PUBLIC LAW 112–55—NOV. 18, 2011 

CONSOLIDATED AND FURTHER CONTINUING 

APPROPRIATIONS ACT, 2012 


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125 STAT. 552 PUBLIC LAW 112–55—NOV. 18, 2011 

Public Law 112–55 

112th Congress 

An Act 

Making consolidated appropriations for the Departments of Agriculture, Commerce, 

Justice, Transportation, and Housing and Urban Development, and related programs for the fiscal year ending September 30, 2012, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Consolidated and Further Continuing Appropriations Act, 2012’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of appropriations. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 

ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 

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

APPROPRIATIONS ACT, 2012 

DIVISION C—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 

DIVISION D—FURTHER CONTINUING APPROPRIATIONS, 2012 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ contained in any division of this Act shall be treated as 

referring only to the provisions of that division. 

SEC. 4. STATEMENT OF APPROPRIATIONS. 

The following sums in this Act are appropriated, out of any 

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2012. 

1 USC 1 note. 

Consolidated and 

Further 

Continuing 

Appropriations 

Act, 2012. 

Nov. 18, 2011 

[H.R. 2112] 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 553 

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. 

Agriculture, 

Rural 

Development, 

Food and Drug 

Administration, 

and Related 

Agencies 

Appropriations 

Act, 2012. 


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125 STAT. 554 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 

Reports. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 555 

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 

Deadline. 

Notification. 


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125 STAT. 556 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Maryland. 

7 USC 2254. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 557 

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 postsecondary 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 

Grants. 

Deadline. 


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125 STAT. 558 PUBLIC LAW 112–55—NOV. 18, 2011 

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 SmithLever 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. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 559 

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 


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125 STAT. 560 PUBLIC LAW 112–55—NOV. 18, 2011 

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). 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 561 

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. 

Notification. 

Notification. 


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125 STAT. 562 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Employment 

positions. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 563 

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 

Notification. 

Deadline. 

Pink Bollworm. 


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125 STAT. 564 PUBLIC LAW 112–55—NOV. 18, 2011 

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). 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 565 

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 


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125 STAT. 566 PUBLIC LAW 112–55—NOV. 18, 2011 

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 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 567 

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 

Vouchers. 

Loans. 

Applicability. 

Time period. 

Time period. 


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125 STAT. 568 PUBLIC LAW 112–55—NOV. 18, 2011 

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 multifamily 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 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 569 

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. 

Grants. 

Grants. 


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125 STAT. 570 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 

Grants. 

Grants. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 571 

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 


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125 STAT. 572 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 

Grants. 

Grants. 

Contracts. 

Grants. 

Loans. 

Grants. 

Hawaii. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 573 

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. 

Grants. 


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125 STAT. 574 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

7 USC 612c–6. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 575 

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. 

Workfare. 


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125 STAT. 576 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 

Notification. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 577 

COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT

GUARANTEE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit 

Corporation’s export guarantee program, GSM 102 and GSM 103, 

$6,820,000; to cover common overhead expenses as permitted by 

section 11 of the Commodity Credit Corporation Charter Act and 

in conformity with the Federal Credit Reform Act of 1990, of which 

$6,465,000 shall be transferred to and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and 

of which $355,000 shall be transferred to and merged with the 

appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

For necessary expenses to carry out the provisions of section 

3107 of the Farm Security and Rural Investment Act of 2002 

(7 U.S.C. 1736o–1), $184,000,000, to remain available until 

expended: Provided, That the Commodity Credit Corporation is 

authorized to provide the services, facilities, and authorities for 

the purpose of implementing such section, subject to reimbursement 

from amounts provided herein. 

TITLE VI 

RELATED AGENCIES AND FOOD AND DRUG 

ADMINISTRATION 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration, 

including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 

92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose 

space in the District of Columbia or elsewhere; for miscellaneous 

and emergency expenses of enforcement activities, authorized and 

approved by the Secretary and to be accounted for solely on the 

Secretary’s certificate, not to exceed $25,000; and notwithstanding 

section 521 of Public Law 107–188; $3,788,336,000: Provided, That 

of the amount provided under this heading, $702,172,000 shall 

be derived from prescription drug user fees authorized by 21 U.S.C. 

379h shall be credited to this account and remain available until 

expended, and shall not include any fees pursuant to 21 U.S.C. 

379h(a)(2) and (a)(3) assessed for fiscal year 2013 but collected 

in fiscal year 2012; $57,605,000 shall be derived from medical 

device user fees authorized by 21 U.S.C. 379j, and shall be credited 

to this account and remain available until expended; $21,768,000 

shall be derived from animal drug user fees authorized by section 

740 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j– 

12), and shall be credited to this account and remain available 


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125 STAT. 578 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Fees. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 579 

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, 


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125 STAT. 580 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 

Notification. 

Notification. 

Notification. 


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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 CFR 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 

Notification. 


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125 STAT. 582 PUBLIC LAW 112–55—NOV. 18, 2011 

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 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 583 

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; 

Rescission. 

Federal Register, 

publication. 

Regulations. 

Deadlines. 


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125 STAT. 584 PUBLIC LAW 112–55—NOV. 18, 2011 

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 Act of 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 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 585 

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 reforested 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; 

Notifications. 

Deadlines. 

Rescission. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
125 STAT. 586 PUBLIC LAW 112–55—NOV. 18, 2011 

(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. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 587 

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. 

Deadline. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
125 STAT. 588 PUBLIC LAW 112–55—NOV. 18, 2011 

‘‘(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 

News stories. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 589 

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 

School lunches. 

Certification. 


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125 STAT. 590 PUBLIC LAW 112–55—NOV. 18, 2011 

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 lowincome 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 

7 USC 2009d 

note. 

School lunches. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 591 

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 

Applicability. 

Commerce, 

Justice, Science, 

and Related 

Agencies 

Appropriations 

Act, 2012. 

Department of 

Commerce 

Appropriations 

Act, 2012. 

Waiver authority. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
125 STAT. 592 PUBLIC LAW 112–55—NOV. 18, 2011 

(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 

Applicability. 


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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 develop- ment 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, pre- paring, 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 


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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 

Spending plan. 


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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. 


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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 

Grants. 

15 USC 1513b 

note. 

Budget estimate. 


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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. 

Guidelines. 

Budget estimate. 


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125 STAT. 598 PUBLIC LAW 112–55—NOV. 18, 2011 

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). 

Certification. 

Establishment. 

Reports. 


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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 

Deadlines. 

Definitions. 

33 USC 878a. 

Notification. 

Deadlines. 


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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. 

Reports. 

Reports. 

Contracts. 

Determination. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 601 

(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 

Reports. 

Notifications. 

Determination. 

Notifications. 


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125 STAT. 602 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

16 USC 1861 

note. 

16 USC 1861 

note. 

16 USC 1456a 

note. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 603 

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. 

Termination 

date. 

Recommendations. 

Fish and fishing. 

Maritime affairs. 

Deadline. 

Reports. 


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125 STAT. 604 PUBLIC LAW 112–55—NOV. 18, 2011 

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 Depart- ment 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 

Department of 

Justice 

Appropriations 

Act, 2012. 


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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: 


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Provided, That notwithstanding any other provision of law, fees 

collected for premerger notification filings under the Hart-ScottRodino 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 appro- priated, 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 

Establishment. 

Human 

trafficking. 


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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 


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125 STAT. 608 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 


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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 

18 USC 923 note. 

18 USC 923 note. 


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125 STAT. 610 PUBLIC LAW 112–55—NOV. 18, 2011 

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 govern42 USC 250a. ments, $6,551,281,000: Provided, That the Attorney General may 

18 USC 923 note. 


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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. 


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125 STAT. 612 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Grants. 


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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 

Establishment. 


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125 STAT. 614 PUBLIC LAW 112–55—NOV. 18, 2011 

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, 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 615 

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; 


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(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. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 617 

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. 


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125 STAT. 618 PUBLIC LAW 112–55—NOV. 18, 2011 

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, 

Waiver authority. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 619 

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 

Prisons and 

prisoners. 

Investigations. 

Applicability. 

28 USC 533 note. 

Project extension. 

5 USC 3104 note. 

Abortion. 

Abortion. 

Abortion. 


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125 STAT. 620 PUBLIC LAW 112–55—NOV. 18, 2011 

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’’— 

Assessment. 

Deadline. 

Reports. 

Applicability. 

Certification. 

Prisons and 

prisoners. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 621 

(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 

Audits. 

Firearms. 

Determination. 

Waiver authority. 


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125 STAT. 622 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 

Determination. 

Notification. 

Implementation. 

51 USC 20305 

note. 

Science 

Appropriations 

Act, 2012. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 623 

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 

Certification. 


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125 STAT. 624 PUBLIC LAW 112–55—NOV. 18, 2011 

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; 


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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 

Budget estimate. 

51 USC 30103 

note. 

Contracts. 

Time period. 

51 USC 20145 

note. 


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125 STAT. 626 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 

Notification. 


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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 


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125 STAT. 628 PUBLIC LAW 112–55—NOV. 18, 2011 

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 NonDiscrimination Act (GINA) of 2008 (Public Law 110–233), the ADA 

Effective date. 

5 USC app. 8G 

note. 


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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 

Applicability. 

Notification. 


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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 

Notification. 

Deadline. 

Contracts. 


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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, 

Deadlines. 

Reports. 

Religious 

harrassment. 

42 USC 2000e–12 

note. 


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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. 

Discrimination. 

42 USC 10601 

note. 

Firearms. 

18 USC 922 note. 

Tobacco and 

tobacco products. 

Transfer 

authority. 


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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 

Certification. 

Public 

information. 

Web posting. 

Audits. 

Reports. 

Deadlines. 

Firearm traces. 


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125 STAT. 634 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Exports and 

imports. 

Firearms. 

Canada. 

Torture. 

Effective date. 

Determination. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 635 

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 

Notification. 

Deadline. 

National security 

letters. 

Firearms. 

Termination. 

President. 

Determination. 

Federal Register, 

publication. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
125 STAT. 636 PUBLIC LAW 112–55—NOV. 18, 2011 

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; 

Deadlines. 

Contracts. 

Grants. 

Certification. 

Web posting. 

5 USC app. 8L 

note. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 637 

(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 

Khalid Sheikh 

Mohammed. 

Detainees. 

Cuba. 

Reports. 


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125 STAT. 638 PUBLIC LAW 112–55—NOV. 18, 2011 

(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 

Spending plans. 

Deadline. 

Light bulbs. 

ACORN. 

Cuba. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 639 

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 

Firearms. 

Deadline. 

Reports. 

Deadline. 

Certification. 

Applicability. 

China. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
125 STAT. 640 PUBLIC LAW 112–55—NOV. 18, 2011 

(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’’. 

Regulations. 

Deadline. 

Reports. 

Corporation. 

Corporation. 

Pornography. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 641 

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, 

Grants. 

Notification. 

Transfer 

authority. 

Transportation, 

Housing and 

Urban 

Development, 

and Related 

Agencies 

Appropriations 

Act, 2012. 

Department of 

Transportation 

Appropriations 

Act, 2012. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
125 STAT. 642 PUBLIC LAW 112–55—NOV. 18, 2011 

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 reengineering 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 

Competition. 

Compliance. 

Grants. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 643 

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. 

Notification. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
125 STAT. 644 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Transit benefit. 

Assessments. 

Contracts. 

Notice. 

Time period. 

49 USC 41742 

note. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 645 

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 Deadlines. 

Reports. 

49 USC 44506 

note. 

Deadline. 

Reports. 

Web posting. 

Records. 

Contracts. 


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125 STAT. 646 PUBLIC LAW 112–55—NOV. 18, 2011 

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, 

User fees. 

Fines. 

Deadlines. 

Reports. 

49 USC 44502 

note. 

Fines. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 647 

$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, 

Investment plan. 


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125 STAT. 648 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 

Premium pay. 

Explosive 

detection 

systems. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 649 

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. 

New Jersey. 

Retention 

bonuses. 

Apportionment. 

Determination. 


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125 STAT. 650 PUBLIC LAW 112–55—NOV. 18, 2011 

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 Federalaid 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 Extension. 

23 USC 104 note. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 651 

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 Federalaid 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; section 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 Federalaid highways, less the aggregate amounts not distributed under 

23 USC 104 note. 


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125 STAT. 652 PUBLIC LAW 112–55—NOV. 18, 2011 

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 Federalaid 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 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 653 

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 TRANSPOR- TATION 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 

Determination. 

Deadline. 


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125 STAT. 654 PUBLIC LAW 112–55—NOV. 18, 2011 

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 Federalaid 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 Federalaid 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. 

Deadline. 

Reports. 

Study. 

Texas. 

Reports. 

Deadlines. 

Notice. 

Comment period. 

23 USC 313 note. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 655 

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. 

Reports. 

Deadline. 

Applicability. 

Expiration date. 


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125 STAT. 656 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Reports. 

Deadline. 

Audits. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 657 

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 


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125 STAT. 658 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 659 

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 

Deadline. 

Electronic 

submission. 

Budget. 

Plans. 

Reports. 

Loans. 


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125 STAT. 660 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Budget request. 

Plans. 

Web posting. 

Deadlines. 

Electronic 

submission. 

Reports. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 661 

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 parttime 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 

Waiver authority. 


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125 STAT. 662 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Deadline. 

Reports. 

Notification. 

Deadline. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 663 

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 

Deadline. 

Transfer 

authority. 

Determination. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
125 STAT. 664 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 

Expenditure 

authority. 

Contracts. 

Contracts. 

Vessels. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 665 

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses for operations, maintenance, and capital 

asset renewal of those portions of the St. Lawrence Seaway owned, 

operated, and maintained by the Saint Lawrence Seaway Development Corporation, $32,259,000, to be derived from the Harbor 

Maintenance Trust Fund, pursuant to Public Law 99–662. 

MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag 

merchant fleet to serve the national security needs of the United 

States, $174,000,000, to remain available until expended. 

OPERATIONS AND TRAINING

(INCLUDING RESCISSION)

For necessary expenses of operations and training activities 

authorized by law, $156,258,000, of which $11,100,000 shall remain 

available until expended for maintenance and repair of training 

ships at State Maritime Academies, and of which $2,400,000 shall 

remain available through September 30, 2013 for Student Incentive 

Program payments at State Maritime Academies, and of which 

$22,900,000 shall remain available until expended for facilities 

maintenance and repair, equipment, and capital improvements at 

the United State Merchant Marine Academy: Provided, That 

amounts apportioned for the United States Merchant Marine 

Academy shall be available only upon allotments made personally 

by the Secretary of Transportation or the Assistant Secretary for 

Budget and Programs: Provided further, That the Superintendent, 

Deputy Superintendent and the Director of the Office of Resource 

Management of the United State Merchant Marine Academy may 

not be allotment holders for the United States Merchant Marine 

Academy, and the Administrator of the Maritime Administration 

shall hold all allotments made by the Secretary of Transportation 

or the Assistant Secretary for Budget and Programs under the 

previous proviso: Provided further, That 50 percent of the funding 

made available for the United States Merchant Marine Academy 

under this heading shall be available only after the Secretary, 

in consultation with the Superintendent and the Maritime Administrator, completes a plan detailing by program or activity how such 

funding will be expended at the Academy, and this plan is submitted 

to the House and Senate Committees on Appropriations: Provided 

further, That of the prior year unobligated balances under this 

heading for information technology requirements of Public Law 

111–207, $980,000 are permanently rescinded. 

SHIP DISPOSAL

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

Expenditure 

plan. 


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125 STAT. 666 PUBLIC LAW 112–55—NOV. 18, 2011 

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. § 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 

Determination. 

List. 

Contracts. 

Contracts. 

Grants. 

Deadlines. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 667 

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. 

Grants. 


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125 STAT. 668 PUBLIC LAW 112–55—NOV. 18, 2011 

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 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 669 

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 dollarfor-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; 

Grants. 

Notification. 

Deadline. 

Appointees. 


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125 STAT. 670 PUBLIC LAW 112–55—NOV. 18, 2011 

(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 

Deadline. 

Notification. 

Notification. 

Notification. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 671 

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, postmounted, 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’’. 

Fees. 


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125 STAT. 672 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Budget 

justification. 

Department of 

Housing and 

Urban 

Development 

Appropriations 

Act, 2012. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 673 

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 McKinneyVento 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 

Transfer 

authority. 

Contracts. 

Reports. 

Electronic 

submission. 

Deadlines. 

Notification. 


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125 STAT. 674 PUBLIC LAW 112–55—NOV. 18, 2011 

‘‘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 

Federal Register, 

publication. 

Notice. 

Deadline. 

Waiver authority. 

Public comment. 

Criteria. 

Deadline. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 675 

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. 

Study. 

Waiver authority. 

Vouchers. 

Assessment. 

Publication. 

Transfer 

authority. 


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125 STAT. 676 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Time period. 

Notification. 

Deadline. 

Notice. 

Federal Register, 

publication. 

Vouchers. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 677 

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, HUDheld 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. 

Vouchers. 


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125 STAT. 678 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Waiver authority. 

Vouchers. 

Guidelines. 

Deadline. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 679 

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, 

Definition. 

Contract 

authority. 

Cancellation. 

Notification. 

Deadline. 

Deadline. 

Vouchers. 


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125 STAT. 680 PUBLIC LAW 112–55—NOV. 18, 2011 

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 pro- vided 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 

Notification. 

Appeal process. 

Bonus awards. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 681 

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 singlerace census data and with the need component based on multirace 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 

Contracts. 

Applicability. 

Guidelines. 

Publication. 

Consultation. 


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125 STAT. 682 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Notification. 

Deadline. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 683 

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 

Notification. 

Deadline. 

Grants. 

Native 

Americans. 

Grants. 

Notification. 

Deadline. 

Contracts. 


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125 STAT. 684 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 

Notification. 

Deadline. 

Deadline. 

Deadline. 

Determination. 

Repayment. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 685 

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 Welfareto-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. 

Notification. 

Deadline. 

Contracts. 

Deadlines. 


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125 STAT. 686 PUBLIC LAW 112–55—NOV. 18, 2011 

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 projectbased 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 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 687 

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 CranstonGonzalez 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 

Grants. 

Deadline. 

Waiver authority. 

Time period. 

Waiver authority. 

Time period. 

Grants. 


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125 STAT. 688 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 689 

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 


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125 STAT. 690 PUBLIC LAW 112–55—NOV. 18, 2011 

$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. 

Lobbying. 

Compliance. 

Contracts. 

Fees. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 691 

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 

Expenditure 

plan. 

Certification. 

Notice. 


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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 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 693 

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 

Time period. 

New Jersey. 

Grants. 

AIDS. 


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125 STAT. 694 PUBLIC LAW 112–55—NOV. 18, 2011 

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, DelawareMaryland-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 

AIDS. 

New Jersey. 

Deadlines. 

Reports. 

Budget. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 695 

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 

Transfer 

authority. 

Meetings. 

State listing. 

Budget. 

North Carolina. 


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125 STAT. 696 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Records. 

Contracts. 

Waiver authority. 

Determination. 

Notification. 

Consultation. 

Certification. 

Standards. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 697 

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 projectbased 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. 

Native Alaskans. 

Definitions. 


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125 STAT. 698 PUBLIC LAW 112–55—NOV. 18, 2011 

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 

Determination. 

Contracts. 

Audits. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 699 

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 nonentitlement 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 

Michigan. 

Determination. 

Reports. 

Deadlines. 

Contracts. 


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125 STAT. 700 PUBLIC LAW 112–55—NOV. 18, 2011 

(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 projectbased 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 lowincome 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 

Reports. 

Deadlines. 

Deadline. 

Designations. 

Allotment holder. 

Determination. 

42 USC 1437g 

note. 

Exemption. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 701 

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 

Deadline. 

Reports. 

Study. 

Transfer 

authority. 

Web posting. 

Notification. 

Federal Register, 

publication. 

42 USC 3545a. 


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125 STAT. 702 PUBLIC LAW 112–55—NOV. 18, 2011 

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). 

Time period. 

Rescissions. 

12 USC 1715z–1 

notes. 

Effective date. 

Deadline. 

Reports. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 703 

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 longterm 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’’. 

Federal Register, 

publication. 

Deadline. 

Waiver authority. 

Plans. 


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125 STAT. 704 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 

Budget request. 

Investigation 

authority. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 705 

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. 

Grants. 


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125 STAT. 706 PUBLIC LAW 112–55—NOV. 18, 2011 

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 nonFederal 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 

Reports. 

Deadline. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 707 

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 Deadline. 

Reports. 

Contracts. 

Pay raises. 


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125 STAT. 708 PUBLIC LAW 112–55—NOV. 18, 2011 

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. 

Reports. 

Deadline. 

Submission. 


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PUBLIC LAW 112–55—NOV. 18, 2011 125 STAT. 709 

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, waterrelated 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. 

Inventory 

reports. 

Deadline. 

Time period. 


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125 STAT. 710 PUBLIC LAW 112–55—NOV. 18, 2011 

LEGISLATIVE HISTORY—H.R. 2112: 

HOUSE REPORTS: Nos. 112–101 (Comm. on Appropriations) and 112–284 

(Comm. of Conference). 

SENATE REPORTS: No. 112–73 (Comm. on Appropriations). 

CONGRESSIONAL RECORD, Vol. 157 (2011): 

June 14–16, considered and passed House. 

Oct. 17–20, Nov. 1, considered and passed Senate, amended. 

Nov. 17, House and Senate agreed to conference report. 

Æ 

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’’. 

Approved November 18, 2011. 

Ante, p. 387. 


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