); the Violent Crime Control and Law Enforcement Act of 
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of 
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 
Act''); the Prosecutorial Remedies and Other Tools to end the 
Exploitation of Children Today Act of 2003 (Public Law 108-21); 
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims of 
Trafficking and Violence Protection Act of 2000 (Public Law 
106-386) (``the 2000 Act''); and the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (Public Law 
109-162) (``the 2005 Act''); and for related victims services, 
$412,500,000, to remain available until expended:  Provided, 
That except as otherwise provided by law, not to exceed 3 
percent of funds made available under this heading may be used 
for expenses related to evaluation, training, and technical 
assistance:  Provided further, That of the amount provided--
            (1) $189,000,000 is for grants to combat violence 
        against women, as authorized by part T of the 1968 Act;
            (2) $25,000,000 is for transitional housing 
        assistance grants for victims of domestic violence, 
        stalking or sexual assault as authorized by section 
        40299 of the 1994 Act;
            (3) $3,000,000 is for the National Institute of 
        Justice for research and evaluation of violence against 
        women and related issues addressed by grant programs of 
        the Office on Violence Against Women;
            (4) $10,000,000 is for a grant program to provide 
        services to advocate for and respond to youth victims 
        of domestic violence, dating violence, sexual assault, 
        and stalking; assistance to children and youth exposed 
        to such violence; programs to engage men and youth in 
        preventing such violence; and assistance to middle and 
        high school students through education and other 
        services related to such violence:  Provided, That 
        unobligated balances available for the programs 
        authorized by sections 41201, 41204, 41303 and 41305 of 
        the 1994 Act shall be available for this program:  
        Provided further, That 10 percent of the total amount 
        available for this grant program shall be available for 
        grants under the program authorized by section 2015 of 
        the 1968 Act;
            (5) $50,000,000 is for grants to encourage arrest 
        policies as authorized by part U of the 1968 Act, of 
        which $4,000,000 is for a homicide reduction 
        initiative;
            (6) $23,000,000 is for sexual assault victims 
        assistance, as authorized by section 41601 of the 1994 
        Act;
            (7) $34,000,000 is for rural domestic violence and 
        child abuse enforcement assistance grants, as 
        authorized by section 40295 of the 1994 Act;
            (8) $9,000,000 is for grants to reduce violent 
        crimes against women on campus, as authorized by 
        section 304 of the 2005 Act;
            (9) $41,000,000 is for legal assistance for 
        victims, as authorized by section 1201 of the 2000 Act;
            (10) $4,250,000 is for enhanced training and 
        services to end violence against and abuse of women in 
        later life, as authorized by section 40802 of the 1994 
        Act;
            (11) $11,500,000 is for the safe havens for 
        children program, as authorized by section 1301 of the 
        2000 Act;
            (12) $5,750,000 is for education and training to 
        end violence against and abuse of women with 
        disabilities, as authorized by section 1402 of the 2000 
        Act;
            (13) $4,500,000 is for the court training and 
        improvements program, as authorized by section 41002 of 
        the 1994 Act;
            (14) $1,000,000 is for the National Resource Center 
        on Workplace Responses to assist victims of domestic 
        violence, as authorized by section 41501 of the 1994 
        Act;
            (15) $1,000,000 is for analysis and research on 
        violence against Indian women, including as authorized 
        by section 904 of the 2005 Act; and
            (16) $500,000 is for the Office on Violence Against 
        Women to establish a national clearinghouse that 
        provides training and technical assistance on issues 
        relating to sexual assault of American Indian and 
        Alaska Native women.

                       Office of Justice Programs

                  research, evaluation, and statistics

    For grants, contracts, cooperative agreements, and other 
assistance authorized by title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (``the 1968 Act''); the Juvenile 
Justice and Delinquency Prevention Act of 1974 (``the 1974 
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 
et seq.); the Prosecutorial Remedies and Other Tools to end the 
Exploitation of Children Today Act of 2003 (Public Law 108-21); 
the Justice for All Act of 2004 (Public Law 108-405); the 
Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-
647); the Second Chance Act of 2007 (Public Law 110-199); the 
Victims of Crime Act of 1984 (Public Law 98-473); the Adam 
Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248) (``the Adam Walsh Act''); the PROTECT Our Children Act of 
2008 (Public Law 110-401); subtitle D of title II of the 
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 
Act''); and other programs; $113,000,000, to remain available 
until expended, of which--
            (1) $45,000,000 is for criminal justice statistics 
        programs, and other activities, as authorized by part C 
        of title I of the 1968 Act, of which $36,000,000 is for 
        the administration and redesign of the National Crime 
        Victimization Survey;
            (2) $40,000,000 is for research, development, and 
        evaluation programs, and other activities as authorized 
        by part B of title I of the 1968 Act and subtitle D of 
        title II of the 2002 Act:  Provided, That of the 
        amounts provided under this heading, $5,000,000 is 
        transferred directly to the National Institute of 
        Standards and Technology's Office of Law Enforcement 
        Standards from the National Institute of Justice for 
        research, testing and evaluation programs;
            (3) $1,000,000 is for an evaluation clearinghouse 
        program; and
            (4) $27,000,000 is for regional information sharing 
        activities, as authorized by part M of title I of the 
        1968 Act.

               state and local law enforcement assistance

    For grants, contracts, cooperative agreements, and other 
assistance authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
Act''); the Omnibus Crime Control and Safe Streets Act of 1968 
(``the 1968 Act''); the Justice for All Act of 2004 (Public Law 
108-405); the Victims of Child Abuse Act of 1990 (Public Law 
101-647) (``the 1990 Act''); the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164); the Violence 
Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh 
Child Protection and Safety Act of 2006 (Public Law 109-248) 
(``the Adam Walsh Act''); the Victims of Trafficking and 
Violence Protection Act of 2000 (Public Law 106-386); the NICS 
Improvement Amendments Act of 2007 (Public Law 110-180); 
subtitle D of title II of the Homeland Security Act of 2002 
(Public Law 107-296) (``the 2002 Act''); the Second Chance Act 
of 2007 (Public Law 110-199); the Prioritizing Resources and 
Organization for Intellectual Property Act of 2008 (Public Law 
110-403); the Victims of Crime Act of 1984 (Public Law 98-473); 
the Mentally Ill Offender Treatment and Crime Reduction 
Reauthorization and Improvement Act of 2008 (Public Law 110-
416); and other programs; $1,162,500,000, to remain available 
until expended as follows--
            (1) $470,000,000 for the Edward Byrne Memorial 
        Justice Assistance Grant program as authorized by 
        subpart 1 of part E of title I of the 1968 Act (except 
        that section 1001(c), and the special rules for Puerto 
        Rico under section 505(g), of title I of the 1968 Act 
        shall not apply for purposes of this Act), of which, 
        notwithstanding such subpart 1, $2,000,000 is for a 
        program to improve State and local law enforcement 
        intelligence capabilities including antiterrorism 
        training and training to ensure that constitutional 
        rights, civil liberties, civil rights, and privacy 
        interests are protected throughout the intelligence 
        process, $4,000,000 is for a State and local assistance 
        help desk and diagnostic center program, $2,000,000 is 
        for a Preventing Violence Against Law Enforcement 
        Officer Resilience and Survivability Initiative 
        (VALOR), $4,000,000 is for use by the National 
        Institute of Justice for research targeted toward 
        developing a better understanding of the domestic 
        radicalization phenomenon, and advancing evidence-based 
        strategies for effective intervention and prevention, 
        $6,000,000 is for activities related to comprehensive 
        criminal justice reform and recidivism reduction 
        efforts by States, and $100,000,000 is for law 
        enforcement and related security costs, including 
        overtime, associated with the two principal 2012 
        Presidential Candidate Nominating Conventions;
            (2) $240,000,000 for the State Criminal Alien 
        Assistance Program, as authorized by section 241(i)(5) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1231(i)(5)):  Provided, That no jurisdiction shall 
        request compensation for any cost greater than the 
        actual cost for Federal immigration and other detainees 
        housed in State and local detention facilities;
            (3) $10,000,000 for a border prosecutor initiative 
        to reimburse State, county, parish, tribal, or 
        municipal governments for costs associated with the 
        prosecution of criminal cases declined by local offices 
        of the United States Attorneys;
            (4) $15,000,000 for competitive grants to improve 
        the functioning of the criminal justice system, to 
        prevent or combat juvenile delinquency, and to assist 
        victims of crime (other than compensation);
            (5) $10,500,000 for victim services programs for 
        victims of trafficking, as authorized by section 
        107(b)(2) of Public Law 106-386 and for programs 
        authorized under Public Law 109-164;
            (6) $35,000,000 for Drug Courts, as authorized by 
        section 1001(a)(25)(A) of title I of the 1968 Act;
            (7) $9,000,000 for mental health courts and adult 
        and juvenile collaboration program grants, as 
        authorized by parts V and HH of title I of the 1968 
        Act, and the Mentally Ill Offender Treatment and Crime 
        Reduction Reauthorization and Improvement Act of 2008 
        (Public Law 110-416);
            (8) $10,000,000 for grants for Residential 
        Substance Abuse Treatment for State Prisoners, as 
        authorized by part S of title I of the 1968 Act;
            (9) $3,000,000 for the Capital Litigation 
        Improvement Grant Program, as authorized by section 426 
        of Public Law 108-405, and for grants for wrongful 
        conviction review;
            (10) $7,000,000 for economic, high technology and 
        Internet crime prevention grants, including as 
        authorized by section 401 of Public Law 110-403;
            (11) $4,000,000 for a student loan repayment 
        assistance program pursuant to section 952 of Public 
        Law 110-315;
            (12) $20,000,000 for sex offender management 
        assistance, as authorized by the Adam Walsh Act and the 
        Violent Crime Control Act of 1994 (Public Law 103-322) 
        and related activities;
            (13) $10,000,000 for an initiative relating to 
        children exposed to violence;
            (14) $15,000,000 for an Edward Byrne Memorial 
        criminal justice innovation program;
            (15) $24,000,000 for the matching grant program for 
        law enforcement armor vests, as authorized by section 
        2501 of title I of the 1968 Act:  Provided, That 
        $1,500,000 is transferred directly to the National 
        Institute of Standards and Technology's Office of Law 
        Enforcement Standards for research, testing and 
        evaluation programs;
            (16) $1,000,000 for the National Sex Offender 
        Public Web site;
            (17) $5,000,000 for competitive and evidence-based 
        programs to reduce gun crime and gang violence;
            (18) $5,000,000 for grants to assist State and 
        tribal governments as authorized by the NICS 
        Improvement Amendments Act of 2007 (Public Law 110-
        180);
            (19) $6,000,000 for the National Criminal History 
        Improvement Program for grants to upgrade criminal 
        records;
            (20) $12,000,000 for Paul Coverdell Forensic 
        Sciences Improvement Grants under part BB of title I of 
        the 1968 Act;
            (21) $125,000,000 for DNA-related and forensic 
        programs and activities, of which--
                    (A) $117,000,000 is for a DNA analysis and 
                capacity enhancement program and for other 
                local, State, and Federal forensic activities, 
                including the purposes authorized under section 
                2 of the DNA Analysis Backlog Elimination Act 
                of 2000 (the Debbie Smith DNA Backlog Grant 
                Program);
                    (B) $4,000,000 is for the purposes 
                described in the Kirk Bloodsworth Post-
                Conviction DNA Testing Program (Public Law 108-
                405, section 412); and
                    (C) $4,000,000 is for Sexual Assault 
                Forensic Exam Program Grants, including as 
                authorized by section 304 of Public Law 108-
                405;
            (22) $4,500,000 for the court-appointed special 
        advocate program, as authorized by section 217 of the 
        1990 Act;
            (23) $38,000,000 for assistance to Indian tribes;
            (24) $1,000,000 for the purposes described in the 
        Missing Alzheimer's Disease Patient Alert Program 
        (section 240001 of the 1994 Act);
            (25) $7,000,000 for a program to monitor 
        prescription drugs and scheduled listed chemical 
        products;
            (26) $12,500,000 for prison rape prevention and 
        prosecution and other programs, as authorized by the 
        Prison Rape Elimination Act of 2003 (Public Law 108-
        79); and
            (27) $63,000,000 for offender reentry programs and 
        research, as authorized by the Second Chance Act of 
        2007 (Public Law 110-199), of which not to exceed 
        $4,000,000 is for a program to improve State, local, 
        and tribal probation supervision efforts and 
        strategies:

  Provided,  That if a unit of local government uses any of the 
funds made available under this heading to increase the number 
of law enforcement officers, the unit of local government will 
achieve a net gain in the number of law enforcement officers 
who perform non-administrative public sector safety service.

                       juvenile justice programs

    For grants, contracts, cooperative agreements, and other 
assistance authorized by the Juvenile Justice and Delinquency 
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime 
Control and Safe Streets Act of 1968 (``the 1968 Act''); the 
Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 
et seq.); the Prosecutorial Remedies and Other Tools to end the 
Exploitation of Children Today Act of 2003 (Public Law 108-21); 
the Victims of Child Abuse Act of 1990 (Public Law 101-647) 
(``the 1990 Act''); the Adam Walsh Child Protection and Safety 
Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the 
PROTECT Our Children Act of 2008 (Public Law 110-401); and 
other juvenile justice programs, $262,500,000, to remain 
available until expended as follows--
            (1) $40,000,000 for programs authorized by section 
        221 of the 1974 Act, and for training and technical 
        assistance to assist small, non-profit organizations 
        with the Federal grants process;
            (2) $78,000,000 for youth mentoring grants;
            (3) $20,000,000 for delinquency prevention, as 
        authorized by section 505 of the 1974 Act, of which, 
        pursuant to sections 261 and 262 thereof--
                    (A) $10,000,000 shall be for the Tribal 
                Youth Program;
                    (B) $5,000,000 shall be for gang and youth 
                violence education, prevention and 
                intervention, and related activities; and
                    (C) $5,000,000 shall be for programs and 
                activities to enforce State laws prohibiting 
                the sale of alcoholic beverages to minors or 
                the purchase or consumption of alcoholic 
                beverages by minors, for prevention and 
                reduction of consumption of alcoholic beverages 
                by minors, and for technical assistance and 
                training;
            (4) $18,000,000 for programs authorized by the 
        Victims of Child Abuse Act of 1990;
            (5) $30,000,000 for the Juvenile Accountability 
        Block Grants program as authorized by part R of title I 
        of the 1968 Act and Guam shall be considered a State;
            (6) $8,000,000 for community-based violence 
        prevention initiatives;
            (7) $65,000,000 for missing and exploited children 
        programs, including as authorized by sections 404(b) 
        and 405(a) of the 1974 Act;
            (8) $1,500,000 for child abuse training programs 
        for judicial personnel and practitioners, as authorized 
        by section 222 of the 1990 Act; and
            (9) $2,000,000 for grants and technical assistance 
        in support of the National Forum on Youth Violence 
        Prevention:
  Provided, That not more than 10 percent of each amount may be 
used for research, evaluation, and statistics activities 
designed to benefit the programs or activities authorized:  
Provided further, That not more than 2 percent of each amount 
may be used for training and technical assistance:  Provided 
further, That the previous two provisos shall not apply to 
grants and projects authorized by sections 261 and 262 of the 
1974 Act.

                     public safety officer benefits

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

                  Community Oriented Policing Services

             community oriented policing services programs

    For activities authorized by the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus 
Crime Control and Safe Streets Act of 1968 (``the 1968 Act''); 
and the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
Act''), $198,500,000, to remain available until expended:  
Provided, That any balances made available through prior year 
deobligations shall only be available in accordance with 
section 505 of this Act. Of the amount provided:
            (1) $12,500,000 is for anti-methamphetamine-related 
        activities, which shall be transferred to the Drug 
        Enforcement Administration upon enactment of this Act;
            (2) $20,000,000 is for improving tribal law 
        enforcement, including hiring, equipment, training, and 
        anti-methamphetamine activities; and
            (3) $166,000,000 is for grants under section 1701 
        of title I of the 1968 Act (42 U.S.C. 3796dd) for the 
        hiring and rehiring of additional career law 
        enforcement officers under part Q of such title 
        notwithstanding subsection (i) of such section:  
        Provided, That notwithstanding subsection (g) of the 
        1968 Act (42 U.S.C. 3796dd), the Federal share of the 
        costs of a project funded by such grants may not exceed 
        75 percent unless the Director of the Office of 
        Community Oriented Policing Services waives, wholly or 
        in part, the requirement of a non-Federal contribution 
        to the costs of a project:  Provided further, That 
        notwithstanding 42 U.S.C. 3796dd-3(c), funding for 
        hiring or rehiring a career law enforcement officer may 
        not exceed $125,000, unless the Director of the Office 
        of Community Oriented Policing Services grants a waiver 
        from this limitation:  Provided further, That within 
        the amounts appropriated, $15,000,000 shall be 
        transferred to the Tribal Resources Grant Program to be 
        used for improving tribal law enforcement, including 
        hiring, equipment, training, and anti-methamphetamine 
        activities:  Provided further, That within the amounts 
        appropriated, $10,000,000 is for community policing 
        development activities in furtherance of the purposes 
        in section 1701.

               General Provisions--Department of Justice

    Sec. 201.  In addition to amounts otherwise made available 
in this title for official reception and representation 
expenses, a total of not to exceed $50,000 from funds 
appropriated to the Department of Justice in this title shall 
be available to the Attorney General for official reception and 
representation expenses.
    Sec. 202.  None of the funds appropriated by this title 
shall be available to pay for an abortion, except where the 
life of the mother would be endangered if the fetus were 
carried to term, or in the case of rape:  Provided, That should 
this prohibition be declared unconstitutional by a court of 
competent jurisdiction, this section shall be null and void.
    Sec. 203.  None of the funds appropriated under this title 
shall be used to require any person to perform, or facilitate 
in any way the performance of, any abortion.
    Sec. 204.  Nothing in the preceding section shall remove 
the obligation of the Director of the Bureau of Prisons to 
provide escort services necessary for a female inmate to 
receive such service outside the Federal facility:  Provided, 
That nothing in this section in any way diminishes the effect 
of section 203 intended to address the philosophical beliefs of 
individual employees of the Bureau of Prisons.
    Sec. 205.  Not to exceed 5 percent of any appropriation 
made available for the current fiscal year for the Department 
of Justice in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 
percent by any such transfers:  Provided, That any transfer 
pursuant to this section shall be treated as a reprogramming of 
funds under section 505 of this Act and shall not be available 
for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 206.  The Attorney General is authorized to extend 
through September 30, 2013, the Personnel Management 
Demonstration Project transferred to the Attorney General 
pursuant to section 1115 of the Homeland Security Act of 2002, 
Public Law 107-296 (28 U.S.C. 599B) without limitation on the 
number of employees or the positions covered.
    Sec. 207.  Notwithstanding any other provision of law, 
Public Law 102-395 section 102(b) shall extend to the Bureau of 
Alcohol, Tobacco, Firearms and Explosives in the conduct of 
undercover investigative operations and shall apply without 
fiscal year limitation with respect to any undercover 
investigative operation by the Bureau of Alcohol, Tobacco, 
Firearms and Explosives that is necessary for the detection and 
prosecution of crimes against the United States.
    Sec. 208.  None of the funds made available to the 
Department of Justice in this Act may be used for the purpose 
of transporting an individual who is a prisoner pursuant to 
conviction for crime under State or Federal law and is 
classified as a maximum or high security prisoner, other than 
to a prison or other facility certified by the Federal Bureau 
of Prisons as appropriately secure for housing such a prisoner.
    Sec. 209. (a) None of the funds appropriated by this Act 
may be used by Federal prisons to purchase cable television 
services, to rent or purchase videocassettes, videocassette 
recorders, or other audiovisual or electronic equipment used 
primarily for recreational purposes.
    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment 
for inmate training, religious, or educational programs.
    Sec. 210.  None of the funds made available under this 
title shall be obligated or expended for any new or enhanced 
information technology program having total estimated 
development costs in excess of $100,000,000, unless the Deputy 
Attorney General and the investment review board certify to the 
Committees on Appropriations that the information technology 
program has appropriate program management controls and 
contractor oversight mechanisms in place, and that the program 
is compatible with the enterprise architecture of the 
Department of Justice.
    Sec. 211.  The notification thresholds and procedures set 
forth in section 505 of this Act shall apply to deviations from 
the amounts designated for specific activities in this Act and 
accompanying statement, and to any use of deobligated balances 
of funds provided under this title in previous years.
    Sec. 212.  None of the funds appropriated by this Act may 
be used to plan for, begin, continue, finish, process, or 
approve a public-private competition under the Office of 
Management and Budget Circular A-76 or any successor 
administrative regulation, directive, or policy for work 
performed by employees of the Bureau of Prisons or of Federal 
Prison Industries, Incorporated.
    Sec. 213. (a) Within 120 days of enactment of this Act, the 
Attorney General shall report to the Committees on 
Appropriations of the House of Representatives and the Senate a 
cost and schedule estimate for the final operating capability 
of the Federal Bureau of Investigation's Sentinel program, 
including the costs of Bureau employees engaged in development 
work, the costs of operating and maintaining Sentinel for 2 
years after achievement of the final operating capability, and 
a detailed list of the functionalities included in the final 
operating capability compared to the functionalities included 
in the previous program baseline.
    (b) The report described in subsection (a) shall be 
submitted concurrently to the Department of Justice Office of 
Inspector General (OIG) and, within 60 days of receiving such 
report, the OIG shall provide an assessment of such report to 
the Committees on Appropriations of the House of 
Representatives and the Senate.
    Sec. 214.  Notwithstanding any other provision of law, no 
funds shall be available for the salary, benefits, or expenses 
of any United States Attorney assigned dual or additional 
responsibilities by the Attorney General or his designee that 
exempt that United States Attorney from the residency 
requirements of 28 U.S.C. 545.
    Sec. 215.  At the discretion of the Attorney General, and 
in addition to any amounts that otherwise may be available (or 
authorized to be made available) by law, with respect to funds 
appropriated by this title under the headings ``Research, 
Evaluation, and Statistics'', ``State and Local Law Enforcement 
Assistance'', and ``Juvenile Justice Programs''--
            (1) Up to 3 percent of funds made available to the 
        Office of Justice Programs for grant or reimbursement 
        programs may be used by such Office to provide training 
        and technical assistance; and
            (2) Up to 2 percent of funds made available for 
        grant or reimbursement programs under such headings, 
        except for amounts appropriated specifically for 
        research, evaluation, or statistical programs 
        administered by the National Institute of Justice and 
        the Bureau of Justice Statistics, shall be transferred 
        to and merged with funds provided to the National 
        Institute of Justice and the Bureau of Justice 
        Statistics, to be used by them for research, evaluation 
        or statistical purposes, without regard to the 
        authorizations for such grant or reimbursement 
        programs, and of such amounts, $1,300,000 shall be 
        transferred to the Bureau of Prisons for Federal inmate 
        research and evaluation purposes.
    Sec. 216.  The Attorney General may, upon request by a 
grantee and based upon a determination of fiscal hardship, 
waive the requirements of sections 2976(g)(1), 2978(e)(1) and 
(2), and 2904 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3797w(g)(1), 3797w-2(e)(1) and 
(2), 3797q-3) with respect to funds appropriated in this or any 
other Act making appropriations for fiscal years 2010 through 
2012 for Adult and Juvenile Offender State and Local Reentry 
Demonstration Projects and State, Tribal, and Local Reentry 
Courts authorized under part FF of title I of such Act of 1968, 
and the Prosecution Drug Treatment Alternatives to Prison 
Program authorized under part CC of such Act.
    Sec. 217.  Notwithstanding any other provision of law, 
section 20109(a), in subtitle A of title II of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
13709(a)), shall not apply to amounts made available by this 
title.
    Sec. 218.  Section 530A of title 28, United States Code, is 
hereby amended by replacing ``appropriated'' with ``used from 
appropriations'', and by inserting ``(2),'' before ``(3)''.
    Sec. 219.  None of the funds made available under this Act, 
other than for the national instant criminal background check 
system established under section 103 of the Brady Handgun 
Violence Prevention Act, may be used by a Federal law 
enforcement officer to facilitate the transfer of an operable 
firearm to an individual if the Federal law enforcement officer 
knows or suspects that the individual is an agent of a drug 
cartel, unless law enforcement personnel of the United States 
continuously monitor or control the firearm at all times.
    Sec. 220.  The Attorney General shall identify an 
independent auditor to evaluate the Gulf Coast Claims Facility.
    Sec. 221.  Section 1761 of title 18, United States Code, is 
amended--
            (1) by striking ``non-Federal'' in subsection 
        (c)(1);
            (2) by redesignating subsection (d) as subsection 
        (e); and
            (3) by inserting after subsection (c) the following 
        new subsection:
    ``(d) This section shall not apply to goods, wares, or 
merchandise manufactured, produced, mined or assembled by 
convicts or prisoners who are participating in any pilot 
project approved by the FPI Board of Directors, which are 
currently, or would otherwise be, manufactured, produced, 
mined, or assembled outside the United States.''.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2012''.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

    For necessary expenses of the Office of Science and 
Technology Policy, in carrying out the purposes of the National 
Science and Technology Policy, Organization, and Priorities Act 
of 1976 (42 U.S.C. 6601-6671), hire of passenger motor 
vehicles, and services as authorized by 5 U.S.C. 3109, not to 
exceed $2,250 for official reception and representation 
expenses, and rental of conference rooms in the District of 
Columbia, $4,500,000.

             National Aeronautics and Space Administration

                                science

    For necessary expenses, not otherwise provided for, in the 
conduct and support of science research and development 
activities, including research, development, operations, 
support, and services; maintenance and repair, facility 
planning and design; space flight, spacecraft control, and 
communications activities; program management; personnel and 
related costs, including uniforms or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and 
hire of passenger motor vehicles; and purchase, lease, charter, 
maintenance, and operation of mission and administrative 
aircraft, $5,090,000,000, to remain available until September 
30, 2013, of which up to $10,000,000 shall be available for a 
reimbursable agreement with the Department of Energy for the 
purpose of re-establishing facilities to produce fuel required 
for radioisotope thermoelectric generators to enable future 
missions:  Provided, That NASA shall implement the 
recommendations of the most recent National Research Council 
planetary decadal survey and shall follow the decadal survey's 
recommended decision rules regarding program implementation, 
including a strict adherence to the recommendation that NASA 
include in a balanced program a flagship class mission, which 
may be executed in cooperation with one or more international 
partners, if such mission can be appropriately de-scoped and 
all NASA costs for such mission can be accommodated within the 
overall funding levels appropriated by Congress:  Provided 
further, That the formulation and development costs (with 
development cost as defined under 51 U.S.C. 30104) for the 
James Webb Space Telescope shall not exceed $8,000,000,000:  
Provided further, That should the individual identified under 
subparagraph (c)(2)(E) of section 30104 of title 51 as 
responsible for the James Webb Space Telescope determine that 
the development cost of the program is likely to exceed that 
limitation, the individual shall immediately notify the 
Administrator and the increase shall be treated as if it meets 
the 30 percent threshold described in subsection (f) of section 
30104 of title 51.

                              aeronautics

    For necessary expenses, not otherwise provided for, in the 
conduct and support of aeronautics research and development 
activities, including research, development, operations, 
support, and services; maintenance and repair, facility 
planning and design; space flight, spacecraft control, and 
communications activities; program management; personnel and 
related costs, including uniforms or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and 
hire of passenger motor vehicles; and purchase, lease, charter, 
maintenance, and operation of mission and administrative 
aircraft, $569,900,000, to remain available until September 30, 
2013.

                            space technology

    For necessary expenses, not otherwise provided for, in the 
conduct and support of space research and technology 
development activities, including research, development, 
operations, support, and services; maintenance and repair, 
facility planning and design; space flight, spacecraft control, 
and communications activities; program management; personnel 
and related costs, including uniforms or allowances therefor, 
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase 
and hire of passenger motor vehicles; and purchase, lease, 
charter, maintenance, and operation of mission and 
administrative aircraft, $575,000,000, to remain available 
until September 30, 2013.

                              exploration

    For necessary expenses, not otherwise provided for, in the 
conduct and support of exploration research and development 
activities, including research, development, operations, 
support, and services; maintenance and repair, facility 
planning and design; space flight, spacecraft control, and 
communications activities; program management; personnel and 
related costs, including uniforms or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and 
hire of passenger motor vehicles; and purchase, lease, charter, 
maintenance, and operation of mission and administrative 
aircraft, $3,770,800,000, to remain available until September 
30, 2013:  Provided, That not less than $1,200,000,000 shall be 
for the Orion multipurpose crew vehicle, not less than 
$1,860,000,000 shall be for the heavy lift launch vehicle 
system which shall have a lift capability not less than 130 
tons and which shall have an upper stage and other core 
elements developed simultaneously, $406,000,000 shall be for 
commercial spaceflight activities, and $304,800,000 shall be 
for exploration research and development:  Provided further, 
That not to exceed $316,500,000 of funds provided for the heavy 
lift launch vehicle system may be used for ground operations:  
Provided further, That $100,000,000 of the funds provided for 
commercial spaceflight activities shall only be available after 
the NASA Administrator certifies to the Committees on 
Appropriations, in writing, that NASA has published the 
required notifications of NASA contract actions implementing 
the acquisition strategy for the heavy lift launch vehicle 
system identified in section 302 of Public Law 111-267 and has 
begun to execute relevant contract actions in support of 
development of the heavy lift launch vehicle system:  Provided 
further, That not to exceed $58,000,000 may be transferred to 
``Construction and Environmental Compliance and Restoration'' 
for construction activities related to the Orion multipurpose 
crew vehicle and the heavy lift launch vehicle system:  
Provided further, That funds so transferred shall not be 
subject to the 10 percent transfer limitation described in the 
Administrative Provisions in this Act for the National 
Aeronautics and Space Administration and shall be treated as a 
reprogramming under section 505 of this Act.

                            space operations

    For necessary expenses, not otherwise provided for, in the 
conduct and support of space operations research and 
development activities, including research, development, 
operations, support and services; space flight, spacecraft 
control and communications activities, including operations, 
production, and services; maintenance and repair, facility 
planning and design; program management; personnel and related 
costs, including uniforms or allowances therefor, as authorized 
by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of 
passenger motor vehicles; and purchase, lease, charter, 
maintenance and operation of mission and administrative 
aircraft, $4,233,600,000, to remain available until September 
30, 2013:  Provided, That not to exceed $41,000,000 may be 
transferred to ``Construction and Environmental Compliance and 
Restoration'' for construction activities only at NASA-owned 
facilities:  Provided further, That funds so transferred shall 
not be subject to the 10 percent transfer limitation described 
in the Administrative Provisions in this Act for the National 
Aeronautics and Space Administration and shall be treated as a 
reprogramming under section 505 of this Act:  Provided further, 
That acquisition of the Tracking and Data Relay Satellite-M may 
be funded incrementally in fiscal year 2012 and thereafter.

                               education

    For necessary expenses, not otherwise provided for, in 
carrying out aerospace and aeronautical education research and 
development activities, including research, development, 
operations, support, and services; program management; 
personnel and related costs, including uniforms or allowances 
therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; 
purchase and hire of passenger motor vehicles; and purchase, 
lease, charter, maintenance, and operation of mission and 
administrative aircraft, $138,400,000, to remain available 
until September 30, 2013, of which $18,400,000 shall be for the 
Experimental Program to Stimulate Competitive Research and 
$40,000,000 shall be for the National Space Grant College 
program.

                          cross agency support

    For necessary expenses, not otherwise provided for, in the 
conduct and support of science, aeronautics, exploration, space 
operations and education research and development activities, 
including research, development, operations, support, and 
services; maintenance and repair, facility planning and design; 
space flight, spacecraft control, and communications 
activities; program management; personnel and related costs, 
including uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902; travel expenses; purchase and hire of 
passenger motor vehicles; not to exceed $63,000 for official 
reception and representation expenses; and purchase, lease, 
charter, maintenance, and operation of mission and 
administrative aircraft, $2,995,000,000, to remain available 
until September 30, 2013, of which $1,000,000 shall be 
transferred to ``National Aeronautics and Space Administration, 
Office of Inspector General'' and used by the Inspector General 
to commission a comprehensive independent assessment of NASA's 
strategic direction and agency management:  Provided, That not 
less than $39,100,000 shall be available for independent 
verification and validation activities.

       construction and environmental compliance and restoration

    For necessary expenses for construction of facilities 
including repair, rehabilitation, revitalization, and 
modification of facilities, construction of new facilities and 
additions to existing facilities, facility planning and design, 
and restoration, and acquisition or condemnation of real 
property, as authorized by law, and environmental compliance 
and restoration, $390,000,000, to remain available until 
September 30, 2017:  Provided, That hereafter, notwithstanding 
section 315 of the National Aeronautics and Space Act of 1958 
(42 U.S.C. 2459j), all proceeds from leases entered into under 
that section shall be deposited into this account and shall be 
available for a period of 5 years, to the extent provided in 
annual appropriations Acts:  Provided further, That such 
proceeds shall be available for obligation for fiscal year 2012 
in an amount not to exceed $3,960,000:  Provided further, That 
each annual budget request shall include an annual estimate of 
gross receipts and collections and proposed use of all funds 
collected pursuant to section 315 of the National Aeronautics 
and Space Act of 1958 (42 U.S.C. 2459j).

                      office of inspector general

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

                       administrative provisions

    Funds for announced prizes otherwise authorized shall 
remain available, without fiscal year limitation, until the 
prize is claimed or the offer is withdrawn.
    Not to exceed 5 percent of any appropriation made available 
for the current fiscal year for the National Aeronautics and 
Space Administration in this Act may be transferred between 
such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more 
than 10 percent by any such transfers. Balances so transferred 
shall be merged with and available for the same purposes and 
the same time period as the appropriations to which 
transferred. Any transfer pursuant to this provision shall be 
treated as a reprogramming of funds under section 505 of this 
Act and shall not be available for obligation except in 
compliance with the procedures set forth in that section.
    The unexpired balances of previous accounts, for activities 
for which funds are provided under this Act, may be transferred 
to the new accounts established in this Act that provide such 
activity. Balances so transferred shall be merged with the 
funds in the newly established accounts, but shall be available 
under the same terms, conditions and period of time as 
previously appropriated.
    Section 40902 of title 51, United States Code, is amended 
by adding at the end the following:
    ``(d) Availability of Funds.--The interest accruing from 
the National Aeronautics and Space Administration Endeavor 
Teacher Fellowship Trust Fund principal shall be available in 
fiscal year 2012 for the purpose of the Endeavor Science 
Teacher Certificate Program.''.
    51 U.S.C. 20145(b)(1) is amended by inserting ``(A)'' 
before ``A person'' and by adding at the end thereof the 
following new subparagraph (B) as follows:
                    ``(B) Notwithstanding subparagraph (A), the 
                Administrator may accept in-kind consideration 
                for leases entered into for the purpose of 
                developing renewable energy production 
                facilities.''.
    The spending plan required by section 538 of this Act shall 
be provided by NASA at the theme, program, project and activity 
level. The spending plan, as well as any subsequent change of 
an amount established in that spending plan that meets the 
notification requirements of section 505 of this Act, shall be 
treated as a reprogramming under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.

                      National Science Foundation

                    research and related activities

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and 
the Act to establish a National Medal of Science (42 U.S.C. 
1880-1881); services as authorized by 5 U.S.C. 3109; 
maintenance and operation of aircraft and purchase of flight 
services for research support; acquisition of aircraft; and 
authorized travel; $5,719,000,000, to remain available until 
September 30, 2013, of which not to exceed $550,000,000 shall 
remain available until expended for polar research and 
operations support, and for reimbursement to other Federal 
agencies for operational and science support and logistical and 
other related activities for the United States Antarctic 
program:  Provided, That receipts for scientific support 
services and materials furnished by the National Research 
Centers and other National Science Foundation supported 
research facilities may be credited to this appropriation:  
Provided further, That not less than $150,900,000 shall be 
available for activities authorized by section 
7002(c)(2)(A)(iv) of Public Law 110-69:  Provided further, That 
up to $50,000,000 of funds made available under this heading 
within this Act may be transferred to ``Major Research 
Equipment and Facilities Construction'':  Provided further, 
That funds so transferred shall not be subject to the transfer 
limitations described in the Administrative Provisions in this 
Act for the National Science Foundation, and shall be available 
until expended only after notification of such transfer to the 
Committees on Appropriations.

          major research equipment and facilities construction

    For necessary expenses for the acquisition, construction, 
commissioning, and upgrading of major research equipment, 
facilities, and other such capital assets pursuant to the 
National Science Foundation Act of 1950, as amended (42 U.S.C. 
1861-1875), including authorized travel, $167,055,000, to 
remain available until expended: Provided, That none of the 
funds may be used to reimburse the Judgment Fund.

                     education and human resources

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

                 agency operations and award management

    For agency operations and award management necessary in 
carrying out the National Science Foundation Act of 1950, as 
amended (42 U.S.C. 1861-1875); services authorized by 5 U.S.C. 
3109; hire of passenger motor vehicles; not to exceed $8,280 
for official reception and representation expenses; uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
rental of conference rooms in the District of Columbia; and 
reimbursement of the Department of Homeland Security for 
security guard services; $299,400,000:  Provided, That 
contracts may be entered into under this heading in fiscal year 
2012 for maintenance and operation of facilities, and for other 
services, to be provided during the next fiscal year.

                  office of the national science board

    For necessary expenses (including payment of salaries, 
authorized travel, hire of passenger motor vehicles, the rental 
of conference rooms in the District of Columbia, and the 
employment of experts and consultants under section 3109 of 
title 5, United States Code) involved in carrying out section 4 
of the National Science Foundation Act of 1950, as amended (42 
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), 
$4,440,000:  Provided, That not to exceed $2,500 shall be 
available for official reception and representation expenses.

                      office of inspector general

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

                        administrative provision

    Not to exceed 5 percent of any appropriation made available 
for the current fiscal year for the National Science Foundation 
in this Act may be transferred between such appropriations, but 
no such appropriation shall be increased by more than 15 
percent by any such transfers. Any transfer pursuant to this 
section shall be treated as a reprogramming of funds under 
section 505 of this Act and shall not be available for 
obligation except in compliance with the procedures set forth 
in that section.
     This title may be cited as the ``Science Appropriations 
Act, 2012''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Commission on Civil Rights, 
including hire of passenger motor vehicles, $9,193,000:  
Provided, That none of the funds appropriated in this paragraph 
shall be used to employ in excess of four full-time individuals 
under Schedule C of the Excepted Service exclusive of one 
special assistant for each Commissioner:  Provided further, 
That none of the funds appropriated in this paragraph shall be 
used to reimburse Commissioners for more than 75 billable days, 
with the exception of the chairperson, who is permitted 125 
billable days:  Provided further, That none of the funds 
appropriated in this paragraph shall be used for any activity 
or expense that is not explicitly authorized by 42 U.S.C. 
1975a:  Provided further, That there shall be an Inspector 
General at the Commission on Civil Rights who shall have the 
duties, responsibilities, and authorities specified in the 
Inspector General Act of 1978, as amended:  Provided further, 
That an individual appointed to the position of Inspector 
General of the Government Accountability Office (GAO) shall, by 
virtue of such appointment, also hold the position of Inspector 
General of the Commission on Civil Rights:  Provided further, 
That the Inspector General of the Commission on Civil Rights 
shall utilize personnel of the Office of Inspector General of 
GAO in performing the duties of the Inspector General of the 
Commission on Civil Rights, and shall not appoint any 
individuals to positions within the Commission on Civil Rights: 
 Provided further, That of the amounts made available in this 
paragraph, $250,000 shall be transferred directly to the Office 
of Inspector General of GAO upon enactment of this Act for 
salaries and expenses necessary to carry out the duties of the 
Inspector General of the Commission on Civil Rights.

                Equal Employment Opportunity Commission

                         salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act 
of 1964, the Age Discrimination in Employment Act of 1967, the 
Equal Pay Act of 1963, the Americans with Disabilities Act of 
1990, the Civil Rights Act of 1991, the Genetic Information 
Non-Discrimination Act (GINA) of 2008 (Public Law 110-233), the 
ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly 
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including 
services as authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary 
awards to private citizens; and $29,500,000 for payments to 
State and local enforcement agencies for authorized services to 
the Commission, $360,000,000:  Provided, That the Commission is 
authorized to make available for official reception and 
representation expenses not to exceed $2,250 from available 
funds:  Provided further, That the Commission may take no 
action to implement any workforce repositioning, restructuring, 
or reorganization until such time as the Committees on 
Appropriations have been notified of such proposals, in 
accordance with the reprogramming requirements of section 505 
of this Act:  Provided further, That the Chair is authorized to 
accept and use any gift or donation to carry out the work of 
the Commission.

                     International Trade Commission

                         salaries and expenses

    For necessary expenses of the International Trade 
Commission, including hire of passenger motor vehicles, and 
services as authorized by 5 U.S.C. 3109, and not to exceed 
$2,250 for official reception and representation expenses, 
$80,000,000, to remain available until expended.

                       Legal Services Corporation

               payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out 
the purposes of the Legal Services Corporation Act of 1974, 
$348,000,000, of which $322,400,000 is for basic field programs 
and required independent audits; $4,200,000 is for the Office 
of Inspector General, of which such amounts as may be necessary 
may be used to conduct additional audits of recipients; 
$17,000,000 is for management and grants oversight; $3,400,000 
is for client self-help and information technology; and 
$1,000,000 is for loan repayment assistance:  Provided, That 
the Legal Services Corporation may continue to provide locality 
pay to officers and employees at a rate no greater than that 
provided by the Federal Government to Washington, DC-based 
employees as authorized by 5 U.S.C. 5304, notwithstanding 
section 1005(d) of the Legal Services Corporation Act, 42 
U.S.C. 2996(d):  Provided further, That the authorities 
provided in section 205 of this Act shall be applicable to the 
Legal Services Corporation.

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal 
Services Corporation shall be expended for any purpose 
prohibited or limited by, or contrary to any of the provisions 
of, sections 501, 502, 503, 504, 505, and 506 of Public Law 
105-119, and all funds appropriated in this Act to the Legal 
Services Corporation shall be subject to the same terms and 
conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be 
deemed to refer instead to 2011 and 2012, respectively.

                        Marine Mammal Commission

                         salaries and expenses

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

            Office of the United States Trade Representative

                         salaries and expenses

    For necessary expenses of the Office of the United States 
Trade Representative, including the hire of passenger motor 
vehicles and the employment of experts and consultants as 
authorized by 5 U.S.C. 3109, $51,251,000, of which $1,000,000 
shall remain available until expended:  Provided, That not to 
exceed $111,600 shall be available for official reception and 
representation expenses.

                        State Justice Institute

                         salaries and expenses

    For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 
1984 (42 U.S.C. 10701 et seq.) $5,121,000, of which $500,000 
shall remain available until September 30, 2013:  Provided, 
That not to exceed $2,250 shall be available for official 
reception and representation expenses.

                                TITLE V

                           GENERAL PROVISIONS

                        (including rescissions)

    Sec. 501.  No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not 
authorized by the Congress.
    Sec. 502.  No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 503.  The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts 
where such expenditures are a matter of public record and 
available for public inspection, except where otherwise 
provided under existing law, or under existing Executive order 
issued pursuant to existing law.
    Sec. 504.  If any provision of this Act or the application 
of such provision to any person or circumstances shall be held 
invalid, the remainder of the Act and the application of each 
provision to persons or circumstances other than those as to 
which it is held invalid shall not be affected thereby.
    Sec. 505.  None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies 
funded by this Act that remain available for obligation or 
expenditure in fiscal year 2012, or provided from any accounts 
in the Treasury of the United States derived by the collection 
of fees available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a reprogramming 
of funds that: (1) creates or initiates a new program, project 
or activity; (2) eliminates a program, project or activity; (3) 
increases funds or personnel by any means for any project or 
activity for which funds have been denied or restricted; (4) 
relocates an office or employees; (5) reorganizes or renames 
offices, programs or activities; (6) contracts out or 
privatizes any functions or activities presently performed by 
Federal employees; (7) augments existing programs, projects or 
activities in excess of $500,000 or 10 percent, whichever is 
less, or reduces by 10 percent funding for any program, project 
or activity, or numbers of personnel by 10 percent; or (8) 
results from any general savings, including savings from a 
reduction in personnel, which would result in a change in 
existing programs, projects or activities as approved by 
Congress; unless the House and Senate Committees on 
Appropriations are notified 15 days in advance of such 
reprogramming of funds.
    Sec. 506.  During the current fiscal year and in each 
fiscal year thereafter, none of the funds made available in 
this or any other Act may be used to implement, administer, or 
enforce any guidelines of the Equal Employment Opportunity 
Commission covering harassment based on religion, when it is 
made known to the Federal entity or official to which such 
funds are made available that such guidelines do not differ in 
any respect from the proposed guidelines published by the 
Commission on October 1, 1993 (58 Fed. Reg. 51266).
    Sec. 507. (a) If it has been finally determined by a court 
or Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription 
with the same meaning, to any product sold in or shipped to the 
United States that is not made in the United States, the person 
shall be ineligible to receive any contract or subcontract made 
with funds made available in this Act, pursuant to the 
debarment, suspension, and ineligibility procedures described 
in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    (b)(1) To the extent practicable, with respect to 
authorized purchases of promotional items, funds made available 
by this Act shall be used to purchase items that are 
manufactured, produced, or assembled in the United States, its 
territories or possessions.
    (2) The term ``promotional items'' has the meaning given 
the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
    Sec. 508. (a) The Departments of Commerce and Justice, the 
National Science Foundation, and the National Aeronautics and 
Space Administration shall provide to the Committees on 
Appropriations of the House of Representatives and the Senate a 
quarterly report on the status of balances of appropriations at 
the account level. For unobligated, uncommitted balances and 
unobligated, committed balances the quarterly reports shall 
separately identify the amounts attributable to each source 
year of appropriation from which the balances were derived. For 
balances that are obligated, but unexpended, the quarterly 
reports shall separately identify amounts by the year of 
obligation.
    (b) The report described in subsection (a) shall be 
submitted within 30 days of the end of the first quarter of 
fiscal year 2012, and subsequent reports shall be submitted 
within 30 days of the end of each quarter thereafter.
    (c) If a department or agency is unable to fulfill any 
aspect of a reporting requirement described in subsection (a) 
due to a limitation of a current accounting system, the 
department or agency shall fulfill such aspect to the maximum 
extent practicable under such accounting system and shall 
identify and describe in each quarterly report the extent to 
which such aspect is not fulfilled.
    Sec. 509.  Any costs incurred by a department or agency 
funded under this Act resulting from, or to prevent, personnel 
actions taken in response to funding reductions included in 
this Act shall be absorbed within the total budgetary resources 
available to such department or agency:  Provided, That the 
authority to transfer funds between appropriations accounts as 
may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act:  
Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 505 
of this Act and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth 
in that section.
    Sec. 510.  None of the funds provided by this Act shall be 
available to promote the sale or export of tobacco or tobacco 
products, or to seek the reduction or removal by any foreign 
country of restrictions on the marketing of tobacco or tobacco 
products, except for restrictions which are not applied equally 
to all tobacco or tobacco products of the same type.
    Sec. 511.  Hereafter, none of the funds appropriated 
pursuant to this Act or any other provision of law may be used 
for--
            (1) the implementation of any tax or fee in 
        connection with the implementation of subsection 922(t) 
        of title 18, United States Code; and
            (2) any system to implement subsection 922(t) of 
        title 18, United States Code, that does not require and 
        result in the destruction of any identifying 
        information submitted by or on behalf of any person who 
        has been determined not to be prohibited from 
        possessing or receiving a firearm no more than 24 hours 
        after the system advises a Federal firearms licensee 
        that possession or receipt of a firearm by the 
        prospective transferee would not violate subsection (g) 
        or (n) of section 922 of title 18, United States Code, 
        or State law.
    Sec. 512.  Notwithstanding any other provision of law, 
amounts deposited or available in the Fund established under 42 
U.S.C. 10601 in any fiscal year in excess of $705,000,000 shall 
not be available for obligation until the following fiscal 
year.
    Sec. 513.  None of the funds made available to the 
Department of Justice in this Act may be used to discriminate 
against or denigrate the religious or moral beliefs of students 
who participate in programs for which financial assistance is 
provided from those funds, or of the parents or legal guardians 
of such students.
    Sec. 514.  None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in, this Act or any 
other appropriations Act.
    Sec. 515.  Any funds provided in this Act used to implement 
E-Government Initiatives shall be subject to the procedures set 
forth in section 505 of this Act.
    Sec. 516. (a) Tracing studies conducted by the Bureau of 
Alcohol, Tobacco, Firearms and Explosives are released without 
adequate disclaimers regarding the limitations of the data.
    (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 
shall include in all such data releases, language similar to 
the following that would make clear that trace data cannot be 
used to draw broad conclusions about firearms-related crime:
            (1) Firearm traces are designed to assist law 
        enforcement authorities in conducting investigations by 
        tracking the sale and possession of specific firearms. 
        Law enforcement agencies may request firearms traces 
        for any reason, and those reasons are not necessarily 
        reported to the Federal Government. Not all firearms 
        used in crime are traced and not all firearms traced 
        are used in crime.
            (2) Firearms selected for tracing are not chosen 
        for purposes of determining which types, makes, or 
        models of firearms are used for illicit purposes. The 
        firearms selected do not constitute a random sample and 
        should not be considered representative of the larger 
        universe of all firearms used by criminals, or any 
        subset of that universe. Firearms are normally traced 
        to the first retail seller, and sources reported for 
        firearms traced do not necessarily represent the 
        sources or methods by which firearms in general are 
        acquired for use in crime.
    Sec. 517. (a) The Inspectors General of the Department of 
Commerce, the Department of Justice, the National Aeronautics 
and Space Administration, the National Science Foundation, and 
the Legal Services Corporation shall conduct audits, pursuant 
to the Inspector General Act (5 U.S.C. App.), of grants or 
contracts for which funds are appropriated by this Act, and 
shall submit reports to Congress on the progress of such 
audits, which may include preliminary findings and a 
description of areas of particular interest, within 180 days 
after initiating such an audit and every 180 days thereafter 
until any such audit is completed.
    (b) Within 60 days after the date on which an audit 
described in subsection (a) by an Inspector General is 
completed, the Secretary, Attorney General, Administrator, 
Director, or President, as appropriate, shall make the results 
of the audit available to the public on the Internet website 
maintained by the Department, Administration, Foundation, or 
Corporation, respectively. The results shall be made available 
in redacted form to exclude--
            (1) any matter described in section 552(b) of title 
        5, United States Code; and
            (2) sensitive personal information for any 
        individual, the public access to which could be used to 
        commit identity theft or for other inappropriate or 
        unlawful purposes.
    (c) A grant or contract funded by amounts appropriated by 
this Act may not be used for the purpose of defraying the costs 
of a banquet or conference that is not directly and 
programmatically related to the purpose for which the grant or 
contract was awarded, such as a banquet or conference held in 
connection with planning, training, assessment, review, or 
other routine purposes related to a project funded by the grant 
or contract.
    (d) Any person awarded a grant or contract funded by 
amounts appropriated by this Act shall submit a statement to 
the Secretary of Commerce, the Attorney General, the 
Administrator, Director, or President, as appropriate, 
certifying that no funds derived from the grant or contract 
will be made available through a subcontract or in any other 
manner to another person who has a financial interest in the 
person awarded the grant or contract.
    (e) The provisions of the preceding subsections of this 
section shall take effect 30 days after the date on which the 
Director of the Office of Management and Budget, in 
consultation with the Director of the Office of Government 
Ethics, determines that a uniform set of rules and 
requirements, substantially similar to the requirements in such 
subsections, consistently apply under the executive branch 
ethics program to all Federal departments, agencies, and 
entities.
    Sec. 518.  None of the funds appropriated or otherwise made 
available under this Act may be used by the Departments of 
Commerce and Justice, the National Aeronautics and Space 
Administration, or the National Science Foundation to acquire 
information technology systems unless the respective Secretary 
or head of agency, in consultation with the Federal Bureau of 
Investigation or other appropriate Federal agencies, has 
assessed any associated risk of cyber-espionage or sabotage.
    Sec. 519.  None of the funds made available in this Act 
shall be used in any way whatsoever to support or justify the 
use of torture by any official or contract employee of the 
United States Government.
    Sec. 520. (a) Notwithstanding any other provision of law or 
treaty, none of the funds appropriated or otherwise made 
available under this Act or any other Act may be expended or 
obligated by a department, agency, or instrumentality of the 
United States to pay administrative expenses or to compensate 
an officer or employee of the United States in connection with 
requiring an export license for the export to Canada of 
components, parts, accessories or attachments for firearms 
listed in Category I, section 121.1 of title 22, Code of 
Federal Regulations (International Trafficking in Arms 
Regulations (ITAR), part 121, as it existed on April 1, 2005) 
with a total value not exceeding $500 wholesale in any 
transaction, provided that the conditions of subsection (b) of 
this section are met by the exporting party for such articles.
    (b) The foregoing exemption from obtaining an export 
license--
            (1) does not exempt an exporter from filing any 
        Shipper's Export Declaration or notification letter 
        required by law, or from being otherwise eligible under 
        the laws of the United States to possess, ship, 
        transport, or export the articles enumerated in 
        subsection (a); and
            (2) does not permit the export without a license 
        of--
                    (A) fully automatic firearms and components 
                and parts for such firearms, other than for end 
                use by the Federal Government, or a Provincial 
                or Municipal Government of Canada;
                    (B) barrels, cylinders, receivers (frames) 
                or complete breech mechanisms for any firearm 
                listed in Category I, other than for end use by 
                the Federal Government, or a Provincial or 
                Municipal Government of Canada; or
                    (C) articles for export from Canada to 
                another foreign destination.
    (c) In accordance with this section, the District Directors 
of Customs and postmasters shall permit the permanent or 
temporary export without a license of any unclassified articles 
specified in subsection (a) to Canada for end use in Canada or 
return to the United States, or temporary import of Canadian-
origin items from Canada for end use in the United States or 
return to Canada for a Canadian citizen.
    (d) The President may require export licenses under this 
section on a temporary basis if the President determines, upon 
publication first in the Federal Register, that the Government 
of Canada has implemented or maintained inadequate import 
controls for the articles specified in subsection (a), such 
that a significant diversion of such articles has and continues 
to take place for use in international terrorism or in the 
escalation of a conflict in another nation. The President shall 
terminate the requirements of a license when reasons for the 
temporary requirements have ceased.
    Sec. 521.  Notwithstanding any other provision of law, no 
department, agency, or instrumentality of the United States 
receiving appropriated funds under this Act or any other Act 
shall obligate or expend in any way such funds to pay 
administrative expenses or the compensation of any officer or 
employee of the United States to deny any application submitted 
pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 
27 CFR section 478.112 or .113, for a permit to import United 
States origin ``curios or relics'' firearms, parts, or 
ammunition.
    Sec. 522.  None of the funds made available in this Act may 
be used to include in any new bilateral or multilateral trade 
agreement the text of--
            (1) paragraph 2 of article 16.7 of the United 
        States-Singapore Free Trade Agreement;
            (2) paragraph 4 of article 17.9 of the United 
        States-Australia Free Trade Agreement; or
            (3) paragraph 4 of article 15.9 of the United 
        States-Morocco Free Trade Agreement.
    Sec. 523.  None of the funds made available in this Act may 
be used to authorize or issue a national security letter in 
contravention of any of the following laws authorizing the 
Federal Bureau of Investigation to issue national security 
letters: The Right to Financial Privacy Act; The Electronic 
Communications Privacy Act; The Fair Credit Reporting Act; The 
National Security Act of 1947; USA PATRIOT Act; and the laws 
amended by these Acts.
    Sec. 524.  If at any time during any quarter, the program 
manager of a project within the jurisdiction of the Departments 
of Commerce or Justice, the National Aeronautics and Space 
Administration, or the National Science Foundation totaling 
more than $75,000,000 has reasonable cause to believe that the 
total program cost has increased by 10 percent, the program 
manager shall immediately inform the respective Secretary, 
Administrator, or Director. The Secretary, Administrator, or 
Director shall notify the House and Senate Committees on 
Appropriations within 30 days in writing of such increase, and 
shall include in such notice: the date on which such 
determination was made; a statement of the reasons for such 
increases; the action taken and proposed to be taken to control 
future cost growth of the project; changes made in the 
performance or schedule milestones and the degree to which such 
changes have contributed to the increase in total program costs 
or procurement costs; new estimates of the total project or 
procurement costs; and a statement validating that the 
project's management structure is adequate to control total 
project or procurement costs.
    Sec. 525.  Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for 
intelligence or intelligence related activities are deemed to 
be specifically authorized by the Congress for purposes of 
section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2012 until the enactment of the 
Intelligence Authorization Act for fiscal year 2012.
    Sec. 526.  The Departments, agencies, and commissions 
funded under this Act, shall establish and maintain on the 
homepages of their Internet websites--
            (1) a direct link to the Internet Web sites of 
        their Offices of Inspectors General; and
            (2) a mechanism on the Offices of Inspectors 
        General Web site by which individuals may anonymously 
        report cases of waste, fraud, or abuse with respect to 
        those Departments, agencies, and commissions.
    Sec. 527.  None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in 
an amount greater than $5,000,000 or to award a grant in excess 
of such amount unless the prospective contractor or grantee 
certifies in writing to the agency awarding the contract or 
grant that, to the best of its knowledge and belief, the 
contractor or grantee has filed all Federal tax returns 
required during the three years preceding the certification, 
has not been convicted of a criminal offense under the Internal 
Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax 
assessment for which the liability remains unsatisfied, unless 
the assessment is the subject of an installment agreement or 
offer in compromise that has been approved by the Internal 
Revenue Service and is not in default, or the assessment is the 
subject of a non-frivolous administrative or judicial 
proceeding.

                             (rescissions)

    Sec. 528. (a) Of the unobligated balances available to the 
Department of Commerce, the following funds are hereby 
rescinded, not later than September 30, 2012, from the 
following accounts in the specified amounts--
            (1) ``National Telecommunications and Information 
        Administration, Information Infrastructure Grants'', 
        $2,000,000;
            (2) ``National Telecommunications and Information 
        Administration, Public Telecommunications Facilities, 
        Planning and Construction'', $2,750,000; and
            (3) ``National Oceanic and Atmospheric 
        Administration, Foreign Fishing Observer Fund'', 
        $350,000.
    (b) Of the amounts made available under section 3010 of the 
Deficit Reduction Act of 2005 (47 U.S.C. 309 note), $4,300,000 
in unobligated balances are hereby rescinded.
    (c) Of the unobligated balances available for ``Emergency 
Steel, Oil, and Gas Guaranteed Loan Program Account'', $700,000 
are hereby rescinded.
    (d) Of the unobligated balances available to the Department 
of Justice, the following funds are hereby rescinded, not later 
than September 30, 2012, from the following accounts in the 
specified amounts--
            (1) ``Working Capital Fund'', $40,000,000;
            (2) ``Legal Activities, Assets Forfeiture Fund'', 
        $675,000,000;
            (3) ``United States Marshals Service, Salaries and 
        Expenses'', $2,200,000;
            (4) ``Drug Enforcement Administration, Salaries and 
        Expenses'', $10,000,000;
            (5) ``Federal Prison System, Buildings and 
        Facilities'', $45,000,000;
            (6) ``State and Local Law Enforcement Activities, 
        Office on Violence Against Women, Violence Against 
        Women Prevention and Prosecution Programs'', 
        $15,000,000;
            (7) ``State and Local Law Enforcement Activities, 
        Office of Justice Programs'', $55,000,000; and
            (8) ``State and Local Law Enforcement Activities, 
        Community Oriented Policing Services'', $23,605,000.
    (e) The Department of Justice shall submit to the 
Committees on Appropriations of the House of Representatives 
and the Senate a report no later than September 1, 2012 
specifying the amount of each rescission made pursuant to 
subsection (d).
    (f) Of the unobligated balances available to the National 
Aeronautics and Space Administration from prior appropriations, 
$30,000,000 are hereby rescinded.
    Sec. 529.  None of the funds appropriated or otherwise made 
available in this Act may be used in a manner that is 
inconsistent with the principal negotiating objective of the 
United States with respect to trade remedy laws to preserve the 
ability of the United States--
            (1) to enforce vigorously its trade laws, including 
        antidumping, countervailing duty, and safeguard laws;
            (2) to avoid agreements that--
                    (A) lessen the effectiveness of domestic 
                and international disciplines on unfair trade, 
                especially dumping and subsidies; or
                    (B) lessen the effectiveness of domestic 
                and international safeguard provisions, in 
                order to ensure that United States workers, 
                agricultural producers, and firms can compete 
                fully on fair terms and enjoy the benefits of 
                reciprocal trade concessions; and
            (3) to address and remedy market distortions that 
        lead to dumping and subsidization, including 
        overcapacity, cartelization, and market-access 
        barriers.
    Sec. 530.  None of the funds made available in this Act may 
be used to purchase first class or premium airline travel in 
contravention of sections 301-10.122 through 301-10.124 of 
title 41 of the Code of Federal Regulations.
    Sec. 531.  None of the funds made available in this Act may 
be used to send or otherwise pay for the attendance of more 
than 50 employees from a Federal department or agency at any 
single conference occurring outside the United States, unless 
such conference is a law enforcement training or operational 
conference for law enforcement personnel and the majority of 
Federal employees in attendance are law enforcement personnel 
stationed outside the United States.
    Sec. 532.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, 
release, or assist in the transfer or release to or within the 
United States, its territories, or possessions Khalid Sheikh 
Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of 
        the Armed Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at 
        the United States Naval Station, Guantanamo Bay, Cuba, 
        by the Department of Defense.
    Sec. 533. (a) None of the funds appropriated or otherwise 
made available in this or any other Act may be used to 
construct, acquire, or modify any facility in the United 
States, its territories, or possessions to house any individual 
described in subsection (c) for the purposes of detention or 
imprisonment in the custody or under the effective control of 
the Department of Defense.
    (b) The prohibition in subsection (a) shall not apply to 
any modification of facilities at United States Naval Station, 
Guantanamo Bay, Cuba.
    (c) An individual described in this subsection is any 
individual who, as of June 24, 2009, is located at United 
States Naval Station, Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a 
        member of the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective 
                control of the Department of Defense; or
                    (B) otherwise under detention at United 
                States Naval Station, Guantanamo Bay, Cuba.
    Sec. 534.  None of the funds made available under this Act 
may be distributed to the Association of Community 
Organizations for Reform Now (ACORN) or its subsidiaries.
    Sec. 535.  To the extent practicable, funds made available 
in this Act should be used to purchase light bulbs that are 
``Energy Star'' qualified or have the ``Federal Energy 
Management Program'' designation.
    Sec. 536.  The Director of the Office of Management and 
Budget shall instruct any department, agency, or 
instrumentality of the United States Government receiving funds 
appropriated under this Act to track undisbursed balances in 
expired grant accounts and include in its annual performance 
plan and performance and accountability reports the following:
            (1) Details on future action the department, 
        agency, or instrumentality will take to resolve 
        undisbursed balances in expired grant accounts.
            (2) The method that the department, agency, or 
        instrumentality uses to track undisbursed balances in 
        expired grant accounts.
            (3) Identification of undisbursed balances in 
        expired grant accounts that may be returned to the 
        Treasury of the United States.
            (4) In the preceding 3 fiscal years, details on the 
        total number of expired grant accounts with undisbursed 
        balances (on the first day of each fiscal year) for the 
        department, agency, or instrumentality and the total 
        finances that have not been obligated to a specific 
        project remaining in the accounts.
    Sec. 537.  None of the funds made available in this Act may 
be used to relocate the Bureau of the Census or employees from 
the Department of Commerce to the jurisdiction of the Executive 
Office of the President.
    Sec. 538.  The Departments of Commerce and Justice, the 
National Aeronautics and Space Administration, and the National 
Science Foundation shall submit spending plans, signed by the 
respective department or agency head, to the Committees on 
Appropriations of the House of Representatives and the Senate 
within 45 days after the date of enactment of this Act.
    Sec. 539. (a) None of the funds made available by this Act 
may be used for the National Aeronautics and Space 
Administration (NASA) or the Office of Science and Technology 
Policy (OSTP) to develop, design, plan, promulgate, implement, 
or execute a bilateral policy, program, order, or contract of 
any kind to participate, collaborate, or coordinate bilaterally 
in any way with China or any Chinese-owned company unless such 
activities are specifically authorized by a law enacted after 
the date of enactment of this Act.
    (b) The limitation in subsection (a) shall also apply to 
any funds used to effectuate the hosting of official Chinese 
visitors at facilities belonging to or utilized by NASA.
    (c) The limitations described in subsections (a) and (b) 
shall not apply to activities which NASA or OSTP have certified 
pose no risk of resulting in the transfer of technology, data, 
or other information with national security or economic 
security implications to China or a Chinese-owned company.
    (d) Any certification made under subsection (c) shall be 
submitted to the Committees on Appropriations of the House of 
Representatives and the Senate no later than 14 days prior to 
the activity in question and shall include a description of the 
purpose of the activity, its major participants, and its 
location and timing.
    Sec. 540. (a) The head of any department, agency, board or 
commission funded by this Act shall submit quarterly reports to 
the Inspector General, or the senior ethics official for any 
entity without an inspector general, of the appropriate 
department, agency, board or commission regarding the costs and 
contracting procedures relating to each conference held by the 
department, agency, board or commission during fiscal year 2012 
for which the cost to the Government was more than $20,000.
    (b) Each report submitted under subsection (a) shall 
include, for each conference described in that subsection held 
during the applicable quarter--
            (1) a description of the subject of and number of 
        participants attending that conference;
            (2) a detailed statement of the costs to the 
        Government relating to that conference, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services; 
                and
                    (C) a discussion of the methodology used to 
                determine which costs relate to that 
                conference; and
            (3) a description of the contracting procedures 
        relating to that conference, including--
                    (A) whether contracts were awarded on a 
                competitive basis for that conference; and
                    (B) a discussion of any cost comparison 
                conducted by the department, agency, board or 
                commission in evaluating potential contractors 
                for that conference.
    Sec. 541.  None of the funds made available by this Act may 
be used to pay the salaries or expenses of personnel to deny, 
or fail to act on, an application for the importation of any 
model of shotgun if--
            (1) all other requirements of law with respect to 
        the proposed importation are met; and
            (2) no application for the importation of such 
        model of shotgun, in the same configuration, had been 
        denied by the Attorney General prior to January 1, 
        2011, on the basis that the shotgun was not 
        particularly suitable for or readily adaptable to 
        sporting purposes.
    Sec. 542. (a) None of the funds made available in this Act 
may be used to maintain or establish a computer network unless 
such network blocks the viewing, downloading, and exchanging of 
pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law 
enforcement agency or any other entity carrying out criminal 
investigations, prosecution, or adjudication activities.
    Sec. 543.  None of the funds made available by this Act may 
be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a 
loan or loan guarantee to, any corporation that was convicted 
of a felony criminal violation under any Federal law within the 
preceding 24 months, unless an agency has considered suspension 
or debarment of the corporation and made a determination that 
this further action is not necessary to protect the interests 
of the Government.
    Sec. 544.  None of the funds made available by this Act may 
be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a 
loan or loan guarantee to, any corporation that has any unpaid 
Federal tax liability that has been assessed, for which all 
judicial and administrative remedies have been exhausted or 
have lapsed, and that is not being paid in a timely manner 
pursuant to an agreement with the authority responsible for 
collecting the tax liability, unless an agency has considered 
suspension or debarment of the corporation and made a 
determination that this further action is not necessary to 
protect the interests of the Government.
    Sec. 545.  All agencies and departments funded under this 
Act shall send to the Committees on Appropriations of the House 
of Representatives and the Senate at the end of the fiscal year 
a report containing a complete inventory of the total number of 
vehicles owned, permanently retired, and purchased during 
fiscal year 2012 as well as the total cost of the vehicle 
fleet, including maintenance, fuel, storage, purchasing, and 
leasing.
    Sec. 546.  None of the funds made available by this or any 
other Act for fiscal year 2012 may be used to implement, 
administer, or enforce, prior to January 1, 2012, the rule 
entitled ``Wage Methodology for the Temporary Non-agricultural 
Employment H-2B Program'' published by the Department of Labor 
in the Federal Register on January 19, 2011 (76 Fed. Reg. 3452 
et seq.).
    This division may be cited as the ``Commerce, Justice, 
Science, and Related Agencies Appropriations Act, 2012''.

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

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

    For necessary expenses of the Office of the Secretary, 
$102,481,000, of which not to exceed $2,618,000 shall be 
available for the immediate Office of the Secretary; not to 
exceed $984,000 shall be available for the Immediate Office of 
the Deputy Secretary; not to exceed $19,515,000 shall be 
available for the Office of the General Counsel; not to exceed 
$10,107,000 shall be available for the Office of the Under 
Secretary of Transportation for Policy; not to exceed 
$10,538,000 shall be available for the Office of the Assistant 
Secretary for Budget and Programs; not to exceed $2,500,000 
shall be available for the Office of the Assistant Secretary 
for Governmental Affairs; not to exceed $25,469,000 shall be 
available for the Office of the Assistant Secretary for 
Administration; not to exceed $2,020,000 shall be available for 
the Office of Public Affairs; not to exceed $1,595,000 shall be 
available for the Office of the Executive Secretariat; not to 
exceed $1,369,000 shall be available for the Office of Small 
and Disadvantaged Business Utilization; not to exceed 
$10,778,000 for the Office of Intelligence, Security, and 
Emergency Response; and not to exceed $14,988,000 shall be 
available for the Office of the Chief Information Officer:  
Provided, That the Secretary of Transportation is authorized to 
transfer funds appropriated for any office of the Office of the 
Secretary to any other office of the Office of the Secretary:  
Provided further, That no appropriation for any office shall be 
increased or decreased by more than 5 percent by all such 
transfers:  Provided further, That notice of any change in 
funding greater than 5 percent shall be submitted for approval 
to the House and Senate Committees on Appropriations:  Provided 
further, That not to exceed $60,000 shall be for allocation 
within the Department for official reception and representation 
expenses as the Secretary may determine:  Provided further, 
That notwithstanding any other provision of law, excluding fees 
authorized in Public Law 107-71, there may be credited to this 
appropriation up to $2,500,000 in funds received in user fees:  
Provided further, That none of the funds provided in this Act 
shall be available for the position of Assistant Secretary for 
Public Affairs.

                  national infrastructure investments

    For capital investments in surface transportation 
infrastructure, $500,000,000, to remain available through 
September 30, 2013:  Provided, That the Secretary of 
Transportation shall distribute funds provided under this 
heading as discretionary grants to be awarded to a State, local 
government, transit agency, or a collaboration among such 
entities on a competitive basis for projects that will have a 
significant impact on the Nation, a metropolitan area, or a 
region:  Provided further, That projects eligible for funding 
provided under this heading shall include, but not be limited 
to, highway or bridge projects eligible under title 23, United 
States Code; public transportation projects eligible under 
chapter 53 of title 49, United States Code; passenger and 
freight rail transportation projects; and port infrastructure 
investments:  Provided further, That the Secretary shall give 
priority to projects which demonstrate transportation benefits 
for existing systems or improve interconnectivity between 
modes:  Provided further, That the Secretary may use up to 35 
percent of the funds made available under this heading for the 
purpose of paying the subsidy and administrative costs of 
projects eligible for Federal credit assistance under chapter 6 
of title 23, United States Code, if the Secretary finds that 
such use of the funds would advance the purposes of this 
paragraph:  Provided further, That in distributing funds 
provided under this heading, the Secretary shall take such 
measures so as to ensure an equitable geographic distribution 
of funds, an appropriate balance in addressing the needs of 
urban and rural areas, and the investment in a variety of 
transportation modes:  Provided further, That a grant funded 
under this heading shall be not less than $10,000,000 and not 
greater than $200,000,000:  Provided further, That not more 
than 25 percent of the funds made available under this heading 
may be awarded to projects in a single State:  Provided 
further, That the Federal share of the costs for which an 
expenditure is made under this heading shall be, at the option 
of the recipient, up to 80 percent:  Provided further, That not 
less than $120,000,000 of the funds provided under this heading 
shall be for projects located in rural areas:  Provided 
further, That for projects located in rural areas, the minimum 
grant size shall be $1,000,000 and the Secretary may increase 
the Federal share of costs above 80 percent:  Provided further, 
That projects conducted using funds provided under this heading 
must comply with the requirements of subchapter IV of chapter 
31 of title 40, United States Code:  Provided further, That the 
Secretary shall conduct a new competition to select the grants 
and credit assistance awarded under this heading: Provided 
further, That the Secretary may retain up to $20,000,000 of the 
funds provided under this heading, and may transfer portions of 
those funds to the Administrators of the Federal Highway 
Administration, the Federal Transit Administration, the Federal 
Railroad Administration and the Federal Maritime 
Administration, to fund the award and oversight of grants and 
credit assistance made under the National Infrastructure 
Investments program:  Provided further, That the Secretary 
shall give priority to projects that require a contribution of 
Federal funds in order to complete an overall financing 
package.

                      financial management capital

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

                       cyber security initiatives

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

                         office of civil rights

    For necessary expenses of the Office of Civil Rights, 
$9,384,000.

           transportation planning, research, and development

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

                          working capital fund

    For necessary expenses for operating costs and capital 
outlays of the Working Capital Fund, not to exceed $172,000,000 
shall be paid from appropriations made available to the 
Department of Transportation:  Provided, That such services 
shall be provided on a competitive basis to entities within the 
Department of Transportation:  Provided further, That the above 
limitation on operating expenses shall not apply to non-DOT 
entities:  Provided further, That no funds appropriated in this 
Act to an agency of the Department shall be transferred to the 
Working Capital Fund without majority approval of the Working 
Capital Fund Steering Committee and approval of the Secretary:  
Provided further, That no assessments may be levied against any 
program, budget activity, subactivity or project funded by this 
Act unless notice of such assessments and the basis therefor 
are presented to the House and Senate Committees on 
Appropriations and are approved by such Committees.

               minority business resource center program

    For the cost of guaranteed loans, $333,000, as authorized 
by 49 U.S.C. 332:  Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 
502 of the Congressional Budget Act of 1974:  Provided further, 
That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, not to exceed 
$18,367,000. In addition, for administrative expenses to carry 
out the guaranteed loan program, $589,000.

                       minority business outreach

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

                        payments to air carriers

                    (airport and airway trust fund)

                     (including transfer of funds)

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

  administrative provisions--office of the secretary of transportation

    Sec. 101.  None of the funds made available in this Act to 
the Department of Transportation may be obligated for the 
Office of the Secretary of Transportation to approve 
assessments or reimbursable agreements pertaining to funds 
appropriated to the modal administrations in this Act, except 
for activities underway on the date of enactment of this Act, 
unless such assessments or agreements have completed the normal 
reprogramming process for Congressional notification.
    Sec. 102.  The Secretary or his designee may engage in 
activities with States and State legislators to consider 
proposals related to the reduction of motorcycle fatalities.
    Sec. 103.  None of the funds made available under this Act 
may be obligated or expended to establish or implement a 
program under which essential air service communities are 
required to assume subsidy costs commonly referred to as the 
EAS local participation program.
    Sec. 104.  Notwithstanding section 3324 of title 31, United 
States Code, in addition to authority provided by section 327 
of title 49, United States Code, the Department's Working 
Capital Fund is hereby authorized to provide payments in 
advance to vendors that are necessary to carry out the Federal 
transit pass transportation fringe benefit program under 
Executive Order 13150 and section 3049 of Public Law 109-59:  
Provided, That the Department shall include adequate safeguards 
in the contract with the vendors to ensure timely and high-
quality performance under the contract.
    Sec. 105.  The Secretary shall post on the Web site of the 
Department of Transportation a schedule of all meetings of the 
Credit Council, including the agenda for each meeting, and 
require the Credit Council to record the decisions and actions 
of each meeting.

                              (rescission)

    Sec. 106.  Of the amounts made available by section 185 of 
Public Law 109-115, all unobligated balances as of the date of 
enactment of this Act are hereby rescinded.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

    For necessary expenses of the Federal Aviation 
Administration, not otherwise provided for, including 
operations and research activities related to commercial space 
transportation, administrative expenses for research and 
development, establishment of air navigation facilities, the 
operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to 
the public, lease or purchase of passenger motor vehicles for 
replacement only, in addition to amounts made available by 
Public Law 108-176, $9,653,395,000, of which $5,060,694,000 
shall be derived from the Airport and Airway Trust Fund, of 
which not to exceed $7,442,738,000 shall be available for air 
traffic organization activities; not to exceed $1,252,991,000 
shall be available for aviation safety activities; not to 
exceed $16,271,000 shall be available for commercial space 
transportation activities; not to exceed $582,117,000 shall be 
available for finance and management activities; not to exceed 
$98,858,000 shall be available for human resources program 
activities; not to exceed $60,134,000 shall be available for 
NextGen program activities; and not to exceed $200,286,000 
shall be available for staff offices:  Provided, That not to 
exceed 2 percent of any budget activity, except for aviation 
safety budget activity, may be transferred to any budget 
activity under this heading:  Provided further, That no 
transfer may increase or decrease any appropriation by more 
than 2 percent:  Provided further, That any transfer in excess 
of 2 percent shall be treated as a reprogramming of funds under 
section 405 of this Act and shall not be available for 
obligation or expenditure except in compliance with the 
procedures set forth in that section:  Provided further, That 
not later than May 31, 2012, the Administrator shall submit to 
the House and Senate Committees on Appropriations a 
comprehensive report that describes all of the findings and 
conclusions reached during the Federal Aviation 
Administration's efforts to develop an objective, data-driven 
method for placing air traffic controllers after the successful 
completion of their training at the Federal Aviation 
Administration Academy, lists all available options for 
establishing such method, and discusses the benefits and 
challenges of each option:  Provided further, That not later 
than March 31 of each fiscal year hereafter, the Administrator 
of the Federal Aviation Administration shall transmit to 
Congress an annual update to the report submitted to Congress 
in December 2004 pursuant to section 221 of Public Law 108-176: 
 Provided further, That the amount herein appropriated shall be 
reduced by $100,000 for each day after March 31 that such 
report has not been submitted to the Congress:  Provided 
further, That not later than March 31 of each fiscal year 
hereafter, the Administrator shall transmit to Congress a 
companion report that describes a comprehensive strategy for 
staffing, hiring, and training flight standards and aircraft 
certification staff in a format similar to the one utilized for 
the controller staffing plan, including stated attrition 
estimates and numerical hiring goals by fiscal year:  Provided 
further, That the amount herein appropriated shall be reduced 
by $100,000 per day for each day after March 31 that such 
report has not been submitted to Congress:  Provided further, 
That funds may be used to enter into a grant agreement with a 
nonprofit standard-setting organization to assist in the 
development of aviation safety standards:  Provided further, 
That none of the funds in this Act shall be available for new 
applicants for the second career training program:  Provided 
further, That none of the funds in this Act shall be available 
for the Federal Aviation Administration to finalize or 
implement any regulation that would promulgate new aviation 
user fees not specifically authorized by law after the date of 
the enactment of this Act:  Provided further, That there may be 
credited to this appropriation as offsetting collections funds 
received from States, counties, municipalities, foreign 
authorities, other public authorities, and private sources for 
expenses incurred in the provision of agency services, 
including receipts for the maintenance and operation of air 
navigation facilities, and for issuance, renewal or 
modification of certificates, including airman, aircraft, and 
repair station certificates, or for tests related thereto, or 
for processing major repair or alteration forms:  Provided 
further, That of the funds appropriated under this heading, not 
less than $10,350,000 shall be for the contract tower cost-
sharing program:  Provided further, That none of the funds in 
this Act for aeronautical charting and cartography are 
available for activities conducted by, or coordinated through, 
the Working Capital Fund.

                        facilities and equipment

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, 
improvement by contract or purchase, and hire of national 
airspace systems and experimental facilities and equipment, as 
authorized under part A of subtitle VII of title 49, United 
States Code, including initial acquisition of necessary sites 
by lease or grant; engineering and service testing, including 
construction of test facilities and acquisition of necessary 
sites by lease or grant; construction and furnishing of 
quarters and related accommodations for officers and employees 
of the Federal Aviation Administration stationed at remote 
localities where such accommodations are not available; and the 
purchase, lease, or transfer of aircraft from funds available 
under this heading, including aircraft for aviation regulation 
and certification; to be derived from the Airport and Airway 
Trust Fund, $2,730,731,000, of which $475,000,000 shall remain 
available until September 30, 2012, and of which $2,255,731,000 
shall remain available until September 30, 2014:  Provided, 
That there may be credited to this appropriation funds received 
from States, counties, municipalities, other public 
authorities, and private sources, for expenses incurred in the 
establishment, improvement, and modernization of national 
airspace systems:  Provided further, That upon initial 
submission to the Congress of the fiscal year 2013 President's 
budget, the Secretary of Transportation shall transmit to the 
Congress a comprehensive capital investment plan for the 
Federal Aviation Administration which includes funding for each 
budget line item for fiscal years 2013 through 2017, with total 
funding for each year of the plan constrained to the funding 
targets for those years as estimated and approved by the Office 
of Management and Budget.

                 research, engineering, and development

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for 
research, engineering, and development, as authorized under 
part A of subtitle VII of title 49, United States Code, 
including construction of experimental facilities and 
acquisition of necessary sites by lease or grant, $167,556,000, 
to be derived from the Airport and Airway Trust Fund and to 
remain available until September 30, 2014:  Provided, That 
there may be credited to this appropriation as offsetting 
collections, funds received from States, counties, 
municipalities, other public authorities, and private sources, 
which shall be available for expenses incurred for research, 
engineering, and development.

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

                     (including transfer of funds)

    For liquidation of obligations incurred for grants-in-aid 
for airport planning and development, and noise compatibility 
planning and programs as authorized under subchapter I of 
chapter 471 and subchapter I of chapter 475 of title 49, United 
States Code, and under other law authorizing such obligations; 
for procurement, installation, and commissioning of runway 
incursion prevention devices and systems at airports of such 
title; for grants authorized under section 41743 of title 49, 
United States Code; and for inspection activities and 
administration of airport safety programs, including those 
related to airport operating certificates under section 44706 
of title 49, United States Code, $3,435,000,000 to be derived 
from the Airport and Airway Trust Fund and to remain available 
until expended:  Provided, That none of the funds under this 
heading shall be available for the planning or execution of 
programs the obligations for which are in excess of 
$3,350,000,000 in fiscal year 2012, notwithstanding section 
47117(g) of title 49, United States Code:  Provided further, 
That none of the funds under this heading shall be available 
for the replacement of baggage conveyor systems, 
reconfiguration of terminal baggage areas, or other airport 
improvements that are necessary to install bulk explosive 
detection systems:  Provided further, That notwithstanding any 
other provision of law, of funds limited under this heading, 
not more than $101,000,000 shall be obligated for 
administration, not less than $15,000,000 shall be available 
for the airport cooperative research program, not less than 
$29,250,000 shall be for Airport Technology Research and 
$6,000,000, to remain available until expended, shall be 
available and transferred to ``Office of the Secretary, 
Salaries and Expenses'' to carry out the Small Community Air 
Service Development Program.

       administrative provisions--federal aviation administration

    Sec. 110.  None of the funds in this Act may be used to 
compensate in excess of 600 technical staff-years under the 
federally funded research and development center contract 
between the Federal Aviation Administration and the Center for 
Advanced Aviation Systems Development during fiscal year 2012.
    Sec. 111.  None of the funds in this Act shall be used to 
pursue or adopt guidelines or regulations requiring airport 
sponsors to provide to the Federal Aviation Administration 
without cost building construction, maintenance, utilities and 
expenses, or space in airport sponsor-owned buildings for 
services relating to air traffic control, air navigation, or 
weather reporting:  Provided, That the prohibition of funds in 
this section does not apply to negotiations between the agency 
and airport sponsors to achieve agreement on ``below-market'' 
rates for these items or to grant assurances that require 
airport sponsors to provide land without cost to the FAA for 
air traffic control facilities.
    Sec. 112.  The Administrator of the Federal Aviation 
Administration may reimburse amounts made available to satisfy 
49 U.S.C. 41742(a)(1) from fees credited under 49 U.S.C. 45303: 
 Provided, That during fiscal year 2012, 49 U.S.C. 41742(b) 
shall not apply, and any amount remaining in such account at 
the close of that fiscal year may be made available to satisfy 
section 41742(a)(1) for the subsequent fiscal year.
    Sec. 113.  Amounts collected under section 40113(e) of 
title 49, United States Code, shall be credited to the 
appropriation current at the time of collection, to be merged 
with and available for the same purposes of such appropriation.
    Sec. 114.  None of the funds limited by this Act for grants 
under the Airport Improvement Program shall be made available 
to the sponsor of a commercial service airport if such sponsor 
fails to agree to a request from the Secretary of 
Transportation for cost-free space in a nonrevenue producing, 
public use area of the airport terminal or other airport 
facilities for the purpose of carrying out a public service air 
passenger rights and consumer outreach campaign.
    Sec. 115.  None of the funds in this Act shall be available 
for paying premium pay under subsection 5546(a) of title 5, 
United States Code, to any Federal Aviation Administration 
employee unless such employee actually performed work during 
the time corresponding to such premium pay.
    Sec. 116.  None of the funds in this Act may be obligated 
or expended for an employee of the Federal Aviation 
Administration to purchase a store gift card or gift 
certificate through use of a Government-issued credit card.
    Sec. 117.  The Secretary shall apportion to the sponsor of 
an airport that received scheduled or unscheduled air service 
from a large certified air carrier (as defined in part 241 of 
title 14 Code of Federal Regulations, or such other regulations 
as may be issued by the Secretary under the authority of 
section 41709) an amount equal to the minimum apportionment 
specified in 49 U.S.C. 47114(c), if the Secretary determines 
that airport had more than 10,000 passenger boardings in the 
preceding calendar year, based on data submitted to the 
Secretary under part 241 of title 14, Code of Federal 
Regulations.
    Sec. 118.  None of the funds in this Act may be obligated 
or expended for retention bonuses for an employee of the 
Federal Aviation Administration without the prior written 
approval of the Deputy Assistant Secretary for Administration 
of the Department of Transportation.
    Sec. 119.  Subparagraph (D) of section 47124(b)(3) of title 
49, United States Code, is amended by striking ``benefit.'' and 
inserting ``benefit, with the maximum allowable local cost 
share capped at 20 percent.''.
    Sec. 119A.  Notwithstanding any other provision of law, 
none of the funds made available under this Act or any prior 
Act may be used to implement or to continue to implement any 
limitation on the ability of any owner or operator of a private 
aircraft to obtain, upon a request to the Administrator of the 
Federal Aviation Administration, a blocking of that owner's or 
operator's aircraft registration number from any display of the 
Federal Aviation Administration's Aircraft Situational Display 
to Industry data that is made available to the public, except 
data made available to a Government agency, for the 
noncommercial flights of that owner or operator.
    Sec. 119B.  None of the funds appropriated or limited by 
this Act may be used to change weight restrictions or prior 
permission rules at Teterboro airport in Teterboro, New Jersey.

                     Federal Highway Administration

                 limitation on administrative expenses

                     (including transfer of funds)

    Not to exceed $412,000,000, together with advances and 
reimbursements received by the Federal Highway Administration, 
shall be paid in accordance with law from appropriations made 
available by this Act to the Federal Highway Administration for 
necessary expenses for administration and operation, of which 
$16,000,000 shall be derived from the authority provided in 
section 126 in this Act. In addition, not to exceed $3,220,000 
shall be paid from appropriations made available by this Act 
and transferred to the Appalachian Regional Commission in 
accordance with section 104 of title 23, United States Code.

                          federal-aid highways

                      (limitation on obligations)

                          (highway trust fund)

    None of the funds in this Act shall be available for the 
implementation or execution of programs, the obligations for 
which are in excess of $39,143,582,670 for Federal-aid highways 
and highway safety construction programs for fiscal year 2012:  
Provided, That within the $39,143,582,670 obligation limitation 
on Federal-aid highways and highway safety construction 
programs, not more than $429,800,000 shall be available for the 
implementation or execution of programs for transportation 
research (chapter 5 of title 23, United States Code; sections 
111, 5505, and 5506 of title 49, United States Code; and title 
5 of Public Law 109-59) for fiscal year 2012:  Provided 
further, That this limitation on transportation research 
programs shall not apply to any authority previously made 
available for obligation:  Provided further, That the Secretary 
may, as authorized by section 605(b) of title 23, United States 
Code, collect and spend fees to cover the costs of services of 
expert firms, including counsel, in the field of municipal and 
project finance to assist in the underwriting and servicing of 
Federal credit instruments and all or a portion of the costs to 
the Federal Government of servicing such credit instruments:  
Provided further, That such fees are available until expended 
to pay for such costs:  Provided further, That such amounts are 
in addition to administrative expenses that are also available 
for such purpose, and are not subject to any obligation 
limitation or the limitation on administrative expenses under 
section 608 of title 23, United States Code.

                (liquidation of contract authorization)

                          (highway trust fund)

    For carrying out the provisions of title 23, United States 
Code, that are attributable to Federal-aid highways, not 
otherwise provided, including reimbursement for sums expended 
pursuant to the provisions of 23 U.S.C. 308, $39,882,582,670 or 
so much thereof as may be available in and derived from the 
Highway Trust Fund (other than the Mass Transit Account), to 
remain available until expended.

                            emergency relief

    For an additional amount for the Emergency Relief Program 
as authorized under section 125 of title 23, United States 
Code, $1,662,000,000, to remain available until expended, for 
necessary expenses resulting from a major disaster declared 
pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.):  Provided, 
That notwithstanding section 125(d)(1) of title 23, United 
States Code, the Secretary of Transportation may obligate more 
than $100,000,000 for a single natural disaster event in a 
State for emergency relief projects arising from damage caused 
in fiscal year 2011 by Hurricane Irene or the Missouri River 
basin flooding in the spring of 2011, except for events 
involving closed hydrologic basins:  Provided further, That 
notwithstanding section 120 of title 23, United States Code, 
for expenses resulting from a disaster eligible under section 
125 of title 23, United States Code, occurring in fiscal years 
2011 or 2012, the Secretary shall extend the time period in 
120(e) in consideration of any delay in the State's ability to 
access damaged facilities to evaluate damage and estimate the 
cost of repair:  Provided further, That the amount provided 
under this heading is designated by the Congress as being for 
disaster relief pursuant to section 251(b)(2)(D) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

       administrative provisions--federal highway administration

    Sec. 120. (a) For fiscal year 2012, the Secretary of 
Transportation shall--
            (1) not distribute from the obligation limitation 
        for Federal-aid highways amounts authorized for 
        administrative expenses and programs by section 104(a) 
        of title 23, United States Code; programs funded from 
        the administrative takedown authorized by section 
        104(a)(1) of title 23, United States Code (as in effect 
        on the date before the date of enactment of the Safe, 
        Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users); the highway use tax evasion 
        program; and the Bureau of Transportation Statistics;
            (2) not distribute an amount from the obligation 
        limitation for Federal-aid highways that is equal to 
        the unobligated balance of amounts made available from 
        the Highway Trust Fund (other than the Mass Transit 
        Account) for Federal-aid highways and highway safety 
        programs for previous fiscal years the funds for which 
        are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-
                aid highways, less the aggregate of amounts not 
                distributed under paragraphs (1) and (2), bears 
                to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and 
                highway safety construction programs (other 
                than sums authorized to be appropriated for 
                provisions of law described in paragraphs (1) 
                through (9) of subsection (b) and sums 
                authorized to be appropriated for section 105 
                of title 23, United States Code, equal to the 
                amount referred to in subsection (b)(10) for 
                such fiscal year), less the aggregate of the 
                amounts not distributed under paragraphs (1) 
                and (2) of this subsection;
            (4)(A) distribute the obligation limitation for 
        Federal-aid highways, less the aggregate amounts not 
        distributed under paragraphs (1) and (2), for sections 
        1301, 1302, and 1934 of the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy 
        for Users; sections 117 and section 144(g) of title 23, 
        United States Code; and section 14501 of title 40, 
        United States Code, so that the amount of obligation 
        authority available for each of such sections is equal 
        to the amount determined by multiplying the ratio 
        determined under paragraph (3) by the sums authorized 
        to be appropriated for that section for the fiscal 
        year; and
            (B) distribute $2,000,000,000 for section 105 of 
        title 23, United States Code;
            (5) distribute the obligation limitation provided 
        for Federal-aid highways, less the aggregate amounts 
        not distributed under paragraphs (1) and (2) and 
        amounts distributed under paragraph (4), for each of 
        the programs that are allocated by the Secretary under 
        the Safe, Accountable, Flexible, Efficient 
        Transportation Equity Act: A Legacy for Users and title 
        23, United States Code (other than to programs to which 
        paragraphs (1) and (4) apply), by multiplying the ratio 
        determined under paragraph (3) by the amounts 
        authorized to be appropriated for each such program for 
        such fiscal year; and
            (6) distribute the obligation limitation provided 
        for Federal-aid highways, less the aggregate amounts 
        not distributed under paragraphs (1) and (2) and 
        amounts distributed under paragraphs (4) and (5), for 
        Federal-aid highways and highway safety construction 
        programs (other than the amounts apportioned for the 
        equity bonus program, but only to the extent that the 
        amounts apportioned for the equity bonus program for 
        the fiscal year are greater than $2,639,000,000, and 
        the Appalachian development highway system program) 
        that are apportioned by the Secretary under the Safe, 
        Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users and title 23, United States 
        Code, in the ratio that--
                    (A) amounts authorized to be appropriated 
                for such programs that are apportioned to each 
                State for such fiscal year, bear to
                    (B) the total of the amounts authorized to 
                be appropriated for such programs that are 
                apportioned to all States for such fiscal year.
    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to 
obligations:
            (1) under section 125 of title 23, United States 
        Code;
            (2) under section 147 of the Surface Transportation 
        Assistance Act of 1978;
            (3) under section 9 of the Federal-Aid Highway Act 
        of 1981;
            (4) under subsections (b) and (j) of section 131 of 
        the Surface Transportation Assistance Act of 1982;
            (5) under subsections (b) and (c) of section 149 of 
        the Surface Transportation and Uniform Relocation 
        Assistance Act of 1987;
            (6) under sections 1103 through 1108 of the 
        Intermodal Surface Transportation Efficiency Act of 
        1991;
            (7) under section 157 of title 23, United States 
        Code, as in effect on the day before the date of the 
        enactment of the Transportation Equity Act for the 21st 
        Century;
            (8) under section 105 of title 23, United States 
        Code, as in effect for fiscal years 1998 through 2004, 
        but only in an amount equal to $639,000,000 for each of 
        those fiscal years;
            (9) for Federal-aid highway programs for which 
        obligation authority was made available under the 
        Transportation Equity Act for the 21st Century or 
        subsequent public laws for multiple years or to remain 
        available until used, but only to the extent that the 
        obligation authority has not lapsed or been used;
            (10) under section 105 of title 23, United States 
        Code, but only in an amount equal to $639,000,000 for 
        each of fiscal years 2005 through 2012; and
            (11) under section 1603 of the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy 
        for Users, to the extent that funds obligated in 
        accordance with that section were not subject to a 
        limitation on obligations at the time at which the 
        funds were initially made available for obligation.
    (c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after 
August 1 of such fiscal year, revise a distribution of the 
obligation limitation made available under subsection (a) if 
the amount distributed cannot be obligated during that fiscal 
year, and redistribute sufficient amounts to those States able 
to obligate amounts in addition to those previously distributed 
during that fiscal year, giving priority to those States having 
large unobligated balances of funds apportioned under sections 
104 and 144 of title 23, United States Code.
    (d) Applicability of Obligation Limitations to 
Transportation Research Programs.--The obligation limitation 
shall apply to transportation research programs carried out 
under chapter 5 of title 23, United States Code, and title V 
(research title) of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users, except that 
obligation authority made available for such programs under 
such limitation shall remain available for a period of 3 fiscal 
years and shall be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and highway 
safety construction programs for future fiscal years.
    (e) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not later than 30 days after the 
        date of the distribution of obligation limitation under 
        subsection (a), the Secretary shall distribute to the 
        States any funds that--
                    (A) are authorized to be appropriated for 
                such fiscal year for Federal-aid highways 
                programs; and
                    (B) the Secretary determines will not be 
                allocated to the States, and will not be 
                available for obligation, in such fiscal year 
                due to the imposition of any obligation 
                limitation for such fiscal year.
            (2) Ratio.--Funds shall be distributed under 
        paragraph (1) in the same ratio as the distribution of 
        obligation authority under subsection (a)(6).
            (3) Availability.--Funds distributed under 
        paragraph (1) shall be available for any purposes 
        described in section 133(b) of title 23, United States 
        Code.
    (f) Special Limitation Characteristics.--Obligation 
limitation distributed for a fiscal year under subsection 
(a)(4) for the provision specified in subsection (a)(4) shall--
            (1) remain available until used for obligation of 
        funds for that provision; and
            (2) be in addition to the amount of any limitation 
        imposed on obligations for Federal-aid highway and 
        highway safety construction programs for future fiscal 
        years.
    (g) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to limit the distribution of 
obligation authority under subsection (a)(4)(A) for each of the 
individual projects numbered greater than 3676 listed in the 
table contained in section 1702 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for 
Users.
    Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received 
by the Bureau of Transportation Statistics from the sale of 
data products, for necessary expenses incurred pursuant to 49 
U.S.C. 111 may be credited to the Federal-aid Highways account 
for the purpose of reimbursing the Bureau for such expenses:  
Provided, That such funds shall be subject to the obligation 
limitation for Federal-aid Highways and highway safety 
construction programs.
    Sec. 122.  Not less than 15 days prior to waiving, under 
his statutory authority, any Buy America requirement for 
Federal-aid highway projects, the Secretary of Transportation 
shall make an informal public notice and comment opportunity on 
the intent to issue such waiver and the reasons therefor:  
Provided, That the Secretary shall provide an annual report to 
the House and Senate Committees on Appropriations on any 
waivers granted under the Buy America requirements.
    Sec. 123. (a) In General.--Except as provided in subsection 
(b), none of the funds made available, limited, or otherwise 
affected by this Act shall be used to approve or otherwise 
authorize the imposition of any toll on any segment of highway 
located on the Federal-aid system in the State of Texas that--
            (1) as of the date of enactment of this Act, is not 
        tolled;
            (2) is constructed with Federal assistance provided 
        under title 23, United States Code; and
            (3) is in actual operation as of the date of 
        enactment of this Act.
    (b) Exceptions.--
            (1) Number of toll lanes.--Subsection (a) shall not 
        apply to any segment of highway on the Federal-aid 
        system described in that subsection that, as of the 
        date on which a toll is imposed on the segment, will 
        have the same number of nontoll lanes as were in 
        existence prior to that date.
            (2) High-occupancy vehicle lanes.--A high-occupancy 
        vehicle lane that is converted to a toll lane shall not 
        be subject to this section, and shall not be considered 
        to be a nontoll lane for purposes of determining 
        whether a highway will have fewer nontoll lanes than 
        prior to the date of imposition of the toll, if--
                    (A) high-occupancy vehicles occupied by the 
                number of passengers specified by the entity 
                operating the toll lane may use the toll lane 
                without paying a toll, unless otherwise 
                specified by the appropriate county, town, 
                municipal or other local government entity, or 
                public toll road or transit authority; or
                    (B) each high-occupancy vehicle lane that 
                was converted to a toll lane was constructed as 
                a temporary lane to be replaced by a toll lane 
                under a plan approved by the appropriate 
                county, town, municipal or other local 
                government entity, or public toll road or 
                transit authority.
    Sec. 124.  The Comptroller General of the United States 
shall carry out a study to review how the States and public 
transit authorities have used the authority for States to 
transfer Federal funds between highway and transit programs. 
Not later than 1 year after the date of enactment of this Act, 
the Comptroller General shall submit a report to the Congress 
describing the use of the transfer authority by the States, the 
highway and transit projects funded with these funds, the U.S. 
Department of Transportation administrative mechanisms to track 
the use of these transferred funds, and the impact the use of 
this authority has had on the advancement of highway projects.
    Sec. 125.  Section 127(a)(11) of title 23, United States 
Code, is amended to read as follows:
            ``(11)(A) With respect to all portions of the 
        Interstate Highway System in the State of Maine, laws 
        (including regulations) of that State concerning 
        vehicle weight limitations applicable to other State 
        highways shall be applicable in lieu of the 
        requirements under this subsection through December 31, 
        2031.
            ``(B) With respect to all portions of the 
        Interstate Highway System in the State of Vermont, laws 
        (including regulations) of that State concerning 
        vehicle weight limitations applicable to other State 
        highways shall be applicable in lieu of the 
        requirements under this subsection through December 31, 
        2031.''.
    Sec. 126.  The Secretary may deduct, on a proportional 
basis, for administrative expenses of the Federal-aid highway 
program, a cumulative sum not to exceed $16,000,000 of the sums 
authorized under the Surface Transportation Extension Act of 
2011, part II (Public Law 112-30) for the 14 allocated 
programs.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in the implementation, 
execution and administration of motor carrier safety operations 
and programs pursuant to section 31104(i) of title 49, United 
States Code, and sections 4127 and 4134 of Public Law 109-59, 
$247,724,000, to be derived from the Highway Trust Fund (other 
than the Mass Transit Account), together with advances and 
reimbursements received by the Federal Motor Carrier Safety 
Administration, the sum of which shall remain available until 
expended:  Provided, That none of the funds derived from the 
Highway Trust Fund in this Act shall be available for the 
implementation, execution or administration of programs, the 
obligations for which are in excess of $247,724,000, for 
``Motor Carrier Safety Operations and Programs'' of which 
$8,543,000, to remain available for obligation until September 
30, 2014, is for the research and technology program and 
$1,000,000 shall be available for commercial motor vehicle 
operator's grants to carry out section 4134 of Public Law 109-
59:  Provided further, That notwithstanding any other provision 
of law, none of the funds under this heading for outreach and 
education shall be available for transfer:  Provided further, 
That the Federal Motor Carrier Safety Administration shall 
transmit to Congress a report on March 30, 2012 on the agency's 
ability to meet its requirement to conduct compliance reviews 
on high-risk carriers.

                      motor carrier safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                         (including rescission)

    For payment of obligations incurred in carrying out 
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of 
title 49, United States Code, and sections 4126 and 4128 of 
Public Law 109-59, $307,000,000, to be derived from the Highway 
Trust Fund (other than the Mass Transit Account) and to remain 
available until expended:  Provided, That none of the funds in 
this Act shall be available for the implementation or execution 
of programs, the obligations for which are in excess of 
$307,000,000, for ``Motor Carrier Safety Grants''; of which 
$212,000,000 shall be available for the motor carrier safety 
assistance program to carry out sections 31102 and 31104(a) of 
title 49, United States Code; $30,000,000 shall be available 
for the commercial driver's license improvements program to 
carry out section 31313 of title 49, United States Code; 
$32,000,000 shall be available for the border enforcement 
grants program to carry out section 31107 of title 49, United 
States Code; $5,000,000 shall be available for the performance 
and registration information system management program to carry 
out sections 31106(b) and 31109 of title 49, United States 
Code; $25,000,000 shall be available for the commercial vehicle 
information systems and networks deployment program to carry 
out section 4126 of Public Law 109-59; and $3,000,000 shall be 
available for the safety data improvement program to carry out 
section 4128 of Public Law 109-59:  Provided further, That of 
the funds made available for the motor carrier safety 
assistance program, $29,000,000 shall be available for audits 
of new entrant motor carriers:  Provided further, That of the 
prior year unobligated balances for the commercial vehicle 
information systems and networks deployment program, $1,000,000 
is permanently rescinded.

 administrative provision--federal motor carrier safety administration

    Sec. 130.  Funds appropriated or limited in this Act shall 
be subject to the terms and conditions stipulated in section 
350 of Public Law 107-87 and section 6901 of Public Law 110-28, 
including that the Secretary submit a report to the House and 
Senate Appropriations Committees annually on the safety and 
security of transportation into the United States by Mexico-
domiciled motor carriers.
    Sec. 131.  Notwithstanding any other provision of law, 
States receiving funds for core or expanded deployment 
activities under the Commercial Vehicle Information Systems and 
Networks program pursuant to sections 4101(c)(4) and 4126 of 
Public Law 109-59 that did not meet award eligibility 
requirements set forth in section 4126; received grant amounts 
in excess of the maximum amounts specified in sections 
4126(c)(2) or 4126(d)(3); or were awarded grants either prior 
to or after the expiration of the period of performance 
specified in a grant agreement, shall not be required to repay 
grant amounts received in error under such sections and, in 
addition, shall be reimbursed for core or expanded deployment 
expenditures such States made before the date of the enactment 
of this Act in reliance on a grant awarded in error under such 
sections.

             National Highway Traffic Safety Administration

                        operations and research

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

                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the 
provisions of 23 U.S.C. 403, and chapter 303 of title 49, 
United States Code, $109,500,000, to be derived from the 
Highway Trust Fund (other than the Mass Transit Account) and to 
remain available until expended:  Provided, That none of the 
funds in this Act shall be available for the planning or 
execution of programs the total obligations for which, in 
fiscal year 2012, are in excess of $109,500,000, of which 
$105,500,000 shall be for programs authorized under 23 U.S.C. 
403, and of which $4,000,000 shall be for the National Driver 
Register authorized under chapter 303 of title 49, United 
States Code:  Provided further, That within the $105,500,000 
obligation limitation for operations and research, $20,000,000 
shall remain available until September 30, 2013 and shall be in 
addition to the amount of any limitation imposed on obligations 
for future years.

                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the 
provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and 
sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-
59, to remain available until expended, $550,328,000 to be 
derived from the Highway Trust Fund (other than the Mass 
Transit Account):  Provided, That none of the funds in this Act 
shall be available for the planning or execution of programs 
the total obligations for which, in fiscal year 2012, are in 
excess of $550,328,000 for programs authorized under 23 U.S.C. 
402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009, 
2010, and 2011 of Public Law 109-59, of which $235,000,000 
shall be for ``Highway Safety Programs'' under 23 U.S.C. 402; 
$25,000,000 shall be for ``Occupant Protection Incentive 
Grants'' under 23 U.S.C. 405; $48,500,000 shall be for ``Safety 
Belt Performance Grants'' under 23 U.S.C. 406, and such 
obligation limitation shall remain available until September 
30, 2013 in accordance with subsection (f) of such section 406 
and shall be in addition to the amount of any limitation 
imposed on obligations for such grants for future fiscal years; 
$34,500,000 shall be for ``State Traffic Safety Information 
System Improvements'' under 23 U.S.C. 408; $139,000,000 shall 
be for ``Alcohol-Impaired Driving Countermeasures Incentive 
Grant Program'' under 23 U.S.C. 410; $25,328,000 shall be for 
``Administrative Expenses'' under section 2001(a)(11) of Public 
Law 109-59; $29,000,000 shall be for ``High Visibility 
Enforcement Program'' under section 2009 of Public Law 109-59; 
$7,000,000 shall be for ``Motorcyclist Safety'' under section 
2010 of Public Law 109-59; and $7,000,000 shall be for ``Child 
Safety and Child Booster Seat Safety Incentive Grants'' under 
section 2011 of Public Law 109-59:  Provided further, That none 
of these funds shall be used for construction, rehabilitation, 
or remodeling costs, or for office furnishings and fixtures for 
State, local or private buildings or structures:  Provided 
further, That not to exceed $500,000 of the funds made 
available for section 410 ``Alcohol-Impaired Driving 
Countermeasures Grants'' shall be available for technical 
assistance to the States:  Provided further, That not to exceed 
$750,000 of the funds made available for the ``High Visibility 
Enforcement Program'' shall be available for the evaluation 
required under section 2009(f) of Public Law 109-59:  Provided 
further, That of the amounts made available under this heading 
for ``Safety Belt Performance Grants'', $25,000,000 shall be 
available until expended for the modernization of the National 
Automotive Sampling System (NASS).

      administrative provisions--national highway traffic safety 
                             administration

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

                    Federal Railroad Administration

                         safety and operations

    For necessary expenses of the Federal Railroad 
Administration, not otherwise provided for, $178,596,000, of 
which $12,300,000 shall remain available until expended.

                   railroad research and development

    For necessary expenses for railroad research and 
development, $35,000,000, to remain available until expended.

       railroad rehabilitation and improvement financing program

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

operating subsidy grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make quarterly 
grants to the National Railroad Passenger Corporation for the 
operation of intercity passenger rail, as authorized by section 
101 of the Passenger Rail Investment and Improvement Act of 
2008 (division B of Public Law 110-432), $466,000,000, to 
remain available until expended:  Provided, That the amounts 
available under this paragraph shall be available for the 
Secretary to approve funding to cover operating losses for the 
Corporation only after receiving and reviewing a grant request 
for each specific train route:  Provided further, That each 
such grant request shall be accompanied by a detailed financial 
analysis, revenue projection, and capital expenditure 
projection justifying the Federal support to the Secretary's 
satisfaction:  Provided further, That not later than 60 days 
after enactment of this Act, the Corporation shall transmit, in 
electronic format, to the Secretary, the House and Senate 
Committees on Appropriations, the House Committee on 
Transportation and Infrastructure and the Senate Committee on 
Commerce, Science, and Transportation the annual budget and 
business plan and the 5-Year Financial Plan for fiscal year 
2012 required under section 204 of the Passenger Rail 
Investment and Improvement Act of 2008:  Provided further, That 
the budget, business plan, and the 5-Year Financial Plan shall 
also include a separate accounting of ridership, revenues, and 
capital and operating expenses for the Northeast Corridor; 
commuter service; long-distance Amtrak service; State-supported 
service; each intercity train route, including Autotrain; and 
commercial activities including contract operations:  Provided 
further, That the budget, business plan and the 5-Year 
Financial Plan shall include a description of work to be 
funded, along with cost estimates and an estimated timetable 
for completion of the projects covered by these plans:  
Provided further, That the budget, business plan and the 5-Year 
Financial Plan shall include annual information on the 
maintenance, refurbishment, replacement, and expansion for all 
Amtrak rolling stock consistent with the comprehensive fleet 
plan:  Provided further, That the Corporation shall provide 
semiannual reports in electronic format regarding the pending 
business plan, which shall describe the work completed to date, 
any changes to the business plan, and the reasons for such 
changes, and shall identify all sole-source contract awards 
which shall be accompanied by a justification as to why said 
contract was awarded on a sole-source basis, as well as 
progress against the milestones and target dates of the 2011 
performance improvement plan:  Provided further, That the 
Corporation's budget, business plan, 5-Year Financial Plan, 
semiannual reports, and all subsequent supplemental plans shall 
be displayed on the Corporation's Web site within a reasonable 
timeframe following their submission to the appropriate 
entities:  Provided further, That these plans shall be 
accompanied by a comprehensive fleet plan for all Amtrak 
rolling stock which shall address the Corporation's detailed 
plans and timeframes for the maintenance, refurbishment, 
replacement, and expansion of the Amtrak fleet:  Provided 
further, That said fleet plan shall establish year-specific 
goals and milestones and discuss potential, current, and 
preferred financing options for all such activities:  Provided 
further, That none of the funds under this heading may be 
obligated or expended until the Corporation agrees to continue 
abiding by the provisions of paragraphs 1, 2, 5, 9, and 11 of 
the summary of conditions for the direct loan agreement of June 
28, 2002, in the same manner as in effect on the date of 
enactment of this Act:  Provided further, That none of the 
funds provided in this Act may be used after March 1, 2012, to 
support any route on which Amtrak offers a discounted fare of 
more than 50 percent off the normal peak fare:  Provided 
further, That the preceding proviso does not apply to routes 
where the operating loss as a result of the discount is covered 
by a State and the State participates in the setting of fares:  
Provided further, That the Corporation shall submit to the 
House and Senate Committees on Appropriations a budget request 
for fiscal year 2013 in similar format and substance to those 
submitted by executive agencies of the Federal Government.

  capital and debt service grants to the national railroad passenger 
                              corporation

    To enable the Secretary of Transportation to make grants to 
the National Railroad Passenger Corporation for capital 
investments as authorized by section 101(c) and 219(b) of the 
Passenger Rail Investment and Improvement Act of 2008 (division 
B of Public Law 110-432), $952,000,000, to remain available 
until expended, of which not to exceed $271,000,000 shall be 
for debt service obligations as authorized by section 102 of 
such Act:  Provided, That of the amounts made available under 
this heading, not less than $50,000,000 shall be made available 
to bring Amtrak served facilities and stations into compliance 
with the Americans with Disabilities Act:  Provided further, 
That after an initial distribution of up to $200,000,000, which 
shall be used by the Corporation as a working capital account, 
all remaining funds shall be provided to the Corporation only 
on a reimbursable basis:  Provided further, That the Secretary 
may retain up to one-half of 1 percent of the funds provided 
under this heading to fund the costs of project management 
oversight of capital projects funded by grants provided under 
this heading, as authorized by subsection 101(d) of division B 
of Public Law 110-432:  Provided further, That the Secretary 
shall approve funding for capital expenditures, including 
advance purchase orders of materials, for the Corporation only 
after receiving and reviewing a grant request for each specific 
capital project justifying the Federal support to the 
Secretary's satisfaction:  Provided further, That none of the 
funds under this heading may be used to subsidize operating 
losses of the Corporation:  Provided further, That none of the 
funds under this heading may be used for capital projects not 
approved by the Secretary of Transportation or on the 
Corporation's fiscal year 2012 business plan:  Provided 
further, That in addition to the project management oversight 
funds authorized under section 101(d) of division B of Public 
Law 110-432, the Secretary may retain up to an additional one-
half of 1 percent of the funds provided under this heading to 
fund expenses associated with implementing section 212 of 
division B of Public Law 110-432, including the amendments made 
by section 212 to section 24905 of title 49, United States 
Code.

       administrative provisions--federal railroad administration

    Sec. 150.  Hereafter, notwithstanding any other provision 
of law, funds provided in this Act for the National Railroad 
Passenger Corporation shall immediately cease to be available 
to said Corporation in the event that the Corporation contracts 
to have services provided at or from any location outside the 
United States. For purposes of this section, the word 
``services'' shall mean any service that was, as of July 1, 
2006, performed by a full-time or part-time Amtrak employee 
whose base of employment is located within the United States.
    Sec. 151.  The Secretary of Transportation may receive and 
expend cash, or receive and utilize spare parts and similar 
items, from non-United States Government sources to repair 
damages to or replace United States Government owned automated 
track inspection cars and equipment as a result of third-party 
liability for such damages, and any amounts collected under 
this section shall be credited directly to the Safety and 
Operations account of the Federal Railroad Administration, and 
shall remain available until expended for the repair, operation 
and maintenance of automated track inspection cars and 
equipment in connection with the automated track inspection 
program.
    Sec. 152.  Notwithstanding any other provisions of law, 
rule or regulation, the Secretary of Transportation is 
authorized to allow the issuer of any preferred stock 
heretofore sold to the Department to redeem or repurchase such 
stock upon the payment to the Department of an amount 
determined by the Secretary.
    Sec. 153.  None of the funds provided to the National 
Railroad Passenger Corporation may be used to fund any overtime 
costs in excess of $35,000 for any individual employee:  
Provided, That the president of Amtrak may waive the cap set in 
the previous proviso for specific employees when the president 
of Amtrak determines such a cap poses a risk to the safety and 
operational efficiency of the system:  Provided further, That 
Amtrak shall notify House and Senate Committees on 
Appropriations within 30 days of waiving such cap and delineate 
the reasons for such waiver.

                     Federal Transit Administration

                        administrative expenses

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

                         formula and bus grants

                  (liquidation of contract authority)

                      (limitation on obligations)

                          (highway trust fund)

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

                research and university research centers

    For necessary expenses to carry out 49 U.S.C. 5306, 5312-
5315, 5322, and 5506, $44,000,000, to remain available until 
expended:  Provided, That $6,500,000 is available to carry out 
the transit cooperative research program under section 5313 of 
title 49, United States Code, $3,500,000 is available for the 
National Transit Institute under section 5315 of title 49, 
United States Code, and $4,000,000 is available for the 
university transportation centers program under section 5506 of 
title 49, United States Code:  Provided further, That 
$25,000,000 is available to carry out innovative research and 
demonstrations of national significance under section 5312 of 
title 49, United States Code.

                       capital investment grants

                         (including rescission)

    For necessary expenses to carry out section 5309 of title 
49, United States Code, $1,955,000,000, to remain available 
until expended, of which $35,481,000 shall be available to 
carry out section 5309(e) of such title:  Provided, That not 
less than $510,000,000 shall be available for preliminary 
engineering, final design, and construction of projects that 
receive a Full Funding Grant Agreement during calendar year 
2012:  Provided further, That of the funds appropriated under 
this heading in Public Law 111-8, $58,500,000 are hereby 
rescinded.

      grants to the washington metropolitan area transit authority

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

       administrative provisions--federal transit administration

    Sec. 160.  The limitations on obligations for the programs 
of the Federal Transit Administration shall not apply to any 
authority under 49 U.S.C. 5338, previously made available for 
obligation, or to any other authority previously made available 
for obligation.
    Sec. 161.  Notwithstanding any other provision of law, 
funds appropriated or limited by this Act under the Federal 
Transit Administration's discretionary program appropriations 
headings for projects specified in this Act or identified in 
reports accompanying this Act not obligated by September 30, 
2014, and other recoveries, shall be directed to projects 
eligible to use the funds for the purposes for which they were 
originally provided.
    Sec. 162.  Notwithstanding any other provision of law, any 
funds appropriated before October 1, 2011, under any section of 
chapter 53 of title 49, United States Code, that remain 
available for expenditure, may be transferred to and 
administered under the most recent appropriation heading for 
any such section.
    Sec. 163.  Notwithstanding any other provision of law, 
unobligated funds made available for new fixed guideway system 
projects under the heading ``Federal Transit Administration, 
Capital Investment Grants'' in any appropriations Act prior to 
this Act may be used during this fiscal year to satisfy 
expenses incurred for such projects.
    Sec. 164.  Notwithstanding any other provision of law, 
unobligated funds or recoveries under section 5309 of title 49, 
United States Code, that are available to the Secretary of 
Transportation for reallocation shall be directed to projects 
eligible to use the funds for the purposes for which they were 
originally provided.
    Sec. 165.  In addition to the amounts made available under 
section 5327(c)(1) of title 49, United States Code, the 
Secretary may use, for program management activities described 
in section 5327(c)(2), 1 percent of the amount made available 
to carry out section 5316 of title 49, United States Code:  
Provided, That funds made available for program management 
oversight shall be used to oversee the compliance of a 
recipient or subrecipient of Federal transit assistance 
consistent with activities identified under section 5327(c)(2) 
and for purposes of enforcement.
    Sec. 166.  Funds made available for Alaska or Hawaii ferry 
boats or ferry terminal facilities pursuant to 49 U.S.C. 
5309(m)(6)(B) may be used to construct new vessels and 
facilities, or to improve existing vessels and facilities, 
including both the passenger and vehicle-related elements of 
such vessels and facilities, and for repair facilities.
    Sec. 167.  Notwithstanding any other provision of law, none 
of the funds made available in this Act shall be used to enter 
into a full funding grant agreement for a project with a New 
Starts share greater than 60 percent.
    Sec. 168.  Notwithstanding any other provision of law, fuel 
for vehicle operations, including the cost of utilities used 
for the propulsion of electrically driven vehicles, shall be 
treated as an associated capital maintenance item for purposes 
of grants made under section 5307 of title 49, United States 
Code, in fiscal year 2012. Amounts made available under this 
heading shall be limited to $100,000,000.
    Sec. 169.  The Secretary may not enforce regulations 
related to charter bus service under part 604 of title 49, Code 
of Federal Regulations, for any transit agency who during 
fiscal year 2008 was both initially granted a 60-day period to 
come into compliance with part 604, and then was subsequently 
granted an exception from said part.
    Sec. 169A.  For purposes of applying the project 
justification and local financial commitment criteria of 49 
U.S.C. 5309(d) to a New Starts project, the Secretary may 
consider the costs and ridership of any connected project in an 
instance in which private parties are making significant 
financial contributions to the construction of the connected 
project; additionally, the Secretary may consider the 
significant financial contributions of private parties to the 
connected project in calculating the non-Federal share of net 
capital project costs for the New Starts project.
    Sec. 169B.  All bus new fixed guideway capital projects 
recommended in the President's fiscal year 2012 budget request 
for funds appropriated under the Capital Investment Grants 
heading in this Act or any other Act shall be funded instead 
from amounts allocated under 49 U.S.C. 5309(m)(2)(C):  
Provided, That all such projects shall remain subject to the 
appropriate requirements of 49 U.S.C. 5309(d) and (e).

             Saint Lawrence Seaway Development Corporation

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

                       operations and maintenance

                    (harbor maintenance trust fund)

    For necessary expenses for operations, maintenance, and 
capital asset renewal of those portions of the St. Lawrence 
Seaway owned, operated, and maintained by the Saint Lawrence 
Seaway Development Corporation, $32,259,000, to be derived from 
the Harbor Maintenance Trust Fund, pursuant to Public Law 99-
662.

                        Maritime Administration

                       maritime security program

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

                        operations and training

                         (including rescission)

    For necessary expenses of operations and training 
activities authorized by law, $156,258,000, of which 
$11,100,000 shall remain available until expended for 
maintenance and repair of training ships at State Maritime 
Academies, and of which $2,400,000 shall remain available 
through September 30, 2013 for Student Incentive Program 
payments at State Maritime Academies, and of which $22,900,000 
shall remain available until expended for facilities 
maintenance and repair, equipment, and capital improvements at 
the United State Merchant Marine Academy:  Provided, That 
amounts apportioned for the United States Merchant Marine 
Academy shall be available only upon allotments made personally 
by the Secretary of Transportation or the Assistant Secretary 
for Budget and Programs:  Provided further, That the 
Superintendent, Deputy Superintendent and the Director of the 
Office of Resource Management of the United States Merchant 
Marine Academy may not be allotment holders for the United 
States Merchant Marine Academy, and the Administrator of the 
Maritime Administration shall hold all allotments made by the 
Secretary of Transportation or the Assistant Secretary for 
Budget and Programs under the previous proviso:  Provided 
further, That 50 percent of the funding made available for the 
United States Merchant Marine Academy under this heading shall 
be available only after the Secretary, in consultation with the 
Superintendent and the Maritime Administrator, completes a plan 
detailing by program or activity how such funding will be 
expended at the Academy, and this plan is submitted to the 
House and Senate Committees on Appropriations:  Provided 
further, That of the prior year unobligated balances under this 
heading for information technology requirements of Public Law 
111-207, $980,000 are permanently rescinded.

                             ship disposal

    For necessary expenses related to the disposal of obsolete 
vessels in the National Defense Reserve Fleet of the Maritime 
Administration, $5,500,000, to remain available until expended.

                     assistance to small shipyards

    To make grants to qualified shipyards as authorized under 
section 3508 of Public Law 110-417 or section 54101 of title 
46, United States Code, $9,980,000, to remain available until 
expended:  Provided, That to be considered for assistance, a 
qualified shipyard shall submit an application for assistance 
no later than 60 days after enactment of this Act:  Provided 
further, That from applications submitted under the previous 
proviso, the Secretary of Transportation shall make grants no 
later than 120 days after enactment of this Act in such amounts 
as the Secretary determines.

          maritime guaranteed loan (title xi) program account

              (including rescission and transfer of funds)

    For the necessary administrative expenses of the maritime 
guaranteed loan program, $3,740,000 shall be paid to the 
appropriation for ``Operations and Training'', Maritime 
Administration:  Provided, That of the unobligated balance of 
funds made available for obligation under Public Law 110-329 
and Public Law 111-118, $35,000,000 are permanently rescinded.

           administrative provisions--maritime administration

    Sec. 170.  Notwithstanding any other provision of this Act, 
the Maritime Administration is authorized to furnish utilities 
and services and make necessary repairs in connection with any 
lease, contract, or occupancy involving Government property 
under control of the Maritime Administration, and payments 
received therefor shall be credited to the appropriation 
charged with the cost thereof:  Provided, That rental payments 
under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into 
the Treasury as miscellaneous receipts.
    Sec. 171.  None of the funds available or appropriated in 
this Act shall be used by the United States Department of 
Transportation or the United States Maritime Administration to 
negotiate or otherwise execute, enter into, facilitate or 
perform fee-for-service contracts for vessel disposal, 
scrapping or recycling, unless there is no qualified domestic 
ship recycler that will pay any sum of money to purchase and 
scrap or recycle a vessel owned, operated or managed by the 
Maritime Administration or that is part of the National Defense 
Reserve Fleet. Such sales offers must be consistent with the 
solicitation and provide that the work will be performed in a 
timely manner at a facility qualified within the meaning of 
section 3502 of Public Law 106-398. Nothing contained herein 
shall affect the Maritime Administration's authority to award 
contracts at least cost to the Federal Government and 
consistent with the requirements of 16 U.S.C. Sec. 5405(c), 
section 3502, or otherwise authorized under the Federal 
Acquisition Regulation.
    Sec. 172.  Notwithstanding any other provision of law, none 
of the funds provided in this Act shall be used to make a 
determination of the nonavailability of qualified United States 
flag capacity for purposes of 46 U.S.C. 501(b) for the 
transportation of crude oil distributed from the Strategic 
Petroleum Reserve unless as part of that determination the 
Secretary of Transportation, after consultation with 
representatives from the United States flag maritime industry, 
provides to the Secretary of Homeland Security a list of United 
States flag vessels with single or collective capacity that may 
be capable of providing the requested transportation services 
and a written justification for not using such United States 
flag vessels.

         Pipeline and Hazardous Materials Safety Administration

                          operational expenses

                         (pipeline safety fund)

                     (including transfer of funds)

    For necessary operational expenses of the Pipeline and 
Hazardous Materials Safety Administration, $21,360,000, of 
which $639,000 shall be derived from the Pipeline Safety Fund:  
Provided, That $1,000,000 shall be transferred to ``Pipeline 
Safety'' in order to fund ``Pipeline Safety Information Grants 
to Communities'' as authorized under section 60130 of title 49, 
United States Code.

                       hazardous materials safety

    For expenses necessary to discharge the hazardous materials 
safety functions of the Pipeline and Hazardous Materials Safety 
Administration, $42,338,000, of which $1,716,000 shall remain 
available until September 30, 2014:  Provided, That up to 
$800,000 in fees collected under 49 U.S.C. 5108(g) shall be 
deposited in the general fund of the Treasury as offsetting 
receipts:  Provided further, That there may be credited to this 
appropriation, to be available until expended, funds received 
from States, counties, municipalities, other public 
authorities, and private sources for expenses incurred for 
training, for reports publication and dissemination, and for 
travel expenses incurred in performance of hazardous materials 
exemptions and approvals functions.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

    For expenses necessary to conduct the functions of the 
pipeline safety program, for grants-in-aid to carry out a 
pipeline safety program, as authorized by 49 U.S.C. 60107, and 
to discharge the pipeline program responsibilities of the Oil 
Pollution Act of 1990, $109,252,000, of which $18,573,000 shall 
be derived from the Oil Spill Liability Trust Fund and shall 
remain available until September 30, 2014; and of which 
$90,679,000 shall be derived from the Pipeline Safety Fund, of 
which $48,191,000 shall remain available until September 30, 
2014:  Provided, That not less than $1,058,000 of the funds 
provided under this heading shall be for the one-call State 
grant program.

                     emergency preparedness grants

                     (emergency preparedness fund)

    For necessary expenses to carry out 49 U.S.C. 5128(b), 
$188,000, to be derived from the Emergency Preparedness Fund, 
to remain available until September 30, 2013:  Provided, That 
not more than $28,318,000 shall be made available for 
obligation in fiscal year 2012 from amounts made available by 
49 U.S.C. 5116(i) and 5128(b)-(c):  Provided further, That none 
of the funds made available by 49 U.S.C. 5116(i), 5128(b), or 
5128(c) shall be made available for obligation by individuals 
other than the Secretary of Transportation, or his designee.

           Research and Innovative Technology Administration

                        research and development

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

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of the Inspector 
General to carry out the provisions of the Inspector General 
Act of 1978, as amended, $79,624,000:  Provided, That the 
Inspector General shall have all necessary authority, in 
carrying out the duties specified in the Inspector General Act, 
as amended (5 U.S.C. App. 3), to investigate allegations of 
fraud, including false statements to the government (18 U.S.C. 
1001), by any person or entity that is subject to regulation by 
the Department:  Provided further, That the funds made 
available under this heading may be used to investigate, 
pursuant to section 41712 of title 49, United States Code:
            (1) unfair or deceptive practices and unfair 
        methods of competition by domestic and foreign air 
        carriers and ticket agents; and
            (2) the compliance of domestic and foreign air 
        carriers with respect to item (1) of this proviso:
 Provided further, That no funding through expenditure 
transfers shall be made between either the Federal Highway 
Administration, the Federal Aviation Administration, the 
Federal Transit Administration, or the National Transportation 
Safety Board, and the Office of Inspector General.

                      Surface Transportation Board

                         salaries and expenses

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

            General Provisions--Department of Transportation

    Sec. 180.  During the current fiscal year, applicable 
appropriations to the Department of Transportation shall be 
available for maintenance and operation of aircraft; hire of 
passenger motor vehicles and aircraft; purchase of liability 
insurance for motor vehicles operating in foreign countries on 
official department business; and uniforms or allowances 
therefor, as authorized by law (5 U.S.C. 5901-5902).
    Sec. 181.  Appropriations contained in this Act for the 
Department of Transportation shall be available for services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not 
to exceed the per diem rate equivalent to the rate for an 
Executive Level IV.
    Sec. 182.  None of the funds in this Act shall be available 
for salaries and expenses of more than 110 political and 
Presidential appointees in the Department of Transportation:  
Provided, That none of the personnel covered by this provision 
may be assigned on temporary detail outside the Department of 
Transportation.
    Sec. 183. (a) No recipient of funds made available in this 
Act shall disseminate personal information (as defined in 18 
U.S.C. 2725(3)) obtained by a State department of motor 
vehicles in connection with a motor vehicle record as defined 
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for 
a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not 
withhold funds provided in this Act for any grantee if a State 
is in noncompliance with this provision.
    Sec. 184.  Funds received by the Federal Highway 
Administration, Federal Transit Administration, and Federal 
Railroad Administration from States, counties, municipalities, 
other public authorities, and private sources for expenses 
incurred for training may be credited respectively to the 
Federal Highway Administration's ``Federal-Aid Highways'' 
account, the Federal Transit Administration's ``Research and 
University Research Centers'' account, and to the Federal 
Railroad Administration's ``Safety and Operations'' account, 
except for State rail safety inspectors participating in 
training pursuant to 49 U.S.C. 20105.
    Sec. 185.  None of the funds in this Act to the Department 
of Transportation may be used to make a grant unless the 
Secretary of Transportation notifies the House and Senate 
Committees on Appropriations not less than 3 full business days 
before any project competitively selected to receive a 
discretionary grant award, any discretionary grant award, 
letter of intent, or full funding grant agreement totaling 
$1,000,000 or more is announced by the department or its modal 
administrations from:
            (1) any discretionary grant program of the Federal 
        Highway Administration including the emergency relief 
        program;
            (2) the airport improvement program of the Federal 
        Aviation Administration;
            (3) any program of the Federal Railroad 
        Administration;
            (4) any program of the Federal Transit 
        Administration other than the formula grants and fixed 
        guideway modernization programs; or
            (5) any funding provided under the headings 
        ``National Infrastructure Investments'' and 
        ``Assistance to Small Shipyards'' in this Act:  
        Provided, That the Secretary gives concurrent 
        notification to the House and Senate Committees on 
        Appropriations for any ``quick release'' of funds from 
        the emergency relief program:  Provided further, That 
        no notification shall involve funds that are not 
        available for obligation.
    Sec. 186.  Rebates, refunds, incentive payments, minor fees 
and other funds received by the Department of Transportation 
from travel management centers, charge card programs, the 
subleasing of building space, and miscellaneous sources are to 
be credited to appropriations of the Department of 
Transportation and allocated to elements of the Department of 
Transportation using fair and equitable criteria and such funds 
shall be available until expended.
    Sec. 187.  Amounts made available in this or any other Act 
that the Secretary determines represent improper payments by 
the Department of Transportation to a third-party contractor 
under a financial assistance award, which are recovered 
pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by 
        the Department of Transportation in recovering improper 
        payments; and
            (2) to pay contractors for services provided in 
        recovering improper payments or contractor support in 
        the implementation of the Improper Payments Information 
        Act of 2002:  Provided, That amounts in excess of that 
        required for paragraphs (1) and (2)--
                    (A) shall be credited to and merged with 
                the appropriation from which the improper 
                payments were made, and shall be available for 
                the purposes and period for which such 
                appropriations are available; or
                    (B) if no such appropriation remains 
                available, shall be deposited in the Treasury 
                as miscellaneous receipts:  Provided further, 
                That prior to the transfer of any such recovery 
                to an appropriations account, the Secretary 
                shall notify to the House and Senate Committees 
                on Appropriations of the amount and reasons for 
                such transfer:  Provided further, That for 
                purposes of this section, the term ``improper 
                payments'', has the same meaning as that 
                provided in section 2(d)(2) of Public Law 107-
                300.
    Sec. 188.  Notwithstanding any other provision of law, if 
any funds provided in or limited by this Act are subject to a 
reprogramming action that requires notice to be provided to the 
House and Senate Committees on Appropriations, said 
reprogramming action shall be approved or denied solely by the 
Committees on Appropriations:  Provided, That the Secretary may 
provide notice to other congressional committees of the action 
of the Committees on Appropriations on such reprogramming but 
not sooner than 30 days following the date on which the 
reprogramming action has been approved or denied by the House 
and Senate Committees on Appropriations.
    Sec. 189.  None of the funds appropriated or otherwise made 
available under this Act may be used by the Surface 
Transportation Board of the Department of Transportation to 
charge or collect any filing fee for rate complaints filed with 
the Board in an amount in excess of the amount authorized for 
district court civil suit filing fees under section 1914 of 
title 28, United States Code.
    Sec. 190.  Funds appropriated in this Act to the modal 
administrations may be obligated for the Office of the 
Secretary for the costs related to assessments or reimbursable 
agreements only when such amounts are for the costs of goods 
and services that are purchased to provide a direct benefit to 
the applicable modal administration or administrations.
    Sec. 191. (a) Membership.--Section 49106(c)(1) of title 49, 
United States Code, is amended--
            (1) in the matter preceding subparagraph (A) by 
        striking ``13 members'' and inserting ``17 members'';
            (2) in subparagraph (A) by striking ``5 members'' 
        and inserting ``7 members'';
            (3) in subparagraph (B) by striking ``3 members'' 
        and inserting ``4 members''; and
            (4) in subparagraph (C) by striking ``2 members'' 
        and inserting ``3 members''.
    (b) Term.--Section 49106(c)(3) of title 49, United States 
Code, is amended by striking the second sentence and inserting 
the following: ``Any member of the board shall be eligible for 
reappointment for 1 additional term. A member shall not serve 
after the expiration of the member's term(s).''.
    (c) Removal of Board Members.--Section 49106(c)(6)(C) of 
title 49, United States Code, is amended by inserting after the 
first sentence: ``A member appointed by the Mayor of the 
District of Columbia, the Governor of Maryland or the Governor 
of Virginia may be removed or suspended from office only for 
cause and in accordance with the laws of jurisdiction from 
which the member is appointed.''.
    (d) Approval of Bond Issues and Annual Budget.--Section 
49106(c)(7) of title 49, United States Code, is amended by 
striking ``Eight votes'' and inserting ``Ten votes''.
    Sec. 192.  None of the funds shall be used to enforce 
traffic control device compliance dates on State and local 
governments for the requirements listed in the Manual on 
Uniform Traffic Control Devices (MUTCD) to maintain minimum 
levels of sign retroflectivity and with minimum letter heights 
for street name signs; require agencies to implement an 
assessment or management method designed to maintain sign 
retroflectivity at or above the established minimum levels, 
except with respect to implementing an assessment or management 
method for regulatory and warning signs; or require agencies to 
replace regulatory, warning, post-mounted, street name, and 
overhead guide signs that are identified using the assessment 
or management method as failing to meet the established minimum 
retroflectivity levels.
    This title may be cited as the ``Department of 
Transportation Appropriations Act, 2012''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

               administration, operations, and management

    For necessary salaries and expenses for administration, 
management and operations of the Department of Housing and 
Urban Development, $537,789,000, of which not to exceed 
$3,572,000 shall be available for the immediate Office of the 
Secretary; not to exceed $1,200,000 shall be for the Office of 
the Deputy Secretary and the Chief Operating Officer; not to 
exceed $1,700,000 shall be available for the Office of Hearings 
and Appeals; not to exceed $741,000 shall be available for the 
Office of Small and Disadvantaged Business Utilization; not to 
exceed $47,980,000 shall be available for the Office of the 
Chief Financial Officer; not to exceed $94,000,000 shall be 
available for the Office of the General Counsel; not to exceed 
$2,400,000 shall be available to the Office of Congressional 
and Intergovernmental Relations; not to exceed $3,515,000 shall 
be available for the Office of Public Affairs; not to exceed 
$255,436,000 shall be available for the Office of the Chief 
Human Capital Officer; not to exceed $10,475,000 shall be 
available for the Office of Departmental Operations and 
Coordination; not to exceed $47,500,000 shall be available for 
the Office of Field Policy and Management; not to exceed 
$14,700,000 shall be available for the Office of the Chief 
Procurement Officer; not to exceed $3,610,000 shall be 
available for the Office of Departmental Equal Employment 
Opportunity; not to exceed $1,448,000 shall be available for 
the Center for Faith-Based and Community Initiatives; not to 
exceed $2,627,000 shall be available for the Office of 
Sustainable Housing and Communities; not to exceed $5,000,000 
shall be available for the Office of Strategic Planning and 
Management; and not to exceed $41,885,000 shall be available 
for the Office of the Chief Information Officer:  Provided, 
That funds provided under this heading may be used for 
necessary administrative and non-administrative expenses of the 
Department of Housing and Urban Development, not otherwise 
provided for, including purchase of uniforms, or allowances 
therefore, as authorized by 5 U.S.C. 5901-5902; hire of 
passenger motor vehicles; services as authorized by 5 U.S.C. 
3109:  Provided further, That notwithstanding any other 
provision of law, funds appropriated under this heading may be 
used for advertising and promotional activities that support 
the housing mission area:  Provided further, That the Secretary 
shall transmit to the House and Senate Committees on 
Appropriations a detailed budget justification for each office 
within the Department, including an organizational chart for 
each operating area within the Department:  Provided further, 
That the budget justification shall include funding levels for 
the past 3 fiscal years for all offices:  Provided further, 
that the budget submitted by the Department must also include a 
detailed justification for the incremental funding increases, 
decreases and FTE fluctuations being requested by program, 
activity, or program element:  Provided further, That the 
Department shall modify and improve its Resource Estimation and 
Allocation Program model, or other appropriate staff allocation 
model as specified in the statement of the managers 
accompanying this Act:  Provided further, That the Secretary 
shall provide the Committees on Appropriations quarterly 
written notification regarding the status of pending 
congressional reports:  Provided further, That the Secretary 
shall provide all signed reports required by Congress 
electronically:  Provided further, That not to exceed $25,000 
of the amount made available under this paragraph for the 
immediate Office of the Secretary shall be available for 
official reception and representation expenses as the Secretary 
may determine.

                  Program Office Salaries and Expenses

                       public and indian housing

    For necessary salaries and expenses of the Office of Public 
and Indian Housing, $200,000,000.

                   community planning and development

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

                                housing

    For necessary salaries and expenses of the Office of 
Housing, $391,500,000, of which at least $8,200,000 shall be 
for the Office of Risk and Regulatory Affairs.

                    policy development and research

    For necessary salaries and expenses of the Office of Policy 
Development and Research, $22,211,000.

                   fair housing and equal opportunity

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

            office of healthy homes and lead hazard control

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

                    Rental Assistance Demonstration

    To conduct a demonstration designed to preserve and improve 
public housing and certain other multifamily housing through 
the voluntary conversion of properties with assistance under 
section 9 of the United States Housing Act of 1937, 
(hereinafter, ``the Act''), or the moderate rehabilitation 
program under section 8(e)(2) of the Act (except for funds 
allocated under such section for single room occupancy 
dwellings as authorized by title IV of the McKinney-Vento 
Homeless Assistance Act), to properties with assistance under a 
project-based subsidy contract under section 8 of the Act, 
which shall be eligible for renewal under section 524 of the 
Multifamily Assisted Housing Reform and Affordability Act of 
1997, or assistance under section 8(o)(13) of the Act, the 
Secretary may transfer amounts provided through contracts under 
section 8(e)(2) of the Act or under the headings ``Public 
Housing Capital Fund'' and ``Public Housing Operating Fund'' to 
the headings ``Tenant-Based Rental Assistance'' or ``Project-
Based Rental Assistance'':  Provided, That the initial long-
term contract under which converted assistance is made 
available may allow for rental adjustments only by an operating 
cost factor established by the Secretary, and shall be subject 
to the availability of appropriations for each year of such 
term:  Provided further, That project applications may be 
received under this demonstration until September 30, 2015:  
Provided further, That any increase in cost for ``Tenant-Based 
Rental Assistance'' or ``Project-Based Rental Assistance'' 
associated with such conversion shall be equal to amounts 
transferred from ``Public Housing Capital Fund'' and ``Public 
Housing Operating Fund'' or other account from which it was 
transferred:  Provided further, That not more than 60,000 units 
currently receiving assistance under section 9 or section 
8(e)(2) of the Act shall be converted under the authority 
provided under this heading:  Provided further, That tenants of 
such properties with assistance converted from assistance under 
section 9 shall, at a minimum, maintain the same rights under 
such conversion as those provided under sections 6 and 9 of the 
Act:  Provided further, That the Secretary shall select 
properties from applications for conversion as part of this 
demonstration through a competitive process:  Provided further, 
That in establishing criteria for such competition, the 
Secretary shall seek to demonstrate the feasibility of this 
conversion model to recapitalize and operate public housing 
properties (1) in different markets and geographic areas, (2) 
within portfolios managed by public housing agencies of varying 
sizes, and (3) by leveraging other sources of funding to 
recapitalize properties:  Provided further, That the Secretary 
shall provide an opportunity for public comment on draft 
eligibility and selection criteria and procedures that will 
apply to the selection of properties that will participate in 
the demonstration:  Provided further, That the Secretary shall 
provide an opportunity for comment from residents of properties 
to be proposed for participation in the demonstration to the 
owners or public housing agencies responsible for such 
properties:  Provided further, That the Secretary may waive or 
specify alternative requirements for (except for requirements 
related to fair housing, nondiscrimination, labor standards, 
and the environment) any provision of section 8(o)(13) or any 
provision that governs the use of assistance from which a 
property is converted under the demonstration or funds made 
available under the headings of ``Public Housing Capital 
Fund'', ``Public Housing Operating Fund'', and ``Project-Based 
Rental Assistance'', under this Act or any prior Act or any Act 
enacted during the period of conversion of assistance under the 
demonstration for properties with assistance converted under 
the demonstration, upon a finding by the Secretary that any 
such waivers or alternative requirements are necessary for the 
effective conversion of assistance under the demonstration:  
Provided further, That the Secretary shall publish by notice in 
the Federal Register any waivers or alternative requirements 
pursuant to the previous proviso no later than 10 days before 
the effective date of such notice:  Provided further, That the 
demonstration may proceed after the Secretary publishes notice 
of its terms in the Federal Register:  Provided further, That 
notwithstanding sections 3 and 16 of the Act, the conversion of 
assistance under the demonstration shall not be the basis for 
re-screening or termination of assistance or eviction of any 
tenant family in a property participating in the demonstration, 
and such a family shall not be considered a new admission for 
any purpose, including compliance with income targeting 
requirements:  Provided further, That in the case of a property 
with assistance converted under the demonstration from 
assistance under section 9 of the Act, section 18 of the Act 
shall not apply to a property converting assistance under the 
demonstration for all or substantially all of its units, the 
Secretary shall require ownership or control of assisted units 
by a public or nonprofit entity except as determined by the 
Secretary to be necessary pursuant to foreclosure, bankruptcy, 
or termination and transfer of assistance for material 
violations or substantial default, in which case the priority 
for ownership or control shall be provided to a capable public 
entity, then a capable entity, as determined by the Secretary, 
shall require long-term renewable use and affordability 
restrictions for assisted units, and may allow ownership to be 
transferred to a for-profit entity to facilitate the use of tax 
credits only if the public housing agency preserves its 
interest in the property in a manner approved by the Secretary, 
and upon expiration of the initial contract and each renewal 
contract, the Secretary shall offer and the owner of the 
property shall accept renewal of the contract subject to the 
terms and conditions applicable at the time of renewal and the 
availability of appropriations each year of such renewal:  
Provided further, That the Secretary may permit transfer of 
assistance at or after conversion under the demonstration to 
replacement units subject to the requirements in the previous 
proviso:  Provided further, That the Secretary may establish 
the requirements for converted assistance under the 
demonstration through contracts, use agreements, regulations, 
or other means:  Provided further, That the Secretary shall 
assess and publish findings regarding the impact of the 
conversion of assistance under the demonstration on the 
preservation and improvement of public housing, the amount of 
private sector leveraging as a result of such conversion, and 
the effect of such conversion on tenants:  Provided further, 
That for fiscal years 2012 and 2013, owners of properties 
assisted under section 101 of the Housing and Urban Development 
Act of 1965, section 236(f)(2) of the National Housing Act, or 
section 8(e)(2) (except for funds allocated under such section 
for single room occupancy dwellings as authorized by title IV 
of the McKinney-Vento Homeless Assistance Act) of the United 
States Housing Act of 1937 for which an event after October 1, 
2006 has caused or results in the termination of rental 
assistance or affordability restrictions and the issuance of 
tenant protection vouchers under section 8(o) of the Act, shall 
be eligible, subject to requirements established by the 
Secretary, including but not limited to tenant consultation 
procedures and agreement of the administering public housing 
agency, for conversion of assistance available for such 
vouchers to assistance under section 8(o)(13) of the Act, to 
which the limitation under subsection (B) of section 8(o)(13) 
of the Act shall not apply and for which the Secretary of 
Housing and Urban Development may waive or alter the provisions 
of subparagraphs (C) and (D) of section 8(o)(13) of the Act:  
Provided further, That with respect to the previous proviso, 
the Comptroller General of the United States shall conduct a 
study of the long-term impact of the previous proviso on the 
ratio of tenant-based vouchers to project-based vouchers.

                       Public and Indian Housing

                     tenant-based rental assistance

    For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States 
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (``the 
Act'' herein), not otherwise provided for, $14,914,369,000, to 
remain available until expended, shall be available on October 
1, 2011 (in addition to the $4,000,000,000 previously 
appropriated under this heading that became available on 
October 1, 2011), and $4,000,000,000, to remain available until 
expended, shall be available on October 1, 2012:  Provided, 
That of the amounts made available under this heading are 
provided as follows:
            (1) $17,242,351,000 shall be available for renewals 
        of expiring section 8 tenant-based annual contributions 
        contracts (including renewals of enhanced vouchers 
        under any provision of law authorizing such assistance 
        under section 8(t) of the Act) and including renewal of 
        other special purpose incremental vouchers:  Provided, 
        That notwithstanding any other provision of law, from 
        amounts provided under this paragraph and any 
        carryover, the Secretary for the calendar year 2012 
        funding cycle shall provide renewal funding for each 
        public housing agency based on validated voucher 
        management system (VMS) leasing and cost data for the 
        prior calendar year and by applying an inflation factor 
        as established by the Secretary, by notice published in 
        the Federal Register, and by making any necessary 
        adjustments for the costs associated with the first-
        time renewal of vouchers under this paragraph including 
        tenant protection and HOPE VI vouchers:  Provided 
        further, That none of the funds provided under this 
        paragraph may be used to fund a total number of unit 
        months under lease which exceeds a public housing 
        agency's authorized level of units under contract, 
        except for public housing agencies participating in the 
        Moving to Work (MTW) demonstration, which are instead 
        governed by the terms and conditions of their MTW 
        agreements:  Provided further, That the Secretary 
        shall, to the extent necessary to stay within the 
        amount specified under this paragraph (except as 
        otherwise modified under this Act), pro rate each 
        public housing agency's allocation otherwise 
        established pursuant to this paragraph:  Provided 
        further, That except as provided in the following 
        provisos, the entire amount specified under this 
        paragraph (except as otherwise modified under this Act) 
        shall be obligated to the public housing agencies based 
        on the allocation and pro rata method described above, 
        and the Secretary shall notify public housing agencies 
        of their annual budget not later than 60 days after 
        enactment of this Act:  Provided further, That the 
        Secretary may extend the 60-day notification period 
        with the prior written approval of the House and Senate 
        Committees on Appropriations:  Provided further, That 
        public housing agencies participating in the Moving to 
        Work demonstration shall be funded pursuant to their 
        Moving to Work agreements and shall be subject to the 
        same pro rata adjustments under the previous provisos:  
        Provided further, That up to $103,000,000 shall be 
        available only: (1) to adjust the allocations for 
        public housing agencies, after application for an 
        adjustment by a public housing agency that experienced 
        a significant increase, as determined by the Secretary, 
        in renewal costs of tenant-based rental assistance 
        resulting from unforeseen circumstances or from 
        portability under section 8(r) of the Act; (2) for 
        vouchers that were not in use during the 12-month 
        period in order to be available to meet a commitment 
        pursuant to section 8(o)(13) of the Act; (3) for 
        adjustments for costs associated with HUD-Veterans 
        Affairs Supportive Housing (HUD-VASH) vouchers; and (4) 
        for incremental tenant-based assistance for eligible 
        families currently assisted under the Disaster Voucher 
        Program as authorized by Public Law 109-148 under this 
        heading and the Disaster Housing Assistance Program for 
        Hurricanes Ike and Gustav on the condition that such 
        vouchers will not be re-issued when families leave the 
        program:  Provided further, That the Secretary shall 
        allocate amounts under the previous proviso based on 
        need as determined by the Secretary;
            (2) $75,000,000 shall be for section 8 rental 
        assistance for relocation and replacement of housing 
        units that are demolished or disposed of pursuant to 
        section 18 of the Act, conversion of section 23 
        projects to assistance under section 8, the family 
        unification program under section 8(x) of the Act, 
        relocation of witnesses in connection with efforts to 
        combat crime in public and assisted housing pursuant to 
        a request from a law enforcement or prosecution agency, 
        enhanced vouchers under any provision of law 
        authorizing such assistance under section 8(t) of the 
        Act, HOPE VI vouchers, mandatory and voluntary 
        conversions, and tenant protection assistance including 
        replacement and relocation assistance or for project-
        based assistance to prevent the displacement of 
        unassisted elderly tenants currently residing in 
        section 202 properties financed between 1959 and 1974 
        that are refinanced pursuant to Public Law 106-569, as 
        amended, or under the authority as provided under this 
        Act:  Provided, That when a public housing development 
        is submitted for demolition or disposition under 
        section 18 of the Act, the Secretary may provide 
        section 8 rental assistance when the units pose an 
        imminent health and safety risk to residents:  Provided 
        further, That the Secretary may only provide 
        replacement vouchers for units that were occupied 
        within the previous 24 months that cease to be 
        available as assisted housing, subject only to the 
        availability of funds:  Provided further, That of the 
        amounts made available under this paragraph, 
        $10,000,000 may be available to provide tenant 
        protection assistance, not otherwise provided under 
        this paragraph, to residents residing in low-vacancy 
        areas and who may have to pay rents greater than 30 
        percent of household income, as the result of (1) the 
        maturity of a HUD-insured, HUD-held or section 202 loan 
        that requires the permission of the Secretary prior to 
        loan prepayment; (2) the expiration of a rental 
        assistance contract for which the tenants are not 
        eligible for enhanced voucher or tenant protection 
        assistance under existing law; or (3) the expiration of 
        affordability restrictions accompanying a mortgage or 
        preservation program administered by the Secretary:  
        Provided further, That such tenant protection 
        assistance made available under the previous proviso 
        may be provided under the authority of section 8(t) or 
        section 8(o)(13) of the United States Housing Act of 
        1937 (42 U.S.C. 1437f(t)):  Provided further, That the 
        Secretary shall issue guidance to implement the 
        previous provisos, including, but not limited to, 
        requirements for defining eligible at-risk households 
        within 120 days of the enactment of this Act;
            (3) $1,350,000,000 shall be for administrative and 
        other expenses of public housing agencies in 
        administering the section 8 tenant-based rental 
        assistance program, of which up to $50,000,000 shall be 
        available to the Secretary to allocate to public 
        housing agencies that need additional funds to 
        administer their section 8 programs, including fees 
        associated with section 8 tenant protection rental 
        assistance, the administration of disaster related 
        vouchers, Veterans Affairs Supportive Housing vouchers, 
        and other incremental vouchers:  Provided, That no less 
        than $1,300,000,000 of the amount provided in this 
        paragraph shall be allocated to public housing agencies 
        for the calendar year 2012 funding cycle based on 
        section 8(q) of the Act (and related Appropriation Act 
        provisions) as in effect immediately before the 
        enactment of the Quality Housing and Work 
        Responsibility Act of 1998 (Public Law 105-276):  
        Provided further, That if the amounts made available 
        under this paragraph are insufficient to pay the 
        amounts determined under the previous proviso, the 
        Secretary may decrease the amounts allocated to 
        agencies by a uniform percentage applicable to all 
        agencies receiving funding under this paragraph or may, 
        to the extent necessary to provide full payment of 
        amounts determined under the previous proviso, utilize 
        unobligated balances, including recaptures and 
        carryovers, remaining from funds appropriated to the 
        Department of Housing and Urban Development under this 
        heading from prior fiscal years, notwithstanding the 
        purposes for which such amounts were appropriated:  
        Provided further, That amounts provided under this 
        paragraph shall be only for activities related to the 
        provision of tenant-based rental assistance authorized 
        under section 8, including related development 
        activities;
            (4) $60,000,000 shall be available for family self-
        sufficiency coordinators under section 23 of the Act;
            (5) $112,018,000 for the renewal of tenant-based 
        assistance contracts under section 811 of the Cranston-
        Gonzalez National Affordable Housing Act (42 U.S.C. 
        8013), including necessary administrative expenses;
            (6) $75,000,000 for incremental rental voucher 
        assistance for use through a supported housing program 
        administered in conjunction with the Department of 
        Veterans Affairs as authorized under section 8(o)(19) 
        of the United States Housing Act of 1937:  Provided, 
        That the Secretary of Housing and Urban Development 
        shall make such funding available, notwithstanding 
        section 204 (competition provision) of this title, to 
        public housing agencies that partner with eligible VA 
        Medical Centers or other entities as designated by the 
        Secretary of the Department of Veterans Affairs, based 
        on geographical need for such assistance as identified 
        by the Secretary of the Department of Veterans Affairs, 
        public housing agency administrative performance, and 
        other factors as specified by the Secretary of Housing 
        and Urban Development in consultation with the 
        Secretary of the Department of Veterans Affairs:  
        Provided further, That the Secretary of Housing and 
        Urban Development may waive, or specify alternative 
        requirements for (in consultation with the Secretary of 
        the Department of Veterans Affairs), any provision of 
        any statute or regulation that the Secretary of Housing 
        and Urban Development administers in connection with 
        the use of funds made available under this paragraph 
        (except for requirements related to fair housing, 
        nondiscrimination, labor standards, and the 
        environment), upon a finding by the Secretary that any 
        such waivers or alternative requirements are necessary 
        for the effective delivery and administration of such 
        voucher assistance:  Provided further, That assistance 
        made available under this paragraph shall continue to 
        remain available for homeless veterans upon turn-over; 
        and
            (7) The Secretary shall separately track all 
        special purpose vouchers funded under this heading.

                        housing certificate fund

                              (rescission)

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

                      public housing capital fund

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

                     public housing operating fund

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

                    choice neighborhoods initiative

    For competitive grants under the Choice Neighborhoods 
Initiative (subject to section 24 of the United States Housing 
Act of 1937 (42 U.S.C. 1437v), unless otherwise specified under 
this heading), for transformation, rehabilitation, and 
replacement housing needs of both public and HUD-assisted 
housing and to transform neighborhoods of poverty into 
functioning, sustainable mixed income neighborhoods with 
appropriate services, schools, public assets, transportation 
and access to jobs, $120,000,000, to remain available until 
September 30, 2014:  Provided, That grant funds may be used for 
resident and community services, community development, and 
affordable housing needs in the community, and for conversion 
of vacant or foreclosed properties to affordable housing:  
Provided further, That use of funds made available under this 
heading shall not be deemed to be public housing 
notwithstanding section 3(b)(1) of such Act:  Provided further, 
That grantees shall commit to an additional period of 
affordability determined by the Secretary, but not fewer than 
20 years:  Provided further, That grantees shall undertake 
comprehensive local planning with input from residents and the 
community, and that grantees shall provide a match in State, 
local, other Federal or private funds:  Provided further, That 
grantees may include local governments, tribal entities, public 
housing authorities, and nonprofits:  Provided further, That 
for-profit developers may apply jointly with a public entity:  
Provided further, That of the amount provided, not less than 
$80,000,000 shall be awarded to public housing authorities:  
Provided further, That such grantees shall create partnerships 
with other local organizations including assisted housing 
owners, service agencies, and resident organizations:  Provided 
further, That the Secretary shall consult with the Secretaries 
of Education, Labor, Transportation, Health and Human Services, 
Agriculture, and Commerce and the Administrator of the 
Environmental Protection Agency to coordinate and leverage 
other appropriate Federal resources:  Provided further, That no 
more than $5,000,000 of funds made available under this heading 
may be provided to assist communities in developing 
comprehensive strategies for implementing this program or 
implementing other revitalization efforts in conjunction with 
community notice and input:  Provided further, That the 
Secretary shall develop and publish guidelines for the use of 
such competitive funds, including but not limited to eligible 
activities, program requirements, and performance metrics.

                  native american housing block grants

    For the Native American Housing Block Grants program, as 
authorized under title I of the Native American Housing 
Assistance and Self-Determination Act of 1996 (NAHASDA) (25 
U.S.C. 4111 et seq.), $650,000,000, to remain available until 
September 30, 2016:  Provided, That, notwithstanding the Native 
American Housing Assistance and Self-Determination Act of 1996, 
to determine the amount of the allocation under title I of such 
Act for each Indian tribe, the Secretary shall apply the 
formula under section 302 of such Act with the need component 
based on single-race census data and with the need component 
based on multi-race census data, and the amount of the 
allocation for each Indian tribe shall be the greater of the 
two resulting allocation amounts:  Provided further, That of 
the amounts made available under this heading, $2,000,000 shall 
be contracted for assistance for national or regional 
organizations representing Native American housing interests 
for providing training and technical assistance to Indian 
housing authorities and tribally designated housing entities 
and $2,000,000 shall be to support the inspection of Indian 
housing units, contract expertise, training, and technical 
assistance in the training, oversight, and management of such 
Indian housing and tenant-based assistance, including up to 
$200,000 for related travel:  Provided further, That of the 
amount provided under this heading, $2,000,000 shall be made 
available for the cost of guaranteed notes and other 
obligations, as authorized by title VI of NAHASDA:  Provided 
further, That such costs, including the costs of modifying such 
notes and other obligations, shall be as defined in section 502 
of the Congressional Budget Act of 1974, as amended:  Provided 
further, That these funds are available to subsidize the total 
principal amount of any notes and other obligations, any part 
of which is to be guaranteed, not to exceed $20,000,000:  
Provided further, That the Department will notify grantees of 
their formula allocation within 60 days of enactment of this 
Act.

                  native hawaiian housing block grant

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

           indian housing loan guarantee fund program account

    For the cost of guaranteed loans, as authorized by section 
184 of the Housing and Community Development Act of 1992 (12 
U.S.C. 1715z), $6,000,000, to remain available until expended:  
Provided, That such costs, including the costs of modifying 
such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, That these 
funds are available to subsidize total loan principal, any part 
of which is to be guaranteed, up to $360,000,000:  Provided 
further, That up to $750,000 of this amount may be used for 
administrative contract expenses including management processes 
and systems to carry out the loan guarantee program.

      native hawaiian housing loan guarantee fund program account

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

                   Community Planning and Development

              housing opportunities for persons with aids

    For carrying out the Housing Opportunities for Persons with 
AIDS program, as authorized by the AIDS Housing Opportunity Act 
(42 U.S.C. 12901 et seq.), $332,000,000, to remain available 
until September 30, 2013, except that amounts allocated 
pursuant to section 854(c)(3) of such Act shall remain 
available until September 30, 2014:  Provided, That the 
Secretary shall renew all expiring contracts for permanent 
supportive housing that were funded under section 854(c)(3) of 
such Act that meet all program requirements before awarding 
funds for new contracts and activities authorized under this 
section:  Provided further, That the Department shall notify 
grantees of their formula allocation within 60 days of 
enactment of this Act.

                       community development fund

    For assistance to units of State and local government, and 
to other entities, for economic and community development 
activities, and for other purposes, $3,308,090,000, to remain 
available until September 30, 2014, unless otherwise specified: 
 Provided, That of the total amount provided, not less than 
$2,948,090,000 is for carrying out the community development 
block grant program under title I of the Housing and Community 
Development Act of 1974, as amended (the ``Act'' herein) (42 
U.S.C. 5301 et seq.):  Provided further, That unless explicitly 
provided for under this heading, not to exceed 20 percent of 
any grant made with funds appropriated under this heading shall 
be expended for planning and management development and 
administration:  Provided further, That $60,000,000 shall be 
for grants to Indian tribes notwithstanding section 106(a)(1) 
of such Act, of which, notwithstanding any other provision of 
law (including section 204 of this Act), up to $3,960,000 may 
be used for emergencies that constitute imminent threats to 
health and safety:  Provided further, That none of the funds 
made available under this heading may be used for grants for 
the Economic Development Initiative (``EDI'') or Neighborhood 
Initiatives activities, Rural Innovation Fund, or for grants 
pursuant to section 107 of the Housing and Community 
Development Act of 1974 (42 U.S.C. 5307):  Provided further, 
That the Department shall notify grantees of their formula 
allocation within 60 days of enactment of this Act.
    

         community development loan guarantees program account

    For the cost of guaranteed loans, $5,952,000, to remain 
available until September 30, 2013, as authorized by section 
108 of the Housing and Community Development Act of 1974 (42 
U.S.C. 5308):  Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, That these 
funds are available to subsidize total loan principal, any part 
of which is to be guaranteed, not to exceed $240,000,000, 
notwithstanding any aggregate limitation on outstanding 
obligations guaranteed in section 108(k) of the Housing and 
Community Development Act of 1974, as amended.

                  home investment partnerships program

    For the HOME investment partnerships program, as authorized 
under title II of the Cranston-Gonzalez National Affordable 
Housing Act, as amended, $1,000,000,000, to remain available 
until September 30, 2014:  Provided, That notwithstanding the 
amount made available under this heading, the threshold 
reduction requirements in sections 216(10) and 217(b)(4) of 
such Act shall not apply to allocation of such amount:  
Provided further, That funds made available under this heading 
used for projects not completed within 4 years of the 
commitment date, as determined by a signature of each party to 
the agreement shall be repaid:  Provided further, That the 
Secretary may extend the deadline for 1 year if the Secretary 
determines that the failure to complete the project is beyond 
the control of the participating jurisdiction:  Provided 
further, That no funds provided under this heading may be 
committed to any project included as part of a participating 
jurisdiction's plan under section 105(b), unless each 
participating jurisdiction certifies that it has conducted an 
underwriting review, assessed developer capacity and fiscal 
soundness, and examined neighborhood market conditions to 
ensure adequate need for each project:  Provided further, That 
any homeownership units funded under this heading which cannot 
be sold to an eligible homeowner within 6 months of project 
completion shall be rented to an eligible tenant:  Provided 
further, That no funds provided under this heading may be 
awarded for development activities to a community housing 
development organization that cannot demonstrate that it has 
staff with demonstrated development experience:  Provided 
further, That funds provided in prior appropriations Acts for 
technical assistance, that were made available for Community 
Housing Development Organizations technical assistance, and 
that still remain available, may be used for HOME technical 
assistance notwithstanding the purposes for which such amounts 
were appropriated:  Provided further, That the Department shall 
notify grantees of their formula allocation within 60 days of 
enactment of this Act.

        self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity 
Program, as authorized under section 11 of the Housing 
Opportunity Program Extension Act of 1996, as amended, 
$53,500,000, to remain available until September 30, 2014:  
Provided, That of the total amount provided under this heading, 
$13,500,000 shall be made available to the Self-Help and 
Assisted Homeownership Opportunity Program as authorized under 
section 11 of the Housing Opportunity Program Extension Act of 
1996, as amended:  Provided further, That $35,000,000 shall be 
made available for the second, third and fourth capacity 
building activities authorized under section 4(a) of the HUD 
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not 
less than $5,000,000 may be made available for rural capacity-
building activities:  Provided further, That $5,000,000 shall 
be made available for capacity-building activities for national 
organizations with expertise in rural housing, including 
experience working with rural housing organizations, local 
governments, and Indian tribes.

                       homeless assistance grants

                     (including transfer of funds)

    For the emergency solutions grants program as authorized 
under subtitle B of title IV of the McKinney-Vento Homeless 
Assistance Act, as amended; the continuum of care program as 
authorized under subtitle C of title IV of such Act; and the 
rural housing stability assistance program as authorized under 
subtitle D of title IV of such Act, $1,901,190,000, of which 
$1,896,190,000 shall remain available until September 30, 2014, 
and of which $5,000,000 shall remain available until expended 
for project-based rental assistance with rehabilitation 
projects with 10-year grant terms and any rental assistance 
amounts that are recaptured under such continuum of care 
program shall remain available until expended:  Provided, That 
not less than $250,000,000 of the funds appropriated under this 
heading shall be available for such emergency solutions grants 
program:  Provided further, That not less than $1,593,000,000 
of the funds appropriated under this heading shall be available 
for such continuum of care and rural housing stability 
assistance programs:  Provided further, That up to $7,000,000 
of the funds appropriated under this heading shall be available 
for the national homeless data analysis project:  Provided 
further, That all funds awarded for supportive services under 
the continuum of care program and the rural housing stability 
assistance program shall be matched by not less than 25 percent 
in cash or in kind by each grantee:  Provided further, That for 
all match requirements applicable to funds made available under 
this heading for this fiscal year and prior years, a grantee 
may use (or could have used) as a source of match funds other 
funds administered by the Secretary and other Federal agencies 
unless there is (or was) a specific statutory prohibition on 
any such use of any such funds:  Provided further, That the 
Secretary shall renew on an annual basis expiring contracts or 
amendments to contracts funded under the continuum of care 
program if the program is determined to be needed under the 
applicable continuum of care and meets appropriate program 
requirements and financial standards, as determined by the 
Secretary:  Provided further, That all awards of assistance 
under this heading shall be required to coordinate and 
integrate homeless programs with other mainstream health, 
social services, and employment programs for which homeless 
populations may be eligible, including Medicaid, State 
Children's Health Insurance Program, Temporary Assistance for 
Needy Families, Food Stamps, and services funding through the 
Mental Health and Substance Abuse Block Grant, Workforce 
Investment Act, and the Welfare-to-Work grant program:  
Provided further, That all balances for Shelter Plus Care 
renewals previously funded from the Shelter Plus Care Renewal 
account and transferred to this account shall be available, if 
recaptured, for continuum of care renewals in fiscal year 2012: 
 Provided further, That the Department shall notify grantees of 
their formula allocation from amounts allocated (which may 
represent initial or final amounts allocated) for the emergency 
solutions grant program within 60 days of enactment of this 
Act.

                            Housing Programs

                    project-based rental assistance

    For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act of 
1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise 
provided for, $8,939,672,000, to remain available until 
expended, shall be available on October 1, 2011 (in addition to 
the $400,000,000 previously appropriated under this heading 
that became available October 1, 2011), and $400,000,000, to 
remain available until expended, shall be available on October 
1, 2012:  Provided, That the amounts made available under this 
heading shall be available for expiring or terminating section 
8 project-based subsidy contracts (including section 8 moderate 
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts (including section 8 moderate 
rehabilitation contracts), for contracts entered into pursuant 
to section 441 of the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11401), for renewal of section 8 contracts for units 
in projects that are subject to approved plans of action under 
the Emergency Low Income Housing Preservation Act of 1987 or 
the Low-Income Housing Preservation and Resident Homeownership 
Act of 1990, and for administrative and other expenses 
associated with project-based activities and assistance funded 
under this paragraph:  Provided further, That of the total 
amounts provided under this heading, not to exceed $289,000,000 
shall be available for performance-based contract 
administrators for section 8 project-based assistance:  
Provided further, That the Secretary of Housing and Urban 
Development may also use such amounts in the previous proviso 
for performance-based contract administrators for the 
administration of: interest reduction payments pursuant to 
section 236(a) of the National Housing Act (12 U.S.C. 1715z-
1(a)); rent supplement payments pursuant to section 101 of the 
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s); 
section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-
1(f)(2)); project rental assistance contracts for the elderly 
under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 
1701q); project rental assistance contracts for supportive 
housing for persons with disabilities under section 811(d)(2) 
of the Cranston-Gonzalez National Affordable Housing Act (42 
U.S.C. 8013(d)(2)); project assistance contracts pursuant to 
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 
73 Stat. 667); and loans under section 202 of the Housing Act 
of 1959 (Public Law 86-372; 73 Stat. 667):  Provided further, 
That amounts recaptured under this heading may be used for 
renewals of or amendments to section 8 project-based contracts 
or for performance-based contract administrators, 
notwithstanding the purposes for which such amounts were 
appropriated.

                        housing for the elderly

    For amendments to capital advance contracts for housing for 
the elderly, as authorized by section 202 of the Housing Act of 
1959, as amended, and for project rental assistance for the 
elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of 
expiring contracts for such assistance for up to a 1-year term, 
and for senior preservation rental assistance contracts, as 
authorized by section 811(e) of the American Housing and 
Economic Opportunity Act of 2000, as amended, and for 
supportive services associated with the housing, $374,627,000 
to remain available until September 30, 2015:  Provided, That 
of the amount provided under this heading, up to $91,000,000 
shall be for service coordinators and the continuation of 
existing congregate service grants for residents of assisted 
housing projects, and of which up to $25,000,000 shall be for 
grants under section 202b of the Housing Act of 1959 (12 U.S.C. 
1701q-2) for conversion of eligible projects under such section 
to assisted living, service-enriched housing, or related use 
for substantial and emergency repairs as determined by the 
Secretary:  Provided further, That amounts under this heading 
shall be available for Real Estate Assessment Center 
inspections and inspection-related activities associated with 
section 202 capital advance projects:  Provided further, That 
the Secretary may waive the provisions of section 202 governing 
the terms and conditions of project rental assistance, except 
that the initial contract term for such assistance shall not 
exceed 5 years in duration.

                 housing for persons with disabilities

    For amendments to capital advance contracts for supportive 
housing for persons with disabilities, as authorized by section 
811 of the Cranston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 8013) and for project rental assistance for 
supportive housing for persons with disabilities under section 
811(d)(2) of such Act and for project assistance contracts 
pursuant to section 202(h) of the Housing Act of 1959 (Public 
Law 86-372; 73 STAT. 667), including amendments to contracts 
for such assistance and renewal of expiring contracts for such 
assistance for up to a 1-year term, and for supportive services 
associated with the housing for persons with disabilities as 
authorized by section 811(b)(1) of such Act, $165,000,000 to 
remain available until September 30, 2015:  Provided, That the 
Secretary may waive the provisions of section 811 governing the 
terms and conditions of project rental assistance, except that 
the initial contract term for such assistance shall not exceed 
5 years in duration:  Provided further, That amounts made 
available under this heading shall be available for Real Estate 
Assessment Center inspections and inspection-related activities 
associated with section 811 Capital Advance Projects:  Provided 
further, That the Secretary shall conduct a demonstration 
program to make available funds provided under this heading for 
project rental assistance to State housing finance agencies and 
other appropriate entities as authorized under section 
811(b)(3) of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 8013(b)(3)).

                     HOUSING COUNSELING ASSISTANCE

    For contracts, grants, and other assistance excluding 
loans, as authorized under section 106 of the Housing and Urban 
Development Act of 1968, as amended, $45,000,000, including up 
to $2,500,000 for administrative contract services, to remain 
available until September 30, 2012: Provided, That grants made 
available from amounts provided under this heading shall be 
awarded within 120 days of enactment of this Act:  Provided 
further, That funds shall be used for providing counseling and 
advice to tenants and homeowners, both current and prospective, 
with respect to property maintenance, financial management/
literacy, and such other matters as may be appropriate to 
assist them in improving their housing conditions, meeting 
their financial needs, and fulfilling the responsibilities of 
tenancy or homeownership; for program administration; and for 
housing counselor training.

                    other assisted housing programs

                       rental housing assistance

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

                            rent supplement

                              (rescission)

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

            payment to manufactured housing fees trust fund

    For necessary expenses as authorized by the National 
Manufactured Housing Construction and Safety Standards Act of 
1974 (42 U.S.C. 5401 et seq.), up to $6,500,000, to remain 
available until expended, of which $4,000,000 is to be derived 
from the Manufactured Housing Fees Trust Fund:  Provided, That 
not to exceed the total amount appropriated under this heading 
shall be available from the general fund of the Treasury to the 
extent necessary to incur obligations and make expenditures 
pending the receipt of collections to the Fund pursuant to 
section 620 of such Act:  Provided further, That the amount 
made available under this heading from the general fund shall 
be reduced as such collections are received during fiscal year 
2012 so as to result in a final fiscal year 2012 appropriation 
from the general fund estimated at not more than $2,500,000 and 
fees pursuant to such section 620 shall be modified as 
necessary to ensure such a final fiscal year 2012 
appropriation:  Provided further, That for the dispute 
resolution and installation programs, the Secretary of Housing 
and Urban Development may assess and collect fees from any 
program participant:  Provided further, That such collections 
shall be deposited into the Fund, and the Secretary, as 
provided herein, may use such collections, as well as fees 
collected under section 620, for necessary expenses of such 
Act:  Provided further, That notwithstanding the requirements 
of section 620 of such Act, the Secretary may carry out 
responsibilities of the Secretary under such Act through the 
use of approved service providers that are paid directly by the 
recipients of their services.

                     Federal Housing Administration

               mutual mortgage insurance program account

                     (including transfers of funds)

    New commitments to guarantee single family loans insured 
under the Mutual Mortgage Insurance Fund shall not exceed 
$400,000,000,000, to remain available until September 30, 2013: 
 Provided, That during fiscal year 2012, obligations to make 
direct loans to carry out the purposes of section 204(g) of the 
National Housing Act, as amended, shall not exceed $50,000,000: 
 Provided further, That the foregoing amount in the previous 
proviso shall be for loans to nonprofit and governmental 
entities in connection with sales of single family real 
properties owned by the Secretary and formerly insured under 
the Mutual Mortgage Insurance Fund. For administrative contract 
expenses of the Federal Housing Administration, $207,000,000, 
to remain available until September 30, 2013, of which up to 
$71,500,000 may be transferred to and merged with the Working 
Capital Fund:  Provided further, That to the extent guaranteed 
loan commitments exceed $200,000,000,000 on or before April 1, 
2012, an additional $1,400 for administrative contract expenses 
shall be available for each $1,000,000 in additional guaranteed 
loan commitments (including a pro rata amount for any amount 
below $1,000,000), but in no case shall funds made available by 
this proviso exceed $30,000,000.

                general and special risk program account

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

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

    New commitments to issue guarantees to carry out the 
purposes of section 306 of the National Housing Act, as amended 
(12 U.S.C. 1721(g)), shall not exceed $500,000,000,000, to 
remain available until September 30, 2013:  Provided, That 
$19,500,000 shall be available for personnel compensation and 
benefits, and other administrative expenses of the Government 
National Mortgage Association:  Provided further, That to the 
extent that guaranteed loan commitments will and do exceed 
$155,000,000,000 on or before April 1, 2012, an additional $100 
for personnel compensation and benefits, and administrative 
expenses shall be available until expended for each $1,000,000 
in additional guaranteed loan commitments (including a pro rata 
amount for any amount below $1,000,000), but in no case shall 
funds made available by this proviso exceed $3,000,000:  
Provided further, That receipts from Commitment and Multiclass 
fees collected pursuant to title III of the National Housing 
Act, as amended, shall be credited as offsetting collections to 
this account.

                    Policy Development and Research

                        research and technology

    For contracts, grants, and necessary expenses of programs 
of research and studies relating to housing and urban problems, 
not otherwise provided for, as authorized by title V of the 
Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 et 
seq.), including carrying out the functions of the Secretary of 
Housing and Urban Development under section 1(a)(1)(i) of 
Reorganization Plan No. 2 of 1968, $46,000,000, to remain 
available until September 30, 2013:  Provided, That with 
respect to amounts made available under this heading, 
notwithstanding section 204 of this title, the Secretary may 
enter into cooperative agreements funded with philanthropic 
entities, other Federal agencies, or State or local governments 
and their agencies for research projects:  Provided further, 
That with respect to the previous proviso, such partners to the 
cooperative agreements must contribute at least a 50 percent 
match toward the cost of the project:  Provided further, That 
for non-competitive agreements entered into in accordance with 
the previous two provisos, the Secretary of Housing and Urban 
Development shall comply with section 2(b) of the Federal 
Funding Accountability and Transparency Act of 2006 (Public Law 
109-282, 31 U.S.C. note) in lieu of compliance with section 
102(a)(4)(C) with respect to documentation of award decisions.

                   Fair Housing and Equal Opportunity

                        fair housing activities

    For contracts, grants, and other assistance, not otherwise 
provided for, as authorized by title VIII of the Civil Rights 
Act of 1968, as amended by the Fair Housing Amendments Act of 
1988, and section 561 of the Housing and Community Development 
Act of 1987, as amended, $70,847,000, to remain available until 
September 30, 2013, of which $42,500,000 shall be to carry out 
activities pursuant to such section 561:  Provided, That 
notwithstanding 31 U.S.C. 3302, the Secretary may assess and 
collect fees to cover the costs of the Fair Housing Training 
Academy, and may use such funds to provide such training:  
Provided further, That no funds made available under this 
heading shall be used to lobby the executive or legislative 
branches of the Federal Government in connection with a 
specific contract, grant or loan:  Provided further, That of 
the funds made available under this heading, $300,000 shall be 
available to the Secretary of Housing and Urban Development for 
the creation and promotion of translated materials and other 
programs that support the assistance of persons with limited 
English proficiency in utilizing the services provided by the 
Department of Housing and Urban Development.

            Office of Healthy Homes and Lead Hazard Control

                         lead hazard reduction

    For the Lead Hazard Reduction Program, as authorized by 
section 1011 of the Residential Lead-Based Paint Hazard 
Reduction Act of 1992, $120,000,000, to remain available until 
September 30, 2013:  Provided, That up to $10,000,000 of that 
amount shall be for the Healthy Homes Initiative, pursuant to 
sections 501 and 502 of the Housing and Urban Development Act 
of 1970 that shall include research, studies, testing, and 
demonstration efforts, including education and outreach 
concerning lead-based paint poisoning and other housing-related 
diseases and hazards:  Provided further, That for purposes of 
environmental review, pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 
provisions of the law that further the purposes of such Act, a 
grant under the Healthy Homes Initiative, Operation Lead 
Elimination Action Plan (LEAP), or the Lead Technical Studies 
program under this heading or under prior appropriations Acts 
for such purposes under this heading, shall be considered to be 
funds for a special project for purposes of section 305(c) of 
the Multifamily Housing Property Disposition Reform Act of 
1994:  Provided further, That of the total amount made 
available under this heading, $45,000,000 shall be made 
available on a competitive basis for areas with the highest 
lead paint abatement needs:  Provided further, That each 
recipient of funds provided under the third proviso shall make 
a matching contribution in an amount not less than 25 percent:  
Provided further, That each applicant shall certify adequate 
capacity that is acceptable to the Secretary to carry out the 
proposed use of funds pursuant to a notice of funding 
availability:  Provided further, That amounts made available 
under this heading in this or prior appropriations Acts, and 
that still remain available, may be used for any purpose under 
this heading notwithstanding the purpose for which such amounts 
were appropriated if a program competition is undersubscribed 
and there are other program competitions under this heading 
that are oversubscribed.

                          Working Capital Fund

    For additional capital for the Working Capital Fund (42 
U.S.C. 3535) for the development of, modifications to, and 
infrastructure for Department-wide and program-specific 
information technology systems, for the continuing operation 
and maintenance of both Department-wide and program-specific 
information systems, and for program-related maintenance 
activities, $199,035,000, to remain available until September 
30, 2013:  Provided, That any amounts transferred to this Fund 
under this Act shall remain available until expended:  Provided 
further, That any amounts transferred to this Fund from amounts 
appropriated by previously enacted appropriations Acts may be 
used for the purposes specified under this Fund, in addition to 
any other information technology the purposes for which such 
amounts were appropriated:  Provided further, That not more 
than 25 percent of the funds made available under this heading 
for Development, Modernization and Enhancement, including 
development and deployment of a Next Generation of Voucher 
Management System and development and deployment of modernized 
Federal Housing Administration systems may be obligated until 
the Secretary submits to the Committees on Appropriations a 
plan for expenditure that--(A) identifies for each 
modernization project: (i) the functional and performance 
capabilities to be delivered and the mission benefits to be 
realized, (ii) the estimated life-cycle cost, and (iii) key 
milestones to be met; (B) demonstrates that each modernization 
project is: (i) compliant with the department's enterprise 
architecture, (ii) being managed in accordance with applicable 
life-cycle management policies and guidance, (iii) subject to 
the department's capital planning and investment control 
requirements, and (iv) supported by an adequately staffed 
project office; and (C) has been reviewed by the Government 
Accountability Office.

                      Office of Inspector General

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

                       transformation initiative

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

    General Provisions--Department of Housing and Urban Development

              (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

    Sec. 201.  Fifty percent of the amounts of budget 
authority, or in lieu thereof 50 percent of the cash amounts 
associated with such budget authority, that are recaptured from 
projects described in section 1012(a) of the Stewart B. 
McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 
1437 note) shall be rescinded or in the case of cash, shall be 
remitted to the Treasury, and such amounts of budget authority 
or cash recaptured and not rescinded or remitted to the 
Treasury shall be used by State housing finance agencies or 
local governments or local housing agencies with projects 
approved by the Secretary of Housing and Urban Development for 
which settlement occurred after January 1, 1992, in accordance 
with such section. Notwithstanding the previous sentence, the 
Secretary may award up to 15 percent of the budget authority or 
cash recaptured and not rescinded or remitted to the Treasury 
to provide project owners with incentives to refinance their 
project at a lower interest rate.
    Sec. 202. None of the amounts made available under this Act 
may be used during fiscal year 2012 to investigate or prosecute 
under the Fair Housing Act any otherwise lawful activity 
engaged in by one or more persons, including the filing or 
maintaining of a nonfrivolous legal action, that is engaged in 
solely for the purpose of achieving or preventing action by a 
Government official or entity, or a court of competent 
jurisdiction.
    Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the 
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from 
any amounts made available under this title for fiscal year 
2012 that are allocated under such section, the Secretary of 
Housing and Urban Development shall allocate and make a grant, 
in the amount determined under subsection (b), for any State 
that--
            (1) received an allocation in a prior fiscal year 
        under clause (ii) of such section; and
            (2) is not otherwise eligible for an allocation for 
        fiscal year 2012 under such clause (ii) because the 
        areas in the State outside of the metropolitan 
        statistical areas that qualify under clause (i) in 
        fiscal year 2011 do not have the number of cases of 
        acquired immunodeficiency syndrome (AIDS) required 
        under such clause.
    (b) The amount of the allocation and grant for any State 
described in subsection (a) shall be an amount based on the 
cumulative number of AIDS cases in the areas of that State that 
are outside of metropolitan statistical areas that qualify 
under clause (i) of such section 854(c)(1)(A) in fiscal year 
2012, in proportion to AIDS cases among cities and States that 
qualify under clauses (i) and (ii) of such section and States 
deemed eligible under subsection (a).
    (c) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2012 under section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)), to the city of 
New York, New York, on behalf of the New York-Wayne-White 
Plains, New York-New Jersey Metropolitan Division (hereafter 
``metropolitan division'') of the New York-Newark-Edison, NY-
NJ-PA Metropolitan Statistical Area, shall be adjusted by the 
Secretary of Housing and Urban Development by:
            (1) allocating to the city of Jersey City, New 
        Jersey, the proportion of the metropolitan area's or 
        division's amount that is based on the number of cases 
        of AIDS reported in the portion of the metropolitan 
        area or division that is located in Hudson County, New 
        Jersey, and adjusting for the proportion of the 
        metropolitan division's high-incidence bonus if this 
        area in New Jersey also has a higher than average per 
        capita incidence of AIDS; and
            (2) allocating to the city of Paterson, New Jersey, 
        the proportion of the metropolitan area's or division's 
        amount that is based on the number of cases of AIDS 
        reported in the portion of the metropolitan area or 
        division that is located in Bergen County and Passaic 
        County, New Jersey, and adjusting for the proportion of 
        the metropolitan division's high incidence bonus if 
        this area in New Jersey also has a higher than average 
        per capita incidence of AIDS. The recipient cities 
        shall use amounts allocated under this subsection to 
        carry out eligible activities under section 855 of the 
        AIDS Housing Opportunity Act (42 U.S.C. 12904) in their 
        respective portions of the metropolitan division that 
        is located in New Jersey.
    (d) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2012 under section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a 
higher than average per capita incidence of AIDS, shall be 
adjusted by the Secretary on the basis of area incidence 
reported over a 3-year period.
    Sec. 204.  Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to 
title II of this Act shall be made on a competitive basis and 
in accordance with section 102 of the Department of Housing and 
Urban Development Reform Act of 1989 (42 U.S.C. 3545).
    Sec. 205.  Funds of the Department of Housing and Urban 
Development subject to the Government Corporation Control Act 
or section 402 of the Housing Act of 1950 shall be available, 
without regard to the limitations on administrative expenses, 
for legal services on a contract or fee basis, and for 
utilizing and making payment for services and facilities of the 
Federal National Mortgage Association, Government National 
Mortgage Association, Federal Home Loan Mortgage Corporation, 
Federal Financing Bank, Federal Reserve banks or any member 
thereof, Federal Home Loan banks, and any insured bank within 
the meaning of the Federal Deposit Insurance Corporation Act, 
as amended (12 U.S.C. 1811-1).
    Sec. 206.  Unless otherwise provided for in this Act or 
through a reprogramming of funds, no part of any appropriation 
for the Department of Housing and Urban Development shall be 
available for any program, project or activity in excess of 
amounts set forth in the budget estimates submitted to 
Congress.
    Sec. 207.  Corporations and agencies of the Department of 
Housing and Urban Development which are subject to the 
Government Corporation Control Act are hereby authorized to 
make such expenditures, within the limits of funds and 
borrowing authority available to each such corporation or 
agency and in accordance with law, and to make such contracts 
and commitments without regard to fiscal year limitations as 
provided by section 104 of such Act as may be necessary in 
carrying out the programs set forth in the budget for 2012 for 
such corporation or agency except as hereinafter provided:  
Provided, That collections of these corporations and agencies 
may be used for new loan or mortgage purchase commitments only 
to the extent expressly provided for in this Act (unless such 
loans are in support of other forms of assistance provided for 
in this or prior appropriations Acts), except that this proviso 
shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mortgage 
purchases are necessary to protect the financial interest of 
the United States Government.
    Sec. 208.  The Secretary of Housing and Urban Development 
shall provide quarterly reports to the House and Senate 
Committees on Appropriations regarding all uncommitted, 
unobligated, recaptured and excess funds in each program and 
activity within the jurisdiction of the Department and shall 
submit additional, updated budget information to these 
Committees upon request.
    Sec. 209. (a) Notwithstanding any other provision of law, 
the amount allocated for fiscal year 2012 under section 854(c) 
of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to 
the city of Wilmington, Delaware, on behalf of the Wilmington, 
Delaware-Maryland-New Jersey Metropolitan Division (hereafter 
``metropolitan division''), shall be adjusted by the Secretary 
of Housing and Urban Development by allocating to the State of 
New Jersey the proportion of the metropolitan division's amount 
that is based on the number of cases of AIDS reported in the 
portion of the metropolitan division that is located in New 
Jersey, and adjusting for the proportion of the metropolitan 
division's high incidence bonus if this area in New Jersey also 
has a higher than average per capita incidence of AIDS. The 
State of New Jersey shall use amounts allocated to the State 
under this subsection to carry out eligible activities under 
section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 
12904) in the portion of the metropolitan division that is 
located in New Jersey.
    (b) Notwithstanding any other provision of law, the 
Secretary of Housing and Urban Development shall allocate to 
Wake County, North Carolina, the amounts that otherwise would 
be allocated for fiscal year 2012 under section 854(c) of the 
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the city 
of Raleigh, North Carolina, on behalf of the Raleigh-Cary North 
Carolina Metropolitan Statistical Area. Any amounts allocated 
to Wake County shall be used to carry out eligible activities 
under section 855 of such Act (42 U.S.C. 12904) within such 
metropolitan statistical area.
    (c) Notwithstanding section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of Housing 
and Urban Development may adjust the allocation of the amounts 
that otherwise would be allocated for fiscal year 2012 under 
section 854(c) of such Act, upon the written request of an 
applicant, in conjunction with the State(s), for a formula 
allocation on behalf of a metropolitan statistical area, to 
designate the State or States in which the metropolitan 
statistical area is located as the eligible grantee(s) of the 
allocation. In the case that a metropolitan statistical area 
involves more than one State, such amounts allocated to each 
State shall be in proportion to the number of cases of AIDS 
reported in the portion of the metropolitan statistical area 
located in that State. Any amounts allocated to a State under 
this section shall be used to carry out eligible activities 
within the portion of the metropolitan statistical area located 
in that State.
    Sec. 210.  The President's formal budget request for fiscal 
year 2013, as well as the Department of Housing and Urban 
Development's congressional budget justifications to be 
submitted to the Committees on Appropriations of the House of 
Representatives and the Senate, shall use the identical account 
and sub-account structure provided under this Act.
    Sec. 211.  A public housing agency or such other entity 
that administers Federal housing assistance for the Housing 
Authority of the county of Los Angeles, California, the States 
of Alaska, Iowa, and Mississippi shall not be required to 
include a resident of public housing or a recipient of 
assistance provided under section 8 of the United States 
Housing Act of 1937 on the board of directors or a similar 
governing board of such agency or entity as required under 
section (2)(b) of such Act. Each public housing agency or other 
entity that administers Federal housing assistance under 
section 8 for the Housing Authority of the county of Los 
Angeles, California and the States of Alaska, Iowa and 
Mississippi that chooses not to include a resident of public 
housing or a recipient of section 8 assistance on the board of 
directors or a similar governing board shall establish an 
advisory board of not less than six residents of public housing 
or recipients of section 8 assistance to provide advice and 
comment to the public housing agency or other administering 
entity on issues related to public housing and section 8. Such 
advisory board shall meet not less than quarterly.
    Sec. 212. (a) Notwithstanding any other provision of law, 
subject to the conditions listed in subsection (b), for fiscal 
years 2012 and 2013, the Secretary of Housing and Urban 
Development may authorize the transfer of some or all project-
based assistance, debt and statutorily required low-income and 
very low-income use restrictions, associated with one or more 
multifamily housing project to another multifamily housing 
project or projects.
    (b) Phased Transfers.--Transfers of project-based 
assistance under this section may be done in phases to 
accommodate the financing and other requirements related to 
rehabilitating or constructing the project or projects to which 
the assistance is transferred, to ensure that such project or 
projects meet the standards under section (c).
    (c) The transfer authorized in subsection (a) is subject to 
the following conditions:
            (1) Number and bedroom size of units.--
                    (A) For occupied units in the transferring 
                project: the number of low-income and very low-
                income units and the configuration (i.e. 
                bedroom size) provided by the transferring 
                project shall be no less than when transferred 
                to the receiving project or projects and the 
                net dollar amount of Federal assistance 
                provided by the transferring project shall 
                remain the same in the receiving project or 
                projects.
                    (B) For unoccupied units in the 
                transferring project: the Secretary may 
                authorize a reduction in the number of dwelling 
                units in the receiving project or projects to 
                allow for a reconfiguration of bedroom sizes to 
                meet current market demands, as determined by 
                the Secretary and provided there is no increase 
                in the project-based section 8 budget 
                authority.
            (2) The transferring project shall, as determined 
        by the Secretary, be either physically obsolete or 
        economically nonviable.
            (3) The receiving project or projects shall meet or 
        exceed applicable physical standards established by the 
        Secretary.
            (4) The owner or mortgagor of the transferring 
        project shall notify and consult with the tenants 
        residing in the transferring project and provide a 
        certification of approval by all appropriate local 
        governmental officials.
            (5) The tenants of the transferring project who 
        remain eligible for assistance to be provided by the 
        receiving project or projects shall not be required to 
        vacate their units in the transferring project or 
        projects until new units in the receiving project are 
        available for occupancy.
            (6) The Secretary determines that this transfer is 
        in the best interest of the tenants.
            (7) If either the transferring project or the 
        receiving project or projects meets the condition 
        specified in subsection (d)(2)(A), any lien on the 
        receiving project resulting from additional financing 
        obtained by the owner shall be subordinate to any FHA-
        insured mortgage lien transferred to, or placed on, 
        such project by the Secretary, except that the 
        Secretary may waive this requirement upon determination 
        that such a waiver is necessary to facilitate the 
        financing of acquisition, construction, and/or 
        rehabilitation of the receiving project or projects.
            (8) If the transferring project meets the 
        requirements of subsection (c)(2)(E), the owner or 
        mortgagor of the receiving project or projects shall 
        execute and record either a continuation of the 
        existing use agreement or a new use agreement for the 
        project where, in either case, any use restrictions in 
        such agreement are of no lesser duration than the 
        existing use restrictions.
    (d) For purposes of this section--
            (1) the terms ``low-income'' and ``very low-
        income'' shall have the meanings provided by the 
        statute and/or regulations governing the program under 
        which the project is insured or assisted;
            (2) the term ``multifamily housing project'' means 
        housing that meets one of the following conditions--
                    (A) housing that is subject to a mortgage 
                insured under the National Housing Act;
                    (B) housing that has project-based 
                assistance attached to the structure including 
                projects undergoing mark to market debt 
                restructuring under the Multifamily Assisted 
                Housing Reform and Affordability Housing Act;
                    (C) housing that is assisted under section 
                202 of the Housing Act of 1959 as amended by 
                section 801 of the Cranston-Gonzales National 
                Affordable Housing Act;
                    (D) housing that is assisted under section 
                202 of the Housing Act of 1959, as such section 
                existed before the enactment of the Cranston-
                Gonzales National Affordable Housing Act; or
                    (E) housing or vacant land that is subject 
                to a use agreement;
            (3) the term ``project-based assistance'' means--
                    (A) assistance provided under section 8(b) 
                of the United States Housing Act of 1937;
                    (B) assistance for housing constructed or 
                substantially rehabilitated pursuant to 
                assistance provided under section 8(b)(2) of 
                such Act (as such section existed immediately 
                before October 1, 1983);
                    (C) rent supplement payments under section 
                101 of the Housing and Urban Development Act of 
                1965;
                    (D) interest reduction payments under 
                section 236 and/or additional assistance 
                payments under section 236(f)(2) of the 
                National Housing Act;
                    (E) assistance payments made under section 
                202(c)(2) of the Housing Act of 1959; and
                    (F) assistance payments made under section 
                811(d)(2) of the Housing Act of 1959;
            (4) the term ``receiving project or projects'' 
        means the multifamily housing project or projects to 
        which some or all of the project-based assistance, 
        debt, and statutorily required use low-income and very 
        low-income restrictions are to be transferred;
            (5) the term ``transferring project'' means the 
        multifamily housing project which is transferring some 
        or all of the project-based assistance, debt and the 
        statutorily required low-income and very low-income use 
        restrictions to the receiving project or projects; and
            (6) the term ``Secretary'' means the Secretary of 
        Housing and Urban Development.
    Sec. 213.  The funds made available for Native Alaskans 
under the heading ``Native American Housing Block Grants'' in 
title III of this Act shall be allocated to the same Native 
Alaskan housing block grant recipients that received funds in 
fiscal year 2005.
    Sec. 214.  No funds provided under this title may be used 
for an audit of the Government National Mortgage Association 
that makes applicable requirements under the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661 et seq.).
    Sec. 215. (a) No assistance shall be provided under section 
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) to 
any individual who--
            (1) is enrolled as a student at an institution of 
        higher education (as defined under section 102 of the 
        Higher Education Act of 1965 (20 U.S.C. 1002));
            (2) is under 24 years of age;
            (3) is not a veteran;
            (4) is unmarried;
            (5) does not have a dependent child;
            (6) is not a person with disabilities, as such term 
        is defined in section 3(b)(3)(E) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was 
        not receiving assistance under such section 8 as of 
        November 30, 2005; and
            (7) is not otherwise individually eligible, or has 
        parents who, individually or jointly, are not eligible, 
        to receive assistance under section 8 of the United 
        States Housing Act of 1937 (42 U.S.C. 1437f).
    (b) For purposes of determining the eligibility of a person 
to receive assistance under section 8 of the United States 
Housing Act of 1937 (42 U.S.C. 1437f), any financial assistance 
(in excess of amounts received for tuition and any other 
required fees and charges) that an individual receives under 
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from 
private sources, or an institution of higher education (as 
defined under the Higher Education Act of 1965 (20 U.S.C. 
1002)), shall be considered income to that individual, except 
for a person over the age of 23 with dependent children.
    Sec. 216.  Notwithstanding the limitation in the first 
sentence of section 255(g) of the National Housing Act (12 
U.S.C. 1715z-g), the Secretary of Housing and Urban Development 
may, until September 30, 2012, insure and enter into 
commitments to insure mortgages under section 255(g) of the 
National Housing Act (12 U.S.C. 1715z-20).
    Sec. 217.  Notwithstanding any other provision of law, in 
fiscal year 2012, in managing and disposing of any multifamily 
property that is owned or has a mortgage held by the Secretary 
of Housing and Urban Development, and during the process of 
foreclosure on any property with a contract for rental 
assistance payments under section 8 of the United States 
Housing Act of 1937 or other Federal programs, the Secretary 
shall maintain any rental assistance payments under section 8 
of the United States Housing Act of 1937 and other programs 
that are attached to any dwelling units in the property. To the 
extent the Secretary determines, in consultation with the 
tenants and the local government, that such a multifamily 
property owned or held by the Secretary is not feasible for 
continued rental assistance payments under such section 8 or 
other programs, based on consideration of (1) the costs of 
rehabilitating and operating the property and all available 
Federal, State, and local resources, including rent adjustments 
under section 524 of the Multifamily Assisted Housing Reform 
and Affordability Act of 1997 (``MAHRAA'') and (2) 
environmental conditions that cannot be remedied in a cost-
effective fashion, the Secretary may, in consultation with the 
tenants of that property, contract for project-based rental 
assistance payments with an owner or owners of other existing 
housing properties, or provide other rental assistance. The 
Secretary shall also take appropriate steps to ensure that 
project-based contracts remain in effect prior to foreclosure, 
subject to the exercise of contractual abatement remedies to 
assist relocation of tenants for imminent major threats to 
health and safety after written notice to and informed consent 
of the affected tenants and use of other available remedies, 
such as partial abatements or receivership. After disposition 
of any multifamily property described under this section, the 
contract and allowable rent levels on such properties shall be 
subject to the requirements under section 524 of MAHRAA.
    Sec. 218.  The Secretary of Housing and Urban Development 
shall report quarterly to the House of Representatives and 
Senate Committees on Appropriations on HUD's use of all sole-
source contracts, including terms of the contracts, cost, and a 
substantive rationale for using a sole-source contract.
    Sec. 219.  During fiscal year 2012, in the provision of 
rental assistance under section 8(o) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a 
program to demonstrate the economy and effectiveness of 
providing such assistance for use in assisted living facilities 
that is carried out in the counties of the State of Michigan 
notwithstanding paragraphs (3) and (18)(B)(iii) of such section 
8(o), a family residing in an assisted living facility in any 
such county, on behalf of which a public housing agency 
provides assistance pursuant to section 8(o)(18) of such Act, 
may be required, at the time the family initially receives such 
assistance, to pay rent in an amount exceeding 40 percent of 
the monthly adjusted income of the family by such a percentage 
or amount as the Secretary of Housing and Urban Development 
determines to be appropriate.
    Sec. 220.  Notwithstanding any other provision of law, the 
recipient of a grant under section 202b of the Housing Act of 
1959 (12 U.S.C. 1701q) after December 26, 2000, in accordance 
with the unnumbered paragraph at the end of section 202(b) of 
such Act, may, at its option, establish a single-asset 
nonprofit entity to own the project and may lend the grant 
funds to such entity, which may be a private nonprofit 
organization described in section 831 of the American 
Homeownership and Economic Opportunity Act of 2000.
    Sec. 221.  The amounts provided under the subheading 
``Program Account'' under the heading ``Community Development 
Loan Guarantees'' may be used to guarantee, or make commitments 
to guarantee, notes, or other obligations issued by any State 
on behalf of non-entitlement communities in the State in 
accordance with the requirements of section 108 of the Housing 
and Community Development Act of 1974:  Provided, That any 
State receiving such a guarantee or commitment shall distribute 
all funds subject to such guarantee to the units of general 
local government in non-entitlement areas that received the 
commitment.
    Sec. 222.  Section 24 of the United States Housing Act of 
1937 (42 U.S.C. 1437v) is amended--
            (1) in subsection (m)(1), by striking ``fiscal 
        year'' and all that follows through the period at the 
        end and inserting ``fiscal year 2012.''; and
            (2) in subsection (o), by striking ``September'' 
        and all that follows through the period at the end and 
        inserting ``September 30, 2012.''.
    Sec. 223.  Public housing agencies that own and operate 400 
or fewer public housing units may elect to be exempt from any 
asset management requirement imposed by the Secretary of 
Housing and Urban Development in connection with the operating 
fund rule:  Provided, That an agency seeking a discontinuance 
of a reduction of subsidy under the operating fund formula 
shall not be exempt from asset management requirements.
    Sec. 224.  With respect to the use of amounts provided in 
this Act and in future Acts for the operation, capital 
improvement and management of public housing as authorized by 
sections 9(d) and 9(e) of the United States Housing Act of 1937 
(42 U.S.C. 1437g(d) and (e)), the Secretary shall not impose 
any requirement or guideline relating to asset management that 
restricts or limits in any way the use of capital funds for 
central office costs pursuant to section 9(g)(1) or 9(g)(2) of 
the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), 
(2)):  Provided, That a public housing agency may not use 
capital funds authorized under section 9(d) for activities that 
are eligible under section 9(e) for assistance with amounts 
from the operating fund in excess of the amounts permitted 
under section 9(g)(1) or 9(g)(2).
    Sec. 225.  No official or employee of the Department of 
Housing and Urban Development shall be designated as an 
allotment holder unless the Office of the Chief Financial 
Officer has determined that such allotment holder has 
implemented an adequate system of funds control and has 
received training in funds control procedures and directives. 
The Chief Financial Officer shall ensure that, not later than 
90 days after the date of enactment of this Act, a trained 
allotment holder shall be designated for each HUD subaccount 
under the heading ``Administration, Operations, and 
Management'' as well as each account receiving appropriations 
for ``Program Office Salaries and Expenses'' within the 
Department of Housing and Urban Development.
    Sec. 226.  The Secretary of Housing and Urban Development 
shall report quarterly to the House and Senate Committees on 
Appropriations on the status of all section 8 project-based 
housing, including the number of all project-based units by 
region as well as an analysis of all federally subsidized 
housing being refinanced under the Mark-to-Market program. The 
Secretary shall in the report identify all existing units 
maintained by region as section 8 project-based units and all 
project-based units that have opted out of section 8 or have 
otherwise been eliminated as section 8 project-based units. The 
Secretary shall identify in detail and by project all the 
efforts made by the Department to preserve all section 8 
project-based housing units and all the reasons for any units 
which opted out or otherwise were lost as section 8 project-
based units. Such analysis shall include a review of the impact 
of the loss of any subsidized units in that housing 
marketplace, such as the impact of cost and the loss of 
available subsidized, low-income housing in areas with scarce 
housing resources for low-income families.
    Sec. 227.  Payment of attorney fees in program-related 
litigation must be paid from individual program office 
personnel benefits and compensation funding. The annual budget 
submission for program office personnel benefit and 
compensation funding must include program-related litigation 
costs for attorney fees as a separate line item request.
    Sec. 228.  The Secretary of the Department of Housing and 
Urban Development shall for fiscal year 2012 and subsequent 
fiscal years, notify the public through the Federal Register 
and other means, as determined appropriate, of the issuance of 
a notice of the availability of assistance or notice of funding 
availability (NOFA) for any program or discretionary fund 
administered by the Secretary that is to be competitively 
awarded. Notwithstanding any other provision of law, for fiscal 
year 2012 and subsequent fiscal years, the Secretary may make 
the NOFA available only on the Internet at the appropriate 
Government Web site or through other electronic media, as 
determined by the Secretary.
    Sec. 229.  The Secretary of the Department of Housing and 
Urban Development is authorized to transfer up to 5 percent or 
$5,000,000, whichever is less, of the funds appropriated for 
any office funded under the heading ``Administration, 
Operations, and Management'' to any other office funded under 
such heading:  Provided, That no appropriation for any office 
funded under the heading ``Administration, Operations, and 
Management'' shall be increased or decreased by more than 5 
percent or $5,000,000, whichever is less, without prior written 
approval of the House and Senate Committees on Appropriations:  
Provided further, That the Secretary is authorized to transfer 
up to 5 percent or $5,000,000, whichever is less, of the funds 
appropriated for any account funded under the general heading 
``Program Office Salaries and Expenses'' to any other account 
funded under such heading:  Provided further, That no 
appropriation for any account funded under the general heading 
``Program Office Salaries and Expenses'' shall be increased or 
decreased by more than 5 percent or $5,000,000, whichever is 
less, without prior written approval of the House and Senate 
Committees on Appropriations:  Provided further, That the 
Secretary may transfer funds made available for salaries and 
expenses between any office funded under the heading 
``Administration, Operations and Management'' and any account 
funded under the general heading ``Program Office Salaries and 
Expenses'', but only with the prior written approval of the 
House and Senate Committees on Appropriations.
    Sec. 230.  The Disaster Housing Assistance Programs, 
administered by the Department of Housing and Urban 
Development, shall be considered a ``program of the Department 
of Housing and Urban Development'' under section 904 of the 
McKinney Act for the purpose of income verifications and 
matching.
    Sec. 231.  The Comptroller General of the United States 
shall carry out a study of the effectiveness of the block grant 
programs administered by the Office of Community Planning and 
Development of the Department of Housing and Urban Development, 
including an examination of best practices utilized by program 
grantees and performance metrics utilized by the Department. 
Not later than 180 days of enactment of this Act, the 
Comptroller General shall submit a report to the Congress 
describing its findings, including such best practices and 
performance metrics.
    Sec. 232.  The Secretary shall take actions necessary to 
improve data quality, data management, and grantee oversight 
and accountability with respect to programs and activities 
administered by the Office of Community Planning and 
Development. The Secretary shall address the problems 
identified by the Inspector General of the Department in audits 
and audit reports since 2006, including ongoing audits, with 
respect to such programs and activities. Not later than 120 
days after enactment of this Act, the Secretary shall submit a 
report to the Congress on progress achieved by the Department 
with respect to addressing such problems and identifying 
further improvements that can be made (including improvements 
relating to information technology) and proposed actions and 
timelines to carry out such improvements.
    Sec. 233.  Of the amounts made available for salaries and 
expenses under all accounts under this title (except for the 
Office of Inspector General account), a total of up to 
$10,000,000 may be transferred to and merged with amounts made 
available in the ``Working Capital Fund'' account under this 
title.
    Sec. 234. (a) None of the funds made available by this Act 
for purposes authorized under section 8 (only with respect to 
the tenant-based rental assistance program) and section 9 of 
the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 
may be used by any public housing agency for any amount of 
salary, for the chief executive officer of which, or any other 
official or employee of which, that exceeds the annual rate of 
basic pay payable for a position at level IV of the Executive 
Schedule at any time during any public housing agency fiscal 
year 2012.
    (b) Subsection (a) shall take effect 120 days after the 
date of enactment of this Act.
    Sec. 235.  Title II of division I of Public Law 108-447 and 
title III of Public Law 109-115 are each amended by striking 
the item related to ``Flexible Subsidy Fund''.
    Sec. 236.  Of the unobligated balances remaining from funds 
appropriated under the heading ``Tenant-Based Rental 
Assistance'' under the ``Full-Year Continuing Appropriations 
Act, 2011'', $650,000,000 are rescinded from the $4,000,000,000 
which are available on October 1, 2011:  Provided, That such 
amounts may be derived from reductions to public housing 
agencies' calendar year 2012 allocations based on the excess 
amounts of public housing agencies' net restricted assets 
accounts, including the net restricted assets of MTW agencies 
(in accordance with VMS data in calendar year 2011 that is 
verifiable and complete), as determined by the Secretary.
    Sec. 237.  Section 579 of the Multifamily Assisted Housing 
Reform and Affordability Act of 1997 (42 U.S.C. 1437f) is 
amended by striking ``October 1, 2011'' each place it appears 
and inserting in lieu thereof ``October 1, 2015''.
    Sec. 238.  Notwithstanding any other provision of law, for 
mortgages for which a Federal Housing Administration case 
number has been assigned during the period beginning on the 
date of enactment of this Act and ending on December 31, 2013, 
the dollar amount limitation on the principal obligation for 
purposes of section 203 of the National Housing Act (12 U.S.C. 
1709) shall be considered to be, except for purposes of section 
255(g) of such Act (12 U.S.C. 1715z-20(g)), the greater of--
            (1) the dollar amount limitation on the principal 
        obligation of a mortgage determined under section 
        203(b)(2) of the National Housing Act (12 U.S.C. 
        1709(b)(2)); or
            (2) the dollar amount limitation that was 
        prescribed for such size residence for such area for 
        2008 pursuant to section 202 of the Economic Stimulus 
        Act of 2008 (Public Law 110-185; 122 Stat. 620).
    Sec. 239.  Of the funds made available for the `Department 
of Housing and Urban Development, Community Planning and 
Development, Community Development Fund', up to $300,000,000, 
to remain available until expended, shall be for necessary 
expenses for activities authorized under title I of the Housing 
and Community Development Act of 1974 (Public Law 93-383) 
related to disaster relief, long-term recovery, restoration of 
infrastructure and housing, and economic revitalization in the 
most impacted and distressed areas resulting from a major 
disaster declared pursuant to the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in 
2011:  Provided, That funds shall be awarded directly to the 
State or unit of general local government at the discretion of 
the Secretary:  Provided further, That prior to the obligation 
of funds a grantee shall submit a plan to the Secretary 
detailing the proposed use of all funds, including criteria for 
eligibility and how the use of these funds will address long-
term recovery and restoration of infrastructure:  Provided 
further, That such funds may not be used for activities 
reimbursable by, or for which funds are made available by, the 
Federal Emergency Management Agency or the Army Corps of 
Engineers:  Provided further, That funds allocated under this 
heading shall not be considered relevant to the non-disaster 
formula allocations under the Community Development Fund:  
Provided further, That a State or subdivision thereof may use 
up to 5 percent of its allocation for administrative costs:  
Provided further, That in administering the funds under this 
heading, the Secretary of Housing and Urban Development may 
waive, or specify alternative requirements for, any provision 
of any statute or regulation that the Secretary administers in 
connection with the obligation by the Secretary or the use by 
the recipient of these funds or guarantees (except for 
requirements related to fair housing, nondiscrimination, labor 
standards, and the environment), upon a request by a State or 
subdivision thereof explaining why such waiver is required to 
facilitate the use of such funds or guarantees, if the 
Secretary finds that such waiver would not be inconsistent with 
the overall purpose of title I of the Housing and Community 
Development Act of 1974:  Provided further, That the Secretary 
shall publish in the Federal Register any waiver of any statute 
or regulation that the Secretary administers pursuant to title 
I of the Housing and Community Development Act of 1974 no later 
than 5 days before the effective date of such waiver: Provided 
further, That an additional $100,000,000 shall be available for 
the same purposes and terms described in this section and shall 
be designated by Congress as being for disaster relief pursuant 
to section 251(b)(2)(D) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.
    This title may be cited as the ``Department of Housing and 
Urban Development Appropriations Act, 2012''.

                               TITLE III

                            RELATED AGENCIES

                              Access Board

                         salaries and expenses

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

                      Federal Maritime Commission

                         salaries and expenses

    For necessary expenses of the Federal Maritime Commission 
as authorized by section 201(d) of the Merchant Marine Act, 
1936, as amended (46 U.S.C. 307), including services as 
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles 
as authorized by 31 U.S.C. 1343(b); and uniforms or allowances 
therefore, as authorized by 5 U.S.C. 5901-5902, $24,100,000:  
Provided, That not to exceed $2,000 shall be available for 
official reception and representation expenses.

  National Railroad Passenger Corporation Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General 
for the National Railroad Passenger Corporation to carry out 
the provisions of the Inspector General Act of 1978, as 
amended, $20,500,000:  Provided, That the Inspector General 
shall have all necessary authority, in carrying out the duties 
specified in the Inspector General Act, as amended (5 U.S.C. 
App. 3), to investigate allegations of fraud, including false 
statements to the government (18 U.S.C. 1001), by any person or 
entity that is subject to regulation by the National Railroad 
Passenger Corporation:  Provided further, That the Inspector 
General may enter into contracts and other arrangements for 
audits, studies, analyses, and other services with public 
agencies and with private persons, subject to the applicable 
laws and regulations that govern the obtaining of such services 
within the National Railroad Passenger Corporation:  Provided 
further, That the Inspector General may select, appoint, and 
employ such officers and employees as may be necessary for 
carrying out the functions, powers, and duties of the Office of 
Inspector General, subject to the applicable laws and 
regulations that govern such selections, appointments, and 
employment within Amtrak:  Provided further, That concurrent 
with the President's budget request for fiscal year 2013, the 
Inspector General shall submit to the House and Senate 
Committees on Appropriations a budget request for fiscal year 
2013 in similar format and substance to those submitted by 
executive agencies of the Federal Government.

                  National Transportation Safety Board

                         salaries and expenses

    For necessary expenses of the National Transportation 
Safety Board, including hire of passenger motor vehicles and 
aircraft; services as authorized by 5 U.S.C. 3109, but at rates 
for individuals not to exceed the per diem rate equivalent to 
the rate for a GS-15; uniforms, or allowances therefor, as 
authorized by law (5 U.S.C. 5901-5902), $102,400,000, of which 
not to exceed $2,000 may be used for official reception and 
representation expenses. The amounts made available to the 
National Transportation Safety Board in this Act include 
amounts necessary to make lease payments on an obligation 
incurred in fiscal year 2001 for a capital lease.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation 
for use in neighborhood reinvestment activities, as authorized 
by the Neighborhood Reinvestment Corporation Act (42 U.S.C. 
8101-8107), $135,300,000, of which $5,000,000 shall be for a 
multi-family rental housing program:  Provided, That in 
addition, $80,000,000 shall be made available until expended to 
the Neighborhood Reinvestment Corporation for mortgage 
foreclosure mitigation activities, under the following terms 
and conditions:
            (1) The Neighborhood Reinvestment Corporation 
        (``NRC'') shall make grants to counseling 
        intermediaries approved by the Department of Housing 
        and Urban Development (HUD) (with match to be 
        determined by the NRC based on affordability and the 
        economic conditions of an area; a match also may be 
        waived by the NRC based on the aforementioned 
        conditions) to provide mortgage foreclosure mitigation 
        assistance primarily to States and areas with high 
        rates of defaults and foreclosures to help eliminate 
        the default and foreclosure of mortgages of owner-
        occupied single-family homes that are at risk of such 
        foreclosure. Other than areas with high rates of 
        defaults and foreclosures, grants may also be provided 
        to approved counseling intermediaries based on a 
        geographic analysis of the Nation by the NRC which 
        determines where there is a prevalence of mortgages 
        that are risky and likely to fail, including any trends 
        for mortgages that are likely to default and face 
        foreclosure. A State Housing Finance Agency may also be 
        eligible where the State Housing Finance Agency meets 
        all the requirements under this paragraph. A HUD-
        approved counseling intermediary shall meet certain 
        mortgage foreclosure mitigation assistance counseling 
        requirements, as determined by the NRC, and shall be 
        approved by HUD or the NRC as meeting these 
        requirements.
            (2) Mortgage foreclosure mitigation assistance 
        shall only be made available to homeowners of owner-
        occupied homes with mortgages in default or in danger 
        of default. These mortgages shall likely be subject to 
        a foreclosure action and homeowners will be provided 
        such assistance that shall consist of activities that 
        are likely to prevent foreclosures and result in the 
        long-term affordability of the mortgage retained 
        pursuant to such activity or another positive outcome 
        for the homeowner. No funds made available under this 
        paragraph may be provided directly to lenders or 
        homeowners to discharge outstanding mortgage balances 
        or for any other direct debt reduction payments.
            (3) The use of Mortgage Foreclosure Mitigation 
        Assistance by approved counseling intermediaries and 
        State Housing Finance Agencies shall involve a 
        reasonable analysis of the borrower's financial 
        situation, an evaluation of the current value of the 
        property that is subject to the mortgage, counseling 
        regarding the assumption of the mortgage by another 
        non-Federal party, counseling regarding the possible 
        purchase of the mortgage by a non-Federal third party, 
        counseling and advice of all likely restructuring and 
        refinancing strategies or the approval of a work-out 
        strategy by all interested parties.
            (4) NRC may provide up to 15 percent of the total 
        funds under this paragraph to its own charter members 
        with expertise in foreclosure prevention counseling, 
        subject to a certification by the NRC that the 
        procedures for selection do not consist of any 
        procedures or activities that could be construed as an 
        unacceptable conflict of interest or have the 
        appearance of impropriety.
            (5) HUD-approved counseling entities and State 
        Housing Finance Agencies receiving funds under this 
        paragraph shall have demonstrated experience in 
        successfully working with financial institutions as 
        well as borrowers facing default, delinquency and 
        foreclosure as well as documented counseling capacity, 
        outreach capacity, past successful performance and 
        positive outcomes with documented counseling plans 
        (including post mortgage foreclosure mitigation 
        counseling), loan workout agreements and loan 
        modification agreements. NRC may use other criteria to 
        demonstrate capacity in underserved areas.
            (6) Of the total amount made available under this 
        paragraph, up to $3,000,000 may be made available to 
        build the mortgage foreclosure and default mitigation 
        counseling capacity of counseling intermediaries 
        through NRC training courses with HUD-approved 
        counseling intermediaries and their partners, except 
        that private financial institutions that participate in 
        NRC training shall pay market rates for such training.
            (7) Of the total amount made available under this 
        paragraph, up to 5 percent may be used for associated 
        administrative expenses for the NRC to carry out 
        activities provided under this section.
            (8) Mortgage foreclosure mitigation assistance 
        grants may include a budget for outreach and 
        advertising, and training, as determined by the NRC.
            (9) The NRC shall continue to report bi-annually to 
        the House and Senate Committees on Appropriations as 
        well as the Senate Banking Committee and House 
        Financial Services Committee on its efforts to mitigate 
        mortgage default.

           United States Interagency Council on Homelessness

                           operating expenses

    For necessary expenses (including payment of salaries, 
authorized travel, hire of passenger motor vehicles, the rental 
of conference rooms, and the employment of experts and 
consultants under section 3109 of title 5, United States Code) 
of the United States Interagency Council on Homelessness in 
carrying out the functions pursuant to title II of the 
McKinney-Vento Homeless Assistance Act, as amended, $3,300,000. 
Section 209 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11319) is amended by striking all that follows ``on'' 
and inserting ``October 1, 2015''.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401.  Such sums as may be necessary for fiscal year 
2012 pay raises for programs funded in this Act shall be 
absorbed within the levels appropriated in this Act or previous 
appropriations Acts.
    Sec. 402.  None of the funds in this Act shall be used for 
the planning or execution of any program to pay the expenses 
of, or otherwise compensate, non-Federal parties intervening in 
regulatory or adjudicatory proceedings funded in this Act.
    Sec. 403.  None of the funds appropriated in this Act shall 
remain available for obligation beyond the current fiscal year, 
nor may any be transferred to other appropriations, unless 
expressly so provided herein.
    Sec. 404.  The expenditure of any appropriation under this 
Act for any consulting service through procurement contract 
pursuant to section 3109 of title 5, United States Code, shall 
be limited to those contracts where such expenditures are a 
matter of public record and available for public inspection, 
except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law.
    Sec. 405.  Except as otherwise provided in this Act, none 
of the funds provided in this Act, provided by previous 
appropriations Acts to the agencies or entities funded in this 
Act that remain available for obligation or expenditure in 
fiscal year 2012, or provided from any accounts in the Treasury 
derived by the collection of fees and available to the agencies 
funded by this Act, shall be available for obligation or 
expenditure through a reprogramming of funds that:
            (1) creates a new program;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, 
        project, or activity for which funds have been denied 
        or restricted by the Congress;
            (4) proposes to use funds directed for a specific 
        activity by either the House or Senate Committees on 
        Appropriations for a different purpose;
            (5) augments existing programs, projects, or 
        activities in excess of $5,000,000 or 10 percent, 
        whichever is less;
            (6) reduces existing programs, projects, or 
        activities by $5,000,000 or 10 percent, whichever is 
        less; or
            (7) creates, reorganizes, or restructures a branch, 
        division, office, bureau, board, commission, agency, 
        administration, or department different from the budget 
        justifications submitted to the Committees on 
        Appropriations or the table accompanying the 
        explanatory statement accompanying this Act, whichever 
        is more detailed, unless prior approval is received 
        from the House and Senate Committees on Appropriations: 
         Provided, That not later than 60 days after the date 
        of enactment of this Act, each agency funded by this 
        Act shall submit a report to the Committees on 
        Appropriations of the Senate and of the House of 
        Representatives to establish the baseline for 
        application of reprogramming and transfer authorities 
        for the current fiscal year:  Provided further, That 
        the report shall include:
                    (A) a table for each appropriation with a 
                separate column to display the President's 
                budget request, adjustments made by Congress, 
                adjustments due to enacted rescissions, if 
                appropriate, and the fiscal year enacted level;
                    (B) a delineation in the table for each 
                appropriation both by object class and program, 
                project, and activity as detailed in the budget 
                appendix for the respective appropriation; and
                    (C) an identification of items of special 
                congressional interest:  Provided further, That 
                the amount appropriated or limited for salaries 
                and expenses for an agency shall be reduced by 
                $100,000 per day for each day after the 
                required date that the report has not been 
                submitted to the Congress.
    Sec. 406.  Except as otherwise specifically provided by 
law, not to exceed 50 percent of unobligated balances remaining 
available at the end of fiscal year 2012 from appropriations 
made available for salaries and expenses for fiscal year 2012 
in this Act, shall remain available through September 30, 2013, 
for each such account for the purposes authorized:  Provided, 
That a request shall be submitted to the House and Senate 
Committees on Appropriations for approval prior to the 
expenditure of such funds:  Provided further, That these 
requests shall be made in compliance with reprogramming 
guidelines under section 405 of this Act.
    Sec. 407.  All Federal agencies and departments that are 
funded under this Act shall issue a report to the House and 
Senate Committees on Appropriations on all sole-source 
contracts by no later than July 30, 2012. Such report shall 
include the contractor, the amount of the contract and the 
rationale for using a sole-source contract.
    Sec. 408. (a) None of the funds made available in this Act 
may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, 
        skills, and abilities bearing directly upon the 
        performance of official duties;
            (2) contains elements likely to induce high levels 
        of emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of 
        the content and methods to be used in the training and 
        written end of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new 
        age'' belief systems as defined in Equal Employment 
        Opportunity Commission Notice N-915.022, dated 
        September 2, 1988; or
            (5) is offensive to, or designed to change, 
        participants' personal values or lifestyle outside the 
        workplace.
    (b) Nothing in this section shall prohibit, restrict, or 
otherwise preclude an agency from conducting training bearing 
directly upon the performance of official duties.
    Sec. 409.  No funds in this Act may be used to support any 
Federal, State, or local projects that seek to use the power of 
eminent domain, unless eminent domain is employed only for a 
public use:  Provided, That for purposes of this section, 
public use shall not be construed to include economic 
development that primarily benefits private entities:  Provided 
further, That any use of funds for mass transit, railroad, 
airport, seaport or highway projects as well as utility 
projects which benefit or serve the general public (including 
energy-related, communication-related, water-related and 
wastewater-related infrastructure), other structures designated 
for use by the general public or which have other common-
carrier or public-utility functions that serve the general 
public and are subject to regulation and oversight by the 
government, and projects for the removal of an immediate threat 
to public health and safety or brownsfield as defined in the 
Small Business Liability Relief and Brownsfield Revitalization 
Act (Public Law 107-118) shall be considered a public use for 
purposes of eminent domain.
    Sec. 410.  None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in, this Act or any 
other appropriations Act.
    Sec. 411.  No part of any appropriation contained in this 
Act shall be available to pay the salary for any person filling 
a position, other than a temporary position, formerly held by 
an employee who has left to enter the Armed Forces of the 
United States and has satisfactorily completed his period of 
active military or naval service, and has within 90 days after 
his release from such service or from hospitalization 
continuing after discharge for a period of not more than 1 
year, made application for restoration to his former position 
and has been certified by the Office of Personnel Management as 
still qualified to perform the duties of his former position 
and has not been restored thereto.
    Sec. 412.  No funds appropriated pursuant to this Act may 
be expended by an entity unless the entity agrees that in 
expending the assistance the entity will comply with sections 2 
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
popularly known as the ``Buy American Act'').
    Sec. 413.  No funds appropriated or otherwise made 
available under this Act shall be made available to any person 
or entity that has been convicted of violating the Buy American 
Act (41 U.S.C. 10a-10c).
    Sec. 414.  None of the funds made available in this Act may 
be used for first-class airline accommodations in contravention 
of sections 301-10.122 and 301-10.123 of title 41, Code of 
Federal Regulations.
    Sec. 415.  None of the funds made available under this Act 
or any prior Act may be provided to the Association of 
Community Organizations for Reform Now (ACORN), or any of its 
affiliates, subsidiaries, or allied organizations.
    Sec. 416.  All agencies and departments funded by this Act 
shall send to Congress at the end of the fiscal year a report 
containing a complete inventory of the total number of vehicles 
owned, permanently retired, and purchased during fiscal year 
2012 as well as the total cost of the vehicle fleet, including 
maintenance, fuel, storage, purchasing, and leasing.
    This division may be cited as the ``Transportation, Housing 
and Urban Development, and Related Agencies Appropriations Act, 
2012''.

          DIVISION D--FURTHER CONTINUING APPROPRIATIONS, 2012

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

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

      The managers on the part of the House and Senate at the 
conference on the disagreeing votes of the two Houses on the 
amendments of the Senate to the bill (H.R. 2112) making 
appropriations for Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies programs for the 
fiscal year ending September 30, 2012, and for other purposes, 
submit the following joint statement to the House and Senate in 
explanation of the effect of the action agreed upon by the 
managers and recommended in the accompanying conference report.
      This conference agreement includes the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2012; the Commerce, Justice, Science, and 
Related Agencies Appropriations Act, 2012; and the 
Transportation, Housing and Urban Development, and Related 
Agencies Appropriations Act, 2012. The agreement also includes 
further continuing appropriations for fiscal year 2012.
      The conference agreement does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined by clause 9 of rule XXI of the Rules of the 
House of Representatives.
      The conferees concur with the Senate amendment to the 
title of the bill.

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

                        CONGRESSIONAL DIRECTIVES

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

                     TITLE I--AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary

      The conference agreement provides $4,550,000 for the 
Office of the Secretary instead of $4,293,000 as proposed by 
the House and $4,798,000 as proposed by the Senate.
      The conferees appreciate the detailed information 
provided in the Explanatory Notes and rely on this information 
when considering budget proposals. As budgetary constraints 
continue to apply downward pressure on agency resources, it 
will become increasingly necessary to have budgetary 
information of the Department in a manner that provides a more 
complete understanding of all activities occurring within the 
account totals. For that reason, the conferees direct the 
Secretary, beginning with presentation of the fiscal year 2013 
budget, to provide additional information of Departmental 
activities measured against a baseline of actual spending for 
the previous three fiscal years rather than a description only 
of specific changes from the previous fiscal year with the 
ultimate goal, over time, of providing to the Committees on 
Appropriations budgetary estimates as measured against a zero 
base. The conferees further direct the Department to include an 
errata sheet in the Explanatory Notes of any proposed budget 
authority levels that do not conform to the budget appendix. 
The Explanatory Notes should be assembled with the accounts in 
the same order as the accounts in the bill unless otherwise 
approved in advance by the Committees on Appropriations of both 
Houses of Congress.
      The Secretary is directed to provide to the Committees on 
Appropriations of the House and Senate a report describing 
plans to implement reductions to salaries and expenses accounts 
included in this Act.
      The conferees direct the Secretary to submit the 
conference transparency report required by section 14208 of 
Public Law 110-246 to the Committees on Appropriations of the 
House and Senate and the Office of Inspector General. In 
addition, the conferees direct the Secretary to begin 
submitting this report, and making it publicly available, on a 
quarterly basis instead of annually. The report shall include 
the cost of any food or beverages, the cost of any audio-visual 
services, and a description of the contracting procedures on 
whether the contracts were awarded on a competitive basis for 
that conference.

                       Office of Tribal Relations

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

                   Healthy Food Financing Initiative

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

                          Executive Operations

                     OFFICE OF THE CHIEF ECONOMIST

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

                       NATIONAL APPEALS DIVISION

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

                 OFFICE OF BUDGET AND PROGRAM ANALYSIS

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

         OFFICE OF HOMELAND SECURITY AND EMERGENCY COORDINATION

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

                    OFFICE OF ADVOCACY AND OUTREACH

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

                OFFICE OF THE CHIEF INFORMATION OFFICER

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

                 OFFICE OF THE CHIEF FINANCIAL OFFICER

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

           Office of the Assistant Secretary for Civil Rights

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

                         Office of Civil Rights

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

          Office of the Assistant Secretary for Administration

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

        Agriculture Buildings and Facilities and Rental Payments

                     (INCLUDING TRANSFERS OF FUNDS)

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

                     Hazardous Materials Management

                     (INCLUDING TRANSFERS OF FUNDS)

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

                      Departmental Administration

                     (INCLUDING TRANSFERS OF FUNDS)

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

     Office of the Assistant Secretary for Congressional Relations

                     (INCLUDING TRANSFERS OF FUNDS)

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

                        Office of Communications

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

                      Office of Inspector General

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

                     Office of the General Counsel

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

  Office of the Under Secretary for Research, Education and Economics

      The conference agreement provides $848,000 for the Office 
of the Under Secretary for Research, Education and Economics as 
proposed by the Senate instead of $760,000 as proposed by the 
House.
      The conferees recognize the broad responsibilities in 
agricultural research, education, extension and economics that 
Congress has given to the Department. Given the current budget 
constraints and the need for continued investment in 
agricultural research to ensure productivity growth, the 
conferees expect USDA to fund only the highest priority 
agricultural research, as authorized by Congress.

                       Economic Research Service

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

                National Agricultural Statistics Service

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

                     Agricultural Research Service

                         SALARIES AND EXPENSES

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

               National Institute of Food and Agriculture

                   RESEARCH AND EDUCATION ACTIVITIES

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

National Institute of Food and Agriculture Research and Education 
Activities

                         [Dollars in Thousands]

Hatch Act.....................................................  $236,334
McIntire-Stennis Cooperative Forestry.........................    32,934
Evans-Allen Program...........................................    50,898
Animal Health and Disease Research............................     4,000
  Special Research Grants:
    Global Change/UV Monitoring...............................     1,300
    Potato Research...........................................     1,350
    Forest Products Research..................................     1,350
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, Special Research Grants........................     4,000
  Improved Pest Control:
    Expert IPM Decision Support System........................       153
    Integrated Pest Management................................     2,362
    Minor Crop Pest Management (IR-4).........................    11,913
    Pest Management Alternatives..............................     1,402
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, Improved Pest Control..........................    15,830
Agriculture and Food Research Initiative......................   264,470
Critical Agricultural Materials Act...........................     1,081
Aquaculture Centers...........................................     3,920
Sustainable Agriculture Research and Education................    14,471
Payments to the 1994 Institutions.............................     3,335
Supplemental and Alternative Crops............................       825
Joe Skeen Institute for Rangeland Research....................       961
Competitive Grants for Policy Research........................     4,000
Capacity Building for Non Land-Grant Colleges.................     4,500
Farm Business Management and Benchmarking Program.............     1,450
Sun Grant Program.............................................     2,200
Capacity Building for 1890 Institutions.......................    19,336
Multicultural Scholars, Graduate Fellowship and Institution 
    Challenge Grants..........................................     9,000
Hispanic-Serving Institutions Education Grants................     9,219
1994 Institutions Research Program............................     1,801
Secondary and 2-year Post-Secondary Program...................       900
Veterinary Medicine Loan Repayment Program....................     4,790
Alaska Native and Native Hawaiian-Serving Institutions........     3,194
Resident Instruction Grants for Insular Areas.................       900
Distance Education Grants for Insular Areas...................       750
  Federal Administration:
    Data Information System (REEIS)...........................     2,600
    Electronic Grants Administration System...................     2,000
    Other, Federal Administration.............................     5,900
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, Federal Administration.........................    10,500
            Total, Research and Education Activities..........  $705,599
                    ==============================================================
                    ____________________________________________________

              NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

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

                          EXTENSION ACTIVITIES

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

National Institute of Food and Agriculture Extension Activities

                         [Dollars in Thousands]

Smith-Lever, Section 3(b) and (c) Programs....................  $294,000
  Smith-Lever, Section 3(d) Programs:
    Food and Nutrition Education..............................    67,934
    Farm Safety and Youth Farm Safety Education Program.......     4,610
    New Technologies for Agricultural Extension...............     1,550
    Pest Management...........................................     9,918
    Children, Youth and Families at Risk......................     7,600
    Federally Recognized Tribal Extension Program.............     3,039
    Sustainable Agriculture Programs..........................     4,696
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, Section 3(d)...................................    99,347
Cooperative Extension at 1890 Institutions....................    42,592
Rural Health and Safety Education.............................     1,500
Facility Improvements at 1890 Institutions....................    19,730
Renewable Resources Extension Act.............................     3,700
Extension Services at 1994 Institutions.......................     4,312
Food Animal Residue Avoidance Database........................     1,000
Women and Minorities in STEM Fields...........................       400
Grants to Youth Organizations.................................       750
  Federal Administration:
    Ag in the Classroom.......................................       552
    General Administration....................................     7,300
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, Federal Administration.........................     7,852
            Total, Extension Activities.......................  $475,183
                    ==============================================================
                    ____________________________________________________

                         INTEGRATED ACTIVITIES

      The conference agreement provides $21,482,000 for 
integrated activities instead of $12,400,000 as proposed by the 
House and $25,948,000 as proposed by the Senate.
      The following table reflects the amounts provided by the 
conference agreement:

National Institute of Food and Agriculture Integrated Activities

                         [Dollars in Thousands]

Organic Transition Program....................................    $4,000
Regional Pest Management Centers..............................     4,000
Water Quality Program.........................................     4,500
Methyl Bromide Transition Program.............................     1,996
Regional Rural Development Centers............................       998
Food and Agriculture Defense Initiative.......................     5,988
                    --------------------------------------------------------------
                    ____________________________________________________

            Total, Integrated Activities......................   $21,482

 HISPANIC-SERVING AGRICULTURAL COLLEGES AND UNIVERSITIES ENDOWMENT FUND

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

  OFFICE OF THE UNDER SECRETARY FOR MARKETING AND REGULATORY PROGRAMS

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

               Animal and Plant Health Inspection Service

                         SALARIES AND EXPENSES

                      INCLUDING TRANSFERS OF FUNDS

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

               ANIMAL AND PLANT HEALTH INSPECTION SERVICE

                         [Dollars in Thousands]

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

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

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

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

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

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

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

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

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

                        BUILDINGS AND FACILITIES

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

                     Agricultural Marketing Service

                           MARKETING SERVICES

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

                 LIMITATION ON ADMINISTRATIVE EXPENSES

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

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

                     (INCLUDING TRANSFERS OF FUNDS)

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

Estimated Total Funds Available and Balance Carried Forward

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

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

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

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

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

Administrative Funds:
    Commodity Purchase Support................................    27,731
    Marketing Agreements and Orders...........................    20,056
        Total, Administrative Funds...........................    47,787
                    --------------------------------------------------------------
                    ____________________________________________________

        Total Obligations.....................................   948,000

Unavailable for Obligations (Fruit and Vegetable Transfer to 
    FNS)......................................................   133,000

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

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

                   PAYMENTS TO STATES AND POSSESSIONS

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

        Grain Inspection, Packers and Stockyards Administration

                         SALARIES AND EXPENSES

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

        LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

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

             Office of the Under Secretary for Food Safety

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

                   Food Safety and Inspection Service

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

Food Safety and Inspection Service

                         [Dollars in Thousands]

Federal.......................................................  $887,520
State.........................................................    62,734
International.................................................    15,841
Codex Alimentarius............................................     3,752
Public Health Data Communications Infrastructure System.......    34,580
                    --------------------------------------------------------------
                    ____________________________________________________

            Total, Food Safety and Inspection Service.........$1,004,427

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

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

                          Farm Service Agency

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

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

                         [Dollars in Thousands]

Salaries and expenses...................................      $1,198,966
Transfer from P.L. 480..................................           2,500
Transfer from Export Loans..............................             355
Transfer from ACIF......................................         289,728
                    --------------------------------------------------------------
                    ____________________________________________________

      Total, FSA Salaries and expenses..................      $1,491,549

                         STATE MEDIATION GRANTS

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

               GRASSROOTS SOURCE WATER PROTECTION PROGRAM

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

                        DAIRY INDEMNITY PROGRAM

                     (INCLUDING TRANSFER OF FUNDS)

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

           AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

      The following table reflects the conference agreement:

                         [Dollars in Thousands]

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

                         Risk Management Agency

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

                Federal Crop Insurance Corporation Fund

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

                   Commodity Credit Corporation Fund

                 REIMBURSEMENT FOR NET REALIZED LOSSES

                     (INCLUDING TRANSFERS OF FUNDS)

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

                       Hazardous Waste Management

                        (LIMITATION ON EXPENSES)

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

                    TITLE II--CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

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

                 Natural Resources Conservation Service

                        CONSERVATION OPERATIONS

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

                    WATERSHED REHABILITATION PROGRAM

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

                 TITLE III--RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

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

                RURAL DEVELOPMENT SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

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

                         Rural Housing Service

              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

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

                         [Dollars in Thousands]

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

        Total, Loan authorizations......................   ($25,140,269)
                    ==============================================================
                    ____________________________________________________
Loan subsidies:
    Single family direct (sec. 502).....................         $42,570
    Housing repair (sec. 504)...........................           1,421
    Rental housing (sec. 515)...........................          22,000
    Farm labor housing..................................           7,100
                    --------------------------------------------------------------
                    ____________________________________________________

        Subtotal, Loan subsidies........................          73,091
    Farm labor housing grants...........................           7,100
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, Loan subsidies and grants................         $80,191
    Administrative expenses (transfer to RD)............        $430,800
        Total, Loan subsidies, grants and administrative 
          expenses......................................        $510,991
                    ==============================================================
                    ____________________________________________________
      The conferees recognize that many private lenders have 
been unable to implement the new annual fee for Section 502 
guaranteed loans as required by the Department. Currently, only 
one major lender has developed the necessary automated systems 
capacity. Many small rural banks and state housing agencies are 
precluded from program participation due to their lack of 
automated systems enhancements. To provide a short-term 
solution, the conferees provide authority to the Department to 
increase the guarantee fee, such that subsidy costs are covered 
while relying on processes that traditional program 
participants already have in place. However, the conferees are 
hopeful that participants continue to pursue automated systems 
changes necessary to implement the annual fee. The conferees 
direct the Department to complete all necessary systems 
enhancements as soon as possible.

                       RENTAL ASSISTANCE PROGRAM

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

          MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT

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

                  MUTUAL AND SELF-HELP HOUSING GRANTS

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

                    RURAL HOUSING ASSISTANCE GRANTS

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

                         [Dollars in Thousands]

Very-low income housing repair grants.........................   $29,500
Housing preservation grants...................................     3,636
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, grants...................................         $33,136

               RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

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

                         [Dollars in Thousands]

Loan Authorizations:
    CF direct loans.....................................    ($1,300,000)
    CF guaranteed loans.................................       (105,708)
Loan Subsidies and Grants:
    CF guaranteed loans.................................           5,000
    CF grants...........................................          11,363
    Rural Community Development Initiative..............           3,621
    Economic Impact Initiative..........................           5,938
    Tribal College Grants...............................           3,369
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, subsidies and grants.....................         $29,291

      The conferees note that USDA Community Facilities loans 
and grants can assist eligible school districts participating 
in the National School Lunch and Breakfast Programs with 
upgrades to school infrastructure in order to assist schools in 
meeting the new nutrition standards. The conferees encourage 
the Department to conduct outreach to rural school districts, 
especially those with more than 50 percent of students eligible 
for free or reduced-price meals, and consider applications for 
school food service upgrades through the Rural Community 
Facilities program.

                   Rural Business-Cooperative Service

                     RURAL BUSINESS PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

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

                         [Dollars in Thousands]

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

        Total, subsidy and grants.......................         $74,809

              RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

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

                         [Dollars in Thousands]

Loan authorization............................................ ($17,710)
Loan subsidy..................................................     6,000
Administrative expenses (Transfer to RD)......................     4,684
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, subsidy and administrative expenses............   $10,684

            RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

                    (INCLUDING RESCISSION OF FUNDS)

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

                  RURAL COOPERATIVE DEVELOPMENT GRANTS

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

                    RURAL ENERGY FOR AMERICA PROGRAM

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

                         [Dollars in Thousands]

Guaranteed loan authorization.................................  ($6,491)
Guaranteed loan subsidy.......................................     1,700
Grants........................................................     1,700
                    --------------------------------------------------------------
                    ____________________________________________________

        Total, subsidy and grants.............................    $3,400

                        Rural Utilities Service

             RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

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

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

        Total, subsidies and grants...........................  $513,000

   RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

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

                         [Dollars in Thousands]

Loan authorizations:
    Electric:
    Direct, 5 percent...................................      ($100,000)
    Direct, FFB.........................................     (6,500,000)
    Guaranteed underwriting.............................       (424,286)
                    --------------------------------------------------------------
                    ____________________________________________________

        Subtotal.............................................(7,024,286)
                    ==============================================================
                    ____________________________________________________
Telecommunications:
    Direct, 5 percent...................................       (145,000)
    Direct, Treasury rate...............................       (250,000)
    Direct, FFB.........................................       (295,000)
                    --------------------------------------------------------------
                    ____________________________________________________

        Subtotal.............................................. (690,000)
                    ==============================================================
                    ____________________________________________________
              Total, loan authorizations....................($7,714,286)
                    ==============================================================
                    ____________________________________________________
  Loan subsidies:
    Electric:
    Guaranteed underwriting...................................       594
    Administrative expenses (transfer to RD)..................    36,382
                    --------------------------------------------------------------
                    ____________________________________________________

            Total, Loan subsidies and administrative expenses.   $36,976
                    ==============================================================
                    ____________________________________________________

          DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

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

                    TITLE IV--DOMESTIC FOOD PROGRAMS

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

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

                       Food and Nutrition Service

                        CHILD NUTRITION PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

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

Total Obligational Authority

                         [Dollars in Thousands]

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

            Total.......................................     $18,151,176

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

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

               SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

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

Total Obligational Authority

                         [Dollars in Thousands]

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

            Total.......................................     $80,401,722

                      COMMODITY ASSISTANCE PROGRAM

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

                   NUTRITION PROGRAMS ADMINISTRATION

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

            TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

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

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

                     (INCLUDING TRANSFERS OF FUNDS)

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

                     FOOD FOR PEACE TITLE II GRANTS

      The conference agreement provides $1,466,000,000 for Food 
For Peace Title II Grants instead of $1,040,198,000 as proposed 
by the House and $1,562,000,000 as proposed by the Senate.
      The amount provided for this program is more than 
$200,000,000 less than the amount requested by the President 
and even further below the levels appropriated in recent years. 
Flexibility in providing appropriations for humanitarian food 
assistance has been constrained by the Budget Control Act of 
2011 (BCA) which established a firewall between security and 
non-security discretionary spending. This conference report 
includes only two programs under the security heading, PL 480 
and the McGovern-Dole International Food for Education and 
Child Nutrition Program, both of which are related to 
humanitarian food assistance. Because of this inflexibility in 
shifting discretionary resources due to the requirements of the 
BCA, the conferees are unable to provide higher levels of 
funding for these two programs without being in violation of 
established budget caps. The conferees remain aware of the 
acute problems relating to global hunger, especially in view of 
the declared famine in the Horn of Africa, and will continue to 
monitor conditions there and elsewhere in the world in order to 
take whatever steps are available, as conditions warrant.
      The conference agreement includes language in Section 741 
to ensure humanitarian food assistance programs include 
sufficient monitoring and control mechanisms. The conferees 
believe that food aid should not be used as a political tool 
but that recipient nations do have obligations to ensure 
transparency and cooperation in the distribution of aid to 
affected populations. Should the U.S. government consider 
resumption of food assistance to the Democratic People's 
Republic of Korea, it is expected that assurances will be given 
to protect the integrity of program execution, including 
monitoring, and that any remaining issues regarding previous 
year program delivery be satisfactorily resolved.

 COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT GUARANTEE PROGRAM 
                                ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

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

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

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

      TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         SALARIES AND EXPENSES

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

Food and Drug Administration Salaries & Expenses

Budget Authority:        [Dollars in Thousands]
    Foods.....................................................  $866,061
    Center for Food Safety and Applied Nutrition..............   264,296
        Field Activities......................................   601,765
    Human Drugs...............................................   477,810
    Center for Drug Evaluation and Research...................   347,817
        Field Activities......................................   129,993
    Biologics.................................................   212,224
    Center for Biologics Evaluation and Research..............   171,711
        Field Activities......................................    40,513
    Animal Drugs and Feeds....................................   138,021
    Center for Veterinary Medicine............................    84,699
        Field Activities......................................    53,322
    Devices and Radiological Products.........................   322,672
    Center for Devices and Radiological Health................   241,475
        Field Activities......................................    81,197
National Center for Toxicological Research....................    60,039
Other Activities/Office of the Commissioner...................   153,704
White Oak Consolidation.......................................    40,386
GSA Rent......................................................    65,598
Other Rent and Rent Related...................................   160,506
        Subtotal, Budget Authority............................ 2,497,021
User Fees:
Prescription Drug User Fee Act................................   702,172
Medical Device User Fee and Modernization Act.................    57,605
Animal Drug User Fee Act......................................    21,768
Animal Generic Drug User Fee Act..............................     5,706
Tobacco Product User Fees.....................................   477,000
Food Reinspection Fees........................................    14,700
Food Recall Fees..............................................    12,364
        Subtotal, User Fees................................... 1,291,315
                    --------------------------------------------------------------
                    ____________________________________________________

            Total, FDA Program Level..........................$3,788,336

      The conference agreement includes the following 
increases: $39,000,000 to begin implementation of the Food 
Safety Modernization Act; $20,038,000 for advancing medical 
countermeasures; and $12,962,000 for mandatory rental payments. 
The conferees also accept FDA's proposed reduction of 
$22,000,000 due to administrative and contract savings. The 
conferees direct FDA to provide a report within 30 days of 
enactment of this Act on how it intends to allocate these 
increases.
      The conferees direct that, within 90 days of the date of 
enactment of this Act, FDA report on the average number of 
calendar days that elapsed from the date that drug applications 
(including any supplements) were submitted to the agency under 
section 505 of the Federal Food, Drug, and Cosmetic Act (FD&C 
Act) until the date that the drugs were approved; the average 
number of calendar days that elapsed from the date that 
applications for device clearance (including any supplements) 
under section 510(k) of the FD&C Act or for premarket approval 
(including any supplements) under section 515 of the FD&C Act 
were submitted to the agency until the date that the devices 
were cleared; and the average number of calendar days that 
elapsed from the date that biological license applications 
(including any supplements) were submitted to the agency under 
section 351 of the Public Health Service Act until the date 
that the biological products were licensed.
      The conferees are concerned that FDA has not issued a 
proposed rule revising the monograph regulating the labeling of 
over-the-counter cough and cold products for children. The 
conferees direct the FDA to publish a proposed rule by December 
31, 2011, based on the latest scientific evidence for safety 
and efficacy in pediatric populations.
      The conferees recognize that FDA is developing facilities 
and expertise to study nanotechnology within FDA's Jefferson 
Laboratory Campus, including the National Center for 
Toxicological Research, and its consolidated headquarters at 
White Oak, Maryland. The conferees support FDA in its mission 
to expand upon current research in nanotechnology and support 
the eventual development of a Nanotechnology Core Center to 
meet its mission.
      The conferees are aware that FDA currently inspects less 
than 2 percent of imported seafood. Further, many of these 
imports may contain substances that are banned in the United 
States. Therefore, the conferees direct FDA to develop a 
comprehensive program for imported seafood.
      The conferees note that the most recent CDC estimates are 
that only 20 percent of foodborne illnesses are from 31 known 
pathogens such as norovirus, salmonella and clostridium. Since 
80 percent of illnesses are caused by unknown sources, FDA is 
encouraged to work with the public and private sectors to gain 
a better understanding of the causes of illness. FDA's broader 
understanding of unknown sources should contribute towards the 
development of new strategies, policies, and foodborne illness 
prevention methods. While simultaneously seeking answers to 
unknown sources and plans to address these hazards, FDA has to 
do a better job of identifying more effective food safety 
activities that will reduce illnesses, hospitalizations, and 
deaths associated with the other 20 percent of foodborne 
illness. Within the funding level for food safety, FDA is 
directed to develop a clear strategy on how the agency can 
prioritize intervention methods along the farm to fork 
continuum to reduce illness once they have discovered the 
sources for a much greater proportion of unknown agents and to 
tie the funding levels for food safety to increased levels of 
activities to both the known and the unknown sources of 
illness. The conferees direct FDA to include this information 
in the fiscal year 2013 budget justifications to Congress.
      The conferees emphasize the importance of predictability 
and transparency in the FDA approval process, and urge FDA to 
remain focused on its core mission of ensuring the safety, 
efficacy and security of human and veterinary drugs, biological 
products, medical devices, fostering the development of medical 
products to support the counterterrorism effort, and helping to 
speed innovation of safe and effective products that improve 
the lives of patients and consumers. The conferees urge FDA to 
be responsive, timely, and transparent throughout the approval 
process for all human and veterinary drugs, biological 
products, medical devices, and medical countermeasures.

                        BUILDINGS AND FACILITIES

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

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

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

                       Farm Credit Administration

                 LIMITATION ON ADMINISTRATIVE EXPENSES

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

                     TITLE VII--GENERAL PROVISIONS

             (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

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


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

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

                                TITLE I

                         DEPARTMENT OF COMMERCE

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

                   International Trade Administration

                     OPERATIONS AND ADMINISTRATION

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

                    Bureau of Industry and Security

                     OPERATIONS AND ADMINISTRATION

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

                  Economic Development Administration

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

                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

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

Public Works............................................    $111,640,000
Planning................................................      29,000,000
Technical Assistance....................................      12,000,000
Research and Evaluation.................................       1,500,000
Trade Adjustment Assistance.............................      15,800,000
Economic Adjustment Assistance..........................      50,060,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................    $220,000,000
                    ========================================================
                    ____________________________________________________
      Repatriation grants.--The conference agreement includes 
funds as proposed by the House for EDA to use its programs as a 
source for working with U.S. companies to bring their services, 
manufacturing, and/or research and development activities back 
to economically distressed regions in the United States.
      Technical Assistance.--The conference agreement does not 
adopt House report language directing that EDA provide a review 
of the University Center program. Instead, the conferees direct 
the Secretary of Commerce to commission an independent review 
of the University Center program within 60 days of enactment of 
this Act. This review shall gather information requested in 
both House and Senate reports with respect to an evaluation of 
the University Center program.
      Trade Adjustment Assistance.--The conferees note that 
funds provided under this activity are for manufacturing firms 
negatively impacted by import competition.
      Economic Adjustment Assistance (EAA).--The conference 
agreement includes funding for new loan guarantee programs as 
authorized under sections 26 and 27 of the America COMPETES Act 
(P.L. 111-358). The America COMPETES Act includes a number of 
safeguards with respect to these programs and the conferees 
expect EDA to rigorously abide by the requirements outlined in 
this legislation under 15 U.S.C. 3721 and 15 U.S.C. 3722. 
Specifically, the Secretary, in consultation with the Office of 
Management and Budget, shall implement accountability measures 
that strongly protect the financial interest of the United 
States. Finally, the conferees encourage EDA to use a portion 
of the funds provided in this Act for programs authorized under 
section 27 of the America COMPETES Act for science parks. The 
conferees do not adopt the Senate's separate account line for 
Regional Innovation Partnerships and instead encourage EDA to 
support such activities from within the EAA program. In 
addition, the conference agreement includes up to $1,000,000 to 
support innovative, energy efficient grant programs for small 
businesses. The conferees remind EDA to ensure that award 
decisions are made at the regional level rather than at 
headquarters, that award decisions reflect geographic equity 
and that rural areas are among those chosen when awarding EDA 
funding.
      Base realignment and closure.--The conference agreement 
does not adopt Senate language regarding base realignment and 
closure matters.

                         SALARIES AND EXPENSES

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

                  Minority Business Development Agency

                     MINORITY BUSINESS DEVELOPMENT

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

                   Economic and Statistical Analysis

                         SALARIES AND EXPENSES

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

                          Bureau of the Census

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

                         SALARIES AND EXPENSES

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

                     PERIODIC CENSUSES AND PROGRAMS

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

       National Telecommunications and Information Administration

                         SALARIES AND EXPENSES

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

    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION

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

               United States Patent and Trademark Office

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

      The conference agreement includes language making 
available to the United States Patent and Trademark Office 
(PTO) the full amount of fiscal year 2012 fee collections. The 
conferees note that PTO has revised its fee estimates downward 
twice since September 1, 2011, and now estimates that it will 
collect $2,516,000,000 or $190,313,000 less than the 
President's request of $2,706,313,000. The conference agreement 
appropriates all PTO fees in accordance with section 42(c) of 
title 35, United States Code, as amended by section 22 of the 
Leahy-Smith America Invents Act (P. L. 112-29) and includes 
language making available to the PTO any excess fee collections 
above the amount appropriated, subject to section 505 reporting 
requirements in this Act. The conference agreement does not 
include a general provision carried in previous years 
prohibiting funds to issue patents on claims directed to or 
encompassing a human organism. This language is no longer 
necessary as a similar permanent prohibition was enacted in the 
Leahy-Smith America Invents Act.
      National security concerns.--The conferees adopt by 
reference House report language regarding the need to update 
security procedures for patent applications that have national 
security implications and direct PTO to report to the 
Committees on Appropriations within 60 days of enactment of 
this Act regarding practices currently used by third parties to 
safeguard sensitive patent applications. This report shall 
provide a framework for suggested improvements for security 
standards used in the private sector.
      Establishment of satellite offices.--The conferees 
encourage PTO to establish satellite offices in areas that are 
advantageous to both PTO and its customers.

             National Institute of Standards and Technology

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

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

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

                     INDUSTRIAL TECHNOLOGY SERVICES

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

                  CONSTRUCTION OF RESEARCH FACILITIES

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

            National Oceanic and Atmospheric Administration

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

                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFER OF FUNDS)

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

                         NATIONAL OCEAN SERVICE
                  Operations, Research, and Facilities
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Navigation Services:
  Mapping and Charting:
    Mapping and Charting Base............................      $49,700
    Hydrographic Research and Technology Development.....        7,305
    Electronic Navigational Charts.......................        6,088
    Shoreline Mapping....................................        2,310
    Address Survey Backlog/Contracts.....................       28,973
                                                          --------------
  Subtotal, Mapping and Charting.........................       94,376
                                                          --------------
  Geodesy:
    Geodesy..............................................       26,647
    National Height Modernization........................        2,495
                                                          --------------
  Subtotal, Geodesy......................................       29,142
                                                          --------------
  Tide and Current Data:
    Tide and Current Data................................       27,530
                                                          --------------
  Subtotal, Tide and Current Data........................       27,530
                                                          --------------
      Total, Navigation Services.........................      151,048
                                                          ==============
Ocean Resources Conservation and Assessment:
  Ocean Assessment Program:
    Integrated Ocean Observing System (IOOS).............       31,055
    NOAA IOOS............................................        6,595
    Coastal Services Center..............................       37,099
    Coral Reef Program...................................       26,746
                                                          --------------
  Subtotal, Ocean Assessment Program.....................      101,495
                                                          --------------
  Response and Restoration:
    Response and Restoration Base........................       21,531
    Estuary Restoration Program..........................        1,000
    Marine Debris........................................        5,000
                                                          --------------
  Subtotal, Response and Restoration.....................       27,531
                                                          --------------
  National Centers for Coastal Ocean Science (NCCOS):
    National Centers for Coastal Ocean Science...........       36,000
    Competitive Research.................................       11,061
                                                          --------------
  Subtotal, NCCOS........................................       47,061
                                                          --------------
      Total, Ocean Resources Conservation and Assessment.      176,087
                                                          ==============
Ocean and Coastal Management:
  Coastal Management:
    CZM Grants...........................................       66,146
    CZM and Stewardship..................................        8,000
    Regional Ocean Partnership Grants....................        3,500
    National Estuarine Research Reserve System...........       22,281
    Marine Protected Areas...............................        2,000
    Marine Sanctuary Program.............................       47,600
                                                          --------------
      Total, Ocean and Coastal Management................      149,527
                                                          ==============
Undistributed Reduction..................................      (11,000)
                                                          ==============
      Total, National Ocean Service--ORF.................     $465,662
------------------------------------------------------------------------

      National Marine Fisheries Service (NMFS).--The conference 
agreement includes $794,210,000 for NMFS operations, research, 
and facilities.
      Fisheries Research and Management.--The conference 
agreement does not include Senate report language specifying 
that priority shall be given to international Regional Fishery 
Management Organizations but instead notes that resources are 
provided for NMFS to update stock assessments and conduct 
surveys in fisheries around the U.S. The conferees encourage 
NMFS to engage the American lobster industry in conducting 
research and surveys.
      Infectious Salmon Anemia.--Not later than six months 
after enactment of this Act, the National Aquatic Animal Health 
Task Force shall submit to the Senate Committee on Commerce, 
Science, and Transportation, the House Committee on Natural 
Resources and the House and Senate Committees on Appropriations 
a report assessing the risk Infectious Salmon Anemia poses to 
wild Pacific salmon and the coastal economies which rely on 
these fish. For this report, the Task Force shall establish 
Infectious Salmon Anemia research objectives, in collaboration 
with the Government of Canada, and Federal, State, and tribal 
governments, including the Department of Fish and Wildlife of 
Washington and the Department of Fish and Game of Alaska, to 
assess: (1) the prevalence of Infectious Salmon Anemia in both 
wild and aquaculture salmonid populations throughout Alaska, 
Washington, Oregon, California, and Idaho; (2) genetic 
susceptibility by population and species; (3) susceptibility of 
populations to Infectious Salmon Anemia from geographic and 
oceanographic factors; (4) potential transmission pathways 
between infectious Canadian sockeye and uninfected salmonid 
populations in United States waters; (5) management strategies 
to rapidly respond to potential Infectious Salmon Anemia 
outbreaks in both wild and aquaculture populations, including 
securing the water supplies at conservation hatcheries to 
protect hatchery fish from exposure to the Infectious Salmon 
Anemia virus present in incoming surface water; (6) potential 
economic impacts of Infectious Salmon Anemia; (7) any role 
foreign salmon farms may have in spreading Infectious Salmon 
Anemia to wild populations; (8) the identity of any potential 
Federal, State, tribal, and international research partners; 
(9) available baseline data, including baseline data available 
from a collaborating entity; and (10) other Infectious Salmon 
Anemia research priorities, as determined by the Task Force.
      National Research Council review.--The conferees do not 
adopt House report language regarding a National Research 
Council review but instead direct NOAA to report to the 
Committees on Appropriations and the appropriate authorizing 
committees within 60 days of enactment of this Act regarding 
appropriate efforts to address the concerns outlined in the 
letter referenced in the House report.

                    NATIONAL MARINE FISHERIES SERVICE
                  Operations, Research, and Facilities
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Protected Species Research and Management:
  Protected Species Research and Management Programs Base      $39,850
  Species Recovery Grants................................        2,797
  Marine Mammals.........................................       49,653
  Marine Turtles.........................................       12,887
  Other Protected Species (Marine Fish, Plants, and              7,038
   Invertebrates)........................................
  Atlantic Salmon........................................        5,660
  Pacific Salmon.........................................       58,566
                                                          --------------
Subtotal, Protected Species Research and Management......      176,451
                                                          --------------
Fisheries Research and Management:
  Fisheries Research and Management Programs.............      179,000
  National Catch Share Program...........................       28,000
  Expand Annual Stock Assessments / Improve Data                63,764
   Collection............................................
  Economics and Social Sciences Research.................        7,657
  Salmon Management Activities...........................       37,451
  Regional Councils and Fisheries Commissions............       31,855
  Fisheries Statistics...................................       23,224
  Fish Information Networks..............................       22,087
  Survey and Monitoring Projects.........................       21,779
  Fisheries Oceanography.................................        2,147
  American Fisheries Act.................................        3,888
  Interjurisdictional Fisheries Grants...................        1,157
  National Standard 8....................................        1,000
  Reduce Fishing Impacts on Essential Fish Habitat.......          374
  Reducing Bycatch.......................................        3,428
  Product Quality and Safety.............................        6,212
                                                          --------------
Subtotal, Fisheries Research and Management..............      433,023
                                                          --------------
Enforcement and Observers / Training:
  Enforcement............................................       66,825
  Observers / Training...................................       41,074
                                                          --------------
Subtotal, Enforcement and Observers / Training...........      107,899
                                                          --------------
Habitat Conservation and Restoration:
  Sustainable Habitat Management.........................       20,958
  Fisheries Habitat Restoration..........................       22,229
                                                          --------------
Subtotal, Habitat Conservation and Restoration...........       43,187
                                                          --------------
Other Activities Supporting Fisheries:
  Antarctic Research.....................................        1,645
  Aquaculture............................................        5,593
  Climate Regimes and Ecosystem Productivity.............        1,747
  Computer Hardware and Software.........................        1,796
  Cooperative Research...................................       11,000
  Information Analyses and Dissemination.................       15,377
  Marine Resources Monitoring, Assessment and Prediction           504
   Program...............................................
  National Environmental Policy Act......................        6,467
  NMFS Facilities Maintenance............................        3,293
  Regional Studies.......................................       10,228
                                                          --------------
Subtotal, Other Activities Supporting Fisheries..........       57,650
                                                          --------------
Undistributed Reduction..................................      (24,000)
                                                          ==============
Total, National Marine Fisheries Service--ORF............     $794,210
------------------------------------------------------------------------

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

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

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

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

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

     NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE
                  Operations, Research, and Facilities
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
    Satellite Command and Control........................      $39,970
    NOAA Satellite Operations Facility Operations........        7,944
                                                          --------------
  Subtotal, Satellite Command and Control................       47,914
                                                          --------------
  Product Processing and Distribution:
    Product Processing and Distribution..................       36,041
                                                          --------------
  Subtotal, Product Processing and Distribution..........       36,041
                                                          --------------
  Product Development, Readiness and Application:
    Product Development, Readiness and Application.......       20,771
    Product Development, Readiness and Application (Ocean        4,023
     Remote Sensing).....................................
    Joint Center / Accelerate Use of Satellites..........        3,358
                                                          --------------
  Subtotal, Product Development, Readiness and                  28,152
   Application...........................................
                                                          --------------
  Commercial Remote Sensing Licensing and Enforcement....        1,308
  Office of Space Commercialization......................          653
  Group on Earth Observations............................          505
                                                          --------------
Total, Environmental Satellite Observing Systems.........      114,573
                                                          --------------
Data Centers and Information Services....................       68,750
                                                          --------------
Undistributed Reduction..................................       (3,000)
                                                          ==============
Total, NESDIS--ORF.......................................     $180,323
------------------------------------------------------------------------

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

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

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

      The conference agreement includes a total program level 
of $1,825,094,000 in direct obligations under this heading, of 
which $1,817,094,000 is appropriated from the general fund and 
$8,000,000 is derived from recoveries of prior year 
obligations. The following narrative description and table 
identifies the specific activities and funding levels included 
in this Act:
      Joint Polar Satellite System (JPSS).--The conferees adopt 
by reference all House and Senate report language regarding 
JPSS with the exception of Senate report language regarding a 
lifecycle cost cap. Instead, the conferees direct NOAA to 
provide outyear funding estimates for this program prior to 
submission of the fiscal year 2013 budget request. The 
conferees note that new bill language is included in NOAA's 
Operations, Research, and Facilities account which limits the 
amount of funds that NOAA may obligate pending submission of a 
revised spend plan for JPSS and NOAA's other satellite 
programs. Further, the conferees direct NOAA to outline a 
framework for developing a compensation policy that would 
enable NOAA to be reimbursed as appropriate for the use of 
specialized data products derived from NOAA satellite imagery 
and data.

                PROCUREMENT, ACQUISITION AND CONSTRUCTION
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
National Ocean Service:
  CELCP Acquisition:
    Coastal and Estuarine Land Conservation Program......       $5,000
                                                          --------------
  Subtotal, NOS Acquisition..............................        5,000
                                                          --------------
  NERRS Construction:
    National Estuarine Research Reserve Construction             1,690
     (NERRS).............................................
                                                          --------------
  Subtotal, NERRS Construction...........................        1,690
                                                          --------------
  Marine Sanctuaries Construction:
    Marine Sanctuaries Base..............................        5,495
                                                          --------------
  Subtotal, Marine Sanctuary Construction................        5,495
                                                          --------------
  Subtotal, NOS Construction.............................        7,185
                                                          --------------
Total, National Ocean Service--PAC.......................       12,185
                                                          ==============
Oceanic and Atmospheric Research:
  Systems Acquisition:
    Research Supercomputing/CCRI.........................       10,358
                                                          --------------
  Subtotal, OAR Systems Acquisition......................       10,358
                                                          --------------
Total, Oceanic and Atmospheric Research--PAC.............       10,358
                                                          ==============
National Weather Service:
  Systems Acquisition:
    ASOS.................................................        1,635
    AWIPS................................................       24,364
    NEXRAD...............................................        5,819
    NWSTG Legacy Replacement.............................        1,195
    Radiosonde Network Replacement.......................        4,014
    Weather and Climate Supercomputing...................       40,169
    Cooperative Observer Network Modernization (NERON)...        3,727
    Complete and Sustain NOAA Weather Radio..............        5,594
    NOAA Profiler Conversion.............................        5,480
                                                          --------------
  Subtotal, NWS Systems Acquisition......................       91,997
                                                          --------------
  Construction:
    WFO Construction.....................................        3,150
                                                          --------------
  NWS WFO Construction...................................        3,150
                                                          --------------
Total, National Weather Service--PAC.....................       95,147
                                                          ==============
National Environmental Satellite, Data, and Information
 Service:
  Systems Acquisition:
    Geostationary Systems--N.............................       33,967
    Geostationary Systems--R.............................      617,390
    Polar Orbiting Systems--POES.........................       34,632
    JASON-3..............................................       20,000
    Joint Polar Satellite System (formerly NPOESS).......      924,014
    DSCOVR...............................................       30,100
    EOS and Advanced Polar Data Processing...............          990
    CIP--single point of failure.........................        2,772
    Comprehensive Large Array Data Stewardship System            6,476
     (CLASS).............................................
    NPOESS Preparatory Data Exploitation.................        4,455
    Restoration of Climate Sensors.......................       28,880
                                                          --------------
  Subtotal, NESDIS Systems Acquisition...................    1,703,676
                                                          --------------
  Construction:
    Satellite CDA Facility...............................        2,228
                                                          --------------
  Subtotal, NESDIS Construction..........................        2,228
                                                          --------------
Total, National Environmental Satellite, Data, and           1,705,904
 Information Service--PAC................................
                                                          ==============
Office of Marine and Aviation Operations:
  OMAO--Fleet Replacement:
    Fleet Capital Improvements and Tech Infusion.........       11,100
    New Vessel Construction..............................        1,400
                                                          --------------
  Subtotal, OMAO Fleet Replacement.......................       12,500
                                                          --------------
Total, Office of Marine and Aviation Operations--PAC.....       12,500
                                                          ==============
    Undistributed Reduction..............................      (11,000)
                                                          ==============
GRAND TOTAL, PAC.........................................   $1,825,094
------------------------------------------------------------------------

                    PACIFIC COASTAL SALMON RECOVERY

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

                      FISHERMEN'S CONTINGENCY FUND

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

                   FISHERIES FINANCE PROGRAM ACCOUNT

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

                        Departmental Management

                         SALARIES AND EXPENSES

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

                      RENOVATION AND MODERNIZATION

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

                      OFFICE OF INSPECTOR GENERAL

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

               General Provisions--Department of Commerce

                         (INCLUDING RESCISSION)

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

                              (RESCISSION)

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

                    TITLE II--DEPARTMENT OF JUSTICE

                         General Administration

                         SALARIES AND EXPENSES

      The conference agreement includes $110,822,000 for 
General Administration, Salaries and Expenses.
      Terrorism.--The conferees are concerned that the lack of 
a current policy on terrorist detention may be a disincentive 
to the capture and interrogation of terrorist suspects, thereby 
depriving the Department of Justice (DOJ) and other agencies of 
critical intelligence that could inform and improve 
counterterrorism efforts. The conferees note that the Attorney 
General co-chaired the Special Interagency Task Force on 
Detainee Disposition that was tasked with reviewing policies 
for the detention of individuals captured or apprehended in 
connection with armed conflicts and counterterrorism 
operations. The conferees direct the Department, in 
consultation with other appropriate Federal agencies, to 
provide to the Committees on Appropriations, not later than 120 
days after the enactment of this Act, an unclassified report on 
U.S. detention policy, including the legal basis for such 
policy, as it applies to current and future terrorism 
detainees. If appropriate, such report may be accompanied by a 
classified annex.
      Prison Rape Elimination Act (PREA).--The conferees affirm 
language in the House report directing the Department to 
publish, as soon as possible, a final rule adopting national 
standards for the detection, prevention, reduction and 
punishment of prison rape, as mandated by the PREA. Upon 
adoption of the national standards, the Committees on 
Appropriations will further examine how the Department will 
continue efforts to provide assistance in the form of training, 
technical assistance and implementation grants to assist State, 
local and tribal jurisdictions in achieving compliance with 
PREA national standards.
      With respect to auditing PREA compliance, the conferees 
strongly encourage the Department to follow the recommendations 
of the PREA Commission for the reasons outlined in the House 
report. In addition, the conferees concur with the Commission's 
proposed standard requiring correctional facilities to make use 
of cost-effective and appropriate monitoring technologies.
      Obscenity enforcement.--The conferees note the concern 
expressed in the House report regarding the Department's 
incorporation of the responsibilities of the Obscenity 
Prosecution Task Force into the Child Exploitation and 
Obscenity Section of the Criminal Division. The conferees 
support the work of the Department in investigating and 
prosecuting major producers and distributors of hardcore adult 
pornography that meets the test for obscenity, as defined by 
the Supreme Court, and expect that the responsibilities that 
had been assigned to the Task Force will not be diminished by 
this reorganization. The conferees direct the Department to 
submit a report not later than 120 days after the enactment of 
this Act on its adult obscenity investigation and prosecution 
workload statistics and accomplishments, including a comparison 
of workload statistics and accomplishments during the existence 
of the Obscenity Prosecution Task Force, and in the period of 
time following its incorporation into the Child Exploitation 
and Obscenity Section of the Criminal Division.
      Gulf Cost Claims Facility (GCCF).--The conference 
agreement includes language under section 220 requiring that 
the Department identify an independent auditor to carry out an 
evaluation of the GCCF. This evaluation should include 
assessments of matters such as the claims determination 
methodologies employed by the GCCF and the qualifications of 
its personnel. The conferees encourage the Department to 
consult with the Government Accountability Office (GAO) in 
identifying an auditor.
      International Organized Crime (IOC) strategy.--The 
conferees support the Department's goal of disrupting and 
dismantling international criminal organizations that pose the 
greatest threat to the United States. Given current and 
anticipated future budget constraints, however, it will be 
difficult for the Department to set aside funding to expand and 
enhance the IOC Intelligence and Operations Center (IOC-2), the 
Organized Crime Council Program Support Office, and IOC 
resources from other Justice components without impacting 
staffing levels. If the IOC initiative continues to be a 
priority in future requests, the Department should develop a 
strategy for funding this program somewhere other than the 
executive leadership budget.
      Tribal consultation.--The conferees are aware that the 
Department continues to develop its formal strategy on how to 
enhance public safety in Indian country. Not later than 120 
days after the enactment of this Act, the Attorney General 
shall provide the Committees on Appropriations a report on how 
DOJ will use the tribal consultation process to further 
streamline and coordinate programs and funding opportunities 
for Native Americans, both within DOJ and with relevant 
programs of the Department of the Interior.
      Violence against law enforcement personnel.--The 
conferees are concerned about spikes in ambush-style assaults 
that have taken the lives of law enforcement officers in recent 
months. The conference agreement includes funds under the State 
and Local Law Enforcement Assistance account for the Preventing 
Violence Against Law Enforcement and Ensuring Officer 
Resilience and Survivability Initiative (VALOR), a program 
designed to improve officer resilience and survivability. The 
conferees encourage the Department to make available this type 
of training for Federal law enforcement officers to further 
enhance the ability of these officers to anticipate and survive 
a violent encounter.
      Spending plans.--The conferees direct the Department to 
include in its spending plan for fiscal year 2012 a plan for 
the use of all funding available under this heading, by 
decision unit and office.

                   NATIONAL DRUG INTELLIGENCE CENTER

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

                 JUSTICE INFORMATION SHARING TECHNOLOGY

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

            TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

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

                   ADMINISTRATIVE REVIEW AND APPEALS

                     (INCLUDING TRANSFER OF FUNDS)

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

                           DETENTION TRUSTEE

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

                      OFFICE OF INSPECTOR GENERAL

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

                    United States Parole Commission

                         SALARIES AND EXPENSES

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

                            Legal Activities

            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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

                 VACCINE INJURY COMPENSATION TRUST FUND

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

               SALARIES AND EXPENSES, ANTITRUST DIVISION

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

             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

      The conference agreement includes $1,960,000,000 for the 
Executive Office for United States Attorneys (EOUSA) and the 94 
United States Attorneys' offices.
      Human trafficking.--The conference agreement includes 
language directing each U.S. Attorney to establish or 
participate in a U.S. Attorney-led human trafficking task 
force. In instances where it may be preferable, due to 
geographical or other considerations, to operate joint human 
trafficking task forces, joint task forces representing no more 
than two U.S. Attorneys' offices will satisfy the requirement.
      The conferees direct such task forces to engage law 
enforcement, elected leadership, civic and faith-based groups 
and to convene quarterly, working-level meetings where Federal, 
State and local law enforcement are represented. Task force 
meetings should focus specifically on combating human 
trafficking, with an emphasis on undertaking proactive 
investigations. Such investigations shall include, for example, 
the investigation of persons or entities facilitating 
trafficking in persons through the use of classified 
advertising on the Internet. The conferees also direct the 
Department to submit an annual report to the Committees on 
Appropriations regarding the work of these task forces. This 
report shall detail the range of efforts by the task forces, 
and include information on the use of classified advertising on 
the Internet to facilitate trafficking and a description of 
policies and task force actions that respond to such practices.
      The conferees further direct the EOUSA, in consultation 
with each U.S. Attorney, to designate a point of contact in 
each U.S. Attorney's office who shall serve as the coordinator 
for all activities within that office concerning human 
trafficking and slavery matters covered by the Trafficking 
Victims Protection Act.
      In addition, the conferees adopt language in the House 
report directing the Department to undertake outreach efforts 
in the form of public notices, such as newspaper 
advertisements, in ethnic communities in the U.S., the home 
countries of which represent the top ten countries with regard 
to the prevalence of human trafficking activities and to report 
to the Committees on Appropriations regarding such outreach 
efforts.
      Intellectual property rights (IPR) enforcement.--The 
conferees expect the Department to continue to make IPR 
enforcement an investigative and prosecutorial priority for 
Federal prosecutors. The conferees direct the Department to 
provide to the Committees on Appropriations a report on the 
activities of its Assistant U.S. Attorneys dedicated to 
investigating intellectual property crimes pursuant to and 
authorized under section 402 of the Prioritizing Resources and 
Organization for Intellectual Property Act of 2008 (Public Law 
110-403).
      Adam Walsh Act implementation.--The conferees expect the 
EOUSA to continue to focus on investigations and prosecutions 
related to the sexual exploitation of children, as authorized 
by the Adam Walsh Child Protection and Safety Act of 2006 
(Public Law 109-248). The conference agreement includes not 
less than $41,000,000 for these purposes in fiscal year 2012.

                   UNITED STATES TRUSTEE SYSTEM FUND

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

      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

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

                     FEES AND EXPENSES OF WITNESSES

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

           SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

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

                         ASSETS FORFEITURE FUND

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

                     United States Marshals Service

                         SALARIES AND EXPENSES

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

                              CONSTRUCTION

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

                       National Security Division

                         SALARIES AND EXPENSES

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

                      Interagency Law Enforcement

                 INTERAGENCY CRIME AND DRUG ENFORCEMENT

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

                    Federal Bureau of Investigation

                         SALARIES AND EXPENSES

      The conference agreement includes $8,036,991,000 for the 
salaries and expenses of the Federal Bureau of Investigation 
(FBI). The conference agreement incorporates language in the 
House report on analytic career path training, the Safe 
Streets/Safe Trails Task Force program, the continuation of 
positions for Southwest Border law enforcement, the nationwide 
file inventory program, and the continuation of positions for 
the investigation of white collar and financial crime.
      Computer intrusions.--In recognition of the FBI's unique 
cyber-related authorities and expertise, the conference 
agreement includes at least the full request, an increase of 
$18,628,000 and 42 positions, including 14 special agents, 
above the fiscal year 2011 enacted level to further the 
Bureau's investigatory, intelligence gathering and 
technological capabilities to address malicious cyber 
intrusions and protect critical infrastructure in the United 
States from cyber attacks. The conferees direct the FBI to 
produce an annual national cyber threat assessment, in both 
classified and unclassified versions, and submit such report to 
the Committees on Appropriations not later than 120 days after 
the enactment of this Act.
      National security.--The conference agreement includes 
program increases totaling $48,870,000 as described in the 
House report. The conferees direct the FBI to submit a report 
to the Committees on Appropriations not later than 120 days 
after the enactment of this Act detailing the research 
activities conducted under the auspices of the High-value 
Detainee Interrogation Group, the results of such research, and 
any recommendations for the development of new techniques.
      Electronic surveillance.--The conference agreement 
incorporates language in the House report related to increases 
provided to improve lawful electronic surveillance 
capabilities. The conference agreement does not include 
language in the Senate report directing a percentage of these 
funds to be used for Special Surveillance Groups.
      Render Safe.--The conference agreement includes a program 
increase of $40,000,000 and 13 positions to support the 
acquisition and refurbishment of two aircraft to carry out the 
Render Safe mission. The conferees note that the Senate had 
approved the use of previously appropriated funding for this 
same purpose. The FBI shall submit a report to the Committees 
on Appropriations not later than 120 days after the enactment 
of this Act on the plan for Render Safe procurement.
      Trafficking in persons.--The conferees agree that, within 
the funding provided, the FBI shall increase activities related 
to the investigation of severe forms of trafficking in persons. 
The FBI shall submit a report to the Committees on 
Appropriations not later than 120 days after the enactment of 
this Act on agent utilization and overall staff resources 
dedicated to trafficking investigations in fiscal years 2010, 
2011 and 2012. In addition, the conferees expect the FBI to 
share trafficking case information on an ongoing basis with 
other law enforcement agencies and task forces working similar 
cases. The conferees agree that funds shall be used for 
conducting investigations into trafficking and slavery and 
providing victim witness coordinators on an emergency basis 
when needed.
      IPR enforcement.--The conferees agree that the FBI shall 
continue to prioritize the investigation of IPR cases and 
coordinate with IPR units at the U.S. Attorneys and the 
Criminal Division. The FBI shall submit a report, not later 
than 120 days after the enactment of this Act, on agent 
utilization and overall staff resources dedicated to 
investigating intellectual property cases, and an accounting of 
the agents placed in specific field offices since fiscal year 
2010.
      DNA programs.--The conferees encourage the FBI to 
undertake activities to facilitate familial DNA searches of the 
Combined DNA Index System database of convicted offenders and 
work with the National DNA Index System (NDIS) Procedures Board 
to consider the establishment of procedures allowing familial 
searches only for serious violent and sexual crimes where other 
investigative leads have been exhausted. The procedures should 
provide appropriate protections for the privacy rights of those 
in the NDIS database.
      Sentinel.--The conferees continue to monitor closely 
Sentinel, the FBI's information and investigation case 
management system, and remain understandably concerned about 
Sentinel's development. The FBI shall adhere to the language 
included in the House report regarding the expectation that the 
FBI will continue all necessary periodic oversight reviews in 
accordance with recommendations of the Inspector General, and 
in the Senate report regarding the prohibition on spending 
anything in excess of $451,000,000 on Sentinel without first 
providing notification to the Committees on Appropriations and 
developing a work breakdown structure. In addition, the 
conference agreement includes language under section 213 
requiring the Attorney General to submit to the Committees on 
Appropriations a report containing a cost and schedule estimate 
for the final operating capability of the Sentinel program, and 
a detailed list of the functionalities included in the final 
operating capability. The FBI shall submit this report 
concurrently to the Department's OIG for review and comment.
      Criminal alien identification.--The conferees direct the 
FBI to submit a report to the Committees on Appropriations, not 
later than 120 days after the enactment of this Act, detailing 
the FBI's participation in Federal interagency information 
sharing efforts to identify criminal aliens.
      Cyber training for field agents.--The conferees agree 
that, within funds provided, the FBI shall expand training for 
FBI cyber agents involved in national security intrusions 
cases. Such training should focus on increasing the number of 
agents qualified to understand current techniques and tactics 
used by those engaged in illicit cyber activities, and respond 
to shortfalls identified by the DOJ OIG.
      Criminal Justice Information Services Division.--The 
conference agreement includes the full requested amount of 
appropriated funds and user fees for the Criminal Justice 
Information Services Division.
      Human rights violations.--The conferees direct the FBI to 
increase efforts to investigate and support DOJ's criminal 
prosecution of serious human rights crimes committed by foreign 
nationals who are in the United States.
      Liaison partnerships.--The conferees support the FBI's 
policy prohibiting any formal non-investigative cooperation 
with unindicted co-conspirators in terrorism cases. The 
conferees expect the FBI to insist on full compliance with this 
policy by FBI field offices and to report to the Committees on 
Appropriations regarding any violation of the policy.

                              CONSTRUCTION

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

                    Drug Enforcement Administration

                         SALARIES AND EXPENSES

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

                              CONSTRUCTION

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         SALARIES AND EXPENSES

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

                         Federal Prison System

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

                        BUILDINGS AND FACILITIES

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

   LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, 
                              INCORPORATED

      The conference agreement includes a limitation on 
administrative expenses of $2,700,000 for Federal Prison 
Industries, Incorporated.
      Federal Prison Industries (FPI).--In addition to its 
function as a reentry tool, the conferees believe that FPI, if 
allowed to enter into partnerships with private businesses, 
could bring some lost manufacturing back into the United States 
while providing inmates with opportunities to learn skills that 
will be marketable after release. Therefore, the conference 
agreement includes language under section 221 of this Act to 
allow FPI to carry out pilot projects to produce items that are 
currently manufactured outside of the United States.

               State and Local Law Enforcement Activities

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

                    Office on Violence Against Women

       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

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

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

                       Office of Justice Programs

                  RESEARCH, EVALUATION, AND STATISTICS

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

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

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

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

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

      Presidential nominating conventions.--The conference 
agreement includes $100,000,000 to address extraordinary local 
law enforcement costs related to the 2012 presidential 
nominating conventions. The conferees note that the Department 
failed to request any funding for this activity, and expect 
that future budget requests will address known resource 
requirements associated with convention security. The conferees 
expect that the funds included in this agreement will be used 
solely for extraordinary law enforcement expenses incurred with 
respect to local law enforcement's role in providing security 
for these events. The conferees expect the Department to 
develop clear guidelines to govern allowable expenses, and all 
payments or reimbursements shall be reviewed and approved by 
the Department, as well as audited by the OIG, to ensure 
efficiency and accountability. Finally, the conferees expect 
that planning committees for the nominating conventions will 
assist in addressing security needs to the greatest extent 
possible from other funding sources.
      Human trafficking.--The conference agreement includes 
$10,500,000 for human trafficking task force activities and 
services for U.S. citizens, permanent residents and foreign 
nationals who are victims of trafficking. The conferees expect 
that the human trafficking task forces funded by the Department 
will continue to bring together Federal, State and local law 
enforcement and victim services organizations to investigate 
all forms of human trafficking and assist the victims. OJP 
shall consult with stakeholder groups in determining the 
overall allocation of Victims of Trafficking funding, including 
with respect to amounts allocated to assist foreign national 
victims, and provide to the Committees on Appropriations a plan 
for the use of these funds as part of the Department's fiscal 
year 2012 spending plan. The plan should be guided by the best 
information available on the regions of the United States with 
the highest incidence of trafficking.
      Reentry.--The conferees urge OJP to assist in the 
development of State reentry councils in order to foster State-
level advancements in reentry and recidivism reduction.
      Second Chance Act.--The conferees direct the Department 
to submit, as part of its spending plan for fiscal year 2012 a 
plan for the allocation of funds appropriated for Second Chance 
Act programs.
      Sex offender location, arrest and prosecution/Adam Walsh 
Act implementation.--The conference agreement includes 
$20,000,000 to support the administration's proposal to help 
States, Indian tribes and territories come into compliance with 
the Sex Offender Registration and Notification Act (SORNA), as 
well as provide for sex offender management and treatment. 
These grants will provide critical support to the 
comprehensive, nationwide effort to locate, register, monitor, 
apprehend, prosecute and manage child sexual predators and 
exploiters that was envisioned by SORNA.
      DNA backlog/crime lab improvements.--The conferees 
continue Congress' strong support for DNA backlog reduction and 
crime lab improvements by recommending $125,000,000 to 
strengthen and improve Federal and State DNA collection and 
analysis systems that can be used to accelerate the prosecution 
of the guilty while simultaneously protecting the innocent from 
wrongful prosecution. Within the funding provided, the 
conference agreement includes $4,000,000 each for Post-
Conviction DNA Testing grants, and Sexual Assault Forensic Exam 
Program grants. The conferees expect that OJP will make funding 
for DNA analysis and capacity enhancement a priority to meet 
the purposes of the Debbie Smith DNA Backlog Grant Program. The 
conferees direct the Department to submit both a spending plan 
with respect to funds appropriated for DNA-related programs, 
and a report on the alignment of appropriated funds with the 
authorized purposes of the Debbie Smith DNA Backlog Grant 
Program, as part of the Department's spending plan for fiscal 
year 2012.
      In addition, the conferees direct the GAO to examine the 
use of funds awarded for DNA analysis and capacity enhancement 
in the past five years that were awarded to any entity other 
than to a State or local public DNA laboratory. GAO's 
examination should include an evaluation of the methodology 
employed in creating the solicitations and the process for 
awarding these funds; the extent to which DOJ has assessed 
whether the results of the awards are making a measurable 
impact with respect to reducing backlogs and increasing 
capacity; and how the objectives of the solicitations have been 
fulfilled. The study should also include an analysis of how NIJ 
inventories and compiles grant data and results, including a 
breakdown of the funds provided to non-government DNA 
laboratories on an annual basis, and a description of the 
contribution of NIJ toward increasing capacity and reducing 
backlogs for government DNA laboratories. Lastly, the study 
should detail the proportion of DNA funding annually provided 
to State and local laboratories, non-government entities, NIJ's 
DNA program office, and other uses by NIJ such as overhead, 
travel and conferences.
      National technical assistance and training.--The 
conferees affirm language in the Senate report encouraging the 
Department to continue its efforts to assist States in the 
development and use of criminal justice information systems 
that accelerate the automation of identification processes for 
fingerprints and other criminal justice data, and which improve 
the compatibility of State and local law enforcement systems 
with the FBI's Integrated Automated Fingerprint Identification 
System.
      National Motor Vehicle Title Information System 
(NMVTIS).--The conference agreement incorporates language in 
the Senate report on the use of NMVTIS as an effective tool to 
prevent the fraudulent use of vehicle title documents, 
investigate vehicle thefts and thwart terrorist financing 
activities.
      Tribal assistance.--The conference agreement includes 
$38,000,000 for tribal grant programs. The conferees expect OJP 
to consult closely with tribal stakeholders in determining how 
tribal assistance funds will be allocated among grant programs 
that help improve public safety in tribal communities, such as 
grants for detention facilities under section 20109 of subtitle 
A of title II of the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-322), civil and criminal legal 
assistance as authorized by title I of Public Law 106-559, 
tribal courts, and alcohol and substance abuse reduction 
assistance programs. The conferees direct OJP to submit, as 
part of the Department's spending plan for fiscal year 2012, a 
plan for the use of these funds that has been informed by such 
consultation. The conferees note that the conference agreement 
includes additional grant funding for tribal law enforcement 
programs through COPS and OVW.
      Direct legal representation of crime victims.--The 
conference agreement incorporates language in the Senate report 
directing the Office for Victims of Crime to submit a report to 
the Committees on Appropriations within 60 days of notifying 
States of their Victims of Crime Act victim assistance formula 
allocation for fiscal year 2012.

                       JUVENILE JUSTICE PROGRAMS

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

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

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

                     PUBLIC SAFETY OFFICER BENEFITS

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

                  Community Oriented Policing Services

             COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

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

                  COMMUNITY ORIENTED POLICING SERVICES
                        [In thousands of dollars]
------------------------------------------------------------------------
                         Program                             Conference
------------------------------------------------------------------------
Transfer to DEA for Methamphetamine Lab Cleanups.........       12,500
Tribal Resources Grant Program...........................       20,000
COPS Hiring Grants.......................................      166,000
  Transfer to Tribal Resources Grant Program.............      (15,000)
  Community Policing Development/Training and Technical        (10,000)
   Assistance............................................
                                                          --------------
  TOTAL, Community Oriented Policing Services............     $198,500
------------------------------------------------------------------------

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

               General Provisions--Department of Justice

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

                           TITLE III--SCIENCE

                Office of Science and Technology Policy

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

             National Aeronautics and Space Administration

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

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

                                SCIENCE

      The conference agreement includes $5,090,000,000 for 
Science.
      Program, project and activity level funding 
designations.--The conferees have not included a detailed, 
line-item funding table for the Science Mission Directorate. 
Instead, the conference table provides totals for Earth 
Science, Planetary Science, Astrophysics, the James Webb Space 
Telescope and Heliophysics. Using these totals, as well as any 
additional funding direction provided below, NASA should 
develop a budget plan for each division that incorporates any 
necessary reductions and submit these proposals as part of the 
spending plan required by section 538 of this Act. In proposing 
reductions, NASA should take care to protect, to the extent 
possible, high priority missions of the decadal surveys, as 
well as missions with near-term launch readiness dates. In 
addition, NASA should be careful to propose a funding portfolio 
that maintains an essential balance between actual spaceflight 
projects and the critical mission-enabling activities (research 
and data analysis, data application, etc.) that support and 
enhance the value of those projects.
      Earth Science.--The conference agreement adopts, by 
reference, language from the Senate report on carbon monitoring 
systems and the Deformation, Ecosystem Structure and Dynamics 
of Ice mission.
      Planetary Science.--The conference agreement includes no 
less than $581,700,000 for Mars Exploration. Within the amount 
provided, NASA shall continue working to define, plan and 
execute future Mars missions and continue seeking and taking 
advantage of opportunities for international cooperation on 
such missions.
      The conference agreement also includes $43,000,000 for 
outer planets flagship missions. The conferees understand that 
required descoping studies for planetary flagship missions are 
at or near completion and direct that those studies be 
submitted to the Committees on Appropriations as soon as 
possible. NASA is also directed to continue working on a 
detailed definition of an appropriately descoped flagship 
mission, consistent with the findings of the most recent 
planetary science decadal survey.
      Astrophysics.--The conference agreement adopts, by 
reference, language from the Senate report regarding the Hubble 
Space Telescope and the Explorer Program.
      The Wide Field Infrared Survey Telescope (WFIRST) was 
identified as the first priority of the most recent astronomy 
and astrophysics decadal survey. NASA should build on the work 
of the Joint Dark Energy Mission project and pursue WFIRST to 
the extent that foreseeable budget resources can accommodate 
this mission.
      James Webb Space Telescope (JWST).--According to the 
recent JWST budget replan, the program's lifecycle cost 
estimate is now $8,835,000,000 (with formulation and 
development costs totaling $8,000,000,000). This represents an 
increase of $1,208,000,000 over the previous lifecycle cost 
estimate, including an increase of $156,000,000 above the 
budget request for fiscal year 2012. In order to accommodate 
that increase in this agreement, the conferees received input 
from the administration and made reductions to the requested 
levels for Earth and planetary science, astrophysics and the 
agency's budget for institutional management. Although the 
amounts provided for these other science activities still 
constitute an increase over the fiscal year 2011 levels, the 
conferees note that keeping JWST on schedule from fiscal year 
2013 through the planned launch in fiscal year 2018 will 
require NASA to identify another $1,052,000,000 over previous 
JWST estimates while simultaneously working to meet the deficit 
reduction requirements of the Budget Control Act of 2011 (P.L. 
112-25). As a result, outyear work throughout the agency may 
need to be reconsidered. The conferees expect the 
administration to come forward with a realistic long-term 
budget plan that conforms to anticipated resources as part of 
its fiscal year 2013 budget request.
      To provide additional assurances that JWST's management 
and funding problems are under control, the conference 
agreement includes language strictly limiting JWST formulation 
and development costs to the current estimate of $8,000,000,000 
and requiring any increase above that amount to be treated 
according to procedures established for projects in 30 percent 
breach of their lifecycle cost estimates.
      In addition, the conferees direct the GAO to continually 
assess the program and to report to the Committees on 
Appropriations on key issues relating to program and risk 
management; achievement of cost and schedule goals; and program 
technical status. For its first report, the conferees direct 
the Comptroller General to assess: (1) the risks and 
technological challenges faced by JWST; (2) the adequacy of 
NASA's revised JWST cost estimate based on GAO's cost 
assessment best practices; and (3) the extent to which NASA has 
provided adequate resources for and is performing oversight of 
the JWST project to better ensure mission success. The first 
report should be provided to the Committees no later than 
December 1, 2012, with reports continuing on an annual basis 
thereafter. Periodic updates should also be provided to the 
Committees upon request or whenever a significant new finding 
has been made. NASA is directed to cooperate fully and to 
provide timely access to analyses, data, applications, 
databases, portals, reviews, milestone decision meetings, and 
contractor and agency personnel.
      Heliophysics.--The conference agreement adopts, by 
reference, language from the Senate report regarding the 
Explorer Program, Magnetospheric Multiscale Mission and Solar 
Probe Plus.
      Flagship management.--The conferees believe that flagship 
missions are an important component of a balanced science 
mission portfolio but are concerned by NASA's history of 
problematic management of these projects. Without substantial 
improvements in cost estimation, requirements definition, cost 
discipline and other practices, management problems will 
persist and, ultimately, erode support for NASA's pursuit of 
these missions. NASA has many sources of expertise, both 
internal and external, on which to draw for ideas about how to 
address its problems in flagship management, and the conferees 
urge NASA to do so. In particular, the conferees encourage NASA 
to look at lessons learned from reviews of the challenges of 
prior flagship projects; identify those lessons that address 
universal management issues; and implement those lessons in 
flagship projects across the Directorate.

                              AERONAUTICS

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

                            SPACE TECHNOLOGY

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

                              EXPLORATION

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

                            SPACE OPERATIONS

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

                               EDUCATION

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

                          CROSS AGENCY SUPPORT

      The conference agreement includes $2,995,000,000 for 
Cross Agency Support (CAS).
      Civil service labor.--NASA's CAS request included funding 
for nearly 700 programmatic FTE that had not yet been allocated 
to a mission directorate. Since the time of the budget 
submission, NASA has provided updated data showing the 
appropriate distribution of these FTE. The conference agreement 
reflects this updated distribution by reallocating both the FTE 
and associated funding out of the CAS account.
      Background investigations.--All members of the NASA 
workforce, including both civil servants and contractors, 
should be appropriately and regularly screened to validate 
their right to access NASA physical or virtual resources. The 
conferees support the implementation of all necessary security 
procedures to achieve this goal.
      Employee Performance Communications System (EPCS).--The 
conference agreement adopts, by reference, language in the 
Senate report requiring a GAO assessment of specified elements 
of the implementation of the EPCS.
      Cybersecurity.--The conference agreement adopts, by 
reference, language from the House report regarding authorities 
of the Chief Information Officer to address cybersecurity 
vulnerabilities.
      Independent Verification and Validation (IV&V).--The 
conference agreement adopts, by reference, language from the 
Senate report regarding IV&V.
      Budget justifications.--The conferees understand that 
NASA is undertaking changes to the format and content of its 
annual budget justifications. The Committees on Appropriations 
should be involved in the discussion about what changes are 
necessary in order to ensure that the end product is as useful 
as possible for the conduct of the Committees' work. 
Consequently, NASA is directed to work jointly with the 
Committees to define the scope and content of needed changes 
and to implement those changes in all future budget 
justifications.
      Comprehensive independent assessment.--NASA has a broad 
mandate to execute a balanced space program that includes 
science, technology development, aeronautics research, human 
spaceflight and education. NASA regularly receives management 
and programmatic recommendations from GAO, the Office of 
Inspector General (OIG) and various commissions and other 
entities, as well as outside advice on scientific and technical 
priorities from the National Academies. While each of these 
reviews is useful on its own, they are generally targeted to a 
specific issue or program and therefore do not provide a 
comprehensive assessment of NASA's activities. The conferees 
believe that such an agency-wide assessment will provide a 
means to evaluate whether NASA's overall strategic direction 
remains viable and whether agency management is optimized to 
support that direction. Accordingly, the conference agreement 
recommendation includes $1,000,000, to be provided by transfer 
to the OIG, to commission a comprehensive independent 
assessment of NASA's strategic direction and agency management.
      The assessment should consider the relevance and 
feasibility of NASA's strategic goals; the appropriateness of 
the budgetary balance between NASA's various programs; and the 
adequacy of NASA's internal policies, procedures, controls and 
organizational structures that support and prioritize its 
mission activities. Any recommendations made pursuant to the 
assessment should be predicated on the assumption that NASA's 
outyear budget profile will be constrained due to continuing 
deficit reduction efforts. Such recommendations should also 
take into account the need for a common, unifying vision for 
NASA's strategic direction that encompasses NASA's varied 
missions. A report summarizing the conclusions of the 
assessment and any relevant recommendations shall be provided 
to the Congress and the President no later than 120 days after 
the enactment of this Act.
      To conduct this assessment, the Inspector General shall 
choose an organization that will convene individuals with 
recognized relevant expertise and whose collective credentials 
sufficiently cover the entire range of NASA's mission 
activities, including space and Earth science; aeronautics; 
advanced technology development; space exploration; spaceflight 
operations and support; STEM education; and/or management of 
any of these activities. In order to promote objectivity, the 
Inspector General shall define and implement any conflict of 
interest protocols deemed necessary, but, at a minimum, the 
selected individuals shall not be currently employed or 
retained by NASA or any outside entity that competes for or 
receives NASA funding.
      Working Capital Fund (WCF).--NASA's WCF was initially 
authorized in fiscal year 2003. In fiscal year 2012, NASA has 
expanded its use of the WCF to cover activities such as major 
agency-wide information technology services. The conferees are 
concerned that such an expansion of the uses of the WCF without 
adequate advance notification through the normal budget process 
undermines the oversight role of the Committees on 
Appropriations. Accordingly, the conferees direct that NASA, as 
part of its annual congressional budget justification, detail 
any expected WCF activity for the coming fiscal year, including 
the source and amount of expected WCF transfers, all expected 
uses of the Fund, and any balances on hand or expected to 
remain at the end of the fiscal year. NASA shall also provide 
quarterly to the Committees an accounting of that quarter's 
expenditures along with the amount of any unobligated balances 
in the Fund.

       CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

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

                      OFFICE OF INSPECTOR GENERAL

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

                       ADMINISTRATIVE PROVISIONS

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

                      National Science Foundation

                    RESEARCH AND RELATED ACTIVITIES

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

          MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

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

                     EDUCATION AND HUMAN RESOURCES

      The conference agreement includes $829,000,000 for 
Education and Human Resources (EHR).
      Program changes.--In parallel with terminations and 
reductions proposed in the R&RA account, NSF has proposed a 
number of program reductions or terminations within EHR. For 
the most part, these cuts were proposed not due to any 
dissatisfaction with the programs in question but rather 
because NSF would prefer to implement new initiatives. The 
conferees have no objection to this approach, with the 
exception of the proposed reductions to the Robert Noyce 
Scholarship Program and the Math and Science Partnership 
program. The conferees do not believe that those cuts are 
warranted solely to make room for new activities.
      Broadening Participation at the Core.--The conference 
agreement adopts, by reference, language from the House report 
regarding funding levels for the existing Broadening 
Participation at the Core programs.
      Best practices in K-12 STEM education.--NSF is encouraged 
to find more effective mechanisms for disseminating the results 
of its education research to the K-12 STEM education community. 
Such mechanisms could include partnerships with nonprofits and 
professional associations, Webinars, newsletters and workshops, 
drawing when possible on the resources of existing networks.
      In particular, NSF is directed to ensure that the NRC 
report entitled Successful K-12 STEM Education: Identifying 
Effective Approaches in Science, Technology, Engineering, and 
Mathematics is widely distributed within the educational and 
scientific communities. In addition, NSF is directed to begin 
work to identify methods for tracking and evaluating the 
implementation of the recommendations in the NRC's report. NSF 
and its collaborators should provide an evaluation plan to the 
Committees on Appropriations within 12 months of the enactment 
of this Act that describes these methods and recommends the 
necessary steps that should be taken by NSF and other Federal 
agencies to implement that plan. Within the amounts available 
in this account, up to $500,000 should be used for the 
formulation of the evaluation plan.
      Hispanic Serving Institutions.--The conference agreement 
adopts, by reference, language from the House report on 
Hispanic Serving Institutions.
      Federal Cyber Service: Scholarships for Service.--The 
conferees adopt the Senate recommendation to expand the Federal 
Cyber Service: Scholarships for Service program. The agreement 
provides $45,000,000 for this program, which is $20,000,000 
above the requested level.

                 AGENCY OPERATIONS AND AWARD MANAGEMENT

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

                  OFFICE OF THE NATIONAL SCIENCE BOARD

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

                      OFFICE OF INSPECTOR GENERAL

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

                        ADMINISTRATIVE PROVISION

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

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

                Equal Employment Opportunity Commission

                         SALARIES AND EXPENSES

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

                     International Trade Commission

                         SALARIES AND EXPENSES

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

                       Legal Services Corporation

               PAYMENT TO THE LEGAL SERVICES CORPORATION

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

          ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION

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

                        Marine Mammal Commission

                         SALARIES AND EXPENSES

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

            Office of the United States Trade Representative

                         SALARIES AND EXPENSES

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

                        State Justice Institute

                         salaries and expenses

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

                      TITLE V--GENERAL PROVISIONS

                        (INCLUDING RESCISSIONS)

      The conference agreement includes the following general 
provisions:
      Section 501 prohibits the use of funds for publicity or 
propaganda purposes unless expressly authorized by law.
      Section 502 prohibits any appropriation contained in this 
Act from remaining available for obligation beyond the current 
fiscal year unless expressly provided.
      Section 503 provides that the expenditure of any 
appropriation contained in this Act for any consulting service 
through procurement contracts shall be limited to those 
contracts where such expenditures are a matter of public record 
and available for public inspection, except where otherwise 
provided under existing law or existing Executive Order issued 
pursuant to existing law.
      Section 504 provides that if any provision of this Act or 
the application of such provision to any person or circumstance 
shall be held invalid, the remainder of the Act and the 
application of other provisions shall not be affected.
      Section 505 prohibits a reprogramming of funds that: (1) 
creates or initiates a new program, project or activity; (2) 
eliminates a program, project, or activity; (3) increases funds 
or personnel by any means for any project or activity for which 
funds have been denied or restricted; (4) relocates an office 
or employee; (5) reorganizes or renames offices, programs or 
activities; (6) contracts out or privatizes any function or 
activity presently performed by Federal employees; (7) augments 
funds for existing programs, projects or activities in excess 
of $500,000 or 10 percent, whichever is less, or reduces by 10 
percent funding for any existing program, project, or activity, 
or numbers of personnel by 10 percent; or (8) results from any 
general savings, including savings from a reduction in 
personnel, which would result in a change in existing programs, 
activities, or projects as approved by Congress; unless the 
House and Senate Committees on Appropriations are notified 15 
days in advance of such reprogramming of funds.
      Section 506 permanently prohibits funds from being used 
to implement, administer, or enforce any guidelines of the 
Equal Employment Opportunity Commission covering harassment 
based on religion similar to proposed guidelines published by 
the EEOC in October 1993.
      Section 507 provides that if it is determined that any 
person intentionally affixes a ``Made in America'' label to any 
product that was not made in America, that person shall not be 
eligible to receive any contract or subcontract with funds made 
available in this Act. The section further provides that to the 
extent practicable, with respect to purchases of promotional 
items, funds made available under this Act shall be used to 
purchase items manufactured, produced or assembled in the 
United States or its territories or possessions.
      Section 508 requires quarterly reporting to Congress on 
the status of balances of appropriations.
      Section 509 provides that any costs incurred by a 
department or agency funded under this Act resulting from, or 
to prevent, personnel actions taken in response to funding 
reductions in the Act shall be absorbed with the budgetary 
resources available to the department or agency, and provides 
transfer authority between appropriation accounts to carry out 
this provision, subject to reprogramming procedures.
      Section 510 prohibits funds made available in this Act 
from being used to promote the sale or export of tobacco or 
tobacco products or to seek the reduction or removal of foreign 
restrictions on the marketing of tobacco products, except for 
restrictions which are not applied equally to all tobacco or 
tobacco products of the same type. This provision is not 
intended to impact routine international trade services to all 
U.S. citizens, including the processing of applications to 
establish foreign trade zones.
      Section 511 permanently prohibits funds from being used 
to implement a Federal user fee for background checks conducted 
pursuant to the Brady Handgun Control Act of 1993, and to 
implement a background check system that does not require and 
result in the destruction of certain information within 24 
hours.
      Section 512 delays the obligations of any receipts 
deposited into the Crime Victims Fund in excess of $705,000,000 
until the following fiscal year. This language is continued to 
ensure a stable source of funds will remain available for the 
program, despite inconsistent levels of criminal fines 
deposited annually into the Fund.
      Section 513 prohibits the use of Department of Justice 
funds for programs that discriminate against or denigrate the 
religious or moral beliefs of students participating in such 
programs.
      Section 514 prohibits the transfer of funds in the Act to 
any department, agency or instrumentality of the United States 
Government, except for transfers made by, or pursuant to 
authorities provided in, this Act or any other appropriations 
Act.
      Section 515 provides that funds provided for E-Government 
Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
      Section 516 requires the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to include specific language in any 
release of tracing study data that makes clear that trace data 
cannot be used to draw broad conclusions about firearms-related 
crimes.
      Section 517 requires certain timetables of audits 
performed by Inspectors General of the Departments of Commerce 
and Justice, the National Aeronautics and Space Administration, 
the National Science Foundation, and the Legal Services 
Corporation and sets limits and restrictions on the awarding 
and use of grants or contracts funded by amounts appropriated 
by this Act.
      Section 518 prohibits funds for information technology 
acquisitions unless the acquiring department or agency has 
assessed the risk of cyber-espionage or sabotage. Each 
department or agency covered under section 518 shall submit a 
quarterly report to the Committees on Appropriations of the 
House and the Senate describing assessments made pursuant to 
this section and any associated findings or determinations of 
risk.
      Section 519 prohibits the use of funds in this Act to 
support or justify the use of torture by any official or 
contract employee of the United States Government.
      Section 520 prohibits the use of funds in this Act to 
require certain export licenses.
      Section 521 prohibits the use of funds in this Act to 
deny certain import applications regarding ``curios or relics'' 
firearms, parts, or ammunition.
      Section 522 prohibits the use of funds to include certain 
language in trade agreements.
      Section 523 prohibits the use of funds in this Act to 
authorize or issue a National Security Letter (NSL) in 
contravention of certain laws authorizing the Federal Bureau of 
Investigation to issue NSLs.
      Section 524 requires congressional notification for any 
project within the Departments of Commerce or Justice, the 
National Science Foundation or the National Aeronautics and 
Space Administration totaling more than $75,000,000 that has 
cost increases of at least 10 percent.
      Section 525 deems funds for intelligence or intelligence-
related activities as authorized by the Congress until the 
enactment of the Intelligence Authorization Act for fiscal year 
2012.
      Section 526 requires the departments and agencies funded 
in this Act to establish and maintain on the homepages of their 
Internet websites direct links to the Internet websites of 
their Offices of Inspectors General, and a mechanism by which 
individuals may anonymously report cases of waste, fraud or 
abuse.
      Section 527 prohibits contracts or grant awards in excess 
of $5,000,000 unless the prospective contractor or grantee 
certifies that the organization has filed all Federal tax 
returns, has not been convicted of a criminal offense under the 
IRS Code of 1986, and has no unpaid Federal tax assessment.

                             (RESCISSIONS)

      Section 528 provides for rescissions of unobligated 
balances in certain departments and agencies funded in this 
Act. With respect to rescissions of unobligated balances from 
the Office on Violence Against Women, the Office of Justice 
Programs and the Office of Community Oriented Policing 
Services, the conferees expect that rescissions will be from 
grant deobligations and recoveries.
      Section 529 prohibits the use of funds in this Act in a 
manner that is inconsistent with the principal negotiating 
objective of the United States with respect to trade remedy 
laws.
      Section 530 prohibits the use of funds in this Act for 
the purchase of first class or premium air travel.
      Section 531 prohibits the use of funds to pay for the 
attendance of more than 50 department or agency employees at 
any single conference outside the United States, unless the 
conference is a law enforcement training or operational event 
where the majority of Federal attendees are law enforcement 
personnel stationed outside the United States.
      Section 532 includes language regarding detainees held at 
Guantanamo Bay.
      Section 533 includes language regarding facilities for 
housing detainees held at Guantanamo Bay.
      Section 534 prohibits the distribution of funds contained 
in this Act to the Association of Community Organizations for 
Reform Now or its subsidiaries.
      Section 535 includes language regarding the purchase of 
light bulbs.
      Section 536 requires any department, agency or 
instrumentality of the United States Government receiving funds 
appropriated under this Act to track and report on undisbursed 
balances in expired grant accounts.
      Section 537 prohibits the use of funds to relocate the 
Bureau of the Census or employees from the Department of 
Commerce to the jurisdiction of the Executive Office of the 
President.
      Section 538 requires the Departments of Commerce and 
Justice, the National Aeronautics and Space Administration, and 
the National Science Foundation to submit spending plans.
      Section 539 prohibits the use of funds by the National 
Aeronautics and Space Administration or the Office of Science 
and Technology Policy to engage in bilateral activities with 
China or a Chinese-owned company unless the activities are 
authorized by subsequent legislation or NASA or OSTP have made 
a certification pursuant to subsections (c) and (d) of this 
section.
      Section 540 specifies reporting requirements for certain 
conferences held by any department, agency, board or commission 
funded by this Act.
      Section 541 prohibits funds made available by this Act 
from being used to deny the importation of shotgun models if no 
application for the importation of such models, in the same 
configuration, had been denied prior to January 1, 2011, on the 
basis that the shotgun was not particularly suitable for or 
readily adaptable to sporting purposes.
      Section 542 prohibits the use of funds to establish or 
maintain a computer network that does not block pornography, 
except for law enforcement purposes.
      Section 543 prohibits funds made available by this Act 
from being used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, 
or provide a loan or loan guarantee to, any corporation that 
was convicted of a felony criminal violation under any Federal 
law within the preceding 24 months, unless an agency has 
considered suspension or debarment of the corporation and has 
made a determination that this further action is not necessary 
to protect the interests of the government.
      Section 544 prohibits funds made available by this Act 
from being used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, 
or provide a loan or loan guarantee to, any corporation that 
has any unpaid Federal tax liability that has been assessed, 
for which all judicial and administrative remedies have been 
exhausted or have lapsed, and that is not being paid in a 
timely manner pursuant to an agreement with the authority 
responsible for collecting the tax liability, unless an agency 
has considered suspension or debarment of the corporation and 
has made a determination that this further action is not 
necessary to protect the interests of the government.
      Section 545 specifies reporting requirements regarding 
vehicle fleets for all agencies and departments funded by this 
Act.
      Section 546 prohibits any funds from being used to 
implement, administer, or enforce the ``Wage Methodology for 
the Temporary Non-agricultural Employment H-2B Program'' prior 
to January 1, 2012, to allow time for Congress to address this 
rulemaking. In making prevailing wage determinations for the H-
2B nonimmigrant visa program for employment prior to January 1, 
2012, the conferees direct the Secretary of Labor to continue 
to apply the rule entitled ``Labor Certification Process and 
Enforcement for Temporary Employment in Occupations Other Than 
Agriculture or Registered Nursing in the United States (H-2B 
Workers), and Other Technical Changes'' published by the 
Department of Labor on December 19, 2008 (73 Fed. Reg. 78020 et 
seq.).


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

                        CONGRESSIONAL DIRECTIVES

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

                 TITLE I--DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         SALARIES AND EXPENSES

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

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

                  NATIONAL INFRASTRUCTURE INVESTMENTS

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

                      FINANCIAL MANAGEMENT CAPITAL

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

                       CYBER SECURITY INITIATIVES

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

                         OFFICE OF CIVIL RIGHTS

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

           TRANSPORTATION PLANNING, RESEARCH AND DEVELOPMENT

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

                          WORKING CAPITAL FUND

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

               MINORITY BUSINESS RESOURCE CENTER PROGRAM

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

                       MINORITY BUSINESS OUTREACH

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

                        PAYMENTS TO AIR CARRIERS

                    (AIRPORT AND AIRWAY TRUST FUND)

                     (INCLUDING TRANSFER OF FUNDS)

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

  ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION

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

                    Federal Aviation Administration

                               OPERATIONS

                    (AIRPORT AND AIRWAY TRUST FUND)

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

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


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

                        FACILITIES AND EQUIPMENT

                    (AIRPORT AND AIRWAY TRUST FUND)

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

----------------------------------------------------------------------------------------------------------------
                                                             House Bill        Senate Bill         Conference
----------------------------------------------------------------------------------------------------------------
  Activity 1, Engineering, Development, Test and
 Evaluation:
    Advanced Technology Development and Prototyping....        $31,900,000        $24,000,000        $29,000,000
    NAS Improvement of System Support Laboratory.......          1,000,000          1,000,000          1,000,000
    William J. Hughes Technical Center Facilities......         15,000,000         14,000,000         14,000,000
    William J. Hughes Technical Center Infrastructure            7,500,000          7,500,000          7,500,000
     Sustainment.......................................
    Next Generation Network Enabled Weather (NNEW).....                  0         18,000,000                  0
    Data Communications in support of Next Generation          143,000,000        109,000,000        143,000,000
     Air Transportation System.........................
    Next Generation Transportation System Demonstration         16,900,000         15,000,000         15,000,000
     and Infrastructure Development....................
    Next Generation Transportation System--System               90,000,000         70,000,000         85,000,000
     Development.......................................
    Next Generation Transportation System--Trajectory            9,300,000          7,000,000          7,000,000
     Based Operations..................................
    Next Generation Transportation System--Weather              15,600,000         10,000,000         15,600,000
     Reduction Impact..................................
    Next Generation Transportation System--High Density         14,300,000         10,000,000         12,000,000
     Arrivals/Departures...............................
    Next Generation Transportation System--                     28,000,000         22,000,000         24,000,000
     Collaborative ATM.................................
    Next Generation Transportation System--Flexible             36,300,000         32,000,000         33,300,000
     Terminals and Airports............................
    Next Generation Transportation System--Safety                        0                  0                  0
     Security and Environment..........................
    Next Generation Transportation System--Networked             9,000,000          5,000,000          5,000,000
     Facilities........................................
    Next Generation Air transportation System--Future           19,500,000         10,000,000         15,000,000
     Facilities........................................
    Joint Planning and Development Office (JPDO).......                  0          3,000,000                  0
    Performance Based Navigation.......................         29,200,000         26,200,000         29,200,000
                                                        --------------------------------------------------------
        Total, Activity 1..............................        466,500,000        383,700,000        435,600,000
                                                        ========================================================
  Activity 2, Air Traffic Control Facilities and
 Equipment:
    En Route Programs:
    En Route Automation Modernization (ERAM)...........        148,000,000        148,500,000        155,000,000
    En Route Automation Modernization (ERAM)--PER3.....                  0          3,356,000                  0
    En Route Communications Gateway (ECG)..............          2,000,000          2,000,000          2,000,000
    Next Generation Weather Radar (NEXRAD)--Provide....          2,800,000          2,800,000          2,800,000
    Air Traffic Control System Command Center (ATCSCC)--         3,600,000          3,600,000          3,600,000
     Relocation........................................
    ARTCC Building Improvements/Plant Improvements.....         46,000,000         36,000,000         41,000,000
    Air Traffic Management (ATM).......................          7,500,000          7,500,000          7,500,000
    Air/Ground Communications Infrastructure...........          4,800,000          4,800,000          4,800,000
    Air Traffic Control En Route Radar Facilities                5,800,000          5,800,000          5,800,000
     Improvements......................................
    Voice Switching and Control System (VSCS)..........          1,000,000          1,000,000          1,000,000
    Oceanic Automation System..........................          6,000,000          4,000,000          4,000,000
    Next Generation Very High Frequency Air/Ground              45,150,000         45,150,000         45,150,000
     Communications System (NEXCOM)....................
    System-Wide Information Management (SWIM)..........         66,350,000         66,350,000         66,350,000
    ADS-B NAS Wide Implementation......................        285,100,000        285,100,000        285,100,000
    Windshear Detection Services.......................          1,000,000          1,000,000          1,000,000
    Weather and Radar Processor (WARP).................          2,500,000          2,500,000          2,500,000
    Collaborative Air Traffic Management Technologies..         41,500,000         41,500,000         41,500,000
    Colorado Wide Area Multilateration (WAM)...........          3,800,000          3,800,000          3,800,000
    Automated Terminal Information Service (ATIS)......          1,000,000          1,000,000          1,000,000
    Time-Based Flow Management (TBFM)..................         38,700,000         38,700,000         38,700,000
                                                        --------------------------------------------------------
        Subtotal En Route Programs.....................        712,600,000        704,456,000        712,600,000
    Terminal Programs:
    Airport Surface Detection Equipment--Model X (ASDE-          2,200,000          2,200,000          2,200,000
     X)................................................
    Terminal Doppler Weather Radar (TDWR)..............          7,700,000          6,000,000          7,700,000
    Standard Terminal Automation Replacement System             25,000,000         25,000,000         25,000,000
     (STARS) (TAMR Phase 1)............................
    Terminal Automation Modernization/Replacement              108,750,000         98,750,000        108,750,000
     Program (TAMR Phase 3)............................
    Terminal Automation Program........................          2,500,000          2,500,000          2,500,000
    Terminal Air Traffic Control Facilities--Replace...         51,600,000         51,600,000         51,600,000
    ATCT/Terminal Radar Approach Control (TRACON)               56,900,000         45,000,000         52,000,000
     Facilities--Improve...............................
    Terminal Voice Switch Replacement (TVSR)...........         10,000,000          8,000,000          8,000,000
    NAS Facilities OSHA and Environmental Standards             26,000,000         20,000,000         24,600,000
     Compliance........................................
    Airport Surveillance Radar (ASR-9).................          6,000,000          6,000,000          6,000,000
    Terminal Digital Radar (ASR-11)....................          3,900,000          3,900,000          3,900,000
    Runway Status Lights...............................         29,800,000         20,000,000         29,800,000
    National Airspace System Voice Switch (NVS)........         19,800,000          9,000,000          9,000,000
    Integrated Display System (IDS)....................          8,800,000          8,800,000          8,800,000
    Remote Maintenance and Logging System (RMLS).......          4,200,000          4,200,000          4,200,000
    ASR-8 Service Life Extension Program (SLEP)........                  0                  0                  0
    Mode S Service Life Extension Program (SLEP).......          4,000,000          4,000,000          4,000,000
                                                        --------------------------------------------------------
        Subtotal Terminal Programs.....................        367,150,000        314,950,000        348,050,000
    Flight Service Programs:
    Automated Surface Observing System (ASOS)..........          2,500,000          2,500,000          2,500,000
    Flight Service Station (FSS) Modernization--Alaska           4,500,000          4,500,000          4,500,000
     Flight Service Modernization (AFSM)...............
    Weather Camera Program.............................          1,500,000          4,800,000          4,800,000
                                                        --------------------------------------------------------
        Subtotal Flight Service Programs...............          8,500,000         11,800,000         11,800,000
    Landing and Navigational Aids Program:
    VHF Omnidirectional Radio Range (VOR) with Distance          5,000,000          5,000,000          5,000,000
     Measuring Equipment (DME).........................
    Instrument Landing System (ILS)--Establish.........          5,000,000          5,000,000          5,000,000
    Wide Area Augmentation System (WAAS) for GPS.......         85,000,000        110,000,000         95,000,000
    Runway Visual Range (RVR)..........................          5,000,000          5,000,000          5,000,000
    Approach Lighting System Improvement Program                 5,000,000          5,000,000          5,000,000
     (ALSIP)...........................................
    Distance Measuring Equipment (DME).................          5,000,000          5,000,000          5,000,000
    Visual NAVAIDS--Establish/Expand...................          3,400,000          3,400,000          3,400,000
    Instrument Flight Procudures Automation (IFPA).....          2,200,000          2,200,000          2,200,000
    Navigation and Landing Aids--Service Life Extension          6,000,000          7,000,000          7,000,000
     Program (SLEP)....................................
    VASI Replacement--Replace with Precision Approach            7,000,000          8,000,000          8,000,000
     Path Indicator....................................
    GPS Civil Requirements.............................         19,000,000         36,000,000         19,000,000
    Runway Safety Areas--Navigational Mitigation.......         25,000,000         25,000,000         25,000,000
                                                        --------------------------------------------------------
        Subtotal Landing and Navigational Aids Programs        172,600,000        214,600,000        184,600,000
    Other ATC Facilities Programs:
    Fuel Storage Tank Replacement and Monitoring.......          6,400,000          4,400,000          5,400,000
    Unstaffed Infrastructure Sustainment...............         18,000,000         15,000,000         18,000,000
    Aircraft Related Equipment Program.................         11,700,000         11,700,000         11,700,000
    Airport Cable Loop Systems--Sustained Support......          5,000,000          5,000,000          5,000,000
    Alaskan Satellite telecommunications Infrastructure         16,000,000         15,500,000         15,500,000
     (ASTI)............................................
    Facilities Decommissioning.........................          5,000,000          5,000,000          5,000,000
    Electrical Power Systems--Sustain/Support..........         85,600,000         68,000,000         77,581,000
    Aircraft Fleet Modernization.......................          9,000,000          6,000,000          9,000,000
    FAA employee housing and Life Safety Shelter System          2,500,000          2,500,000          2,500,000
     Service...........................................
                                                        --------------------------------------------------------
        Subtotal Other ATC Facilities Programs.........        159,200,000        133,100,000        149,681,000
                                                        --------------------------------------------------------
            Total, Activity 2..........................      1,420,050,000      1,378,906,000      1,406,731,000
                                                        --------------------------------------------------------
  Activity 3, Non-Air Traffic Control Facilities and
 Equipment:
    Support Equipment:
    Hazardous Materials Management.....................         20,000,000         20,000,000         20,000,000
    Aviation Safety Analysis System (ASAS).............         30,100,000         30,100,000         30,100,000
    Logistics Support System and Facilities (LSSF).....         10,000,000         10,000,000         10,000,000
    National Airspace System Recovery Communications            12,000,000         12,000,000         12,000,000
     (RCOM)............................................
    Facility Security Risk Management..................         18,000,000         16,000,000         16,000,000
    Information Security...............................         17,000,000         15,000,000         15,200,000
    System Approach for Safety Oversight...............         23,600,000         23,600,000         23,600,000
    Aviation Safety Knowledge Management Environment            17,200,000         17,200,000         17,200,000
     (ASKME)...........................................
    Data Center Operations.............................          1,000,000                  0          1,000,000
    Aerospace Medical System Support...................         12,000,000         10,000,000         10,000,000
                                                        --------------------------------------------------------
        Subtotal Support Equipment.....................        160,900,000        153,900,000        155,100,000
    Training, Equipment and Facilities:
    Aeronautical Center Infrastructure Modernization...         18,000,000         15,000,000         16,500,000
    Distance Learning..................................          1,500,000          1,500,000          1,500,000
    National Airspace System (NAS) Training--Simulator.  .................  .................  .................
                                                        --------------------------------------------------------
        Subtotal Training, Equipment and Facilities....         19,500,000         16,500,000         18,000,000
                                                        --------------------------------------------------------
            Total, Activity 3..........................        180,400,000        170,400,000        173,100,000
                                                        ========================================================
  Activity 4, Facilities and Equipment Mission Support:
    System Support and Services:
    System Engineering and Development Support.........         32,900,000         28,500,000         32,900,000
    Program Support Leases.............................         41,700,000         40,000,000         40,000,000
    Logistics Support Services (LSS)...................         11,700,000         10,100,000         11,700,000
    Mike Monroney Aeronautical Center Leases...........         17,000,000         17,000,000         17,000,000
    Transition Engineering Support.....................         13,000,000         11,300,000         13,000,000
    Technical Support Services Contract (TSSC).........         22,000,000         19,100,000         22,000,000
    Resource Tracking Program (RTP)....................          4,000,000          4,000,000          4,000,000
    Center for Advanced Aviation System Development             80,800,000         71,000,000         78,000,000
     (CAASD)...........................................
    Aeronautical Information Management Program........         26,300,000         20,224,000         20,200,000
    Permanent Change of Station (PCS) Moves............          2,500,000          2,500,000          1,500,000
                                                        --------------------------------------------------------
        Total, Activity 4..............................        251,900,000        223,724,000        240,300,000
                                                        ========================================================
  Activity 5, Personnel and Related Expenses:
    Personnel and Related Expenses--...................        480,000,000        474,000,000        475,000,000
                                                        --------------------------------------------------------
        Total, All Activities..........................      2,798,850,000      2,630,730,000      2,730,731,000
                                                        ========================================================
----------------------------------------------------------------------------------------------------------------

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

                 RESEARCH, ENGINEERING AND DEVELOPMENT

                      (AIRPORT AIRWAY TRUST FUND)

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

----------------------------------------------------------------------------------------------------------------
                                                                                                   Conference
                        Program                              House Bill        Senate Bill         Agreement
----------------------------------------------------------------------------------------------------------------
Improve Aviation Safety................................        $94,249,000        $87,775,000        $89,314,000
    Fire research and safety...........................          8,157,000          7,158,000          7,158,000
    Propulsion and fuel systems........................          3,611,000          2,300,000          2,300,000
    Advanced materials/structural safety...............          2,605,000          2,534,000          2,534,000
    Atmospheric hazards/digital system safety..........          5,404,000          5,404,000          5,404,000
    Aging aircraft.....................................         12,589,000         10,632,000         11,600,000
    Aircraft catastrophic failure prevention...........          1,502,000          1,147,000          1,147,000
    Flightdeck safety/systems integration..............          6,162,000          6,162,000          6,162,000
    Aviation safety risk analysis......................         10,027,000         10,027,000         10,027,000
    ATC/AF human factors...............................         10,634,000         10,364,000         10,364,000
    Aeromedical research...............................         11,617,000         11,000,000         11,000,000
    Weather research...................................         16,366,000         16,043,000         16,043,000
    Unmanned aircraft system...........................          3,504,000          3,504,000          3,504,000
    NextGen Alternative Fuels for General Aviation.....          2,071,000          1,500,000          2,071,000
Improve Efficiency of the ATC System...................         33,905,000         28,134,000         34,174,000
    Joint program and development office...............                  0          6,500,000          5,000,000
    Wake turbulence....................................         10,674,000          9,064,000         10,674,000
    NextGen--Air Ground Integration....................         10,545,000          5,303,000          7,000,000
    NextGen--Self Separation...........................          3,500,000          5,060,000          3,500,000
    NextGen--Weather Technology in the Cockpit.........          9,186,000          2,207,000          8,000,000
Reduce Environmental Impacts...........................         41,351,000         35,597,000         38,574,000
    Environment and energy.............................         16,351,000         15,074,000         15,074,000
    NextGen Environmental Research--Aircraft                    25,000,000         20,523,000         23,500,000
     Technologies, Fuels and Metrics...................
Mission Support........................................          5,495,000          5,494,000          5,494,000
    System planning and resource management............          1,718,000          1,717,000          1,717,000
    Technical laboratory facilities....................          3,777,000          3,777,000          3,777,000
                                                        --------------------------------------------------------
        Total..........................................        175,000,000        157,000,000        167,556,000
----------------------------------------------------------------------------------------------------------------

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

                       GRANTS-IN-AID FOR AIRPORTS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                    (AIRPORT AND AIRWAY TRUST FUND)

                     (INCLUDING TRANSFER OF FUNDS)

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

       ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION

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

                     Federal Highway Administration

                 LIMITATION ON ADMINISTRATIVE EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

                          FEDERAL-AID HIGHWAYS

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

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

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                          (HIGHWAY TRUST FUND)

      The conference agreement provides a liquidating cash 
appropriation of $39,882,582,670, which is available until 
expended, to pay the outstanding obligations of the various 
highway programs at the levels provided in this Act and prior 
appropriations Acts. This level reflects the annualized 
contract authority provided under the latest surface 
transportation extension, P.L. 112-30, including contract 
authority both subject to and exempt from the obligation 
limitation.

                            EMERGENCY RELIEF

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

                               RESCISSION

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

       ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION

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

              Federal Motor Carrier Safety Administration

              MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

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

                      MOTOR CARRIER SAFETY GRANTS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

                         (INCLUDING RESCISSION)

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

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

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

 ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

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

             National Highway Traffic Safety Administration

                        OPERATIONS AND RESEARCH

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

                        OPERATIONS AND RESEARCH

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

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

                     HIGHWAY TRAFFIC SAFETY GRANTS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

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

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

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

      ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY 
                             ADMINISTRATION

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

                    Federal Railroad Administration

                         SAFETY AND OPERATIONS

      The conference agreement provides $178,596,000 for safety 
and operations of the Federal Railroad Administration (FRA) 
instead of $180,867,000 proposed by the House and $176,596,000 
proposed by the Senate. Of the funds provided, $12,300,000 is 
available until expended as proposed by the Senate.
      Positive Train Control.--The conferees expect the FRA to 
complete the necessary PTC rulemakings, and directs the FRA to 
report to the House and Senate Appropriations Committees, by 
March 1, 2012, on (a) the status of the revisions under 
consideration and (b) the FRA assessment of the progress being 
made by the railroad carriers in complying with the PTC 
statutory deadlines.

                   RAILROAD RESEARCH AND DEVELOPMENT

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

       RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

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

            NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)

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

OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

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

  CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                              CORPORATION

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

CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS PASSENGER RAIL SERVICE

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

       ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION

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

                     Federal Transit Administration

                        ADMINISTRATIVE EXPENSES

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

                         FORMULA AND BUS GRANTS

                  (LIQUIDATION OF CONTRACT AUTHORITY)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

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

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

                RESEARCH AND UNIVERSITY RESEARCH CENTERS

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

                       CAPITAL INVESTMENT GRANTS

                         (INCLUDING RESCISSION)

      The conference agreement provides $1,955,000,000 for 
capital investment grants as proposed by the Senate instead of 
$1,554,077,000 as proposed by the House. Of the amounts 
provided, $35,481,000 is for the small starts program, 
$21,004,000 is for administrative oversight activities, 
$1,368,515,000 is for payouts for full funding grant 
agreements, $510,000,000 is for projects entering into full 
funding grant agreements in calendar year 2012 payable upon 
grant award, $5,000,000 is for the Denali Commission, and 
$15,000,000 is for Alaska and Hawaii ferries. Oversight and 
audit activities performed by the Office of Inspector General 
are funded out of the OIG account. Further, $58,500,000 of 
prior year unobligated balances are rescinded.
      The conferees direct FTA to refrain from signing any full 
funding grant agreement with a new starts share greater than 
60% as recommended in the Senate report. The House proposed 
limiting FTA to projects with a 50% or less Federal share.
      The conference agreement provides the following payouts 
for new starts projects:

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

       GRANTS FOR ENERGY EFFICIENCY AND GREENHOUSE GAS REDUCTIONS

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

      GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

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

       ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION

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

             Saint Lawrence Seaway Development Corporation

                       Operations and Maintenance

                    (Harbor Maintenance Trust Fund)

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

                        Maritime Administration

                       MARITIME SECURITY PROGRAM

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

                        OPERATIONS AND TRAINING

                         (INCLUDING RESCISSION)

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

                             SHIP DISPOSAL

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

                     ASSISTANCE TO SMALL SHIPYARDS

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

          MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

              (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

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

           ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION

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

         Pipeline and Hazardous Materials Safety Administration

                          OPERATIONAL EXPENSES

                         (PIPELINE SAFETY FUND)

                     (INCLUDING TRANSFER OF FUNDS)

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

                       HAZARDOUS MATERIALS SAFETY

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

                            PIPELINE SAFETY

                         (PIPELINE SAFETY FUND)

                    (OIL SPILL LIABILITY TRUST FUND)

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

                     EMERGENCY PREPAREDNESS GRANTS

                     (EMERGENCY PREPAREDNESS FUND)

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

   ADMINISTRATIVE PROVISION--PIPELINE AND HAZARDOUS MATERIALS SAFETY 
                             ADMINISTRATION

                    COST RECOVERY FOR DESIGN REVIEWS

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

           Research and Innovative Technology Administration

                        RESEARCH AND DEVELOPMENT

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

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

                      Office of Inspector General

                         SALARIES AND EXPENSES

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

                      Surface Transportation Board

                         SALARIES AND EXPENSES

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

            General Provisions--Department of Transportation

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

         TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

      The conference agreement includes $1,331,500,000 for the 
salaries and expenses to the Department, and modifies language 
proposed by the House and Senate. Through a modified structure, 
funding is included under the headings ``Administration, 
Operations and Management'' and ``Program Office Salaries and 
Expenses''. The conferees expect the Department to use this 
account structure in presenting the fiscal year 2013 budget 
justification and all future budgets.
      The conference agreement includes language as proposed by 
the House that requires detailed budget justifications for each 
office within the Department, including an organizational chart 
for each operating area within the Department. Further, these 
justifications must include a detailed justification for 
existing staff, the incremental funding increases, decreases 
and FTE fluctuations being requested by program, project or 
activity. The conferees also reiterate that information 
requested in the Senate report should also be included in 
budget documents.
      The conference agreement includes a provision that 
requires that the Department modify and improve its Resource 
Estimation and Allocation Program (REAP) or other resource 
allocation model to improve its assessment of staffing needs 
and full-time equivalent (FTE) allocations. The provision also 
requires that beginning with the fiscal year 2014 congressional 
justification, budget estimates for existing staff and new 
staff requests shall be submitted to the Committees on 
Appropriations using a current, updated or new resource 
estimation and allocation model.
      To facilitate the use of a resource estimation and 
allocation model for future budget estimates and submissions, 
the conferees request that the Government Accountability Office 
(GAO) review the current REAP model to evaluate its capability 
to produce reliable data on full-time equivalent allocations 
and utilization for specific programs, and identify information 
gaps and other challenges. The conferees also request that GAO 
test the revised REAP or new resource estimation and allocation 
model, comparing it to actual FTE allocations in select 
Departmental programs. This GAO study and any recommendations 
resulting from the study should form the basis for the fiscal 
year 2014 budget submission. The conferees request that GAO 
also assess the Department's ongoing efforts to improve 
staffing and departmental management.
      The conferees reiterate House direction on staffing 
reporting requirements.
      The conferees direct HUD to provide one month prior 
notice of office, program or activity reorganizations.

               Administration, Operations, and Management

      The conference agreement provides $537,789,000 for 
Management and Operations, instead of $494,739,000 as proposed 
by the House and $549,499,000 as proposed by the Senate. Funds 
are provided as follows:

Immediate Office of the Secretary.............................$3,572,000
Office of the Deputy Secretary and the Chief Operating Officer 1,200,000
Office of Hearings and Appeals................................ 1,700,000
Office of Small and Disadvantaged Business Utilization........   741,000
Office of Congressional and Intergovernmental Relations....... 2,400,000
Office of Public Affairs...................................... 3,515,000
Office of Departmental Operations and Coordination............10,475,000
Office of Field Policy and Management.........................47,500,000
Office of the Chief Procurement Officer.......................14,700,000
Office of the Chief Financial Officer.........................47,980,000
Office of the General Counsel.................................94,000,000
Office of Equal Employment Opportunity........................ 3,610,000
Center for Faith-Based and Community Initiatives.............. 1,448,000
Office of Sustainable Housing and Communities................. 2,627,000
Office of Strategic Planning and Management................... 5,000,000
Office of the Chief Information Officer.......................41,885,000
Office of the Chief Human Capital Officer....................255,436,000

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

                  Program Office Salaries and Expenses

                       PUBLIC AND INDIAN HOUSING

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

                   COMMUNITY PLANNING AND DEVELOPMENT

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

                                HOUSING

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

                    POLICY DEVELOPMENT AND RESEARCH

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

                   FAIR HOUSING AND EQUAL OPPORTUNITY

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

            OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

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

                    Rental Assistance Demonstration

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

                       Public and Indian Housing

                     TENANT-BASED RENTAL ASSISTANCE

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

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

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

                        HOUSING CERTIFICATE FUND

                              (RESCISSION)

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

                      PUBLIC HOUSING CAPITAL FUND

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

                     PUBLIC HOUSING OPERATING FUND

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

                    CHOICE NEIGHBORHOODS INITIATIVE

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

                  NATIVE AMERICAN HOUSING BLOCK GRANTS

      The conference agreement provides $650,000,000 for the 
Native American Housing Block Grants, as proposed by the 
Senate. These funds will remain available for obligation by HUD 
until September 30, 2016. When combined with a standard five-
year contract term, tribes will have approximately ten years to 
spend these funds. The conference agreement directs HUD to 
notify grantees of the availability of funds within 60 days of 
enactment of this Act.
      Timely Expenditure of Funds.--The conferees find it 
unconscionable that while there is significant need for 
affordable housing in Indian country, some tribes and TDHEs 
have not spent large amounts of block grant funding for several 
years, resulting in large accumulated balances and reduced 
housing activities on tribal lands. For this reason, the 
conferees provide a time limit for this funding and strongly 
urge tribes to address housing needs in a timely manner.
      The conferees note this account had nearly $1,000,000,000 
in unexpended balances at the beginning of fiscal year 2011, 
with almost half of that amount belonging to a single tribe. 
This tribe currently has over $375,000,000 in unexpended funds, 
with funds dating back twelve fiscal years, and a HUD official 
testified this tribe was unresponsive to HUD's encouragement to 
address the backlog. Such large accumulated balances and 
decade-old unexpended funds call into question the present need 
for funding in this account. In times of scarce federal 
funding, all accounts come under closer scrutiny. It is in the 
interest of all 555 tribes that receive these grants to reduce 
the unexpended balances and to demonstrate current need through 
use of these funds.
      GAO Study of Tribal Housing Challenges.--The conferees 
realize there are significant and unique challenges associated 
with tribal housing, many of which are not within the control 
of tribes. For this reason, the conferees direct GAO to study 
the unique barriers and challenges in tribal housing 
activities.
      Technical Assistance.--Of the funds provided, the 
conference agreement includes $2,000,000 to support inspection 
of Indian housing units, contract expertise, training, and 
technical assistance by HUD. The conferees direct HUD to 
provide valuable assistance to tribes, especially those with 
capacity challenges and those receiving small grant awards. 
Such assistance should reflect the unique needs and culture of 
Native Americans and include services necessary to improve data 
collection and increase leveraging.
      In addition, the conference agreement includes $2,000,000 
for national or regional organizations representing Native 
American housing interests to provide training and technical 
assistance to Indian housing authorities and tribally 
designated housing entities. The conferees intend these funds 
to be distributed through a competitive process.
      The conference agreement does not include a requirement 
for HUD's Office of Policy Development and Research to submit a 
report to the House and Senate Committees on Appropriations 
proposing alternative data sources for the block grant formula, 
as proposed by the House.

                  NATIVE HAWAIIAN HOUSING BLOCK GRANT

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

           INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

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

      NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

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

                   Community Planning and Development

              HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

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

                       COMMUNITY DEVELOPMENT FUND

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

         COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

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

                  HOME INVESTMENT PARTNERSHIPS PROGRAM

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

        SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

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

                           CAPACITY BUILDING

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

                       HOMELESS ASSISTANCE GRANTS

                     (INCLUDING TRANSFER OF FUNDS)

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

                            Housing Programs

                    PROJECT-BASED RENTAL ASSISTANCE

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

                        HOUSING FOR THE ELDERLY

      The conference agreement provides $374,627,000 for the 
section 202 program, instead of $600,000,000 as proposed by the 
House and $369,627,000 as proposed by the Senate. The 
conference agreement provides that up to $91,000,000 shall be 
for service coordinators and existing congregate service grants 
as proposed by the Senate, and up to $25,000,000 shall be for 
the conversion of eligible projects to assisted living or 
emergency capital repairs as proposed by the House. The 
conference agreement does not include funds for new 
construction.

                 HOUSING FOR PERSONS WITH DISABILITIES

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

                     HOUSING COUNSELING ASSISTANCE

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

                    OTHER ASSISTED HOUSING PROGRAMS

                       RENTAL HOUSING ASSISTANCE

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

                            RENT SUPPLEMENT

                              (RESCISSION)

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

            PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

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

                     Federal Housing Administration

               MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

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

                GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

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

                Government National Mortgage Association

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT

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

                    Policy Development and Research

                        RESEARCH AND TECHNOLOGY

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

                   Fair Housing and Equal Opportunity

                        FAIR HOUSING ACTIVITIES

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

            Office of Healthy Homes and Lead Hazard Control

                         LEAD HAZARD REDUCTION

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

                          Working Capital Fund

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

                      Office of Inspector General

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

                       TRANSFORMATION INITIATIVE

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

    General Provisions--Department of Housing and Urban Development

              (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

      Section 201 splits overpayments evenly between Treasury 
and State HFAs, as proposed by the House and Senate.
      Section 202 precludes the use of funds to prosecute or 
investigate legal activities under the Fair Housing Act, as 
proposed by the House and Senate.
      Section 203 continues language to correct anomalies for 
HOPWA and specifies jurisdictions in New York and New Jersey 
and uses three year average, as proposed by the House and 
Senate.
      Section 204 requires that funds are to be subject to 
competition unless specified otherwise in statute, as proposed 
by the House and Senate.
      Section 205 allows HUD to use funds for services to 
reimburse the Government National Mortgage Association (GNMA), 
Fannie Mae and other Federal entities for facilities as 
proposed by the House and Senate.
      Section 206 requires HUD to comport with the budget 
estimates except as otherwise provided in this Act or through 
an approved reprogramming, as proposed by the House and Senate.
      Section 207 provides authorization for HUD corporations 
to utilize funds under certain conditions and restrictions, as 
proposed by the House and Senate.
      Section 208 requires a report on unexpended balances each 
quarter, as proposed by the House and Senate.
      Section 209 specifies the distribution of AIDS funds to 
New Jersey and North Carolina, as proposed by the House and 
Senate.
      Section 210 requires that the Administration's budget and 
the Department's budget justifications for fiscal year 2013 
shall be submitted in the identical account and sub-account 
structure provided in this Act, as proposed by the House and 
Senate.
      Section 211 exempts PHA Boards in Alaska, Iowa, and 
Mississippi and the County of Los Angeles from public housing 
resident representation requirements, as proposed by the House 
and Senate.
      Section 212 authorizes HUD to transfer debt and use 
agreements from an obsolete project to a viable project, 
provided that no additional costs are incurred, and other 
conditions are met, as proposed by the Senate. Similar language 
was proposed by the House.
      Section 213 distributes Native American Housing Block 
Grant funds to the same Native Alaskan recipients as 2005, as 
proposed by the House and Senate.
      Section 214 prohibits the HUD Inspector General from 
changing the basis on which the audit of GNMA is conducted, as 
proposed by the House and Senate.
      Section 215 modifies a provision proposed by the House 
and Senate on the requirements for eligibility for Section 8 
voucher assistance, and includes a consideration for persons 
with disabilities.
      Section 216 authorizes the Secretary to insure mortgages 
under Section 255(g) of the National Housing Act, as proposed 
by the House and Senate.
      Section 217 instructs HUD on managing and disposing of 
any multifamily property that is owned by HUD, similar to what 
was proposed by the House and Senate.
      Section 218 provides that the Secretary shall report 
quarterly on HUD's use of all sole source contracts, as 
proposed by the House and Senate.
      Section 219 authorizes the Secretary to waive certain 
requirements on adjusted income for certain assisted living 
projects for counties in Michigan, as proposed by the Senate.
      Section 220 continues to allow the recipient of a section 
202 grant to establish a single-asset non-profit entity to own 
the project and may lend the grant funds to such entity, as 
proposed by the House and Senate.
      Section 221 continues to allow amounts provided under the 
Section 108 loan guarantee program to be used to guarantee 
notes, as proposed by the House.
      Section 222 extends the HOPE VI program until 2012, as 
proposed by the Senate.
      Section 223 allows PHAs that own and operate 400 units or 
fewer of public housing to be exempt from asset management 
requirements, as proposed by the House and Senate.
      Section 224 restricts the Secretary from imposing any 
requirement or guideline relating to asset management that 
restricts or limits the use of capital funds for central office 
costs, up to the limit established in QWHRA, as proposed by the 
House and Senate.
      Section 225 directs that no employee shall be designated 
as an allotment holder unless the CFO determines that they have 
received training, and that the CFO shall ensure that trained 
allotment holders are designated within 90 days of enactment, 
as proposed by the House and Senate.
      Section 226 requires that the Secretary shall report 
quarterly on the status of all Project-Based Section 8 housing, 
as proposed by the House and Senate.
      Section 227 provides that funding for indemnities is 
limited to non-programmatic litigation, as proposed by the 
House and Senate.
      Section 228 provides that the Secretary shall publish all 
NOFAs on the Internet, as proposed by the House and Senate.
      Section 229 modifies the reprogramming guidelines for the 
Administration, Operations and Management account, the Program 
Office Salaries and Expenses account, and transfers between the 
two.
      Section 230 continues the provision that allows the 
Disaster Housing Assistance Program to be considered a program 
of HUD for the purpose of income verification, as proposed by 
the House and Senate.
      Section 231 modifies a provision to require the 
Comptroller General to conduct a study of CPD block grants, as 
proposed by the House.
      Section 232 requires the Secretary to improve data 
quality, data management, and grantee oversight and 
accountability at the Office of Community Planning and 
Development, as proposed by the House.
      Section 233 allows the Secretary to transfer up to 
$10,000,000 of salaries and expenses funds to the ``Working 
Capital Fund'' as proposed by the Senate.
      Section 234 modifies a provision that limits Section 8 
(tenant-based rental assistance only) and Section 9 funds from 
being used to compensate PHA employee salaries that exceed the 
annual rate of basic pay payable for a position at level IV of 
the Executive Schedule for fiscal year 2012.
      Section 235 strikes the ``Flexible Subsidy Fund'' 
provision from Title II of division I of Public Law 108-447 and 
title III of Public Law 109-115, as proposed by the Senate.
      Section 236 modifies a provision proposed by the Senate 
to rescind $650,000,000 from the advance appropriation provided 
for Tenant-Based Rental Assistance in fiscal year 2011.
      Section 237 extends the Mark-to-Market program under the 
Multifamily Assisted Housing Reform and Affordability Act until 
October 1, 2015, as proposed by the Senate.
      Section 238 raises the FHA loan limits through December 
31, 2013, modifying a provision proposed by the Senate.
      Section 239 provides that up to $300,000,000 of the funds 
provided for the Community Development Fund plus an additional 
$100,000,000 in disaster funds shall be available for disaster 
relief.

                      TITLE III--RELATED AGENCIES

                              Access Board

                         SALARIES AND EXPENSES

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

                      Federal Maritime Commission

                         SALARIES AND EXPENSES

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

  National Railroad Passenger Corporation Office of Inspector General

                         SALARIES AND EXPENSES

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

                  National Transportation Safety Board

                         SALARIES AND EXPENSES

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

                 Neighborhood Reinvestment Corporation

          PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

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

           United States Interagency Council on Homelessness

                           OPERATING EXPENSES

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

                 TITLE IV--GENERAL PROVISIONS, THIS ACT

      Section 401 continues the provision as proposed by the 
House and the Senate requiring pay raises to be funded within 
appropriated levels in this Act or previous Appropriations 
Acts.
      Section 402 continues the provision as proposed by the 
House and the Senate prohibiting pay and other expenses for 
non-Federal parties in regulatory or adjudicatory proceedings 
funded in this Act.
      Section 403 continues the provision as proposed by the 
House and the Senate prohibiting obligations beyond the current 
fiscal year and prohibits transfers of funds unless expressly 
so provided herein.
      Section 404 continues the provision as proposed by the 
House and the Senate requiring consulting service expenditures 
of public record in procurement contracts.
      Section 405 continues the provision as proposed by the 
House and the Senate specifying reprogramming procedures by 
subjecting the establishment of new offices and reorganizations 
to the reprogramming process.
      Section 406 continues the provision as proposed by the 
Senate providing that fifty percent of unobligated S&E balances 
may remain available for certain purposes.
      Section 407 continues the provision as proposed by the 
House and the Senate requiring agencies and departments funded 
herein to report on sole source contracts.
      Section 408 continues the provision as proposed by the 
House and the Senate prohibiting Federal training not directly 
related to the performance of official duties.
      Section 409 continues the provision as proposed by the 
House and the Senate that prohibits funds from being used for 
any project that seeks to use the power of eminent domain 
unless eminent domain is employed only for a public use.
      Section 410 continues a provision as proposed by the 
House and the Senate that denies the transfer of funds made 
available in this Act to any instrumentality of the United 
States Government except as authorized by this Act or any other 
Appropriations Act.
      Section 411 continues a provision as proposed by the 
House and the Senate that prohibits funds in this Act from 
being used to permanently replace an employee intent on 
returning to his past occupation after completion of military 
service.
      Section 412 continues a provision as proposed by the 
House and the Senate that prohibits funds in this Act from 
being used unless the expenditure is in compliance with the Buy 
American Act.
      Section 413 continues a provision as proposed by the 
House and the Senate that prohibits funds from being 
appropriated or made available to any person or entity that has 
been found to violate the Buy American Act.
      Section 414 prohibits funds for first-class airline 
accommodations in contravention of section 301-10.122 and 301-
10.123 of title 41 CFR as proposed by the House.
      Section 415 prohibits funds in this Act from going to the 
group ACORN or its subsidiaries as proposed by the House and 
Senate.
      Section 416 requires all agencies and departments funded 
in this Act to report vehicle fleet inventory and associated 
costs to Congress at the end of fiscal year 2012. 


          DIVISION D--FURTHER CONTINUING APPROPRIATIONS, 2012

      The conference agreement includes an extension of 
continuing appropriations for fiscal year 2012 through December 
16, 2011. No new continuing resolution anomalies are included.
      The conferees direct the Department of Defense to 
continue to carry out, for the duration of the continuing 
resolution, the counternarcotics programs conducted in fiscal 
year 2011 and reauthorized in the National Defense 
Authorization Act for Fiscal Year 2012 as passed by the House 
of Representatives (Sections 1011, 1012, and 1014) and reported 
by the Senate Committee on Armed Services (Sections 1011, 1014, 
and 1015).

                                   Harold Rogers,
                                   C.W. Bill Young,
                                   Jerry Lewis,
                                   Frank R. Wolf,
                                   Jack Kingston,
                                   Tom Latham,
                                   Robert B. Aderholt,
                                   Jo Ann Emerson,
                                   John Abney Culberson,
                                   John R. Carter,
                                   Jo Bonner,
                                   Steven C. LaTourette,
                                   Norman D. Dicks,
                                   Rosa L. DeLauro,
                                   John W. Olver,
                                   Ed Pastor,
                                   David E. Price,
                                   Sam Farr,
                                   Chaka Fattah,
                                   Adam B. Schiff,
                                 Managers on the Part of the House.

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

                                  
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