" ! HOUSE OF REPRESENTATIVES 

112TH CONGRESS

1st Session 

REPORT

112–284 

AGRICULTURE, RURAL DEVELOPMENT, 

FOOD AND DRUG ADMINISTRATION, AND 

RELATED AGENCIES PROGRAMS FOR THE 

FISCAL YEAR ENDING SEPTEMBER 30, 

2012, AND FOR OTHER PURPOSES 

CONFERENCE REPORT 

TO ACCOMPANY

H.R. 2112 

NOVEMBER 14, 2011.—Ordered to be printed 


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AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR 

ENDING SEPTEMBER 30, 2012, AND FOR OTHER PURPOSES 


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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

71–022 

" ! HOUSE OF REPRESENTATIVES 

112TH CONGRESS

1st Session 

REPORT

2011

112–284 

AGRICULTURE, RURAL DEVELOPMENT, 

FOOD AND DRUG ADMINISTRATION, AND 

RELATED AGENCIES PROGRAMS FOR THE 

FISCAL YEAR ENDING SEPTEMBER 30, 

2012, AND FOR OTHER PURPOSES 

CONFERENCE REPORT 

TO ACCOMPANY

H.R. 2112 

NOVEMBER 14, 2011.—Ordered to be printed 


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71–022 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–284 

AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 

ADMINISTRATION, AND RELATED AGENCIES PROGRAMS 

FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012, 

AND FOR OTHER PURPOSES 

NOVEMBER 14, 2011.—Ordered to be printed 

Mr. ROGERS of Kentucky, from the Committee of Conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 2112] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendments of the Senate to the bill (H.R. 

2112), making appropriations for Agriculture, Rural Development, 

Food and Drug Administration, and Related Agencies programs for 

the fiscal year ending September 30, 2012, and for other purposes, 

having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as 

follows: 

In lieu of the matter proposed to be inserted by the Senate 

amendment, insert the following: 

SECTION 1. SHORT TITLE. 

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

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of appropriations. 


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DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, 

FOOD AND DRUG ADMINISTRATION, AND RELATED 

AGENCIES 

TITLE I 

AGRICULTURAL PROGRAMS 

PRODUCTION, PROCESSING AND MARKETING

OFFICE OF THE SECRETARY

For necessary expenses of the Office of the Secretary of Agriculture, $4,550,000: Provided, That not to exceed $11,000 of this 

amount shall be available for official reception and representation 

expenses, not otherwise provided for, as determined by the Secretary. 

OFFICE OF TRIBAL RELATIONS

For necessary expenses of the Office of Tribal Relations, 

$448,000, to support communication and consultation activities 

with Federally Recognized Tribes, as well as other requirements established by law. 

EXECUTIVE OPERATIONS

OFFICE OF THE CHIEF ECONOMIST

For necessary expenses of the Office of the Chief Economist, 

$11,177,000. 

NATIONAL APPEALS DIVISION

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

OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program 

Analysis, $8,946,000. 

OFFICE OF HOMELAND SECURITY AND EMERGENCY COORDINATION

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

OFFICE OF ADVOCACY AND OUTREACH

For necessary expenses of the Office of Advocacy and Outreach, 

$1,209,000. 

OFFICE OF THE CHIEF INFORMATION OFFICER

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

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial Officer, $5,650,000: Provided, That no funds made available by this apVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00006 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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propriation may be obligated for FAIR Act or Circular A–76 activities until the Secretary has submitted to the Committees on Appropriations of both Houses of Congress and the Committee on Oversight and Government Reform of the House of Representatives a report on the Department’s contracting out policies, including agency 

budgets for contracting out. 

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS

For necessary expenses of the Office of the Assistant Secretary 

for Civil Rights, $848,000. 

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, 

$21,000,000. 

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

For necessary expenses of the Office of the Assistant Secretary 

for Administration, $764,000. 

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to Public Law 92–313, including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the 

Department of Agriculture under 40 U.S.C. 486, for programs and 

activities of the Department which are included in this Act, and for 

alterations and other actions needed for the Department and its 

agencies to consolidate unneeded space into configurations suitable 

for release to the Administrator of General Services, and for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $230,416,000, to remain 

available until expended, of which $164,470,000 shall be available 

for payments to the General Services Administration for rent; of 

which $13,800,000 for payment to the Department of Homeland Security for building security activities; and of which $52,146,000 for 

buildings operations and maintenance expenses: Provided, That the 

Secretary may use unobligated prior year balances of an agency or 

office that are no longer available for new obligation to cover shortfalls incurred in prior year rental payments for such agency or office: Provided further, That the Secretary is authorized to transfer 

funds from a Departmental agency to this account to recover the full 

cost of the space and security expenses of that agency that are funded by this account when the actual costs exceed the agency estimate 

which will be available for the activities and payments described 

herein. 

HAZARDOUS MATERIALS MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to 

comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the ReVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00007 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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source Conservation and Recovery Act (42 U.S.C. 6901 et seq.), 

$3,592,000, to remain available until expended: Provided, That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of 

the Department for its use in meeting all requirements pursuant to 

the above Acts on Federal and non-Federal lands. 

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

For Departmental Administration, $24,165,000, to provide for 

necessary expenses for management support services to offices of the 

Department and for general administration, security, repairs and 

alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient 

work of the Department: Provided, That this appropriation shall be 

reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 

551–558. 

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of the Assistant Secretary 

for Congressional Relations to carry out the programs funded by 

this Act, including programs involving intergovernmental affairs 

and liaison within the executive branch, $3,576,000: Provided, That 

these funds may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency 

level: Provided further, That no funds made available by this appropriation may be obligated after 30 days from the date of enactment 

of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these 

funds by USDA agency: Provided further, That no other funds appropriated to the Department by this Act shall be available to the 

Department for support of activities of congressional relations. 

OFFICE OF COMMUNICATIONS

For necessary expenses of the Office of Communications, 

$8,065,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978, 

$85,621,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private 

persons pursuant to section 6(a)(9) of the Inspector General Act of 

1978, and including not to exceed $125,000 for certain confidential 

operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to 

Public Law 95–452 and section 1337 of Public Law 97–98. 


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OFFICE OF THE GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel, 

$39,345,000. 

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

For necessary expenses of the Office of the Under Secretary for 

Research, Education and Economics, $848,000. 

ECONOMIC RESEARCH SERVICE

For necessary expenses of the Economic Research Service, 

$77,723,000. 

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics 

Service, $158,616,000, of which up to $41,639,000 shall be available 

until expended for the Census of Agriculture. 

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Agricultural Research Service and 

for acquisition of lands by donation, exchange, or purchase at a 

nominal cost not to exceed $100, and for land exchanges where the 

lands exchanged shall be of equal value or shall be equalized by a 

payment of money to the grantor which shall not exceed 25 percent 

of the total value of the land or interests transferred out of Federal 

ownership, $1,094,647,000: Provided, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: 

Provided further, That appropriations hereunder shall be available 

pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, 

the cost of constructing any one building shall not exceed $375,000, 

except for headhouses or greenhouses which shall each be limited to 

$1,200,000, and except for 10 buildings to be constructed or improved at a cost not to exceed $750,000 each, and the cost of altering 

any one building during the fiscal year shall not exceed 10 percent 

of the current replacement value of the building or $375,000, whichever is greater: Provided further, That the limitations on alterations 

contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, 

That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further, That the foregoing limitations shall not apply to replacement 

of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 

113a): Provided further, That funds may be received from any State, 

other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research 

project of the Agricultural Research Service, as authorized by law. 


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NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, 

$705,599,000, as follows: to carry out the provisions of the Hatch 

Act of 1887 (7 U.S.C. 361a–i), $236,334,000; for grants for cooperative forestry research (16 U.S.C. 582a through a–7), $32,934,000; for 

payments to eligible institutions (7 U.S.C. 3222), $50,898,000, provided that each institution receives no less than $1,000,000; for special grants (7 U.S.C. 450i(c)), $4,000,000; for competitive grants on 

improved pest control (7 U.S.C. 450i(c)), $15,830,000; for competitive grants (7 U.S.C. 450(i)(b)), $264,470,000, to remain available 

until expended; for the support of animal health and disease programs (7 U.S.C. 3195), $4,000,000; for supplemental and alternative crops and products (7 U.S.C. 3319d), $825,000; for grants for 

research pursuant to the Critical Agricultural Materials Act (7 

U.S.C. 178 et seq.), $1,081,000, to remain available until expended; 

for the 1994 research grants program for 1994 institutions pursuant 

to section 536 of Public Law 103–382 (7 U.S.C. 301 note), 

$1,801,000, to remain available until expended; for rangeland research grants (7 U.S.C. 3333), $961,000; for the veterinary medicine 

loan repayment program under section 1415A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 

U.S.C. 3151a), $4,790,000, to remain available until expended; for 

grants and fellowships for food and agricultural sciences education 

under paragraphs (1), (5), and (6) of section 1417(b) of the National 

Agricultural Research, Extension, and Teaching Policy Act of 1977 

(7 U.S.C. 3152(b)), $9,000,000, to remain available until expended; 

for an education grants program for Hispanic-serving Institutions 

(7 U.S.C. 3241), $9,219,000; for competitive grants for the purpose 

of carrying out all provisions of 7 U.S.C. 3156 to individual eligible 

institutions or consortia of eligible institutions in Alaska and in Hawaii, with funds awarded equally to each of the States of Alaska 

and Hawaii, $3,194,000; for a secondary agriculture education program and 2-year post-secondary education, (7 U.S.C. 3152(j)), 

$900,000; for aquaculture grants (7 U.S.C. 3322), $3,920,000; for 

sustainable agriculture research and education (7 U.S.C. 5811), 

$14,471,000; for a program of capacity building grants (7 U.S.C. 

3152(b)(4)) to institutions eligible to receive funds under 7 U.S.C. 

3221 and 3222, $19,336,000, to remain available until expended (7 

U.S.C. 2209b); for capacity building grants for non-land-grant colleges of agriculture (7 U.S.C. 3319i), $4,500,000, to remain available until expended; for competitive grants for policy research (7 

U.S.C. 3155), $4,000,000, which shall be obligated within 120 days 

of the enactment of this Act; for payments to the 1994 Institutions 

pursuant to section 534(a)(1) of Public Law 103–382, $3,335,000; for 

resident instruction grants for insular areas under section 1491 of 

the National Agricultural Research, Extension, and Teaching Policy 

Act of 1977 (7 U.S.C. 3363), $900,000; for distance education grants 

for insular areas under section 1490 of the National Agricultural 

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3362), $750,000; for a competitive grants program for farm business 

management and benchmarking (7 U.S.C. 5925f), $1,450,000; for a 

competitive grants program regarding biobased energy (7 U.S.C. 


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8114), $2,200,000; and for necessary expenses of Research and Education Activities, $10,500,000, of which $2,600,000 for the Research, 

Education, and Economics Information System and $2,000,000 for 

the Electronic Grants Information System, are to remain available 

until expended. 

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

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

EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico, 

Guam, the Virgin Islands, Micronesia, the Northern Marianas, and 

American Samoa, $475,183,000, as follows: payments for cooperative extension work under the Smith-Lever Act, to be distributed 

under sections 3(b) and 3(c) of said Act, and under section 208(c) 

of Public Law 93–471, for retirement and employees’ compensation 

costs for extension agents, $294,000,000; payments for extension 

work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C. 

343(b)(3)), $4,312,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act, 

$67,934,000; payments for the pest management program under section 3(d) of the Act, $9,918,000; payments for the farm safety program and youth farm safety education and certification extension 

grants under section 3(d) of the Act, $4,610,000; payments for New 

Technologies for Agriculture Extension under section 3(d) of the Act, 

$1,550,000; payments to upgrade research, extension, and teaching 

facilities at institutions eligible to receive funds under 7 U.S.C. 

3221 and 3222, $19,730,000, to remain available until expended; 

payments for youth-at-risk programs under section 3(d) of the 

Smith-Lever Act, $7,600,000; payments for carrying out the provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C. 

1671 et seq.), $3,700,000; payments for the federally recognized 

Tribes Extension Program under section 3(d) of the Smith-Lever 

Act, $3,039,000; payments for sustainable agriculture programs 

under section 3(d) of the Act, $4,696,000; payments for rural health 

and safety education as authorized by section 502(i) of Public Law 

92–419 (7 U.S.C. 2662(i)), $1,500,000; payments for cooperative extension work by eligible institutions (7 U.S.C. 3221), $42,592,000, 

provided that each institution receives no less than $1,000,000; for 

grants to youth organizations pursuant to 7 U.S.C. 7630, $750,000; 

payments to carry out the food animal residue avoidance database 

program as authorized by 7 U.S.C. 7642, $1,000,000; payments to 

carry out section 1672(e)(49) of the Food, Agriculture, Conservation, 

and Trade Act of 1990 (7 U.S.C. 5925), as amended, $400,000; and 

for necessary expenses of Extension Activities, $7,852,000. 

INTEGRATED ACTIVITIES

For the integrated research, education, and extension grants 

programs, including necessary administrative expenses, 

$21,482,000, as follows: for competitive grants programs authorized 

under section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626), $14,496,000, including 


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$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 Inspec- tion Service, including up to $30,000 for representation allowances 

and for expenses pursuant to the Foreign Service Act of 1980 (22 

U.S.C. 4085), $816,534,000, of which $1,000,000, to be available 

until expended, shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds (‘‘contingency fund’’) to the extent necessary to meet 

emergency conditions; of which $17,848,000, to remain available 

until expended, shall be used for the cotton pests program for cost 

share purposes or for debt retirement for active eradication zones; 

of which $32,500,000, to remain available until expended, shall be 

for Animal Health Technical Services; of which $696,000 shall be 

for activities under the authority of the Horse Protection Act of 

1970, as amended (15 U.S.C. 1831); of which $52,000,000, to remain available until expended, shall be used to support avian 

health; of which $4,335,000, to remain available until expended, 

shall be for information technology infrastructure; of which 

$153,950,000, to remain available until expended, shall be for specialty crop pests; of which, $9,068,000, to remain available until expended, shall be for field crop and rangeland ecosystem pests; of 

which $55,638,000, to remain available until expended, shall be for 

tree and wood pests; of which $2,750,000, to remain available until 

expended, shall be for the National Veterinary Stockpile; of which 

up to $1,500,000, to remain available until expended, shall be for 

the scrapie program for indemnities; of which $1,000,000, to remain 

available until expended, shall be for wildlife services methods development; of which $1,500,000, to remain available until expended, 

shall be for the wildlife damage management program for aviation 

safety; and up to 25 percent of the screwworm program shall remain 

available until expended: Provided, That no funds shall be used to 

formulate or administer a brucellosis eradication program for the 

current fiscal year that does not require minimum matching by the 

States of at least 40 percent: Provided further, That this appropriation shall be available for the operation and maintenance of aircraft 

and the purchase of not to exceed four, of which two shall be for replacement only: Provided further, That, in addition, in emergencies 


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which threaten any segment of the agricultural production industry 

of this country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available 

only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, 

and for expenses in accordance with sections 10411 and 10417 of 

the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 

7772), and any unexpended balances of funds transferred for such 

emergency purposes in the preceding fiscal year shall be merged 

with such transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) 

for the repair and alteration of leased buildings and improvements, 

but unless otherwise provided the cost of altering any one building 

during the fiscal year shall not exceed 10 percent of the current replacement value of the building. 

In fiscal year 2012, the agency is authorized to collect fees to 

cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and 

international organizations, foreign governments, or individuals, 

provided that such fees are structured such that any entity’s liability 

for such fees is reasonably based on the technical assistance, goods, 

or services provided to the entity by the agency, and such fees shall 

be reimbursed to this account, to remain available until expended, 

without further appropriation, for providing such assistance, goods, 

or services. 

BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 

2250, and acquisition of land as authorized by 7 U.S.C. 428a, 

$3,200,000, to remain available until expended. 

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

For necessary expenses of the Agricultural Marketing Service, 

$82,211,000: Provided, That this appropriation shall be available 

pursuant to law (7 U.S.C. 2250) for the alteration and repair of 

buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current 

replacement value of the building. 

Fees may be collected for the cost of standardization activities, 

as established by regulation pursuant to law (31 U.S.C. 9701). 

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $62,101,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: 

Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 

10 percent with notification to the Committees on Appropriations of 

both Houses of Congress. 


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FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

(INCLUDING TRANSFERS OF FUNDS)

Funds available under section 32 of the Act of August 24, 1935 

(7 U.S.C. 612c), shall be used only for commodity program expenses 

as authorized therein, and other related operating expenses, except 

for: (1) transfers to the Department of Commerce as authorized by 

the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise 

provided in this Act; and (3) not more than $20,056,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the 

Agricultural Act of 1961. 

PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities 

under section 204(b) of the Agricultural Marketing Act of 1946 (7 

U.S.C. 1623(b)), $1,198,000. 

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Grain Inspection, Packers and Stockyards Administration, $37,750,000: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the 

alteration and repair of buildings and improvements, but the cost 

of altering any one building during the fiscal year shall not exceed 

10 percent of the current replacement value of the building. 

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $49,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing 

services: Provided, That if grain export activities require additional 

supervision and oversight, or other uncontrollable factors occur, this 

limitation may be exceeded by up to 10 percent with notification to 

the Committees on Appropriations of both Houses of Congress. 

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

For necessary expenses of the Office of the Under Secretary for 

Food Safety, $770,000. 

FOOD SAFETY AND INSPECTION SERVICE

For necessary expenses to carry out services authorized by the 

Federal Meat Inspection Act, the Poultry Products Inspection Act, 

and the Egg Products Inspection Act, including not to exceed 

$50,000 for representation allowances and for expenses pursuant to 

section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), 

$1,004,427,000; and in addition, $1,000,000 may be credited to this 

account from fees collected for the cost of laboratory accreditation as 

authorized by section 1327 of the Food, Agriculture, Conservation 

and Trade Act of 1990 (7 U.S.C. 138f): Provided, That funds provided for the Public Health Data Communication Infrastructure 


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system shall remain available until expended: Provided further, 

That no fewer than 148 full-time equivalent positions shall be employed during fiscal year 2012 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of 

Slaughter Act: Provided further, That the Food Safety and Inspection Service shall continue implementation of section 11016 of Public Law 110–246: Provided further, That this appropriation shall be 

available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one 

building during the fiscal year shall not exceed 10 percent of the 

current replacement value of the building. 

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

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

FARM SERVICE AGENCY

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Farm Service Agency, $1,198,966,000, of which $13,000,000 shall be for the Common 

Computing Environment and of which not less than $66,685,000 

shall be for Modernize and Innovate the Delivery of Agricultural 

Systems: Provided, That the Secretary is authorized to use the services, facilities, and authorities (but not the funds) of the Commodity 

Credit Corporation to make program payments for all programs administered by the Agency: Provided further, That other funds made 

available to the Agency for authorized activities may be advanced 

to and merged with this account: Provided further, That funds 

made available to county committees shall remain available until 

expended. 

STATE MEDIATION GRANTS

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

GRASSROOTS SOURCE WATER PROTECTION PROGRAM

For necessary expenses to carry out wellhead or groundwater 

protection activities under section 1240O of the Food Security Act of 

1985 (16 U.S.C. 3839bb–2), $3,817,000, to remain available until 

expended. 

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses involved in making indemnity payments 

to dairy farmers and manufacturers of dairy products under a dairy 

indemnity program, such sums as may be necessary, to remain 

available until expended: Provided, That such program is carried 

out by the Secretary in the same manner as the dairy indemnity 

program described in the Agriculture, Rural Development, Food and 


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Drug Administration, and Related Agencies Appropriations Act, 

2001 (Public Law 106–387, 114 Stat. 1549A–12). 

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and 

guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 

U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 

U.S.C. 488), boll weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.), and Indian highly fractionated 

land loans (25 U.S.C. 488) to be available from funds in the Agricultural Credit Insurance Fund, as follows: $1,500,000,000 for unsubsidized guaranteed farm ownership loans and $475,000,000 for 

farm ownership direct loans; $1,500,000,000 for unsubsidized guaranteed operating loans and $1,050,090,000 for direct operating 

loans; Indian tribe land acquisition loans, $2,000,000; guaranteed 

conservation loans, $150,000,000; Indian highly fractionated land 

loans, $10,000,000; and for boll weevil eradication program loans, 

$100,000,000: Provided, That the Secretary shall deem the pink 

bollworm to be a boll weevil for the purpose of boll weevil eradication program loans. 

For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership, 

$22,800,000 for direct loans; farm operating loans, $26,100,000 for 

unsubsidized guaranteed operating loans, $59,120,000 for direct operating loans; and Indian highly fractionated land loans, $193,000. 

In addition, for administrative expenses necessary to carry out 

the direct and guaranteed loan programs, $297,632,000, of which 

$289,728,000 shall be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred 

among these programs: Provided, That the Committees on Appropriations of both Houses of Congress are notified at least 15 days 

in advance of any transfer. 

RISK MANAGEMENT AGENCY

For necessary expenses of the Risk Management Agency, 

$74,900,000: Provided, That the funds made available under section 

522(e) of the Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be 

used for the Common Information Management System: Provided 

further, That not to exceed $1,000 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 

1506(i). 

CORPORATIONS 

The following corporations and agencies are hereby authorized 

to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord 

with law, and to make contracts and commitments without regard 

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ment Corporation Control Act as may be necessary in carrying out 

the programs set forth in the budget for the current fiscal year for 

such corporation or agency, except as hereinafter provided. 

FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized by section 516 of the Federal Crop 

Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to 

remain available until expended. 

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

(INCLUDING TRANSFERS OF FUNDS)

For the current fiscal year, such sums as may be necessary to 

reimburse the Commodity Credit Corporation for net realized losses 

sustained, but not previously reimbursed, pursuant to section 2 of 

the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided, That of 

the funds available to the Commodity Credit Corporation under section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 

714i) for the conduct of its business with the Foreign Agricultural 

Service, up to $5,000,000 may be transferred to and used by the 

Foreign Agricultural Service for information resource management 

activities of the Foreign Agricultural Service that are not related to 

Commodity Credit Corporation business. 

HAZARDOUS WASTE MANAGEMENT

(LIMITATION ON EXPENSES)

For the current fiscal year, the Commodity Credit Corporation 

shall not expend more than $5,000,000 for site investigation and 

cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 

9607(g)), and section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 6961). 

TITLE II 

CONSERVATION PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

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

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the Act 

of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and 

water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary 


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to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of 

information; acquisition of lands, water, and interests therein for 

use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of 

August 3, 1956 (7 U.S.C. 428a); purchase and erection or alteration 

or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $828,159,000, to remain available until September 30, 2013, of which $12,500,000 shall be for the 

Common Computing Environment: Provided, That appropriations 

hereunder shall be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at 

plant materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall 

not exceed $250,000: Provided further, That when buildings or other 

structures are erected on non-Federal land, that the right to use 

such land is obtained as provided in 7 U.S.C. 2250a. 

WATERSHED REHABILITATION PROGRAM

Under the authorities of section 14 of the Watershed Protection 

and Flood Prevention Act, $15,000,000 is provided. 

TITLE III 

RURAL DEVELOPMENT PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

For necessary expenses of the Office of the Under Secretary for 

Rural Development, $848,000. 

RURAL DEVELOPMENT SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration and 

implementation of programs in the Rural Development mission 

area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative 

agreements; $182,023,000, of which $4,500,000 shall be for the 

Common Computing Environment: Provided, That notwithstanding 

any other provision of law, funds appropriated under this heading 

may be used for advertising and promotional activities that support 

the Rural Development mission area: Provided further, That any 

balances available from prior years for the Rural Utilities Service, 

Rural Housing Service, and the Rural Business—Cooperative Service salaries and expenses accounts shall be transferred to and 

merged with this appropriation. 


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RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and 

guaranteed loans as authorized by title V of the Housing Act of 

1949, to be available from funds in the rural housing insurance 

fund, as follows: $900,000,000 shall be for direct loans and 

$24,000,000,000 shall be for unsubsidized guaranteed loans; 

$10,000,000 for section 504 housing repair loans; $64,478,000 for 

section 515 rental housing; $130,000,000 for section 538 guaranteed 

multi-family housing loans; $10,000,000 for credit sales of single 

family housing acquired property; and $5,000,000 for section 523 

self-help housing land development loans. 

For the cost of direct and guaranteed loans, including the cost 

of modifying loans, as defined in section 502 of the Congressional 

Budget Act of 1974, as follows: section 502 loans, $42,570,000 shall 

be for direct loans; section 504 housing repair loans, $1,421,000; 

and repair, rehabilitation, and new construction of section 515 rental housing, $22,000,000: Provided, That the Secretary may charge 

a guarantee fee of up to 4 percent on section 502 guaranteed loans: 

Provided further, That to support the loan program level for section 

538 guaranteed loans made available under this heading the Secretary may charge or adjust any fees to cover the projected cost of 

such loan guarantees pursuant to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such 

loans may not be subsidized: Provided further, That of the total 

amount appropriated in this paragraph, the amount equal to the 

amount of Rural Housing Insurance Fund Program Account funds 

allocated by the Secretary for Rural Economic Area Partnership 

Zones for the fiscal year 2011, shall be available through June 30, 

2012, for communities designated by the Secretary of Agriculture as 

Rural Economic Area Partnership Zones. 

In addition, for the cost of direct loans, grants, and contracts, 

as authorized by 42 U.S.C. 1484 and 1486, $14,200,000, to remain 

available until expended, for direct farm labor housing loans and 

domestic farm labor housing grants and contracts: Provided, That 

any balances available for the Farm Labor Program Account shall 

be transferred and merged with this account. 

In addition, for administrative expenses necessary to carry out 

the direct and guaranteed loan programs, $430,800,000 shall be 

transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) or agreements entered 

into in lieu of debt forgiveness or payments for eligible households 

as authorized by section 502(c)(5)(D) of the Housing Act of 1949, 

$904,653,000; and, in addition, such sums as may be necessary, as 

authorized by section 521(c) of the Act, to liquidate debt incurred 

prior to fiscal year 1992 to carry out the rental assistance program 

under section 521(a)(2) of the Act: Provided, That of this amount 


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not less than $1,500,000 is available for newly constructed units financed by section 515 of the Housing Act of 1949, and not less than 

$2,500,000 is for newly constructed units financed under sections 

514 and 516 of the Housing Act of 1949: Provided further, That 

rental assistance agreements entered into or renewed during the 

current fiscal year shall be funded for a 1-year period: Provided further, That any unexpended balances remaining at the end of such 

one-year agreements may be transferred and used for the purposes 

of any debt reduction; maintenance, repair, or rehabilitation of any 

existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further, That rental assistance provided under agreements entered into prior to fiscal year 

2012 for a farm labor multi-family housing project financed under 

section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of 

tenants seeking such assistance or the project has rental assistance 

eligible tenants who are not receiving such assistance: Provided further, That such recaptured rental assistance shall, to the extent 

practicable, be applied to another farm labor multi-family housing 

project financed under section 514 or 516 of the Act. 

MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT

For the rural housing voucher program as authorized under 

section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct a 

demonstration program for the preservation and revitalization of 

multi-family rental housing properties described in this paragraph, 

$13,000,000, to remain available until expended: Provided, That of 

the funds made available under this heading, $11,000,000, shall be 

available for rural housing vouchers to any low-income household 

(including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid after 

September 30, 2005: Provided further, That the amount of such 

voucher shall be the difference between comparable market rent for 

the section 515 unit and the tenant paid rent for such unit: Provided further, That funds made available for such vouchers shall be 

subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, 

administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered 

by the Secretary of the Department of Housing and Urban Development: Provided further, That if the Secretary determines that the 

amount made available for vouchers in this or any other Act is not 

needed for vouchers, the Secretary may use such funds for the demonstration program for the preservation and revitalization of multifamily 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 

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cluding reducing or eliminating interest; deferring loan payments, 

subordinating, reducing or reamortizing loan debt; and other financial assistance including advances, payments and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary: Provided further, That the Secretary shall as part of the preservation and revitalization agreement 

obtain a restrictive use agreement consistent with the terms of the 

restructuring: Provided further, That if the Secretary determines 

that additional funds for vouchers described in this paragraph are 

needed, funds for the preservation and revitalization demonstration 

program may be used for such vouchers: Provided further, That if 

Congress enacts legislation to permanently authorize a multi-family 

rental housing loan restructuring program similar to the demonstration program described herein, the Secretary may use funds 

made available for the demonstration program under this heading 

to carry out such legislation with the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, 

That in addition to any other available funds, the Secretary may expend not more than $1,000,000 total, from the program funds made 

available under this heading, for administrative expenses for activities funded under this heading. 

MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of the 

Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain 

available until expended: Provided, That of the total amount appropriated under this heading, the amount equal to the amount of Mutual and Self-Help Housing Grants allocated by the Secretary for 

Rural Economic Area Partnership Zones for the fiscal year 2011, 

shall be available through June 30, 2012, for communities designated by the Secretary of Agriculture as Rural Economic Area 

Partnership Zones. 

RURAL HOUSING ASSISTANCE GRANTS

For grants and contracts for very low-income housing repair, 

supervisory and technical assistance, compensation for construction 

defects, and rural housing preservation made by the Rural Housing 

Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 

1490m, $33,136,000, to remain available until expended: Provided, 

That of the total amount appropriated under this heading, the 

amount equal to the amount of Rural Housing Assistance Grants allocated by the Secretary for Rural Economic Area Partnership Zones 

for the fiscal year 2011, shall be available through June 30, 2012, 

for communities designated by the Secretary of Agriculture as Rural 

Economic Area Partnership Zones. 

RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and 

guaranteed loans as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development 

Act, $1,300,000,000 for direct loans and $105,708,000 for guaranteed loans. 


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For the cost of guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget 

Act of 1974, $5,000,000, to remain available until expended. 

For the cost of grants for rural community facilities programs 

as authorized by section 306 and described in section 381E(d)(1) of 

the Consolidated Farm and Rural Development Act, $24,291,000, to 

remain available until expended: Provided, That $3,621,000 of the 

amount appropriated under this heading shall be available for a 

Rural Community Development Initiative: Provided further, That 

such funds shall be used solely to develop the capacity and ability 

of private, nonprofit community-based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: Provided further, That such 

funds shall be made available to qualified private, nonprofit and 

public intermediary organizations proposing to carry out a program 

of financial and technical assistance: Provided further, That such 

intermediary organizations shall provide matching funds from other 

sources, including Federal funds for related activities, in an amount 

not less than funds provided: Provided further, That $5,938,000 of 

the amount appropriated under this heading shall be to provide 

grants for facilities in rural communities with extreme unemployment and severe economic depression (Public Law 106–387), with 

up to 5 percent for administration and capacity building in the 

State rural development offices: Provided further, That $3,369,000 

of the amount appropriated under this heading shall be available 

for community facilities grants to tribal colleges, as authorized by 

section 306(a)(19) of such Act: Provided further, That of the amount 

appropriated under this heading, the amount equal to the amount 

of Rural Community Facilities Program Account funds allocated by 

the Secretary for Rural Economic Area Partnership Zones for the 

fiscal year 2011, shall be available through June 30, 2012, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones for the rural community programs 

described in section 381E(d)(1) of the Consolidated Farm and Rural 

Development Act: Provided further, That sections 381E–H and 381N 

of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. 

RURAL BUSINESS—COOPERATIVE SERVICE

RURAL BUSINESS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of loan guarantees and grants, for the rural business development programs authorized by sections 306 and 310B 

and described in sections 310B(f) and 381E(d)(3) of the Consolidated Farm and Rural Development Act, $74,809,000, to remain 

available until expended: Provided, That of the amount appropriated under this heading, not to exceed $500,000 shall be made 

available for a grant to a qualified national organization to provide 

technical assistance for rural transportation in order to promote economic development and $2,900,000 shall be for grants to the Delta 

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nity Advancement Program purpose as described in section 381E(d) 

of the Consolidated Farm and Rural Development Act, of which not 

more than 5 percent may be used for administrative expenses: Provided further, That $4,000,000 of the amount appropriated under 

this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to a 

qualified national organization to provide technical assistance for 

rural transportation in order to promote economic development: Provided further, That of the amount appropriated under this heading, 

the amount equal to the amount of Rural Business Program Account funds allocated by the Secretary for Rural Economic Area 

Partnership Zones for the fiscal year 2011, shall be available 

through June 30, 2012, for communities designated by the Secretary 

of Agriculture as Rural Economic Area Partnership Zones for the 

rural business and cooperative development programs described in 

section 381E(d)(3) of the Consolidated Farm and Rural Development Act: Provided further, That sections 381E–H and 381N of the 

Consolidated Farm and Rural Development Act are not applicable 

to funds made available under this heading. 

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the principal amount of direct loans, as authorized by the Rural Development Loan Fund (42 U.S.C. 9812(a)), $17,710,000. For the cost of direct loans, $6,000,000, as authorized by the 

Rural Development Loan Fund (42 U.S.C. 9812(a)), of which 

$875,000 shall be available through June 30, 2012, for Federally 

Recognized Native American Tribes; and of which $1,750,000 shall 

be available through June 30, 2012, for Mississippi Delta Region 

counties (as determined in accordance with Public Law 100–460): 

Provided, That such costs, including the cost of modifying such 

loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That of the total amount appropriated under this heading, the amount equal to the amount of 

Rural Development Loan Fund Program Account funds allocated by 

the Secretary for Rural Economic Area Partnership Zones for the 

fiscal year 2011, shall be available through June 30, 2012, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones. 

In addition, for administrative expenses to carry out the direct loan programs, $4,684,000 shall be transferred to and merged with 

the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

For the principal amount of direct loans, as authorized under 

section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, 

$33,077,000. 

Of the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act 

of 1936, $155,000,000 shall not be obligated and $155,000,000 are 

rescinded. 


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RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act 

(7 U.S.C. 1932), $25,050,000, of which $2,250,000 shall be for cooperative agreements for the appropriate technology transfer for rural 

areas program: Provided, That not to exceed $3,000,000 shall be for 

grants for cooperative development centers, individual cooperatives, 

or groups of cooperatives that serve socially disadvantaged groups 

and a majority of the boards of directors or governing boards of 

which are comprised of individuals who are members of socially 

disadvantaged groups; and of which $14,000,000, to remain available until expended, shall be for value-added agricultural product 

market development grants, as authorized by section 231 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note). 

RURAL ENERGY FOR AMERICA PROGRAM

For the cost of a program of loan guarantees and grants, under 

the same terms and conditions as authorized by section 9007 of the 

Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107), 

$3,400,000: Provided, That the cost of loan guarantees, including 

the cost of modifying such loans, shall be as defined in section 502 

of the Congressional Budget Act of 1974. 

RURAL UTILITIES SERVICE

RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, loan guarantees, and grants for the 

rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 

306E, and 310B and described in sections 306C(a)(2), 306D, 306E, 

and 381E(d)(2) of the Consolidated Farm and Rural Development 

Act, $513,000,000, to remain available until expended, of which not 

to exceed $497,000 shall be available for the rural utilities program 

described in section 306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be available for the rural utilities program described in section 306E of such Act: Provided, That $66,500,000 of 

the amount appropriated under this heading shall be for loans and 

grants including water and waste disposal systems grants authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm and 

Rural Development Act, Federally recognized Native American 

Tribes authorized by 306C(a)(1), and the Department of Hawaiian 

Home Lands (of the State of Hawaii): Provided further, That funding provided for section 306D of the Consolidated Farm and Rural 

Development Act may be provided to a consortium formed pursuant 

to section 325 of Public Law 105–83: Provided further, That not 

more than 2 percent of the funding provided for section 306D of the 

Consolidated Farm and Rural Development Act may be used by the 

State of Alaska for training and technical assistance programs and 

not more than 2 percent of the funding provided for section 306D 

of the Consolidated Farm and Rural Development Act may be used 

by a consortium formed pursuant to section 325 of Public Law 105– 

83 for training and technical assistance programs: Provided further, 


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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 nonprofit multi-state regional technical assistance organization, with 

experience in working with small communities on water and waste 

water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than 

$800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for 

tribal communities: Provided further, That not to exceed 

$15,000,000 of the amount appropriated under this heading shall be 

for contracting with qualified national organizations for a circuit 

rider program to provide technical assistance for rural water systems: Provided further, That not to exceed $3,400,000 shall be for 

solid waste management grants: Provided further, That of the 

amount appropriated under this heading, the amount equal to the 

amount of Rural Water and Waste Disposal Program Account funds 

allocated by the Secretary for Rural Economic Area Partnership 

Zones for the fiscal year 2011, shall be available through June 30, 

2012, for communities designated by the Secretary of Agriculture as 

Rural Economic Area Partnership Zones for the rural utilities programs described in section 381E(d)(2) of the Consolidated Farm and 

Rural Development Act: Provided further, That $9,500,000 of the 

amount appropriated under this heading shall be transferred to, 

and merged with, the Rural Utilities Service, High Energy Cost 

Grants Account to provide grants authorized under section 19 of the 

Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided further, 

That any prior year balances for high energy cost grants authorized 

by section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 

918a) shall be transferred to and merged with the Rural Utilities 

Service, High Energy Cost Grants Account: Provided further, That 

sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under 

this heading. 

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The principal amount of direct and guaranteed loans as authorized by sections 305 and 306 of the Rural Electrification Act of 

1936 (7 U.S.C. 935 and 936) shall be made as follows: 5 percent 

rural electrification loans, $100,000,000; loans made pursuant to 

section 306 of that Act, rural electric, $6,500,000,000; guaranteed 

underwriting loans pursuant to section 313A, $424,286,000; 5 percent rural telecommunications loans, $145,000,000; cost of money 

rural telecommunications loans, $250,000,000; and for loans made 

pursuant to section 306 of that Act, rural telecommunications loans, 

$295,000,000: Provided, That up to $2,000,000,000 shall be used for 

the construction, acquisition, or improvement of fossil-fueled electric 


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generating plants (whether new or existing) that utilize carbon sequestration systems. 

For the cost of guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget 

Act of 1974, as follows: $594,000 for guaranteed underwriting loans 

authorized by section 313A of the Rural Electrification Act of 1936 

(7 U.S.C. 940c–1). 

In addition, for administrative expenses necessary to carry out 

the direct and guaranteed loan programs, $36,382,000, which shall 

be transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

For the principal amount of broadband telecommunication 

loans, $212,014,000. 

For grants for telemedicine and distance learning services in 

rural areas, as authorized by 7 U.S.C. 950aaa et seq., $21,000,000, 

to remain available until expended: Provided, That $3,000,000 shall 

be made available for grants authorized by 379G of the Consolidated Farm and Rural Development Act: Provided further, That 

funding provided under this heading for grants under 379G of the 

Consolidated Farm and Rural Development Act may only be provided to entities that meet all of the eligibility criteria for a consortium as established by this section: Provided further, That 

$3,000,000 shall be made available to those noncommercial educational television broadcast stations that serve rural areas and are 

qualified for Community Service Grants by the Corporation for Public Broadcasting under section 396(k) of the Communications Act of 

1934, including associated translators and repeaters, regardless of 

the location of their main transmitter, studio-to-transmitter links, 

and equipment to allow local control over digital content and programming through the use of high definition broadcast, multi-casting and datacasting technologies. 

For the cost of broadband loans, as authorized by section 601 

of the Rural Electrification Act, $6,000,000, to remain available 

until expended: Provided, That the cost of direct loans shall be as 

defined in section 502 of the Congressional Budget Act of 1974. 

In addition, $10,372,000, to remain available until expended, 

for a grant program to finance broadband transmission in rural 

areas eligible for Distance Learning and Telemedicine Program benefits authorized by 7 U.S.C. 950aaa. 

TITLE IV 

DOMESTIC FOOD PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

For necessary expenses of the Office of the Under Secretary for 

Food, Nutrition and Consumer Services, $770,000. 


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FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, 

and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except 

sections 17 and 21; $18,151,176,000, to remain available through 

September 30, 2013, of which such sums as are made available 

under section 14222(b)(1) of the Food, Conservation, and Energy Act 

of 2008 (Public Law 110–246), as amended by this Act, shall be 

merged with and available for the same time period and purposes 

as provided herein: Provided, That of the total amount available, 

$16,516,000 shall be available to carry out section 19 of the Child 

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided further, 

That of the total amount available, $1,000,000 shall be available to 

implement section 23 of the Child Nutrition Act of 1966 (42 U.S.C. 

1771 et seq): Provided further, That section 14222(b)(1) of the Food, 

Conservation, and Energy Act of 2008 is amended by adding at the 

end before the period, ‘‘except section 21, and the Child Nutrition 

Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21’’. 

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, 

AND CHILDREN (WIC)

For necessary expenses to carry out the special supplemental 

nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $6,618,497,000, to remain available through September 30, 2013: Provided, That notwithstanding 

section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 

1786(h)(10)), of the amounts made available under this heading, 

only the provisions of section 17(h)(10)(B)(iii) shall be effective in 

fiscal year 2012 (excluding performance bonus payments), for which 

not less than $60,000,000 shall be used for breast-feeding peer counselors and other related activities: Provided further, That funds 

made available for the purposes specified in section 17(h)(10)(B)(i) 

and section 17(h)(10)(B)(ii) shall only be made available upon a determination by the Secretary that funds are available to meet caseload requirements without the use of the contingency reserve funds: 

Provided further, That none of the funds provided in this account 

shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 17 of such Act: Provided further, 

That none of the funds provided shall be available for activities that 

are not fully reimbursed by other Federal Government departments 

or agencies unless authorized by section 17 of such Act. 

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

For necessary expenses to carry out the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), $80,401,722,000, of which 

$3,000,000,000, to remain available through September 30, 2013, 

shall be placed in reserve for use only in such amounts and at such 

times as may become necessary to carry out program operations: 

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ance 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. 


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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. 


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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 

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pended; $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 


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Policy, the Office of Operations, the Office of the Chief Scientist, and 

central services for these offices: Provided further, That not to exceed 

$25,000 of this amount shall be for official reception and representation expenses, not otherwise provided for, as determined by the 

Commissioner: Provided further, That funds may be transferred 

from one specified activity to another with the prior approval of the 

Committees on Appropriations of both Houses of Congress. 

In addition, mammography user fees authorized by 42 U.S.C. 

263b, export certification user fees authorized by 21 U.S.C. 381, and 

priority review user fees authorized by 21 U.S.C. 360n may be credited to this account, to remain available until expended. 

BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the 

Food and Drug Administration, where not otherwise provided, 

$8,788,000, to remain available until expended. 

INDEPENDENT AGENCIES 

COMMODITY FUTURES TRADING COMMISSION

For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase 

and hire of passenger motor vehicles, and the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, $205,294,000, to remain available until September 30, 2013, 

including not to exceed $3,000 for official reception and representation expenses, and not to exceed $25,000 for the expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, and of which $55,000,000 

shall remain available for information technology investments until 

September 30, 2014. 

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $61,000,000 (from assessments collected from 

farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year 

for administrative expenses as authorized under 12 U.S.C. 2249: 

Provided, That this limitation shall not apply to expenses associated 

with receiverships. 

TITLE VII 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for 

the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 

204 passenger motor vehicles of which 170 shall be for replacement 

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standing 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 

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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 inkind support from non-Federal sources under section 412(e)(3) of 

such Act in the form of unrecovered indirect costs not otherwise 

charged against the grant, consistent with the indirect rate of cost 

approved for a recipient. 

SEC. 711. Except as otherwise specifically provided by law, unobligated balances remaining available at the end of the fiscal year 

from appropriations made available for salaries and expenses in 

this Act for the Farm Service Agency and the Rural Development 

mission area, shall remain available through September 30, 2013, 

for information technology expenses. 

SEC. 712. The Secretary of Agriculture may authorize a State 

agency to use funds provided in this Act to exceed the maximum 

amount of liquid infant formula specified in 7 C.F.R. 246.10 when 

issuing liquid infant formula to participants. 


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SEC. 713. None of the funds appropriated or otherwise made 

available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 

301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 

SEC. 714. In the case of each program established or amended 

by the Food, Conservation, and Energy Act of 2008 (Public Law 

110–246), other than by title I or subtitle A of title III of such Act, 

that is authorized or required to be carried out using funds of the 

Commodity Credit Corporation— 

(1) such funds shall be available for salaries and related 

administrative expenses, including technical assistance, associated with the implementation of the program, without regard to 

the limitation on the total amount of allotments and fund 

transfers contained in section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i); and 

(2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund 

transfers contained in such section. 

SEC. 715. Notwithstanding any other provision of law, the requirements pursuant to 7 U.S.C. 1736f(e)(1) may be waived for any 

amounts higher than those specified under this authority for fiscal 

year 2010. 

SEC. 716. (a) Clause (ii) of section 524(b)(4)(B) of the Federal 

Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is amended— 

(1) in the heading, by striking ‘‘fiscal years 2008 through 

2012’’ and inserting ‘‘certain fiscal years’’; and 

(2) in the text, by striking ‘‘2012’’ and inserting ‘‘2014’’. 

(b) Section 1238E(a) of the Food Security Act of 1985 (16 U.S.C. 

3838e(a)) is amended by striking ‘‘2012’’ and inserting ‘‘2014’’. 

(c) Section 1240B(a) of the Food Security Act of 1985 (16 U.S.C. 

3839aa–2(a)) is amended by striking ‘‘2012’’ and inserting ‘‘2014’’. 

(d) Section 1241(a)(6)(E) of the Food Security Act of 1985 (16 

U.S.C. 3841(a)(6)(E)) is amended by striking ‘‘fiscal year 2012’’ and 

inserting ‘‘each of fiscal years 2012 through 2014’’. 

(e) Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 

3841(a)) is amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘2012,’’ and inserting ‘‘2012 (and fiscal year 2014 in the case 

of the programs specified in paragraphs (3)(B), (4), (6), and 

(7)),’’; and 

(2) in paragraph (4)(E), by striking ‘‘fiscal year 2012’’ and 

inserting ‘‘each of fiscal years 2012 through 2014’’. 

(f) Section 1241(a)(7)(D) of the Food Security Act of 1985 (16 

U.S.C. 3841(a)(7)(D)) is amended by striking ‘‘2012’’ and inserting 

‘‘2014’’. 

SEC. 717. Appropriations to the Department of Agriculture 

made available in fiscal years 2005, 2006, and 2007 to carry out 

section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) 

for the cost of direct loans shall remain available until expended to 

disburse valid obligations. 

SEC. 718. None of the funds made available in fiscal year 2012 

or preceding fiscal years for programs authorized under the Food 

for Peace Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall 


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be used to reimburse the Commodity Credit Corporation for the release of eligible commodities under section 302(f)(2)(A) of the Bill 

Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1): Provided, 

That any such funds made available to reimburse the Commodity 

Credit Corporation shall only be used pursuant to section 

302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act. 

SEC. 719. Of the funds made available by this Act, not more than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and 

task forces of the Department of Agriculture, except for panels used 

to comply with negotiated rule makings and panels used to evaluate 

competitively awarded grants. 

SEC. 720. None of the funds in this Act shall be available to pay 

indirect costs charged against any agricultural research, education, 

or extension grant awards issued by the National Institute of Food 

and Agriculture that exceed 30 percent of total Federal funds provided under each award: Provided, That notwithstanding section 

1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds provided by this Act 

for grants awarded competitively by the National Institute of Food 

and Agriculture shall be available to pay full allowable indirect 

costs for each grant awarded under section 9 of the Small Business 

Act (15 U.S.C. 638). 

SEC. 721. None of the funds made available by this or any other 

Act may be used to write, prepare, or publish a final rule or an interim final rule in furtherance of, or otherwise to implement, ‘‘Implementation of Regulations Required Under Title XI of the Food, 

Conservation and Energy Act of 2008; Conduct in Violation of the 

Act’’ (75 Fed. Reg. 35338 (June 22, 2010)) unless the combined annual cost to the economy of such rules do not exceed $100,000,000: 

Provided, That no funds be made available by this or any other Act 

to publish a final or interim final rule in furtherance of, or otherwise implement, proposed sections 201.2(l), 201.2(t), 201.2(u), 

201.3(c), 201.210, 201.211, 201.213, or 201.214 of ‘‘Implementation 

of Regulations Required Under Title XI of the Food, Conservation 

and Energy Act of 2008; Conduct in Violation of the Act’’ (75 Fed. 

Reg. 35338 (June 22, 2010)): Provided further, That such rules must 

be published in the Federal Register no later than December 9, 

2011: Provided further, That none of the funds made available by 

this or any other Act may be used to implement such rules until 60 

days from the publication date of such rules, and only unless such 

rules are otherwise in compliance with this section. 

SEC. 722. Any unobligated funds included under Treasury symbol codes 12X3336, 12X2268, 12X0132, 12X2271, 12X2277, 

12X1404, 12X1501, and 12X1336 are hereby rescinded. 

SEC. 723. Of the unobligated balances provided pursuant to section 16(h)(1)(A) of the Food and Nutrition Act of 2008, $11,000,000 

are hereby rescinded. 

SEC. 724. There is hereby appropriated $1,996,000 to carry out 

section 1621 of Public Law 110–246. 

SEC. 725. Subject to authorization by the Congress, the Secretary may reserve, through April 1, 2012, up to 5 percent of the 

funding available for the following items for projects in areas that 

are engaged in strategic regional development planning as defined 

by the Secretary: business and industry guaranteed loans; rural deVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00036 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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velopment loan fund; rural business enterprise grants; rural business opportunity grants; rural economic development program; rural 

microenterprise program; biorefinery assistance program; rural energy for America program; value-added producer grants; broadband 

program; water and waste program; and rural community facilities 

program. 

SEC. 726. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to carry out the following: 

(1) The Conservation Stewardship Program authorized by 

sections 1238D–1238G of the Food Security of Act 1985 (16 

U.S.C. 3838d–3838g) in excess of $768,484,000; 

(2) The Watershed Rehabilitation program authorized by 

section 14(h) of the Watershed Protection and Flood Prevention 

Act (16 U.S.C. 1012(h)); 

(3) The Environmental Quality Incentives Program as authorized by sections 1240–1240H of the Food Security Act of 

1985 (16 U.S.C. 3839aa–3839aa–8) in excess of $1,400,000,000; 

(4) The Farmland Protection Program as authorized by section 1238I of the Food Security Act of 1985 (16 U.S.C. 3838i) 

in excess of $150,000,000; 

(5) The Grassland Reserve Program as authorized by sections 1238O–1238Q of the Food Security Act of 1985 (16 U.S.C. 

3838o–3838q) in excess of 209,000 acres in fiscal year 2012; 

(6) The Wetlands Reserve Program authorized by sections 

1237–1237F of the Food Security Act of 1985 (16 U.S.C. 3837– 

3837f) to enroll in excess of 185,800 acres in fiscal year 2012; 

(7) The Wildlife Habitat Incentives Act authorized by section 1240N of the Food Security Act of 1985 (16 U.S.C. 3839bb– 

1)) in excess of $50,000,000; 

(8) The Voluntary Public Access and Habitat Incentives 

Program authorized by section 1240R of the Food Security Act 

of 1985 (16 U.S.C. 3839bb–5); 

(9) The Bioenergy Program for Advanced Biofuels authorized by section 9005 of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 8105) in excess of $65,000,000; 

(10) The Rural Energy for America Program authorized by 

section 9007 of the Farm Security and Rural Investment Act of 

2002 (7 U.S.C. 8107) in excess of $22,000,000; 

(11) The Rural Microentrepreneur Assistance Program authorized by section 6022 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 2008s); 

(12) Section 508(d)(3) of the Federal Crop Insurance Act (7 

U.S.C. 1508(d)(3)) to provide a performance-based premium 

discount in the crop insurance program; 

(13) Agricultural Management Assistance Program as authorized by section 524 of the Federal Crop Insurance Act, as 

amended (7 U.S.C. 1524) in excess of $2,500,000 for the Natural Resources Conservation Service; 

(14) The Biomass Crop Assistance Program authorized by 

section 9011 of the Farm Security and Rural Investment Act of 

2002 (7 U.S.C. 8111) in excess of $17,000,000 in new 

obligational authority; and 

(15) A program under subsection (b)(2)(A)(iv) of section 

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lows: Child Nutrition Programs Entitlement Commodities— 

$465,000,000; State Option Contracts—$5,000,000; Removal of 

Defective Commodities—$2,500,000: Provided, That none of the 

funds made available in this Act or any other Act shall be used 

for salaries and expenses to carry out section 19(i)(1)(E) of the 

Richard B. Russell National School Lunch Act as amended by 

section 4304 of Public Law 110–246 in excess of $20,000,000, 

including the transfer of funds under subsection (c) of section 

14222 of Public Law 110–246, until October 1, 2012: Provided 

further, That $133,000,000 made available on October 1, 2012, 

to carry out section 19(i)(1)(E) of the Richard B. Russell National School Lunch Act as amended by section 4304 of Public 

Law 110–246 shall be excluded from the limitation described in 

subsection (b)(2)(A)(v) of section 14222 of Public Law 110–246: 

Provided further, That none of the funds appropriated or otherwise made available by this or any other Act shall be used to 

pay the salaries or expenses of any employee of the Department 

of Agriculture or officer of the Commodity Credit Corporation 

to carry out clause 3 of section 32 of the Agricultural Adjustment Act of 1935 (Public Law 74–320, 7 U.S.C. 612c, as amended), or for any surplus removal activities or price support activities under section 5 of the Commodity Credit Corporation Charter Act: Provided further, That of the available unobligated balances under (b)(2)(A)(iv) of section 14222 of Public Law 110– 

246, $150,000,000 are hereby rescinded. 

SEC. 727. There is hereby appropriated $600,000 to the Farm 

Service Agency to carry out a pilot program to demonstrate the use 

of new technologies that increase the rate of growth of re-forested 

hardwood trees on private nonindustrial forests lands, enrolling 

lands on the coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 2005. 

SEC. 728. None of the funds appropriated by this or any other 

Act shall be used to pay the salaries and expenses of personnel who 

prepare or submit appropriations language as part of the President’s Budget submission to the Congress of the United States for 

programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have 

not been enacted into law prior to the submission of the Budget unless such Budget submission identifies which additional spending 

reductions should occur in the event the user fees proposals are not 

enacted prior to the date of the convening of a committee of conference for the fiscal year 2013 appropriations Act. 

SEC. 729. The funds made available in Public Law 111–344 

through February 12, 2012 for trade adjustment for farmers are 

hereby rescinded. 

SEC. 730. (a) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of 

the United States derived by the collection of fees available to the 

agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds, or in the case of the 

Department of Agriculture, through use of the authority provided by 


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section 702(b) of the Department of Agriculture Organic Act of 1944 

(7 U.S.C. 2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), 

that— 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or restricted; 

(4) relocates an office or employees; 

(5) reorganizes offices, programs, or activities; or 

(6) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

unless the Secretary of Agriculture, the Secretary of Health and 

Human Services, or the Chairman of the Commodity Futures Trading Commission (as the case may be) notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 30 

days in advance of the reprogramming of such funds or the use of 

such authority. 

(b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal 

year, or provided from any accounts in the Treasury of the United 

States derived by the collection of fees available to the agencies 

funded by this Act, shall be available for obligation or expenditure 

for activities, programs, or projects through a reprogramming or use 

of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that— 

(1) augments existing programs, projects, or activities; 

(2) reduces by 10 percent funding for any existing program, 

project, or activity, or numbers of personnel by 10 percent as approved by Congress; or 

(3) results from any general savings from a reduction in 

personnel which would result in a change in existing programs, 

activities, or projects as approved by Congress; unless the Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission (as the case may be) notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 30 

days in advance of the reprogramming of such funds or the use 

of such authority. 

(c) The Secretary of Agriculture, the Secretary of Health and 

Human Services, or the Chairman of the Commodity Futures Trading Commission shall notify in writing the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically 

funded by any other Act. 

(d) As described in this section, no funds may be used for any 

activities unless the Secretary of Agriculture, the Secretary of Health 

and Human Services or the Chairman of the Commodity Futures 

Trading Commission receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section. 

SEC. 731. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the 


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Secretary may assess a one-time fee for any guaranteed business 

and industry loan in an amount that does not exceed 3 percent of 

the guaranteed principal portion of the loan. 

SEC. 732. (a) CLOSURE AND CONVEYANCE OF AGRICULTURAL RE- SEARCH 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 

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cational agencies participating in the school lunch program 

under this Act to assist such schools and local educational 

agencies in donating food under this subsection. 

‘‘(B) UPDATES.—The Secretary shall update such guidance as necessary. 

‘‘(3) LIABILITY.—Any school or local educational agency 

making donations pursuant to this subsection shall be exempt 

from civil and criminal liability to the extent provided under 

the Bill Emerson Good Samaritan Food Donation Act (42 

U.S.C. 1791). 

‘‘(4) DEFINITION.—In this subsection, the term ‘eligible local 

food banks or charitable organizations’ means any food bank or 

charitable organization which is exempt from tax under section 

501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 

501(c)(3)).’’. 

SEC. 735. There is hereby appropriated for the ‘‘Emergency Conservation Program’’, for necessary expenses resulting from a major 

disaster declared pursuant to the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 

$122,700,000, to remain available until expended: Provided, That 

the preceding amount is designated by the Congress as being for 

disaster relief pursuant to section 251(b)(2)(D) of the Balanced 

Budget and Emergency Deficit Control Act of 1985: Provided further, That there is hereby appropriated for the ‘‘Emergency Forest 

Restoration Program’’, for necessary expenses resulting from a major 

disaster declared pursuant to the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $28,400,000, 

to remain available until expended: Provided further, That the preceding amount is designated by the Congress as being for disaster 

relief pursuant to section 251(b)(2)(D) of the Balanced Budget and 

Emergency Deficit Control Act of 1985: Provided further, That there 

is hereby appropriated for the ‘‘Emergency Watershed Protection 

Program’’, for necessary expenses resulting from a major disaster 

declared pursuant to the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5121 et seq.), $215,900,000, to 

remain available until expended: Provided further, That the preceding amount is designated by the Congress as being for disaster 

relief pursuant to section 251(b)(2)(D) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

SEC. 736. Unless otherwise authorized by existing law, none of 

the funds provided in this Act, may be used by an executive branch 

agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes 

a clear notification within the text or audio of the prepackaged news 

story that the prepackaged news story was prepared or funded by 

that executive branch agency. 

SEC. 737. No employee of the Department of Agriculture may be 

detailed or assigned from an agency or office funded by this Act or 

any other Act to any other agency or office of the Department for 

more than 30 days unless the individual’s employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. 

SEC. 738. None of the funds made available by this Act may be 

used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or 


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loan guarantee to any corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation 

convicted) of a felony criminal violation under any Federal or State 

law within the preceding 24 months, where the awarding agency is 

aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agent, and 

made a determination that this further action is not necessary to 

protect the interests of the Government. 

SEC. 739. None of the funds made available by this Act may be 

used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or 

loan guarantee to, any corporation that any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not 

being paid in a timely manner pursuant to an agreement with the 

authority responsible for collecting the tax liability, where the 

awarding agency is aware of the unpaid tax liability, unless the 

agency has considered suspension or debarment of the corporation 

and made a determination that this further action is not necessary 

to protect the interests of the Government. 

SEC. 740. Unobligated balances not to exceed $31,000,000 for 

the ‘‘Emergency Watershed Protection Program’’ provided in Public 

Law 108–199, Public Law 109–234, and Public Law 110–28 shall 

be available for the purposes of such program for disasters occurring in 2011, and shall remain available until expended: Provided, 

That the amounts made available by this section are designated by 

Congress as being for an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177), as amended. 

SEC. 741. Funds made available by this Act under title II of the 

Food for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide assistance to recipient nations if adequate monitoring and controls, as determined by the Administrator of the U.S. Agency for 

International Development, are in place to ensure that emergency 

food aid is received by the intended beneficiaries in areas affected 

by food shortages and not diverted for unauthorized or inappropriate purposes. 

SEC. 742. None of the funds made available by this Act may be 

used to pay the salaries and expenses of personnel who provide nonrecourse marketing assistance loans for mohair under section 1201 

of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8731). 

SEC. 743. None of the funds made available by this Act may be 

used to implement an interim final or final rule regarding nutrition 

programs under the Richard B. Russell National School Lunch Act 

(42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 

U.S.C. 1771 et seq.) that— 

(1) requires crediting of tomato paste and puree based on 

volume; 

(2) implements a sodium reduction target beyond Target I, 

the 2-year target, specified in Notice of Proposed Rulemaking, 

‘‘Nutrition Standards in the National School Lunch and School 

Breakfast Programs’’ (FNS–2007–0038, RIN 0584–AD59) until 

the Secretary certifies that the Department has reviewed and 

evaluated relevant scientific studies and data relevant to the relationship of sodium reductions to human health; and 


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(3) establishes any whole grain requirement without defining ‘‘whole grain.’’ 

SEC. 744. For fiscal year 2012, section 363 of the Consolidated 

Farm and Rural Development Act (7 U.S.C. 2006e) shall not apply 

to any project funded under the community facilities programs authorized under such Act if such project is also subject to approval 

of a permit issued under section 404 of the Federal Water Pollution 

Control Act (33 U.S.C. 1344). 

SEC. 745. None of the funds made available by this Act may be 

used by the Secretary of Agriculture to provide direct payments 

under section 1103 or 1303 of the Food, Conservation, and Energy 

Act of 2008 (7 U.S.C. 8713, 8753) to any person or legal entity that 

has an average adjusted gross income (as defined in section 1001D 

of the Food Security Act of 1985 (7 U.S.C. 1308–3a)) in excess of 

$1,000,000. 

SEC. 746. None of the funds made available by this Act may be 

used to implement an interim final or final rule that— 

(1) sets any maximum limits on the serving of vegetables in 

school meal programs established under the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1751 et seq.) and by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); or 

(2) is inconsistent with the recommendations of the most recent Dietary Guidelines for Americans for vegetables. 

SEC. 747. For 2012 and subsequent fiscal years— 

(1) Any balances to carry out a housing demonstration program to provide revolving loans for the preservation of low-income multi-family housing projects as authorized in Public Law 

108–447 and Public Law 109–97 and a demonstration program 

for the preservation and revitalization of the section 515 multifamily 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 

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ances from the Rural Development, Rural Community Advancement Program account that the Secretary determines are appropriate to transfer. 

SEC. 748. In addition to amounts otherwise made available by 

this Act, there is appropriated to implement the Water Bank Act (16 

U.S.C. 1301–1311) $7,500,000, to remain available until expended: 

Provided, That, notwithstanding section 6 of such Act (16 U.S.C. 

1305), agreements entered into with funds provided under this section shall not be renewed: Provided further, That, in utilizing funds 

provided under this section, the Secretary of Agriculture may waive 

the percentage limitation in the last sentence of section 11 of such 

Act (16 U.S.C. 1310) to ensure efficient administration of the program authorized by such Act: Provided further, That flooded agricultural lands, as determined by the Secretary, shall be eligible to 

be enrolled in the program. 

This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012’’. 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND 

RELATED AGENCIES 

TITLE I 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of the 

Department of Commerce provided for by law, and for engaging in 

trade promotional activities abroad, including expenses of grants 

and cooperative agreements for the purpose of promoting exports of 

United States firms, without regard to 44 U.S.C. 3702 and 3703; 

full medical coverage for dependent members of immediate families 

of employees stationed overseas and employees temporarily posted 

overseas; travel and transportation of employees of the International 

Trade Administration between two points abroad, without regard to 

49 U.S.C. 40118; employment of Americans and aliens by contract 

for services; rental of space abroad for periods not exceeding 10 

years, and expenses of alteration, repair, or improvement; purchase 

or construction of temporary demountable exhibition structures for 

use abroad; payment of tort claims, in the manner authorized in the 

first paragraph of 28 U.S.C. 2672 when such claims arise in foreign 

countries; not to exceed $294,300 for official representation expenses 

abroad; purchase of passenger motor vehicles for official use abroad, 

not to exceed $45,000 per vehicle; obtaining insurance on official 

motor vehicles; and rental of tie lines, $465,000,000, to remain 

available until September 30, 2013, of which $9,439,000 is to be derived from fees to be retained and used by the International Trade 

Administration, notwithstanding 31 U.S.C. 3302: Provided, That 

not less than $48,854,000 shall be for Manufacturing and Services; 

not less than $42,623,000 shall be for Market Access and Compliance; not less than $67,358,000 shall be for the Import Administration; not less than $269,804,000 shall be for trade promotion and 


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the United States and Foreign Commercial Service; and not less 

than $26,922,000 shall be for Executive Direction and Administration: Provided further, That not less than $7,000,000 shall be for 

the Office of China Compliance, and not less than $4,400,000 shall 

be for the China Countervailing Duty Group: Provided further, That 

the provisions of the first sentence of section 105(f) and all of section 

108(c) of the Mutual Educational and Cultural Exchange Act of 

1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out 

these activities without regard to section 5412 of the Omnibus Trade 

and Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the 

purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include 

payment for assessments for services provided as part of these activities. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national 

security activities of the Department of Commerce, including costs 

associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services 

abroad; payment of tort claims, in the manner authorized in the 

first paragraph of 28 U.S.C. 2672 when such claims arise in foreign 

countries; not to exceed $13,500 for official representation expenses 

abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); 

and purchase of passenger motor vehicles for official use and motor 

vehicles for law enforcement use with special requirement vehicles 

eligible for purchase without regard to any price limitation otherwise established by law, $101,000,000, to remain available until expended: Provided, That the provisions of the first sentence of section 

105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 

apply in carrying out these activities: Provided further, That payments and contributions collected and accepted for materials or 

services provided as part of such activities may be retained for use 

in covering the cost of such activities, and for providing information 

to the public with respect to the export administration and national 

security activities of the Department of Commerce and other export 

control programs of the United States and other governments. 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided by 

the Public Works and Economic Development Act of 1965, for trade 

adjustment assistance, for the cost of loan guarantees authorized by 

section 26 of the Stevenson-Wydler Technology Innovation Act of 

1980 (15 U.S.C. 3721), and for grants and loan guarantees authorized by section 27 of the Stevenson-Wydler Technology Innovation 

Act of 1980 (15 U.S.C. 3722), $220,000,000, to remain available 

until expended; of which $5,000,000 shall be for projects to facilitate 


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the relocation, to the United States, of a source of employment located outside the United States; of which up to $5,000,000 shall be 

for loan guarantees under section 26; and of which up to $5,000,000 

shall be for loan guarantees and grants under section 27: Provided, 

That the costs for loan guarantees, including the cost of modifying 

such loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974: Provided further, That these funds for loan 

guarantees under such sections 26 and 27 combined are available 

to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $70,000,000. 

Pursuant to section 703 of the Public Works and Economic Development Act (42 U.S.C. 3233), for an additional amount for ‘‘Economic Development Assistance Programs’’ for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure in areas that received a major disaster designation in 

2011 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $200,000,000, to remain available until expended: Provided, That such amount is designated by Congress as being for disaster relief pursuant to section 

251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $37,500,000: Provided, That these funds may be used to monitor projects approved 

pursuant to title I of the Public Works Employment Act of 1976, title 

II of the Trade Act of 1974, and the Community Emergency Drought 

Relief Act of 1977. 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with 

public or private organizations, $30,339,000. 

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic and 

statistical analysis programs of the Department of Commerce, 

$96,000,000. 

BUREAU OF THE CENSUS

SALARIES AND EXPENSES

For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, 

$253,336,000: Provided, That from amounts provided herein, funds 

may be used for promotion, outreach, and marketing activities. 


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PERIODIC CENSUSES AND PROGRAMS

For necessary expenses to collect and publish statistics for peri- odic censuses and programs provided for by law, $690,000,000, to 

remain available until September 30, 2013: Provided, That 

$635,000,000 is appropriated from the general fund and 

$55,000,000 is derived from available unobligated balances from 

the Census Working Capital Fund: Provided further, That from 

amounts provided herein, funds may be used for promotion, outreach, and marketing activities: Provided further, That within the 

amounts appropriated, $1,000,000 shall be transferred to the ‘‘Office 

of Inspector General’’ account for activities associated with carrying 

out investigations and audits related to the Bureau of the Census. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National 

Telecommunications and Information Administration (NTIA), 

$45,568,000: Provided, That, notwithstanding 31 U.S.C. 1535(d), 

the Secretary of Commerce shall charge Federal agencies for costs 

incurred in spectrum management, analysis, operations, and related 

services, and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until 

expended: Provided further, That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies 

for all costs incurred in telecommunications research, engineering, 

and related activities by the Institute for Telecommunication 

Sciences of NTIA, in furtherance of its assigned functions under this 

paragraph, and such funds received from other Government agencies shall remain available until expended. 

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

For the administration of prior-year grants, recoveries and unobligated balances of funds previously appropriated are available 

for the administration of all open grants until their expiration. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of 

suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $2,706,313,000 to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections of fees and surcharges assessed and collected by the USPTO 

under any law are received during fiscal year 2012, so as to result 

in a fiscal year 2012 appropriation from the general fund estimated 

at $0: Provided further, That during fiscal year 2012, should the 


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total amount of such offsetting collections be less than 

$2,706,313,000 this amount shall be reduced accordingly: Provided 

further, That any amount received in excess of $2,706,313,000 in fiscal year 2012 and deposited in the Patent and Trademark Fee Reserve Fund shall remain available until expended: Provided further, 

That the Director of USPTO shall submit a spending plan to the 

Committees on Appropriations of the House of Representatives and 

the Senate for any amounts made available by the preceding proviso 

and such spending plan shall be treated as a reprogramming under 

section 505 of this Act and shall not be available for obligation or 

expenditure except in compliance with the procedures set forth in 

that section: Provided further, That from amounts provided herein, 

not to exceed $900 shall be made available in fiscal year 2012 for 

official reception and representation expenses: Provided further, 

That in fiscal year 2012 from the amounts made available for ‘‘Salaries and Expenses’’ for the USPTO, the amounts necessary to pay 

(1) the difference between the percentage of basic pay contributed by 

the USPTO and employees under section 8334(a) of title 5, United 

States Code, and the normal cost percentage (as defined by section 

8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO’s specific use, of basic pay, of employees 

subject to subchapter III of chapter 83 of that title, and (2) the 

present value of the otherwise unfunded accruing costs, as determined by OPM for USPTO’s specific use of post-retirement life insurance and post-retirement health benefits coverage for all USPTO 

employees who are enrolled in Federal Employees Health Benefits 

(FEHB) and Federal Employees Group Life Insurance (FEGLI), 

shall be transferred to the Civil Service Retirement and Disability 

Fund, the Employees Life Insurance Fund, and the Employees 

Health Benefits Fund, as appropriate, and shall be available for the 

authorized purposes of those accounts: Provided further, That any 

differences between the present value factors published in OPM’s 

yearly 300 series benefit letters and the factors that OPM provides 

for USPTO’s specific use shall be recognized as an imputed cost on 

USPTO’s financial statements, where applicable: Provided further, 

That, notwithstanding any other provision of law, all fees and surcharges assessed and collected by USPTO are available for USPTO 

only pursuant to section 42(c) of title 35, United States Code, as 

amended by section 22 of the Leahy-Smith America Invents Act 

(Public Law 112–29): Provided further, That within the amounts 

appropriated, $1,000,000 shall be transferred to the ‘‘Office of Inspector General’’ account for activities associated with carrying out 

investigations and audits related to the USPTO. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For necessary expenses of the National Institute of Standards 

and Technology, $567,000,000, to remain available until expended, 

of which not to exceed $9,000,000 may be transferred to the ‘‘Working Capital Fund’’: Provided, That not to exceed $5,000 shall be for 

official reception and representation expenses. 


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INDUSTRIAL TECHNOLOGY SERVICES

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

CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance 

of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by 15 U.S.C. 278c– 

278e, $55,381,000, to remain available until expended: Provided, 

That the Secretary of Commerce shall include in the budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the 

budget of the President under section 1105(a) of title 31, United 

States Code) an estimate for each National Institute of Standards 

and Technology construction project having a total multi-year program cost of more than $5,000,000 and simultaneously the budget 

justification materials shall include an estimate of the budgetary requirements for each such project for each of the five subsequent fiscal years. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of activities authorized by law for the 

National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes 

of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,022,231,000, to remain available until September 30, 2013, except that funds provided for cooperative enforcement shall remain available until September 30, 2014: Provided, 

That fees and donations received by the National Ocean Service for 

the management of national marine sanctuaries may be retained 

and used for the salaries and expenses associated with those activities, notwithstanding 31 U.S.C. 3302: Provided further, That in addition, $109,098,000 shall be derived by transfer from the fund entitled ‘‘Promote and Develop Fishery Products and Research Pertaining to American Fisheries’’: Provided further, That of the 

$3,139,329,000 provided for in direct obligations under this heading 

$3,022,231,000 is appropriated from the general fund, $109,098,000 

is provided by transfer and $8,000,000 is derived from recoveries of 

prior year obligations: Provided further, That the total amount 

available for National Oceanic and Atmospheric Administration 

corporate services administrative support costs shall not exceed 

$230,738,000, of which $5,000,000 shall not be available until the 

Administrator provides the Committees on Appropriations of the 

House of Representatives and the Senate with revised and detailed 

lifecycle costs of all satellite programs funded under the ‘‘Procurement, Acquisition and Construction’’ account: Provided further, 

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ties in the statement accompanying this Act, or any use of 

deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 

505 of this Act: Provided further, That in allocating grants under 

sections 306 and 306A of the Coastal Zone Management Act of 

1972, as amended, no coastal State shall receive more than 5 percent or less than 1 percent of increased funds appropriated over the 

previous fiscal year. 

In addition, for necessary retired pay expenses under the Retired Serviceman’s Family Protection and Survivor Benefits Plan, 

and for payments for the medical care of retired personnel and their 

dependents under the Dependents Medical Care Act (10 U.S.C. 55), 

such sums as may be necessary. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For procurement, acquisition and construction of capital assets, 

including alteration and modification costs, of the National Oceanic 

and Atmospheric Administration, $1,817,094,000, to remain available until September 30, 2014, except that funds provided for construction of facilities shall remain available until expended: Provided, That of the $1,825,094,000 provided for in direct obligations 

under this heading, $1,817,094,000 is appropriated from the general 

fund and $8,000,000 is provided from recoveries of prior year obligations: Provided further, That any deviation from the amounts 

designated for specific activities in the statement accompanying this 

Act, or any use of deobligated balances of funds provided under this 

heading in previous years, shall be subject to the procedures set 

forth in section 505 of this Act: Provided further, That the Secretary 

of Commerce shall include in budget justification materials that the 

Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under 

section 1105(a) of title 31, United States Code) an estimate for each 

National Oceanic and Atmospheric Administration procurement, acquisition or construction project having a total of more than 

$5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such 

project for each of the 5 subsequent fiscal years: Provided further, 

That, within the amounts appropriated, $1,000,000 shall be transferred to the ‘‘Office of Inspector General’’ account for activities associated with carrying out investigations and audits related to satellite procurement, acquisition and construction. 

PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of Pacific 

salmon populations, $65,000,000, to remain available until September 30, 2013: Provided, That of the funds provided herein the 

Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and federally recognized tribes of the Columbia River and Pacific Coast (including Alaska) for projects necessary for conservation of salmon 

and steelhead populations that are listed as threatened or endangered, or identified by a State as at-risk to be so-listed, for maintaining populations necessary for exercise of tribal treaty fishing 

rights or native subsistence fishing, or for conservation of Pacific 


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coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce: Provided further, That all 

funds shall be allocated based on scientific and other merit principles and shall not be available for marketing activities: Provided 

further, That funds disbursed to States shall be subject to a matching requirement of funds or documented in-kind contributions of at 

least 33 percent of the Federal funds. 

FISHERMEN’S CONTINGENCY FUND

For carrying out the provisions of title IV of Public Law 95– 

372, not to exceed $350,000, to be derived from receipts collected 

pursuant to that Act, to remain available until expended. 

FISHERIES FINANCE PROGRAM ACCOUNT

Subject to section 502 of the Congressional Budget Act of 1974, 

during fiscal year 2012, obligations of direct loans may not exceed 

$24,000,000 for Individual Fishing Quota loans and not to exceed 

$59,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936: Provided, That none of the funds made 

available under this heading may be used for direct loans for any 

new fishing vessel that will increase the harvesting capacity in any 

United States fishery. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For expenses necessary for the departmental management of the 

Department of Commerce provided for by law, including not to exceed $4,500 for official reception and representation, $57,000,000: 

Provided, That the Secretary of Commerce shall establish a task 

force on job repatriation and manufacturing growth and shall 

produce a report on related incentive strategies and implementation 

plans. 

RENOVATION AND MODERNIZATION

For expenses necessary, including blast windows, for the renovation and modernization of Department of Commerce facilities, 

$5,000,000, to remain available until expended. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 

U.S.C. App.), $26,946,000. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING RESCISSION)

SEC. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by 

this Act shall be available for the activities specified in the Act of 

October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner 

prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be 

used for advanced payments not otherwise authorized only upon the 


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certification of officials designated by the Secretary of Commerce 

that such payments are in the public interest. 

SEC. 102. During the current fiscal year, appropriations made 

available to the Department of Commerce by this Act for salaries 

and expenses shall be available for hire of passenger motor vehicles 

as authorized by 31 U.S.C. 1343 and 1344; services as authorized 

by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902). 

SEC. 103. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Commerce 

in this Act may be transferred between such appropriations, but no 

such appropriation shall be increased by more than 10 percent by 

any such transfers: Provided, That any transfer pursuant to this 

section shall be treated as a reprogramming of funds under section 

505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify 

the Committees on Appropriations at least 15 days in advance of the 

acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or 

any other law appropriating funds for the Department of Commerce. 

SEC. 104. Any costs incurred by a department or agency funded 

under this title resulting from personnel actions taken in response 

to funding reductions included in this title or from actions taken for 

the care and protection of loan collateral or grant property shall be 

absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds 

between appropriations accounts as may be necessary to carry out 

this section is provided in addition to authorities included elsewhere 

in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 

of this Act and shall not be available for obligation or expenditure 

except in compliance with the procedures set forth in that section. 

SEC. 105. (a) For purposes of this section— 

(1) the term ‘‘Under Secretary’’ means Under Secretary of 

Commerce for Oceans and Atmosphere; 

(2) the term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the 

Senate; and 

(B) the Committee on Appropriations and the Committee on Science, Space and Technology of the House of 

Representatives; 

(3) the term ‘‘satellite’’ means the satellites proposed to be 

acquired for the National Oceanic and Atmospheric Administration (NOAA); 

(4) the term ‘‘development’’ means the phase of a program 

following the formulation phase and beginning with the approval to proceed to implementation, as defined in NOAA Administrative Order 216–108, Department of Commerce Administrative Order 208–3, and NASA’s Procedural Requirements 

7120.5c, dated March 22, 2005; 

(5) the term ‘‘development cost’’ means the total of all costs, 

including construction of facilities and civil servant costs, from 


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the period beginning with the approval to proceed to implementation through the achievement of operational readiness, without regard to funding source or management control, for the life 

of the program; 

(6) the term ‘‘life-cycle cost’’ means the total of the direct, 

indirect, recurring, and nonrecurring costs, including the construction of facilities and civil servant costs, and other related 

expenses incurred or estimated to be incurred in the design, development, verification, production, operation, maintenance, 

support, and retirement of a program over its planned lifespan, 

without regard to funding source or management control; 

(7) the term ‘‘major program’’ means an activity approved 

to proceed to implementation that has an estimated life-cycle 

cost of more than $250,000,000; and 

(8) the term ‘‘baseline’’ means the program as set following 

contract award and preliminary design review of the space and 

ground systems. 

(b)(1) NOAA shall not enter into a contract for development of 

a major program, unless the Under Secretary determines that— 

(A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed 

a plan to manage those risks; 

(B) the technologies required for the program have been 

demonstrated in a relevant laboratory or test environment; 

(C) the program complies with all relevant policies, 

regulations, and directives of NOAA and the Department of 

Commerce; 

(D) the program has demonstrated a high likelihood of 

accomplishing its intended goals; and 

(E) the acquisition of satellites for use in the program 

represents a good value to accomplishing NOAA’s mission. 

(2) The Under Secretary shall transmit a report describing 

the basis for the determination required under paragraph (1) to 

the appropriate congressional committees at least 30 days before 

entering into a contract for development under a major program. 

(3) The Under Secretary may not delegate the determination requirement under this subsection, except in cases in which 

the Under Secretary has a conflict of interest. 

(c)(1) Annually, at the same time as the President’s annual 

budget submission to the Congress, the Under Secretary shall transmit to the appropriate congressional committees a report that includes the information required by this section for the satellite development program for which NOAA proposes to expend funds in 

the subsequent fiscal year. The report under this paragraph shall be 

known as the Major Program Annual Report. 

(2) The first Major Program Annual Report for NOAA’s satellite development program shall include a Baseline Report that 

shall, at a minimum, include— 

(A) the purposes of the program and key technical 

characteristics necessary to fulfill those purposes; 

(B) an estimate of the life-cycle cost for the program, 

with a detailed breakout of the development cost, program 

reserves, and an estimate of the annual costs until development is completed; 


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(C) the schedule for development, including key program milestones; 

(D) the plan for mitigating technical, cost, and schedule risks identified in accordance with subsection (b)(1)(A); 

and 

(E) the name of the person responsible for making notifications under subsection (d), who shall be an individual 

whose primary responsibility is overseeing the program. 

(3) For the major program for which a Baseline Report has 

been submitted, subsequent Major Program Annual Reports 

shall describe any changes to the information that had been 

provided in the Baseline Report, and the reasons for those 

changes. 

(d)(1) The individual identified under subsection (c)(2)(E) shall 

immediately notify the Under Secretary any time that individual 

has reasonable cause to believe that, for the major program for 

which he or she is responsible, the development cost of the program 

has exceeded the estimate provided in the Baseline Report of the 

program by 20 percent or more. 

(2) Not later than 30 days after the notification required 

under paragraph (1), the individual identified under subsection 

(c)(2)(E) shall transmit to the Under Secretary a written notification explaining the reasons for the change in the cost of the 

program for which notification was provided under paragraph 

(1). 

(3) Not later than 15 days after the Under Secretary receives a written notification under paragraph (2), the Under 

Secretary shall transmit the notification to the appropriate congressional committees. 

(e) Not later than 30 days after receiving a written notification 

under subsection (d)(2), the Under Secretary shall determine whether the development cost of the program has exceeded the estimate 

provided in the Baseline Report of the program by 20 percent or 

more. If the determination is affirmative, the Under Secretary 

shall— 

(1) transmit to the appropriate congressional committees, 

not later than 15 days after making the determination, a report 

that includes— 

(A) a description of the increase in cost and a detailed 

explanation for the increase; 

(B) a description of actions taken or proposed to be 

taken in response to the cost increase; and 

(C) a description of any impacts the cost increase, or 

the actions described under subparagraph (B), will have on 

any other program within NOAA; and 

(2) if the Under Secretary intends to continue with the program, promptly initiate an analysis of the program, which shall 

include, at a minimum— 

(A) the projected cost and schedule for completing the 

program if current requirements of the program are not 

modified; 

(B) the projected cost and the schedule for completing 

the program after instituting the actions described under 

paragraph (1)(B); and 


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(C) a description of, and the projected cost and schedule for, a broad range of alternatives to the program. 

(f) NOAA shall complete an analysis initiated under paragraph 

(2) not later than 6 months after the Under Secretary makes a determination under this subsection. The Under Secretary shall transmit 

the analysis to the appropriate congressional committees not later 

than 30 days after its completion. 

SEC. 106. Notwithstanding any other law, the Secretary may 

furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, 

maintenance, and improvement of space that persons, firms or organizations are authorized pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the 

maintenance, operation, and protection of which has been delegated 

to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 

1949, as amended, on a reimbursable or non-reimbursable basis. 

Amounts received as reimbursement for services provided under this 

section or the authority under which the use or occupancy of the 

space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services. 

SEC. 107. Nothing in this title shall be construed to prevent a 

grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. 

SEC. 108. The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, 

with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of 

any department, agency or instrumentality of the United States, or 

of any State, local government, Indian tribal government, Territory 

or possession, or of any political subdivision thereof, or of any foreign government or international organization for purposes related 

to carrying out the responsibilities of any statute administered by 

the National Oceanic and Atmospheric Administration. 

(RESCISSION)

SEC. 109. All balances in the Coastal Zone Management Fund, 

whether unobligated or unavailable, are hereby permanently rescinded, and notwithstanding section 308(b) of the Coastal Zone 

Management Act of 1972, as amended (16 U.S.C. 1456a), any future 

payments to the Fund made pursuant to sections 307 (16 U.S.C. 

1456) and 308 (16 U.S.C. 1456a) of the Coastal Zone Management 

Act of 1972, as amended, shall, in this fiscal year and any future 

fiscal years, be treated in accordance with the Federal Credit Reform Act of 1990, as amended. 

SEC. 110. There is established in the Treasury a non-interest 

bearing fund to be known as the ‘‘Fisheries Enforcement Asset Forfeiture Fund’’, which shall consist of all sums received as fines, penalties, and forfeitures of property for violations of any provisions of 

16 U.S.C. chapter 38 or of any other marine resource law enforced 

by the Secretary of Commerce, including the Lacey Act Amendments 

of 1981 (16 U.S.C. 3371 et seq.) and with the exception of collections 

pursuant to 16 U.S.C. 1437, which are currently deposited in the 

Operations, Research, and Facilities account: Provided, That all unVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00055 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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obligated balances that have been collected pursuant to 16 U.S.C. 

1861 or any other marine resource law enforced by the Secretary of 

Commerce with the exception of 16 U.S.C. 1437 shall be transferred 

from the Operations, Research, and Facilities account into the Fisheries Enforcement Asset Forfeiture Fund and shall remain available 

until expended. 

SEC. 111. There is established in the Treasury a non-interest 

bearing fund to be known as the ‘‘Sanctuaries Enforcement Asset 

Forfeiture Fund’’, which shall consist of all sums received as fines, 

penalties, and forfeitures of property for violations of any provisions 

of 16 U.S.C. chapter 38, which are currently deposited in the Operations, Research, and Facilities account: Provided, That all unobligated balances that have been collected pursuant to 16 U.S.C. 1437 

shall be transferred from the Operations, Research, and Facilities 

account into the Sanctuaries Enforcement Asset Forfeiture Fund 

and shall remain available until expended. 

SEC. 112. The Department of Commerce shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate, beginning with October 2011 data, on 

any official travel to China by any employee of the U.S. Department 

of Commerce, including the purpose of such travel. 

SEC. 113. (a) The U.S. Participating Territories of the Commission for the Conservation and Management of Highly Migratory 

Fish Stocks in the Western and Central Pacific Ocean (‘‘Commission’’) are each authorized to use, assign, allocate, and manage 

catch limits of highly migratory fish stocks, or fishing effort limits, 

agreed to by the Commission through arrangements with U.S. vessels with permits issued under the Pelagics Fishery Management 

Plan of the Western Pacific Region. Vessels under such arrangements are integral to the domestic fisheries of the U.S. Participating 

Territories provided that such arrangements shall impose no requirements regarding where such vessels must fish or land their 

catch and shall be funded by deposits to the Western Pacific Sustainable Fisheries Fund in support of fisheries development projects 

identified in a Territory’s Marine Conservation Plan and adopted 

pursuant to section 204 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1824). The Secretary of Commerce shall attribute catches made by vessels operating under such 

arrangements to the U.S. Participating Territories for the purposes 

of annual reporting to the Commission. 

(b) The Western Pacific Regional Fisheries Management Council— 

(1) is authorized to accept and deposit into the Western Pacific Sustainable Fisheries Fund funding for arrangements pursuant to subsection (a); 

(2) shall use amounts deposited under paragraph (1) that 

are attributable to a particular U.S. Participating Territory 

only for implementation of that Territory’s Marine Conservation 

Plan adopted pursuant to section 204 of the Magnuson-Stevens 

Fishery Conservation and Management Act (16 U.S.C. 1824); 

and 

(3) shall recommend an amendment to the Pelagics Fishery 

Management Plan for the Western Pacific Region, and associated regulations, to implement this section. 


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(c) Subsection (a) shall remain in effect until the earlier of December 31, 2012, or such time as— 

(1) the Western Pacific Regional Fishery Management 

Council recommends an amendment to the Pelagics Fishery 

Management Plan for the Western Pacific Region, and implementing regulations, to the Secretary of Commerce that authorize use, assignment, allocation, and management of catch limits 

of highly migratory fish stocks, or fishing effort limits, established by the Commission and applicable to U.S. Participating 

Territories; 

(2) the Secretary of Commerce approves the amendment as 

recommended; and 

(3) such implementing regulations become effective. 

This title may be cited as the ‘‘Department of Commerce Appropriations Act, 2012’’. 

TITLE II 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $110,822,000, of which not to exceed $4,000,000 for 

security and construction of Department of Justice facilities shall remain available until expended. 

NATIONAL DRUG INTELLIGENCE CENTER

For necessary expenses of the National Drug Intelligence Center, 

$20,000,000. 

JUSTICE INFORMATION SHARING TECHNOLOGY

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

TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

For the costs of developing and implementing communications 

systems supporting Federal law enforcement and for the costs of operations and maintenance of existing Land Mobile Radio legacy systems, $87,000,000, to remain available until expended: Provided, 

That the Attorney General shall transfer to this account all funds 

made available to the Department of Justice for the purchase of 

portable and mobile radios: Provided further, That any transfer 

pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for 

obligation or expenditure except in compliance with the procedures 

set forth in that section. 


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ADMINISTRATIVE REVIEW AND APPEALS

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the administration of pardon and 

clemency petitions and immigration-related activities, $305,000,000, 

of which $4,000,000 shall be derived by transfer from the Executive 

Office for Immigration Review fees deposited in the ‘‘Immigration 

Examinations Fee’’ account. 

DETENTION TRUSTEE

For necessary expenses of the Federal Detention Trustee, 

$1,580,595,000, to remain available until expended: Provided, That 

the Trustee shall be responsible for managing the Justice Prisoner 

and Alien Transportation System: Provided further, That not to exceed $20,000,000 shall be considered ‘‘funds appropriated for State 

and local law enforcement assistance’’ pursuant to 18 U.S.C. 

4013(b). 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, 

$84,199,000, including not to exceed $10,000 to meet unforeseen 

emergencies of a confidential character. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission 

as authorized, $12,833,000. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department 

of Justice, not otherwise provided for, including not to exceed 

$20,000 for expenses of collecting evidence, to be expended under the 

direction of, and to be accounted for solely under the certificate of, 

the Attorney General; and rent of private or Government-owned 

space in the District of Columbia, $863,367,000, of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended: Provided, That of the total amount appropriated, not to exceed $9,000 shall be available to INTERPOL 

Washington for official reception and representation expenses: Provided further, That notwithstanding section 205 of this Act, upon a 

determination by the Attorney General that emergent circumstances 

require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to ‘‘Salaries 

and Expenses, General Legal Activities’’ from available appropriations for the current fiscal year for the Department of Justice, as 

may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the previous proviso shall be 

treated as a reprogramming under section 505 of this Act and shall 

not be available for obligation or expenditure except in compliance 

with the procedures set forth in that section: Provided further, That 


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of the amount appropriated, such sums as may be necessary shall 

be available to reimburse the Office of Personnel Management for 

salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 (42 U.S.C. 

1973f): Provided further, That of the amounts provided under this 

heading for the election monitoring program, $3,390,000 shall remain available until expended. 

In addition, for reimbursement of expenses of the Department of 

Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. 

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and kindred laws, $159,587,000, to remain available until expended: Provided, That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino 

Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of 

the year of collection (and estimated to be $108,000,000 in fiscal 

year 2012), shall be retained and used for necessary expenses in this 

appropriation, and shall remain available until expended: Provided 

further, That the sum herein appropriated from the general fund 

shall be reduced as such offsetting collections are received during 

fiscal year 2012, so as to result in a final fiscal year 2012 appropriation from the general fund estimated at $51,587,000. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, 

$1,960,000,000: Provided, That of the total amount appropriated, 

not to exceed $7,200 shall be available for official reception and representation expenses: Provided further, That not to exceed 

$25,000,000 shall remain available until expended: Provided further, That each United States Attorney shall establish or participate 

in a United States Attorney-led task force on human trafficking. 

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program, 

as authorized, $223,258,000, to remain available until expended 

and to be derived from the United States Trustee System Fund: Provided, That notwithstanding any other provision of law, deposits to 

the Fund shall be available in such amounts as may be necessary 

to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, $223,258,000 of offsetting collections pursuant to 28 U.S.C. 589a(b) shall be retained and used 

for necessary expenses in this appropriation and shall remain available until expended: Provided further, That the sum herein appropriated from the Fund shall be reduced as such offsetting collections 

are received during fiscal year 2012, so as to result in a final fiscal 

year 2012 appropriation from the Fund estimated at $0. 


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SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign 

Claims Settlement Commission, including services as authorized by 

section 3109 of title 5, United States Code, $2,000,000. 

FEES AND EXPENSES OF WITNESSES

For fees and expenses of witnesses, for expenses of contracts for 

the procurement and supervision of expert witnesses, for private 

counsel expenses, including advances, and for expenses of foreign 

counsel, $270,000,000, to remain available until expended, of which 

not to exceed $10,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase 

and maintenance of armored and other vehicles for witness security 

caravans; and not to exceed $11,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications 

equipment and a secure automated information network to store 

and retrieve the identities and locations of protected witnesses. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

For necessary expenses of the Community Relations Service, 

$11,456,000: Provided, That notwithstanding section 205 of this 

Act, upon a determination by the Attorney General that emergent 

circumstances require additional funding for conflict resolution and 

violence prevention activities of the Community Relations Service, 

the Attorney General may transfer such amounts to the Community 

Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer 

pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for 

obligation or expenditure except in compliance with the procedures 

set forth in that section. 

ASSETS FORFEITURE FUND

For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), 

$20,948,000, to be derived from the Department of Justice Assets 

Forfeiture Fund. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Marshals Service, 

$1,174,000,000; of which not to exceed $10,000,000 shall be available for necessary expenses for increased deputy marshals and staff 

related to border enforcement initiatives, not to exceed $6,000 shall 

be available for official reception and representation expenses, and 

not to exceed $15,000,000 shall remain available until expended. 

CONSTRUCTION

For construction in space controlled, occupied or utilized by the 

United States Marshals Service for prisoner holding and related 

support, $15,000,000, to remain available until expended, of which 


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not to exceed $8,250,000 shall be available for detention upgrades 

at Federal courthouses to support border enforcement initiatives. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

For expenses necessary to carry out the activities of the National 

Security Division, $87,000,000; of which not to exceed $5,000,000 

for information technology systems shall remain available until expended: Provided, That notwithstanding section 205 of this Act, 

upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such 

amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary 

to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the identification, investigation, and 

prosecution of individuals associated with the most significant drug 

trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with 

State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime 

drug trafficking, $527,512,000, of which $50,000,000 shall remain 

available until expended: Provided, That any amounts obligated 

from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation 

for detection, investigation, and prosecution of crimes against the 

United States, $8,036,991,000, of which not to exceed $150,000,000 

shall remain available until expended: Provided, That not to exceed 

$184,500 shall be available for official reception and representation 

expenses. 

CONSTRUCTION

For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities and sites by purchase, 

or as otherwise authorized by law; conversion, modification and extension of Federally-owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work enVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00061 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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vironment facilities and secure networking capabilities; 

$80,982,000, to remain available until expended. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies 

of a confidential character pursuant to 28 U.S.C. 530C; and expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the 

goals of such programs, $2,025,000,000; of which not to exceed 

$75,000,000 shall remain available until expended and not to exceed $90,000 shall be available for official reception and representation expenses. 

CONSTRUCTION

For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings and of the operation and maintenance of secure work environment facilities and secure networking 

capabilities, $10,000,000, to remain available until expended. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimbursement, including training in 

connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory 

assistance to State and local law enforcement agencies, with or 

without reimbursement, $1,152,000,000, of which not to exceed 

$36,000 shall be for official reception and representation expenses, 

not to exceed $1,000,000 shall be available for the payment of attorneys’ fees as provided by section 924(d)(2) of title 18, United States 

Code, and not to exceed $15,000,000 shall remain available until expended: Provided, That no funds appropriated herein or hereafter 

shall be available for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of 

Justice, the records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees: Provided further, That no funds appropriated herein shall be used to 

pay administrative expenses or the compensation of any officer or 

employee of the United States to implement an amendment or 

amendments to 27 CFR 478.118 or to change the definition of ‘‘Curios or relics’’ in 27 CFR 478.11 or remove any item from ATF Publication 5300.11 as it existed on January 1, 1994: Provided further, 

That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms 

disabilities under 18 U.S.C. 925(c): Provided further, That such 

funds shall be available to investigate and act upon applications 

filed by corporations for relief from Federal firearms disabilities 


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under section 925(c) of title 18, United States Code: Provided further, That no funds made available by this or any other Act may 

be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies 

or Departments: Provided further, That, during the current fiscal 

year and in each fiscal year thereafter, no funds appropriated under 

this or any other Act may be used to disclose part or all of the contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and 

Explosives or any information required to be kept by licensees pursuant to section 923(g) of title 18, United States Code, or required 

to be reported pursuant to paragraphs (3) and (7) of such section, 

except to: (1) a Federal, State, local, or tribal law enforcement agency, or a Federal, State, or local prosecutor; or (2) a foreign law enforcement agency solely in connection with or for use in a criminal 

investigation or prosecution; or (3) a Federal agency for a national 

security or intelligence purpose; unless such disclosure of such data 

to any of the entities described in (1), (2) or (3) of this proviso would 

compromise the identity of any undercover law enforcement officer 

or confidential informant, or interfere with any case under investigation; and no person or entity described in (1), (2) or (3) shall 

knowingly and publicly disclose such data; and all such data shall 

be immune from legal process, shall not be subject to subpoena or 

other discovery, shall be inadmissible in evidence, and shall not be 

used, relied on, or disclosed in any manner, nor shall testimony or 

other evidence be permitted based on the data, in a civil action in 

any State (including the District of Columbia) or Federal court or 

in an administrative proceeding other than a proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives 

to enforce the provisions of chapter 44 of such title, or a review of 

such an action or proceeding; except that this proviso shall not be 

construed to prevent: (A) the disclosure of statistical information 

concerning total production, importation, and exportation by each 

licensed importer (as defined in section 921(a)(9) of such title) and 

licensed manufacturer (as defined in section 921(a)(10) of such 

title); (B) the sharing or exchange of such information among and 

between Federal, State, local, or foreign law enforcement agencies, 

Federal, State, or local prosecutors, and Federal national security, 

intelligence, or counterterrorism officials; or (C) the publication of 

annual statistical reports on products regulated by the Bureau of 

Alcohol, Tobacco, Firearms and Explosives, including total production, importation, and exportation by each licensed importer (as so 

defined) and licensed manufacturer (as so defined), or statistical aggregate data regarding firearms traffickers and trafficking channels, or firearms misuse, felons, and trafficking investigations: Provided further, That no funds made available by this or any other 

Act shall be expended to promulgate or implement any rule requiring a physical inventory of any business licensed under section 923 

of title 18, United States Code: Provided further, That, hereafter, no 

funds made available by this or any other Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 

923(g)(4) by name or any personal identification code: Provided further, That no funds authorized or made available under this or any 

other Act may be used to deny any application for a license under 

section 923 of title 18, United States Code, or renewal of such a liVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00063 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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cense due to a lack of business activity, provided that the applicant 

is otherwise eligible to receive such a license, and is eligible to report business income or to claim an income tax deduction for business expenses under the Internal Revenue Code of 1986. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, including purchase (not to exceed 835, of 

which 808 are for replacement only) and hire of law enforcement 

and passenger motor vehicles, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $6,551,281,000: Provided, That the Attorney General may 

transfer to the Health Resources and Services Administration such 

amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the Director of the Federal Prison System, where necessary, may enter into contracts with 

a fiscal agent or fiscal intermediary claims processor to determine 

the amounts payable to persons who, on behalf of the Federal Prison 

System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $5,400 shall be available for official reception and representation expenses: Provided further, That not to exceed $50,000,000 

shall remain available for necessary operations until September 30, 

2013: Provided further, That, of the amounts provided for contract 

confinement, not to exceed $20,000,000 shall remain available until 

expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 

501(c) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 

1522 note), for the care and security in the United States of Cuban 

and Haitian entrants: Provided further, That the Director of the 

Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-forprofit 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 


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shall be available to construct areas for inmate work programs: Provided, That labor of United States prisoners may be used for work 

performed under this appropriation. 

FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to 

make such contracts and commitments, without regard to fiscal year 

limitations as provided by section 9104 of title 31, United States 

Code, as may be necessary in carrying out the program set forth in 

the budget for the current fiscal year for such corporation, including 

purchase (not to exceed five for replacement only) and hire of passenger motor vehicles. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated shall be available for its administrative expenses, and for services as authorized by section 3109 of title 5, 

United States Code, to be computed on an accrual basis to be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting 

system requires to be capitalized or charged to cost of commodities 

acquired or produced, including selling and shipping expenses, and 

expenses in connection with acquisition, construction, operation, 

maintenance, improvement, protection, or disposition of facilities 

and other property belonging to the corporation or in which it has 

an interest. 

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, 

as authorized by the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. 3711 et seq.) (‘‘the 1968 Act’’); the Violent Crime 

Control and Law Enforcement Act of 1994 (Public Law 103–322) 

(‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 (Public 

Law 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies and 

Other Tools to end the Exploitation of Children Today Act of 2003 

(Public Law 108–21); the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 

106–386) (‘‘the 2000 Act’’); and the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109– 

162) (‘‘the 2005 Act’’); and for related victims services, $412,500,000, 

to remain available until expended: Provided, That except as otherwise provided by law, not to exceed 3 percent of funds made available under this heading may be used for expenses related to evaluaVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00065 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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tion, training, and technical assistance: Provided further, That of 

the amount provided— (1) $189,000,000 is for grants to combat violence against 

women, as authorized by part T of the 1968 Act; (2) $25,000,000 is for transitional housing assistance 

grants for victims of domestic violence, stalking or sexual assault as authorized by section 40299 of the 1994 Act; (3) $3,000,000 is for the National Institute of Justice for research and evaluation of violence against women and related 

issues addressed by grant programs of the Office on Violence 

Against Women; (4) $10,000,000 is for a grant program to provide services 

to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance 

to children and youth exposed to such violence; programs to engage men and youth in preventing such violence; and assistance 

to middle and high school students through education and 

other services related to such violence: Provided, That unobligated balances available for the programs authorized by sections 41201, 41204, 41303 and 41305 of the 1994 Act shall be 

available for this program: Provided further, That 10 percent of 

the total amount available for this grant program shall be 

available for grants under the program authorized by section 

2015 of the 1968 Act; (5) $50,000,000 is for grants to encourage arrest policies as authorized by part U of the 1968 Act, of which $4,000,000 is 

for a homicide reduction initiative; (6) $23,000,000 is for sexual assault victims assistance, as 

authorized by section 41601 of the 1994 Act; (7) $34,000,000 is for rural domestic violence and child 

abuse enforcement assistance grants, as authorized by section 

40295 of the 1994 Act; (8) $9,000,000 is for grants to reduce violent crimes against 

women on campus, as authorized by section 304 of the 2005 

Act; 

(9) $41,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act; 

(10) $4,250,000 is for enhanced training and services to end 

violence against and abuse of women in later life, as authorized 

by section 40802 of the 1994 Act; 

(11) $11,500,000 is for the safe havens for children program, as authorized by section 1301 of the 2000 Act; 

(12) $5,750,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act; 

(13) $4,500,000 is for the court training and improvements 

program, as authorized by section 41002 of the 1994 Act; 

(14) $1,000,000 is for the National Resource Center on 

Workplace Responses to assist victims of domestic violence, as 

authorized by section 41501 of the 1994 Act; 

(15) $1,000,000 is for analysis and research on violence 

against Indian women, including as authorized by section 904 

of the 2005 Act; and 

(16) $500,000 is for the Office on Violence Against Women 

to establish a national clearinghouse that provides training and 


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technical assistance on issues relating to sexual assault of 

American Indian and Alaska Native women. 

OFFICE OF JUSTICE PROGRAMS

RESEARCH, EVALUATION, AND STATISTICS

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe 

Streets Act of 1968 (‘‘the 1968 Act’’); the Juvenile Justice and Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Missing Children’s Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 

Remedies and Other Tools to end the Exploitation of Children 

Today Act of 2003 (Public Law 108–21); the Justice for All Act of 

2004 (Public Law 108–405); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109– 

162) (‘‘the 2005 Act’’); the Victims of Child Abuse Act of 1990 (Public 

Law 101–647); the Second Chance Act of 2007 (Public Law 110– 

199); the Victims of Crime Act of 1984 (Public Law 98–473); the 

Adam Walsh Child Protection and Safety Act of 2006 (Public Law 

109–248) (‘‘the Adam Walsh Act’’); the PROTECT Our Children Act 

of 2008 (Public Law 110–401); subtitle D of title II of the Homeland 

Security Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); and 

other programs; $113,000,000, to remain available until expended, 

of which— 

(1) $45,000,000 is for criminal justice statistics programs, 

and other activities, as authorized by part C of title I of the 

1968 Act, of which $36,000,000 is for the administration and 

redesign of the National Crime Victimization Survey; 

(2) $40,000,000 is for research, development, and evaluation programs, and other activities as authorized by part B of 

title I of the 1968 Act and subtitle D of title II of the 2002 Act: 

Provided, That of the amounts provided under this heading, 

$5,000,000 is transferred directly to the National Institute of 

Standards and Technology’s Office of Law Enforcement Standards from the National Institute of Justice for research, testing 

and evaluation programs; 

(3) $1,000,000 is for an evaluation clearinghouse program; 

and 

(4) $27,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement 

Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus 

Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the 

Justice for All Act of 2004 (Public Law 108–405); the Victims of 

Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); the 

Trafficking Victims Protection Reauthorization Act of 2005 (Public 

Law 109–164); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 

Act’’); the Adam Walsh Child Protection and Safety Act of 2006 

(Public Law 109–248) (‘‘the Adam Walsh Act’’); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386); 


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the NICS Improvement Amendments Act of 2007 (Public Law 110– 

180); subtitle D of title II of the Homeland Security Act of 2002 

(Public Law 107–296) (‘‘the 2002 Act’’); the Second Chance Act of 

2007 (Public Law 110–199); the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (Public Law 110–403); 

the Victims of Crime Act of 1984 (Public Law 98–473); the Mentally 

Ill Offender Treatment and Crime Reduction Reauthorization and 

Improvement Act of 2008 (Public Law 110–416); and other programs; $1,162,500,000, to remain available until expended as follows— 

(1) $470,000,000 for the Edward Byrne Memorial Justice 

Assistance Grant program as authorized by subpart 1 of part 

E of title I of the 1968 Act (except that section 1001(c), and the 

special rules for Puerto Rico under section 505(g), of title I of 

the 1968 Act shall not apply for purposes of this Act), of which, 

notwithstanding such subpart 1, $2,000,000 is for a program to 

improve State and local law enforcement intelligence capabilities including antiterrorism training and training to ensure 

that constitutional rights, civil liberties, civil rights, and privacy interests are protected throughout the intelligence process, 

$4,000,000 is for a State and local assistance help desk and diagnostic center program, $2,000,000 is for a Preventing Violence Against Law Enforcement Officer Resilience and Survivability Initiative (VALOR), $4,000,000 is for use by the National Institute of Justice for research targeted toward developing a better understanding of the domestic radicalization 

phenomenon, and advancing evidence-based strategies for effective intervention and prevention, $6,000,000 is for activities related to comprehensive criminal justice reform and recidivism 

reduction efforts by States, and $100,000,000 is for law enforcement and related security costs, including overtime, associated 

with the two principal 2012 Presidential Candidate Nominating Conventions; (2) $240,000,000 for the State Criminal Alien Assistance 

Program, as authorized by section 241(i)(5) of the Immigration 

and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no jurisdiction shall request compensation for any cost greater than 

the actual cost for Federal immigration and other detainees 

housed in State and local detention facilities; 

(3) $10,000,000 for a border prosecutor initiative to reimburse State, county, parish, tribal, or municipal governments 

for costs associated with the prosecution of criminal cases declined by local offices of the United States Attorneys; 

(4) $15,000,000 for competitive grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation); 

(5) $10,500,000 for victim services programs for victims of 

trafficking, as authorized by section 107(b)(2) of Public Law 

106–386 and for programs authorized under Public Law 109– 

164; 

(6) $35,000,000 for Drug Courts, as authorized by section 

1001(a)(25)(A) of title I of the 1968 Act; 

(7) $9,000,000 for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V 


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and HH of title I of the 1968 Act, and the Mentally Ill Offender 

Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (Public Law 110–416); (8) $10,000,000 for grants for Residential Substance Abuse 

Treatment for State Prisoners, as authorized by part S of title 

I of the 1968 Act; (9) $3,000,000 for the Capital Litigation Improvement 

Grant Program, as authorized by section 426 of Public Law 

108–405, and for grants for wrongful conviction review; (10) $7,000,000 for economic, high technology and Internet 

crime prevention grants, including as authorized by section 401 

of Public Law 110–403; (11) $4,000,000 for a student loan repayment assistance 

program pursuant to section 952 of Public Law 110–315; (12) $20,000,000 for sex offender management assistance, 

as authorized by the Adam Walsh Act and the Violent Crime 

Control Act of 1994 (Public Law 103–322) and related activities; 

(13) $10,000,000 for an initiative relating to children exposed to violence; (14) $15,000,000 for an Edward Byrne Memorial criminal 

justice innovation program; (15) $24,000,000 for the matching grant program for law 

enforcement armor vests, as authorized by section 2501 of title 

I of the 1968 Act: Provided, That $1,500,000 is transferred directly to the National Institute of Standards and Technology’s 

Office of Law Enforcement Standards for research, testing and 

evaluation programs; (16) $1,000,000 for the National Sex Offender Public Web 

site; 

(17) $5,000,000 for competitive and evidence-based programs to reduce gun crime and gang violence; (18) $5,000,000 for grants to assist State and tribal governments as authorized by the NICS Improvement Amendments 

Act of 2007 (Public Law 110–180); 

(19) $6,000,000 for the National Criminal History Improvement Program for grants to upgrade criminal records; 

(20) $12,000,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act; 

(21) $125,000,000 for DNA-related and forensic programs 

and activities, of which— 

(A) $117,000,000 is for a DNA analysis and capacity 

enhancement program and for other local, State, and Federal forensic activities, including the purposes authorized 

under section 2 of the DNA Analysis Backlog Elimination 

Act of 2000 (the Debbie Smith DNA Backlog Grant Program); 

(B) $4,000,000 is for the purposes described in the Kirk 

Bloodsworth Post-Conviction DNA Testing Program (Public 

Law 108–405, section 412); and 

(C) $4,000,000 is for Sexual Assault Forensic Exam 

Program Grants, including as authorized by section 304 of 

Public Law 108–405; 

(22) $4,500,000 for the court-appointed special advocate 

program, as authorized by section 217 of the 1990 Act; 


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(23) $38,000,000 for assistance to Indian tribes; 

(24) $1,000,000 for the purposes described in the Missing 

Alzheimer’s Disease Patient Alert Program (section 240001 of 

the 1994 Act); 

(25) $7,000,000 for a program to monitor prescription 

drugs and scheduled listed chemical products; 

(26) $12,500,000 for prison rape prevention and prosecution 

and other programs, as authorized by the Prison Rape Elimination Act of 2003 (Public Law 108–79); and 

(27) $63,000,000 for offender reentry programs and research, as authorized by the Second Chance Act of 2007 (Public 

Law 110–199), of which not to exceed $4,000,000 is for a program to improve State, local, and tribal probation supervision 

efforts and strategies: 

Provided, That if a unit of local government uses any of the funds 

made available under this heading to increase the number of law 

enforcement officers, the unit of local government will achieve a net 

gain in the number of law enforcement officers who perform non-administrative public sector safety service. 

JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention 

Act of 1974 (‘‘the 1974 Act’’); the Omnibus Crime Control and Safe 

Streets Act of 1968 (‘‘the 1968 Act’’); the Violence Against Women 

and Department of Justice Reauthorization Act of 2005 (Public Law 

109–162) (‘‘the 2005 Act’’); the Missing Children’s Assistance Act (42 

U.S.C. 5771 et seq.); the Prosecutorial Remedies and Other Tools to 

end the Exploitation of Children Today Act of 2003 (Public Law 

108–21); the Victims of Child Abuse Act of 1990 (Public Law 101– 

647) (‘‘the 1990 Act’’); the Adam Walsh Child Protection and Safety 

Act of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the 

PROTECT Our Children Act of 2008 (Public Law 110–401); and 

other juvenile justice programs, $262,500,000, to remain available 

until expended as follows— 

(1) $40,000,000 for programs authorized by section 221 of 

the 1974 Act, and for training and technical assistance to assist 

small, non-profit organizations with the Federal grants process; 

(2) $78,000,000 for youth mentoring grants; 

(3) $20,000,000 for delinquency prevention, as authorized 

by section 505 of the 1974 Act, of which, pursuant to sections 

261 and 262 thereof— (A) $10,000,000 shall be for the Tribal Youth Program; 

(B) $5,000,000 shall be for gang and youth violence 

education, prevention and intervention, and related activities; and 

(C) $5,000,000 shall be for programs and activities to 

enforce State laws prohibiting the sale of alcoholic beverages to minors or the purchase or consumption of alcoholic beverages by minors, for prevention and reduction of 

consumption of alcoholic beverages by minors, and for technical assistance and training; 

(4) $18,000,000 for programs authorized by the Victims of 

Child Abuse Act of 1990; 


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(5) $30,000,000 for the Juvenile Accountability Block 

Grants program as authorized by part R of title I of the 1968 

Act and Guam shall be considered a State; 

(6) $8,000,000 for community-based violence prevention initiatives; 

(7) $65,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of 

the 1974 Act; 

(8) $1,500,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of 

the 1990 Act; and 

(9) $2,000,000 for grants and technical assistance in support of the National Forum on Youth Violence Prevention: 

Provided, That not more than 10 percent of each amount may be 

used for research, evaluation, and statistics activities designed to 

benefit the programs or activities authorized: Provided further, That 

not more than 2 percent of each amount may be used for training 

and technical assistance: Provided further, That the previous two 

provisos shall not apply to grants and projects authorized by sections 261 and 262 of the 1974 Act. 

PUBLIC SAFETY OFFICER BENEFITS

For payments and expenses authorized under section 1001(a)(4) 

of title I of the Omnibus Crime Control and Safe Streets Act of 

1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $16,300,000 

for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General 

that emergent circumstances require additional funding for such 

disability and education payments, the Attorney General may transfer such amounts to ‘‘Public Safety Officer Benefits’’ from available 

appropriations for the current fiscal year for the Department of Justice as may be necessary to respond to such circumstances: Provided 

further, That any transfer pursuant to the previous proviso shall be 

treated as a reprogramming under section 505 of this Act and shall 

not be available for obligation or expenditure except in compliance 

with the procedures set forth in that section. 

COMMUNITY ORIENTED POLICING SERVICES

COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

For activities authorized by the Violent Crime Control and Law 

Enforcement Act of 1994 (Public Law 103–322); the Omnibus Crime 

Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); and the Violence Against Women and Department of Justice Reauthorization 

Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’), $198,500,000, to 

remain available until expended: Provided, That any balances made 

available through prior year deobligations shall only be available in 

accordance with section 505 of this Act. Of the amount provided: 

(1) $12,500,000 is for anti-methamphetamine-related activities, which shall be transferred to the Drug Enforcement Administration upon enactment of this Act; 


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(2) $20,000,000 is for improving tribal law enforcement, including hiring, equipment, training, and anti-methamphetamine activities; and 

(3) $166,000,000 is for grants under section 1701 of title I 

of the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring 

of additional career law enforcement officers under part Q of 

such title notwithstanding subsection (i) of such section: Provided, That notwithstanding subsection (g) of the 1968 Act (42 

U.S.C. 3796dd), the Federal share of the costs of a project funded by such grants may not exceed 75 percent unless the Director 

of the Office of Community Oriented Policing Services waives, 

wholly or in part, the requirement of a non-Federal contribution 

to the costs of a project: Provided further, That notwithstanding 

42 U.S.C. 3796dd–3(c), funding for hiring or rehiring a career 

law enforcement officer may not exceed $125,000, unless the Director of the Office of Community Oriented Policing Services 

grants a waiver from this limitation: Provided further, That 

within the amounts appropriated, $15,000,000 shall be transferred to the Tribal Resources Grant Program to be used for improving tribal law enforcement, including hiring, equipment, 

training, and anti-methamphetamine activities: Provided further, That within the amounts appropriated, $10,000,000 is for 

community policing development activities in furtherance of the 

purposes in section 1701. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

SEC. 201. In addition to amounts otherwise made available in 

this title for official reception and representation expenses, a total 

of not to exceed $50,000 from funds appropriated to the Department 

of Justice in this title shall be available to the Attorney General for 

official reception and representation expenses. 

SEC. 202. None of the funds appropriated by this title shall be 

available to pay for an abortion, except where the life of the mother 

would be endangered if the fetus were carried to term, or in the case 

of rape: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be 

null and void. 

SEC. 203. None of the funds appropriated under this title shall 

be used to require any person to perform, or facilitate in any way 

the performance of, any abortion. 

SEC. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort 

services necessary for a female inmate to receive such service outside 

the Federal facility: Provided, That nothing in this section in any 

way diminishes the effect of section 203 intended to address the 

philosophical beliefs of individual employees of the Bureau of Prisons. 

SEC. 205. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Justice 

in this Act may be transferred between such appropriations, but no 

such appropriation, except as otherwise specifically provided, shall 

be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as 

a reprogramming of funds under section 505 of this Act and shall 


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not be available for obligation except in compliance with the procedures set forth in that section. 

SEC. 206. The Attorney General is authorized to extend through 

September 30, 2013, the Personnel Management Demonstration 

Project transferred to the Attorney General pursuant to section 1115 

of the Homeland Security Act of 2002, Public Law 107–296 (28 

U.S.C. 599B) without limitation on the number of employees or the 

positions covered. 

SEC. 207. Notwithstanding any other provision of law, Public 

Law 102–395 section 102(b) shall extend to the Bureau of Alcohol, 

Tobacco, Firearms and Explosives in the conduct of undercover investigative operations and shall apply without fiscal year limitation 

with respect to any undercover investigative operation by the Bureau 

of Alcohol, Tobacco, Firearms and Explosives that is necessary for 

the detection and prosecution of crimes against the United States. 

SEC. 208. None of the funds made available to the Department 

of Justice in this Act may be used for the purpose of transporting 

an individual who is a prisoner pursuant to conviction for crime 

under State or Federal law and is classified as a maximum or high 

security prisoner, other than to a prison or other facility certified by 

the Federal Bureau of Prisons as appropriately secure for housing 

such a prisoner. 

SEC. 209. (a) None of the funds appropriated by this Act may 

be used by Federal prisons to purchase cable television services, to 

rent or purchase videocassettes, videocassette recorders, or other 

audiovisual or electronic equipment used primarily for recreational 

purposes. 

(b) The preceding sentence does not preclude the renting, maintenance, or purchase of audiovisual or electronic equipment for inmate training, religious, or educational programs. 

SEC. 210. None of the funds made available under this title 

shall be obligated or expended for any new or enhanced information 

technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the 

investment review board certify to the Committees on Appropriations that the information technology program has appropriate program management controls and contractor oversight mechanisms in 

place, and that the program is compatible with the enterprise architecture of the Department of Justice. 

SEC. 211. The notification thresholds and procedures set forth 

in section 505 of this Act shall apply to deviations from the amounts 

designated for specific activities in this Act and accompanying statement, and to any use of deobligated balances of funds provided 

under this title in previous years. 

SEC. 212. None of the funds appropriated by this Act may be 

used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget 

Circular A–76 or any successor administrative regulation, directive, 

or policy for work performed by employees of the Bureau of Prisons 

or of Federal Prison Industries, Incorporated. 

SEC. 213. (a) Within 120 days of enactment of this Act, the Attorney General shall report to the Committees on Appropriations of 

the House of Representatives and the Senate a cost and schedule estimate for the final operating capability of the Federal Bureau of Investigation’s Sentinel program, including the costs of Bureau emVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00073 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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ployees engaged in development work, the costs of operating and 

maintaining Sentinel for 2 years after achievement of the final operating capability, and a detailed list of the functionalities included 

in the final operating capability compared to the functionalities included in the previous program baseline. 

(b) The report described in subsection (a) shall be submitted 

concurrently to the Department of Justice Office of Inspector General (OIG) and, within 60 days of receiving such report, the OIG 

shall provide an assessment of such report to the Committees on Appropriations of the House of Representatives and the Senate. 

SEC. 214. Notwithstanding any other provision of law, no funds 

shall be available for the salary, benefits, or expenses of any United 

States Attorney assigned dual or additional responsibilities by the 

Attorney General or his designee that exempt that United States Attorney from the residency requirements of 28 U.S.C. 545. 

SEC. 215. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings ‘‘Research, Evaluation, and 

Statistics’’, ‘‘State and Local Law Enforcement Assistance’’, and ‘‘Juvenile Justice Programs’’— 

(1) Up to 3 percent of funds made available to the Office 

of Justice Programs for grant or reimbursement programs may 

be used by such Office to provide training and technical assistance; and 

(2) Up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for 

amounts appropriated specifically for research, evaluation, or 

statistical programs administered by the National Institute of 

Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used 

by them for research, evaluation or statistical purposes, without 

regard to the authorizations for such grant or reimbursement 

programs, and of such amounts, $1,300,000 shall be transferred 

to the Bureau of Prisons for Federal inmate research and evaluation purposes. 

SEC. 216. The Attorney General may, upon request by a grantee 

and based upon a determination of fiscal hardship, waive the requirements of sections 2976(g)(1), 2978(e)(1) and (2), and 2904 of 

title I of the Omnibus Crime Control and Safe Streets Act of 1968 

(42 U.S.C. 3797w(g)(1), 3797w–2(e)(1) and (2), 3797q–3) with respect to funds appropriated in this or any other Act making appropriations for fiscal years 2010 through 2012 for Adult and Juvenile 

Offender State and Local Reentry Demonstration Projects and State, 

Tribal, and Local Reentry Courts authorized under part FF of title 

I of such Act of 1968, and the Prosecution Drug Treatment Alternatives to Prison Program authorized under part CC of such Act. 

SEC. 217. Notwithstanding any other provision of law, section 

20109(a), in subtitle A of title II of the Violent Crime Control and 

Law Enforcement Act of 1994 (42 U.S.C. 13709(a)), shall not apply 

to amounts made available by this title. 

SEC. 218. Section 530A of title 28, United States Code, is hereby 

amended by replacing ‘‘appropriated’’ with ‘‘used from appropriations’’, and by inserting ‘‘(2),’’ before ‘‘(3)’’. 


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SEC. 219. None of the funds made available under this Act, 

other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence 

Prevention Act, may be used by a Federal law enforcement officer 

to facilitate the transfer of an operable firearm to an individual if 

the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. 

SEC. 220. The Attorney General shall identify an independent 

auditor to evaluate the Gulf Coast Claims Facility. 

SEC. 221. Section 1761 of title 18, United States Code, is 

amended— 

(1) by striking ‘‘non-Federal’’ in subsection (c)(1); 

(2) by redesignating subsection (d) as subsection (e); and 

(3) by inserting after subsection (c) the following new subsection: 

‘‘(d) This section shall not apply to goods, wares, or merchandise manufactured, produced, mined or assembled by convicts or 

prisoners who are participating in any pilot project approved by the 

FPI Board of Directors, which are currently, or would otherwise be, 

manufactured, produced, mined, or assembled outside the United 

States.’’. 

This title may be cited as the ‘‘Department of Justice Appropriations Act, 2012’’. 

TITLE III 

SCIENCE 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology 

Policy, in carrying out the purposes of the National Science and 

Technology Policy, Organization, and Priorities Act of 1976 (42 

U.S.C. 6601–6671), hire of passenger motor vehicles, and services as 

authorized by 5 U.S.C. 3109, not to exceed $2,250 for official reception and representation expenses, and rental of conference rooms in 

the District of Columbia, $4,500,000. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE

For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; 

maintenance and repair, facility planning and design; space flight, 

spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances 

therefor, as authorized by 5 U.S.C. 5901–5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, 

charter, maintenance, and operation of mission and administrative 

aircraft, $5,090,000,000, to remain available until September 30, 

2013, of which up to $10,000,000 shall be available for a reimbursable agreement with the Department of Energy for the purpose of reestablishing facilities to produce fuel required for radioisotope therVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00075 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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moelectric generators to enable future missions: Provided, That 

NASA shall implement the recommendations of the most recent National Research Council planetary decadal survey and shall follow 

the decadal survey’s recommended decision rules regarding program 

implementation, including a strict adherence to the recommendation 

that NASA include in a balanced program a flagship class mission, 

which may be executed in cooperation with one or more international partners, if such mission can be appropriately de-scoped 

and all NASA costs for such mission can be accommodated within 

the overall funding levels appropriated by Congress: Provided further, That the formulation and development costs (with development 

cost as defined under 51 U.S.C. 30104) for the James Webb Space 

Telescope shall not exceed $8,000,000,000: Provided further, That 

should the individual identified under subparagraph (c)(2)(E) of 

section 30104 of title 51 as responsible for the James Webb Space 

Telescope determine that the development cost of the program is 

likely to exceed that limitation, the individual shall immediately notify the Administrator and the increase shall be treated as if it 

meets the 30 percent threshold described in subsection (f) of section 

30104 of title 51. 

AERONAUTICS

For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space 

flight, spacecraft control, and communications activities; program 

management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and 

administrative aircraft, $569,900,000, to remain available until 

September 30, 2013. 

SPACE TECHNOLOGY

For necessary expenses, not otherwise provided for, in the conduct and support of space research and technology development activities, including research, development, operations, support, and 

services; maintenance and repair, facility planning and design; 

space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms 

or allowances therefor, as authorized by 5 U.S.C. 5901–5902; travel 

expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and 

administrative aircraft, $575,000,000, to remain available until 

September 30, 2013. 

EXPLORATION

For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, 

including research, development, operations, support, and services; 

maintenance and repair, facility planning and design; space flight, 

spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances 


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therefor, as authorized by 5 U.S.C. 5901–5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, 

charter, maintenance, and operation of mission and administrative 

aircraft, $3,770,800,000, to remain available until September 30, 

2013: Provided, That not less than $1,200,000,000 shall be for the 

Orion multipurpose crew vehicle, not less than $1,860,000,000 shall 

be for the heavy lift launch vehicle system which shall have a lift 

capability not less than 130 tons and which shall have an upper 

stage and other core elements developed simultaneously, 

$406,000,000 shall be for commercial spaceflight activities, and 

$304,800,000 shall be for exploration research and development: 

Provided further, That not to exceed $316,500,000 of funds provided 

for the heavy lift launch vehicle system may be used for ground operations: Provided further, That $100,000,000 of the funds provided 

for commercial spaceflight activities shall only be available after the 

NASA Administrator certifies to the Committees on Appropriations, 

in writing, that NASA has published the required notifications of 

NASA contract actions implementing the acquisition strategy for the 

heavy lift launch vehicle system identified in section 302 of Public 

Law 111–267 and has begun to execute relevant contract actions in 

support of development of the heavy lift launch vehicle system: Provided further, That not to exceed $58,000,000 may be transferred to 

‘‘Construction and Environmental Compliance and Restoration’’ for 

construction activities related to the Orion multipurpose crew vehicle and the heavy lift launch vehicle system: Provided further, That 

funds so transferred shall not be subject to the 10 percent transfer 

limitation described in the Administrative Provisions in this Act for 

the National Aeronautics and Space Administration and shall be 

treated as a reprogramming under section 505 of this Act. 

SPACE OPERATIONS

For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and 

services; space flight, spacecraft control and communications activities, including operations, production, and services; maintenance 

and repair, facility planning and design; program management; 

personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; travel expenses; purchase 

and hire of passenger motor vehicles; and purchase, lease, charter, 

maintenance and operation of mission and administrative aircraft, 

$4,233,600,000, to remain available until September 30, 2013: Provided, That not to exceed $41,000,000 may be transferred to ‘‘Construction and Environmental Compliance and Restoration’’ for construction activities only at NASA-owned facilities: Provided further, 

That funds so transferred shall not be subject to the 10 percent 

transfer limitation described in the Administrative Provisions in 

this Act for the National Aeronautics and Space Administration 

and shall be treated as a reprogramming under section 505 of this 

Act: Provided further, That acquisition of the Tracking and Data 

Relay Satellite-M may be funded incrementally in fiscal year 2012 

and thereafter. 


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EDUCATION

For necessary expenses, not otherwise provided for, in carrying 

out aerospace and aeronautical education research and development 

activities, including research, development, operations, support, and 

services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance, and operation 

of mission and administrative aircraft, $138,400,000, to remain 

available until September 30, 2013, of which $18,400,000 shall be 

for the Experimental Program to Stimulate Competitive Research 

and $40,000,000 shall be for the National Space Grant College program. 

CROSS AGENCY SUPPORT

For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, exploration, space operations and education research and development activities, including 

research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; 

personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; travel expenses; purchase 

and hire of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, 

charter, maintenance, and operation of mission and administrative 

aircraft, $2,995,000,000, to remain available until September 30, 

2013, of which $1,000,000 shall be transferred to ‘‘National Aeronautics and Space Administration, Office of Inspector General’’ and 

used by the Inspector General to commission a comprehensive independent assessment of NASA’s strategic direction and agency management: Provided, That not less than $39,100,000 shall be available for independent verification and validation activities. 

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses for construction of facilities including 

repair, rehabilitation, revitalization, and modification of facilities, 

construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $390,000,000, to remain available until September 30, 2017: Provided, That hereafter, notwithstanding section 315 of the National Aeronautics and Space Act of 

1958 (42 U.S.C. 2459j), all proceeds from leases entered into under 

that section shall be deposited into this account and shall be available for a period of 5 years, to the extent provided in annual appropriations Acts: Provided further, That such proceeds shall be available for obligation for fiscal year 2012 in an amount not to exceed 

$3,960,000: Provided further, That each annual budget request 

shall include an annual estimate of gross receipts and collections 

and proposed use of all funds collected pursuant to section 315 of 

the National Aeronautics and Space Act of 1958 (42 U.S.C. 2459j). 


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OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in car- rying out the Inspector General Act of 1978, $37,300,000, of which 

$500,000 shall remain available until September 30, 2013. 

ADMINISTRATIVE PROVISIONS

Funds for announced prizes otherwise authorized shall remain 

available, without fiscal year limitation, until the prize is claimed 

or the offer is withdrawn. 

Not to exceed 5 percent of any appropriation made available for 

the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically 

provided, shall be increased by more than 10 percent by any such 

transfers. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 

505 of this Act and shall not be available for obligation except in 

compliance with the procedures set forth in that section. 

The unexpired balances of previous accounts, for activities for 

which funds are provided under this Act, may be transferred to the 

new accounts established in this Act that provide such activity. Balances so transferred shall be merged with the funds in the newly 

established accounts, but shall be available under the same terms, 

conditions and period of time as previously appropriated. 

Section 40902 of title 51, United States Code, is amended by 

adding at the end the following: 

‘‘(d) AVAILABILITY OF FUNDS.—The interest accruing from the 

National Aeronautics and Space Administration Endeavor Teacher 

Fellowship Trust Fund principal shall be available in fiscal year 

2012 for the purpose of the Endeavor Science Teacher Certificate 

Program.’’. 

51 U.S.C. 20145(b)(1) is amended by inserting ‘‘(A)’’ before ‘‘A 

person’’ and by adding at the end thereof the following new subparagraph (B) as follows: 

‘‘(B) Notwithstanding subparagraph (A), the Administrator may accept in-kind consideration for leases entered 

into for the purpose of developing renewable energy production facilities.’’. 

The spending plan required by section 538 of this Act shall be 

provided by NASA at the theme, program, project and activity level. 

The spending plan, as well as any subsequent change of an amount 

established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. 

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the National Science 

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and 


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the Act to establish a National Medal of Science (42 U.S.C. 1880– 

1881); services as authorized by 5 U.S.C. 3109; maintenance and 

operation of aircraft and purchase of flight services for research 

support; acquisition of aircraft; and authorized travel; 

$5,719,000,000, to remain available until September 30, 2013, of 

which not to exceed $550,000,000 shall remain available until expended for polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States 

Antarctic program: Provided, That receipts for scientific support 

services and materials furnished by the National Research Centers 

and other National Science Foundation supported research facilities 

may be credited to this appropriation: Provided further, That not 

less than $150,900,000 shall be available for activities authorized 

by section 7002(c)(2)(A)(iv) of Public Law 110–69: Provided further, 

That up to $50,000,000 of funds made available under this heading 

within this Act may be transferred to ‘‘Major Research Equipment 

and Facilities Construction’’: Provided further, That funds so transferred shall not be subject to the transfer limitations described in 

the Administrative Provisions in this Act for the National Science 

Foundation, and shall be available until expended only after notification of such transfer to the Committees on Appropriations. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, 

and other such capital assets pursuant to the National Science 

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), including authorized travel, $167,055,000, to remain available until expended: Provided, That none of the funds may be used to reimburse 

the Judgment Fund. 

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science, mathematics 

and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950, as 

amended (42 U.S.C. 1861–1875), including services as authorized 

by 5 U.S.C. 3109, authorized travel, and rental of conference rooms 

in the District of Columbia, $829,000,000, to remain available until 

September 30, 2013: Provided, That not less than $54,890,000 shall 

be available until expended for activities authorized by section 7030 

of Public Law 110–69. 

AGENCY OPERATIONS AND AWARD MANAGEMENT

For agency operations and award management necessary in 

carrying out the National Science Foundation Act of 1950, as 

amended (42 U.S.C. 1861–1875); services authorized by 5 U.S.C. 

3109; hire of passenger motor vehicles; not to exceed $8,280 for official reception and representation expenses; uniforms or allowances 

therefor, as authorized by 5 U.S.C. 5901–5902; rental of conference 

rooms in the District of Columbia; and reimbursement of the Department of Homeland Security for security guard services; 

$299,400,000: Provided, That contracts may be entered into under 

this heading in fiscal year 2012 for maintenance and operation of 


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facilities, and for other services, to be provided during the next fiscal year. 

OFFICE OF THE NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference 

rooms in the District of Columbia, and the employment of experts 

and consultants under section 3109 of title 5, United States Code) 

involved in carrying out section 4 of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1863) and Public Law 86– 

209 (42 U.S.C. 1880 et seq.), $4,440,000: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, as amended, 

$14,200,000. 

ADMINISTRATIVE PROVISION

Not to exceed 5 percent of any appropriation made available for 

the current fiscal year for the National Science Foundation in this 

Act may be transferred between such appropriations, but no such 

appropriation shall be increased by more than 15 percent by any 

such transfers. Any transfer pursuant to this section shall be treated 

as a reprogramming of funds under section 505 of this Act and 

shall not be available for obligation except in compliance with the 

procedures set forth in that section. 

This title may be cited as the ‘‘Science Appropriations Act, 

2012’’. 

TITLE IV 

RELATED AGENCIES 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Commission on Civil Rights, in- cluding 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 


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amended: Provided further, That an individual appointed to the position of Inspector General of the Government Accountability Office 

(GAO) shall, by virtue of such appointment, also hold the position 

of Inspector General of the Commission on Civil Rights: Provided 

further, That the Inspector General of the Commission on Civil 

Rights shall utilize personnel of the Office of Inspector General of 

GAO in performing the duties of the Inspector General of the Commission on Civil Rights, and shall not appoint any individuals to 

positions within the Commission on Civil Rights: Provided further, 

That of the amounts made available in this paragraph, $250,000 

shall be transferred directly to the Office of Inspector General of 

GAO upon enactment of this Act for salaries and expenses necessary 

to carry out the duties of the Inspector General of the Commission 

on Civil Rights. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity 

Commission as authorized by title VII of the Civil Rights Act of 

1964, the Age Discrimination in Employment Act of 1967, the Equal 

Pay Act of 1963, the Americans with Disabilities Act of 1990, the 

Civil Rights Act of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008 (Public Law 110–233), the ADA Amendments Act of 2008 (Public Law 110–325), and the Lilly Ledbetter 

Fair Pay Act of 2009 (Public Law 111–2), including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary awards to private citizens; and $29,500,000 for payments to State and local enforcement 

agencies for authorized services to the Commission, $360,000,000: 

Provided, That the Commission is authorized to make available for 

official reception and representation expenses not to exceed $2,250 

from available funds: Provided further, That the Commission may 

take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations have been notified of such proposals, in accordance 

with the reprogramming requirements of section 505 of this Act: 

Provided further, That the Chair is authorized to accept and use 

any gift or donation to carry out the work of the Commission. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission, 

including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,250 for official reception 

and representation expenses, $80,000,000, to remain available until 

expended. 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out the 

purposes of the Legal Services Corporation Act of 1974, 


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$348,000,000, of which $322,400,000 is for basic field programs and 

required independent audits; $4,200,000 is for the Office of Inspector General, of which such amounts as may be necessary may be 

used to conduct additional audits of recipients; $17,000,000 is for 

management and grants oversight; $3,400,000 is for client self-help 

and information technology; and $1,000,000 is for loan repayment 

assistance: Provided, That the Legal Services Corporation may continue to provide locality pay to officers and employees at a rate no 

greater than that provided by the Federal Government to Washington, DC-based employees as authorized by 5 U.S.C. 5304, notwithstanding section 1005(d) of the Legal Services Corporation Act, 

42 U.S.C. 2996(d): Provided further, That the authorities provided 

in section 205 of this Act shall be applicable to the Legal Services 

Corporation. 

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

None of the funds appropriated in this Act to the Legal Services 

Corporation shall be expended for any purpose prohibited or limited 

by, or contrary to any of the provisions of, sections 501, 502, 503, 

504, 505, and 506 of Public Law 105–119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject 

to the same terms and conditions set forth in such sections, except 

that all references in sections 502 and 503 to 1997 and 1998 shall 

be deemed to refer instead to 2011 and 2012, respectively. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission as 

authorized by title II of Public Law 92–522, $3,025,000. 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade 

Representative, including the hire of passenger motor vehicles and 

the employment of experts and consultants as authorized by 5 

U.S.C. 3109, $51,251,000, of which $1,000,000 shall remain available until expended: Provided, That not to exceed $111,600 shall be 

available for official reception and representation expenses. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1984 (42 

U.S.C. 10701 et seq.) $5,121,000, of which $500,000 shall remain 

available until September 30, 2013: Provided, That not to exceed 

$2,250 shall be available for official reception and representation 

expenses. 


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TITLE V 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS)

SEC. 501. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes not authorized 

by the Congress. 

SEC. 502. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 503. The expenditure of any appropriation under this Act 

for any consulting service through procurement contract, pursuant 

to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or 

under existing Executive order issued pursuant to existing law. 

SEC. 504. If any provision of this Act or the application of such 

provision to any person or circumstances shall be held invalid, the 

remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid 

shall not be affected thereby. 

SEC. 505. None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by 

this Act that remain available for obligation or expenditure in fiscal 

year 2012, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates 

a new program, project or activity; (2) eliminates a program, project 

or activity; (3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or restricted; 

(4) relocates an office or employees; (5) reorganizes or renames offices, programs or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) 

augments existing programs, projects or activities in excess of 

$500,000 or 10 percent, whichever is less, or reduces by 10 percent 

funding for any program, project or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result 

in a change in existing programs, projects or activities as approved 

by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of 

funds. 

SEC. 506. During the current fiscal year and in each fiscal year 

thereafter, none of the funds made available in this or any other Act 

may be used to implement, administer, or enforce any guidelines of 

the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal entity 

or official to which such funds are made available that such guidelines do not differ in any respect from the proposed guidelines published by the Commission on October 1, 1993 (58 Fed. Reg. 51266). 

SEC. 507. (a) If it has been finally determined by a court or 

Federal agency that any person intentionally affixed a label bearing 

a ‘‘Made in America’’ inscription, or any inscription with the same 


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meaning, to any product sold in or shipped to the United States 

that is not made in the United States, the person shall be ineligible 

to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 

48, Code of Federal Regulations. 

(b)(1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall 

be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions. 

(2) The term ‘‘promotional items’’ has the meaning given the 

term in OMB Circular A–87, Attachment B, Item (1)(f)(3). 

SEC. 508. (a) The Departments of Commerce and Justice, the 

National Science Foundation, and the National Aeronautics and 

Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly 

report on the status of balances of appropriations at the account 

level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the 

amounts attributable to each source year of appropriation from 

which the balances were derived. For balances that are obligated, 

but unexpended, the quarterly reports shall separately identify 

amounts by the year of obligation. 

(b) The report described in subsection (a) shall be submitted 

within 30 days of the end of the first quarter of fiscal year 2012, 

and subsequent reports shall be submitted within 30 days of the end 

of each quarter thereafter. 

(c) If a department or agency is unable to fulfill any aspect of 

a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall 

fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly 

report the extent to which such aspect is not fulfilled. 

SEC. 509. Any costs incurred by a department or agency funded 

under this Act resulting from, or to prevent, personnel actions taken 

in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds 

between appropriations accounts as may be necessary to carry out 

this section is provided in addition to authorities included elsewhere 

in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 

of this Act and shall not be available for obligation or expenditure 

except in compliance with the procedures set forth in that section. 

SEC. 510. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or 

to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco 

products of the same type. 

SEC. 511. Hereafter, none of the funds appropriated pursuant 

to this Act or any other provision of law may be used for— 

(1) the implementation of any tax or fee in connection with 

the implementation of subsection 922(t) of title 18, United 

States Code; and 


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(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 EGovernment Initiatives shall be subject to the procedures set forth 

in section 505 of this Act. 

SEC. 516. (a) Tracing studies conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released without adequate disclaimers regarding the limitations of the data. 

(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 

shall include in all such data releases, language similar to the following that would make clear that trace data cannot be used to 

draw broad conclusions about firearms-related crime: 

(1) Firearm traces are designed to assist law enforcement 

authorities in conducting investigations by tracking the sale 

and possession of specific firearms. Law enforcement agencies 

may request firearms traces for any reason, and those reasons 

are not necessarily reported to the Federal Government. Not all 

firearms used in crime are traced and not all firearms traced 

are used in crime. 

(2) Firearms selected for tracing are not chosen for purposes of determining which types, makes, or models of firearms 

are used for illicit purposes. The firearms selected do not constitute a random sample and should not be considered representative of the larger universe of all firearms used by criminals, or any subset of that universe. Firearms are normally 

traced to the first retail seller, and sources reported for firearms 

traced do not necessarily represent the sources or methods by 

which firearms in general are acquired for use in crime. 

SEC. 517. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and 

Space Administration, the National Science Foundation, and the 

Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which 

funds are appropriated by this Act, and shall submit reports to ConVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00086 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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gress on the progress of such audits, which may include preliminary 

findings and a description of areas of particular interest, within 180 

days after initiating such an audit and every 180 days thereafter 

until any such audit is completed. 

(b) Within 60 days after the date on which an audit described 

in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as 

appropriate, shall make the results of the audit available to the 

public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results 

shall be made available in redacted form to exclude— 

(1) any matter described in section 552(b) of title 5, United 

States Code; and 

(2) sensitive personal information for any individual, the 

public access to which could be used to commit identity theft or 

for other inappropriate or unlawful purposes. 

(c) A grant or contract funded by amounts appropriated by this 

Act may not be used for the purpose of defraying the costs of a banquet or conference that is not directly and programmatically related 

to the purpose for which the grant or contract was awarded, such 

as a banquet or conference held in connection with planning, training, assessment, review, or other routine purposes related to a 

project funded by the grant or contract. 

(d) Any person awarded a grant or contract funded by amounts 

appropriated by this Act shall submit a statement to the Secretary 

of Commerce, the Attorney General, the Administrator, Director, or 

President, as appropriate, certifying that no funds derived from the 

grant or contract will be made available through a subcontract or 

in any other manner to another person who has a financial interest 

in the person awarded the grant or contract. 

(e) The provisions of the preceding subsections of this section 

shall take effect 30 days after the date on which the Director of the 

Office of Management and Budget, in consultation with the Director 

of the Office of Government Ethics, determines that a uniform set 

of rules and requirements, substantially similar to the requirements 

in such subsections, consistently apply under the executive branch 

ethics program to all Federal departments, agencies, and entities. 

SEC. 518. None of the funds appropriated or otherwise made 

available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire information 

technology systems unless the respective Secretary or head of agency, 

in consultation with the Federal Bureau of Investigation or other 

appropriate Federal agencies, has assessed any associated risk of 

cyber-espionage or sabotage. 

SEC. 519. None of the funds made available in this Act shall 

be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. 

SEC. 520. (a) Notwithstanding any other provision of law or 

treaty, none of the funds appropriated or otherwise made available 

under this Act or any other Act may be expended or obligated by 

a department, agency, or instrumentality of the United States to pay 

administrative expenses or to compensate an officer or employee of 

the United States in connection with requiring an export license for 


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the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, 

Code of Federal Regulations (International Trafficking in Arms 

Regulations (ITAR), part 121, as it existed on April 1, 2005) with 

a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by 

the exporting party for such articles. 

(b) The foregoing exemption from obtaining an export license— 

(1) does not exempt an exporter from filing any Shipper’s 

Export Declaration or notification letter required by law, or 

from being otherwise eligible under the laws of the United 

States to possess, ship, transport, or export the articles enumerated in subsection (a); and 

(2) does not permit the export without a license of— 

(A) fully automatic firearms and components and parts 

for such firearms, other than for end use by the Federal 

Government, or a Provincial or Municipal Government of 

Canada; 

(B) barrels, cylinders, receivers (frames) or complete 

breech mechanisms for any firearm listed in Category I, 

other than for end use by the Federal Government, or a 

Provincial or Municipal Government of Canada; or 

(C) articles for export from Canada to another foreign 

destination. 

(c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United 

States, or temporary import of Canadian-origin items from Canada 

for end use in the United States or return to Canada for a Canadian citizen. 

(d) The President may require export licenses under this section 

on a temporary basis if the President determines, upon publication 

first in the Federal Register, that the Government of Canada has 

implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of 

such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license 

when reasons for the temporary requirements have ceased. 

SEC. 521. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving 

appropriated funds under this Act or any other Act shall obligate 

or expend in any way such funds to pay administrative expenses or 

the compensation of any officer or employee of the United States to 

deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) 

and qualified pursuant to 27 CFR section 478.112 or .113, for a permit to import United States origin ‘‘curios or relics’’ firearms, parts, 

or ammunition. 

SEC. 522. None of the funds made available in this Act may be 

used to include in any new bilateral or multilateral trade agreement 

the text of— 

(1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement; 


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(2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or 

(3) paragraph 4 of article 15.9 of the United States-Morocco 

Free Trade Agreement. 

SEC. 523. None of the funds made available in this Act may be 

used to authorize or issue a national security letter in contravention 

of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial 

Privacy Act; The Electronic Communications Privacy Act; The Fair 

Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; and the laws amended by these Acts. 

SEC. 524. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than 

$75,000,000 has reasonable cause to believe that the total program 

cost has increased by 10 percent, the program manager shall immediately inform the respective Secretary, Administrator, or Director. 

The Secretary, Administrator, or Director shall notify the House 

and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on 

which such determination was made; a statement of the reasons for 

such increases; the action taken and proposed to be taken to control 

future cost growth of the project; changes made in the performance 

or schedule milestones and the degree to which such changes have 

contributed to the increase in total program costs or procurement 

costs; new estimates of the total project or procurement costs; and 

a statement validating that the project’s management structure is 

adequate to control total project or procurement costs. 

SEC. 525. Funds appropriated by this Act, or made available by 

the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 

1947 (50 U.S.C. 414) during fiscal year 2012 until the enactment 

of the Intelligence Authorization Act for fiscal year 2012. 

SEC. 526. The Departments, agencies, and commissions funded 

under this Act, shall establish and maintain on the homepages of 

their Internet websites— 

(1) a direct link to the Internet Web sites of their Offices of 

Inspectors General; and 

(2) a mechanism on the Offices of Inspectors General Web 

site by which individuals may anonymously report cases of 

waste, fraud, or abuse with respect to those Departments, agencies, and commissions. 

SEC. 527. None of the funds appropriated or otherwise made 

available by this Act may be used to enter into a contract in an 

amount greater than $5,000,000 or to award a grant in excess of 

such amount unless the prospective contractor or grantee certifies in 

writing to the agency awarding the contract or grant that, to the 

best of its knowledge and belief, the contractor or grantee has filed 

all Federal tax returns required during the three years preceding 

the certification, has not been convicted of a criminal offense under 

the Internal Revenue Code of 1986, and has not, more than 90 days 

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ment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service 

and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. 

(RESCISSIONS)

SEC. 528. (a) Of the unobligated balances available to the Department of Commerce, the following funds are hereby rescinded, 

not later than September 30, 2012, from the following accounts in 

the specified amounts— 

(1) ‘‘National Telecommunications and Information Administration, Information Infrastructure Grants’’, $2,000,000; 

(2) ‘‘National Telecommunications and Information Administration, Public Telecommunications Facilities, Planning and 

Construction’’, $2,750,000; and 

(3) ‘‘National Oceanic and Atmospheric Administration, 

Foreign Fishing Observer Fund’’, $350,000. 

(b) Of the amounts made available under section 3010 of the 

Deficit Reduction Act of 2005 (47 U.S.C. 309 note), $4,300,000 in 

unobligated balances are hereby rescinded. 

(c) Of the unobligated balances available for ‘‘Emergency Steel, 

Oil, and Gas Guaranteed Loan Program Account’’, $700,000 are 

hereby rescinded. 

(d) Of the unobligated balances available to the Department of 

Justice, the following funds are hereby rescinded, not later than 

September 30, 2012, from the following accounts in the specified 

amounts— 

(1) ‘‘Working Capital Fund’’, $40,000,000; 

(2) ‘‘Legal Activities, Assets Forfeiture Fund’’, $675,000,000; 

(3) ‘‘United States Marshals Service, Salaries and Expenses’’, $2,200,000; 

(4) ‘‘Drug Enforcement Administration, Salaries and Expenses’’, $10,000,000; 

(5) ‘‘Federal Prison System, Buildings and Facilities’’, 

$45,000,000; 

(6) ‘‘State and Local Law Enforcement Activities, Office on 

Violence Against Women, Violence Against Women Prevention 

and Prosecution Programs’’, $15,000,000; 

(7) ‘‘State and Local Law Enforcement Activities, Office of 

Justice Programs’’, $55,000,000; and 

(8) ‘‘State and Local Law Enforcement Activities, Community Oriented Policing Services’’, $23,605,000. 

(e) The Department of Justice shall submit to the Committees 

on Appropriations of the House of Representatives and the Senate 

a report no later than September 1, 2012 specifying the amount of 

each rescission made pursuant to subsection (d). 

(f) Of the unobligated balances available to the National Aeronautics and Space Administration from prior appropriations, 

$30,000,000 are hereby rescinded. 

SEC. 529. None of the funds appropriated or otherwise made 

available in this Act may be used in a manner that is inconsistent 

with the principal negotiating objective of the United States with respect to trade remedy laws to preserve the ability of the United 

States— 


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(1) to enforce vigorously its trade laws, including antidumping, countervailing duty, and safeguard laws; 

(2) to avoid agreements that— 

(A) lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping 

and subsidies; or 

(B) lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that 

United States workers, agricultural producers, and firms 

can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; and 

(3) to address and remedy market distortions that lead to 

dumping and subsidization, including overcapacity, cartelization, and market-access barriers. 

SEC. 530. None of the funds made available in this Act may be 

used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the 

Code of Federal Regulations. 

SEC. 531. None of the funds made available in this Act may be 

used to send or otherwise pay for the attendance of more than 50 

employees from a Federal department or agency at any single conference occurring outside the United States, unless such conference 

is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the 

United States. 

SEC. 532. None of the funds appropriated or otherwise made 

available in this or any other Act may be used to transfer, release, 

or assist in the transfer or release to or within the United States, 

its territories, or possessions Khalid Sheikh Mohammed or any 

other detainee who— 

(1) is not a United States citizen or a member of the Armed 

Forces of the United States; and 

(2) is or was held on or after June 24, 2009, at the United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 533. (a) None of the funds appropriated or otherwise made 

available in this or any other Act may be used to construct, acquire, 

or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. 

(b) The prohibition in subsection (a) shall not apply to any 

modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. 

(c) An individual described in this subsection is any individual 

who, as of June 24, 2009, is located at United States Naval Station, 

Guantanamo Bay, Cuba, and who— 

(1) is not a citizen of the United States or a member of the 

Armed Forces of the United States; and 

(2) is— 

(A) in the custody or under the effective control of the 

Department of Defense; or 

(B) otherwise under detention at United States Naval 

Station, Guantanamo Bay, Cuba. 


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SEC. 534. None of the funds made available under this Act may 

be distributed to the Association of Community Organizations for 

Reform Now (ACORN) or its subsidiaries. 

SEC. 535. To the extent practicable, funds made available in 

this Act should be used to purchase light bulbs that are ‘‘Energy 

Star’’ qualified or have the ‘‘Federal Energy Management Program’’ 

designation. 

SEC. 536. The Director of the Office of Management and Budget 

shall instruct any department, agency, or instrumentality of the 

United States Government receiving funds appropriated under this 

Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following: 

(1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts. 

(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts. 

(3) Identification of undisbursed balances in expired grant 

accounts that may be returned to the Treasury of the United 

States. 

(4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the 

first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts. 

SEC. 537. None of the funds made available in this Act may be 

used to relocate the Bureau of the Census or employees from the Department of Commerce to the jurisdiction of the Executive Office of 

the President. 

SEC. 538. The Departments of Commerce and Justice, the National Aeronautics and Space Administration, and the National 

Science Foundation shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate within 45 

days after the date of enactment of this Act. 

SEC. 539. (a) None of the funds made available by this Act may 

be used for the National Aeronautics and Space Administration 

(NASA) or the Office of Science and Technology Policy (OSTP) to 

develop, design, plan, promulgate, implement, or execute a bilateral 

policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any 

Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act. 

(b) The limitation in subsection (a) shall also apply to any 

funds used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA. 

(c) The limitations described in subsections (a) and (b) shall not 

apply to activities which NASA or OSTP have certified pose no risk 

of resulting in the transfer of technology, data, or other information 

with national security or economic security implications to China or 

a Chinese-owned company. 

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resentatives and the Senate no later than 14 days prior to the activity in question and shall include a description of the purpose of the 

activity, its major participants, and its location and timing. 

SEC. 540. (a) The head of any department, agency, board or 

commission funded by this Act shall submit quarterly reports to the 

Inspector General, or the senior ethics official for any entity without 

an inspector general, of the appropriate department, agency, board 

or commission regarding the costs and contracting procedures relating to each conference held by the department, agency, board or 

commission during fiscal year 2012 for which the cost to the Government was more than $20,000. 

(b) Each report submitted under subsection (a) shall include, 

for each conference described in that subsection held during the applicable quarter— 

(1) a description of the subject of and number of participants attending that conference; 

(2) a detailed statement of the costs to the Government relating to that conference, including— 

(A) the cost of any food or beverages; 

(B) the cost of any audio-visual services; and 

(C) a discussion of the methodology used to determine 

which costs relate to that conference; and 

(3) a description of the contracting procedures relating to 

that conference, including— 

(A) whether contracts were awarded on a competitive 

basis for that conference; and 

(B) a discussion of any cost comparison conducted by 

the department, agency, board or commission in evaluating 

potential contractors for that conference. 

SEC. 541. None of the funds made available by this Act may be 

used to pay the salaries or expenses of personnel to deny, or fail to 

act on, an application for the importation of any model of shotgun 

if— 

(1) all other requirements of law with respect to the proposed importation are met; and 

(2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney 

General prior to January 1, 2011, on the basis that the shotgun 

was not particularly suitable for or readily adaptable to sporting purposes. 

SEC. 542. (a) None of the funds made available in this Act may 

be used to maintain or establish a computer network unless such 

network blocks the viewing, downloading, and exchanging of pornography. 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 

SEC. 543. None of the funds made available by this Act may be 

used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or 

loan guarantee to, any corporation that was convicted of a felony 

criminal violation under any Federal law within the preceding 24 

months, unless an agency has considered suspension or debarment 


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of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 

SEC. 544. None of the funds made available by this Act may be 

used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or 

loan guarantee to, any corporation that has any unpaid Federal tax 

liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not 

being paid in a timely manner pursuant to an agreement with the 

authority responsible for collecting the tax liability, unless an agency has considered suspension or debarment of the corporation and 

made a determination that this further action is not necessary to 

protect the interests of the Government. 

SEC. 545. All agencies and departments funded under this Act 

shall send to the Committees on Appropriations of the House of Representatives and the Senate at the end of the fiscal year a report 

containing a complete inventory of the total number of vehicles 

owned, permanently retired, and purchased during fiscal year 2012 

as well as the total cost of the vehicle fleet, including maintenance, 

fuel, storage, purchasing, and leasing. 

SEC. 546. None of the funds made available by this or any other 

Act for fiscal year 2012 may be used to implement, administer, or 

enforce, prior to January 1, 2012, the rule entitled ‘‘Wage Methodology for the Temporary Non-agricultural Employment H–2B Program’’ published by the Department of Labor in the Federal Register 

on January 19, 2011 (76 Fed. Reg. 3452 et seq.). 

This division may be cited as the ‘‘Commerce, Justice, Science, 

and Related Agencies Appropriations Act, 2012’’. 

DIVISION C—TRANSPORTATION, HOUSING AND URBAN 

DEVELOPMENT, AND RELATED AGENCIES 

TITLE I 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary, 

$102,481,000, of which not to exceed $2,618,000 shall be available 

for the immediate Office of the Secretary; not to exceed $984,000 

shall be available for the Immediate Office of the Deputy Secretary; 

not to exceed $19,515,000 shall be available for the Office of the 

General Counsel; not to exceed $10,107,000 shall be available for 

the Office of the Under Secretary of Transportation for Policy; not 

to exceed $10,538,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $2,500,000 

shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $25,469,000 shall be available for 

the Office of the Assistant Secretary for Administration; not to exceed $2,020,000 shall be available for the Office of Public Affairs; 

not to exceed $1,595,000 shall be available for the Office of the Executive Secretariat; not to exceed $1,369,000 shall be available for the 

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ceed $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 infrastruc- ture, $500,000,000, to remain available through September 30, 

2013: Provided, That the Secretary of Transportation shall distribute funds provided under this heading as discretionary grants 

to be awarded to a State, local government, transit agency, or a collaboration among such entities on a competitive basis for projects 

that will have a significant impact on the Nation, a metropolitan 

area, or a region: Provided further, That projects eligible for funding provided under this heading shall include, but not be limited 

to, highway or bridge projects eligible under title 23, United States 

Code; public transportation projects eligible under chapter 53 of title 

49, United States Code; passenger and freight rail transportation 

projects; and port infrastructure investments: Provided further, That 

the Secretary shall give priority to projects which demonstrate 

transportation benefits for existing systems or improve 

interconnectivity between modes: Provided further, That the Secretary may use up to 35 percent of the funds made available under 

this heading for the purpose of paying the subsidy and administrative costs of projects eligible for Federal credit assistance under 

chapter 6 of title 23, United States Code, if the Secretary finds that 

such use of the funds would advance the purposes of this paragraph: Provided further, That in distributing funds provided under 

this heading, the Secretary shall take such measures so as to ensure 

an equitable geographic distribution of funds, an appropriate balance in addressing the needs of urban and rural areas, and the investment in a variety of transportation modes: Provided further, 

That a grant funded under this heading shall be not less than 

$10,000,000 and not greater than $200,000,000: Provided further, 

That not more than 25 percent of the funds made available under 

this heading may be awarded to projects in a single State: Provided 

further, That the Federal share of the costs for which an expenditure is made under this heading shall be, at the option of the recipient, up to 80 percent: Provided further, That not less than 

$120,000,000 of the funds provided under this heading shall be for 

projects located in rural areas: Provided further, That for projects 


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located in rural areas, the minimum grant size shall be $1,000,000 

and the Secretary may increase the Federal share of costs above 80 

percent: Provided further, That projects conducted using funds provided under this heading must comply with the requirements of 

subchapter IV of chapter 31 of title 40, United States Code: Provided further, That the Secretary shall conduct a new competition 

to select the grants and credit assistance awarded under this heading: Provided further, That the Secretary may retain up to 

$20,000,000 of the funds provided under this heading, and may 

transfer portions of those funds to the Administrators of the Federal 

Highway Administration, the Federal Transit Administration, the 

Federal Railroad Administration and the Federal Maritime Administration, to fund the award and oversight of grants and credit assistance made under the National Infrastructure Investments program: Provided further, That the Secretary shall give priority to 

projects that require a contribution of Federal funds in order to 

complete an overall financing package. 

FINANCIAL MANAGEMENT CAPITAL

For necessary expenses for upgrading and enhancing the Department of Transportation’s financial systems and re-engineering 

business processes, $4,990,000, to remain available through September 30, 2013. 

CYBER SECURITY INITIATIVES

For necessary expenses for cyber security initiatives, including 

improvement of network perimeter controls and identity management, testing and assessment of information technology against 

business, security, and other requirements, implementation of Federal cyber security initiatives and information infrastructure enhancements, implementation of enhanced security controls on network devices, and enhancement of cyber security workforce training 

tools, $10,000,000, to remain available through September 30, 2013. 

OFFICE OF CIVIL RIGHTS

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

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning, 

research, systems development, development activities, and making 

grants, to remain available until expended, $9,000,000. 

WORKING CAPITAL FUND

For necessary expenses for operating costs and capital outlays 

of the Working Capital Fund, not to exceed $172,000,000 shall be 

paid from appropriations made available to the Department of 

Transportation: Provided, That such services shall be provided on 

a competitive basis to entities within the Department of Transportation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That 

no funds appropriated in this Act to an agency of the Department 

shall be transferred to the Working Capital Fund without majority 

approval of the Working Capital Fund Steering Committee and apVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00096 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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proval of the Secretary: Provided further, That no assessments may 

be levied against any program, budget activity, subactivity or 

project funded by this Act unless notice of such assessments and the 

basis therefor are presented to the House and Senate Committees on 

Appropriations and are approved by such Committees. 

MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of guaranteed loans, $333,000, as authorized by 49 

U.S.C. 332: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are 

available to subsidize total loan principal, any part of which is to 

be guaranteed, not to exceed $18,367,000. In addition, for administrative expenses to carry out the guaranteed loan program, 

$589,000. 

MINORITY BUSINESS OUTREACH

For necessary expenses of Minority Business Resource Center 

outreach activities, $3,068,000, to remain available until September 

30, 2013: Provided, That notwithstanding 49 U.S.C. 332, these 

funds may be used for business opportunities related to any mode 

of transportation. 

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

In addition to funds made available from any other source to 

carry out the essential air service program under 49 U.S.C. 41731 

through 41742, $143,000,000, to be derived from the Airport and 

Airway Trust Fund, to remain available until expended: Provided, 

That in determining between or among carriers competing to provide service to a community, the Secretary may consider the relative 

subsidy requirements of the carriers: Provided further, That no 

funds made available under section 41742 of title 49, United States 

Code, and no funds made available in this Act or any other Act in 

any fiscal year, shall be available to carry out the essential air service program under sections 41731 through 41742 of such title 49 in 

communities in the 48 contiguous States unless the community received subsidized essential air service or received a 90-day notice of 

intent to terminate service and the Secretary required the air carrier 

to continue to provide service to the community at any time between 

September 30, 2010, and September 30, 2011, inclusive: Provided 

further, That basic essential air service minimum requirements 

shall not include the 15-passenger capacity requirement under subsection 41732(b)(3) of title 49, United States Code: Provided further, 

That if the funds under this heading are insufficient to meet the 

costs of the essential air service program in the current fiscal year, 

the Secretary shall transfer such sums as may be necessary to carry 

out the essential air service program from any available amounts 

appropriated to or directly administered by the Office of the Secretary for such fiscal year. 


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ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF

TRANSPORTATION

SEC. 101. None of the funds made available in this Act to the 

Department of Transportation may be obligated for the Office of the 

Secretary of Transportation to approve assessments or reimbursable 

agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have 

completed the normal reprogramming process for Congressional notification. 

SEC. 102. The Secretary or his designee may engage in activities 

with States and State legislators to consider proposals related to the 

reduction of motorcycle fatalities. 

SEC. 103. None of the funds made available under this Act may 

be obligated or expended to establish or implement a program under 

which essential air service communities are required to assume subsidy costs commonly referred to as the EAS local participation program. 

SEC. 104. Notwithstanding section 3324 of title 31, United 

States Code, in addition to authority provided by section 327 of title 

49, United States Code, the Department’s Working Capital Fund is 

hereby authorized to provide payments in advance to vendors that 

are necessary to carry out the Federal transit pass transportation 

fringe benefit program under Executive Order 13150 and section 

3049 of Public Law 109–59: Provided, That the Department shall 

include adequate safeguards in the contract with the vendors to ensure timely and high-quality performance under the contract. 

SEC. 105. The Secretary shall post on the Web site of the Department of Transportation a schedule of all meetings of the Credit 

Council, including the agenda for each meeting, and require the 

Credit Council to record the decisions and actions of each meeting. 

(RESCISSION)

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

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses of the Federal Aviation Administration, 

not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of 

aircraft, subsidizing the cost of aeronautical charts and maps sold 

to the public, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts made available by Public 

Law 108–176, $9,653,395,000, of which $5,060,694,000 shall be derived from the Airport and Airway Trust Fund, of which not to exceed $7,442,738,000 shall be available for air traffic organization 

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tion 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, datadriven method for placing air traffic controllers after the successful 

completion of their training at the Federal Aviation Administration 

Academy, lists all available options for establishing such method, 

and discusses the benefits and challenges of each option: Provided 

further, That not later than March 31 of each fiscal year hereafter, 

the Administrator of the Federal Aviation Administration shall 

transmit to Congress an annual update to the report submitted to 

Congress in December 2004 pursuant to section 221 of Public Law 

108–176: Provided further, That the amount herein appropriated 

shall be reduced by $100,000 for each day after March 31 that such 

report has not been submitted to the Congress: Provided further, 

That not later than March 31 of each fiscal year hereafter, the Administrator shall transmit to Congress a companion report that describes a comprehensive strategy for staffing, hiring, and training 

flight standards and aircraft certification staff in a format similar 

to the one utilized for the controller staffing plan, including stated 

attrition estimates and numerical hiring goals by fiscal year: Provided further, That the amount herein appropriated shall be reduced by $100,000 per day for each day after March 31 that such 

report has not been submitted to Congress: Provided further, That 

funds may be used to enter into a grant agreement with a nonprofit 

standard-setting organization to assist in the development of aviation safety standards: Provided further, That none of the funds in 

this Act shall be available for new applicants for the second career 

training program: Provided further, That none of the funds in this 

Act shall be available for the Federal Aviation Administration to finalize or implement any regulation that would promulgate new 

aviation user fees not specifically authorized by law after the date 

of the enactment of this Act: Provided further, That there may be 

credited to this appropriation as offsetting collections funds received 

from States, counties, municipalities, foreign authorities, other public authorities, and private sources for expenses incurred in the provision of agency services, including receipts for the maintenance and 

operation of air navigation facilities, and for issuance, renewal or 

modification of certificates, including airman, aircraft, and repair 

station certificates, or for tests related thereto, or for processing 


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major repair or alteration forms: Provided further, That of the 

funds appropriated under this heading, not less than $10,350,000 

shall be for the contract tower cost-sharing program: Provided further, That none of the funds in this Act for aeronautical charting 

and cartography are available for activities conducted by, or coordinated through, the Working Capital Fund. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of national airspace systems and experimental facilities and equipment, as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition 

of necessary sites by lease or grant; engineering and service testing, 

including construction of test facilities and acquisition of necessary 

sites by lease or grant; construction and furnishing of quarters and 

related accommodations for officers and employees of the Federal 

Aviation Administration stationed at remote localities where such 

accommodations are not available; and the purchase, lease, or 

transfer of aircraft from funds available under this heading, including aircraft for aviation regulation and certification; to be derived 

from the Airport and Airway Trust Fund, $2,730,731,000, of which 

$475,000,000 shall remain available until September 30, 2012, and 

of which $2,255,731,000 shall remain available until September 30, 

2014: Provided, That there may be credited to this appropriation 

funds received from States, counties, municipalities, other public 

authorities, and private sources, for expenses incurred in the establishment, improvement, and modernization of national airspace systems: Provided further, That upon initial submission to the Congress of the fiscal year 2013 President’s budget, the Secretary of 

Transportation shall transmit to the Congress a comprehensive capital investment plan for the Federal Aviation Administration which 

includes funding for each budget line item for fiscal years 2013 

through 2017, with total funding for each year of the plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget. 

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for research, 

engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or 

grant, $167,556,000, to be derived from the Airport and Airway 

Trust Fund and to remain available until September 30, 2014: Provided, That there may be credited to this appropriation as offsetting 

collections, funds received from States, counties, municipalities, 

other public authorities, and private sources, which shall be available for expenses incurred for research, engineering, and development. 


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GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning 

and programs as authorized under subchapter I of chapter 471 and 

subchapter I of chapter 475 of title 49, United States Code, and 

under other law authorizing such obligations; for procurement, installation, and commissioning of runway incursion prevention devices and systems at airports of such title; for grants authorized 

under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs, including those related to airport operating certificates under section 

44706 of title 49, United States Code, $3,435,000,000 to be derived 

from the Airport and Airway Trust Fund and to remain available 

until expended: Provided, That none of the funds under this heading shall be available for the planning or execution of programs the 

obligations for which are in excess of $3,350,000,000 in fiscal year 

2012, notwithstanding section 47117(g) of title 49, United States 

Code: Provided further, That none of the funds under this heading 

shall be available for the replacement of baggage conveyor systems, 

reconfiguration of terminal baggage areas, or other airport improvements that are necessary to install bulk explosive detection systems: 

Provided further, That notwithstanding any other provision of law, 

of funds limited under this heading, not more than $101,000,000 

shall be obligated for administration, not less than $15,000,000 

shall be available for the airport cooperative research program, not 

less than $29,250,000 shall be for Airport Technology Research and 

$6,000,000, to remain available until expended, shall be available 

and transferred to ‘‘Office of the Secretary, Salaries and Expenses’’ 

to carry out the Small Community Air Service Development Program. 

ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION

SEC. 110. None of the funds in this Act may be used to compensate in excess of 600 technical staff-years under the federally 

funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation 

Systems Development during fiscal year 2012. 

SEC. 111. None of the funds in this Act shall be used to pursue 

or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building 

construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided, That the prohibition of funds in this section does not apply to negotiations between 

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port sponsors to provide land without cost to the FAA for air traffic 

control facilities. 

SEC. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C. 

41742(a)(1) from fees credited under 49 U.S.C. 45303: Provided, 

That during fiscal year 2012, 49 U.S.C. 41742(b) shall not apply, 

and any amount remaining in such account at the close of that fiscal year may be made available to satisfy section 41742(a)(1) for the 

subsequent fiscal year. 

SEC. 113. Amounts collected under section 40113(e) of title 49, 

United States Code, shall be credited to the appropriation current 

at the time of collection, to be merged with and available for the 

same purposes of such appropriation. 

SEC. 114. None of the funds limited by this Act for grants under 

the Airport Improvement Program shall be made available to the 

sponsor of a commercial service airport if such sponsor fails to agree 

to a request from the Secretary of Transportation for cost-free space 

in a nonrevenue producing, public use area of the airport terminal 

or other airport facilities for the purpose of carrying out a public 

service air passenger rights and consumer outreach campaign. 

SEC. 115. None of the funds in this Act shall be available for 

paying premium pay under subsection 5546(a) of title 5, United 

States Code, to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay. 

SEC. 116. None of the funds in this Act may be obligated or expended for an employee of the Federal Aviation Administration to 

purchase a store gift card or gift certificate through use of a Government-issued credit card. 

SEC. 117. The Secretary shall apportion to the sponsor of an 

airport that received scheduled or unscheduled air service from a 

large certified air carrier (as defined in part 241 of title 14 Code 

of Federal Regulations, or such other regulations as may be issued 

by the Secretary under the authority of section 41709) an amount 

equal to the minimum apportionment specified in 49 U.S.C. 

47114(c), if the Secretary determines that airport had more than 

10,000 passenger boardings in the preceding calendar year, based 

on data submitted to the Secretary under part 241 of title 14, Code 

of Federal Regulations. 

SEC. 118. None of the funds in this Act may be obligated or expended for retention bonuses for an employee of the Federal Aviation Administration without the prior written approval of the Deputy Assistant Secretary for Administration of the Department of 

Transportation. 

SEC. 119. Subparagraph (D) of section 47124(b)(3) of title 49, 

United States Code, is amended by striking ‘‘benefit.’’ and inserting 

‘‘benefit, with the maximum allowable local cost share capped at 20 

percent.’’. 

SEC. 119A. Notwithstanding any other provision of law, none of 

the funds made available under this Act or any prior Act may be 

used to implement or to continue to implement any limitation on the 

ability of any owner or operator of a private aircraft to obtain, upon 

a request to the Administrator of the Federal Aviation Administration, a blocking of that owner’s or operator’s aircraft registration 

number from any display of the Federal Aviation Administration’s 


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Aircraft Situational Display to Industry data that is made available 

to the public, except data made available to a Government agency, 

for the noncommercial flights of that owner or operator. 

SEC. 119B. None of the funds appropriated or limited by this 

Act may be used to change weight restrictions or prior permission 

rules at Teterboro airport in Teterboro, New Jersey. 

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Not to exceed $412,000,000, together with advances and reimbursements received by the Federal Highway Administration, shall 

be paid in accordance with law from appropriations made available 

by this Act to the Federal Highway Administration for necessary expenses for administration and operation, of which $16,000,000 shall 

be derived from the authority provided in section 126 in this Act. 

In addition, not to exceed $3,220,000 shall be paid from appropriations made available by this Act and transferred to the Appalachian 

Regional Commission in accordance with section 104 of title 23, 

United States Code. 

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

None of the funds in this Act shall be available for the implementation or execution of programs, the obligations for which are 

in excess of $39,143,582,670 for Federal-aid highways and highway 

safety construction programs for fiscal year 2012: Provided, That 

within the $39,143,582,670 obligation limitation on Federal-aid 

highways and highway safety construction programs, not more than 

$429,800,000 shall be available for the implementation or execution 

of programs for transportation research (chapter 5 of title 23, 

United States Code; sections 111, 5505, and 5506 of title 49, United 

States Code; and title 5 of Public Law 109–59) for fiscal year 2012: 

Provided further, That this limitation on transportation research 

programs shall not apply to any authority previously made available for obligation: Provided further, That the Secretary may, as authorized by section 605(b) of title 23, United States Code, collect and 

spend fees to cover the costs of services of expert firms, including 

counsel, in the field of municipal and project finance to assist in the 

underwriting and servicing of Federal credit instruments and all or 

a portion of the costs to the Federal Government of servicing such 

credit instruments: Provided further, That such fees are available 

until expended to pay for such costs: Provided further, That such 

amounts are in addition to administrative expenses that are also 

available for such purpose, and are not subject to any obligation 

limitation or the limitation on administrative expenses under section 608 of title 23, United States Code. 


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(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For carrying out the provisions of title 23, United States Code, 

that are attributable to Federal-aid highways, not otherwise provided, including reimbursement for sums expended pursuant to the 

provisions of 23 U.S.C. 308, $39,882,582,670 or so much thereof as 

may be available in and derived from the Highway Trust Fund 

(other than the Mass Transit Account), to remain available until expended. 

EMERGENCY RELIEF

For an additional amount for the Emergency Relief Program as 

authorized under section 125 of title 23, United States Code, 

$1,662,000,000, to remain available until expended, for necessary 

expenses resulting from a major disaster declared pursuant to the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5121 et seq.): Provided, That notwithstanding section 

125(d)(1) of title 23, United States Code, the Secretary of Transportation may obligate more than $100,000,000 for a single natural 

disaster event in a State for emergency relief projects arising from 

damage caused in fiscal year 2011 by Hurricane Irene or the Missouri River basin flooding in the spring of 2011, except for events 

involving closed hydrologic basins: Provided further, That notwithstanding section 120 of title 23, United States Code, for expenses resulting from a disaster eligible under section 125 of title 23, United 

States Code, occurring in fiscal years 2011 or 2012, the Secretary 

shall extend the time period in 120(e) in consideration of any delay 

in the State’s ability to access damaged facilities to evaluate damage and estimate the cost of repair: Provided further, That the 

amount provided under this heading is designated by the Congress 

as being for disaster relief pursuant to section 251(b)(2)(D) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

SEC. 120. (a) For fiscal year 2012, the Secretary of Transportation shall— 

(1) not distribute from the obligation limitation for 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— 


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(A) the obligation limitation for Federal-aid highways, 

less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to 

(B) the total of the sums authorized to be appropriated 

for Federal-aid highways and highway safety construction 

programs (other than sums authorized to be appropriated 

for provisions of law described in paragraphs (1) through 

(9) of subsection (b) and sums authorized to be appropriated for section 105 of title 23, United States Code, 

equal to the amount referred to in subsection (b)(10) for 

such fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; 

(4)(A) distribute the obligation limitation for Federal-aid 

highways, less the aggregate amounts not distributed under 

paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the 

Safe, Accountable, Flexible, Efficient Transportation Equity Act: 

A Legacy for Users; sections 117 and section 144(g) of title 23, 

United States Code; and section 14501 of title 40, United States 

Code, so that the amount of obligation authority available for 

each of such sections is equal to the amount determined by multiplying the ratio determined under paragraph (3) by the sums 

authorized to be appropriated for that section for the fiscal year; 

and 

(B) distribute $2,000,000,000 for section 105 of title 23, 

United States Code; 

(5) distribute the obligation limitation provided for Federal-aid highways, less the aggregate amounts not distributed 

under paragraphs (1) and (2) and amounts distributed under 

paragraph (4), for each of the programs that are allocated by 

the Secretary under the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users and title 23, 

United States Code (other than to programs to which paragraphs (1) and (4) apply), by multiplying the ratio determined 

under paragraph (3) by the amounts authorized to be appropriated for each such program for such fiscal year; and 

(6) distribute the obligation limitation provided for Federal-aid highways, less the aggregate amounts not distributed 

under paragraphs (1) and (2) and amounts distributed under 

paragraphs (4) and (5), for Federal-aid highways and highway 

safety construction programs (other than the amounts apportioned for the equity bonus program, but only to the extent that 

the amounts apportioned for the equity bonus program for the 

fiscal year are greater than $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A Legacy for Users and 

title 23, United States Code, in the ratio that— 

(A) amounts authorized to be appropriated for such 

programs that are apportioned to each State for such fiscal 

year, bear to 

(B) the total of the amounts authorized to be appropriated for such programs that are apportioned to all 

States for such fiscal year. 

(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation 

limitation for Federal-aid highways shall not apply to obligations: 


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(1) under section 125 of title 23, United States Code; 

(2) under section 147 of the Surface Transportation Assistance Act of 1978; 

(3) under section 9 of the Federal-Aid Highway Act of 1981; 

(4) under subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982; 

(5) under subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 

1987; 

(6) under sections 1103 through 1108 of the Intermodal 

Surface Transportation Efficiency Act of 1991; 

(7) under section 157 of title 23, United States Code, as in 

effect on the day before the date of the enactment of the Transportation Equity Act for the 21st Century; 

(8) under section 105 of title 23, United States Code, as in 

effect for fiscal years 1998 through 2004, but only in an amount 

equal to $639,000,000 for each of those fiscal years; 

(9) for Federal-aid highway programs for which obligation 

authority was made available under the Transportation Equity 

Act for the 21st Century or subsequent public laws for multiple 

years or to remain available until used, but only to the extent 

that the obligation authority has not lapsed or been used; 

(10) under section 105 of title 23, United States Code, but only in an amount equal to $639,000,000 for each of fiscal years 

2005 through 2012; and 

(11) under section 1603 of the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A Legacy for Users, to the 

extent that funds obligated in accordance with that section were 

not subject to a limitation on obligations at the time at which 

the funds were initially made available for obligation. 

(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1 of 

such fiscal year, revise a distribution of the obligation limitation 

made available under subsection (a) if the amount distributed cannot be obligated during that fiscal year, and redistribute sufficient 

amounts to those States able to obligate amounts in addition to 

those previously distributed during that fiscal year, giving priority 

to those States having large unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States Code. 

(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—The obligation limitation shall 

apply to transportation research programs carried out under chapter 5 of title 23, United States Code, and title V (research title) of 

the Safe, Accountable, Flexible, Efficient Transportation Equity Act: 

A Legacy for Users, except that obligation authority made available 

for such programs under such limitation shall remain available for 

a period of 3 fiscal years and shall be in addition to the amount 

of any limitation imposed on obligations for Federal-aid highway 

and highway safety construction programs for future fiscal years. 

(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— (1) IN GENERAL.—Not later than 30 days after the date of 

the distribution of obligation limitation under subsection (a), 

the Secretary shall distribute to the States any funds that— 

(A) are authorized to be appropriated for such fiscal 

year for Federal-aid highways programs; and 


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(B) the Secretary determines will not be allocated to the 

States, and will not be available for obligation, in such fiscal year due to the imposition of any obligation limitation 

for such fiscal year. 

(2) RATIO.—Funds shall be distributed under paragraph (1) 

in the same ratio as the distribution of obligation authority 

under subsection (a)(6). 

(3) AVAILABILITY.—Funds distributed under paragraph (1) 

shall be available for any purposes described in section 133(b) 

of title 23, United States Code. 

(f) SPECIAL LIMITATION CHARACTERISTICS.—Obligation limitation distributed for a fiscal year under subsection (a)(4) for the provision specified in subsection (a)(4) shall— 

(1) remain available until used for obligation of funds for 

that provision; and 

(2) be in addition to the amount of any limitation imposed 

on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. 

(g) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 

this section shall be construed to limit the distribution of obligation 

authority under subsection (a)(4)(A) for each of the individual 

projects numbered greater than 3676 listed in the table contained in 

section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. 

SEC. 121. Notwithstanding 31 U.S.C. 3302, funds received by 

the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111 may 

be credited to the Federal-aid Highways account for the purpose of 

reimbursing the Bureau for such expenses: Provided, That such 

funds shall be subject to the obligation limitation for Federal-aid 

Highways and highway safety construction programs. 

SEC. 122. Not less than 15 days prior to waiving, under his 

statutory authority, any Buy America requirement for Federal-aid 

highway projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue 

such waiver and the reasons therefor: Provided, That the Secretary 

shall provide an annual report to the House and Senate Committees 

on Appropriations on any waivers granted under the Buy America 

requirements. 

SEC. 123. (a) IN GENERAL.—Except as provided in subsection 

(b), none of the funds made available, limited, or otherwise affected 

by this Act shall be used to approve or otherwise authorize the imposition of any toll on any segment of highway located on the Federalaid 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. 


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(2) HIGH-OCCUPANCY VEHICLE LANES.—A high-occupancy 

vehicle lane that is converted to a toll lane shall not be subject 

to this section, and shall not be considered to be a nontoll lane 

for purposes of determining whether a highway will have fewer 

nontoll lanes than prior to the date of imposition of the toll, if— 

(A) high-occupancy vehicles occupied by the number of 

passengers specified by the entity operating the toll lane 

may use the toll lane without paying a toll, unless otherwise specified by the appropriate county, town, municipal 

or other local government entity, or public toll road or transit authority; or 

(B) each high-occupancy vehicle lane that was converted to a toll lane was constructed as a temporary lane 

to be replaced by a toll lane under a plan approved by the 

appropriate county, town, municipal or other local government entity, or public toll road or transit authority. 

SEC. 124. The Comptroller General of the United States shall 

carry out a study to review how the States and public transit authorities have used the authority for States to transfer Federal funds 

between highway and transit programs. Not later than 1 year after 

the date of enactment of this Act, the Comptroller General shall submit a report to the Congress describing the use of the transfer authority by the States, the highway and transit projects funded with 

these funds, the U.S. Department of Transportation administrative 

mechanisms to track the use of these transferred funds, and the impact the use of this authority has had on the advancement of highway projects. 

SEC. 125. Section 127(a)(11) of title 23, United States Code, is 

amended to read as follows: 

‘‘(11)(A) With respect to all portions of the Interstate Highway System in the State of Maine, laws (including regulations) 

of that State concerning vehicle weight limitations applicable to 

other State highways shall be applicable in lieu of the requirements under this subsection through December 31, 2031. 

‘‘(B) With respect to all portions of the Interstate Highway 

System in the State of Vermont, laws (including regulations) of 

that State concerning vehicle weight limitations applicable to 

other State highways shall be applicable in lieu of the requirements under this subsection through December 31, 2031.’’. 

SEC. 126. The Secretary may deduct, on a proportional basis, 

for administrative expenses of the Federal-aid highway program, a 

cumulative sum not to exceed $16,000,000 of the sums authorized 

under the Surface Transportation Extension Act of 2011, part II 

(Public Law 112–30) for the 14 allocated programs. 


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FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in the implementation, execution and administration of motor carrier safety operations and 

programs pursuant to section 31104(i) of title 49, United States 

Code, and sections 4127 and 4134 of Public Law 109–59, 

$247,724,000, to be derived from the Highway Trust Fund (other 

than the Mass Transit Account), together with advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available until expended: 

Provided, That none of the funds derived from the Highway Trust 

Fund in this Act shall be available for the implementation, execution or administration of programs, the obligations for which are in 

excess of $247,724,000, for ‘‘Motor Carrier Safety Operations and 

Programs’’ of which $8,543,000, to remain available for obligation 

until September 30, 2014, is for the research and technology program and $1,000,000 shall be available for commercial motor vehicle operator’s grants to carry out section 4134 of Public Law 109– 

59: Provided further, That notwithstanding any other provision of 

law, none of the funds under this heading for outreach and education shall be available for transfer: Provided further, That the 

Federal Motor Carrier Safety Administration shall transmit to Congress a report on March 30, 2012 on the agency’s ability to meet its 

requirement to conduct compliance reviews on high-risk carriers. 

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

(INCLUDING RESCISSION)

For payment of obligations incurred in carrying out sections 

31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, 

United States Code, and sections 4126 and 4128 of Public Law 109– 

59, $307,000,000, to be derived from the Highway Trust Fund (other 

than the Mass Transit Account) and to remain available until expended: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs, the obligations for which are in excess of $307,000,000, for ‘‘Motor Carrier 

Safety Grants’’; of which $212,000,000 shall be available for the 

motor carrier safety assistance program to carry out sections 31102 

and 31104(a) of title 49, United States Code; $30,000,000 shall be 

available for the commercial driver’s license improvements program 

to carry out section 31313 of title 49, United States Code; 

$32,000,000 shall be available for the border enforcement grants 

program to carry out section 31107 of title 49, United States Code; 


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$5,000,000 shall be available for the performance and registration 

information system management program to carry out sections 

31106(b) and 31109 of title 49, United States Code; $25,000,000 

shall be available for the commercial vehicle information systems 

and networks deployment program to carry out section 4126 of Public Law 109–59; and $3,000,000 shall be available for the safety 

data improvement program to carry out section 4128 of Public Law 

109–59: Provided further, That of the funds made available for the 

motor carrier safety assistance program, $29,000,000 shall be available for audits of new entrant motor carriers: Provided further, 

That of the prior year unobligated balances for the commercial vehicle information systems and networks deployment program, 

$1,000,000 is permanently rescinded. 

ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

SEC. 130. Funds appropriated or limited in this Act shall be 

subject to the terms and conditions stipulated in section 350 of Public Law 107–87 and section 6901 of Public Law 110–28, including 

that the Secretary submit a report to the House and Senate Appropriations Committees annually on the safety and security of transportation into the United States by Mexico-domiciled motor carriers. 

SEC. 131. Notwithstanding any other provision of law, States 

receiving funds for core or expanded deployment activities under the 

Commercial Vehicle Information Systems and Networks program 

pursuant to sections 4101(c)(4) and 4126 of Public Law 109–59 that 

did not meet award eligibility requirements set forth in section 

4126; received grant amounts in excess of the maximum amounts 

specified in sections 4126(c)(2) or 4126(d)(3); or were awarded 

grants either prior to or after the expiration of the period of performance specified in a grant agreement, shall not be required to repay 

grant amounts received in error under such sections and, in addition, shall be reimbursed for core or expanded deployment expenditures such States made before the date of the enactment of this Act 

in reliance on a grant awarded in error under such sections. 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety under subtitle C 

of title X of Public Law 109–59 and chapter 301 and part C of subtitle VI of title 49, United States Code, $140,146,000, of which 

$20,000,000 shall remain available through September 30, 2013. 

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, and chapter 303 of title 49, United States 

Code, $109,500,000, to be derived from the Highway Trust Fund 


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(other than the Mass Transit Account) and to remain available 

until expended: Provided, That none of the funds in this Act shall 

be available for the planning or execution of programs the total obligations for which, in fiscal year 2012, are in excess of $109,500,000, 

of which $105,500,000 shall be for programs authorized under 23 

U.S.C. 403, and of which $4,000,000 shall be for the National Driver Register authorized under chapter 303 of title 49, United States 

Code: Provided further, That within the $105,500,000 obligation 

limitation for operations and research, $20,000,000 shall remain 

available until September 30, 2013 and shall be in addition to the 

amount of any limitation imposed on obligations for future years. 

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 

2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, to remain 

available until expended, $550,328,000 to be derived from the Highway Trust Fund (other than the Mass Transit Account): Provided, 

That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2012, are in excess of $550,328,000 for programs authorized under 23 U.S.C. 402, 405, 406, 408, and 410 and sections 

2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, of which 

$235,000,000 shall be for ‘‘Highway Safety Programs’’ under 23 

U.S.C. 402; $25,000,000 shall be for ‘‘Occupant Protection Incentive 

Grants’’ under 23 U.S.C. 405; $48,500,000 shall be for ‘‘Safety Belt 

Performance Grants’’ under 23 U.S.C. 406, and such obligation limitation shall remain available until September 30, 2013 in accordance with subsection (f) of such section 406 and shall be in addition 

to the amount of any limitation imposed on obligations for such 

grants for future fiscal years; $34,500,000 shall be for ‘‘State Traffic 

Safety Information System Improvements’’ under 23 U.S.C. 408; 

$139,000,000 shall be for ‘‘Alcohol-Impaired Driving Countermeasures Incentive Grant Program’’ under 23 U.S.C. 410; 

$25,328,000 shall be for ‘‘Administrative Expenses’’ under section 

2001(a)(11) of Public Law 109–59; $29,000,000 shall be for ‘‘High 

Visibility Enforcement Program’’ under section 2009 of Public Law 

109–59; $7,000,000 shall be for ‘‘Motorcyclist Safety’’ under section 

2010 of Public Law 109–59; and $7,000,000 shall be for ‘‘Child 

Safety and Child Booster Seat Safety Incentive Grants’’ under section 2011 of Public Law 109–59: Provided further, That none of 

these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local or 

private buildings or structures: Provided further, That not to exceed 

$500,000 of the funds made available for section 410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ shall be available for technical assistance to the States: Provided further, That not to exceed 

$750,000 of the funds made available for the ‘‘High Visibility Enforcement Program’’ shall be available for the evaluation required 


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under section 2009(f) of Public Law 109–59: Provided further, That 

of the amounts made available under this heading for ‘‘Safety Belt 

Performance Grants’’, $25,000,000 shall be available until expended 

for the modernization of the National Automotive Sampling System 

(NASS). 

ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

SEC. 140. Notwithstanding any other provision of law or limitation on the use of funds made available under section 403 of title 

23, United States Code, an additional $130,000 shall be made 

available to the National Highway Traffic Safety Administration, 

out of the amount limited for section 402 of title 23, United States 

Code, to pay for travel and related expenses for State management 

reviews and to pay for core competency development training and 

related expenses for highway safety staff. 

SEC. 141. The limitations on obligations for the programs of the 

National Highway Traffic Safety Administration set in this Act 

shall not apply to obligations for which obligation authority was 

made available in previous public laws for multiple years but only 

to the extent that the obligation authority has not lapsed or been 

used. 

SEC. 142. None of the funds in this Act shall be used to implement section 404 of title 23, United States Code. 

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration, 

not otherwise provided for, $178,596,000, of which $12,300,000 

shall remain available until expended. 

RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development, 

$35,000,000, to remain available until expended. 

RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

The Secretary of Transportation is authorized to issue to the 

Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act 

of 1976 (Public Law 94–210), as amended, in such amounts and at 

such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under 

sections 511 through 513 of such Act, such authority to exist as long 

as any such guaranteed obligation is outstanding: Provided, That 

pursuant to section 502 of such Act, as amended, no new direct 

loans or loan guarantee commitments shall be made using Federal 

funds for the credit risk premium during fiscal year 2012. 

OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

To enable the Secretary of Transportation to make quarterly 

grants to the National Railroad Passenger Corporation for the operVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00112 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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ation of intercity passenger rail, as authorized by section 101 of the 

Passenger Rail Investment and Improvement Act of 2008 (division 

B of Public Law 110–432), $466,000,000, to remain available until 

expended: Provided, That the amounts available under this paragraph shall be available for the Secretary to approve funding to 

cover operating losses for the Corporation only after receiving and 

reviewing a grant request for each specific train route: Provided further, That each such grant request shall be accompanied by a detailed financial analysis, revenue projection, and capital expenditure projection justifying the Federal support to the Secretary’s satisfaction: Provided further, That not later than 60 days after enactment of this Act, the Corporation shall transmit, in electronic format, to the Secretary, the House and Senate Committees on Appropriations, the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation the annual budget and business plan and the 5-Year Financial Plan for fiscal year 2012 required under section 204 of the 

Passenger Rail Investment and Improvement Act of 2008: Provided 

further, That the budget, business plan, and the 5-Year Financial 

Plan shall also include a separate accounting of ridership, revenues, 

and capital and operating expenses for the Northeast Corridor; commuter service; long-distance Amtrak service; State-supported service; 

each intercity train route, including Autotrain; and commercial activities including contract operations: Provided further, That the 

budget, business plan and the 5-Year Financial Plan shall include 

a description of work to be funded, along with cost estimates and 

an estimated timetable for completion of the projects covered by 

these plans: Provided further, That the budget, business plan and 

the 5-Year Financial Plan shall include annual information on the 

maintenance, refurbishment, replacement, and expansion for all 

Amtrak rolling stock consistent with the comprehensive fleet plan: 

Provided further, That the Corporation shall provide semiannual 

reports in electronic format regarding the pending business plan, 

which shall describe the work completed to date, any changes to the 

business plan, and the reasons for such changes, and shall identify 

all sole-source contract awards which shall be accompanied by a 

justification as to why said contract was awarded on a sole-source 

basis, as well as progress against the milestones and target dates 

of the 2011 performance improvement plan: Provided further, That 

the Corporation’s budget, business plan, 5-Year Financial Plan, 

semiannual reports, and all subsequent supplemental plans shall be 

displayed on the Corporation’s Web site within a reasonable timeframe following their submission to the appropriate entities: Provided further, That these plans shall be accompanied by a comprehensive fleet plan for all Amtrak rolling stock which shall address the Corporation’s detailed plans and timeframes for the maintenance, refurbishment, replacement, and expansion of the Amtrak 

fleet: Provided further, That said fleet plan shall establish year-specific goals and milestones and discuss potential, current, and preferred financing options for all such activities: Provided further, 

That none of the funds under this heading may be obligated or expended until the Corporation agrees to continue abiding by the provisions of paragraphs 1, 2, 5, 9, and 11 of the summary of conditions for the direct loan agreement of June 28, 2002, in the same 

manner as in effect on the date of enactment of this Act: Provided 


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further, That none of the funds provided in this Act may be used 

after March 1, 2012, to support any route on which Amtrak offers 

a discounted fare of more than 50 percent off the normal peak fare: 

Provided further, That the preceding proviso does not apply to 

routes where the operating loss as a result of the discount is covered 

by a State and the State participates in the setting of fares: Provided further, That the Corporation shall submit to the House and 

Senate Committees on Appropriations a budget request for fiscal 

year 2013 in similar format and substance to those submitted by executive agencies of the Federal Government. 

CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

To enable the Secretary of Transportation to make grants to the 

National Railroad Passenger Corporation for capital investments as 

authorized by section 101(c) and 219(b) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 

110–432), $952,000,000, to remain available until expended, of 

which not to exceed $271,000,000 shall be for debt service obligations as authorized by section 102 of such Act: Provided, That of the 

amounts made available under this heading, not less than 

$50,000,000 shall be made available to bring Amtrak served facilities and stations into compliance with the Americans with Disabilities Act: Provided further, That after an initial distribution of up 

to $200,000,000, which shall be used by the Corporation as a working capital account, all remaining funds shall be provided to the 

Corporation only on a reimbursable basis: Provided further, That 

the Secretary may retain up to one-half of 1 percent of the funds 

provided under this heading to fund the costs of project management oversight of capital projects funded by grants provided under 

this heading, as authorized by subsection 101(d) of division B of 

Public Law 110–432: Provided further, That the Secretary shall approve funding for capital expenditures, including advance purchase 

orders of materials, for the Corporation only after receiving and reviewing a grant request for each specific capital project justifying 

the Federal support to the Secretary’s satisfaction: Provided further, 

That none of the funds under this heading may be used to subsidize 

operating losses of the Corporation: Provided further, That none of 

the funds under this heading may be used for capital projects not 

approved by the Secretary of Transportation or on the Corporation’s 

fiscal year 2012 business plan: Provided further, That in addition 

to the project management oversight funds authorized under section 

101(d) of division B of Public Law 110–432, the Secretary may retain up to an additional one-half of 1 percent of the funds provided 

under this heading to fund expenses associated with implementing 

section 212 of division B of Public Law 110–432, including the 

amendments made by section 212 to section 24905 of title 49, 

United States Code. 

ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

SEC. 150. Hereafter, notwithstanding any other provision of 

law, funds provided in this Act for the National Railroad Passenger 

Corporation shall immediately cease to be available to said Corporation in the event that the Corporation contracts to have services 


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provided at or from any location outside the United States. For purposes of this section, the word ‘‘services’’ shall mean any service that 

was, as of July 1, 2006, performed by a full-time or part-time Amtrak employee whose base of employment is located within the 

United States. 

SEC. 151. The Secretary of Transportation may receive and expend cash, or receive and utilize spare parts and similar items, 

from non-United States Government sources to repair damages to or 

replace United States Government owned automated track inspection cars and equipment as a result of third-party liability for such 

damages, and any amounts collected under this section shall be 

credited directly to the Safety and Operations account of the Federal 

Railroad Administration, and shall remain available until expended for the repair, operation and maintenance of automated 

track inspection cars and equipment in connection with the automated track inspection program. 

SEC. 152. Notwithstanding any other provisions of law, rule or 

regulation, the Secretary of Transportation is authorized to allow 

the issuer of any preferred stock heretofore sold to the Department 

to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary. 

SEC. 153. None of the funds provided to the National Railroad 

Passenger Corporation may be used to fund any overtime costs in 

excess of $35,000 for any individual employee: Provided, That the 

president of Amtrak may waive the cap set in the previous proviso 

for specific employees when the president of Amtrak determines such 

a cap poses a risk to the safety and operational efficiency of the system: Provided further, That Amtrak shall notify House and Senate 

Committees on Appropriations within 30 days of waiving such cap 

and delineate the reasons for such waiver. 

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit 

Administration’s programs authorized by chapter 53 of title 49, 

United States Code, $98,713,000: Provided, That none of the funds 

provided or limited in this Act may be used to create a permanent 

office of transit security under this heading: Provided further, That 

upon submission to the Congress of the fiscal year 2013 President’s 

budget, the Secretary of Transportation shall transmit to Congress 

the annual report on New Starts, including proposed allocations of 

funds for fiscal year 2013. 

FORMULA AND BUS GRANTS

(LIQUIDATION OF CONTRACT AUTHORITY)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 

5320, 5335, 5339, and 5340 and section 3038 of Public Law 105– 

178, as amended, $9,400,000,000 to be derived from the Mass TranVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00115 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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sit Account of the Highway Trust Fund and to remain available 

until expended: Provided, That funds available for the implementation or execution of programs authorized under 49 U.S.C. 5305, 

5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 

5340 and section 3038 of Public Law 105–178, as amended, shall 

not exceed total obligations of $8,360,565,000 in fiscal year 2012. 

RESEARCH AND UNIVERSITY RESEARCH CENTERS

For necessary expenses to carry out 49 U.S.C. 5306, 5312–5315, 5322, and 5506, $44,000,000, to remain available until expended: 

Provided, That $6,500,000 is available to carry out the transit cooperative research program under section 5313 of title 49, United 

States Code, $3,500,000 is available for the National Transit Institute under section 5315 of title 49, United States Code, and 

$4,000,000 is available for the university transportation centers program under section 5506 of title 49, United States Code: Provided 

further, That $25,000,000 is available to carry out innovative research and demonstrations of national significance under section 

5312 of title 49, United States Code. 

CAPITAL INVESTMENT GRANTS

(INCLUDING RESCISSION)

For necessary expenses to carry out section 5309 of title 49, United States Code, $1,955,000,000, to remain available until expended, of which $35,481,000 shall be available to carry out section 

5309(e) of such title: Provided, That not less than $510,000,000 

shall be available for preliminary engineering, final design, and 

construction of projects that receive a Full Funding Grant Agreement during calendar year 2012: Provided further, That of the 

funds appropriated under this heading in Public Law 111–8, 

$58,500,000 are hereby rescinded. 

GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT

AUTHORITY

For grants to the Washington Metropolitan Area Transit Authority as authorized under section 601 of division B of Public Law 

110–432, $150,000,000, to remain available until expended: Provided, That the Secretary shall approve grants for capital and preventive maintenance expenditures for the Washington Metropolitan 

Area Transit Authority only after receiving and reviewing a request 

for each specific project: Provided further, That prior to approving 

such grants, the Secretary shall determine that the Washington Metropolitan Area Transit Authority has placed the highest priority on 

those investments that will improve the safety of the system. 

ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

SEC. 160. The limitations on obligations for the programs of the 

Federal Transit Administration shall not apply to any authority 

under 49 U.S.C. 5338, previously made available for obligation, or 

to any other authority previously made available for obligation. 

SEC. 161. Notwithstanding any other provision of law, funds 

appropriated or limited by this Act under the Federal Transit Administration’s discretionary program appropriations headings for 


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projects specified in this Act or identified in reports accompanying 

this Act not obligated by September 30, 2014, and other recoveries, 

shall be directed to projects eligible to use the funds for the purposes 

for which they were originally provided. 

SEC. 162. Notwithstanding any other provision of law, any 

funds appropriated before October 1, 2011, under any section of 

chapter 53 of title 49, United States Code, that remain available for 

expenditure, may be transferred to and administered under the most 

recent appropriation heading for any such section. 

SEC. 163. Notwithstanding any other provision of law, unobligated funds made available for new fixed guideway system projects 

under the heading ‘‘Federal Transit Administration, Capital Investment Grants’’ in any appropriations Act prior to this Act may be 

used during this fiscal year to satisfy expenses incurred for such 

projects. 

SEC. 164. Notwithstanding any other provision of law, unobligated funds or recoveries under section 5309 of title 49, United 

States Code, that are available to the Secretary of Transportation 

for reallocation shall be directed to projects eligible to use the funds 

for the purposes for which they were originally provided. 

SEC. 165. In addition to the amounts made available under section 5327(c)(1) of title 49, United States Code, the Secretary may 

use, for program management activities described in section 

5327(c)(2), 1 percent of the amount made available to carry out section 5316 of title 49, United States Code: Provided, That funds 

made available for program management oversight shall be used to 

oversee the compliance of a recipient or subrecipient of Federal transit assistance consistent with activities identified under section 

5327(c)(2) and for purposes of enforcement. 

SEC. 166. Funds made available for Alaska or Hawaii ferry 

boats or ferry terminal facilities pursuant to 49 U.S.C. 

5309(m)(6)(B) may be used to construct new vessels and facilities, 

or to improve existing vessels and facilities, including both the passenger and vehicle-related elements of such vessels and facilities, 

and for repair facilities. 

SEC. 167. Notwithstanding any other provision of law, none of 

the funds made available in this Act shall be used to enter into a 

full funding grant agreement for a project with a New Starts share 

greater than 60 percent. 

SEC. 168. Notwithstanding any other provision of law, fuel for 

vehicle operations, including the cost of utilities used for the propulsion of electrically driven vehicles, shall be treated as an associated 

capital maintenance item for purposes of grants made under section 

5307 of title 49, United States Code, in fiscal year 2012. Amounts 

made available under this heading shall be limited to $100,000,000. 

SEC. 169. The Secretary may not enforce regulations related to 

charter bus service under part 604 of title 49, Code of Federal Regulations, for any transit agency who during fiscal year 2008 was both 

initially granted a 60-day period to come into compliance with part 

604, and then was subsequently granted an exception from said 

part. 

SEC. 169A. For purposes of applying the project justification 

and local financial commitment criteria of 49 U.S.C. 5309(d) to a 

New Starts project, the Secretary may consider the costs and ridership of any connected project in an instance in which private parties 


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are making significant financial contributions to the construction of 

the connected project; additionally, the Secretary may consider the 

significant financial contributions of private parties to the connected 

project in calculating the non-Federal share of net capital project 

costs for the New Starts project. 

SEC. 169B. All bus new fixed guideway capital projects recommended in the President’s fiscal year 2012 budget request for 

funds appropriated under the Capital Investment Grants heading in 

this Act or any other Act shall be funded instead from amounts allocated under 49 U.S.C. 5309(m)(2)(C): Provided, That all such 

projects shall remain subject to the appropriate requirements of 49 

U.S.C. 5309(d) and (e). 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is hereby 

authorized to make such expenditures, within the limits of funds 

and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of 

the Government Corporation Control Act, as amended, as may be 

necessary in carrying out the programs set forth in the Corporation’s 

budget for the current fiscal year. 

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses for operations, maintenance, and capital 

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

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

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

MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

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

merchant fleet to serve the national security needs of the United 

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

OPERATIONS AND TRAINING

(INCLUDING RESCISSION)

For necessary expenses of operations and training activities authorized by law, $156,258,000, of which $11,100,000 shall remain 

available until expended for maintenance and repair of training 

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

remain available through September 30, 2013 for Student Incentive 

Program payments at State Maritime Academies, and of which 

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

maintenance and repair, equipment, and capital improvements at 

the United State Merchant Marine Academy: Provided, That 

amounts apportioned for the United States Merchant Marine Academy shall be available only upon allotments made personally by the 

Secretary of Transportation or the Assistant Secretary for Budget 


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and Programs: Provided further, That the Superintendent, Deputy 

Superintendent and the Director of the Office of Resource Management of the United States Merchant Marine Academy may not be 

allotment holders for the United States Merchant Marine Academy, 

and the Administrator of the Maritime Administration shall hold 

all allotments made by the Secretary of Transportation or the Assistant Secretary for Budget and Programs under the previous proviso: Provided further, That 50 percent of the funding made available for the United States Merchant Marine Academy under this 

heading shall be available only after the Secretary, in consultation 

with the Superintendent and the Maritime Administrator, completes 

a plan detailing by program or activity how such funding will be 

expended at the Academy, and this plan is submitted to the House 

and Senate Committees on Appropriations: Provided further, That 

of the prior year unobligated balances under this heading for information technology requirements of Public Law 111–207, $980,000 

are permanently rescinded. 

SHIP DISPOSAL

For necessary expenses related to the disposal of obsolete vessels 

in the National Defense Reserve Fleet of the Maritime Administration, $5,500,000, to remain available until expended. 

ASSISTANCE TO SMALL SHIPYARDS

To make grants to qualified shipyards as authorized under section 3508 of Public Law 110–417 or section 54101 of title 46, United 

States Code, $9,980,000, to remain available until expended: Provided, That to be considered for assistance, a qualified shipyard 

shall submit an application for assistance no later than 60 days 

after enactment of this Act: Provided further, That from applications submitted under the previous proviso, the Secretary of Transportation shall make grants no later than 120 days after enactment 

of this Act in such amounts as the Secretary determines. 

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

For the necessary administrative expenses of the maritime guar- anteed 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. 


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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 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. 


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PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

For expenses necessary to conduct the functions of the pipeline 

safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990, 

$109,252,000, of which $18,573,000 shall be derived from the Oil 

Spill Liability Trust Fund and shall remain available until September 30, 2014; and of which $90,679,000 shall be derived from 

the Pipeline Safety Fund, of which $48,191,000 shall remain available until September 30, 2014: Provided, That not less than 

$1,058,000 of the funds provided under this heading shall be for the 

one-call State grant program. 

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

For necessary expenses to carry out 49 U.S.C. 5128(b), 

$188,000, to be derived from the Emergency Preparedness Fund, to 

remain available until September 30, 2013: Provided, That not 

more than $28,318,000 shall be made available for obligation in fiscal year 2012 from amounts made available by 49 U.S.C. 5116(i) 

and 5128(b)–(c): Provided further, That none of the funds made 

available by 49 U.S.C. 5116(i), 5128(b), or 5128(c) shall be made 

available for obligation by individuals other than the Secretary of 

Transportation, or his designee. 

RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION

RESEARCH AND DEVELOPMENT

For necessary expenses of the Research and Innovative Technology Administration, $15,981,000, of which $9,007,000 shall remain available until September 30, 2014: Provided, That there may 

be credited to this appropriation, to be available until expended, 

funds received from States, counties, municipalities, other public 

authorities, and private sources for expenses incurred for training. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of the Inspector General to 

carry out the provisions of the Inspector General Act of 1978, as 

amended, $79,624,000: Provided, That the Inspector General shall 

have all necessary authority, in carrying out the duties specified in 

the Inspector General Act, as amended (5 U.S.C. App. 3), to investigate allegations of fraud, including false statements to the government (18 U.S.C. 1001), by any person or entity that is subject to regulation by the Department: Provided further, That the funds made 

available under this heading may be used to investigate, pursuant 

to section 41712 of title 49, United States Code: 


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(1) unfair or deceptive practices and unfair methods of 

competition by domestic and foreign air carriers and ticket 

agents; and 

(2) the compliance of domestic and foreign air carriers with 

respect to item (1) of this proviso: 

Provided further, That no funding through expenditure transfers 

shall be made between either the Federal Highway Administration, 

the Federal Aviation Administration, the Federal Transit Administration, or the National Transportation Safety Board, and the Office 

of Inspector General. 

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109, $29,310,000: Provided, That notwithstanding any other provision of law, not to exceed $1,250,000 from fees established by the Chairman of the Surface Transportation Board shall be credited to this appropriation as 

offsetting collections and used for necessary and authorized expenses 

under this heading: Provided further, That the sum herein appropriated from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal 

year 2012, to result in a final appropriation from the general fund 

estimated at no more than $28,060,000. 

GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION

SEC. 180. During the current fiscal year, applicable appropriations to the Department of Transportation shall be available for 

maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles 

operating in foreign countries on official department business; and 

uniforms or allowances therefor, as authorized by law (5 U.S.C. 

5901–5902). 

SEC. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized 

by 5 U.S.C. 3109, but at rates for individuals not to exceed the per 

diem rate equivalent to the rate for an Executive Level IV. 

SEC. 182. None of the funds in this Act shall be available for 

salaries and expenses of more than 110 political and Presidential 

appointees in the Department of Transportation: Provided, That 

none of the personnel covered by this provision may be assigned on 

temporary detail outside the Department of Transportation. 

SEC. 183. (a) No recipient of funds made available in this Act 

shall disseminate personal information (as defined in 18 U.S.C. 

2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for a use permitted under 18 

U.S.C. 2721. 

(b) Notwithstanding subsection (a), the Secretary shall not 

withhold funds provided in this Act for any grantee if a State is in 

noncompliance with this provision. 

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istration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be 

credited respectively to the Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account, the Federal Transit Administration’s 

‘‘Research and University Research Centers’’ account, and to the 

Federal Railroad Administration’s ‘‘Safety and Operations’’ account, 

except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105. 

SEC. 185. None of the funds in this Act to the Department of 

Transportation may be used to make a grant unless the Secretary 

of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project 

competitively selected to receive a discretionary grant award, any 

discretionary grant award, letter of intent, or full funding grant 

agreement totaling $1,000,000 or more is announced by the department or its modal administrations from: 

(1) any discretionary grant program of the Federal Highway Administration including the emergency relief program; 

(2) the airport improvement program of the Federal Aviation Administration; 

(3) any program of the Federal Railroad Administration; 

(4) any program of the Federal Transit Administration 

other than the formula grants and fixed guideway modernization programs; or 

(5) any funding provided under the headings ‘‘National Infrastructure Investments’’ and ‘‘Assistance to Small Shipyards’’ 

in this Act: Provided, That the Secretary gives concurrent notification to the House and Senate Committees on Appropriations 

for any ‘‘quick release’’ of funds from the emergency relief program: Provided further, That no notification shall involve funds 

that are not available for obligation. 

SEC. 186. Rebates, refunds, incentive payments, minor fees and 

other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of 

building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to 

elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. 

SEC. 187. Amounts made available in this or any other Act that 

the Secretary determines represent improper payments by the Department of Transportation to a third-party contractor under a financial assistance award, which are recovered pursuant to law, 

shall be available— 

(1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments; and 

(2) to pay contractors for services provided in recovering 

improper payments or contractor support in the implementation 

of the Improper Payments Information Act of 2002: Provided, 

That amounts in excess of that required for paragraphs (1) and 

(2)— 

(A) shall be credited to and merged with the appropriation from which the improper payments were made, and 

shall be available for the purposes and period for which 

such appropriations are available; or 


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(B) if no such appropriation remains available, shall 

be deposited in the Treasury as miscellaneous receipts: Provided further, That prior to the transfer of any such recovery to an appropriations account, the Secretary shall notify 

to the House and Senate Committees on Appropriations of 

the amount and reasons for such transfer: Provided further, 

That for purposes of this section, the term ‘‘improper payments’’, has the same meaning as that provided in section 

2(d)(2) of Public Law 107–300. 

SEC. 188. Notwithstanding any other provision of law, if any 

funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and 

Senate Committees on Appropriations, said reprogramming action 

shall be approved or denied solely by the Committees on Appropriations: Provided, That the Secretary may provide notice to other congressional committees of the action of the Committees on Appropriations on such reprogramming but not sooner than 30 days following 

the date on which the reprogramming action has been approved or 

denied by the House and Senate Committees on Appropriations. 

SEC. 189. None of the funds appropriated or otherwise made 

available under this Act may be used by the Surface Transportation 

Board of the Department of Transportation to charge or collect any 

filing fee for rate complaints filed with the Board in an amount in 

excess of the amount authorized for district court civil suit filing 

fees under section 1914 of title 28, United States Code. 

SEC. 190. Funds appropriated in this Act to the modal administrations may be obligated for the Office of the Secretary for the costs 

related to assessments or reimbursable agreements only when such 

amounts are for the costs of goods and services that are purchased 

to provide a direct benefit to the applicable modal administration 

or administrations. 

SEC. 191. (a) MEMBERSHIP.—Section 49106(c)(1) of title 49, 

United States Code, is amended— 

(1) in the matter preceding subparagraph (A) by striking 

‘‘13 members’’ and inserting ‘‘17 members’’; 

(2) in subparagraph (A) by striking ‘‘5 members’’ and inserting ‘‘7 members’’; 

(3) in subparagraph (B) by striking ‘‘3 members’’ and inserting ‘‘4 members’’; and 

(4) in subparagraph (C) by striking ‘‘2 members’’ and inserting ‘‘3 members’’. 

(b) TERM.—Section 49106(c)(3) of title 49, United States Code, 

is amended by striking the second sentence and inserting the following: ‘‘Any member of the board shall be eligible for reappointment for 1 additional term. A member shall not serve after the expiration of the member’s term(s).’’. 

(c) REMOVAL OF BOARD MEMBERS.—Section 49106(c)(6)(C) of 

title 49, United States Code, is amended by inserting after the first 

sentence: ‘‘A member appointed by the Mayor of the District of Columbia, the Governor of Maryland or the Governor of Virginia may 

be removed or suspended from office only for cause and in accordance with the laws of jurisdiction from which the member is appointed.’’. 


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(d) APPROVAL OF BOND ISSUES AND ANNUAL BUDGET.—Section 

49106(c)(7) of title 49, United States Code, is amended by striking 

‘‘Eight votes’’ and inserting ‘‘Ten votes’’. 

SEC. 192. None of the funds shall be used to enforce traffic control device compliance dates on State and local governments for the 

requirements listed in the Manual on Uniform Traffic Control Devices (MUTCD) to maintain minimum levels of sign retroflectivity 

and with minimum letter heights for street name signs; require 

agencies to implement an assessment or management method designed to maintain sign retroflectivity at or above the established 

minimum levels, except with respect to implementing an assessment 

or management method for regulatory and warning signs; or require agencies to replace regulatory, warning, post-mounted, street 

name, and overhead guide signs that are identified using the assessment or management method as failing to meet the established minimum retroflectivity levels. 

This title may be cited as the ‘‘Department of Transportation 

Appropriations Act, 2012’’. 

TITLE II 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

MANAGEMENT AND ADMINISTRATION

ADMINISTRATION, OPERATIONS, AND MANAGEMENT

For necessary salaries and expenses for administration, management and operations of the Department of Housing and Urban 

Development, $537,789,000, of which not to exceed $3,572,000 shall 

be available for the immediate Office of the Secretary; not to exceed 

$1,200,000 shall be for the Office of the Deputy Secretary and the 

Chief Operating Officer; not to exceed $1,700,000 shall be available 

for the Office of Hearings and Appeals; not to exceed $741,000 shall 

be available for the Office of Small and Disadvantaged Business 

Utilization; not to exceed $47,980,000 shall be available for the Office of the Chief Financial Officer; not to exceed $94,000,000 shall 

be available for the Office of the General Counsel; not to exceed 

$2,400,000 shall be available to the Office of Congressional and 

Intergovernmental Relations; not to exceed $3,515,000 shall be 

available for the Office of Public Affairs; not to exceed $255,436,000 

shall be available for the Office of the Chief Human Capital Officer; 

not to exceed $10,475,000 shall be available for the Office of Departmental Operations and Coordination; not to exceed $47,500,000 

shall be available for the Office of Field Policy and Management; 

not to exceed $14,700,000 shall be available for the Office of the 

Chief Procurement Officer; not to exceed $3,610,000 shall be available for the Office of Departmental Equal Employment Opportunity; 

not to exceed $1,448,000 shall be available for the Center for FaithBased 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 


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of Housing and Urban Development, not otherwise provided for, including purchase of uniforms, or allowances therefore, as authorized 

by 5 U.S.C. 5901–5902; hire of passenger motor vehicles; services as 

authorized by 5 U.S.C. 3109: Provided further, That notwithstanding any other provision of law, funds appropriated under this 

heading may be used for advertising and promotional activities that 

support the housing mission area: Provided further, That the Secretary shall transmit to the House and Senate Committees on Appropriations a detailed budget justification for each office within the 

Department, including an organizational chart for each operating 

area within the Department: Provided further, That the budget justification shall include funding levels for the past 3 fiscal years for 

all offices: Provided further, that the budget submitted by the Department must also include a detailed justification for the incremental funding increases, decreases and FTE fluctuations being requested by program, activity, or program element: Provided further, 

That the Department shall modify and improve its Resource Estimation and Allocation Program model, or other appropriate staff allocation model as specified in the statement of the managers accompanying this Act: Provided further, That the Secretary shall provide 

the Committees on Appropriations quarterly written notification regarding the status of pending congressional reports: Provided further, That the Secretary shall provide all signed reports required by 

Congress electronically: Provided further, That not to exceed 

$25,000 of the amount made available under this paragraph for the 

immediate Office of the Secretary shall be available for official reception and representation expenses as the Secretary may determine. 

PROGRAM OFFICE SALARIES AND EXPENSES

PUBLIC AND INDIAN HOUSING

For necessary salaries and expenses of the Office of Public and 

Indian Housing, $200,000,000. 

COMMUNITY PLANNING AND DEVELOPMENT

For necessary salaries and expenses of the Office of Community 

Planning and Development mission area, $100,000,000. 

HOUSING

For necessary salaries and expenses of the Office of Housing, 

$391,500,000, of which at least $8,200,000 shall be for the Office of 

Risk and Regulatory Affairs. 

POLICY DEVELOPMENT AND RESEARCH

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

FAIR HOUSING AND EQUAL OPPORTUNITY

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


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OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

For necessary salaries and expenses of the Office of Healthy 

Homes and Lead Hazard Control, $7,400,000. 

RENTAL ASSISTANCE DEMONSTRATION

To conduct a demonstration designed to preserve and improve 

public housing and certain other multifamily housing through the 

voluntary conversion of properties with assistance under section 9 of 

the United States Housing Act of 1937, (hereinafter, ‘‘the Act’’), or 

the moderate rehabilitation program under section 8(e)(2) of the Act 

(except for funds allocated under such section for single room occupancy dwellings as authorized by title IV of the McKinney-Vento 

Homeless Assistance Act), to properties with assistance under a 

project-based subsidy contract under section 8 of the Act, which 

shall be eligible for renewal under section 524 of the Multifamily 

Assisted Housing Reform and Affordability Act of 1997, or assistance under section 8(o)(13) of the Act, the Secretary may transfer 

amounts provided through contracts under section 8(e)(2) of the Act 

or under the headings ‘‘Public Housing Capital Fund’’ and ‘‘Public 

Housing Operating Fund’’ to the headings ‘‘Tenant-Based Rental 

Assistance’’ or ‘‘Project-Based Rental Assistance’’: Provided, That the 

initial long-term contract under which converted assistance is made 

available may allow for rental adjustments only by an operating 

cost factor established by the Secretary, and shall be subject to the 

availability of appropriations for each year of such term: Provided 

further, That project applications may be received under this demonstration until September 30, 2015: Provided further, That any increase in cost for ‘‘Tenant-Based Rental Assistance’’ or ‘‘ProjectBased 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 alterVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00127 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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native requirements for (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) any 

provision of section 8(o)(13) or any provision that governs the use 

of assistance from which a property is converted under the demonstration or funds made available under the headings of ‘‘Public 

Housing Capital Fund’’, ‘‘Public Housing Operating Fund’’, and 

‘‘Project-Based Rental Assistance’’, under this Act or any prior Act 

or any Act enacted during the period of conversion of assistance 

under the demonstration for properties with assistance converted 

under the demonstration, upon a finding by the Secretary that any 

such waivers or alternative requirements are necessary for the effective conversion of assistance under the demonstration: Provided further, That the Secretary shall publish by notice in the Federal Register any waivers or alternative requirements pursuant to the previous proviso no later than 10 days before the effective date of such 

notice: Provided further, That the demonstration may proceed after 

the Secretary publishes notice of its terms in the Federal Register: 

Provided further, That notwithstanding sections 3 and 16 of the 

Act, the conversion of assistance under the demonstration shall not 

be the basis for re-screening or termination of assistance or eviction 

of any tenant family in a property participating in the demonstration, and such a family shall not be considered a new admission for 

any purpose, including compliance with income targeting requirements: Provided further, That in the case of a property with assistance converted under the demonstration from assistance under section 9 of the Act, section 18 of the Act shall not apply to a property 

converting assistance under the demonstration for all or substantially all of its units, the Secretary shall require ownership or control of assisted units by a public or nonprofit entity except as determined by the Secretary to be necessary pursuant to foreclosure, 

bankruptcy, or termination and transfer of assistance for material 

violations or substantial default, in which case the priority for ownership or control shall be provided to a capable public entity, then 

a capable entity, as determined by the Secretary, shall require longterm 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 DevelopVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00128 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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ment Act of 1965, section 236(f)(2) of the National Housing Act, or 

section 8(e)(2) (except for funds allocated under such section for single room occupancy dwellings as authorized by title IV of the 

McKinney-Vento Homeless Assistance Act) of the United States 

Housing Act of 1937 for which an event after October 1, 2006 has 

caused or results in the termination of rental assistance or affordability restrictions and the issuance of tenant protection vouchers 

under section 8(o) of the Act, shall be eligible, subject to requirements established by the Secretary, including but not limited to tenant consultation procedures and agreement of the administering 

public housing agency, for conversion of assistance available for 

such vouchers to assistance under section 8(o)(13) of the Act, to 

which the limitation under subsection (B) of section 8(o)(13) of the 

Act shall not apply and for which the Secretary of Housing and 

Urban Development may waive or alter the provisions of subparagraphs (C) and (D) of section 8(o)(13) of the Act: Provided further, 

That with respect to the previous proviso, the Comptroller General 

of the United States shall conduct a study of the long-term impact 

of the previous proviso on the ratio of tenant-based vouchers to 

project-based vouchers. 

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

For activities and assistance for the provision of tenant-based 

rental assistance authorized under the United States Housing Act 

of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein), not 

otherwise provided for, $14,914,369,000, to remain available until 

expended, shall be available on October 1, 2011 (in addition to the 

$4,000,000,000 previously appropriated under this heading that became available on October 1, 2011), and $4,000,000,000, to remain 

available until expended, shall be available on October 1, 2012: Provided, That of the amounts made available under this heading are 

provided as follows: 

(1) $17,242,351,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of 

law authorizing such assistance under section 8(t) of the Act) 

and including renewal of other special purpose incremental 

vouchers: Provided, That notwithstanding any other provision 

of law, from amounts provided under this paragraph and any 

carryover, the Secretary for the calendar year 2012 funding 

cycle shall provide renewal funding for each public housing 

agency based on validated voucher management system (VMS) 

leasing and cost data for the prior calendar year and by applying an inflation factor as established by the Secretary, by notice 

published in the Federal Register, and by making any necessary 

adjustments for the costs associated with the first-time renewal 

of vouchers under this paragraph including tenant protection 

and HOPE VI vouchers: Provided further, That none of the 

funds provided under this paragraph may be used to fund a 

total number of unit months under lease which exceeds a public 

housing agency’s authorized level of units under contract, except 

for public housing agencies participating in the Moving to Work 

(MTW) demonstration, which are instead governed by the terms 


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and conditions of their MTW agreements: Provided further, 

That the Secretary shall, to the extent necessary to stay within 

the amount specified under this paragraph (except as otherwise 

modified under this Act), pro rate each public housing agency’s 

allocation otherwise established pursuant to this paragraph: 

Provided further, That except as provided in the following provisos, the entire amount specified under this paragraph (except 

as otherwise modified under this Act) shall be obligated to the 

public housing agencies based on the allocation and pro rata 

method described above, and the Secretary shall notify public 

housing agencies of their annual budget not later than 60 days 

after enactment of this Act: Provided further, That the Secretary 

may extend the 60-day notification period with the prior written 

approval of the House and Senate Committees on Appropriations: Provided further, That public housing agencies participating in the Moving to Work demonstration shall be funded 

pursuant to their Moving to Work agreements and shall be subject to the same pro rata adjustments under the previous provisos: Provided further, That up to $103,000,000 shall be available only: (1) to adjust the allocations for public housing agencies, after application for an adjustment by a public housing 

agency that experienced a significant increase, as determined by 

the Secretary, in renewal costs of tenant-based rental assistance 

resulting from unforeseen circumstances or from portability 

under section 8(r) of the Act; (2) for vouchers that were not in 

use during the 12-month period in order to be available to meet 

a commitment pursuant to section 8(o)(13) of the Act; (3) for adjustments for costs associated with HUD-Veterans Affairs Supportive Housing (HUD–VASH) vouchers; and (4) for incremental tenant-based assistance for eligible families currently 

assisted under the Disaster Voucher Program as authorized by 

Public Law 109–148 under this heading and the Disaster Housing Assistance Program for Hurricanes Ike and Gustav on the 

condition that such vouchers will not be re-issued when families 

leave the program: Provided further, That the Secretary shall 

allocate amounts under the previous proviso based on need as 

determined by the Secretary; 

(2) $75,000,000 shall be for section 8 rental assistance for 

relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion of section 23 projects to assistance under section 8, the 

family unification program under section 8(x) of the Act, relocation of witnesses in connection with efforts to combat crime in 

public and assisted housing pursuant to a request from a law 

enforcement or prosecution agency, enhanced vouchers under 

any provision of law authorizing such assistance under section 

8(t) of the Act, HOPE VI vouchers, mandatory and voluntary 

conversions, and tenant protection assistance including replacement and relocation assistance or for project-based assistance to 

prevent the displacement of unassisted elderly tenants currently 

residing in section 202 properties financed between 1959 and 

1974 that are refinanced pursuant to Public Law 106–569, as 

amended, or under the authority as provided under this Act: 

Provided, That when a public housing development is submitted for demolition or disposition under section 18 of the Act, 


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the Secretary may provide section 8 rental assistance when the 

units pose an imminent health and safety risk to residents: Provided further, That the Secretary may only provide replacement 

vouchers for units that were occupied within the previous 24 

months that cease to be available as assisted housing, subject 

only to the availability of funds: Provided further, That of the 

amounts made available under this paragraph, $10,000,000 

may be available to provide tenant protection assistance, not 

otherwise provided under this paragraph, to residents residing 

in low-vacancy areas and who may have to pay rents greater 

than 30 percent of household income, as the result of (1) the 

maturity of a HUD-insured, HUD-held or section 202 loan that 

requires the permission of the Secretary prior to loan prepayment; (2) the expiration of a rental assistance contract for which 

the tenants are not eligible for enhanced voucher or tenant protection assistance under existing law; or (3) the expiration of affordability restrictions accompanying a mortgage or preservation program administered by the Secretary: Provided further, 

That such tenant protection assistance made available under 

the previous proviso may be provided under the authority of section 8(t) or section 8(o)(13) of the United States Housing Act of 

1937 (42 U.S.C. 1437f(t)): Provided further, That the Secretary 

shall issue guidance to implement the previous provisos, including, but not limited to, requirements for defining eligible at-risk 

households within 120 days of the enactment of this Act; (3) $1,350,000,000 shall be for administrative and other expenses of public housing agencies in administering the section 

8 tenant-based rental assistance program, of which up to 

$50,000,000 shall be available to the Secretary to allocate to 

public housing agencies that need additional funds to administer their section 8 programs, including fees associated with 

section 8 tenant protection rental assistance, the administration 

of disaster related vouchers, Veterans Affairs Supportive Housing vouchers, and other incremental vouchers: Provided, That 

no less than $1,300,000,000 of the amount provided in this 

paragraph shall be allocated to public housing agencies for the 

calendar year 2012 funding cycle based on section 8(q) of the 

Act (and related Appropriation Act provisions) as in effect immediately before the enactment of the Quality Housing and 

Work Responsibility Act of 1998 (Public Law 105–276): Provided further, That if the amounts made available under this 

paragraph are insufficient to pay the amounts determined 

under the previous proviso, the Secretary may decrease the 

amounts allocated to agencies by a uniform percentage applicable to all agencies receiving funding under this paragraph or 

may, to the extent necessary to provide full payment of amounts 

determined under the previous proviso, utilize unobligated balances, including recaptures and carryovers, remaining from 

funds appropriated to the Department of Housing and Urban 

Development under this heading from prior fiscal years, notwithstanding the purposes for which such amounts were appropriated: Provided further, That amounts provided under this 

paragraph shall be only for activities related to the provision of 

tenant-based rental assistance authorized under section 8, including related development activities; 


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(4) $60,000,000 shall be available for family self-sufficiency 

coordinators under section 23 of the Act; (5) $112,018,000 for the renewal of tenant-based assistance 

contracts under section 811 of the Cranston-Gonzalez National 

Affordable Housing Act (42 U.S.C. 8013), including necessary 

administrative expenses; (6) $75,000,000 for incremental rental voucher assistance 

for use through a supported housing program administered in 

conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 

1937: Provided, That the Secretary of Housing and Urban Development shall make such funding available, notwithstanding 

section 204 (competition provision) of this title, to public housing agencies that partner with eligible VA Medical Centers or 

other entities as designated by the Secretary of the Department 

of Veterans Affairs, based on geographical need for such assistance as identified by the Secretary of the Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing 

and Urban Development in consultation with the Secretary of 

the Department of Veterans Affairs: Provided further, That the 

Secretary of Housing and Urban Development may waive, or 

specify alternative requirements for (in consultation with the 

Secretary of the Department of Veterans Affairs), any provision 

of any statute or regulation that the Secretary of Housing and 

Urban Development administers in connection with the use of 

funds made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary 

that any such waivers or alternative requirements are necessary 

for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available 

under this paragraph shall continue to remain available for 

homeless veterans upon turn-over; and 

(7) The Secretary shall separately track all special purpose 

vouchers funded under this heading. 

HOUSING CERTIFICATE FUND

(RESCISSION)

Of the unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of 

Housing and Urban Development under this heading, $200,000,000 

are rescinded, to be effected by the Secretary of Housing and Urban 

Development no later than September 30, 2012: Provided, That if 

insufficient funds exist under this heading, the remaining balance 

may be derived from any other unobligated balances available 

under any heading under this title funded in fiscal year 2011 and 

prior years: Provided further, That the Secretary shall notify the 

Committees on Appropriations of the unobligated balances used to 

meet this rescission 30 days in advance of such rescission: Provided 

further, That any such balances governed by reallocation provisions 

under the statute authorizing the program for which the funds were 

originally appropriated shall be available for the rescission: Provided further, That any obligated balances of contract authority 


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from fiscal year 1974 and prior that have been terminated shall be 

cancelled. 

PUBLIC HOUSING CAPITAL FUND

For the Public Housing Capital Fund Program to carry out capital and management activities for public housing agencies, as authorized under section 9 of the United States Housing Act of 1937 

(42 U.S.C. 1437g) (the ‘‘Act’’) $1,875,000,000, to remain available 

until September 30, 2015: Provided, That notwithstanding any 

other provision of law or regulation, during fiscal year 2012 the Secretary of Housing and Urban Development may not delegate to any 

Department official other than the Deputy Secretary and the Assistant Secretary for Public and Indian Housing any authority under 

paragraph (2) of section 9(j) regarding the extension of the time periods under such section: Provided further, That for purposes of 

such section 9(j), the term ‘‘obligate’’ means, with respect to 

amounts, that the amounts are subject to a binding agreement that 

will result in outlays, immediately or in the future: Provided further, That up to $10,000,000 shall be to support the ongoing Public 

Housing Financial and Physical Assessment activities of the Real 

Estate Assessment Center (REAC): Provided further, That of the 

total amount provided under this heading, not to exceed 

$20,000,000 shall be available for the Secretary to make grants, notwithstanding section 204 of this Act, to public housing agencies for 

emergency capital needs including safety and security measures necessary to address crime and drug-related activity as well as needs 

resulting from unforeseen or unpreventable emergencies and natural 

disasters excluding Presidentially declared emergencies and natural 

disasters under the Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2012: Provided further, That of the total amount provided under this heading 

$50,000,000 shall be for supportive services, service coordinator and 

congregate services as authorized by section 34 of the Act (42 U.S.C. 

1437z–6) and the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided further, 

That of the total amount provided under this heading, up to 

$5,000,000 is to support the costs of administrative and judicial receiverships: Provided further, That from the funds made available 

under this heading, the Secretary shall provide bonus awards in fiscal year 2012 to public housing agencies that are designated high 

performers. 

PUBLIC HOUSING OPERATING FUND

For 2012 payments to public housing agencies for the operation 

and management of public housing, as authorized by section 9(e) of 

the United States Housing Act of 1937 (42 U.S.C. 1437g(e)), 

$3,961,850,000, of which $20,000,000 shall be available until September 30, 2013: Provided, That in determining public housing 

agencies’, including Moving to Work agencies’, calendar year 2012 

funding allocations under this heading, the Secretary shall take 

into account public housing agencies’ excess operating fund reserves, 

as determined by the Secretary: Provided further, That Moving to 

Work agencies shall receive a pro-rata reduction consistent with 

their peer groups: Provided further, That no public housing agency 


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shall be left with less than $100,000 in operating reserves: Provided 

further, That the Secretary shall not offset excess reserves by more 

than $750,000,000: Provided further, That in implementing such allocation reductions, the Secretary shall establish a process by which 

public housing agencies can appeal the initial allocation amounts 

and the Secretary shall consider adjustments based on such factors, 

including prior funding reservations, commitments related to mixed 

finance developments, or reporting errors: Provided further, That 

the Secretary shall notify public housing agencies of such process 

and what documentation may be required as part of such appeal: 

Provided further, That following the appeals process established 

under the previous two provisos, the Secretary shall make final allocations: Provided further, That of the amount provided under this 

heading up to $20,000,000 may be set aside to provide assistance 

to any public housing authority who encounters financial hardship 

as a direct result of an excess reserve offset applied to an allocation 

of funding under this heading: Provided further, That the Secretary 

shall provide flexibility to public housing agencies to use excess operating reserves for capital improvements. 

CHOICE NEIGHBORHOODS INITIATIVE

For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of 1937 

(42 U.S.C. 1437v), unless otherwise specified under this heading), 

for transformation, rehabilitation, and replacement housing needs 

of both public and HUD-assisted housing and to transform neighborhoods of poverty into functioning, sustainable mixed income 

neighborhoods with appropriate services, schools, public assets, 

transportation and access to jobs, $120,000,000, to remain available 

until September 30, 2014: Provided, That grant funds may be used 

for resident and community services, community development, and 

affordable housing needs in the community, and for conversion of 

vacant or foreclosed properties to affordable housing: Provided further, That use of funds made available under this heading shall not 

be deemed to be public housing notwithstanding section 3(b)(1) of 

such Act: Provided further, That grantees shall commit to an additional period of affordability determined by the Secretary, but not 

fewer than 20 years: Provided further, That grantees shall undertake comprehensive local planning with input from residents and 

the community, and that grantees shall provide a match in State, 

local, other Federal or private funds: Provided further, That grantees may include local governments, tribal entities, public housing 

authorities, and nonprofits: Provided further, That for-profit developers may apply jointly with a public entity: Provided further, That 

of the amount provided, not less than $80,000,000 shall be awarded 

to public housing authorities: Provided further, That such grantees 

shall create partnerships with other local organizations including 

assisted housing owners, service agencies, and resident organizations: Provided further, That the Secretary shall consult with the 

Secretaries of Education, Labor, Transportation, Health and 

Human Services, Agriculture, and Commerce and the Administrator 

of the Environmental Protection Agency to coordinate and leverage 

other appropriate Federal resources: Provided further, That no more 

than $5,000,000 of funds made available under this heading may 

be provided to assist communities in developing comprehensive 


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strategies for implementing this program or implementing other revitalization efforts in conjunction with community notice and input: 

Provided further, That the Secretary shall develop and publish 

guidelines for the use of such competitive funds, including but not 

limited to eligible activities, program requirements, and performance metrics. 

NATIVE AMERICAN HOUSING BLOCK GRANTS

For the Native American Housing Block Grants program, as 

authorized under title I of the Native American Housing Assistance 

and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et 

seq.), $650,000,000, to remain available until September 30, 2016: 

Provided, That, notwithstanding the Native American Housing Assistance and Self-Determination Act of 1996, to determine the 

amount of the allocation under title I of such Act for each Indian 

tribe, the Secretary shall apply the formula under section 302 of 

such Act with the need component based on single-race census data 

and with the need component based on multi-race census data, and 

the amount of the allocation for each Indian tribe shall be the greater of the two resulting allocation amounts: Provided further, That 

of the amounts made available under this heading, $2,000,000 shall 

be contracted for assistance for national or regional organizations 

representing Native American housing interests for providing training and technical assistance to Indian housing authorities and tribally designated housing entities and $2,000,000 shall be to support 

the inspection of Indian housing units, contract expertise, training, 

and technical assistance in the training, oversight, and management of such Indian housing and tenant-based assistance, including 

up to $200,000 for related travel: Provided further, That of the 

amount provided under this heading, $2,000,000 shall be made 

available for the cost of guaranteed notes and other obligations, as 

authorized by title VI of NAHASDA: Provided further, That such 

costs, including the costs of modifying such notes and other obligations, shall be as defined in section 502 of the Congressional Budget 

Act of 1974, as amended: Provided further, That these funds are 

available to subsidize the total principal amount of any notes and 

other obligations, any part of which is to be guaranteed, not to exceed $20,000,000: Provided further, That the Department will notify 

grantees of their formula allocation within 60 days of enactment of 

this Act. 

NATIVE HAWAIIAN HOUSING BLOCK GRANT

For the Native Hawaiian Housing Block Grant program, as authorized under title VIII of the Native American Housing Assistance 

and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.), 

$13,000,000, to remain available until expended: Provided, That of 

this amount, $300,000 shall be for training and technical assistance 

activities, including up to $100,000 for related travel by Hawaiibased 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, 


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That such costs, including the costs of modifying such loans, shall 

be as defined in section 502 of the Congressional Budget Act of 

1974: Provided further, That these funds are available to subsidize 

total loan principal, any part of which is to be guaranteed, up to 

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

may be used for administrative contract expenses including management processes and systems to carry out the loan guarantee program. 

NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM

ACCOUNT

For the cost of guaranteed loans, as authorized by section 184A 

of the Housing and Community Development Act of 1992 (12 U.S.C. 

1715z) and for such costs for loans used for refinancing, $386,000, 

to remain available until expended: Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, 

That these funds are available to subsidize total loan principal, any 

part of which is to be guaranteed, not to exceed $41,504,000. 

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with 

AIDS program, as authorized by the AIDS Housing Opportunity Act 

(42 U.S.C. 12901 et seq.), $332,000,000, to remain available until 

September 30, 2013, except that amounts allocated pursuant to section 854(c)(3) of such Act shall remain available until September 

30, 2014: Provided, That the Secretary shall renew all expiring contracts for permanent supportive housing that were funded under 

section 854(c)(3) of such Act that meet all program requirements before awarding funds for new contracts and activities authorized 

under this section: Provided further, That the Department shall notify grantees of their formula allocation within 60 days of enactment 

of this Act. 

COMMUNITY DEVELOPMENT FUND

For assistance to units of State and local government, and to 

other entities, for economic and community development activities, 

and for other purposes, $3,308,090,000, to remain available until 

September 30, 2014, unless otherwise specified: Provided, That of 

the total amount provided, not less than $2,948,090,000 is for carrying out the community development block grant program under 

title I of the Housing and Community Development Act of 1974, as 

amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That unless explicitly provided for under this heading, not to 

exceed 20 percent of any grant made with funds appropriated under 

this heading shall be expended for planning and management development and administration: Provided further, That $60,000,000 

shall be for grants to Indian tribes notwithstanding section 

106(a)(1) of such Act, of which, notwithstanding any other provision 

of law (including section 204 of this Act), up to $3,960,000 may be 

used for emergencies that constitute imminent threats to health and 

safety: Provided further, That none of the funds made available 


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under this heading may be used for grants for the Economic Development Initiative (‘‘EDI’’) or Neighborhood Initiatives activities, 

Rural Innovation Fund, or for grants pursuant to section 107 of the 

Housing and Community Development Act of 1974 (42 U.S.C. 5307): 

Provided further, That the Department shall notify grantees of their 

formula allocation within 60 days of enactment of this Act. 

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

For the cost of guaranteed loans, $5,952,000, to remain available until September 30, 2013, as authorized by section 108 of the 

Housing and Community Development Act of 1974 (42 U.S.C. 5308): 

Provided, That such costs, including the cost of modifying such 

loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to 

subsidize total loan principal, any part of which is to be guaranteed, not to exceed $240,000,000, notwithstanding any aggregate 

limitation on outstanding obligations guaranteed in section 108(k) 

of the Housing and Community Development Act of 1974, as 

amended. 

HOME INVESTMENT PARTNERSHIPS PROGRAM

For the HOME investment partnerships program, as authorized 

under title II of the Cranston-Gonzalez National Affordable Housing 

Act, as amended, $1,000,000,000, to remain available until September 30, 2014: Provided, That notwithstanding the amount made 

available under this heading, the threshold reduction requirements 

in sections 216(10) and 217(b)(4) of such Act shall not apply to allocation of such amount: Provided further, That funds made available 

under this heading used for projects not completed within 4 years 

of the commitment date, as determined by a signature of each party 

to the agreement shall be repaid: Provided further, That the Secretary may extend the deadline for 1 year if the Secretary determines that the failure to complete the project is beyond the control 

of the participating jurisdiction: Provided further, That no funds 

provided under this heading may be committed to any project included as part of a participating jurisdiction’s plan under section 

105(b), unless each participating jurisdiction certifies that it has 

conducted an underwriting review, assessed developer capacity and 

fiscal soundness, and examined neighborhood market conditions to 

ensure adequate need for each project: Provided further, That any 

homeownership units funded under this heading which cannot be 

sold to an eligible homeowner within 6 months of project completion 

shall be rented to an eligible tenant: Provided further, That no 

funds provided under this heading may be awarded for development 

activities to a community housing development organization that 

cannot demonstrate that it has staff with demonstrated development 

experience: Provided further, That funds provided in prior appropriations Acts for technical assistance, that were made available for 

Community Housing Development Organizations technical assistance, and that still remain available, may be used for HOME technical assistance notwithstanding the purposes for which such 

amounts were appropriated: Provided further, That the Department 


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shall notify grantees of their formula allocation within 60 days of 

enactment of this Act. 

SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

For the Self-Help and Assisted Homeownership Opportunity 

Program, as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996, as amended, $53,500,000, to 

remain available until September 30, 2014: Provided, That of the 

total amount provided under this heading, $13,500,000 shall be 

made available to the Self-Help and Assisted Homeownership Opportunity Program as authorized under section 11 of the Housing 

Opportunity Program Extension Act of 1996, as amended: Provided 

further, That $35,000,000 shall be made available for the second, 

third and fourth capacity building activities authorized under section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 

note), of which not less than $5,000,000 may be made available for 

rural capacity-building activities: Provided further, That $5,000,000 

shall be made available for capacity-building activities for national 

organizations with expertise in rural housing, including experience 

working with rural housing organizations, local governments, and 

Indian tribes. 

HOMELESS ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS)

For the emergency solutions grants program as authorized 

under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as amended; the continuum of care program as authorized 

under subtitle C of title IV of such Act; and the rural housing stability assistance program as authorized under subtitle D of title IV 

of such Act, $1,901,190,000, of which $1,896,190,000 shall remain 

available until September 30, 2014, and of which $5,000,000 shall 

remain available until expended for project-based rental assistance 

with rehabilitation projects with 10-year grant terms and any rental 

assistance amounts that are recaptured under such continuum of 

care program shall remain available until expended: Provided, That 

not less than $250,000,000 of the funds appropriated under this 

heading shall be available for such emergency solutions grants program: Provided further, That not less than $1,593,000,000 of the 

funds appropriated under this heading shall be available for such 

continuum of care and rural housing stability assistance programs: 

Provided further, That up to $7,000,000 of the funds appropriated 

under this heading shall be available for the national homeless 

data analysis project: Provided further, That all funds awarded for 

supportive services under the continuum of care program and the 

rural housing stability assistance program shall be matched by not 

less than 25 percent in cash or in kind by each grantee: Provided 

further, That for all match requirements applicable to funds made 

available under this heading for this fiscal year and prior years, a 

grantee may use (or could have used) as a source of match funds 

other funds administered by the Secretary and other Federal agencies unless there is (or was) a specific statutory prohibition on any 

such use of any such funds: Provided further, That the Secretary 

shall renew on an annual basis expiring contracts or amendments 


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to contracts funded under the continuum of care program if the program is determined to be needed under the applicable continuum of 

care and meets appropriate program requirements and financial 

standards, as determined by the Secretary: Provided further, That 

all awards of assistance under this heading shall be required to coordinate and integrate homeless programs with other mainstream 

health, social services, and employment programs for which homeless populations may be eligible, including Medicaid, State Children’s Health Insurance Program, Temporary Assistance for Needy 

Families, Food Stamps, and services funding through the Mental 

Health and Substance Abuse Block Grant, Workforce Investment 

Act, and the Welfare-to-Work grant program: Provided further, That 

all balances for Shelter Plus Care renewals previously funded from 

the Shelter Plus Care Renewal account and transferred to this account shall be available, if recaptured, for continuum of care renewals in fiscal year 2012: Provided further, That the Department shall 

notify grantees of their formula allocation from amounts allocated 

(which may represent initial or final amounts allocated) for the 

emergency solutions grant program within 60 days of enactment of 

this Act. 

HOUSING PROGRAMS

PROJECT-BASED RENTAL ASSISTANCE

For activities and assistance for the provision of project-based 

subsidy contracts under the United States Housing Act of 1937 (42 

U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for, 

$8,939,672,000, to remain available until expended, shall be available on October 1, 2011 (in addition to the $400,000,000 previously 

appropriated under this heading that became available October 1, 

2011), and $400,000,000, to remain available until expended, shall 

be available on October 1, 2012: Provided, That the amounts made 

available under this heading shall be available for expiring or terminating section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for amendments to section 

8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant to section 

441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11401), for renewal of section 8 contracts for units in projects that 

are subject to approved plans of action under the Emergency Low 

Income Housing Preservation Act of 1987 or the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for 

administrative and other expenses associated with project-based activities and assistance funded under this paragraph: Provided further, That of the total amounts provided under this heading, not to 

exceed $289,000,000 shall be available for performance-based contract administrators for section 8 project-based assistance: Provided 

further, That the Secretary of Housing and Urban Development may 

also use such amounts in the previous proviso for performancebased 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 elVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00139 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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derly 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 CranstonGonzalez 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 projectbased contracts or for performance-based contract administrators, 

notwithstanding the purposes for which such amounts were appropriated. 

HOUSING FOR THE ELDERLY

For amendments to capital advance contracts for housing for 

the elderly, as authorized by section 202 of the Housing Act of 1959, 

as amended, and for project rental assistance for the elderly under 

section 202(c)(2) of such Act, including amendments to contracts for 

such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for senior preservation rental assistance contracts, as authorized by section 811(e) of the American 

Housing and Economic Opportunity Act of 2000, as amended, and 

for supportive services associated with the housing, $374,627,000 to 

remain available until September 30, 2015: Provided, That of the 

amount provided under this heading, up to $91,000,000 shall be for 

service coordinators and the continuation of existing congregate 

service grants for residents of assisted housing projects, and of 

which up to $25,000,000 shall be for grants under section 202b of 

the Housing Act of 1959 (12 U.S.C. 1701q–2) for conversion of eligible projects under such section to assisted living, service-enriched 

housing, or related use for substantial and emergency repairs as determined by the Secretary: Provided further, That amounts under 

this heading shall be available for Real Estate Assessment Center 

inspections and inspection-related activities associated with section 

202 capital advance projects: Provided further, That the Secretary 

may waive the provisions of section 202 governing the terms and 

conditions of project rental assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration. 

HOUSING FOR PERSONS WITH DISABILITIES

For amendments to capital advance contracts for supportive 

housing for persons with disabilities, as authorized by section 811 

of the Cranston-Gonzalez National Affordable Housing Act (42 

U.S.C. 8013) and for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of such Act 

and for project assistance contracts pursuant to section 202(h) of the 

Housing Act of 1959 (Public Law 86–372; 73 STAT. 667), including 

amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for 

supportive services associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, $165,000,000 

to remain available until September 30, 2015: Provided, That the 

Secretary may waive the provisions of section 811 governing the 

terms and conditions of project rental assistance, except that the iniVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00140 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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tial contract term for such assistance shall not exceed 5 years in duration: Provided further, That amounts made available under this 

heading shall be available for Real Estate Assessment Center inspections and inspection-related activities associated with section 

811 Capital Advance Projects: Provided further, That the Secretary 

shall conduct a demonstration program to make available funds 

provided under this heading for project rental assistance to State 

housing finance agencies and other appropriate entities as authorized under section 811(b)(3) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(b)(3)). 

HOUSING COUNSELING ASSISTANCE

For contracts, grants, and other assistance excluding loans, as 

authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $45,000,000, including up to 

$2,500,000 for administrative contract services, to remain available 

until September 30, 2012: Provided, That grants made available 

from amounts provided under this heading shall be awarded within 

120 days of enactment of this Act: Provided further, That funds 

shall be used for providing counseling and advice to tenants and 

homeowners, both current and prospective, with respect to property 

maintenance, financial management/literacy, and such other matters as may be appropriate to assist them in improving their housing conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership; for program administration; and for housing counselor training. 

OTHER ASSISTED HOUSING PROGRAMS

RENTAL HOUSING ASSISTANCE

For amendments to or extensions for up to 1 year of contracts 

under section 101 of the Housing and Urban Development Act of 

1965 (12 U.S.C. 1701s) and section 236(f)(2) of the National Housing Act (12 U.S.C. 1715z–1) in State-aided, noninsured rental housing projects, $1,300,000, to remain available until expended. 

RENT SUPPLEMENT

(RESCISSION)

Of the amounts recaptured from terminated contracts under 

section 101 of the Housing and Urban Development Act of 1965 (12 

U.S.C. 1701s) and section 236 of the National Housing Act (12 

U.S.C. 1715z–1) $231,600,000 are rescinded: Provided, That no 

amounts may be rescinded from amounts that were designated by 

the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. 

PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 

U.S.C. 5401 et seq.), up to $6,500,000, to remain available until expended, of which $4,000,000 is to be derived from the Manufactured 

Housing Fees Trust Fund: Provided, That not to exceed the total 


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amount appropriated under this heading shall be available from the 

general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the 

Fund pursuant to section 620 of such Act: Provided further, That 

the amount made available under this heading from the general 

fund shall be reduced as such collections are received during fiscal 

year 2012 so as to result in a final fiscal year 2012 appropriation 

from the general fund estimated at not more than $2,500,000 and 

fees pursuant to such section 620 shall be modified as necessary to 

ensure such a final fiscal year 2012 appropriation: Provided further, 

That for the dispute resolution and installation programs, the Secretary of Housing and Urban Development may assess and collect 

fees from any program participant: Provided further, That such collections shall be deposited into the Fund, and the Secretary, as provided herein, may use such collections, as well as fees collected 

under section 620, for necessary expenses of such Act: Provided further, That notwithstanding the requirements of section 620 of such 

Act, the Secretary may carry out responsibilities of the Secretary 

under such Act through the use of approved service providers that 

are paid directly by the recipients of their services. 

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

New commitments to guarantee single family loans insured 

under the Mutual Mortgage Insurance Fund shall not exceed 

$400,000,000,000, to remain available until September 30, 2013: 

Provided, That during fiscal year 2012, obligations to make direct 

loans to carry out the purposes of section 204(g) of the National 

Housing Act, as amended, shall not exceed $50,000,000: Provided 

further, That the foregoing amount in the previous proviso shall be 

for loans to nonprofit and governmental entities in connection with 

sales of single family real properties owned by the Secretary and 

formerly insured under the Mutual Mortgage Insurance Fund. For 

administrative contract expenses of the Federal Housing Administration, $207,000,000, to remain available until September 30, 

2013, of which up to $71,500,000 may be transferred to and merged 

with the Working Capital Fund: Provided further, That to the extent 

guaranteed loan commitments exceed $200,000,000,000 on or before 

April 1, 2012, an additional $1,400 for administrative contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any 

amount below $1,000,000), but in no case shall funds made available by this proviso exceed $30,000,000. 

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

During fiscal year 2012, commitments to guarantee loans incurred under the General and Special Risk Insurance Funds, as authorized by sections 238 and 519 of the National Housing Act (12 

U.S.C. 1715z–3 and 1735c), shall not exceed $25,000,000,000 in 

total loan principal, any part of which is to be guaranteed. 

Gross obligations for the principal amount of direct loans, as 

authorized by sections 204(g), 207(l), 238, and 519(a) of the NaVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00142 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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tional Housing Act, shall not exceed $20,000,000, which shall be for 

loans to nonprofit and governmental entities in connection with the 

sale of single family real properties owned by the Secretary and formerly insured under such Act. 

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

New commitments to issue guarantees to carry out the purposes 

of section 306 of the National Housing Act, as amended (12 U.S.C. 

1721(g)), shall not exceed $500,000,000,000, to remain available 

until September 30, 2013: Provided, That $19,500,000 shall be 

available for personnel compensation and benefits, and other administrative expenses of the Government National Mortgage Association: Provided further, That to the extent that guaranteed loan 

commitments will and do exceed $155,000,000,000 on or before 

April 1, 2012, an additional $100 for personnel compensation and 

benefits, and administrative expenses shall be available until expended for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below 

$1,000,000), but in no case shall funds made available by this proviso exceed $3,000,000: Provided further, That receipts from Commitment and Multiclass fees collected pursuant to title III of the National Housing Act, as amended, shall be credited as offsetting collections to this account. 

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and 

Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying out the functions of the Secretary of Housing and 

Urban Development under section 1(a)(1)(i) of Reorganization Plan 

No. 2 of 1968, $46,000,000, to remain available until September 30, 

2013: Provided, That with respect to amounts made available under 

this heading, notwithstanding section 204 of this title, the Secretary 

may enter into cooperative agreements funded with philanthropic 

entities, other Federal agencies, or State or local governments and 

their agencies for research projects: Provided further, That with respect to the previous proviso, such partners to the cooperative agreements must contribute at least a 50 percent match toward the cost 

of the project: Provided further, That for non-competitive agreements 

entered into in accordance with the previous two provisos, the Secretary of Housing and Urban Development shall comply with section 2(b) of the Federal Funding Accountability and Transparency 

Act of 2006 (Public Law 109–282, 31 U.S.C. note) in lieu of compliance with section 102(a)(4)(C) with respect to documentation of 

award decisions. 


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FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, 

as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act of 1987, 

as amended, $70,847,000, to remain available until September 30, 

2013, of which $42,500,000 shall be to carry out activities pursuant 

to such section 561: Provided, That notwithstanding 31 U.S.C. 

3302, the Secretary may assess and collect fees to cover the costs of 

the Fair Housing Training Academy, and may use such funds to 

provide such training: Provided further, That no funds made available under this heading shall be used to lobby the executive or legislative branches of the Federal Government in connection with a specific contract, grant or loan: Provided further, That of the funds 

made available under this heading, $300,000 shall be available to 

the Secretary of Housing and Urban Development for the creation 

and promotion of translated materials and other programs that 

support the assistance of persons with limited English proficiency in 

utilizing the services provided by the Department of Housing and 

Urban Development. 

OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

LEAD HAZARD REDUCTION

For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction 

Act of 1992, $120,000,000, to remain available until September 30, 

2013: Provided, That up to $10,000,000 of that amount shall be for 

the Healthy Homes Initiative, pursuant to sections 501 and 502 of 

the Housing and Urban Development Act of 1970 that shall include 

research, studies, testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and 

other housing-related diseases and hazards: Provided further, That 

for purposes of environmental review, pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 

provisions of the law that further the purposes of such Act, a grant 

under the Healthy Homes Initiative, Operation Lead Elimination 

Action Plan (LEAP), or the Lead Technical Studies program under 

this heading or under prior appropriations Acts for such purposes 

under this heading, shall be considered to be funds for a special 

project for purposes of section 305(c) of the Multifamily Housing 

Property Disposition Reform Act of 1994: Provided further, That of 

the total amount made available under this heading, $45,000,000 

shall be made available on a competitive basis for areas with the 

highest lead paint abatement needs: Provided further, That each recipient of funds provided under the third proviso shall make a 

matching contribution in an amount not less than 25 percent: Provided further, That each applicant shall certify adequate capacity 

that is acceptable to the Secretary to carry out the proposed use of 

funds pursuant to a notice of funding availability: Provided further, 

That amounts made available under this heading in this or prior 

appropriations Acts, and that still remain available, may be used 


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for any purpose under this heading notwithstanding the purpose for 

which such amounts were appropriated if a program competition is 

undersubscribed and there are other program competitions under 

this heading that are oversubscribed. 

WORKING CAPITAL FUND

For additional capital for the Working Capital Fund (42 U.S.C. 

3535) for the development of, modifications to, and infrastructure 

for Department-wide and program-specific information technology 

systems, for the continuing operation and maintenance of both Department-wide and program-specific information systems, and for 

program-related maintenance activities, $199,035,000, to remain 

available until September 30, 2013: Provided, That any amounts 

transferred to this Fund under this Act shall remain available until 

expended: Provided further, That any amounts transferred to this 

Fund from amounts appropriated by previously enacted appropriations Acts may be used for the purposes specified under this Fund, 

in addition to any other information technology the purposes for 

which such amounts were appropriated: Provided further, That not 

more than 25 percent of the funds made available under this heading for Development, Modernization and Enhancement, including 

development and deployment of a Next Generation of Voucher Management System and development and deployment of modernized 

Federal Housing Administration systems may be obligated until the 

Secretary submits to the Committees on Appropriations a plan for 

expenditure that—(A) identifies for each modernization project: (i) 

the functional and performance capabilities to be delivered and the 

mission benefits to be realized, (ii) the estimated life-cycle cost, and 

(iii) key milestones to be met; (B) demonstrates that each modernization project is: (i) compliant with the department’s enterprise architecture, (ii) being managed in accordance with applicable life-cycle 

management policies and guidance, (iii) subject to the department’s 

capital planning and investment control requirements, and (iv) supported by an adequately staffed project office; and (C) has been reviewed by the Government Accountability Office. 

OFFICE OF INSPECTOR GENERAL

For necessary salaries and expenses of the Office of Inspector 

General in carrying out the Inspector General Act of 1978, as 

amended, $124,000,000: Provided, That the Inspector General shall 

have independent authority over all personnel issues within this office. 

TRANSFORMATION INITIATIVE

For necessary expenses of research, evaluation, and program 

metrics activities; program demonstrations; and technical assistance 

and capacity building, $50,000,000 to remain available until September 30, 2014: Provided, That with respect to amounts made 

available under this heading for research, evaluation and program 

metrics or program demonstrations, the Secretary may make grants 

or enter into cooperative agreements if such grants or agreements include a substantial match contribution, notwithstanding section 204 

of this title. 


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GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

SEC. 201. Fifty percent of the amounts of budget authority, or 

in lieu thereof 50 percent of the cash amounts associated with such 

budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance 

Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded 

or in the case of cash, shall be remitted to the Treasury, and such 

amounts of budget authority or cash recaptured and not rescinded 

or remitted to the Treasury shall be used by State housing finance 

agencies or local governments or local housing agencies with 

projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, 

the Secretary may award up to 15 percent of the budget authority 

or cash recaptured and not rescinded or remitted to the Treasury to 

provide project owners with incentives to refinance their project at 

a lower interest rate. 

SEC. 202. None of the amounts made available under this Act 

may be used during fiscal year 2012 to investigate or prosecute 

under the Fair Housing Act any otherwise lawful activity engaged 

in by one or more persons, including the filing or maintaining of a 

nonfrivolous legal action, that is engaged in solely for the purpose 

of achieving or preventing action by a Government official or entity, 

or a court of competent jurisdiction. 

SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS 

Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any 

amounts made available under this title for fiscal year 2012 that 

are allocated under such section, the Secretary of Housing and 

Urban Development shall allocate and make a grant, in the amount 

determined under subsection (b), for any State that— 

(1) received an allocation in a prior fiscal year under clause 

(ii) of such section; and 

(2) is not otherwise eligible for an allocation for fiscal year 

2012 under such clause (ii) because the areas in the State outside of the metropolitan statistical areas that qualify under 

clause (i) in fiscal year 2011 do not have the number of cases 

of acquired immunodeficiency syndrome (AIDS) required under 

such clause. 

(b) The amount of the allocation and grant for any State described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are outside of metropolitan statistical areas that qualify under clause (i) of 

such section 854(c)(1)(A) in fiscal year 2012, in proportion to AIDS 

cases among cities and States that qualify under clauses (i) and (ii) 

of such section and States deemed eligible under subsection (a). 

(c) Notwithstanding any other provision of law, the amount allocated for fiscal year 2012 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the city of New York, 

New York, on behalf of the New York-Wayne-White Plains, New 

York-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’) of the New York-Newark-Edison, NY–NJ–PA Metropolitan 


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Statistical Area, shall be adjusted by the Secretary of Housing and 

Urban Development by: 

(1) allocating to the city of Jersey City, New Jersey, the proportion of the metropolitan area’s or division’s amount that is 

based on the number of cases of AIDS reported in the portion 

of the metropolitan area or division that is located in Hudson 

County, New Jersey, and adjusting for the proportion of the 

metropolitan division’s high-incidence bonus if this area in New 

Jersey also has a higher than average per capita incidence of 

AIDS; and 

(2) allocating to the city of Paterson, New Jersey, the proportion of the metropolitan area’s or division’s amount that is 

based on the number of cases of AIDS reported in the portion 

of the metropolitan area or division that is located in Bergen 

County and Passaic County, New Jersey, and adjusting for the 

proportion of the metropolitan division’s high incidence bonus 

if this area in New Jersey also has a higher than average per 

capita incidence of AIDS. The recipient cities shall use amounts 

allocated under this subsection to carry out eligible activities 

under section 855 of the AIDS Housing Opportunity Act (42 

U.S.C. 12904) in their respective portions of the metropolitan 

division that is located in New Jersey. 

(d) Notwithstanding any other provision of law, the amount allocated for fiscal year 2012 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher 

than average per capita incidence of AIDS, shall be adjusted by the 

Secretary on the basis of area incidence reported over a 3-year period. 

SEC. 204. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of 

this Act shall be made on a competitive basis and in accordance 

with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545). 

SEC. 205. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services 

on a contract or fee basis, and for utilizing and making payment 

for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home 

Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and 

any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811–1). 

SEC. 206. Unless otherwise provided for in this Act or through 

a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for 

any program, project or activity in excess of amounts set forth in the 

budget estimates submitted to Congress. 

SEC. 207. Corporations and agencies of the Department of 

Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such 

expenditures, within the limits of funds and borrowing authority 

available to each such corporation or agency and in accordance 

with law, and to make such contracts and commitments without reVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00147 Fmt 6659 Sfmt 6603 E:\HR\OC\HR284.XXX HR284

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gard 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 

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. 


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Any amounts allocated to a State under this section shall be used 

to carry out eligible activities within the portion of the metropolitan 

statistical area located in that State. 

SEC. 210. The President’s formal budget request for fiscal year 

2013, as well as the Department of Housing and Urban Development’s congressional budget justifications to be submitted to the 

Committees on Appropriations of the House of Representatives and 

the Senate, shall use the identical account and sub-account structure provided under this Act. 

SEC. 211. A public housing agency or such other entity that administers Federal housing assistance for the Housing Authority of 

the county of Los Angeles, California, the States of Alaska, Iowa, 

and Mississippi shall not be required to include a resident of public 

housing or a recipient of assistance provided under section 8 of the 

United States Housing Act of 1937 on the board of directors or a 

similar governing board of such agency or entity as required under 

section (2)(b) of such Act. Each public housing agency or other entity 

that administers Federal housing assistance under section 8 for the 

Housing Authority of the county of Los Angeles, California and the 

States of Alaska, Iowa and Mississippi that chooses not to include 

a resident of public housing or a recipient of section 8 assistance on 

the board of directors or a similar governing board shall establish 

an advisory board of not less than six residents of public housing 

or recipients of section 8 assistance to provide advice and comment 

to the public housing agency or other administering entity on issues 

related to public housing and section 8. Such advisory board shall 

meet not less than quarterly. 

SEC. 212. (a) Notwithstanding any other provision of law, subject to the conditions listed in subsection (b), for fiscal years 2012 

and 2013, the Secretary of Housing and Urban Development may 

authorize the transfer of some or all project-based assistance, debt 

and statutorily required low-income and very low-income use restrictions, associated with one or more multifamily housing project 

to another multifamily housing project or projects. 

(b) PHASED TRANSFERS.—Transfers of project-based assistance 

under this section may be done in phases to accommodate the financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards 

under section (c). 

(c) The transfer authorized in subsection (a) is subject to the following conditions: 

(1) NUMBER AND BEDROOM SIZE OF UNITS.— 

(A) For occupied units in the transferring project: the 

number of low-income and very low-income units and the 

configuration (i.e. bedroom size) provided by the transferring project shall be no less than when transferred to the 

receiving project or projects and the net dollar amount of 

Federal assistance provided by the transferring project 

shall remain the same in the receiving project or projects. 

(B) For unoccupied units in the transferring project: 

the Secretary may authorize a reduction in the number of 

dwelling units in the receiving project or projects to allow 

for a reconfiguration of bedroom sizes to meet current market demands, as determined by the Secretary and provided 


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there is no increase in the project-based section 8 budget 

authority. 

(2) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically nonviable. 

(3) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary. 

(4) The owner or mortgagor of the transferring project shall 

notify and consult with the tenants residing in the transferring 

project and provide a certification of approval by all appropriate local governmental officials. 

(5) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or 

projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving 

project are available for occupancy. 

(6) The Secretary determines that this transfer is in the best 

interest of the tenants. 

(7) If either the transferring project or the receiving project 

or projects meets the condition specified in subsection (d)(2)(A), 

any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any 

FHA-insured mortgage lien transferred to, or placed on, such 

project by the Secretary, except that the Secretary may waive 

this requirement upon determination that such a waiver is necessary to facilitate the financing of acquisition, construction, 

and/or rehabilitation of the receiving project or projects. 

(8) If the transferring project meets the requirements of subsection (c)(2)(E), the owner or mortgagor of the receiving project 

or projects shall execute and record either a continuation of the 

existing use agreement or a new use agreement for the project 

where, in either case, any use restrictions in such agreement are 

of no lesser duration than the existing use restrictions. 

(d) For purposes of this section— 

(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall 

have the meanings provided by the statute and/or regulations 

governing the program under which the project is insured or assisted; 

(2) the term ‘‘multifamily housing project’’ means housing 

that meets one of the following conditions— 

(A) housing that is subject to a mortgage insured under 

the National Housing Act; 

(B) housing that has project-based assistance attached 

to the structure including projects undergoing mark to market debt restructuring under the Multifamily Assisted 

Housing Reform and Affordability Housing Act; 

(C) housing that is assisted under section 202 of the 

Housing Act of 1959 as amended by section 801 of the 

Cranston-Gonzales National Affordable Housing Act; 

(D) housing that is assisted under section 202 of the 

Housing Act of 1959, as such section existed before the enactment of the Cranston-Gonzales National Affordable 

Housing Act; or 

(E) housing or vacant land that is subject to a use 

agreement; 

(3) the term ‘‘project-based assistance’’ means— 


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(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 lowincome 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. 

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 


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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 costeffective fashion, the Secretary may, in consultation with the tenants 

of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties, 

or provide other rental assistance. The Secretary shall also take appropriate steps to ensure that project-based contracts remain in effect prior to foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major 

threats to health and safety after written notice to and informed 

consent of the affected tenants and use of other available remedies, 

such as partial abatements or receivership. After disposition of any 

multifamily property described under this section, the contract and 

allowable rent levels on such properties shall be subject to the requirements under section 524 of MAHRAA. 

SEC. 218. The Secretary of Housing and Urban Development 

shall report quarterly to the House of Representatives and Senate 

Committees on Appropriations on HUD’s use of all sole-source contracts, including terms of the contracts, cost, and a substantive rationale for using a sole-source contract. 

SEC. 219. During fiscal year 2012, in the provision of rental assistance under section 8(o) of the United States Housing Act of 1937 

(42 U.S.C. 1437f(o)) in connection with a program to demonstrate 

the economy and effectiveness of providing such assistance for use 

in assisted living facilities that is carried out in the counties of the 

State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) 


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of such section 8(o), a family residing in an assisted living facility 

in any such county, on behalf of which a public housing agency provides assistance pursuant to section 8(o)(18) of such Act, may be required, at the time the family initially receives such assistance, to 

pay rent in an amount exceeding 40 percent of the monthly adjusted 

income of the family by such a percentage or amount as the Secretary of Housing and Urban Development determines to be appropriate. 

SEC. 220. Notwithstanding any other provision of law, the recipient of a grant under section 202b of the Housing Act of 1959 (12 

U.S.C. 1701q) after December 26, 2000, in accordance with the unnumbered paragraph at the end of section 202(b) of such Act, may, 

at its option, establish a single-asset nonprofit entity to own the 

project and may lend the grant funds to such entity, which may be 

a private nonprofit organization described in section 831 of the 

American Homeownership and Economic Opportunity Act of 2000. 

SEC. 221. The amounts provided under the subheading ‘‘Program Account’’ under the heading ‘‘Community Development Loan 

Guarantees’’ may be used to guarantee, or make commitments to 

guarantee, notes, or other obligations issued by any State on behalf 

of non-entitlement communities in the State in accordance with the 

requirements of section 108 of the Housing and Community Development Act of 1974: Provided, That any State receiving such a 

guarantee or commitment shall distribute all funds subject to such 

guarantee to the units of general local government in non-entitlement areas that received the commitment. 

SEC. 222. Section 24 of the United States Housing Act of 1937 

(42 U.S.C. 1437v) is amended— 

(1) in subsection (m)(1), by striking ‘‘fiscal year’’ and all 

that follows through the period at the end and inserting ‘‘fiscal 

year 2012.’’; and 

(2) in subsection (o), by striking ‘‘September’’ and all that 

follows through the period at the end and inserting ‘‘September 

30, 2012.’’. 

SEC. 223. Public housing agencies that own and operate 400 or 

fewer public housing units may elect to be exempt from any asset 

management requirement imposed by the Secretary of Housing and 

Urban Development in connection with the operating fund rule: Provided, That an agency seeking a discontinuance of a reduction of 

subsidy under the operating fund formula shall not be exempt from 

asset management requirements. 

SEC. 224. With respect to the use of amounts provided in this 

Act and in future Acts for the operation, capital improvement and 

management of public housing as authorized by sections 9(d) and 

9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d) 

and (e)), the Secretary shall not impose any requirement or guideline relating to asset management that restricts or limits in any way 

the use of capital funds for central office costs pursuant to section 

9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42 

U.S.C. 1437g(g)(1), (2)): Provided, That a public housing agency 

may not use capital funds authorized under section 9(d) for activities that are eligible under section 9(e) for assistance with amounts 

from the operating fund in excess of the amounts permitted under 

section 9(g)(1) or 9(g)(2). 


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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 projectbased units. The Secretary shall identify in detail and by project all 

the efforts made by the Department to preserve all section 8 projectbased housing units and all the reasons for any units which opted 

out or otherwise were lost as section 8 project-based units. Such 

analysis shall include a review of the impact of the loss of any subsidized units in that housing marketplace, such as the impact of 

cost and the loss of available subsidized, low-income housing in 

areas with scarce housing resources for low-income families. 

SEC. 227. Payment of attorney fees in program-related litigation 

must be paid from individual program office personnel benefits and 

compensation funding. The annual budget submission for program 

office personnel benefit and compensation funding must include program-related litigation costs for attorney fees as a separate line item 

request. 

SEC. 228. The Secretary of the Department of Housing and 

Urban Development shall for fiscal year 2012 and subsequent fiscal 

years, notify the public through the Federal Register and other 

means, as determined appropriate, of the issuance of a notice of the 

availability of assistance or notice of funding availability (NOFA) 

for any program or discretionary fund administered by the Secretary that is to be competitively awarded. Notwithstanding any 

other provision of law, for fiscal year 2012 and subsequent fiscal 

years, the Secretary may make the NOFA available only on the 

Internet at the appropriate Government Web site or through other 

electronic media, as determined by the Secretary. 

SEC. 229. The Secretary of the Department of Housing and 

Urban Development is authorized to transfer up to 5 percent or 

$5,000,000, whichever is less, of the funds appropriated for any office funded under the heading ‘‘Administration, Operations, and 

Management’’ to any other office funded under such heading: Provided, That no appropriation for any office funded under the heading ‘‘Administration, Operations, and Management’’ shall be increased or decreased by more than 5 percent or $5,000,000, whichever is less, without prior written approval of the House and Senate 


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Committees on Appropriations: Provided further, That the Secretary 

is authorized to transfer up to 5 percent or $5,000,000, whichever 

is less, of the funds appropriated for any account funded under the 

general heading ‘‘Program Office Salaries and Expenses’’ to any 

other account funded under such heading: Provided further, That 

no appropriation for any account funded under the general heading 

‘‘Program Office Salaries and Expenses’’ shall be increased or decreased by more than 5 percent or $5,000,000, whichever is less, 

without prior written approval of the House and Senate Committees 

on Appropriations: Provided further, That the Secretary may transfer funds made available for salaries and expenses between any office funded under the heading ‘‘Administration, Operations and 

Management’’ and any account funded under the general heading 

‘‘Program Office Salaries and Expenses’’, but only with the prior 

written approval of the House and Senate Committees on Appropriations. 

SEC. 230. The Disaster Housing Assistance Programs, administered by the Department of Housing and Urban Development, shall 

be considered a ‘‘program of the Department of Housing and Urban 

Development’’ under section 904 of the McKinney Act for the purpose 

of income verifications and matching. 

SEC. 231. The Comptroller General of the United States shall 

carry out a study of the effectiveness of the block grant programs 

administered by the Office of Community Planning and Development of the Department of Housing and Urban Development, including an examination of best practices utilized by program grantees and performance metrics utilized by the Department. Not later 

than 180 days of enactment of this Act, the Comptroller General 

shall submit a report to the Congress describing its findings, including such best practices and performance metrics. 

SEC. 232. The Secretary shall take actions necessary to improve 

data quality, data management, and grantee oversight and accountability with respect to programs and activities administered by the 

Office of Community Planning and Development. The Secretary 

shall address the problems identified by the Inspector General of the 

Department in audits and audit reports since 2006, including ongoing audits, with respect to such programs and activities. Not later 

than 120 days after enactment of this Act, the Secretary shall submit a report to the Congress on progress achieved by the Department 

with respect to addressing such problems and identifying further 

improvements that can be made (including improvements relating to 

information technology) and proposed actions and timelines to carry 

out such improvements. 

SEC. 233. Of the amounts made available for salaries and expenses under all accounts under this title (except for the Office of 

Inspector General account), a total of up to $10,000,000 may be 

transferred to and merged with amounts made available in the 

‘‘Working Capital Fund’’ account under this title. 

SEC. 234. (a) None of the funds made available by this Act for 

purposes authorized under section 8 (only with respect to the tenantbased 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 


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IV of the Executive Schedule at any time during any public housing 

agency fiscal year 2012. 

(b) Subsection (a) shall take effect 120 days after the date of enactment of this Act. 

SEC. 235. Title II of division I of Public Law 108–447 and title 

III of Public Law 109–115 are each amended by striking the item 

related to ‘‘Flexible Subsidy Fund’’. 

SEC. 236. Of the unobligated balances remaining from funds 

appropriated under the heading ‘‘Tenant-Based Rental Assistance’’ 

under the ‘‘Full-Year Continuing Appropriations Act, 2011’’, 

$650,000,000 are rescinded from the $4,000,000,000 which are 

available on October 1, 2011: Provided, That such amounts may be 

derived from reductions to public housing agencies’ calendar year 

2012 allocations based on the excess amounts of public housing 

agencies’ net restricted assets accounts, including the net restricted 

assets of MTW agencies (in accordance with VMS data in calendar 

year 2011 that is verifiable and complete), as determined by the Secretary. 

SEC. 237. Section 579 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f) is amended by 

striking ‘‘October 1, 2011’’ each place it appears and inserting in 

lieu thereof ‘‘October 1, 2015’’. 

SEC. 238. Notwithstanding any other provision of law, for mortgages for which a Federal Housing Administration case number has 

been assigned during the period beginning on the date of enactment 

of this Act and ending on December 31, 2013, the dollar amount 

limitation on the principal obligation for purposes of section 203 of 

the National Housing Act (12 U.S.C. 1709) shall be considered to 

be, except for purposes of section 255(g) of such Act (12 U.S.C. 

1715z–20(g)), the greater of— 

(1) the dollar amount limitation on the principal obligation 

of a mortgage determined under section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)); or 

(2) the dollar amount limitation that was prescribed for 

such size residence for such area for 2008 pursuant to section 

202 of the Economic Stimulus Act of 2008 (Public Law 110– 

185; 122 Stat. 620). 

SEC. 239. Of the funds made available for the ‘Department of 

Housing and Urban Development, Community Planning and Development, Community Development Fund’, up to $300,000,000, to remain available until expended, shall be for necessary expenses for 

activities authorized under title I of the Housing and Community 

Development Act of 1974 (Public Law 93–383) related to disaster relief, long-term recovery, restoration of infrastructure and housing, 

and economic revitalization in the most impacted and distressed 

areas resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5121 et seq.) in 2011: Provided, That funds shall be awarded 

directly to the State or unit of general local government at the discretion of the Secretary: Provided further, That prior to the obligation of funds a grantee shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility 

and how the use of these funds will address long-term recovery and 

restoration of infrastructure: Provided further, That such funds may 

not be used for activities reimbursable by, or for which funds are 


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made available by, the Federal Emergency Management Agency or 

the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not be considered relevant to the 

non-disaster formula allocations under the Community Development 

Fund: Provided further, That a State or subdivision thereof may use 

up to 5 percent of its allocation for administrative costs: Provided 

further, That in administering the funds under this heading, the 

Secretary of Housing and Urban Development may waive, or specify 

alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation 

by the Secretary or the use by the recipient of these funds or guarantees (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a request by a 

State or subdivision thereof explaining why such waiver is required 

to facilitate the use of such funds or guarantees, if the Secretary 

finds that such waiver would not be inconsistent with the overall 

purpose of title I of the Housing and Community Development Act 

of 1974: Provided further, That the Secretary shall publish in the 

Federal Register any waiver of any statute or regulation that the 

Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver: Provided further, That an additional 

$100,000,000 shall be available for the same purposes and terms described in this section and shall be designated by Congress as being 

for disaster relief pursuant to section 251(b)(2)(D) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

This title may be cited as the ‘‘Department of Housing and 

Urban Development Appropriations Act, 2012’’. 

TITLE III 

RELATED AGENCIES 

ACCESS BOARD

SALARIES AND EXPENSES

For expenses necessary for the Access Board, as authorized by 

section 502 of the Rehabilitation Act of 1973, as amended, 

$7,400,000: Provided, That, notwithstanding any other provision of 

law, there may be credited to this appropriation funds received for 

publications and training expenses. 

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission as 

authorized by section 201(d) of the Merchant Marine Act, 1936, as 

amended (46 U.S.C. 307), including services as authorized by 5 

U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 

U.S.C. 1343(b); and uniforms or allowances therefore, as authorized 

by 5 U.S.C. 5901–5902, $24,100,000: Provided, That not to exceed 

$2,000 shall be available for official reception and representation 

expenses. 


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NATIONAL RAILROAD PASSENGER CORPORATION OFFICE OF

INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General for the 

National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978, as amended, 

$20,500,000: Provided, That the Inspector General shall have all 

necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App. 3), to investigate allegations of fraud, including false statements to the government (18 

U.S.C. 1001), by any person or entity that is subject to regulation 

by the National Railroad Passenger Corporation: Provided further, 

That the Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with 

public agencies and with private persons, subject to the applicable 

laws and regulations that govern the obtaining of such services 

within the National Railroad Passenger Corporation: Provided further, That the Inspector General may select, appoint, and employ 

such officers and employees as may be necessary for carrying out the 

functions, powers, and duties of the Office of Inspector General, subject to the applicable laws and regulations that govern such selections, appointments, and employment within Amtrak: Provided further, That concurrent with the President’s budget request for fiscal 

year 2013, the Inspector General shall submit to the House and Senate Committees on Appropriations a budget request for fiscal year 

2013 in similar format and substance to those submitted by executive agencies of the Federal Government. 

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety 

Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not 

to exceed the per diem rate equivalent to the rate for a GS–15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901– 

5902), $102,400,000, of which not to exceed $2,000 may be used for 

official reception and representation expenses. The amounts made 

available to the National Transportation Safety Board in this Act 

include amounts necessary to make lease payments on an obligation 

incurred in fiscal year 2001 for a capital lease. 

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation for 

use in neighborhood reinvestment activities, as authorized by the 

Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–8107), 

$135,300,000, of which $5,000,000 shall be for a multi-family rental 

housing program: Provided, That in addition, $80,000,000 shall be 

made available until expended to the Neighborhood Reinvestment 

Corporation for mortgage foreclosure mitigation activities, under the 

following terms and conditions: 


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(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 longterm affordability of the mortgage retained pursuant to such activity or another positive outcome for the homeowner. No funds 

made available under this paragraph may be provided directly 

to lenders or homeowners to discharge outstanding mortgage 

balances or for any other direct debt reduction payments. 

(3) The use of Mortgage Foreclosure Mitigation Assistance 

by approved counseling intermediaries and State Housing Finance Agencies shall involve a reasonable analysis of the borrower’s financial situation, an evaluation of the current value 

of the property that is subject to the mortgage, counseling regarding the assumption of the mortgage by another non-Federal 

party, counseling regarding the possible purchase of the mortgage by a non-Federal third party, counseling and advice of all 

likely restructuring and refinancing strategies or the approval 

of a work-out strategy by all interested parties. 

(4) NRC may provide up to 15 percent of the total funds 

under this paragraph to its own charter members with expertise 

in foreclosure prevention counseling, subject to a certification by 

the NRC that the procedures for selection do not consist of any 

procedures or activities that could be construed as an unacceptable conflict of interest or have the appearance of impropriety. 

(5) HUD-approved counseling entities and State Housing 

Finance Agencies receiving funds under this paragraph shall 

have demonstrated experience in successfully working with financial institutions as well as borrowers facing default, delinquency and foreclosure as well as documented counseling capacity, outreach capacity, past successful performance and positive 


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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 para- graph, up to $3,000,000 may be made available to build the 

mortgage foreclosure and default mitigation counseling capacity 

of counseling intermediaries through NRC training courses 

with HUD-approved counseling intermediaries and their partners, except that private financial institutions that participate 

in NRC training shall pay market rates for such training. 

(7) Of the total amount made available under this paragraph, up to 5 percent may be used for associated administrative expenses for the NRC to carry out activities provided under 

this section. 

(8) Mortgage foreclosure mitigation assistance grants may 

include a budget for outreach and advertising, and training, as 

determined by the NRC. 

(9) The NRC shall continue to report bi-annually to the 

House and Senate Committees on Appropriations as well as the 

Senate Banking Committee and House Financial Services Committee on its efforts to mitigate mortgage default. 

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference 

rooms, and the employment of experts and consultants under section 

3109 of title 5, United States Code) of the United States Interagency 

Council on Homelessness in carrying out the functions pursuant to 

title II of the McKinney-Vento Homeless Assistance Act, as amended, 

$3,300,000. Section 209 of the McKinney-Vento Homeless Assistance 

Act (42 U.S.C. 11319) is amended by striking all that follows ‘‘on’’ 

and inserting ‘‘October 1, 2015’’. 

TITLE IV 

GENERAL PROVISIONS—THIS ACT 

SEC. 401. Such sums as may be necessary for fiscal year 2012 

pay raises for programs funded in this Act shall be absorbed within 

the levels appropriated in this Act or previous appropriations Acts. 

SEC. 402. None of the funds in this Act shall be used for the 

planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or 

adjudicatory proceedings funded in this Act. 

SEC. 403. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor 

may any be transferred to other appropriations, unless expressly so 

provided herein. 

SEC. 404. The expenditure of any appropriation under this Act 

for any consulting service through procurement contract pursuant to 

section 3109 of title 5, United States Code, shall be limited to those 

contracts where such expenditures are a matter of public record and 

available for public inspection, except where otherwise provided 


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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 ex- cess of $5,000,000 or 10 percent, whichever is less; 

(6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or 

(7) creates, reorganizes, or restructures a branch, division, 

office, bureau, board, commission, agency, administration, or 

department different from the budget justifications submitted to 

the Committees on Appropriations or the table accompanying 

the explanatory statement accompanying this Act, whichever is 

more detailed, unless prior approval is received from the House 

and Senate Committees on Appropriations: Provided, That not 

later than 60 days after the date of enactment of this Act, each 

agency funded by this Act shall submit a report to the Committees on Appropriations of the Senate and of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current fiscal 

year: Provided further, That the report shall include: 

(A) a table for each appropriation with a separate column to display the President’s budget request, adjustments 

made by Congress, adjustments due to enacted rescissions, 

if appropriate, and the fiscal year enacted level; 

(B) a delineation in the table for each appropriation 

both by object class and program, project, and activity as 

detailed in the budget appendix for the respective appropriation; and 

(C) an identification of items of special congressional 

interest: Provided further, That the amount appropriated or 

limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required 

date that the report has not been submitted to the Congress. 

SEC. 406. Except as otherwise specifically provided by law, not 

to exceed 50 percent of unobligated balances remaining available at 

the end of fiscal year 2012 from appropriations made available for 

salaries and expenses for fiscal year 2012 in this Act, shall remain 

available through September 30, 2013, for each such account for the 

purposes authorized: Provided, That a request shall be submitted to 

the House and Senate Committees on Appropriations for approval 


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prior to the expenditure of such funds: Provided further, That these 

requests shall be made in compliance with reprogramming guidelines under section 405 of this Act. 

SEC. 407. All Federal agencies and departments that are funded under this Act shall issue a report to the House and Senate Committees on Appropriations on all sole-source contracts by no later 

than July 30, 2012. Such report shall include the contractor, the 

amount of the contract and the rationale for using a sole-source contract. 

SEC. 408. (a) None of the funds made available in this Act may 

be obligated or expended for any employee training that— 

(1) does not meet identified needs for knowledge, skills, and 

abilities bearing directly upon the performance of official duties; 

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; 

(3) does not require prior employee notification of the content and methods to be used in the training and written end of 

course evaluation; 

(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission 

Notice N–915.022, dated September 2, 1988; or 

(5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace. 

(b) Nothing in this section shall prohibit, restrict, or otherwise 

preclude an agency from conducting training bearing directly upon 

the performance of official duties. 

SEC. 409. No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent 

domain, unless eminent domain is employed only for a public use: 

Provided, That for purposes of this section, public use shall not be 

construed to include economic development that primarily benefits 

private entities: Provided further, That any use of funds for mass 

transit, railroad, airport, seaport or highway projects as well as 

utility projects which benefit or serve the general public (including 

energy-related, communication-related, water-related and wastewater-related infrastructure), other structures designated for use by 

the general public or which have other common-carrier or publicutility 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 


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hospitalization continuing after discharge for a period of not more 

than 1 year, made application for restoration to his former position 

and has been certified by the Office of Personnel Management as 

still qualified to perform the duties of his former position and has 

not been restored thereto. 

SEC. 412. No funds appropriated pursuant to this Act may be 

expended by an entity unless the entity agrees that in expending the 

assistance the entity will comply with sections 2 through 4 of the Act 

of March 3, 1933 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy 

American Act’’). 

SEC. 413. No funds appropriated or otherwise made available 

under this Act shall be made available to any person or entity that 

has been convicted of violating the Buy American Act (41 U.S.C. 

10a–10c). 

SEC. 414. None of the funds made available in this Act may be 

used for first-class airline accommodations in contravention of sections 301–10.122 and 301–10.123 of title 41, Code of Federal Regulations. 

SEC. 415. None of the funds made available under this Act or 

any prior Act may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. 

SEC. 416. All agencies and departments funded by this Act 

shall send to Congress at the end of the fiscal year a report containing a complete inventory of the total number of vehicles owned, 

permanently retired, and purchased during fiscal year 2012 as well 

as the total cost of the vehicle fleet, including maintenance, fuel, 

storage, purchasing, and leasing. 

This division may be cited as the ‘‘Transportation, Housing and 

Urban Development, and Related Agencies Appropriations Act, 

2012’’. 

DIVISION D—FURTHER CONTINUING APPROPRIATIONS, 

2012 

SEC. 101. The Continuing Appropriations Act, 2012 (Public 

Law 112–36) is amended by striking the date specified in section 

106(3) and inserting ‘‘December 16, 2011’’. 

And the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Senate to the title of the bill and agree to the same. 

HAROLD ROGERS, C.W. BILL YOUNG, 

JERRY LEWIS, 

FRANK R. WOLF, 

JACK KINGSTON, 

TOM LATHAM, 

ROBERT B. ADERHOLT, 

JO ANN EMERSON, 

JOHN ABNEY CULBERSON, 

JOHN R. CARTER, 

JO BONNER, 

STEVEN C. LATOURETTE, 

NORMAN D. DICKS, 

ROSA L. DELAURO, 

JOHN W. OLVER, 


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ED PASTOR, DAVID E. PRICE, SAM FARR, CHAKA FATTAH, ADAM B. SCHIFF, Managers on the Part of the House. 

HERB KOHL, 

TOM HARKIN, 

DIANNE FEINSTEIN, 

TIM JOHNSON, 

BEN NELSON, 

MARK L. PRYOR, 

SHERROD BROWN, 

DANIEL K. INOUYE, 

PATTY MURRAY, 

BARBARA A. MIKULSKI, 

ROY BLUNT, 

THAD COCHRAN, 

MITCH MCCONNELL, 

SUSAN M. COLLINS, 

JERRY MORAN, 

JOHN HOEVEN, 

KAY BAILEY HUTCHISON, 

Managers on the Part of the Senate. 


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JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the House and Senate at the conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H.R. 2112) making appropriations 

for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2012, and for other purposes, submit the following joint 

statement to the House and Senate in explanation of the effect of 

the action agreed upon by the managers and recommended in the 

accompanying conference report. 

This conference agreement includes the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies 

Appropriations Act, 2012; the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012; and the Transportation, 

Housing and Urban Development, and Related Agencies Appropriations Act, 2012. The agreement also includes further continuing appropriations for fiscal year 2012. 

The conference agreement does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

by clause 9 of rule XXI of the Rules of the House of Representatives. 

The conferees concur with the Senate amendment to the title 

of the bill. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD 

AND DRUG ADMINISTRATION, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2012 

CONGRESSIONAL DIRECTIVES 

The statement of the managers remains silent on provisions 

that were in both the House Report (H.Rpt. 112–101) and Senate 

Report (S.Rpt. 112–73) that remain unchanged by this conference 

agreement, except as noted in this statement of the managers. 

The conferees agree that executive branch wishes cannot substitute for Congress’ own statements as to the best evidence of congressional intentions, which are the official reports of the Congress. 

The conferees further point out that funds in this Act must be used 

for the purposes for which appropriated, as required by section 

1301 of title 31 of the United States Code, which provides: ‘‘Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.’’ 

The House and Senate report language that is not changed by 

the conference is approved by the committee of conference. The 

statement of the managers, while repeating some report language 

for emphasis, does not intend to negate the language referred to 

above unless expressly provided herein. 


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In cases in which the House or the Senate have directed the 

submission of a report, such report is to be submitted to both the 

House and Senate Committees on Appropriations. 

TITLE I—AGRICULTURAL PROGRAMS 

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

The conference agreement provides $4,550,000 for the Office of 

the Secretary instead of $4,293,000 as proposed by the House and 

$4,798,000 as proposed by the Senate. 

The conferees appreciate the detailed information provided in 

the Explanatory Notes and rely on this information when considering budget proposals. As budgetary constraints continue to apply 

downward pressure on agency resources, it will become increasingly necessary to have budgetary information of the Department 

in a manner that provides a more complete understanding of all activities occurring within the account totals. For that reason, the 

conferees direct the Secretary, beginning with presentation of the 

fiscal year 2013 budget, to provide additional information of Departmental activities measured against a baseline of actual spending for the previous three fiscal years rather than a description 

only of specific changes from the previous fiscal year with the ultimate goal, over time, of providing to the Committees on Appropriations budgetary estimates as measured against a zero base. The 

conferees further direct the Department to include an errata sheet 

in the Explanatory Notes of any proposed budget authority levels 

that do not conform to the budget appendix. The Explanatory Notes 

should be assembled with the accounts in the same order as the 

accounts in the bill unless otherwise approved in advance by the 

Committees on Appropriations of both Houses of Congress. 

The Secretary is directed to provide to the Committees on Appropriations of the House and Senate a report describing plans to 

implement reductions to salaries and expenses accounts included in 

this Act. 

The conferees direct the Secretary to submit the conference 

transparency report required by section 14208 of Public Law 110– 

246 to the Committees on Appropriations of the House and Senate 

and the Office of Inspector General. In addition, the conferees direct the Secretary to begin submitting this report, and making it 

publicly available, on a quarterly basis instead of annually. The report shall include the cost of any food or beverages, the cost of any 

audio-visual services, and a description of the contracting procedures on whether the contracts were awarded on a competitive 

basis for that conference. 

OFFICE OF TRIBAL RELATIONS

The conference agreement provides $448,000 for the Office of 

Tribal Relations instead of $423,000 as proposed by the House and 

$473,000 as proposed by the Senate. 


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HEALTHY FOOD FINANCING INITIATIVE

The conference agreement does not include an appropriation 

for the Healthy Food Financing Initiative (HFFI). The conferees direct the Department to carefully weigh the benefits between those 

known results from the expenditure of funds on proven programs 

in the Rural Development and Marketing and Regulatory Programs 

mission areas against the unknown results of expenditures on the 

HFFI. While the HFFI has the laudable goal of ensuring that more 

people have access to nutritious foods, the initiative has yet to 

prove that any expenditures made for this initiative have been effective in meeting this goal. The conferees remind the Department 

that any funding for the HFFI is subject to the reprogramming requirements in this Act, and prior to any reprogramming request; 

the conferees direct the Department to submit to the Committees 

on Appropriations of both Houses of Congress a system of metrics 

to measure the effectiveness and expected results for this initiative. 

The conferees expect that the Office of Chief Economist will play 

a key role in the development of such metrics. 

EXECUTIVE OPERATIONS

OFFICE OF THE CHIEF ECONOMIST

The conference agreement provides $11,177,000 for the Office 

of the Chief Economist instead of $10,707,000 as proposed by the 

House and $11,408,000 as proposed by the Senate. 

NATIONAL APPEALS DIVISION

The conference agreement provides $12,841,000 for the National Appeals Division instead of $12,091,000 as proposed by the 

House and $13,514,000 as proposed by the Senate. 

OFFICE OF BUDGET AND PROGRAM ANALYSIS

The conference agreement provides $8,946,000 for the Office of 

Budget and Program Analysis as proposed by the Senate instead 

of $8,004,000 as proposed by the House. 

OFFICE OF HOMELAND SECURITY AND EMERGENCY COORDINATION

The conference agreement provides $1,321,000 for the Office of 

Homeland Security and Emergency Coordination instead of 

$1,272,000 as proposed by the House and $1,421,000 as proposed 

by the Senate. 

OFFICE OF ADVOCACY AND OUTREACH

The conference agreement provides $1,209,000 for the Office of 

Advocacy and Outreach as proposed by the House instead of 

$1,351,000 as proposed by the Senate. 

OFFICE OF THE CHIEF INFORMATION OFFICER

The conference agreement provides $44,031,000 for the Office 

of the Chief Information Officer instead of $34,000,000 as proposed 

by the House and $36,031,000 as proposed by the Senate. 


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The conference agreement includes $28,000,000 to support cybersecurity requirements of the Department. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

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

House and $5,935,000 as proposed by the Senate. 

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS

The conference agreement provides $848,000 for the Office of 

the Assistant Secretary for Civil Rights as proposed by the Senate 

instead of $760,000 as proposed by the House. 

OFFICE OF CIVIL RIGHTS

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

and $21,558,000 as proposed by the Senate. 

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

The conference agreement provides $764,000 for the Office of 

the Assistant Secretary for Administration as proposed by the Senate instead of $683,000 as proposed by the House. 

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $230,416,000 for Agriculture Buildings and Facilities and Rental Payments as proposed 

by the Senate instead of $221,585,000 as proposed by the House. 

The conference agreement includes $164,470,000 for rental payments, $13,800,000 for Department of Homeland Security building 

security and $52,146,000 for building operations and maintenance. 

HAZARDOUS MATERIALS MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

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

House and $3,792,000 as proposed by the Senate. 

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $24,165,000 for Depart- mental Administration instead of $16,510,000 as proposed by the 

House and $28,165,000 as proposed by the Senate. 

The conferees recognize the special management challenges 

facing the Department in view of serious constraints in fiscal resources, the requirements of a vastly dispersed workforce, and expectations of the public for continuity of vital services. It is clear 

that recent reductions in discretionary spending and the likely continuation of austere measures in the near term present significant 

difficulties to those charged with program execution. The conferees 


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fully recognize the need, and expect the Department to achieve the 

most efficient methods possible to maintain the responsibilities of 

governance for the benefit of both the customers of USDA and the 

personnel charged with carrying out the missions of the Department. 

The conferees expect that any substantive changes to the functions and organization of USDA follow a thoughtful analysis of implications for budgetary resources, services to customers and employees, and inherent dynamics within the Department that might 

result. Toward that objective, before moving forward with the implementation of any substantive reorganization, the Department is 

instructed to conduct a detailed analysis of the savings, efficiencies, 

timeline, and implications of these changes. In addition, an understanding of the methodology used for determining these factors and 

some form of demonstration of the results anticipated is required. 

Any timetable for implementation of the changes suggested obviously will be driven by the fiscal resources available and it may be 

prudent to give consideration to a tiered implementation as conditions dictate rather than a full scale departmental shift that would 

be far more complex and potentially expensive. The Secretary is instructed to provide a report, consistent with the guidance outlined 

above, to the Committees on Appropriations of both Houses of Congress not less than 60 days prior to the implementation of any departmental reorganization. The Secretary is further reminded of 

the reprogramming instructions set forth elsewhere in this Act for 

the purpose of any implementation stage of a proposed reorganization. 

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $3,576,000 for the Office of 

the Assistant Secretary for Congressional Relations instead of 

$3,289,000 as proposed by the House and $3,676,000 as proposed 

by the Senate. 

OFFICE OF COMMUNICATIONS

The conference agreement provides $8,065,000 for the Office of 

Communications instead of $8,058,000 as proposed by the House 

and $8,105,000 as proposed by the Senate. 

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $85,621,000 for the Office 

of Inspector General instead of $80,000,000 as proposed by the 

House and $84,121,000 as proposed by the Senate. 

OFFICE OF THE GENERAL COUNSEL

The conference agreement provides $39,345,000 for the Office 

of the General Counsel as proposed by the Senate instead of 

$35,204,000 as proposed by the House. 


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OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

The conference agreement provides $848,000 for the Office of 

the Under Secretary for Research, Education and Economics as 

proposed by the Senate instead of $760,000 as proposed by the 

House. 

The conferees recognize the broad responsibilities in agricultural research, education, extension and economics that Congress 

has given to the Department. Given the current budget constraints 

and the need for continued investment in agricultural research to 

ensure productivity growth, the conferees expect USDA to fund 

only the highest priority agricultural research, as authorized by 

Congress. 

ECONOMIC RESEARCH SERVICE

The conference agreement provides $77,723,000 for the Economic Research Service as proposed by the Senate instead of 

$70,000,000 as proposed by the House. This includes continued 

funding for the Organic Production and Market Data Initiative. 

NATIONAL AGRICULTURAL STATISTICS SERVICE

The conference agreement provides $158,616,000 for the Na- tional Agricultural Statistics Service instead of $149,500,000 as 

proposed by the House and $152,616,000 as proposed by the Senate. This includes $41,639,000 for the Census of Agriculture. 

On October 4, 2011, the National Agricultural Statistics Service announced it was eliminating or reducing the frequency of 14 

reports. While it is imperative for all of USDA’s agencies and offices to prepare to address potential reductions in funding, the conferees are concerned that the agency made this announcement before a final appropriation was determined. The conferees direct 

NASS to reconsider its decision to eliminate or reduce the frequency of these reports and to reinstate as many reports as possible. As the agency considers which to reinstate, the conferees direct the agency to prioritize the reports that do not have similar 

information captured by other NASS surveys and reports or would 

be otherwise infrequently published. The conferees remind the 

agency that reducing or eliminating any survey or report is further 

subject to the reprogramming requirements in this Act. 

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

The conference agreement provides $1,094,647,000 for the Agricultural Research Service, Salaries and Expenses, as proposed by 

the Senate instead of $995,345,000 as proposed by the House. 

The conferees do not concur with the President’s budget request regarding the termination of extramural research. 

The conferees concur with the proposal to close twelve research 

laboratories at ten locations, as specified in the President’s budget 

request, and direct the agency to provide a report to the Committees on Appropriations of the House and the Senate on the disposition of these facilities by January 20, 2012. The conferees further 


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direct, in concurrence with the budget proposal, that no other research facilities be closed during fiscal year 2012, except in accordance with the reprogramming requirements in this Act. 

The conferees are concerned about recent outbreaks of bacterial spot disease in peppers and tomatoes in Midwestern states. 

The conferees encourage ARS to continue to work with collaborators on research to combat the disease and minimize economic 

loss to producers. ARS is directed to provide the Committees on 

Appropriations of the House and the Senate a report on the status 

of bacterial spot disease and ongoing research efforts. 

NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

RESEARCH AND EDUCATION ACTIVITIES

The conference agreement provides $705,599,000 for the National Institute of Food and Agriculture’s research and education 

activities instead of $596,400,000 as proposed by the House and 

$709,825,000 as proposed by the Senate. 

The conferees express their strong support for USDA’s agricultural research, extension and education activities. USDA and other 

notable philanthropic and scientific organizations have highlighted 

the need for the United States to invest in agricultural research to 

ensure productivity growth and to develop and refine sound natural 

resources management practices for U.S. farmers and ranchers and 

others around the world. However, the conferees are aware of concerns about the focus of USDA’s research programs, particularly 

projects funded through the Agriculture and Food Research Initiative. The conferees strongly encourage USDA to fund only the highest priority agricultural research, as authorized by Congress. 

The conference agreement provides $9,000,000 for Graduate 

Fellowship Grants, Institution Challenge Grants, and the Multicultural Scholars Program, to remain available until expended. 

The conferees request that the Department make recommendations regarding the consolidation of funding lines in the National 

Institute of Food and Agriculture’s accounts in the President’s 

budget for fiscal year 2013 and to work with interested individuals 

and organizations, including the House Committee on Agriculture 

and the Senate Committee on Agriculture, Nutrition, and Forestry, 

on this issue. 

The following table reflects the amounts provided by the conference agreement: 

National Institute of Food and Agriculture Research and Education Activities 

[Dollars in Thousands] 

Hatch Act ......................................................................................................... $236,334 

McIntire-Stennis Cooperative Forestry ......................................................... 32,934 

Evans-Allen Program ...................................................................................... 50,898 

Animal Health and Disease Research ........................................................... 4,000 

Special Research Grants: 

Global Change/UV Monitoring ................................................................ 1,300 

Potato Research ........................................................................................ 1,350 

Forest Products Research ........................................................................ 1,350 

Total, Special Research Grants ........................................................ 4,000 

Improved Pest Control: 

Expert IPM Decision Support System .................................................... 153 

Integrated Pest Management .................................................................. 2,362 


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National Institute of Food and Agriculture Research and Education Activities— 

Continued 

Minor Crop Pest Management (IR–4) ..................................................... 11,913 

Pest Management Alternatives ............................................................... 1,402 

Total, Improved Pest Control ........................................................... 15,830 

Agriculture and Food Research Initiative ..................................................... 264,470 

Critical Agricultural Materials Act ................................................................ 1,081 

Aquaculture Centers ....................................................................................... 3,920 

Sustainable Agriculture Research and Education ........................................ 14,471 

Payments to the 1994 Institutions ................................................................. 3,335 

Supplemental and Alternative Crops ............................................................. 825 

Joe Skeen Institute for Rangeland Research ................................................ 961 

Competitive Grants for Policy Research ........................................................ 4,000 

Capacity Building for Non Land-Grant Colleges .......................................... 4,500 

Farm Business Management and Benchmarking Program ......................... 1,450 

Sun Grant Program ......................................................................................... 2,200 

Capacity Building for 1890 Institutions ........................................................ 19,336 

Multicultural Scholars, Graduate Fellowship and Institution Challenge 

Grants ........................................................................................................... 9,000 

Hispanic-Serving Institutions Education Grants .......................................... 9,219 

1994 Institutions Research Program ............................................................. 1,801 

Secondary and 2-year Post-Secondary Program ........................................... 900 

Veterinary Medicine Loan Repayment Program ........................................... 4,790 

Alaska Native and Native Hawaiian-Serving Institutions .......................... 3,194 

Resident Instruction Grants for Insular Areas ............................................. 900 

Distance Education Grants for Insular Areas ............................................... 750 

Federal Administration: 

Data Information System (REEIS) ......................................................... 2,600 

Electronic Grants Administration System ............................................. 2,000 

Other, Federal Administration ................................................................ 5,900 

Total, Federal Administration .......................................................... 10,500 

Total, Research and Education Activities ................................ $705,599 

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

The conference agreement provides $11,880,000 for the Native 

American Institutions Endowment Fund as proposed by the House 

and the Senate. 

EXTENSION ACTIVITIES

The conference agreement provides $475,183,000 for extension 

activities instead of $411,200,000 as proposed by the House and 

$478,179,000 as proposed by the Senate. 

The conference agreement provides $4,610,000 for Farm Safety 

and Youth Farm Safety Education and Certification Programs. 

The following table reflects the amounts provided by the conference agreement: 

National Institute of Food and Agriculture Extension Activities 

[Dollars in Thousands] 

Smith-Lever, Section 3(b) and (c) Programs .................................................. $294,000 

Smith-Lever, Section 3(d) Programs: 

Food and Nutrition Education ................................................................. 67,934 

Farm Safety and Youth Farm Safety Education Program ................... 4,610 

New Technologies for Agricultural Extension ........................................ 1,550 

Pest Management ..................................................................................... 9,918 

Children, Youth and Families at Risk .................................................... 7,600 

Federally Recognized Tribal Extension Program .................................. 3,039 

Sustainable Agriculture Programs .......................................................... 4,696 

Total, Section 3(d) ............................................................................. 99,347 


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National Institute of Food and Agriculture Extension Activities—Continued 

Cooperative Extension at 1890 Institutions .................................................. 42,592 

Rural Health and Safety Education ............................................................... 1,500 

Facility Improvements at 1890 Institutions .................................................. 19,730 

Renewable Resources Extension Act .............................................................. 3,700 

Extension Services at 1994 Institutions ........................................................ 4,312 

Food Animal Residue Avoidance Database ................................................... 1,000 

Women and Minorities in STEM Fields ........................................................ 400 

Grants to Youth Organizations ...................................................................... 750 

Federal Administration: 

Ag in the Classroom ................................................................................. 552 

General Administration ........................................................................... 7,300 

Total, Federal Administration .......................................................... 7,852 

Total, Extension Activities ........................................................ $475,183 

INTEGRATED ACTIVITIES

The conference agreement provides $21,482,000 for integrated activities instead of $12,400,000 as proposed by the House and 

$25,948,000 as proposed by the Senate. 

The following table reflects the amounts provided by the conference agreement: 

National Institute of Food and Agriculture Integrated Activities 

[Dollars in Thousands] 

Organic Transition Program ........................................................................... $4,000 

Regional Pest Management Centers .............................................................. 4,000 

Water Quality Program ................................................................................... 4,500 

Methyl Bromide Transition Program ............................................................. 1,996 

Regional Rural Development Centers ............................................................ 998 

Food and Agriculture Defense Initiative ....................................................... 5,988 

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

HISPANIC-SERVING AGRICULTURAL COLLEGES AND UNIVERSITIES

ENDOWMENT FUND

The conference agreement does not provide an appropriation 

for the Hispanic-Serving Agricultural Colleges and Universities Endowment Fund instead of $10,000,000 as proposed by the Senate. 

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND REGULATORY

PROGRAMS

The conference agreement provides $848,000 for the Office of 

the Under Secretary for Marketing and Regulatory Programs as 

proposed by the Senate instead of $760,000 as proposed by the 

House. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

INCLUDING TRANSFERS OF FUNDS

The conference agreement provides $816,534,000 for the Animal and Plant Health Inspection Service (APHIS) instead of 

$790,000,000 as proposed by the House and $820,110,000 as proposed by the Senate. 

The conference agreement provides funding for the animal disease traceability system within the Animal Health Technical ServVerDate Mar 15 2010 06:05 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00173 Fmt 6601 Sfmt 6601 E:\HR\OC\HR284.XXX HR284

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ices line item. The conferees remain concerned about the cost of implementing and operating this redesigned program as explained in 

the animal disease traceability proposed rule (APHIS–2009–0091) 

and encourage the most cost-effective, least regulatory burdensome 

system in the final rule. The conferees direct APHIS to submit a 

report and updates on the status of the system as proposed in the 

September 28, 2010, Comprehensive Report & Implementation 

Plan (amended January 28, 2011) by November 30, 2011; April 1, 

2012; and by August 1, 2012. 

The conferees support APHIS’ activities to control plant pests 

and strongly support efforts to eradicate such pests as the opportunities arise. Toward that purpose, the conferees expect that funding 

for Specialty Crop Pests will be supplemented with contingency or 

Commodity Credit Corporation funds for the emergency purpose of 

eradicating the European Grape Vine Moth. 

The following table reflects the conference agreement: 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

[Dollars in Thousands] 

Program Amount 

Safeguarding and International Technical Assistance: 

Animal Health Technical Services ................................................................. 32,500 

Aquatic Animal Health ................................................................................... 2,261 

Avian Health .................................................................................................... 52,000 

Cattle Health ................................................................................................... 99,000 

Equine, Cervid & Small Ruminant Health ................................................... 22,000 

National Veterinary Stockpile ........................................................................ 2,750 

Swine Health ................................................................................................... 23,000 

Veterinary Biologics ........................................................................................ 16,457 

Veterinary Diagnostics .................................................................................... 31,611 

Zoonotic Disease Management ....................................................................... 9,000 

Subtotal, Animal Health .......................................................................... 290,579 

Agricultural Quarantine Inspection (Appropriated) ..................................... 27,500 

Cotton Pests ..................................................................................................... 17,848 

Field Crop & Rangeland Ecosystems Pests ................................................... 9,068 

Pest Detection .................................................................................................. 27,500 

Plant Protection Methods Development ........................................................ 20,600 

Specialty Crop Pests ........................................................................................ 153,950 

Tree & Wood Pests .......................................................................................... 55,638 

Subtotal, Plant Health ............................................................................. 312,104 

Wildlife Damage Management ....................................................................... 72,500 

Wildlife Services Methods Development ........................................................ 18,000 

Subtotal, Wildlife Services ....................................................................... 90,500 

Animal & Plant Health Regulatory Enforcement ......................................... 16,275 

Biotechnology Regulatory Services ................................................................. 18,135 

Subtotal, Regulatory Services ................................................................. 34,410 

Contingency Fund ............................................................................................ 1,000 

Emergency Preparedness & Response ........................................................... 17,000 

Subtotal, Emergency Management ......................................................... 18,000 

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

Safe Trade and International Technical Assistance: 

Agriculture Import/Export .............................................................................. 13,354 

Overseas Technical & Trade Operations ....................................................... 20,104 

Subtotal, Safe Trade ................................................................................. 33,458 

Animal Welfare: 

Animal Welfare ................................................................................................ 27,087 

Horse Protection .............................................................................................. 696 

Subtotal, Animal Welfare ........................................................................ 27,783 

Agency Management: 

APHIS Information Technology Infrastructure ............................................ 4,335 

Physical/Operational Security ........................................................................ 5,365 


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Program Amount 

Subtotal, Agency Management ................................................................ 9,700 

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

BUILDINGS AND FACILITIES

The conference agreement provides $3,200,000 for Animal and 

Plant Health Inspection Service Buildings and Facilities as proposed by the House instead of $3,176,000 as proposed by the Senate. 

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

The conference agreement provides $82,211,000 for the Agricultural Marketing Service as proposed by the Senate instead of 

$77,800,000 as proposed by the House. 

The conferees provide an increase of $300,000 for the Market 

News Program to expand reporting on organic agricultural products. In addition, AMS is encouraged to continue funding the National Organic Program at the fiscal year 2011 level or above. 

LIMITATION ON ADMINISTRATIVE EXPENSES

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

$61,000,000 as proposed by the House. 

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $20,056,000 for Funds for 

Strengthening Markets, Income, and Supply as proposed by the 

House and the Senate. 

The following table reflects the status of this fund for fiscal 

year 2012: 

Estimated Total Funds Available and Balance Carried Forward 

[Dollars in Thousands] 

Amount 

Appropriation (30% of Customs Receipts) ..................................................... 7,947,046 

Balances Available for Transfers Less Transfers: 

Food & Nutrition Service .........................................................................(6,676,207) 

Commerce Department ............................................................................ (109,098) 

Total, Transfers .................................................................................(6,785,306) 

Unobligated Balance Available, Start of Year .............................................. 259,953 

Unavailable for Obligations (recoveries & offsetting collections) ................ (73,694) 

Transfer of Prior Year Funds to FNS (F&V) ................................................. (117,000) 

Budget Authority ............................................................................................. 1,231,000 

Unavailable for Obligation .............................................................................. (150,000) 

Unavailable for Obligations (F&V Transfer-FNS) ........................................ (133,000) 

Available for Obligation .................................................................................. 948,000 

Less Obligations: 

Child Nutrition Programs (Entitlement Commodities) ......................... 465,000 

12 Percent Commodity Floor ................................................................... — 

Cotton, Soybean, Rice and Sweet Potato Disaster Program ................. — 

State Option Contract .............................................................................. 5,000 

Removal of Defective Commodities ......................................................... 2,500 


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Amount 

Emergency Surplus Removal ................................................................... — 

Disaster Relief .......................................................................................... 5,000 

Additional Fruits, Vegetables, and Nuts Purchases ..................................... 175,600 

Fresh Fruit and Vegetable Program .............................................................. 20,000 

Accounting Adjustment ................................................................................... — 

Estimated Future Needs ................................................................................. 227,113 

Total, Commodity Procurement ............................................................... 900,213 

Administrative Funds: 

Commodity Purchase Support ................................................................. 27,731 

Marketing Agreements and Orders ........................................................ 20,056 

Total, Administrative Funds ............................................................ 47,787 

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

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

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

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

PAYMENTS TO STATES AND POSSESSIONS

The conference agreement provides $1,198,000 for Payments to 

States and Possessions as proposed by the Senate instead of 

$1,331,000 as proposed by the House. 

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides $37,750,000 for the Grain 

Inspection, Packers and Stockyards Administration instead of 

$37,000,000 as proposed by the House and $38,248,000 as proposed 

by the Senate. 

The conference agreement includes language (section 721) that 

places conditions on the promulgation and implementation of regulations relating to the Grain Inspection, Packers and Stockyards 

Administration as authorized by Title XI of the Food, Conservation, 

and Energy Act of 2008 (the Act). Funds are provided to allow the 

Secretary to continue publication and implementation of a final or 

interim final rule as provided by the Administrative Procedures 

Act. The conference agreement further provides that the annual 

cost to the economy of such rules cannot exceed $100,000,000 and 

that the items included in the rules must be limited to the specific 

items described in the Act for which these rules were mandated. 

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

The conference agreement includes a limitation on inspection 

and weighing services expenses of $49,000,000 instead of 

$47,500,000 as proposed by the House and $50,000,000 as proposed 

by the Senate. 

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

The conference agreement provides $770,000 for the Office of 

the Under Secretary for Food Safety as proposed by the Senate instead of $689,000 as proposed by the House. 


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FOOD SAFETY AND INSPECTION SERVICE

The conference agreement provides $1,004,427,000 for the Food 

Safety and Inspection Service instead of $972,028,000 as proposed 

by the House and $1,006,503,000 as proposed by the Senate. 

The conferees direct FSIS to provide full funding to states for 

state inspection programs. 

The following table reflects the conference agreement: 

Food Safety and Inspection Service 

[Dollars in Thousands] 

Federal .............................................................................................................. $887,520 

State .................................................................................................................. 62,734 

International .................................................................................................... 15,841 

Codex Alimentarius ......................................................................................... 3,752 

Public Health Data Communications Infrastructure System ...................... 34,580 

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

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

The conference agreement provides $848,000 for the Office of 

the Under Secretary for Farm and Foreign Agricultural Services as 

proposed by the Senate instead of $760,000 as proposed by the 

House. 

FARM SERVICE AGENCY

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $1,491,549,000 for the 

Farm Service Agency instead of $1,439,970,000 as proposed by the 

House and $1,474,511,000 as proposed by the Senate. 

The conferees provide that not less than $66,685,000 shall be 

for Modernize and Innovate the Delivery of Agricultural Systems. 

The conferees strongly support the implementation of Modernize and Innovate the Delivery of Agricultural Systems (MIDAS), 

and encourage the agency to ensure that MIDAS’s initial operating 

capability will be released by October 2012. 

The conference agreement provides $13,000,000 for the Common Computing Environment. 

The following table reflects the conference agreement: 

[Dollars in Thousands] 

Salaries and expenses ........................................................................... $1,198,966 

Transfer from P.L. 480 .......................................................................... 2,500 

Transfer from Export Loans ................................................................. 355 

Transfer from ACIF ............................................................................... 289,728 

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

STATE MEDIATION GRANTS

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

proposed by the House. 


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GRASSROOTS SOURCE WATER PROTECTION PROGRAM

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

instead of $3,605,000 as proposed by the House. 

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS)

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

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The following table reflects the conference agreement: 

[Dollars in Thousands] 

Farm Ownership Loans: 

Direct ............................................................................................... ($475,000) 

Subsidy ............................................................................................ $22,800 

Guaranteed ..................................................................................... ($1,500,000) 

Subsidy ............................................................................................ 0 

Farm Operating Loans: 

Direct ............................................................................................... ($1,050,090) 

Subsidy ............................................................................................ $59,120 

Unsubsidized Guaranteed .............................................................. ($1,500,000) 

Subsidy ............................................................................................ $26,100 

Indian Tribe Land Acquisition Loans .................................................. ($2,000) 

Subsidy ............................................................................................ 0 

Conservation Loans-Guaranteed .......................................................... ($150,000) 

Subsidy ............................................................................................ 0 

Indian Highly Fractionated Land ......................................................... ($10,000) 

Subsidy ............................................................................................ $193 

Boll Weevil Eradication ......................................................................... ($100,000) 

Subsidy ............................................................................................ 0 

ACIF Expenses: 

Salaries and Expenses ................................................................... $289,728 

Administrative Expenses ............................................................... $7,904 

RISK MANAGEMENT AGENCY

The conference agreement provides $74,900,000 for the Risk 

Management Agency as proposed by the Senate instead of 

$68,016,000 as proposed by the House. 

FEDERAL CROP INSURANCE CORPORATION FUND

The conference agreement provides an appropriation of such 

sums as may be necessary for the Federal Crop Insurance Corporation Fund (estimated to be $3,142,375,000 in the President’s fiscal 

year 2012 Budget Request) as proposed by the House and Senate. 

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides an appropriation of such 

sums as may be necessary for Reimbursement for Net Realized 

Losses of the Commodity Credit Corporation (estimated to be 


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$14,071,000,000 in the President’s fiscal year 2012 Budget Request) 

as proposed by the House and Senate. 

HAZARDOUS WASTE MANAGEMENT

(LIMITATION ON EXPENSES)

The conference agreement provides a limitation of $5,000,000 

for Hazardous Waste Management as proposed by the House and 

Senate. 

TITLE II—CONSERVATION PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

The conference agreement provides $848,000 for the Office of 

the Under Secretary for Natural Resources and Environment as 

proposed by the Senate instead of $760,000 as proposed by the 

House. 

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

The conference agreement provides $828,159,000 for Conservation Operations as proposed by the Senate instead of $770,956,000 

as proposed by the House. 

The conference agreement provides $9,300,000 for the Snow 

Survey and Water Forecasting Program; $9,400,000 for the Plant 

Material Centers; $80,000,000 for the Soil Surveys Program; and 

$729,459,000 for Conservation Technical Assistance. 

The conference agreement provides an increase of $5,000,000 

for the Conservation Effects Assessment Project and an increase of 

$5,000,000 for the Conservation Delivery Streamlining Initiative. 

The conference agreement provides $12,500,000 for the Common Computing Environment. 

WATERSHED REHABILITATION PROGRAM

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

$8,000,000 as proposed by the Senate. 

TITLE III—RURAL DEVELOPMENT PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

The conference agreement provides $848,000 for the Office of 

the Under Secretary for Rural Development as proposed by the 

Senate instead of $760,000 as proposed by the House. 

RURAL DEVELOPMENT SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

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


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The conference agreement provides $4,500,000 for the Common 

Computing Environment. 

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides a total subsidy of 

$510,991,000 for activities under the Rural Housing Insurance 

Fund Program Account instead of $472,500,000 as proposed by the 

House and $512,791,000 as proposed by the Senate. This includes 

a transfer of $430,800,000 to the Rural Development Salaries and 

Expenses account as proposed by the Senate instead of 

$400,000,000 as proposed by the House. 

The following table indicates loan, subsidy and grant levels 

provided by the conference agreement: 

[Dollars in Thousands] 

Loan authorizations: 

Single family direct (sec. 502) ....................................................... ($900,000) 

Single family unsubsidized guaranteed ........................................ (24,000,000) 

Housing repair (sec. 504) ............................................................... (10,000) 

Rental housing (sec. 515) ...................................................................... (64,478) 

Multi-family guaranteed (sec. 538) ............................................... (130,000) 

Credit sales of acquired property .................................................. (10,000) 

Farm labor housing ........................................................................ (20,791) 

Self help housing land development ............................................. (5,000) 

Total, Loan authorizations ..................................................... ($25,140,269) 

Loan subsidies: 

Single family direct (sec. 502) ....................................................... $42,570 

Housing repair (sec. 504) ............................................................... 1,421 

Rental housing (sec. 515) ............................................................... 22,000 

Farm labor housing ........................................................................ 7,100 

Subtotal, Loan subsidies ......................................................... 73,091 

Farm labor housing grants ............................................................ 7,100 

Total, Loan subsidies and grants ........................................... $80,191 

Administrative expenses (transfer to RD) .................................... $430,800 

Total, Loan subsidies, grants and administrative expenses $510,991 

The conferees recognize that many private lenders have been 

unable to implement the new annual fee for Section 502 guaranteed loans as required by the Department. Currently, only one 

major lender has developed the necessary automated systems capacity. Many small rural banks and state housing agencies are precluded from program participation due to their lack of automated 

systems enhancements. To provide a short-term solution, the conferees provide authority to the Department to increase the guarantee fee, such that subsidy costs are covered while relying on 

processes that traditional program participants already have in 

place. However, the conferees are hopeful that participants continue to pursue automated systems changes necessary to implement the annual fee. The conferees direct the Department to complete all necessary systems enhancements as soon as possible. 


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RENTAL ASSISTANCE PROGRAM

The conference agreement provides $904,653,000 for the Rental 

Assistance Program as proposed by the Senate instead of 

$890,000,000 as proposed by the House. 

MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT

The conference agreement provides $13,000,000 for the MultiFamily Housing Revitalization Account Program as proposed by the 

Senate instead of $11,000,000 as proposed by the House. 

This includes $11,000,000 for vouchers and $2,000,000 for a 

housing preservation demonstration program. 

MUTUAL AND SELF-HELP HOUSING GRANTS

The conference agreement provides $30,000,000 for Mutual 

and Self-Help Housing Grants as proposed by the Senate instead 

of $22,000,000 as proposed by the House. 

RURAL HOUSING ASSISTANCE GRANTS

The conference agreement provides $33,136,000 for Rural 

Housing Assistance Grants instead of $32,000,000 as proposed by 

the House and $34,271,000 as proposed by the Senate. 

The following table reflects the grant levels provided by the 

conference agreement: 

[Dollars in Thousands] 

Very-low income housing repair grants ......................................................... $29,500 

Housing preservation grants .......................................................................... 3,636 

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

RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $29,291,000 for the Rural 

Community Facilities Program Account instead of $18,000,000 as 

proposed by the House and $26,274,000 as proposed by the Senate. 

The following table reflects the loan, subsidy and grant 

amounts provided by the conference agreement: 

[Dollars in Thousands] 

Loan Authorizations: 

CF direct loans ................................................................................ ($1,300,000) 

CF guaranteed loans ...................................................................... (105,708) 

Loan Subsidies and Grants: 

CF guaranteed loans ...................................................................... 5,000 

CF grants ........................................................................................ 11,363 

Rural Community Development Initiative ................................... 3,621 

Economic Impact Initiative ............................................................ 5,938 

Tribal College Grants ..................................................................... 3,369 

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

The conferees note that USDA Community Facilities loans and 

grants can assist eligible school districts participating in the National School Lunch and Breakfast Programs with upgrades to 

school infrastructure in order to assist schools in meeting the new 

nutrition standards. The conferees encourage the Department to 

conduct outreach to rural school districts, especially those with 


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more than 50 percent of students eligible for free or reduced-price 

meals, and consider applications for school food service upgrades 

through the Rural Community Facilities program. 

RURAL BUSINESS-COOPERATIVE SERVICE

RURAL BUSINESS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $74,809,000 for the Rural Business Program Account instead of $64,500,000 as proposed by 

the House and $79,665,000 as proposed by the Senate. 

The following table reflects the loan, subsidy and grant levels 

provided by the conference agreement: 

[Dollars in Thousands] 

Business and Industry loan program: Guaranteed loan authorization ..................................................... ($822,886) 

Guaranteed loan subsidy ............................................................... 45,341 

Rural business enterprise grants ......................................................... 24,318 

Rural business opportunity grants ....................................................... 2,250 

Delta Regional Authority ...................................................................... 2,900 

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

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $10,684,000 for the Rural Development Loan Fund Program Account instead of $8,500,000 as 

proposed by the House and $11,684,000 as proposed by the Senate. The conference agreement provides for a transfer of $4,684,000 

to the Rural Development Salaries and Expenses account as proposed by the Senate instead of $3,500,000 as proposed by the 

House. 

The following table reflects the loan and subsidy levels provided by the conference agreement: 

[Dollars in Thousands] 

Loan authorization .......................................................................................... ($17,710) 

Loan subsidy .................................................................................................... 6,000 

Administrative expenses (Transfer to RD) .................................................... 4,684 

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

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

The conference agreement provides $33,077,000 for the Rural 

Economic Development Loans Program Account as proposed by the 

House and the Senate. 

RURAL COOPERATIVE DEVELOPMENT GRANTS

The conference agreement provides $25,050,000 for Rural Cooperative Development Grants instead of $22,500,000 as proposed 

by the House and $27,915,000 as proposed by the Senate. 

The conferees provide $5,800,000 for cooperative development 

grants; $2,250,000 for a cooperative agreement for the Appropriate 

Technology Transfer for Rural Areas program; $3,000,000 for coVerDate Mar 15 2010 06:16 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00182 Fmt 6601 Sfmt 6601 E:\HR\OC\HR284.XXX HR284

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operatives or associations of cooperatives whose primary focus is to 

provide assistance to small, socially disadvantaged producers; and 

$14,000,000 for value-added agricultural product market development grants. 

RURAL ENERGY FOR AMERICA PROGRAM

The conference agreement provides $3,400,000 for the Rural 

Energy for America Program instead of $2,300,000 as proposed by 

the House and $4,500,000 as proposed by the Senate. 

The following table reflects the loan, subsidy and grant levels 

provided by the conference agreement: 

[Dollars in Thousands] 

Guaranteed loan authorization ...................................................................... ($6,491) 

Guaranteed loan subsidy ................................................................................ 1,700 

Grants ............................................................................................................... 1,700 

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

RURAL UTILITIES SERVICE

RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $513,000,000 for the Rural 

Water and Waste Disposal Program Account instead of 

$500,000,000 as proposed by the House and $509,295,000 as proposed by the Senate. 

The following table reflects the loan, subsidy and grant levels 

provided by the conference agreement: 

[Dollars in Thousands] 

Loan authorizations: 

Water and waste direct loans .................................................................. ($730,689) 

Water and waste guaranteed loans ........................................................ (62,893) 

Subsidies and grants: 

Direct loan subsidy ................................................................................... 70,000 

Guaranteed loan subsidy ......................................................................... 1,000 

Water and waste revolving fund ............................................................. 497 

Water well system grants ........................................................................ 993 

Grants for Colonias, Native Americans, Alaskan Native Villages, and 

the Department of Hawaiian Home Lands ......................................... 66,500 

Water and waste technical assistance grants ........................................ 19,000 

Circuit Rider program .............................................................................. 15,000 

Solid waste management grants ............................................................. 3,400 

High energy cost grants ........................................................................... 9,500 

Water and waste disposal grants ............................................................ 327,110 

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

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides a total subsidy of 

$36,976,000 for activities under the Rural Electrification and Telecommunications Loans Program Account as proposed by the Senate 

instead of $30,000,000 as proposed by the House. The conference 

agreement provides for an estimated loan level of $7,714,286,000 as 


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proposed by the Senate instead of $7,290,000,000 as proposed by 

the House. 

The conference agreement provides for a transfer of $36,382,000 to the Rural Development Salaries and Expenses account as proposed by the Senate instead of $30,000,000 as proposed 

by the House. 

The conferees direct USDA to provide a report on baseload 

generation needs in rural America and to work with interested parties and the Office of Management and Budget to conduct a subsidy 

analysis that incorporates the most up to date data. The conferees 

direct USDA to provide the report to the Committees on Appropriations of the House and the Senate by February 1, 2012. 

The conferees encourage the Department to encourage a diversity of applicants for the guaranteed underwriting program. 

The following table indicates loan and subsidy levels provided 

by the conference agreement: 

[Dollars in Thousands] 

Loan authorizations: 

Electric: 

Direct, 5 percent ............................................................................. ($100,000) 

Direct, FFB ..................................................................................... (6,500,000) 

Guaranteed underwriting .............................................................. (424,286) 

Subtotal ..............................................................................................(7,024,286) 

Telecommunications: 

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

Direct, Treasury rate ...................................................................... (250,000) 

Direct, FFB ..................................................................................... (295,000) 

Subtotal .............................................................................................. (690,000) 

Total, loan authorizations ......................................................($7,714,286) 

Loan subsidies: 

Electric: 

Guaranteed underwriting ........................................................................ 594 

Administrative expenses (transfer to RD) .............................................. 36,382 

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

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

The conference agreement provides $37,372,000 for the distance learning, telemedicine and broadband program instead of 

$21,000,000 as proposed by the House and $46,942,000 as proposed 

by the Senate. 

The conference agreement provides $15,000,000 for grants for 

telemedicine and distance learning services in rural areas. The conference agreement provides $3,000,000 for telemedicine and distance learning grants for health needs in the Mississippi River 

Delta area and $3,000,000 for grants to noncommercial educational 

television broadcast stations that serve rural areas. 

The conference agreement provides $10,372,000 for grants to 

finance broadband transmission and Internet services in unserved 

and underserved rural areas. 

The conference agreement provides an estimated loan level of $212,014,000 and $6,000,000 in subsidy for broadband telecommunications. 


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Funding provided for the broadband program is intended to 

promote broadband availability in those areas where there is not 

otherwise a business case for private investment in a broadband 

network. The conferees encourage RUS to focus expenditures on 

projects that bring broadband service to currently unserved households. 

TITLE IV—DOMESTIC FOOD PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

The conference agreement provides $770,000 for the Office of 

the Under Secretary for Food, Nutrition and Consumer Services as 

proposed by the Senate instead of $689,000 as proposed by the 

House. 

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $18,151,176,000 for Child 

Nutrition Programs as proposed by the Senate instead of 

$18,770,571,000 as proposed by the House. 

The conference agreement includes a general provision relating 

to child nutrition guidelines. 

The conference agreement provides the following for Child Nutrition Programs: 

Total Obligational Authority 

[Dollars in Thousands] 

Child Nutrition Programs: 

School lunch program ..................................................................... $10,169,615 

School breakfast program .............................................................. 3,313,848 

Child and adult care food program ............................................... 2,831,543 

Summer food service program ....................................................... 401,998 

Special milk program ..................................................................... 13,240 

State administrative expenses ....................................................... 279,016 

Commodity procurement ................................................................ 1,075,727 

Healthier US Schools Challenge ................................................... 1,500 

Team Nutrition ............................................................................... 15,016 

Food Safety Education ................................................................... 2,510 

Coordinated Review ........................................................................ 9,763 

Computer Support and Processing ................................................ 9,525 

CACFP training and technical assistance .................................... 3,537 

Studies and other activities ........................................................... 19,000 

Farm to school tactical team ......................................................... 2,000 

CN payment accuracy .................................................................... 2,338 

School Breakfast Expansion Grants ............................................. 1,000 

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

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

The conference agreement provides $6,618,497,000 for the Special Supplemental Nutrition Program for Women, Infants, and 

Children (WIC) instead of $6,048,250,000 as proposed by the House 

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lieve that funding for other initiatives within this program should 

only occur upon determination that participation needs have been 

met, and the contingency reserve should not be used for these initiatives. 

The conferees are interested in Federal and State initiatives to 

actively manage the costs of the WIC program so that resources 

provided to support participants are efficiently and effectively utilized. The conferees seek demonstrated efficiencies and strong financial controls in all aspects of the program, including the cost of 

delivering nutritional and other preventative health services by the 

States, so that limited funds can be used to provide benefits to all 

eligible women, infants, and children seeking program services in 

a given year. The conferees direct the Food and Nutrition Service 

to provide the Committees with a report on how it will pursue 

these objectives by January 31, 2012. 

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

The conference agreement provides $80,401,722,000 for the 

Supplemental Nutrition Assistance Program instead of 

$71,173,308,000 as proposed by the House and $80,402,722,000 as 

proposed by the Senate. The conference agreement includes 

$3,000,000,000 to be made available for a contingency reserve. The 

conferees note that $3,000,000,000 was also made available in fiscal year 2011 as a contingency reserve and remains available in fiscal year 2012. 

The conference agreement provides the following for the Supplemental Nutrition Assistance Program: 

Total Obligational Authority 

[Dollars in Thousands] 

Supplemental Nutrition Assistance Program: 

Benefits ............................................................................................ $70,524,648 

Contingency Reserve ...................................................................... 3,000,000 

State Administrative Costs ............................................................ 3,742,000 

Nutrition Education and Obesity Prevention Grant Program .... 388,000 

Employment and Training. ............................................................ 397,118 

Mandatory Other Program Costs .................................................. 114,477 

Discretionary Other Program Costs .............................................. 1,000 

Nutrition Assistance for Puerto Rico and American Samoa ....... 1,842,835 

Food Distribution Program for Indian Reservations ................... 102,746 

TEFAP Commodities ...................................................................... 260,250 

Commonwealth of the Northern Mariana Islands ....................... 13,148 

Community Food Project ................................................................ 5,000 

Program Access ............................................................................... 5,000 

Financial Management Systems Modernization .......................... 3,500 

Information Technology Modernization and Support .................. 2,000 

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

COMMODITY ASSISTANCE PROGRAM

The conference agreement provides $242,336,000 for the Commodity Assistance Program as proposed by the Senate instead of 

$197,500,000 as proposed by the House. 

The conference agreement includes $176,788,000 for the Commodity Supplemental Food Program. 

The conference agreement provides $48,000,000 for administrative funding for the Emergency Food Assistance Program (TEFAP). 


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In addition, the conference agreement grants the Secretary authority to transfer up to an additional 10 percent from TEFAP commodities for this purpose. The conference agreement provides $16,548,000 for the Farm- er’s Market Nutrition Program and $1,000,000 for Pacific Island 

Assistance. 

The conferees direct USDA to make an assessment to determine if State agencies are in compliance with 7 CFR Part 251.5(b), 

and, if not, they are directed to issue guidance to the respective 

agencies on how they can comply with this regulation. Additionally, 

the conferees direct USDA to submit a report to the Committees 

on Appropriations of the House and the Senate on steps the Department might use to measure participation in the Emergency 

Food Assistance Program by March 16, 2012. 

NUTRITION PROGRAMS ADMINISTRATION

The conference agreement provides $138,500,000 for Nutrition Programs Administration instead of $125,000,000 as proposed by 

the House and $140,130,000 as proposed by the Senate. 

TITLE V—FOREIGN ASSISTANCE AND RELATED PROGRAMS 

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $176,347,000 for the Foreign Agricultural Service (FAS), Salaries and Expenses, as proposed by the Senate instead of $172,500,000 as proposed by the 

House. 

While the conferees believe that USDA, and its partner 

USAID, must first focus on addressing immediate emergency needs 

in places such as the Horn of Africa, the Department must begin 

to develop plans and corresponding goals aimed at building market-driven institutions and science-based regulatory frameworks 

that facilitate trade and create an environment conducive to agricultural growth. Therefore, the conferees direct FAS to submit a report within 60 days of enactment of this Act with options for shifting more focus in outyear budgets from long-term or extended 

emergency food aid programs to programs that support FAS’ duties 

to help developing countries improve their agricultural systems and 

build trade capacity in order to improve their long-term economic 

development. 

FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS

ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $2,500,000 for administrative expenses for the Food for Peace Title I Direct Credit and Food 

for Progress Program Account, to be transferred to and merged 

with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’, instead of $2,385,000 as proposed by the House and 

$2,666,000 as proposed by the Senate. 


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FOOD FOR PEACE TITLE II GRANTS

The conference agreement provides $1,466,000,000 for Food 

For Peace Title II Grants instead of $1,040,198,000 as proposed by 

the House and $1,562,000,000 as proposed by the Senate. 

The amount provided for this program is more than 

$200,000,000 less than the amount requested by the President and 

even further below the levels appropriated in recent years. Flexibility in providing appropriations for humanitarian food assistance 

has been constrained by the Budget Control Act of 2011 (BCA) 

which established a firewall between security and non-security discretionary spending. This conference report includes only two programs under the security heading, PL 480 and the McGovern-Dole 

International Food for Education and Child Nutrition Program, 

both of which are related to humanitarian food assistance. Because 

of this inflexibility in shifting discretionary resources due to the requirements of the BCA, the conferees are unable to provide higher 

levels of funding for these two programs without being in violation 

of established budget caps. The conferees remain aware of the 

acute problems relating to global hunger, especially in view of the 

declared famine in the Horn of Africa, and will continue to monitor 

conditions there and elsewhere in the world in order to take whatever steps are available, as conditions warrant. 

The conference agreement includes language in Section 741 to 

ensure humanitarian food assistance programs include sufficient 

monitoring and control mechanisms. The conferees believe that 

food aid should not be used as a political tool but that recipient nations do have obligations to ensure transparency and cooperation in 

the distribution of aid to affected populations. Should the U.S. government consider resumption of food assistance to the Democratic 

People’s Republic of Korea, it is expected that assurances will be 

given to protect the integrity of program execution, including monitoring, and that any remaining issues regarding previous year program delivery be satisfactorily resolved. 

COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT

GUARANTEE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

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

proposed by the Senate. 

MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

The conference agreement provides $184,000,000 for the 

McGovern-Dole International Food for Education and Child Nutrition Program instead of $180,000,000 as proposed by the House 

and $188,000,000 as proposed by the Senate. 


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TITLE VI—RELATED AGENCIES AND FOOD AND DRUG 

ADMINISTRATION 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides total appropriations, including Prescription Drug User Fee Act, Medical Device and Modernization User Fee Act, Animal Drug User Fee Act, Animal Generic Drug User Fee Act, Tobacco Product User Fee Act, Food Reinspection User Fee Act, and Food Recall User Fee Act collections, 

of $3,788,336,000 for the salaries and expenses of the Food and 

Drug Administration instead of $3,654,148,000 as proposed by the 

House and $3,859,402,000 as proposed by the Senate and provides 

specific amounts by FDA activity as reflected in the following table: 

Food and Drug Administration Salaries & Expenses 

[Dollars in Thousands] 

Budget Authority: Foods ......................................................................................................... $866,061 

Center for Food Safety and Applied Nutrition ....................................... 264,296 

Field Activities ................................................................................... 601,765 

Human Drugs ........................................................................................... 477,810 

Center for Drug Evaluation and Research ............................................. 347,817 

Field Activities ................................................................................... 129,993 

Biologics .................................................................................................... 212,224 

Center for Biologics Evaluation and Research ....................................... 171,711 

Field Activities ................................................................................... 40,513 

Animal Drugs and Feeds ......................................................................... 138,021 

Center for Veterinary Medicine .............................................................. 84,699 

Field Activities ................................................................................... 53,322 

Devices and Radiological Products .......................................................... 322,672 

Center for Devices and Radiological Health .......................................... 241,475 

Field Activities ................................................................................... 81,197 

National Center for Toxicological Research .................................................. 60,039 

Other Activities/Office of the Commissioner ................................................. 153,704 

White Oak Consolidation ................................................................................ 40,386 

GSA Rent .......................................................................................................... 65,598 

Other Rent and Rent Related ......................................................................... 160,506 

Subtotal, Budget Authority .............................................................. 2,497,021 

User Fees: 

Prescription Drug User Fee Act ..................................................................... 702,172 

Medical Device User Fee and Modernization Act ......................................... 57,605 

Animal Drug User Fee Act ............................................................................. 21,768 

Animal Generic Drug User Fee Act ............................................................... 5,706 

Tobacco Product User Fees ............................................................................. 477,000 

Food Reinspection Fees ................................................................................... 14,700 

Food Recall Fees .............................................................................................. 12,364 

Subtotal, User Fees ........................................................................... 1,291,315 

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

The conference agreement includes the following increases: 

$39,000,000 to begin implementation of the Food Safety Modernization Act; $20,038,000 for advancing medical countermeasures; and 

$12,962,000 for mandatory rental payments. The conferees also accept FDA’s proposed reduction of $22,000,000 due to administrative 

and contract savings. The conferees direct FDA to provide a report 

within 30 days of enactment of this Act on how it intends to allocate these increases. 


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The conferees direct that, within 90 days of the date of enactment of this Act, FDA report on the average number of calendar 

days that elapsed from the date that drug applications (including 

any supplements) were submitted to the agency under section 505 

of the Federal Food, Drug, and Cosmetic Act (FD&C Act) until the 

date that the drugs were approved; the average number of calendar 

days that elapsed from the date that applications for device clearance (including any supplements) under section 510(k) of the 

FD&C Act or for premarket approval (including any supplements) 

under section 515 of the FD&C Act were submitted to the agency 

until the date that the devices were cleared; and the average number of calendar days that elapsed from the date that biological license applications (including any supplements) were submitted to 

the agency under section 351 of the Public Health Service Act until 

the date that the biological products were licensed. 

The conferees are concerned that FDA has not issued a proposed rule revising the monograph regulating the labeling of overthe-counter cough and cold products for children. The conferees direct the FDA to publish a proposed rule by December 31, 2011, 

based on the latest scientific evidence for safety and efficacy in pediatric populations. 

The conferees recognize that FDA is developing facilities and 

expertise to study nanotechnology within FDA’s Jefferson Laboratory Campus, including the National Center for Toxicological Research, and its consolidated headquarters at White Oak, Maryland. 

The conferees support FDA in its mission to expand upon current 

research in nanotechnology and support the eventual development 

of a Nanotechnology Core Center to meet its mission. 

The conferees are aware that FDA currently inspects less than 

2 percent of imported seafood. Further, many of these imports may 

contain substances that are banned in the United States. Therefore, the conferees direct FDA to develop a comprehensive program 

for imported seafood. 

The conferees note that the most recent CDC estimates are 

that only 20 percent of foodborne illnesses are from 31 known 

pathogens such as norovirus, salmonella and clostridium. Since 80 

percent of illnesses are caused by unknown sources, FDA is encouraged to work with the public and private sectors to gain a better 

understanding of the causes of illness. FDA’s broader understanding of unknown sources should contribute towards the development of new strategies, policies, and foodborne illness prevention 

methods. While simultaneously seeking answers to unknown 

sources and plans to address these hazards, FDA has to do a better 

job of identifying more effective food safety activities that will reduce illnesses, hospitalizations, and deaths associated with the 

other 20 percent of foodborne illness. Within the funding level for 

food safety, FDA is directed to develop a clear strategy on how the 

agency can prioritize intervention methods along the farm to fork 

continuum to reduce illness once they have discovered the sources 

for a much greater proportion of unknown agents and to tie the 

funding levels for food safety to increased levels of activities to both 

the known and the unknown sources of illness. The conferees direct 

FDA to include this information in the fiscal year 2013 budget justifications to Congress. 


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The conferees emphasize the importance of predictability and 

transparency in the FDA approval process, and urge FDA to remain focused on its core mission of ensuring the safety, efficacy 

and security of human and veterinary drugs, biological products, 

medical devices, fostering the development of medical products to 

support the counterterrorism effort, and helping to speed innovation of safe and effective products that improve the lives of patients 

and consumers. The conferees urge FDA to be responsive, timely, 

and transparent throughout the approval process for all human 

and veterinary drugs, biological products, medical devices, and 

medical countermeasures. 

BUILDINGS AND FACILITIES

The conference agreement provides $8,788,000 for the Food 

and Drug Administration Buildings and Facilities as proposed by 

the House instead of $8,982,000 as proposed by the Senate. 

INDEPENDENT AGENCIES 

COMMODITY FUTURES TRADING COMMISSION

The conference agreement provides $205,294,000, to remain 

available until September 30, 2013, for the Commodity Futures 

Trading Commission instead of $171,930,000 as proposed by the 

House and $240,000,000 as proposed by the Senate. 

Of the total amount provided, the conference agreement includes $55,000,000, to remain available until September 30, 2014, 

for information technology investments. 

The conferees direct the CFTC to submit, within 30 days of enactment, a detailed spending plan for the allocation of the funds 

made available, displayed by discrete program, project, and activity, including staffing projections, specifying both FTEs and contractors, and planned investments in information technology. 

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

The conference agreement includes a limitation of $61,000,000 

on administrative expenses of the Farm Credit Administration instead of $62,000,000 as proposed by the House and the Senate. 

TITLE VII—GENERAL PROVISIONS 

(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

Section 701.—The conference agreement includes language 

making funds available for the purchase, replacement and hire of 

passenger motor vehicles. 

Section 702.—The conference agreement includes language regarding transfers of funds to the Working Capital Fund of the Department of Agriculture. 

Section 703.—The conference agreement includes language 

limiting funding provided in the bill to one year unless otherwise 

specified. 


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Section 704.—The conference agreement includes language regarding indirect cost rates on cooperative agreements between the 

Department of Agriculture and nonprofit institutions. 

Section 705.—The conference agreement includes language 

making appropriations to the Department of Agriculture for the 

cost of direct and guaranteed loans available until expended to disburse certain obligations for certain Rural Development programs. 

Section 706.—The conference agreement includes language 

prohibiting the use of funds to establish an inspection panel at the 

Department of Agriculture. 

Section 707.—The conference agreement includes language regarding the transfer of funds to the Office of the Chief Information 

Officer and the acquisition of information technology systems. 

Section 708.—The conference agreement includes language 

making funds available until expended to the Department of Agriculture to disburse certain obligations for certain conservation programs. 

Section 709.—The conference agreement includes language regarding Rural Utility Service program eligibility. 

Section 710.—The conference agreement includes language regarding in-kind support and Department of Agriculture research 

grants. 

Section 711.—The conference agreement includes language regarding Farm Service Agency and Rural Development funds for information technology expenses. 

Section 712.—The conference agreement includes language regarding the availability of funds for liquid infant formula. 

Section 713.—The conference agreement includes language 

prohibiting first-class airline travel. 

Section 714.—The conference agreement includes language regarding the availability of certain funds of the Commodity Credit 

Corporation. 

Section 715.—The conference agreement includes language regarding non-emergency humanitarian food assistance. 

Section 716.—The conference agreement includes language regarding certain farm programs. 

Section 717.—The conference agreement includes language regarding direct loans made under the Rural Electrification Act. 

Section 718.—The conference agreement includes language regarding the Bill Emerson Humanitarian Trust Act. 

Section 719.—The conference agreement includes language regarding funding for advisory committees. 

Section 720.—The conference agreement includes language regarding the limitation on indirect costs for grants awarded by the 

National Institute of Food and Agriculture. 

Section 721.—The conference agreement includes language regarding regulations under the Grain Inspection, Packers and Stockyards Administration. 

Section 722.—The conference agreement includes language regarding the rescission of funds. 

Section 723.—The conference agreement includes language regarding the rescission of unobligated balances. 

Section 724.—The conference agreement includes language regarding section 1621 of Public Law 110–246. 


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Section 725.—The conference agreement includes language regarding strategic rural development planning. 

Section 726.—The conference agreement includes language regarding the availability of funds for certain Department of Agriculture programs. 

Section 727.—The conference agreement includes language regarding a pilot program for certain forest lands. 

Section 728.—The conference agreement includes language regarding user fee proposals without offsets. 

Section 729.—The conference agreement includes language regarding the rescission of certain unobligated balances. 

Section 730.—The conference agreement includes language regarding the reprogramming of funds. 

Section 731.—The conference agreement includes language regarding fees for the guaranteed business and industry loan program. 

Section 732.—The conference agreement includes language regarding the conveyance of certain research facilities. 

Section 733.—The conference agreement includes language regarding the appropriations hearing process. 

Section 734.—The conference agreement includes language regarding food donations and the National School Lunch Program. 

Section 735.—The conference agreement includes language regarding the Emergency Conservation Program, the Emergency Watershed Program and the Emergency Forestry Conservation Program. 

Section 736.—The conference agreement includes language regarding government-sponsored news stories. 

Section 737.—The conference agreement includes language regarding details and assignments of Department of Agriculture employees. 

Section 738.—The conference agreement includes language 

prohibiting grants and loans to a corporation convicted of a felony 

under Federal law. 

Section 739.—The conference agreement includes language 

prohibiting grants and loans to corporations that have an unpaid 

Federal tax liability. 

Section 740.—The conference agreement includes language regarding certain unobligated balances. 

Section 741.—The conference agreement includes language regarding emergency food aid. 

Section 742.—The conference agreement includes language regarding the Department of Agriculture’s wool and mohair program. 

Section 743.—The conference agreement includes language regarding nutrition standards for the school breakfast and lunch programs. 

Section 744.—The conference agreement includes language regarding the Department of Agriculture’s Community Facilities program. 

Section 745.—The conference agreement includes language regarding eligibility for certain farm programs. 

Section 746.—The conference agreement includes language regarding nutrition standards for the school breakfast and lunch programs. 


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Section 747.—The conference agreement includes language regarding transfers of funds in certain Rural Development programs. 

Section 748.—The conference agreement includes language regarding the Water Bank Act. 

The conference agreement does not include a provision (House 

Section 743) regarding an across-the-board reduction to the funding 

levels in all accounts in titles I through IV. The House funding levels stated in the Statement of Managers do not reflect the impact 

of this reduction in each of the respective accounts. 

The conference agreement does not include a provision (House 

Section 749) on the Energy Independence and Security Act of 2007. 

The conferees note that the enforcement of section 526 of the Energy Independence and Security Act of 2007 may lead to higher 

fuel costs for federal fleets in the absence of competitively priced 

new generation fuels that emit fewer emissions. In carrying out 

this statute, the Secretary of Agriculture, the Commissioner of the 

Food and Drug Administration and Chairman of the Commodity 

Futures Trading Commission should work to ensure that costs associated with fuel purchases necessary to carry out the missions of 

their respective departments or agencies should be minimized to 

the extent possible under the law. 

The conference agreement does not include a provision (House 

Section 750) regarding the ‘‘Know Your Farmer, Know Your Food’’ 

initiative. The conferees direct the Department to post on its 

website prior to any travel primarily related to the ‘‘Know Your 

Farmer, Know Your Food’’ initiative, information including the 

agenda and the cost of such travel. In addition, within 90 days of 

enactment of this Act the Secretary shall submit to the Committees 

on Appropriations of the House and Senate a report on the impacts 

of this initiative over the previous two years, and to include justification for this initiative in the fiscal year 2013 budget explanatory notes. 


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DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND 

RELATED AGENCIES 

The committee of conference approves report language included 

in House Report 112–169 or Senate Report 112–78 that is not 

changed by the conference. The statement of managers, while repeating some language for emphasis, is not intended to negate the 

language referred to above unless expressly provided herein. In 

cases where both the House and Senate reports address a particular issue not specifically addressed in the conference report or 

joint statement of managers, the conferees have determined the 

House report and the Senate report are not inconsistent and are 

to be interpreted accordingly. In cases where the House or Senate 

report directs the submission of a report, such report is to be submitted to both the House and Senate Committees on Appropriations. 

The conferees expect that each department and agency funded 

in this Act shall follow the directions set forth in this Act and the 

accompanying statement, and shall not reallocate resources or reorganize activities except as provided herein. Reprogramming procedures shall apply to funds provided in this Act, unobligated balances from previous appropriations Acts that are available for obligation or expenditure in fiscal year 2012, and non-appropriated resources such as fee collections that are used to meet program requirements in fiscal year 2012. These procedures are specified in 

section 505 of this Act. 

Any reprogramming request shall include any out-year budgetary impacts and a separate accounting of program or mission impacts on estimated carryover funds. Any program, project or activity cited in the statement accompanying this conference agreement, 

or in the accompanying reports of the House or Senate and not 

changed by the conference, shall be construed as the position of the 

conference and shall not be subject to reductions or reprogramming 

without prior approval of the Committees. The conferees further 

expect any department or agency funded in this Act which plans 

a reduction-in-force to notify by letter the Appropriations Committees of the House and Senate 30 days in advance of the date of any 

such planned personnel action. 

The conferees note that when a department or agency submits 

a reprogramming or transfer request to the Appropriations Committees of the House and Senate and does not receive identical responses by the House and Senate, it shall be the responsibility of 

the department or agency seeking the reprogramming to reconcile 

the difference between the two bodies before proceeding. If reconciliation is not possible, the items in disagreement in the reprogramming or transfer request shall be considered unapproved. 

In compliance with section 538 of this Act, the conferees direct 

the Departments of Commerce and Justice, the National Aeronautics and Space Administration and the National Science Foundation to submit spending plans, signed by the respective department or agency head, for the Committees’ review within 45 days 

of enactment of this Act. 


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TITLE I 

DEPARTMENT OF COMMERCE 

Reporting requirements.—Unless specifically noted in the following narrative, the conferees adopt by reference all House and 

Senate language regarding reports requested throughout Title I. 

These reports shall be submitted to the Committees on Appropriations within 120 days of enactment of this Act. 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The conference agreement includes $465,000,000 in total resources for the programs of the International Trade Administration 

(ITA). This amount is offset by $9,439,000 in estimated fee collections, resulting in a direct appropriation of $455,561,000. 

Travel reports.—The conferees do not adopt House language regarding quarterly reports on ITA employee travel to China. Additional direction on this matter is included in the Departmental 

Management heading. Instead, per section 112 of this Act, the conferees direct the Secretary to provide monthly reports to the Committees on Appropriations, beginning with October 1, 2011 data, including separate breakouts of funding by bureau, the number of 

trips, and purposes of travel to China. The conferees expect the 

first such monthly report to be provided within 30 days of enactment of this Act and within 30 days of the end of each subsequent 

month. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

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

ECONOMIC DEVELOPMENT ADMINISTRATION

The conference agreement includes $457,500,000 for the programs and administrative expenses of the Economic Development 

Administration (EDA). 

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

The conference agreement includes $420,000,000 for Economic 

Development Assistance Programs, including $200,000,000 for disaster assistance in response to natural disaster declarations during 

fiscal year 2011. Of the amounts provided for non-disaster programs, funds are to be distributed as follows; any deviation of 

funds shall be subject to the procedures set forth in section 505 of 

this Act: 

Public Works .......................................................................................... $111,640,000 

Planning ................................................................................................. 29,000,000 

Technical Assistance .............................................................................. 12,000,000 

Research and Evaluation ...................................................................... 1,500,000 

Trade Adjustment Assistance ............................................................... 15,800,000 


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Economic Adjustment Assistance ......................................................... 50,060,000 

Total ................................................................................................. $220,000,000 

Repatriation grants.—The conference agreement includes funds 

as proposed by the House for EDA to use its programs as a source 

for working with U.S. companies to bring their services, manufacturing, and/or research and development activities back to economically distressed regions in the United States. 

Technical Assistance.—The conference agreement does not 

adopt House report language directing that EDA provide a review 

of the University Center program. Instead, the conferees direct the 

Secretary of Commerce to commission an independent review of the 

University Center program within 60 days of enactment of this Act. 

This review shall gather information requested in both House and 

Senate reports with respect to an evaluation of the University Center program. 

Trade Adjustment Assistance.—The conferees note that funds 

provided under this activity are for manufacturing firms negatively 

impacted by import competition. 

Economic Adjustment Assistance (EAA).—The conference 

agreement includes funding for new loan guarantee programs as 

authorized under sections 26 and 27 of the America COMPETES 

Act (P.L. 111–358). The America COMPETES Act includes a number of safeguards with respect to these programs and the conferees 

expect EDA to rigorously abide by the requirements outlined in 

this legislation under 15 U.S.C. 3721 and 15 U.S.C. 3722. Specifically, the Secretary, in consultation with the Office of Management 

and Budget, shall implement accountability measures that strongly 

protect the financial interest of the United States. Finally, the conferees encourage EDA to use a portion of the funds provided in this 

Act for programs authorized under section 27 of the America COMPETES Act for science parks. The conferees do not adopt the Senate’s separate account line for Regional Innovation Partnerships 

and instead encourage EDA to support such activities from within 

the EAA program. In addition, the conference agreement includes 

up to $1,000,000 to support innovative, energy efficient grant programs for small businesses. The conferees remind EDA to ensure 

that award decisions are made at the regional level rather than at 

headquarters, that award decisions reflect geographic equity and 

that rural areas are among those chosen when awarding EDA 

funding. 

Base realignment and closure.—The conference agreement does 

not adopt Senate language regarding base realignment and closure 

matters. 

SALARIES AND EXPENSES

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

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

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


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ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

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

BUREAU OF THE CENSUS

The conference agreement includes $888,336,000 in direct appropriations for the Bureau of the Census plus $55,000,000 from 

the Census Working Capital fund for a total program level of 

$943,336,000. 

SALARIES AND EXPENSES

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

PERIODIC CENSUSES AND PROGRAMS

The conference agreement includes a total of $690,000,000 for 

periodic censuses and programs, including $635,000,000 in direct 

appropriations and $55,000,000 from available Census Working 

Capital Fund balances. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $45,568,000 for the salaries 

and expenses of the National Telecommunications and Information 

Administration (NTIA). 

Spectrum interference issues.—The conferees adopt by reference 

House report language regarding the Global Positioning System 

and direct NTIA to report to the Committees on Appropriations 

within 60 days of enactment of this Act. 

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

The conference agreement includes language making recoveries 

and unobligated balances of funds previously appropriated available for the administration of open grants. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement includes language making available 

to the United States Patent and Trademark Office (PTO) the full 

amount of fiscal year 2012 fee collections. The conferees note that 

PTO has revised its fee estimates downward twice since September 

1, 2011, and now estimates that it will collect $2,516,000,000 or 

$190,313,000 less than the President’s request of $2,706,313,000. 

The conference agreement appropriates all PTO fees in accordance 

with section 42(c) of title 35, United States Code, as amended by 


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section 22 of the Leahy-Smith America Invents Act (P. L. 112–29) 

and includes language making available to the PTO any excess fee 

collections above the amount appropriated, subject to section 505 

reporting requirements in this Act. The conference agreement does 

not include a general provision carried in previous years prohibiting funds to issue patents on claims directed to or encompassing 

a human organism. This language is no longer necessary as a similar permanent prohibition was enacted in the Leahy-Smith America Invents Act. 

National security concerns.—The conferees adopt by reference 

House report language regarding the need to update security procedures for patent applications that have national security implications and direct PTO to report to the Committees on Appropriations within 60 days of enactment of this Act regarding practices 

currently used by third parties to safeguard sensitive patent applications. This report shall provide a framework for suggested improvements for security standards used in the private sector. 

Establishment of satellite offices.—The conferees encourage 

PTO to establish satellite offices in areas that are advantageous to 

both PTO and its customers. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

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

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

The conference agreement includes $567,000,000 for NIST’s 

scientific and technical core programs, including $10,000,000 for a 

Cybersecurity Center of Excellence and $16,500,000 for the National Strategy for Trusted Identities in Cyberspace. The conferees 

do not adopt Senate language regarding specific direction pertaining to greenhouse gas measurements but do encourage NIST to 

pursue research in this area. 

INDUSTRIAL TECHNOLOGY SERVICES

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

CONSTRUCTION OF RESEARCH FACILITIES

The conference agreement includes $55,381,000 for NIST construction. The conferees do not adopt House language designating 

funds for ongoing construction projects but expect NIST to continue 

to submit quarterly reports on the status of all construction 

projects as directed by the Senate. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

The conference agreement includes a total of $4,893,675,000 in 

discretionary funds for the National Oceanic and Atmospheric Administration (NOAA). The conference agreement does not establish 

a NOAA Climate Service as proposed by the Senate. 


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OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes a total program level of $3,139,329,000 under this account for the coastal, fisheries, marine, 

weather, satellite and other programs of NOAA. This total funding 

level includes: $3,022,231,000 in direct appropriations; a transfer of 

$109,098,000 from balances in the ‘‘Promote and Develop Fishery 

Products and Research Pertaining to American Fisheries’’ account; 

and $8,000,000 derived from recoveries of prior year obligations. 

The following narrative descriptions and tables identify the 

specific activities and funding levels included in this Act. 

National Ocean Service.—The conference agreement includes $465,662,000 for National Ocean Service operations, research, and 

facilities. The conferees adopt by reference Senate report language 

regarding Integrated Ocean and Coastal Mapping but clarify that 

NOAA must ensure that proprietary and/or commercially-important fisheries data is kept confidential or is used only in aggregate 

datasets. 

Response and Restoration.—The conferees adopt by reference 

House report language regarding the funds NOAA expects to receive from BP in response to the Deepwater Horizon oil spill in the 

Gulf of Mexico and direct NOAA to submit a spending plan to the 

Committees on Appropriations within 90 days of enactment of this 

Act. The conferees adopt by reference House report language regarding the Gulf of Mexico Disaster Response Center and direct 

NOAA to provide a report to the Committees on Appropriations 

within 60 days of enactment of this Act. 

NATIONAL OCEAN SERVICE 

Operations, Research, and Facilities 

[In thousands of dollars] 

Program Conference 

Navigation Services: 

Mapping and Charting: 

Mapping and Charting Base .............................................................................................................. $49,700 

Hydrographic Research and Technology Development ....................................................................... 7,305 

Electronic Navigational Charts ........................................................................................................... 6,088 

Shoreline Mapping .............................................................................................................................. 2,310 

Address Survey Backlog/Contracts ..................................................................................................... 28,973 

Subtotal, Mapping and Charting ................................................................................................................. 94,376 

Geodesy: 

Geodesy ............................................................................................................................................... 26,647 

National Height Modernization ........................................................................................................... 2,495 

Subtotal, Geodesy ........................................................................................................................................ 29,142 

Tide and Current Data: 

Tide and Current Data ........................................................................................................................ 27,530 

Subtotal, Tide and Current Data ................................................................................................................. 27,530 

Total, Navigation Services ......................................................................................................... 151,048 

Ocean Resources Conservation and Assessment: 

Ocean Assessment Program: 

Integrated Ocean Observing System (IOOS) ....................................................................................... 31,055 


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NATIONAL OCEAN SERVICE—Continued 

Operations, Research, and Facilities 

[In thousands of dollars] 

Program Conference 

NOAA IOOS .......................................................................................................................................... 6,595 

Coastal Services Center ...................................................................................................................... 37,099 

Coral Reef Program ............................................................................................................................ 26,746 

Subtotal, Ocean Assessment Program ........................................................................................................ 101,495 

Response and Restoration: 

Response and Restoration Base ......................................................................................................... 21,531 

Estuary Restoration Program .............................................................................................................. 1,000 

Marine Debris ...................................................................................................................................... 5,000 

Subtotal, Response and Restoration ........................................................................................................... 27,531 

National Centers for Coastal Ocean Science (NCCOS): 

National Centers for Coastal Ocean Science ..................................................................................... 36,000 

Competitive Research ......................................................................................................................... 11,061 

Subtotal, NCCOS .......................................................................................................................................... 47,061 

Total, Ocean Resources Conservation and Assessment ........................................................... 176,087 

Ocean and Coastal Management: 

Coastal Management: 

CZM Grants ......................................................................................................................................... 66,146 

CZM and Stewardship ........................................................................................................................ 8,000 

Regional Ocean Partnership Grants ................................................................................................... 3,500 

National Estuarine Research Reserve System ................................................................................... 22,281 

Marine Protected Areas ....................................................................................................................... 2,000 

Marine Sanctuary Program ................................................................................................................. 47,600 

Total, Ocean and Coastal Management .................................................................................... 149,527 

Undistributed Reduction ....................................................................................................................................... (11,000 ) 

Total, National Ocean Service—ORF ........................................................................................ $465,662 

National Marine Fisheries Service (NMFS).—The conference 

agreement includes $794,210,000 for NMFS operations, research, 

and facilities. 

Fisheries Research and Management.—The conference agreement does not include Senate report language specifying that priority shall be given to international Regional Fishery Management 

Organizations but instead notes that resources are provided for 

NMFS to update stock assessments and conduct surveys in fisheries around the U.S. The conferees encourage NMFS to engage the 

American lobster industry in conducting research and surveys. 

Infectious Salmon Anemia.—Not later than six months after 

enactment of this Act, the National Aquatic Animal Health Task 

Force shall submit to the Senate Committee on Commerce, Science, 

and Transportation, the House Committee on Natural Resources 

and the House and Senate Committees on Appropriations a report 

assessing the risk Infectious Salmon Anemia poses to wild Pacific 

salmon and the coastal economies which rely on these fish. For this 

report, the Task Force shall establish Infectious Salmon Anemia research objectives, in collaboration with the Government of Canada, 

and Federal, State, and tribal governments, including the DepartVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00224 Fmt 6601 Sfmt 6601 E:\HR\OC\HR284.XXX HR284

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ment of Fish and Wildlife of Washington and the Department of 

Fish and Game of Alaska, to assess: (1) the prevalence of Infectious 

Salmon Anemia in both wild and aquaculture salmonid populations 

throughout Alaska, Washington, Oregon, California, and Idaho; (2) 

genetic susceptibility by population and species; (3) susceptibility of 

populations to Infectious Salmon Anemia from geographic and 

oceanographic factors; (4) potential transmission pathways between 

infectious Canadian sockeye and uninfected salmonid populations 

in United States waters; (5) management strategies to rapidly respond to potential Infectious Salmon Anemia outbreaks in both 

wild and aquaculture populations, including securing the water 

supplies at conservation hatcheries to protect hatchery fish from 

exposure to the Infectious Salmon Anemia virus present in incoming surface water; (6) potential economic impacts of Infectious 

Salmon Anemia; (7) any role foreign salmon farms may have in 

spreading Infectious Salmon Anemia to wild populations; (8) the 

identity of any potential Federal, State, tribal, and international 

research partners; (9) available baseline data, including baseline 

data available from a collaborating entity; and (10) other Infectious 

Salmon Anemia research priorities, as determined by the Task 

Force. 

National Research Council review.—The conferees do not adopt 

House report language regarding a National Research Council review but instead direct NOAA to report to the Committees on Appropriations and the appropriate authorizing committees within 60 

days of enactment of this Act regarding appropriate efforts to address the concerns outlined in the letter referenced in the House 

report. 

NATIONAL MARINE FISHERIES SERVICE 

Operations, Research, and Facilities 

[In thousands of dollars] 

Program Conference 

Protected Species Research and Management: 

Protected Species Research and Management Programs Base ................................................................. $39,850

Species Recovery Grants .............................................................................................................................. 2,797 

Marine Mammals ......................................................................................................................................... 49,653 

Marine Turtles .............................................................................................................................................. 12,887 

Other Protected Species (Marine Fish, Plants, and Invertebrates) ............................................................ 7,038 

Atlantic Salmon ........................................................................................................................................... 5,660 

Pacific Salmon ............................................................................................................................................. 58,566 

Subtotal, Protected Species Research and Management .................................................................................... 176,451 

Fisheries Research and Management: 

Fisheries Research and Management Programs ......................................................................................... 179,000 

National Catch Share Program .................................................................................................................... 28,000 

Expand Annual Stock Assessments / Improve Data Collection .................................................................. 63,764 

Economics and Social Sciences Research .................................................................................................. 7,657 

Salmon Management Activities ................................................................................................................... 37,451 

Regional Councils and Fisheries Commissions ........................................................................................... 31,855 

Fisheries Statistics ...................................................................................................................................... 23,224 

Fish Information Networks ........................................................................................................................... 22,087 

Survey and Monitoring Projects ................................................................................................................... 21,779 

Fisheries Oceanography ............................................................................................................................... 2,147 

American Fisheries Act ................................................................................................................................ 3,888 

Interjurisdictional Fisheries Grants ............................................................................................................. 1,157 

National Standard 8 .................................................................................................................................... 1,000 

Reduce Fishing Impacts on Essential Fish Habitat ................................................................................... 374 


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NATIONAL MARINE FISHERIES SERVICE—Continued 

Operations, Research, and Facilities 

[In thousands of dollars] 

Program Conference 

Reducing Bycatch ........................................................................................................................................ 3,428 

Product Quality and Safety .......................................................................................................................... 6,212 

Subtotal, Fisheries Research and Management ................................................................................................... 433,023 

Enforcement and Observers / Training: 

Enforcement ................................................................................................................................................. 66,825 

Observers / Training .................................................................................................................................... 41,074 

Subtotal, Enforcement and Observers / Training ................................................................................................ 107,899 

Habitat Conservation and Restoration: 

Sustainable Habitat Management ............................................................................................................... 20,958 

Fisheries Habitat Restoration ...................................................................................................................... 22,229 

Subtotal, Habitat Conservation and Restoration ................................................................................................. 43,187 

Other Activities Supporting Fisheries: 

Antarctic Research ....................................................................................................................................... 1,645 

Aquaculture .................................................................................................................................................. 5,593 

Climate Regimes and Ecosystem Productivity ............................................................................................ 1,747 

Computer Hardware and Software .............................................................................................................. 1,796 

Cooperative Research .................................................................................................................................. 11,000 

Information Analyses and Dissemination .................................................................................................... 15,377 

Marine Resources Monitoring, Assessment and Prediction Program ......................................................... 504 

National Environmental Policy Act .............................................................................................................. 6,467 

NMFS Facilities Maintenance ....................................................................................................................... 3,293 

Regional Studies .......................................................................................................................................... 10,228 

Subtotal, Other Activities Supporting Fisheries ................................................................................................... 57,650 

Undistributed Reduction ....................................................................................................................................... (24,000 ) 

Total, National Marine Fisheries Service—ORF ................................................................................................... $794,210 

Oceanic and Atmospheric Research.—The conference agreement includes $376,575,000 for Oceanic and Atmospheric Research 

operations, research, and facilities. 

OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH 

Operations, Research, and Facilities 

[In thousands of dollars] 

Program Conference 

Climate Research: 

Laboratories and Cooperative Institutes ..................................................................................................... $53,483 

Climate Data and Information .................................................................................................................... 10,439 

Competitive Research Program ................................................................................................................... 120,000 

Climate Operations ...................................................................................................................................... 911 

Total, Climate Research ....................................................................................................................................... 184,833 

Weather and Air Quality Research: 

Laboratories and Cooperative Institutes: 

Laboratories and Cooperative Institutes ............................................................................................ 54,505 

U.S. Weather Research Program ......................................................................................................... 4,273 

Tornado Severe Storm Research / Phased Array Radar .................................................................... 10,037 

Total, Weather and Air Quality Research ............................................................................................................. 68,815 


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OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH—Continued 

Operations, Research, and Facilities 

[In thousands of dollars] 

Program Conference 

Ocean, Coastal, and Great Lakes Research: 

Laboratories and Cooperative Institutes: 

Laboratories and Cooperative Institutes ............................................................................................ 24,246 

National Sea Grant College Program Base ........................................................................................ 63,000 

Ocean Exploration and Research ........................................................................................................ 26,200 

Integrated Ocean Acidification ........................................................................................................... 6,359 

Total, Ocean, Coastal, and Great Lakes Research .............................................................................................. 119,805 

Info Tech R&D: 

High Performance Computing Initiatives .................................................................................................... 9,122 

Total, Info Tech R&D ............................................................................................................................................ 9,122 

Undistributed Reduction ....................................................................................................................................... (6,000 ) 

Total, Office of Oceanic and Atmospheric Research—ORF ................................................................................ $376,575 

National Weather Service (NWS).—The conference agreement includes $903,098,000 for NWS operations, research, and facilities. 

Within NOAA, the conference agreement prioritizes funding for 

these core life and safety programs. 

NWS Operations.—NOAA shall enter into a contract with an 

independent organization with experience in assessing Federal 

agencies for the purposes of evaluating efficiencies that can be 

made to NWS operations. This review shall include consultations 

with emergency managers and other user groups as well as NWS 

employees. Any recommended efficiencies should not result in any 

degradation of service to the communities served by local forecast 

offices and River Forecast Centers, nor should such recommendations place the safety of the public at greater risk. This review 

shall not be undertaken until the National Academy of Sciences 

completes its review of the NWS modernization, which will include 

recommendations on the NWS workforce and composition and how 

NWS can improve current partnerships with Federal and non-Federal partners and incorporate new technologies for improved services. The findings and recommendations of the National Academy 

of Sciences review should inform this new independent assessment. 

National mesonet strategy and operations.—The conferees modify Senate language regarding a national mesonet strategy and operations and instead encourage NOAA to convene a peer-reviewed 

study to create a national mesonet program plan within NOAA 

with recommendations for implementation as appropriate. The conference agreement includes $12,000,000 for the competitive procurement of data to continue the National Mesonet Program, but 

does not provide specific funding amounts for mesonet activities as 

directed by the Senate. Instead, the conferees encourage NOAA to 

support proposals that can improve forecasting of severe weather 

within local NWS field offices and can achieve effective collaboration among disparate network operators to promote NOAA’s objective of a weather ready nation. NOAA is encouraged to continue 

competitive programs in this area and to include funding for these 

activities in subsequent budget requests as appropriate. 


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Flood forecasts.—The conference agreement does not adopt 

Senate language directing NOAA to enter into formal agreements 

with river commissions but does provide increased funding for flood 

forecasts and encourages NOAA to collaborate with river commissions to continue efforts to ensure that critical data is coordinated 

and used to provide accurate and timely flood forecasts. 

NATIONAL WEATHER SERVICE 

Operations, Research, and Facilities 

[In thousands of dollars] 

Program Conference 

Local Warnings and Forecasts: 

Local Warnings and Forecasts .................................................................................................................... $641,343 

Air Quality Forecasting ................................................................................................................................ 5,445 

Data Buoys ................................................................................................................................................... 1,683 

Sustain Cooperative Observer Network ....................................................................................................... 1,871 

National Mesonet Network ........................................................................................................................... 12,000 

NOAA Profiler Network .................................................................................................................................. 4,841 

Strengthen U.S. Tsunami Warning Network ................................................................................................ 23,541 

Pacific Island Compact ............................................................................................................................... 3,715 

Subtotal, Local Warnings and Forecasts .................................................................................. 694,439

Operations and Research: 

Advanced Hydrological Prediction Services ................................................................................................. 8,199 

Aviation Weather .......................................................................................................................................... 21,538 

WFO Maintenance ........................................................................................................................................ 7,446 

Weather Radio Transmitters ........................................................................................................................ 2,297 

Central Forecast Guidance .......................................................................................................................... 80,771 

Subtotal, Operations and Research ........................................................................................... 120,251 

Total, Local Warnings and Forecasts, Operations and Research .................................... 814,690 

Systems Operation and Maintenance: 

NEXRAD ........................................................................................................................................................ 46,748 

Automated Surface Observing Systems ....................................................................................................... 11,302 

Advanced Weather Interactive Processing System ...................................................................................... 39,846 

NWS Telecommunication Gateway / CIP ...................................................................................................... 5,512 

Total, Systems Operation and Maintenance ............................................................................. 103,408 

Undistributed Reduction ....................................................................................................................................... (15,000 ) 

Total, National Weather Service—ORF ..................................................................................... $903,098 

National Environmental Satellite, Data and Information Service.—The conference agreement includes $180,323,000 for National 

Environmental Satellite, Data and Information Service (NESDIS) 

operations, research and facilities. The conferees provide 

$68,750,000 for Data Centers and Information Services, of which 

$7,000,000 shall be for Regional Climate Services and $4,600,000 

is for the National Coastal Data Development Center. 

Satellite outyear cost estimates.—The conferees include new bill 

language limiting an amount of Operations, Research, and Facilities funding until the NOAA Administrator provides the Committees on Appropriations with revised and detailed lifecycle costs of 

all satellite programs. 


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NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE 

Operations, Research, and Facilities 

[In thousands of dollars] 

Program Conference 

Environmental Satellite Observing Systems: 

Satellite Command and Control ......................................................................................................... $39,970 

NOAA Satellite Operations Facility Operations ................................................................................... 7,944 

Subtotal, Satellite Command and Control .................................................................................................. 47,914 

Product Processing and Distribution: 

Product Processing and Distribution .................................................................................................. 36,041 

Subtotal, Product Processing and Distribution ........................................................................................... 36,041 

Product Development, Readiness and Application: 

Product Development, Readiness and Application ............................................................................ 20,771 

Product Development, Readiness and Application (Ocean Remote Sensing) ................................... 4,023 

Joint Center / Accelerate Use of Satellites ........................................................................................ 3,358 

Subtotal, Product Development, Readiness and Application ...................................................................... 28,152 

Commercial Remote Sensing Licensing and Enforcement ......................................................................... 1,308 

Office of Space Commercialization ............................................................................................................. 653 

Group on Earth Observations ...................................................................................................................... 505 

Total, Environmental Satellite Observing Systems ............................................................................................... 114,573 

Data Centers and Information Services ............................................................................................................... 68,750 

Undistributed Reduction ....................................................................................................................................... (3,000 ) 

Total, NESDIS—ORF ............................................................................................................................................. $180,323 

Program Support.—The conference agreement includes $419,461,000 for Program Support. 

NOAA facilities.—The conferees support the requested level for 

‘‘NOAA Construction’’ proposed within the NOAA ‘‘Procurement, 

Acquisition and Construction’’ account but instead provide this 

funding within the NOAA Facilities line as this request is for salaries and expenses (S&E) costs and not construction. NOAA shall 

request future S&E funding associated with construction within 

the ‘‘Operations, Research, and Facilities’’ account. The conferees 

clarify Senate report language regarding the NOAA Pacific Regional Center in that the conferees understand that NOAA is in 

the process of building an accompanying child development facility 

at the NOAA Pacific Regional Center using previously appropriated 

funds. 

PROGRAM SUPPORT 

Operations, Research, and Facilities 

[In thousands of dollars] 

Program Conference 

Corporate Services: 

Under Secretary and Associate Offices Base .............................................................................................. 27,474 

Facilities ....................................................................................................................................................... 24,500 

NOAA-Wide Corporate Services and Agency Management Base ................................................................. 115,561

DOC Accounting System .............................................................................................................................. 10,200 

Payment to the DOC Working Capital Fund ................................................................................................ 41,944 


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PROGRAM SUPPORT—Continued 

Operations, Research, and Facilities 

[In thousands of dollars] 

Program Conference 

IT Security .................................................................................................................................................... 11,059 

Total, Corporate Services ...................................................................................................................................... 230,738 

NOAA Education Programs: 

Competitive Educational Grants and Programs .......................................................................................... 31,540 

Competitive Educational Grants ......................................................................................................... (8,040 ) 

Ocean Education Partnerships .................................................................................................. (2,500 ) 

Geographic Literacy ................................................................................................................... (2,000 ) 

Education Partnership Program—Minority Serving Institutions ........................................................ (14,300 ) 

BWET ................................................................................................................................................... (7,200 ) 

Subtotal, Corporate Services and Education ........................................................................................................ 262,278 

Marine and Aviation Operations and Maintenance: 

Marine Services: 

Marine Data Acquisition ..................................................................................................................... 129,740 

Fleet Planning and Maintenance: 

Fleet Planning and Maintenance ........................................................................................................ 22,035 

Subtotal, Fleet Planning and Maintenance ................................................................................................. 22,035 

Subtotal, Marine Operations and Maintenance .................................................................................................... 151,775 

Aviation Operations: 

Aircraft Services ........................................................................................................................................... 29,358 

Subtotal, Aviation Operations ............................................................................................................................... 29,358 

Subtotal, Marine and Aviation Operations and Maintenance—ORF ................................................................... 181,133 

Undistributed Reduction ....................................................................................................................................... (23,950 ) 

Total, Program Support—ORF .............................................................................................................................. $419,461 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

The conference agreement includes a total program level of $1,825,094,000 in direct obligations under this heading, of which 

$1,817,094,000 is appropriated from the general fund and 

$8,000,000 is derived from recoveries of prior year obligations. The 

following narrative description and table identifies the specific activities and funding levels included in this Act: 

Joint Polar Satellite System (JPSS).—The conferees adopt by 

reference all House and Senate report language regarding JPSS 

with the exception of Senate report language regarding a lifecycle 

cost cap. Instead, the conferees direct NOAA to provide outyear 

funding estimates for this program prior to submission of the fiscal 

year 2013 budget request. The conferees note that new bill language is included in NOAA’s Operations, Research, and Facilities 

account which limits the amount of funds that NOAA may obligate 

pending submission of a revised spend plan for JPSS and NOAA’s 

other satellite programs. Further, the conferees direct NOAA to 

outline a framework for developing a compensation policy that 

would enable NOAA to be reimbursed as appropriate for the use 


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of specialized data products derived from NOAA satellite imagery 

and data. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION 

[In thousands of dollars] 

Program Conference 

National Ocean Service: 

CELCP Acquisition: 

Coastal and Estuarine Land Conservation Program .......................................................................... $5,000

Subtotal, NOS Acquisition ............................................................................................................................ 5,000 

NERRS Construction: 

National Estuarine Research Reserve Construction (NERRS) ............................................................ 1,690 

Subtotal, NERRS Construction ..................................................................................................................... 1,690 

Marine Sanctuaries Construction: 

Marine Sanctuaries Base .................................................................................................................... 5,495 

Subtotal, Marine Sanctuary Construction .................................................................................................... 5,495 

Subtotal, NOS Construction ......................................................................................................................... 7,185 

Total, National Ocean Service—PAC .................................................................................................................... 12,185 

Oceanic and Atmospheric Research: 

Systems Acquisition: 

Research Supercomputing/CCRI ......................................................................................................... 10,358 

Subtotal, OAR Systems Acquisition ............................................................................................................. 10,358 

Total, Oceanic and Atmospheric Research—PAC ................................................................................................ 10,358 

National Weather Service: 

Systems Acquisition: 

ASOS .................................................................................................................................................... 1,635 

AWIPS .................................................................................................................................................. 24,364 

NEXRAD ............................................................................................................................................... 5,819 

NWSTG Legacy Replacement ............................................................................................................... 1,195 

Radiosonde Network Replacement ..................................................................................................... 4,014 

Weather and Climate Supercomputing ............................................................................................... 40,169 

Cooperative Observer Network Modernization (NERON) ..................................................................... 3,727 

Complete and Sustain NOAA Weather Radio ..................................................................................... 5,594 

NOAA Profiler Conversion .................................................................................................................... 5,480 

Subtotal, NWS Systems Acquisition ............................................................................................................. 91,997 

Construction: 

WFO Construction ................................................................................................................................ 3,150 

NWS WFO Construction ................................................................................................................................ 3,150 

Total, National Weather Service—PAC ................................................................................................................. 95,147 

National Environmental Satellite, Data, and Information Service: 

Systems Acquisition: 

Geostationary Systems—N ................................................................................................................. 33,967 

Geostationary Systems—R ................................................................................................................. 617,390 

Polar Orbiting Systems—POES .......................................................................................................... 34,632 

JASON–3 .............................................................................................................................................. 20,000 

Joint Polar Satellite System (formerly NPOESS) ................................................................................. 924,014 

DSCOVR ............................................................................................................................................... 30,100 

EOS and Advanced Polar Data Processing ........................................................................................ 990 

CIP—single point of failure ............................................................................................................... 2,772 

Comprehensive Large Array Data Stewardship System (CLASS) ....................................................... 6,476 


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PROCUREMENT, ACQUISITION AND CONSTRUCTION—Continued 

[In thousands of dollars] 

Program Conference 

NPOESS Preparatory Data Exploitation ............................................................................................... 4,455 

Restoration of Climate Sensors .......................................................................................................... 28,880 

Subtotal, NESDIS Systems Acquisition ........................................................................................................ 1,703,676 

Construction: 

Satellite CDA Facility .......................................................................................................................... 2,228 

Subtotal, NESDIS Construction .................................................................................................................... 2,228 

Total, National Environmental Satellite, Data, and Information Service—PAC .................................................. 1,705,904 

Office of Marine and Aviation Operations: 

OMAO—Fleet Replacement: 

Fleet Capital Improvements and Tech Infusion ................................................................................. 11,100 

New Vessel Construction .................................................................................................................... 1,400 

Subtotal, OMAO Fleet Replacement ............................................................................................................. 12,500 

Total, Office of Marine and Aviation Operations—PAC ...................................................................................... 12,500 

Undistributed Reduction ..................................................................................................................... (11,000 ) 

GRAND TOTAL, PAC ............................................................................................................................................... $1,825,094 

PACIFIC COASTAL SALMON RECOVERY

The conference agreement includes $65,000,000 for Pacific 

Coastal Salmon Recovery. 

FISHERMEN’S CONTINGENCY FUND

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

FISHERIES FINANCE PROGRAM ACCOUNT

The conference agreement includes language under this head- ing limiting obligations of direct loans to $24,000,000 for Individual 

Fishing Quota loans and $59,000,000 for traditional direct loans. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The conference agreement includes $57,000,000 for Departmental Management salaries and expenses. 

Cybersecurity.—The conferees adopt House and Senate report 

language regarding establishment of a cybersecurity center and expect that each bureau will contribute a pro-rated amount as directed by the House and that a portion of funds realized from data 

center consolidation will be used in the effort as directed by the 

Senate. 

Cyber-espionage.—The conferees adopt by reference House report language regarding certification of information technology systems but include this reporting requirement as a new general provision in title V of this Act. The Secretary shall report to the Committees on Appropriations on all such determinations, and the procVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00232 Fmt 6601 Sfmt 6601 E:\HR\OC\HR284.XXX HR284

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ess used to arrive at such determinations, on a quarterly basis beginning 30 days following the second quarter of fiscal year 2012. 

Travel reports.—In lieu of the House report language regarding 

travel of ITA employees the conferees instead expand this language 

as a Department-wide general provision in this title and direct the 

Secretary to provide monthly reports to the Committees on Appropriations, beginning with October 1, 2011, data, including separate 

breakouts of funding by bureau, the number of trips, and purposes 

of travel to China. The conferees expect the first such monthly report to be provided within 30 days of enactment of this Act and 

within 30 days of the end of each subsequent month. 

Cooperatives.—The conferees adopt by reference House report 

language regarding cooperatives and clarify that the language shall 

be interpreted as referring to business cooperatives. 

RENOVATION AND MODERNIZATION

The conference agreement includes $5,000,000 for continuing 

renovation activities at the Herbert C. Hoover Building. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $26,946,000 for the Office 

of Inspector General. The conferees adopt Senate language transferring $1,000,000 each from the Bureau of the Census, the PTO 

and the NOAA PAC account for audits and reviews of these programs. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING RESCISSION)

The conferees adopt the following general provisions for the 

Department of Commerce: 

Section 101 makes funds available for advanced payments only 

upon certification of officials, designated by the Secretary, that 

such payments are considered to be in the public interest. 

Section 102 makes appropriations for Department salaries and 

expenses available for hire of passenger motor vehicles, for services, and for uniforms and allowances as authorized by law. 

Section 103 provides the authority to transfer funds between 

Department of Commerce appropriation accounts and requires 15 

days advance notification to the Committees on Appropriations for 

certain actions. 

Section 104 provides that any costs incurred by the Department in response to funding reductions shall be absorbed within 

the total budgetary resources available to the Department and 

shall be subject to the reprogramming limitations set forth in this 

Act. 

Section 105 updates Congressional notification requirements 

for NOAA satellite programs. 

Section 106 provides for reimbursement for services within Department of Commerce buildings. 

Section 107 clarifies that grant recipients under the Department of Commerce may continue to deter child pornography, copyright infringement, or any other unlawful activity over their networks. 


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Section 108 provides the Administrator with the authority to 

avail NOAA of needed resources, with the consent of those supplying the resources, to carry out responsibilities of any statute administered by NOAA. 

(RESCISSION)

Section 109 rescinds all balances in the Coastal Zone Management Fund. 

Section 110 establishes a fisheries enforcement asset forfeiture 

fund. 

Section 111 establishes a sanctuaries enforcement asset forfeiture fund. 

Section 112 establishes a reporting requirement requiring 

Commerce to provide a monthly report on any official travel to 

China by any Commerce employee. 

Section 113 includes a provision regarding the Convention for 

the Conservation and Management of Highly Migratory Fish 

Stocks in the Western and Central Pacific Ocean. 

TITLE II—DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $110,822,000 for General 

Administration, Salaries and Expenses. 

Terrorism.—The conferees are concerned that the lack of a current policy on terrorist detention may be a disincentive to the capture and interrogation of terrorist suspects, thereby depriving the 

Department of Justice (DOJ) and other agencies of critical intelligence that could inform and improve counterterrorism efforts. The 

conferees note that the Attorney General co-chaired the Special 

Interagency Task Force on Detainee Disposition that was tasked 

with reviewing policies for the detention of individuals captured or 

apprehended in connection with armed conflicts and counterterrorism operations. The conferees direct the Department, in consultation with other appropriate Federal agencies, to provide to the 

Committees on Appropriations, not later than 120 days after the 

enactment of this Act, an unclassified report on U.S. detention policy, including the legal basis for such policy, as it applies to current 

and future terrorism detainees. If appropriate, such report may be 

accompanied by a classified annex. 

Prison Rape Elimination Act (PREA).—The conferees affirm 

language in the House report directing the Department to publish, 

as soon as possible, a final rule adopting national standards for the 

detection, prevention, reduction and punishment of prison rape, as 

mandated by the PREA. Upon adoption of the national standards, 

the Committees on Appropriations will further examine how the 

Department will continue efforts to provide assistance in the form 

of training, technical assistance and implementation grants to assist State, local and tribal jurisdictions in achieving compliance 

with PREA national standards. 

With respect to auditing PREA compliance, the conferees 

strongly encourage the Department to follow the recommendations 


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of the PREA Commission for the reasons outlined in the House report. In addition, the conferees concur with the Commission’s proposed standard requiring correctional facilities to make use of costeffective and appropriate monitoring technologies. 

Obscenity enforcement.—The conferees note the concern expressed in the House report regarding the Department’s incorporation of the responsibilities of the Obscenity Prosecution Task Force 

into the Child Exploitation and Obscenity Section of the Criminal 

Division. The conferees support the work of the Department in investigating and prosecuting major producers and distributors of 

hardcore adult pornography that meets the test for obscenity, as 

defined by the Supreme Court, and expect that the responsibilities 

that had been assigned to the Task Force will not be diminished 

by this reorganization. The conferees direct the Department to submit a report not later than 120 days after the enactment of this 

Act on its adult obscenity investigation and prosecution workload 

statistics and accomplishments, including a comparison of workload 

statistics and accomplishments during the existence of the Obscenity Prosecution Task Force, and in the period of time following its 

incorporation into the Child Exploitation and Obscenity Section of 

the Criminal Division. 

Gulf Cost Claims Facility (GCCF).—The conference agreement 

includes language under section 220 requiring that the Department 

identify an independent auditor to carry out an evaluation of the 

GCCF. This evaluation should include assessments of matters such 

as the claims determination methodologies employed by the GCCF 

and the qualifications of its personnel. The conferees encourage the 

Department to consult with the Government Accountability Office 

(GAO) in identifying an auditor. 

International Organized Crime (IOC) strategy.—The conferees 

support the Department’s goal of disrupting and dismantling international criminal organizations that pose the greatest threat to the 

United States. Given current and anticipated future budget constraints, however, it will be difficult for the Department to set 

aside funding to expand and enhance the IOC Intelligence and Operations Center (IOC–2), the Organized Crime Council Program 

Support Office, and IOC resources from other Justice components 

without impacting staffing levels. If the IOC initiative continues to 

be a priority in future requests, the Department should develop a 

strategy for funding this program somewhere other than the executive leadership budget. 

Tribal consultation.—The conferees are aware that the Department continues to develop its formal strategy on how to enhance 

public safety in Indian country. Not later than 120 days after the 

enactment of this Act, the Attorney General shall provide the Committees on Appropriations a report on how DOJ will use the tribal 

consultation process to further streamline and coordinate programs 

and funding opportunities for Native Americans, both within DOJ 

and with relevant programs of the Department of the Interior. 

Violence against law enforcement personnel.—The conferees are 

concerned about spikes in ambush-style assaults that have taken 

the lives of law enforcement officers in recent months. The conference agreement includes funds under the State and Local Law 

Enforcement Assistance account for the Preventing Violence 


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Against Law Enforcement and Ensuring Officer Resilience and 

Survivability Initiative (VALOR), a program designed to improve 

officer resilience and survivability. The conferees encourage the Department to make available this type of training for Federal law 

enforcement officers to further enhance the ability of these officers 

to anticipate and survive a violent encounter. 

Spending plans.—The conferees direct the Department to include in its spending plan for fiscal year 2012 a plan for the use 

of all funding available under this heading, by decision unit and office. 

NATIONAL DRUG INTELLIGENCE CENTER

The conference agreement includes $20,000,000 for the National Drug Intelligence Center (NDIC). The conferees expect that 

the funds provided will be used only for necessary expenses related 

to the closing of the NDIC and the reassignment of functions performed at NDIC to other entities if the continuation of such functions is determined to be necessary by the Attorney General. The 

conferees direct the Department to submit to the Committees on 

Appropriations, not later than 120 days after the enactment of this 

Act, a detailed report of its plans regarding the closure of NDIC. 

The Department should give priority to solutions that minimize the 

cost to the Government and disruptions to critical counterdrug and 

intelligence activities. 

JUSTICE INFORMATION SHARING TECHNOLOGY

The conference agreement includes $44,307,000 for Justice Information Sharing Technology. 

Cybersecurity.—The conferees encourage the Department to 

prioritize, within the funds provided, efforts to defend proactively 

against and respond to cyber threats and attacks against DOJ’s 

networks. 

TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

The conference agreement includes $87,000,000 for Tactical 

Law Enforcement Wireless Communications. 

The conferees expect DOJ to utilize full and open contracting 

procedures to the greatest extent possible as it endeavors to migrate from its legacy wideband systems to a standards-based mobile radio system. If the Department determines that it is necessary to award a sole source contract related to this migration, the 

Department shall report to the Committees on Appropriations on 

the justification for such action. 

The conferees direct the Department to submit a report not 

later than 120 days after the enactment of this Act to the Committees on Appropriations on the Department’s plan for moving forward with the Integrated Wireless Network (IWN) initiative. This 

plan should identify alternative funding sources and funding options for the provision, deployment, maintenance and operation of 

a wireless network that addresses security vulnerabilities, improves system reliability, and achieves interoperability with other 

law enforcement and emergency responder radio infrastructure systems. 


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ADMINISTRATIVE REVIEW AND APPEALS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $305,000,000 for the Executive Office for Immigration Review (EOIR) and the Office of the 

Pardon Attorney. 

Legal Orientation Program (LOP).—The conferees expect that 

EOIR will continue its highly successful LOP. Apprehended individuals benefit from better information about immigration removal 

proceedings, and U.S. taxpayers benefit from reduced detention 

costs resulting from a more efficient legal process. The conferees 

encourage EOIR to dedicate funds to the LOP, as necessary and 

available, to ensure the continuation of this program. In addition, 

the conferees expect EOIR to seek alien-specific detention costs and 

duration of detention data from Immigration and Customs Enforcement in order to develop a more accurate estimate of the cost savings to the Federal Government provided by participation in the 

LOP. The conferees direct EOIR to submit a report to the Committees on Appropriations providing such data, as well as an estimate 

of the cost savings generated by the LOP, not later than 120 days 

after the enactment of this Act. 

Immigration and border initiatives.—If additional funds are 

needed to support EOIR’s role in immigration and border initiatives, the conferees urge the Department to submit a reprogramming request in fiscal year 2012 that would reallocate funds from 

lower priority programs to meet such needs. 

DETENTION TRUSTEE

The conference agreement includes $1,580,595,000 for the Office of the Federal Detention Trustee (OFDT). 

The conferees are aware that OFDT’s resource needs are directly impacted by law enforcement and prosecutorial priorities, 

such as increases in immigration enforcement by the Department 

of Homeland Security and efforts to combat drug and gun smuggling along the Southwest Border. However, the conferees remain 

concerned about the Department’s ability to anticipate the true 

funding needs for this account. The conferees expect OFDT to keep 

the Committees on Appropriations apprised of changes in average 

daily population forecasts so that resource requirements for fiscal 

year 2012 and beyond can be verified and refined, particularly with 

regard to the impacts of law enforcement initiatives on the Southwest Border. The conferees direct OFDT to resume providing quarterly reports to the Committees on Appropriations, which shall include the actual number of individuals in the detention system, the 

projected number of individuals in the detention system and the 

annualized associated costs. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $84,199,000 for the Office 

of Inspector General (OIG). 


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UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $12,833,000 for the salaries 

and expenses of the United States Parole Commission. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

The conference agreement includes $863,367,000 for General 

Legal Activities. 

Human trafficking.—The conferees direct the Department to 

maintain funding for the Human Trafficking and Slavery Prosecution Unit (HTSPU) in the Civil Rights Division at not less than the 

fiscal year 2011 funding level to continue efforts to fight human 

trafficking and slavery. 

Human rights crimes.—The conferees remain concerned about 

the large number of suspected human rights violators from foreign 

countries who have found safe haven in the United States, and direct the Criminal Division to continue its efforts to investigate and 

prosecute perpetrators of serious human rights crimes, including 

genocide, torture, use or recruitment of child soldiers, and war 

crimes. For this purpose, the conferees direct the Department to 

provide not less than the fiscal year 2011 funding level for attorneys, analysts, and support personnel in the Criminal Division to 

investigate and prosecute individuals who violate Federal laws regarding serious human rights abuses. 

VACCINE INJURY COMPENSATION TRUST FUND

The conference agreement includes a reimbursement of 

$7,833,000 for DOJ expenses associated with litigating cases under 

the National Childhood Vaccine Injury Act of 1986 (Public Law 99– 

660). 

SALARIES AND EXPENSES, ANTITRUST DIVISION

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

$51,587,000. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The conference agreement includes $1,960,000,000 for the Executive Office for United States Attorneys (EOUSA) and the 94 

United States Attorneys’ offices. 

Human trafficking.—The conference agreement includes language directing each U.S. Attorney to establish or participate in a 

U.S. Attorney-led human trafficking task force. In instances where 

it may be preferable, due to geographical or other considerations, 

to operate joint human trafficking task forces, joint task forces representing no more than two U.S. Attorneys’ offices will satisfy the 

requirement. 

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vene quarterly, working-level meetings where Federal, State and 

local law enforcement are represented. Task force meetings should 

focus specifically on combating human trafficking, with an emphasis on undertaking proactive investigations. Such investigations 

shall include, for example, the investigation of persons or entities 

facilitating trafficking in persons through the use of classified advertising on the Internet. The conferees also direct the Department 

to submit an annual report to the Committees on Appropriations 

regarding the work of these task forces. This report shall detail the 

range of efforts by the task forces, and include information on the 

use of classified advertising on the Internet to facilitate trafficking 

and a description of policies and task force actions that respond to 

such practices. 

The conferees further direct the EOUSA, in consultation with 

each U.S. Attorney, to designate a point of contact in each U.S. Attorney’s office who shall serve as the coordinator for all activities 

within that office concerning human trafficking and slavery matters covered by the Trafficking Victims Protection Act. 

In addition, the conferees adopt language in the House report 

directing the Department to undertake outreach efforts in the form 

of public notices, such as newspaper advertisements, in ethnic communities in the U.S., the home countries of which represent the top 

ten countries with regard to the prevalence of human trafficking 

activities and to report to the Committees on Appropriations regarding such outreach efforts. 

Intellectual property rights (IPR) enforcement.—The conferees 

expect the Department to continue to make IPR enforcement an investigative and prosecutorial priority for Federal prosecutors. The 

conferees direct the Department to provide to the Committees on 

Appropriations a report on the activities of its Assistant U.S. Attorneys dedicated to investigating intellectual property crimes pursuant to and authorized under section 402 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 

(Public Law 110–403). 

Adam Walsh Act implementation.—The conferees expect the 

EOUSA to continue to focus on investigations and prosecutions related to the sexual exploitation of children, as authorized by the 

Adam Walsh Child Protection and Safety Act of 2006 (Public Law 

109–248). The conference agreement includes not less than 

$41,000,000 for these purposes in fiscal year 2012. 

UNITED STATES TRUSTEE SYSTEM FUND

The conference agreement includes $223,258,000 for the 

United States Trustee Program (USTP). The appropriation is fully 

offset by fee collections. 

Debtor audits.—The conferees expect the USTP to make debtor 

audits a priority and delineate, in the Department’s fiscal year 

2012 spending plan, the allocation of funds for debtor audits. 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

The conference agreement includes $2,000,000 for the Foreign 

Claims Settlement Commission. 


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FEES AND EXPENSES OF WITNESSES

The conference agreement includes $270,000,000 for Fees and 

Expenses of Witnesses. 

Expert witnesses.—Within funds provided, the conference agreement includes the requested $92,000,000 to respond to the increased need for expert witnesses among the litigating divisions 

and the U.S. Attorneys’ offices. The conferees expect that no funds 

will be expended for expert witness services from any DOJ accounts except Fees and Expenses of Witnesses. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

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

ASSETS FORFEITURE FUND

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

Forfeiture Fund. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

The conference agreement includes $1,174,000,000 for the salaries and expenses of the United States Marshals Service (USMS). 

Spending plan.—The conferees expect that the USMS will include in its fiscal year 2012 spending plan a strategy for how it will 

approach mandatory protective services, as well as how it will respond to critical law enforcement requirements and congressional 

mandates to address violent crime reduction, enforce the Adam 

Walsh Act and combat Southwest Border violence. To help remedy 

possible funding shortfalls, the conferees encourage the USMS to 

continue exploring and utilizing new technological capabilities in 

order to further ensure the fair and efficient administration of justice. If additional funds are needed to support the USMS’ Adam 

Walsh Act enforcement mission, the conferees urge the Department 

to submit a reprogramming request in fiscal year 2012 that would 

reallocate funds from lower priority programs to meet such needs. 

CONSTRUCTION

The conference agreement includes $15,000,000 for construction and related expenses in space controlled, occupied or utilized 

by the USMS for prisoner holding and related support. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

The conference agreement includes $87,000,000 for the salaries 

and expenses of the National Security Division. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

The conference agreement includes $527,512,000 for the Organized Crime and Drug Enforcement Task Forces (OCDETF). 


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Southwest Border.—The conferees expect OCDETF to prioritize 

the continuation of support for Assistant U.S. Attorney positions 

and collocated Strike Forces in the Southwest Border region, and 

to submit a report to the Committees on Appropriations not later 

than 90 days after the enactment of this Act showing the current 

and planned distribution of personnel, by bureau, to each of the collocated Strike Forces. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The conference agreement includes $8,036,991,000 for the salaries and expenses of the Federal Bureau of Investigation (FBI). The 

conference agreement incorporates language in the House report on 

analytic career path training, the Safe Streets/Safe Trails Task 

Force program, the continuation of positions for Southwest Border 

law enforcement, the nationwide file inventory program, and the 

continuation of positions for the investigation of white collar and 

financial crime. 

Computer intrusions.—In recognition of the FBI’s unique 

cyber-related authorities and expertise, the conference agreement 

includes at least the full request, an increase of $18,628,000 and 

42 positions, including 14 special agents, above the fiscal year 2011 

enacted level to further the Bureau’s investigatory, intelligence 

gathering and technological capabilities to address malicious cyber 

intrusions and protect critical infrastructure in the United States 

from cyber attacks. The conferees direct the FBI to produce an annual national cyber threat assessment, in both classified and unclassified versions, and submit such report to the Committees on 

Appropriations not later than 120 days after the enactment of this 

Act. 

National security.—The conference agreement includes program increases totaling $48,870,000 as described in the House report. The conferees direct the FBI to submit a report to the Committees on Appropriations not later than 120 days after the enactment of this Act detailing the research activities conducted under 

the auspices of the High-value Detainee Interrogation Group, the 

results of such research, and any recommendations for the development of new techniques. 

Electronic surveillance.—The conference agreement incorporates language in the House report related to increases provided 

to improve lawful electronic surveillance capabilities. The conference agreement does not include language in the Senate report 

directing a percentage of these funds to be used for Special Surveillance Groups. 

Render Safe.—The conference agreement includes a program 

increase of $40,000,000 and 13 positions to support the acquisition 

and refurbishment of two aircraft to carry out the Render Safe mission. The conferees note that the Senate had approved the use of 

previously appropriated funding for this same purpose. The FBI 

shall submit a report to the Committees on Appropriations not 

later than 120 days after the enactment of this Act on the plan for 

Render Safe procurement. 


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Trafficking in persons.—The conferees agree that, within the 

funding provided, the FBI shall increase activities related to the investigation of severe forms of trafficking in persons. The FBI shall 

submit a report to the Committees on Appropriations not later 

than 120 days after the enactment of this Act on agent utilization 

and overall staff resources dedicated to trafficking investigations in 

fiscal years 2010, 2011 and 2012. In addition, the conferees expect 

the FBI to share trafficking case information on an ongoing basis 

with other law enforcement agencies and task forces working similar cases. The conferees agree that funds shall be used for conducting investigations into trafficking and slavery and providing 

victim witness coordinators on an emergency basis when needed. 

IPR enforcement.—The conferees agree that the FBI shall continue to prioritize the investigation of IPR cases and coordinate 

with IPR units at the U.S. Attorneys and the Criminal Division. 

The FBI shall submit a report, not later than 120 days after the 

enactment of this Act, on agent utilization and overall staff resources dedicated to investigating intellectual property cases, and 

an accounting of the agents placed in specific field offices since fiscal year 2010. 

DNA programs.—The conferees encourage the FBI to undertake activities to facilitate familial DNA searches of the Combined 

DNA Index System database of convicted offenders and work with 

the National DNA Index System (NDIS) Procedures Board to consider the establishment of procedures allowing familial searches 

only for serious violent and sexual crimes where other investigative 

leads have been exhausted. The procedures should provide appropriate protections for the privacy rights of those in the NDIS database. 

Sentinel.—The conferees continue to monitor closely Sentinel, 

the FBI’s information and investigation case management system, 

and remain understandably concerned about Sentinel’s development. The FBI shall adhere to the language included in the House 

report regarding the expectation that the FBI will continue all necessary periodic oversight reviews in accordance with recommendations of the Inspector General, and in the Senate report regarding 

the prohibition on spending anything in excess of $451,000,000 on 

Sentinel without first providing notification to the Committees on 

Appropriations and developing a work breakdown structure. In addition, the conference agreement includes language under section 

213 requiring the Attorney General to submit to the Committees on 

Appropriations a report containing a cost and schedule estimate for 

the final operating capability of the Sentinel program, and a detailed list of the functionalities included in the final operating capability. The FBI shall submit this report concurrently to the Department’s OIG for review and comment. 

Criminal alien identification.—The conferees direct the FBI to 

submit a report to the Committees on Appropriations, not later 

than 120 days after the enactment of this Act, detailing the FBI’s 

participation in Federal interagency information sharing efforts to 

identify criminal aliens. 

Cyber training for field agents.—The conferees agree that, 

within funds provided, the FBI shall expand training for FBI cyber 

agents involved in national security intrusions cases. Such training 


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should focus on increasing the number of agents qualified to understand current techniques and tactics used by those engaged in illicit cyber activities, and respond to shortfalls identified by the 

DOJ OIG. 

Criminal Justice Information Services Division.—The conference agreement includes the full requested amount of appropriated funds and user fees for the Criminal Justice Information 

Services Division. 

Human rights violations.—The conferees direct the FBI to increase efforts to investigate and support DOJ’s criminal prosecution of serious human rights crimes committed by foreign nationals 

who are in the United States. 

Liaison partnerships.—The conferees support the FBI’s policy 

prohibiting any formal non-investigative cooperation with 

unindicted co-conspirators in terrorism cases. The conferees expect 

the FBI to insist on full compliance with this policy by FBI field 

offices and to report to the Committees on Appropriations regarding any violation of the policy. 

CONSTRUCTION

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

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes a direct appropriation of 

$2,025,000,000 for the salaries and expenses of the Drug Enforcement Administration (DEA). In addition, the DEA expects to derive 

$322,000,000 from fees deposited in the Diversion Control Fund to 

carry out the Diversion Control Program. The conference agreement does not include language in the House report on synthetic 

drugs. 

Afghanistan operations.—The conference agreement incorporates language in the House report regarding DEA’s Afghanistan 

operations. The conferees direct the DEA to report to the Committees on Appropriations, not later than 30 days after enactment of 

this Act, on DEA’s planned presence and operations activities in 

Afghanistan, expected transfers of funding from other Departments 

or agencies, and DEA’s direct appropriations requirements for such 

activities. 

Field staffing.—The conference agreement incorporates language in the House report concerning a reporting requirement on 

personnel vacancy rates. The conferees agree that the DEA shall 

provide such report to the Committees on Appropriations not later 

than 120 days after the enactment of this Act. 

CONSTRUCTION

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

approximately 100 additional staff. 


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BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

The conference agreement includes $1,152,000,000 for the salaries and expenses of the Bureau of Alcohol, Tobacco, Firearms and 

Explosives (ATF). The conference agreement also includes language 

permanently prohibiting the Department from consolidating or centralizing the records of the acquisition and disposition of firearms 

maintained by firearms dealers and permanently prohibiting the 

Department from electronically retrieving information provided to 

the Attorney General by firearms dealers that have gone out of 

business. 

Operation Fast and Furious.—The conferees are concerned by 

allegations that ATF mismanaged a U.S.-Mexico border operation 

known as Fast and Furious, and expect that the Department’s OIG, 

to which the investigation of this matter has been referred by the 

Attorney General, will fulfill its oversight duties by conducting a 

thorough investigation. The conferees expect the Department and 

ATF to cooperate fully with all oversight investigations into Operation Fast and Furious—whether by the OIG, an independent, government-appointed investigator, or Congress—by promptly and 

thoroughly responding to all requests for information regarding 

this matter. 

Furthermore, the conferees are aware that the Attorney General has instructed, and subsequently reiterated, that Department 

law enforcement personnel are not knowingly to allow any firearms 

to be illegally transported into Mexico for any reason. Finally, the 

conferees note that Operation Fast and Furious is but a small part 

of ATF’s extensive operations along the Southwest Border and 

should not detract from ATF’s efforts to protect Americans from illegal firearms trafficking, gun violence, and parallel drug and 

human trafficking across the U.S.-Mexico border and into the Nation’s interior. 

United States-Mexico firearms trafficking.—Beginning in fiscal 

year 2012 and thereafter, the ATF shall provide the Committees on 

Appropriations with annual data on the total number of firearms 

recovered by the Government of Mexico, and of those, the number 

for which an ATF trace is attempted, the number successfully 

traced and the number determined to be manufactured in or imported into the United States prior to being recovered in Mexico. 

National Integrated Ballistic Information Network (NIBIN).— 

The conferees continue to support the NIBIN, including the significant investment made by State and local law enforcement partners 

to build the current NIBIN database. The conferees believe that 

ATF should move expeditiously to ensure that ballistic imaging 

technology is routinely refreshed, upgraded and deployed to State 

and local law enforcement. The conferees urge ATF to prioritize the 

upgrading and replacement of aging ballistic imaging equipment in 

its fiscal year 2012 operating plan and in future budget requests. 

ATF should ensure upgrades and replacements maximize and protect the resources invested by State and local law enforcement. 


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FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $6,551,281,000 for the salaries and expenses of the Federal Prison System. 

Activations and expansions.—The conference agreement includes funds for the commencement or completion of activation of 

new prison facilities constructed by the Bureau of Prisons (BOP). 

The conferees expect BOP to make adherence to the activation 

schedule for these prisons, as detailed in BOP’s fiscal year 2012 

budget submission, a top priority, and to immediately notify the 

Committees on Appropriations of any changes to this schedule. In 

addition, as part of the Department’s fiscal year 2012 spending 

plan, BOP shall include the allocation of funds by decision unit. 

Radicalization in Federal prisons.—The conference agreement 

incorporates language in the House report regarding radicalization 

in Federal prisons and the conferees instruct the Department to 

take the necessary actions to eliminate prisoner access to 

radicalizing material. The conferees further direct the Department 

to submit a report to the Committees on Appropriations not later 

than 120 days after the enactment of this Act on its maintenance 

of a central registry of acceptable materials and the processes employed to ensure that potentially radicalizing materials are not included. 

Work in prisons.—The conferees affirm the language in the 

House report expressing the belief that increasing work opportunities for Federal prisoners is an important priority. Statistics from 

BOP indicate that inmates who participate in work programs are 

24 percent less likely to offend again, 14 percent more likely to find 

work outside of prison and 23 percent less likely to have misconduct issues in prison. The conferees direct the Department to 

report to the Committees on Appropriations not later than 120 

days after the enactment of this Act on actions taken and planned 

to increase meaningful work opportunities available to inmates. 

Sentence reduction opportunities.—The conferees are concerned 

that the current upward trend in the prison inmate population is 

unsustainable and, if left unchecked, will eventually engulf the Department’s budgetary resources. The conferees encourage BOP to 

work with the authorizing committees on proposals that reduce 

both recidivism and appropriations requirements. 

Employee retaliation.—The conferees are concerned that BOP 

employees were cited recently by the Equal Employment Opportunity Commission (EEOC) as having the highest and most widespread fear of retaliation compared to the rest of the Federal workforce. The conferees expect BOP to certify to the Committees on 

Appropriations that it has implemented and met the recommendations included in the EEOC’s November 2010 Final Program Evaluation Report for the Federal Bureau of Prisons, and submit concurrently a report on its compliance with the recommendations to 

the Department’s OIG for review and comment. 


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BUILDINGS AND FACILITIES

The conference agreement includes $90,000,000 for the construction, acquisition, modernization, maintenance and repair of 

prison and detention facilities housing Federal inmates. 

Status of construction reports.—The conferees direct BOP to resume providing to the Committees on Appropriations, not later 

than 30 days after the enactment of this Act, the most recent 

monthly status of construction report and to notify the Committees 

on Appropriations of any deviations from the construction and activation schedule identified in that report, including detailed explanations of the causes of delays and actions proposed to address 

them. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

The conference agreement includes a limitation on administrative expenses of $2,700,000 for Federal Prison Industries, Incorporated. 

Federal Prison Industries (FPI).—In addition to its function as 

a reentry tool, the conferees believe that FPI, if allowed to enter 

into partnerships with private businesses, could bring some lost 

manufacturing back into the United States while providing inmates 

with opportunities to learn skills that will be marketable after release. Therefore, the conference agreement includes language 

under section 221 of this Act to allow FPI to carry out pilot projects 

to produce items that are currently manufactured outside of the 

United States. 

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

In total, the conference agreement includes $2,227,300,000 for 

State and local law enforcement and crime prevention programs. 

Salaries and expenses.—The Omnibus Appropriations Act, 

2009 (P.L. 111–8) established a common salaries and expenses appropriation to provide for the cost of all management and administration activities of the Department’s grant offices. The establishment of this account was in response to inadequate agency budgeting mechanisms for management and administration activities 

and a lack of transparency about the actual costs of those activities. Since fiscal year 2009, the grant offices have made important 

and marked progress in this regard. 

During fiscal year 2012, the conferees direct the Department 

to support management and administration expenses with program 

funding subject to the submission of details related to planned 

management and administration expenses, by program, as part of 

the Department’s fiscal year 2012 spending plan. In addition, the 

spending plan should include planned expenses for training and 

technical assistance, research and statistics activities, interagency 

agreements, cooperative agreements and peer review, along with 

any additional general category of expense other than grants. The 

conferees encourage grant offices to minimize administrative 

spending in order to maximize the amount of funding that can be 

used for grants or training and technical assistance. 


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As part of the budget submission for future fiscal years, the 

Department is directed to detail the actual costs for each grant office in each of the categories noted above for the prior fiscal year, 

by program, along with estimates of planned expenditures for each 

grant office in each of these categories, by program, for the current 

year and the budget year. In addition, the Office of Justice Programs (OJP), the Office on Violence Against Women (OVW), and 

the Office of Community Oriented Policing Services (COPS) are directed to report to the Committees on Appropriations on their formal definitions of management and administration costs or on the 

detailed guidance that governs decisions about the types of costs 

that should be considered management and administration costs. 

Workload analysis.—The conferees are aware that OVW, OJP 

and COPS have each initiated a workload analysis to ensure that 

their respective staffing levels and mix of personnel accurately reflect workload and requirements. The conferees direct each office to 

provide a report to the GAO and the Committees on Appropriations 

not later than 120 days after the enactment of this Act describing 

its updated staffing model based on the results of its workload 

analysis. In addition, the conferees direct GAO to examine each office’s staffing model and report to the Committees on Appropriations, not later than 6 months after the date the offices submit 

their reports, with an evaluation of the models, and recommendations (as warranted), on how each office’s staffing model could be 

further improved. 

Non-compliant grantees.—The conference agreement incorporates language from the Senate report noting that OJP, COPS 

and OVW appear to be using different sanctions and remedies for 

grantees that are determined to be out of compliance with grant requirements. The conferees expect the Department to work to consolidate rules and procedures across the three offices in order to 

produce the most consistent compliance enforcement process possible. 

Evidence-based programs.—The conferees strongly urge OJP, 

COPS and OVW to ensure that, to the greatest extent practicable, 

competitive grants are used for evidence-based programs and activities. 

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

The conference agreement includes $412,500,000 for OVW. 

These funds are distributed as follows: 

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS 

[In thousands of dollars] 

Program Conference 

STOP Grants .......................................................................................................................................................... $189,000 

Transitional Housing Assistance .......................................................................................................................... 25,000 

Research and Evaluation on Violence against Women ........................................................................................ 3,000 

Grants to Encourage Arrest Policies ..................................................................................................................... 50,000 

Homicide Reduction Initiative ...................................................................................................................... (4,000 ) 

Sexual Assault Victims Services ........................................................................................................................... 23,000 


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VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS—Continued 

[In thousands of dollars] 

Program Conference 

Rural Domestic Violence and Child Abuse Enforcement ..................................................................................... 34,000 

Violence on College Campuses ............................................................................................................................. 9,000 

Civil Legal Assistance .......................................................................................................................................... 41,000 

Elder Abuse Grant Program .................................................................................................................................. 4,250 

Safe Havens Program ........................................................................................................................................... 11,500 

Education and Training for Disabled Female Victims ......................................................................................... 5,750 

Court Training and Improvements Program ......................................................................................................... 4,500 

Research on Violence against Indian Women ...................................................................................................... 1,000 

Consolidated Youth-oriented Program .................................................................................................................. 10,000 

National Resource Center on Workplace Responses ............................................................................................ 1,000 

Indian Country—Sexual Assault Clearinghouse .................................................................................................. 500 

TOTAL, Violence Against Women Prevention and Prosecution Programs .................................................... $412,500 

OFFICE OF JUSTICE PROGRAMS

RESEARCH, EVALUATION, AND STATISTICS

The conference agreement includes $113,000,000 for the Research, Evaluation, and Statistics account, formerly known as the 

Justice Assistance account. These funds are distributed as follows: 

RESEARCH, EVALUATION, AND STATISTICS 

[In thousands of dollars] 

Program Conference 

Bureau of Justice Statistics ................................................................................................................................. $45,000 

National Crime Victimization Survey (NCVS) ............................................................................................... (26,000 ) 

Redesign Work for the NCVS ....................................................................................................................... (10,000 ) 

Indian Country Statistics ............................................................................................................................. (500 ) 

National Institute of Justice ................................................................................................................................. 40,000 

Transfer to NIST/OLES for DNA/Forensics .................................................................................................... (5,000 ) 

Evaluation Clearinghouse (What Works Repository) ............................................................................................ 1,000 

Regional information sharing activities ............................................................................................................... 27,000 

TOTAL, Research, Evaluation, and Statistics .............................................................................................. $113,000 

Spending plans.—The conferees direct the Department to include in its spending plan for fiscal year 2012 a plan for the use 

of all funding administered by the National Institute of Justice 

(NIJ) and the Bureau of Justice Statistics (BJS), including funding 

provided for domestic radicalization research under the State and 

Local Law Enforcement Assistance account. The conferees expect 

NIJ to carry out new initiatives proposed for fiscal year 2012 to the 

extent possible within the funds provided, including initiatives in 

the following areas: maximizing the value of forensic evidence; establishing the effectiveness of criminal justice diversion methods 

and strategies; eliminating rape kit backlogs (pilots); conducting Indian country crime and victimization research; improving prescription drug monitoring; improving inmate reentry; improving riskbased decision-making in the criminal justice system; and establishing a better understanding of the risk-based factors leading to 

domestic radicalization and related acts of violence/terrorism, 

among others. 


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Evaluation Clearinghouse.—The conferees adopt the language 

in the Senate report regarding funding for an Evaluation Clearinghouse/What Works Repository. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

The conference agreement includes $1,162,500,000 for State 

and Local Law Enforcement Assistance programs. These funds are 

distributed as follows: 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 

[In thousands of dollars] 

Program Conference 

Byrne Memorial Justice Assistance Grants .......................................................................................................... $470,000 

Domestic Radicalization Research .............................................................................................................. (4,000 ) 

Criminal Justice Reform and Recidivism Reduction ................................................................................... (6,000 ) 

Presidential Nominating Convention Security ............................................................................................. (100,000 ) 

State and Local Anti-terrorism Training ..................................................................................................... (2,000 ) 

State and Local Assistance Help Desk and Diagnostic Center .................................................................. (4,000 ) 

VALOR Initiative ........................................................................................................................................... (2,000 ) 

State Criminal Alien Assistance Program ............................................................................................................ 240,000 

Border Prosecutor Initiative .................................................................................................................................. 10,000 

Byrne Competitive Grants ..................................................................................................................................... 15,000 

Missing Alzheimer’s Patients Grants .................................................................................................................... 1,000 

Victims of Trafficking Grants ............................................................................................................................... 10,500 

Drug Courts ........................................................................................................................................................... 35,000 

Prescription Drug Monitoring ................................................................................................................................ 7,000 

Prison Rape Prevention and Prosecution ............................................................................................................. 12,500 

Residential Substance Abuse Treatment .............................................................................................................. 10,000 

Capital Litigation and Wrongful Conviction Review ............................................................................................ 3,000 

Mentally Ill Offender Act ....................................................................................................................................... 9,000 

Tribal Assistance .................................................................................................................................................. 38,000 

Economic, High-tech and Cybercrime Prevention ................................................................................................ 7,000 

CASA—Special Advocates .................................................................................................................................... 4,500 

Bulletproof Vests ................................................................................................................................................... 24,000 

Transfer to NIST/OLES .................................................................................................................................. (1,500 ) 

National Instant Criminal Background Check System ......................................................................................... 5,000 

Criminal Records Upgrade .................................................................................................................................... 6,000 

Second Chance Act/Offender Reentry ................................................................................................................... 63,000 

Smart Probation ........................................................................................................................................... (4,000 ) 

John R. Justice Grant Program ............................................................................................................................. 4,000 

Paul Coverdell Forensic Science ........................................................................................................................... 12,000 

Adam Walsh Act Implementation ......................................................................................................................... 20,000 

Children Exposed to Violence Initiative ................................................................................................................ 10,000 

Byrne Criminal Justice Innovation Program ......................................................................................................... 15,000 

Violent Gang and Gun Crime Reduction .............................................................................................................. 5,000 

National Sex Offender Public Web Site ................................................................................................................ 1,000 

DNA Initiative ........................................................................................................................................................ 125,000 

Debbie Smith DNA Backlog Grants ............................................................................................................. (117,000 ) 

Post-Conviction DNA Testing Grants ........................................................................................................... (4,000 ) 

Sexual Assault Forensic Exam Program Grants .......................................................................................... (4,000 ) 

TOTAL, State and Local Law Enforcement Assistance ................................................................................ $1,162,500 

Presidential nominating conventions.—The conference agreement includes $100,000,000 to address extraordinary local law enforcement costs related to the 2012 presidential nominating conventions. The conferees note that the Department failed to request 

any funding for this activity, and expect that future budget requests will address known resource requirements associated with 

convention security. The conferees expect that the funds included 

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ment expenses incurred with respect to local law enforcement’s role 

in providing security for these events. The conferees expect the Department to develop clear guidelines to govern allowable expenses, 

and all payments or reimbursements shall be reviewed and approved by the Department, as well as audited by the OIG, to ensure efficiency and accountability. Finally, the conferees expect 

that planning committees for the nominating conventions will assist in addressing security needs to the greatest extent possible 

from other funding sources. 

Human trafficking.—The conference agreement includes $10,500,000 for human trafficking task force activities and services 

for U.S. citizens, permanent residents and foreign nationals who 

are victims of trafficking. The conferees expect that the human 

trafficking task forces funded by the Department will continue to 

bring together Federal, State and local law enforcement and victim 

services organizations to investigate all forms of human trafficking 

and assist the victims. OJP shall consult with stakeholder groups 

in determining the overall allocation of Victims of Trafficking funding, including with respect to amounts allocated to assist foreign 

national victims, and provide to the Committees on Appropriations 

a plan for the use of these funds as part of the Department’s fiscal 

year 2012 spending plan. The plan should be guided by the best information available on the regions of the United States with the 

highest incidence of trafficking. 

Reentry.—The conferees urge OJP to assist in the development 

of State reentry councils in order to foster State-level advancements in reentry and recidivism reduction. 

Second Chance Act.—The conferees direct the Department to 

submit, as part of its spending plan for fiscal year 2012 a plan for 

the allocation of funds appropriated for Second Chance Act programs. 

Sex offender location, arrest and prosecution/Adam Walsh Act 

implementation.—The conference agreement includes $20,000,000 

to support the administration’s proposal to help States, Indian 

tribes and territories come into compliance with the Sex Offender 

Registration and Notification Act (SORNA), as well as provide for 

sex offender management and treatment. These grants will provide 

critical support to the comprehensive, nationwide effort to locate, 

register, monitor, apprehend, prosecute and manage child sexual 

predators and exploiters that was envisioned by SORNA. 

DNA backlog/crime lab improvements.—The conferees continue Congress’ strong support for DNA backlog reduction and 

crime lab improvements by recommending $125,000,000 to 

strengthen and improve Federal and State DNA collection and 

analysis systems that can be used to accelerate the prosecution of 

the guilty while simultaneously protecting the innocent from 

wrongful prosecution. Within the funding provided, the conference 

agreement includes $4,000,000 each for Post-Conviction DNA Testing grants, and Sexual Assault Forensic Exam Program grants. 

The conferees expect that OJP will make funding for DNA analysis 

and capacity enhancement a priority to meet the purposes of the 

Debbie Smith DNA Backlog Grant Program. The conferees direct 

the Department to submit both a spending plan with respect to 

funds appropriated for DNA-related programs, and a report on the 


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alignment of appropriated funds with the authorized purposes of 

the Debbie Smith DNA Backlog Grant Program, as part of the Department’s spending plan for fiscal year 2012. 

In addition, the conferees direct the GAO to examine the use 

of funds awarded for DNA analysis and capacity enhancement in 

the past five years that were awarded to any entity other than to 

a State or local public DNA laboratory. GAO’s examination should 

include an evaluation of the methodology employed in creating the 

solicitations and the process for awarding these funds; the extent 

to which DOJ has assessed whether the results of the awards are 

making a measurable impact with respect to reducing backlogs and 

increasing capacity; and how the objectives of the solicitations have 

been fulfilled. The study should also include an analysis of how NIJ 

inventories and compiles grant data and results, including a breakdown of the funds provided to non-government DNA laboratories on 

an annual basis, and a description of the contribution of NIJ toward increasing capacity and reducing backlogs for government 

DNA laboratories. Lastly, the study should detail the proportion of 

DNA funding annually provided to State and local laboratories, 

non-government entities, NIJ’s DNA program office, and other uses 

by NIJ such as overhead, travel and conferences. 

National technical assistance and training.—The conferees affirm language in the Senate report encouraging the Department to 

continue its efforts to assist States in the development and use of 

criminal justice information systems that accelerate the automation 

of identification processes for fingerprints and other criminal justice data, and which improve the compatibility of State and local 

law enforcement systems with the FBI’s Integrated Automated Fingerprint Identification System. 

National Motor Vehicle Title Information System (NMVTIS).— 

The conference agreement incorporates language in the Senate report on the use of NMVTIS as an effective tool to prevent the 

fraudulent use of vehicle title documents, investigate vehicle thefts 

and thwart terrorist financing activities. 

Tribal assistance.—The conference agreement includes 

$38,000,000 for tribal grant programs. The conferees expect OJP to 

consult closely with tribal stakeholders in determining how tribal 

assistance funds will be allocated among grant programs that help 

improve public safety in tribal communities, such as grants for detention facilities under section 20109 of subtitle A of title II of the 

Violent Crime Control and Law Enforcement Act of 1994 (Public 

Law 103–322), civil and criminal legal assistance as authorized by 

title I of Public Law 106–559, tribal courts, and alcohol and substance abuse reduction assistance programs. The conferees direct 

OJP to submit, as part of the Department’s spending plan for fiscal 

year 2012, a plan for the use of these funds that has been informed 

by such consultation. The conferees note that the conference agreement includes additional grant funding for tribal law enforcement 

programs through COPS and OVW. 

Direct legal representation of crime victims.—The conference 

agreement incorporates language in the Senate report directing the 

Office for Victims of Crime to submit a report to the Committees 

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tims of Crime Act victim assistance formula allocation for fiscal 

year 2012. 

JUVENILE JUSTICE PROGRAMS

The conference agreement includes $262,500,000 for Juvenile 

Justice programs. These funds are distributed as follows: 

JUVENILE JUSTICE PROGRAMS 

[In thousands of dollars] 

Program Conference 

Part B—State Formula Grants ............................................................................................................................. $40,000 

Youth Mentoring Grants ........................................................................................................................................ 78,000 

Title V—Delinquency Prevention Incentive Grants .............................................................................................. 20,000 

Tribal Youth ................................................................................................................................................. (10,000 ) 

Gang and Youth Violence Education and Prevention ................................................................................. (5,000 ) 

Alcohol Prevention ........................................................................................................................................ (5,000 ) 

Victims of Child Abuse Programs ........................................................................................................................ 18,000 

Juvenile Accountability Block Grants .................................................................................................................... 30,000 

Community-Based Violence Prevention Initiatives ............................................................................................... 8,000 

Missing and Exploited Children Programs ........................................................................................................... 65,000 

Training for Judicial Personnel ............................................................................................................................. 1,500 

National Forum on Youth Violence Prevention ..................................................................................................... 2,000 

TOTAL, Juvenile Justice Programs ................................................................................................................ $262,500 

Youth mentoring grants.—The conferees direct OJP to submit, 

as part of the Department’s spending plan for fiscal year 2012, a 

report detailing the criteria and methodology that will be used to 

award youth mentoring grants and a spending plan for youth mentoring funds. The conferees expect that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) will take all steps necessary to ensure fairness and objectivity in the award of these and 

future competitive grants. 

Missing and exploited children/Internet Crimes Against Children (ICAC).—The conference agreement includes $65,000,000 for 

missing and exploited children programs, including funds for the 

ICAC task force program, to continue to expand efforts to protect 

the Nation’s children, focusing on the areas of locating missing children, and addressing the growing wave of child sexual exploitation 

facilitated by the Internet. The conferees direct OJP to provide a 

spending plan for the use of these funds as part of the Department’s spending plan for fiscal year 2012. The conferees are aware 

that one way OJP addresses the proliferation of Internet crimes 

against children is through ICAC task forces. With regard to ICAC 

task forces, the conferees encourage the Department to fund programs with proven training results and low administrative costs. 

Victims of Child Abuse Act.—The conference agreement includes $18,000,000 for the various programs authorized under the 

Victims of Child Abuse Act (Public Law 101–647). Within the funds 

provided, $5,000,000 shall be used to fund Regional Children’s Advocacy Centers Programs. 

PUBLIC SAFETY OFFICER BENEFITS

The conference agreement includes $78,300,000 for the Public 

Safety Officer Benefits program for fiscal year 2012. Within the 

funds provided, $62,000,000 is for death benefits for survivors, an 


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amount estimated by the Congressional Budget Office that is considered mandatory for scorekeeping purposes. In addition, 

$16,300,000 is provided for disability benefits for public safety officers permanently and totally disabled as a result of a catastrophic 

injury and for education benefits for the spouses and children of officers killed in the line of duty or permanently and totally disabled 

as a result of a catastrophic injury sustained in the line of duty. 

COMMUNITY ORIENTED POLICING SERVICES

COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

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

COMMUNITY ORIENTED POLICING SERVICES 

[In thousands of dollars] 

Program Conference 

Transfer to DEA for Methamphetamine Lab Cleanups ........................................................................................ 12,500 

Tribal Resources Grant Program .......................................................................................................................... 20,000 

COPS Hiring Grants .............................................................................................................................................. 166,000 

Transfer to Tribal Resources Grant Program .............................................................................................. (15,000 ) 

Community Policing Development/Training and Technical Assistance ...................................................... (10,000 )

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

Tribal Resources Grant Program (TRGP).—The conference 

agreement provides a total of $35,000,000 in funding targeted entirely to tribal communities through the TRGP. Within the TRGP, 

$20,000,000 is provided through direct appropriations and 

$15,000,000 is provided by transfer from the COPS Hiring program. The conferees note that all funds available to the TRGP may 

be used for equipment and hiring or training of tribal law enforcement. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

The conference agreement includes the following general provisions for the Department of Justice: 

Section 201 makes available additional reception and representation funding for the Attorney General from the amounts provided 

in this title. 

Section 202 prohibits the use of funds to pay for an abortion, 

except in the case of rape or to preserve the life of the mother. 

Section 203 prohibits the use of funds to require any person to 

perform or facilitate the performance of an abortion. 

Section 204 establishes the obligation of the Director of the Bureau of Prisons to provide escort services to an inmate receiving an 

abortion outside of a Federal facility, except where this obligation 

conflicts with the preceding section. 

Section 205 establishes the conference agreement’s requirements and procedures for transfer proposals. 

Section 206 authorizes the Attorney General to extend an ongoing Personnel Management Demonstration Project. 

Section 207 extends specified authorities to the ATF for undercover operations. 


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Section 208 prohibits the use of funds for transporting prisoners classified as maximum or high security, other than to a facility certified by the BOP as appropriately secure. 

Section 209 prohibits the use of funds for the purchase or rental by Federal prisons of audiovisual equipment, services and materials used primarily for recreational purposes, except for those 

items and services needed for inmate training, religious or educational purposes. 

Section 210 requires review by the Deputy Attorney General 

and the Department Investment Review Board prior to the obligation or expenditure of funds for major information technology 

projects. 

Section 211 requires the Department to follow reprogramming 

procedures prior to any deviation from the program amounts specified in this title or the reuse of specified deobligated funds provided 

in previous years. 

Section 212 prohibits the use of funds for A–76 competitions 

for work performed by employees of the BOP or FPI, Inc. 

Section 213 requires a cost and schedule report on the Sentinel 

program. 

Section 214 prohibits U.S. Attorneys from holding additional 

responsibilities that exempt U.S. Attorneys from statutory residency requirements. 

Section 215 permits up to 3 percent of grant and reimbursement program funds made available to OJP to be used for training 

and technical assistance; permits up to 2 percent of grant funds 

made available to that office to be used for criminal justice research, evaluation and statistics by NIJ and BJS; and directs that 

of such amounts transferred to NIJ and BJS, $1,300,000 shall be 

transferred to the BOP. 

Section 216 gives the Attorney General the authority to waive 

matching requirements for Second Chance Act adult and juvenile 

reentry demonstration projects; State, tribal and local reentry 

courts; and drug treatment programs. 

Section 217 waives the requirement that the Attorney General 

reserve certain funds from amounts provided for offender incarceration. 

Section 218 permits the use of appropriated funds for travel 

and healthcare of personnel serving abroad. 

Section 219 prohibits funds, other than funds for the national 

instant criminal background check system established under the 

Brady Handgun Violence Prevention Act, from being used to facilitate the transfer of an operable firearm to a known or suspected 

agent of a drug cartel where law enforcement personnel do not continuously monitor or control such firearm. 

Section 220 requires the Attorney General to identify an auditor to evaluate the GCCF. 

Section 221 allows Federal Prison Industries to participate in 

the Prison Industries Enhancement Certification program and allows FPI to carry out pilot projects to produce items that are no 

longer produced in the United States. 


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TITLE III—SCIENCE 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

The conference agreement includes $4,500,000 for the Office of 

Science and Technology Policy (OSTP). 

Cooperation with China.—In fiscal year 2011, OSTP, acting on 

guidance from the Department of Justice and the Office of White 

House Counsel, engaged in bilateral activities with the Chinese 

government that the Government Accountability Office (GAO) 

found to be prohibited by section 1340 of the Department of Defense and Full Year Continuing Appropriations Act, 2011 (P.L. 

112–10). Section 1340 was enacted due to congressional concern 

that our scientific cooperation with the Chinese government was 

failing to sufficiently take into account the risks posed by such activities. These risks include the transfer of sensitive technology, 

data and other information that could adversely impact our national security or disadvantage American companies relative to 

their Chinese counterparts. 

The conference agreement contains language restricting any 

OSTP activities that would carry the risk of such transfers to 

China while allowing (subject to certification and notification requirements) other activities to proceed. This should enable OSTP 

to engage in beneficial collaborative endeavors, such as public 

health planning or disaster response activities, while providing 

greater protection for U.S. economic and national security interests. 

Science, Technology, Engineering and Math (STEM) education.—The conferees support OSTP’s recent efforts to improve 

and better coordinate Federal STEM education programs and to develop a government-wide STEM education strategic plan. The conferees encourage OSTP to include in the strategic plan goals relating to the improved dissemination of STEM education research and 

best practices. 

Neuroscience.—The conferees believe there is a potential in the 

near future for significant, transformative advances in our fundamental understanding of learning, brain development, and brain 

health and recovery. Such advances will require enhanced tools to 

better understand the working of the brain, enhanced data and 

data infrastructure, and expanded interdisciplinary and large-scale 

research efforts. Neuroscience research is supported by the National Institutes of Health, the National Science Foundation (NSF), 

the Department of Veterans Affairs, the Department of Defense 

and other Federal agencies. The conferees encourage OSTP to establish, through the National Science and Technology Council 

(NSTC), an interagency working group to coordinate Federal investments in neuroscience research. The interagency working 

group should help focus and enhance Federal efforts toward: developing future clinical treatments for traumatic and acquired brain 

injuries; better understanding cognition and learning, and applying 

that understanding to improving education and learning; and improving our understanding of and developing better therapies for 

Alzheimer’s disease, childhood developmental disorders and other 

neurological conditions. 


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

The conference agreement includes $17,800,000,000 for the National Aeronautics and Space Administration (NASA). 

Fiscal oversight.—In order to promote strong fiscal oversight, 

the Committees on Appropriations have been pursuing with NASA 

a number of crosscutting issues, including cost estimation and control, financial management, acquisition reform and grants management. The conferees direct NASA to stay engaged in these ongoing 

efforts and to comply with all related reporting requirements and 

directives on these topics that were contained in the House and 

Senate reports. 

Budget structure.—Funds have been allocated according to an 

account and program structure that generally conforms to the 

structure proposed in the budget request. After several consecutive 

years of major structural modifications, however, the conferees expect that NASA will refrain from proposing additional account 

changes unless directed to do so by the Committees. 

The conferees’ table of recommendations for NASA is delineated below. Additional detail may be found under the relevant account headings. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

[In thousands of dollars] 

Program Conference 

Science: 

Earth Science ............................................................................................................................................... $1,765,700 

Planetary Science ......................................................................................................................................... 1,500,400 

Astrophysics ................................................................................................................................................. 672,000 

James Webb Space Telescope ..................................................................................................................... 529,600 

Heliophysics ................................................................................................................................................. 622,300 

Total, Science ............................................................................................................................. 5,090,000 

Aeronautics ........................................................................................................................................................... 569,900 

Space Technology .................................................................................................................................................. 575,000 

Exploration: 

Human Exploration Capabilities .................................................................................................................. 3,060,000 

Orion Multi-Purpose Crew Vehicle ...................................................................................................... (1,200,000 ) 

Space Launch System ......................................................................................................................... (1,860,000 ) 

Commercial Crew ......................................................................................................................................... 406,000 

Exploration Research and Development ...................................................................................................... 304,800 

Total, Exploration ..................................................................................................... 3,770,800 

Space Operations: 

Space Shuttle ............................................................................................................................................... 573,000 

International Space Station ......................................................................................................................... 2,830,000 

Space and Flight Support ............................................................................................................................ 830,600 

21st Century Launch Complex ............................................................................................................ (168,000 ) 

Total, Space Operations .......................................................................................... 4,233,600 

Education: 

Aerospace Research and Career Development ............................................................................................ 58,400 

NASA Space Grant .............................................................................................................................. (40,000 ) 

EPSCoR ................................................................................................................................................ (18,400 ) 

STEM Education and Accountability ............................................................................................................ 80,000 

Minority University Research Education Program .............................................................................. (30,000 ) 


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION—Continued 

[In thousands of dollars] 

Program Conference 

STEM Education and Accountability Projects ..................................................................................... (40,000 ) 

Informal STEM Education ................................................................................................................... (10,000 ) 

Total, Education ....................................................................................................... 138,400 

Cross Agency Support ........................................................................................................................................... 2,995,000 

Construction and Environmental Compliance and Restoration ........................................................................... 390,000 

Inspector General .................................................................................................................................................. 37,300 

Total, NASA ................................................................................................................................ $17,800,000 

SCIENCE

The conference agreement includes $5,090,000,000 for Science. 

Program, project and activity level funding designations.—The 

conferees have not included a detailed, line-item funding table for 

the Science Mission Directorate. Instead, the conference table provides totals for Earth Science, Planetary Science, Astrophysics, the 

James Webb Space Telescope and Heliophysics. Using these totals, 

as well as any additional funding direction provided below, NASA 

should develop a budget plan for each division that incorporates 

any necessary reductions and submit these proposals as part of the 

spending plan required by section 538 of this Act. In proposing reductions, NASA should take care to protect, to the extent possible, 

high priority missions of the decadal surveys, as well as missions 

with near-term launch readiness dates. In addition, NASA should 

be careful to propose a funding portfolio that maintains an essential balance between actual spaceflight projects and the critical 

mission-enabling activities (research and data analysis, data application, etc.) that support and enhance the value of those projects. 

Earth Science.—The conference agreement adopts, by reference, language from the Senate report on carbon monitoring systems and the Deformation, Ecosystem Structure and Dynamics of 

Ice mission. 

Planetary Science.—The conference agreement includes no less than $581,700,000 for Mars Exploration. Within the amount provided, NASA shall continue working to define, plan and execute future Mars missions and continue seeking and taking advantage of 

opportunities for international cooperation on such missions. The conference agreement also includes $43,000,000 for outer 

planets flagship missions. The conferees understand that required 

descoping studies for planetary flagship missions are at or near 

completion and direct that those studies be submitted to the Committees on Appropriations as soon as possible. NASA is also directed to continue working on a detailed definition of an appropriately descoped flagship mission, consistent with the findings of 

the most recent planetary science decadal survey. 

Astrophysics.—The conference agreement adopts, by reference, 

language from the Senate report regarding the Hubble Space Telescope and the Explorer Program. 


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The Wide Field Infrared Survey Telescope (WFIRST) was identified as the first priority of the most recent astronomy and astrophysics decadal survey. NASA should build on the work of the 

Joint Dark Energy Mission project and pursue WFIRST to the extent that foreseeable budget resources can accommodate this mission. 

James Webb Space Telescope (JWST).—According to the recent 

JWST budget replan, the program’s lifecycle cost estimate is now 

$8,835,000,000 (with formulation and development costs totaling 

$8,000,000,000). This represents an increase of $1,208,000,000 over 

the previous lifecycle cost estimate, including an increase of 

$156,000,000 above the budget request for fiscal year 2012. In 

order to accommodate that increase in this agreement, the conferees received input from the administration and made reductions 

to the requested levels for Earth and planetary science, astrophysics and the agency’s budget for institutional management. Although the amounts provided for these other science activities still 

constitute an increase over the fiscal year 2011 levels, the conferees 

note that keeping JWST on schedule from fiscal year 2013 through 

the planned launch in fiscal year 2018 will require NASA to identify another $1,052,000,000 over previous JWST estimates while simultaneously working to meet the deficit reduction requirements of 

the Budget Control Act of 2011 (P.L. 112–25). As a result, outyear 

work throughout the agency may need to be reconsidered. The conferees expect the administration to come forward with a realistic 

long-term budget plan that conforms to anticipated resources as 

part of its fiscal year 2013 budget request. 

To provide additional assurances that JWST’s management 

and funding problems are under control, the conference agreement 

includes language strictly limiting JWST formulation and development costs to the current estimate of $8,000,000,000 and requiring 

any increase above that amount to be treated according to procedures established for projects in 30 percent breach of their lifecycle 

cost estimates. 

In addition, the conferees direct the GAO to continually assess 

the program and to report to the Committees on Appropriations on 

key issues relating to program and risk management; achievement 

of cost and schedule goals; and program technical status. For its 

first report, the conferees direct the Comptroller General to assess: 

(1) the risks and technological challenges faced by JWST; (2) the 

adequacy of NASA’s revised JWST cost estimate based on GAO’s 

cost assessment best practices; and (3) the extent to which NASA 

has provided adequate resources for and is performing oversight of 

the JWST project to better ensure mission success. The first report 

should be provided to the Committees no later than December 1, 

2012, with reports continuing on an annual basis thereafter. Periodic updates should also be provided to the Committees upon request or whenever a significant new finding has been made. NASA 

is directed to cooperate fully and to provide timely access to analyses, data, applications, databases, portals, reviews, milestone decision meetings, and contractor and agency personnel. 

Heliophysics.—The conference agreement adopts, by reference, 

language from the Senate report regarding the Explorer Program, 

Magnetospheric Multiscale Mission and Solar Probe Plus. 


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Flagship management.—The conferees believe that flagship 

missions are an important component of a balanced science mission 

portfolio but are concerned by NASA’s history of problematic management of these projects. Without substantial improvements in 

cost estimation, requirements definition, cost discipline and other 

practices, management problems will persist and, ultimately, erode 

support for NASA’s pursuit of these missions. NASA has many 

sources of expertise, both internal and external, on which to draw 

for ideas about how to address its problems in flagship management, and the conferees urge NASA to do so. In particular, the conferees encourage NASA to look at lessons learned from reviews of 

the challenges of prior flagship projects; identify those lessons that 

address universal management issues; and implement those lessons in flagship projects across the Directorate. 

AERONAUTICS

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

SPACE TECHNOLOGY

The conference agreement includes $575,000,000 for Space 

Technology. All funds under this heading should be prioritized toward the continuation of ongoing programs and activities. 

Exploration Technology Development.—Within amounts provided, no less than $190,000,000 shall be dedicated to Exploration 

Technology Development, which directly supports the achievement 

of human exploration goals. 

Satellite servicing.—The conference agreement provides no less 

than $25,000,000 for satellite servicing activities. This funding will 

contribute to the planned competitive satellite servicing demonstration mission and shall be managed by the Human Exploration and 

Operations (HEO) Mission Directorate. 

EXPLORATION

The conference agreement includes $3,770,800,000 for Exploration. 

Orion Multipurpose Crew Vehicle (MPCV).—The conference 

agreement provides $1,200,000,000 for the Orion MPCV. The 

MPCV is intended both to be launched on the heavy lift rocket system in furtherance of NASA’s beyond Earth orbit (BEO) exploration goals and to provide an alternative means of cargo and crew 

delivery to the International Space Station (ISS) in the event that 

commercial or partner-supplied vehicles are unable to perform 

those functions. The MPCV will begin uncrewed and crewed flight 

operations in conjunction with the Space Launch System (SLS) 

within the next decade, but the conferees understand that NASA 

may want to pursue an earlier MPCV flight test utilizing a commercially available launch vehicle. The conferees have no objection 

to necessary and useful testing as long as the costs of procuring the 

launch vehicle and executing the test flight can be accommodated 

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sible in order to improve cost control and maximize the impact of 

all available dollars. 

Space Launch System.—The conference agreement provides $1,860,000,000 for the SLS, which is a sustained, evolvable heavy 

lift vehicle utilizing a common core. While this evolvable approach 

will enable NASA to achieve the earliest possible initial flight capability by using a 70 ton SLS configuration, only the 130 ton configuration will allow NASA to achieve its BEO exploration goals. 

Consequently, NASA is directed to ensure that all work done on 

the early configurations of the evolvable vehicle is in service of the 

eventual BEO capability. Similarly, NASA is reminded of its legal 

obligation to design the system from inception to the 130 ton standard and to proceed with simultaneous development of the core and 

upper stages. Wherever possible, SLS components should be procured via fixed price contracts in order to improve cost control and 

maximize the impact of all available dollars. 

The conferees note the need for additional clarity on the 

amount of money being allocated to the development of each major 

component of the SLS. In order to address this need, NASA is directed to provide quarterly reports to the Committees on Appropriations showing anticipated and actual SLS obligations and outlays by major component (core stage, upper stage, engines, boosters, avionics/instrumentation). NASA is further directed to work 

with the Committees to refine the content and format of these reports. 

Adjustments to MPCV and SLS funding.—Funds provided in 

this Act for MPCV and SLS are intended for the actual design and 

development of the vehicles themselves. Therefore, the conferees direct that the charging of related expenses to these program lines 

be kept to a minimum. Any funds deducted from the total to pay 

for civil service labor, headquarters program support, program integration, mission operations, extravehicular activities or other related expenses must be separately delineated both in the spending 

plan submitted pursuant to section 538 of this Act and in all future 

requests. The conference agreement provides a statutory set-aside 

for SLS ground operations; therefore, no additional charges to SLS 

funding for this purpose are permitted. All activities funded with 

the ground operations set-aside shall primarily serve the SLS program. 

The conferees note that the recently completed Independent 

Cost Assessment (ICA) for the exploration program utilized a different budgetary structure than NASA’s fiscal year 2011 operating 

plan or its fiscal year 2012 budget request. In the ICA, funds were 

divided into three separate streams: MPCV; SLS, exclusive of any 

ground operations; and 21st Century Ground Systems, which incorporates all SLS ground operations as well as exploration-related 

ground systems and infrastructure activities from the 21st Century 

Launch Complex program. The conferees appreciate that this structure makes a clearer distinction between SLS vehicle development 

work and ground operations and that it unites all exploration-related ground systems spending in a single account (while leaving 

ground operations and infrastructure in support of multi-user programs within the 21st Century Launch Complex appropriation). 

NASA is directed to submit its fiscal year 2013 budget request and 


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all future requests using the structure laid out in the ICA. To assist in the transition to this new structure, the fiscal year 2013 request should include a crosswalk between the new and old structures. 

Cost caps.—The conferees believe the human exploration programs should be managed under strict cost caps based on NASA’s 

analysis and the recently completed ICA. Within 60 days of the enactment of this Act, NASA shall report to the Committees on Appropriations on planned milestones; expected performance and configurations; planned ground and flight testing programs; and 

deliverables for SLS, MPCV and ground systems. As part of this 

report, NASA shall recommend separate cost caps for the SLS, 

MPCV and associated ground systems (consistent with the funding 

streams as identified in the ICA) through fiscal year 2017 and shall 

manage each program to remain within those caps. 

Exploration destinations and goals.—The conferees believe that 

NASA needs to better articulate a set of specific, scientifically meritorious exploration goals to focus its program and provide a common vision for future achievements. Consequently, the conferees direct NASA to develop and report to the Committees on Appropriations a set of science-based exploration goals; a target destination 

or destinations that will enable the achievement of those goals; a 

schedule for the proposed attainment of these goals; and a plan for 

any proposed collaboration with international partners. Proposed 

international collaboration should enhance NASA’s exploration 

plans rather than replace capabilities NASA is developing with current funds. This report shall be submitted no later than 180 days 

after the enactment of this Act. 

Commercial crew funding.—While significant unanswered 

questions remain about the long-term viability of the commercial 

space market, the conferees agree with NASA that the support of 

domestic aerospace jobs and the provision of redundant access to 

the ISS are worthy goals. Consequently, the conference agreement 

provides $406,000,000 for the commercial crew development program. The agreement withholds $100,000,000 of these funds pending the completion of specified acquisitions milestones in the 

human exploration program. The conferees expect, however, that 

the timely completion of these milestones will result in the prompt 

release of all withheld funds without any negative impact on the 

commercial crew program. 

Commercial crew management.—All of the commercial crew 

management and acquisition plans submitted by NASA to date 

have been predicated on receiving funding far in excess of the authorized level. The conferees are concerned that NASA has not devoted sufficient time to developing a detailed management plan for 

alternate scenarios. NASA is directed to work expeditiously to alter 

its management and acquisition strategy for the program as necessary to make the best use of available resources and to define the 

most cost effective path to the achievement of a commercial crew 

capability. NASA is encouraged to consider, as part of an altered 

strategy, an accelerated down-select process that would concentrate 

and maximize the impact of each appropriated dollar. 

The conferees understand that NASA has several mechanisms 

in place to ensure that the risk associated with commercial crew 


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development activities is not carried solely by the government. 

Consistent with normal procurement practices, NASA evaluates 

through responsibility and commitment assessments the financial 

stability of potential contractors. In addition, NASA will structure 

awards to ensure that payments are made only after the achievement of specified performance milestones and to protect the government’s ability to retain and use data derived from an award in the 

event that the contractor defaults or otherwise chooses to discontinue participation in the program. These practices limit the financial exposure of the government and maximize the value of all 

payments made. 

Commercial safety requirements.—The conferees are pleased by 

NASA’s commitment to hold all human-rated launch vehicles and 

crew systems, including those developed via both the commercial 

crew program and the Human Exploration Capabilities program, to 

the same safety requirements regarding the potential loss of crew 

(LOC) or loss of mission (LOM). The conferees direct NASA to ensure that any tailoring of specific safety standards and procedures 

going forward does not affect this uniform application of LOC/LOM 

requirements. 

Apollo heritage sites.—Future human and robotic exploration of 

the Moon poses a threat to the preservation of historically and scientifically significant sites there, including the locations of the first 

and last Apollo lunar landings. The conferees support NASA’s efforts to establish guidelines for the protection of Apollo ‘‘heritage 

sites’’ and direct NASA to keep the Committees on Appropriations 

informed of further progress in this area. 

SPACE OPERATIONS

The conference agreement includes $4,233,600,000 for Space 

Operations. 

Space Shuttle.—The conference agreement provides a total of $573,000,000 for the Space Shuttle program, including 

$470,000,000 to cover NASA’s liability pursuant to the termination 

of the pension plan under the Space Program Operations Contract 

(SPOC). The conferees have derived their numbers from the most 

recently available actuarial estimate of SPOC liability needs, as 

provided by NASA. The government is legally obligated to make 

these payments. If the final calculated pension shortfall differs 

from this amount, NASA may address the difference by either adding to or deducting from remaining Space Shuttle transition and 

retirement funds. 

The conference agreement adopts, by reference, language in 

the House report requiring NASA to undertake specified actions relating to the transition of the Shuttle workforce and to provide status reports on the progress of its Space Shuttle orbiter disposition 

efforts. 

International Space Station (ISS).—The conferees support the 

decision to extend ISS research and operations through 2020. In 

support of the ISS program, the conference agreement provides 

$2,830,000,000 for ISS operations, research and cargo supply. 

Satellite servicing.—The conference agreement includes 

$50,000,000 from Space Operations to continue satellite servicing 

activities. These funds are in addition to $25,000,000 for satellite 


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servicing in the Space Technology account. The HEO Mission Directorate shall continue to be responsible for the overall direction 

and management of all agency satellite servicing activities, which 

are undertaken as a joint project of the HEO, Space Technology 

and Science mission directorates. Satellite servicing activities shall 

include mission architecture design, robotic system development, 

autonomous rendezvous and capture sensor testing, fluid transfer 

demonstrations and spacecraft design. 

Funds are to be used to continue work on a competitive project 

to develop, in collaboration with a U.S. commercial partner, a satellite servicing mission capable of operating in geosynchronous 

Earth orbit. The goal for such a mission is to achieve an on-orbit 

servicing of an observatory-class government satellite by 2016. Any 

U.S. commercial partner should be willing to invest its own resources in this mission, as it is intended to foster the creation of 

an ongoing commercial capability that could meet the needs of 

NASA, other Federal agencies, the commercial satellite sector and 

the scientific community. 

21st Century Launch Complex.—The conference agreement 

adopts, by reference, language from the Senate report regarding 

the 21st Century Launch Complex program. As noted under the 

Exploration heading, the conferees intend to confine the 21st Century Launch Complex appropriation to multi-user projects beginning in fiscal year 2013. Any 21st Century funds that support the 

ground operations and infrastructure of the human exploration program will be included in the new 21st Century Ground Systems 

funding stream in future years. 

Tracking and Data Relay Satellite-M (TDRS–M).—NASA has 

authority to fund research and development programs and projects 

on an incremental basis. However, the conferees understand that 

TDRS–M, unlike prior TDRS System projects, does not qualify as 

research and development. In order to remain consistent with historical precedent on TDRS funding, therefore, the conferees have 

provided bill language permitting NASA to treat TDRS–M as a research and development project for the purposes of incremental 

funding for the duration of the project. 

Launch site infrastructure.—NASA is directed to facilitate the 

efficient and beneficial re-purposing of vacant or underutilized facilities, equipment and other property at NASA-owned launch sites. 

To accomplish this re-purposing, NASA is directed to employ all 

authorities granted by Congress and to involve, to the extent practical, field-level personnel in the decision making. 

EDUCATION

The conference agreement includes $138,400,000 for Education. 

Portfolio structure and funding levels.—The conferees have 

constructed an education portfolio that strikes a balance between 

NASA’s desire to restructure and streamline elements of the portfolio with the need to provide sufficient support to successful existing programs such as Space Grant, the Experimental Program to 

Stimulate Competitive Research (EPSCoR) and the Minority University Research and Education Program. The conferees direct 

NASA to consider this balance when developing future education 

budget requests. The conferees also note the existence of significant 


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educational resources built into the mission directorate budgets 

and encourage NASA to take all necessary steps to ensure that 

these educational activities are well integrated with the programs 

funded under this heading. 

Informal Education.—The conferees have provided $10,000,000 

for a competitive grant program to fund informal education programs that develop STEM education activities, including exhibits, 

at qualifying institutions as described in section 616 of the NASA 

Authorization Act of 2005 (P.L. 109–155), and/or at NASA Visitors 

Centers. In selecting grants, NASA shall prioritize projects according to their links to NASA’s missions. 

CROSS AGENCY SUPPORT

The conference agreement includes $2,995,000,000 for Cross 

Agency Support (CAS). 

Civil service labor.—NASA’s CAS request included funding for 

nearly 700 programmatic FTE that had not yet been allocated to 

a mission directorate. Since the time of the budget submission, 

NASA has provided updated data showing the appropriate distribution of these FTE. The conference agreement reflects this updated 

distribution by reallocating both the FTE and associated funding 

out of the CAS account. 

Background investigations.—All members of the NASA workforce, including both civil servants and contractors, should be appropriately and regularly screened to validate their right to access 

NASA physical or virtual resources. The conferees support the implementation of all necessary security procedures to achieve this 

goal. 

Employee Performance Communications System (EPCS).—The 

conference agreement adopts, by reference, language in the Senate 

report requiring a GAO assessment of specified elements of the implementation of the EPCS. 

Cybersecurity.—The conference agreement adopts, by reference, 

language from the House report regarding authorities of the Chief 

Information Officer to address cybersecurity vulnerabilities. 

Independent Verification and Validation (IV&V).—The conference agreement adopts, by reference, language from the Senate 

report regarding IV&V. 

Budget justifications.—The conferees understand that NASA is 

undertaking changes to the format and content of its annual budget justifications. The Committees on Appropriations should be involved in the discussion about what changes are necessary in order 

to ensure that the end product is as useful as possible for the conduct of the Committees’ work. Consequently, NASA is directed to 

work jointly with the Committees to define the scope and content 

of needed changes and to implement those changes in all future 

budget justifications. 

Comprehensive independent assessment.—NASA has a broad 

mandate to execute a balanced space program that includes 

science, technology development, aeronautics research, human 

spaceflight and education. NASA regularly receives management 

and programmatic recommendations from GAO, the Office of Inspector General (OIG) and various commissions and other entities, 

as well as outside advice on scientific and technical priorities from 


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the National Academies. While each of these reviews is useful on 

its own, they are generally targeted to a specific issue or program 

and therefore do not provide a comprehensive assessment of 

NASA’s activities. The conferees believe that such an agency-wide 

assessment will provide a means to evaluate whether NASA’s overall strategic direction remains viable and whether agency management is optimized to support that direction. Accordingly, the conference agreement recommendation includes $1,000,000, to be provided by transfer to the OIG, to commission a comprehensive independent assessment of NASA’s strategic direction and agency management. 

The assessment should consider the relevance and feasibility of 

NASA’s strategic goals; the appropriateness of the budgetary balance between NASA’s various programs; and the adequacy of 

NASA’s internal policies, procedures, controls and organizational 

structures that support and prioritize its mission activities. Any 

recommendations made pursuant to the assessment should be 

predicated on the assumption that NASA’s outyear budget profile 

will be constrained due to continuing deficit reduction efforts. Such 

recommendations should also take into account the need for a common, unifying vision for NASA’s strategic direction that encompasses NASA’s varied missions. A report summarizing the conclusions of the assessment and any relevant recommendations shall be 

provided to the Congress and the President no later than 120 days 

after the enactment of this Act. 

To conduct this assessment, the Inspector General shall choose 

an organization that will convene individuals with recognized relevant expertise and whose collective credentials sufficiently cover 

the entire range of NASA’s mission activities, including space and 

Earth science; aeronautics; advanced technology development; 

space exploration; spaceflight operations and support; STEM education; and/or management of any of these activities. In order to 

promote objectivity, the Inspector General shall define and implement any conflict of interest protocols deemed necessary, but, at a 

minimum, the selected individuals shall not be currently employed 

or retained by NASA or any outside entity that competes for or receives NASA funding. 

Working Capital Fund (WCF).—NASA’s WCF was initially authorized in fiscal year 2003. In fiscal year 2012, NASA has expanded its use of the WCF to cover activities such as major agencywide information technology services. The conferees are concerned 

that such an expansion of the uses of the WCF without adequate 

advance notification through the normal budget process undermines the oversight role of the Committees on Appropriations. Accordingly, the conferees direct that NASA, as part of its annual 

congressional budget justification, detail any expected WCF activity 

for the coming fiscal year, including the source and amount of expected WCF transfers, all expected uses of the Fund, and any balances on hand or expected to remain at the end of the fiscal year. 

NASA shall also provide quarterly to the Committees an accounting of that quarter’s expenditures along with the amount of any 

unobligated balances in the Fund. 


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CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

The conference agreement includes $390,000,000 for Construction and Environmental Compliance and Restoration (CECR). 

Integrated facilities master planning.—The conference agreement adopts, by reference, language from the House report directing the submission of an integrated facilities master plan. 

Hangar 1, Moffett Field.—The conference agreement adopts, by 

reference, language from the House report regarding Hangar 1 at 

Moffett Field. 

Mission-related construction.—NASA continues to request 

funds for construction of facilities within both the Space Operations 

and the Exploration accounts. This is an inefficient practice which 

requires significant post-enactment transfers of funds between accounts. The conference agreement permits such transfers in specified amounts from Space Operations and Exploration in fiscal year 

2012, but NASA is directed to ensure that all construction funds 

in future years are requested solely within the CECR account. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $37,300,000 for the Office 

of Inspector General. 

ADMINISTRATIVE PROVISIONS

The conference agreement includes the following administrative provisions for NASA: 

The agreement includes a provision that makes funds for announced prizes available without fiscal year limitation until the 

prize is claimed or the offer is withdrawn. 

The agreement includes a provision that establishes terms and 

conditions for the transfer of funds. 

The agreement includes a provision that allows the transfer of 

balances under previous appropriations account structures to the 

new appropriations account structure. 

The agreement includes a provision related to the expenditure 

of interest earned from balances in the Endeavor Teacher Fellowship Trust Fund. 

The agreement includes a provision permitting NASA to accept 

in-kind consideration as part of the Enhanced Use Lease program 

under specified circumstances. NASA is directed to include in its 

annual budget justification a description of any in-kind consideration accepted and an estimate of the market value of that consideration. 

The agreement includes a provision that subjects the NASA 

spending plan and specified changes to that spending plan to reprogramming procedures under section 505 of this Act. 

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

The conference agreement includes $5,719,000,000 for Research and Related Activities (R&RA). 

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tions or terminations where appropriate. Such proposals provide a 

more fiscally sustainable way to support new or expanded programs. Accordingly, the conference agreement incorporates all of 

NSF’s R&RA termination and reduction proposals except for the requested reduction to the radio astronomy program. 

By accepting NSF’s proposal to eliminate funding for the Deep 

Underground Science and Engineering Laboratory (DUSEL), the 

conference agreement completes a multi-year phase-out of NSF involvement in this project. NSF is directed to report to the Committees on Appropriations about future efforts or commitments, if any, 

to collaborate with the Department of Energy on a deep underground lab. 

Advanced manufacturing.—The conference agreement adopts, 

by reference, language in the House report regarding advanced 

manufacturing. 

Neuroscience.—NSF is uniquely positioned to advance the nonmedical aspects of cognitive sciences and neurosciences, particularly through interdisciplinary science, computational models, visualization techniques, innovative technologies, and the underlying 

data and data infrastructure needed to transform our understanding of these areas, and the conferees encourage NSF to sustain and expand its investments in these areas. In addition, to better focus the agency’s efforts and guide future budget submissions, 

NSF is encouraged to establish a cognitive sciences and neurosciences crosscutting theme. The conferees note that language is included under the OSTP heading encouraging OSTP to establish a 

NSTC working group to coordinate Federal investments in neuroscience research. 

Giant Segmented Mirror Telescope (GSMT).—The direction in 

this section is provided in lieu of any language in the Senate report 

relating to the GSMT program. NSF has decided to proceed with 

the selection of a viable GSMT project, consistent with the National 

Research Council’s (NRC) 2010 astronomy and astrophysics decadal 

survey recommendations. The conferees expect that this selection 

will be made expeditiously and utilize a fully competitive process, 

with a solicitation issued no later than the end of calendar year 

2011 and a result announced no later than July 31, 2012. 

Cybersecurity research.—The conference agreement adopts, by 

reference, language from the Senate report regarding cybersecurity 

research. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

The conference agreement includes $167,055,000 for Major Research Equipment and Facilities Construction (MREFC). 

Project priorities.—With the MREFC funding provided either 

directly or via potential transfer from the R&RA account, NSF will 

be able to achieve significant progress on its current portfolio of 

construction projects, but some prioritization of funds will still be 

necessary. The conferees expect that NSF will dedicate funds first 

to the completion of projects that are already in the final stages of 

construction, with remaining funds allocated to projects in earlier 

phases of development. 

Project funding profiles.—NSF should promptly review its current portfolio of MREFC projects and their outyear funding profiles 


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to ensure they are consistent with fiscal year 2011 and 2012 appropriations. If adjustments to the portfolio in either of those fiscal 

years will necessitate a revision of the outyear funding profiles for 

any current or planned project, NSF is directed to immediately report the revised profiles to the Committees on Appropriations and 

to include the new profiles in the fiscal year 2013 budget request. 

Construction funding management.—The conferees remain concerned about how NSF and its grantees are defining, estimating 

and managing construction funding, particularly contingency funds. 

Stronger management and oversight of these funds could result in 

improved project efficiencies and, ultimately, cost savings. NSF is 

directed to report to the Committees on Appropriations on the 

steps it is taking to impose tighter controls on the drawdown and 

use of contingencies, as well as steps intended to incentivize grantees to complete construction under budget, for projects managed 

through the MREFC appropriation and for other large facility 

projects. This report should be submitted no later than 90 days 

after the enactment of this Act. 

EDUCATION AND HUMAN RESOURCES

The conference agreement includes $829,000,000 for Education 

and Human Resources (EHR). 

Program changes.—In parallel with terminations and reductions proposed in the R&RA account, NSF has proposed a number 

of program reductions or terminations within EHR. For the most 

part, these cuts were proposed not due to any dissatisfaction with 

the programs in question but rather because NSF would prefer to 

implement new initiatives. The conferees have no objection to this 

approach, with the exception of the proposed reductions to the Robert Noyce Scholarship Program and the Math and Science Partnership program. The conferees do not believe that those cuts are warranted solely to make room for new activities. 

Broadening Participation at the Core.—The conference agreement adopts, by reference, language from the House report regarding funding levels for the existing Broadening Participation at the 

Core programs. 

Best practices in K–12 STEM education.—NSF is encouraged to 

find more effective mechanisms for disseminating the results of its 

education research to the K–12 STEM education community. Such 

mechanisms could include partnerships with nonprofits and professional associations, Webinars, newsletters and workshops, drawing 

when possible on the resources of existing networks. 

In particular, NSF is directed to ensure that the NRC report 

entitled Successful K–12 STEM Education: Identifying Effective Approaches in Science, Technology, Engineering, and Mathematics is 

widely distributed within the educational and scientific communities. In addition, NSF is directed to begin work to identify methods for tracking and evaluating the implementation of the recommendations in the NRC’s report. NSF and its collaborators 

should provide an evaluation plan to the Committees on Appropriations within 12 months of the enactment of this Act that describes 

these methods and recommends the necessary steps that should be 

taken by NSF and other Federal agencies to implement that plan. 


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Within the amounts available in this account, up to $500,000 

should be used for the formulation of the evaluation plan. 

Hispanic Serving Institutions.—The conference agreement 

adopts, by reference, language from the House report on Hispanic 

Serving Institutions. 

Federal Cyber Service: Scholarships for Service.—The conferees 

adopt the Senate recommendation to expand the Federal Cyber 

Service: Scholarships for Service program. The agreement provides 

$45,000,000 for this program, which is $20,000,000 above the requested level. 

AGENCY OPERATIONS AND AWARD MANAGEMENT

The conference agreement includes $299,400,000 for Agency 

Operations and Award Management. 

OFFICE OF THE NATIONAL SCIENCE BOARD

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

Science Board. 

OFFICE OF INSPECTOR GENERAL

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

ADMINISTRATIVE PROVISION

The conference agreement includes a provision that establishes 

terms and conditions for the transfer of funds. 

TITLE IV 

RELATED AGENCIES 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $9,193,000 for the Commission on Civil Rights. 

Improving oversight.—For fiscal year 2012, the conference 

agreement establishes an inspector general (IG) function for the 

Commission on Civil Rights and provides that the function will be 

carried out by the individual holding the position of IG at the Government Accountability Office (GAO). The IG is tasked with the duties and responsibilities specified in the Inspector General Act of 

1978, including conducting audits and reviews of Commission programs, finances and personnel. The conference agreement provides 

funding for these operations, in the amount of $250,000, by direct 

transfer to the Office of Inspector General of the GAO. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $360,000,000 for the Equal 

Employment Opportunity Commission (EEOC). The conference 

agreement directs that $29,500,000 shall be available for payments 


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to State and local enforcement agencies to ensure that the EEOC 

provides adequate resources to its State and local partners. 

Backlog reduction.—In order to advance EEOC’s backlog reduction goals, the conferees expect the EEOC to prioritize efforts both 

to address the inventory of private sector charges, such as through 

hiring or backfilling positions of frontline mission critical staff, and 

to examine new ways to address the backlog and increase productivity. 

To assist in the monitoring of EEOC’s hiring progress, the conferees direct the EEOC to continue submitting quarterly staffing 

reports, consistent with the direction provided in the statement accompanying Public Law 111–117. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $80,000,000 for the International Trade Commission (ITC). 

The conferees adopt by reference House report language regarding internal control, financial management and information 

technology security weaknesses and direct the ITC to submit a report to the Committees on Appropriations not later than 120 days 

after enactment of this Act. 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

The conference agreement includes $348,000,000 for the Legal 

Services Corporation (LSC). 

Pro bono legal services.—The conferees are pleased that LSC 

launched a pro bono task force in 2011 and urge the LSC to implement the recommendations of this task force as it continues to 

work with LSC-funded programs to adopt measures aimed at increasing the involvement of private attorneys in the delivery of 

legal services to its clients. 

Legal aid fellowships.—The conferees understand that LSC is 

considering a proposal to create a fellowship program for retirees 

or recent law school graduates who will commit to working in legal 

aid for a designated period of time. The conferees direct LSC to 

conduct a study of this proposal in order to further develop how 

such a fellowship program would work and how much it would cost 

to implement. LSC shall report to the Committees on Appropriations with the results of that study not later than 120 days after 

the enactment of this Act. 

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

Unauthorized uses of funds.—The conferees encourage the Inspector General of the LSC to conduct annual audits of LSC grantees to ensure that funds are not being used in contravention of the 

restrictions on engaging in political activities or any of the other 

restrictions by which LSC grantees are required to abide. The conferees also recommend the removal of funds from any LSC grantee 

determined by the Inspector General to have engaged in political 

activity. 


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MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

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

Mammal Commission. 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

The conference agreement includes $51,251,000 for the Office 

of the U.S. Trade Representative (USTR). The conferees expect that 

funds provided will be used to vigorously enforce existing trade 

agreements. 

Monitoring and enforcement.—The conferees direct the USTR, 

from funds provided in this Act, to hire no less than four additional 

staff for the office of the Assistant USTR for Monitoring and Enforcement. These staff, who shall be fluent in Chinese, shall monitor and enforce China’s compliance with its WTO obligations and 

assist in early stage identification and review of Chinese measures 

arising out of its Five Year Plans. 

Responsiveness.—The conferees note that the USTR Office of 

Legislative Affairs does not respond in a timely manner to requests 

for information from the Committees on Appropriations. Indifference shown by USTR Legislative Affairs in providing yearly budget 

justifications or in responding to information requests hampers the 

ability of the Congress to evaluate proposals and conduct oversight. 

Accordingly, the conferees direct the USTR to submit its detailed 

fiscal year 2013 budget request to the Committees on Appropriations not later than two days after the President’s fiscal year 2013 

budget request is submitted. 

Critical vacancies.—The conferees adopt by reference House report language regarding a report on critical vacancies and direct 

the USTR to provide a report to the Committees on Appropriations 

not later than 60 days after enactment of this Act. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

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

Justice Institute. 

TITLE V—GENERAL PROVISIONS 

(INCLUDING RESCISSIONS)

The conference agreement includes the following general provisions: 

Section 501 prohibits the use of funds for publicity or propaganda purposes unless expressly authorized by law. 

Section 502 prohibits any appropriation contained in this Act 

from remaining available for obligation beyond the current fiscal 

year unless expressly provided. 

Section 503 provides that the expenditure of any appropriation 

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penditures are a matter of public record and available for public inspection, except where otherwise provided under existing law or existing Executive Order issued pursuant to existing law. 

Section 504 provides that if any provision of this Act or the application of such provision to any person or circumstance shall be 

held invalid, the remainder of the Act and the application of other 

provisions shall not be affected. 

Section 505 prohibits a reprogramming of funds that: (1) creates or initiates a new program, project or activity; (2) eliminates 

a program, project, or activity; (3) increases funds or personnel by 

any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employee; (5) reorganizes or renames offices, programs or activities; (6) contracts out or 

privatizes any function or activity presently performed by Federal 

employees; (7) augments funds for existing programs, projects or 

activities in excess of $500,000 or 10 percent, whichever is less, or 

reduces by 10 percent funding for any existing program, project, or 

activity, or numbers of personnel by 10 percent; or (8) results from 

any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by Congress; unless the House and 

Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. 

Section 506 permanently prohibits funds from being used to 

implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission covering harassment based on 

religion similar to proposed guidelines published by the EEOC in 

October 1993. 

Section 507 provides that if it is determined that any person 

intentionally affixes a ‘‘Made in America’’ label to any product that 

was not made in America, that person shall not be eligible to receive any contract or subcontract with funds made available in this 

Act. The section further provides that to the extent practicable, 

with respect to purchases of promotional items, funds made available under this Act shall be used to purchase items manufactured, 

produced or assembled in the United States or its territories or possessions. 

Section 508 requires quarterly reporting to Congress on the 

status of balances of appropriations. 

Section 509 provides that any costs incurred by a department 

or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions in the Act 

shall be absorbed with the budgetary resources available to the department or agency, and provides transfer authority between appropriation accounts to carry out this provision, subject to reprogramming procedures. 

Section 510 prohibits funds made available in this Act from 

being used to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal of foreign restrictions on 

the marketing of tobacco products, except for restrictions which are 

not applied equally to all tobacco or tobacco products of the same 

type. This provision is not intended to impact routine international 

trade services to all U.S. citizens, including the processing of applications to establish foreign trade zones. 


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Section 511 permanently prohibits funds from being used to 

implement a Federal user fee for background checks conducted pursuant to the Brady Handgun Control Act of 1993, and to implement 

a background check system that does not require and result in the 

destruction of certain information within 24 hours. 

Section 512 delays the obligations of any receipts deposited into the Crime Victims Fund in excess of $705,000,000 until the 

following fiscal year. This language is continued to ensure a stable 

source of funds will remain available for the program, despite inconsistent levels of criminal fines deposited annually into the Fund. 

Section 513 prohibits the use of Department of Justice funds 

for programs that discriminate against or denigrate the religious or 

moral beliefs of students participating in such programs. 

Section 514 prohibits the transfer of funds in the Act to any 

department, agency or instrumentality of the United States Government, except for transfers made by, or pursuant to authorities 

provided in, this Act or any other appropriations Act. 

Section 515 provides that funds provided for E-Government 

Initiatives shall be subject to the procedures set forth in section 

505 of this Act. 

Section 516 requires the Bureau of Alcohol, Tobacco, Firearms 

and Explosives to include specific language in any release of tracing study data that makes clear that trace data cannot be used to 

draw broad conclusions about firearms-related crimes. 

Section 517 requires certain timetables of audits performed by 

Inspectors General of the Departments of Commerce and Justice, 

the National Aeronautics and Space Administration, the National 

Science Foundation, and the Legal Services Corporation and sets 

limits and restrictions on the awarding and use of grants or contracts funded by amounts appropriated by this Act. 

Section 518 prohibits funds for information technology acquisitions unless the acquiring department or agency has assessed the 

risk of cyber-espionage or sabotage. Each department or agency 

covered under section 518 shall submit a quarterly report to the 

Committees on Appropriations of the House and the Senate describing assessments made pursuant to this section and any associated findings or determinations of risk. 

Section 519 prohibits the use of funds in this Act to support 

or justify the use of torture by any official or contract employee of 

the United States Government. 

Section 520 prohibits the use of funds in this Act to require 

certain export licenses. 

Section 521 prohibits the use of funds in this Act to deny certain import applications regarding ‘‘curios or relics’’ firearms, parts, 

or ammunition. 

Section 522 prohibits the use of funds to include certain language in trade agreements. 

Section 523 prohibits the use of funds in this Act to authorize 

or issue a National Security Letter (NSL) in contravention of certain laws authorizing the Federal Bureau of Investigation to issue 

NSLs. 

Section 524 requires congressional notification for any project 

within the Departments of Commerce or Justice, the National 

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istration totaling more than $75,000,000 that has cost increases of 

at least 10 percent. 

Section 525 deems funds for intelligence or intelligence-related 

activities as authorized by the Congress until the enactment of the 

Intelligence Authorization Act for fiscal year 2012. 

Section 526 requires the departments and agencies funded in 

this Act to establish and maintain on the homepages of their Internet websites direct links to the Internet websites of their Offices 

of Inspectors General, and a mechanism by which individuals may 

anonymously report cases of waste, fraud or abuse. 

Section 527 prohibits contracts or grant awards in excess of 

$5,000,000 unless the prospective contractor or grantee certifies 

that the organization has filed all Federal tax returns, has not 

been convicted of a criminal offense under the IRS Code of 1986, 

and has no unpaid Federal tax assessment. 

(RESCISSIONS)

Section 528 provides for rescissions of unobligated balances in 

certain departments and agencies funded in this Act. With respect 

to rescissions of unobligated balances from the Office on Violence 

Against Women, the Office of Justice Programs and the Office of 

Community Oriented Policing Services, the conferees expect that 

rescissions will be from grant deobligations and recoveries. 

Section 529 prohibits the use of funds in this Act in a manner 

that is inconsistent with the principal negotiating objective of the 

United States with respect to trade remedy laws. 

Section 530 prohibits the use of funds in this Act for the purchase of first class or premium air travel. 

Section 531 prohibits the use of funds to pay for the attendance of more than 50 department or agency employees at any single conference outside the United States, unless the conference is 

a law enforcement training or operational event where the majority 

of Federal attendees are law enforcement personnel stationed outside the United States. 

Section 532 includes language regarding detainees held at 

Guantanamo Bay. 

Section 533 includes language regarding facilities for housing 

detainees held at Guantanamo Bay. 

Section 534 prohibits the distribution of funds contained in 

this Act to the Association of Community Organizations for Reform 

Now or its subsidiaries. 

Section 535 includes language regarding the purchase of light 

bulbs. 

Section 536 requires any department, agency or instrumentality of the United States Government receiving funds appropriated under this Act to track and report on undisbursed balances 

in expired grant accounts. 

Section 537 prohibits the use of funds to relocate the Bureau 

of the Census or employees from the Department of Commerce to 

the jurisdiction of the Executive Office of the President. 

Section 538 requires the Departments of Commerce and Justice, the National Aeronautics and Space Administration, and the 

National Science Foundation to submit spending plans. 


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Section 539 prohibits the use of funds by the National Aeronautics and Space Administration or the Office of Science and 

Technology Policy to engage in bilateral activities with China or a 

Chinese-owned company unless the activities are authorized by 

subsequent legislation or NASA or OSTP have made a certification 

pursuant to subsections (c) and (d) of this section. 

Section 540 specifies reporting requirements for certain conferences held by any department, agency, board or commission 

funded by this Act. 

Section 541 prohibits funds made available by this Act from 

being used to deny the importation of shotgun models if no application for the importation of such models, in the same configuration, 

had been denied prior to January 1, 2011, on the basis that the 

shotgun was not particularly suitable for or readily adaptable to 

sporting purposes. 

Section 542 prohibits the use of funds to establish or maintain 

a computer network that does not block pornography, except for 

law enforcement purposes. 

Section 543 prohibits funds made available by this Act from 

being used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, make a grant to, or provide a loan 

or loan guarantee to, any corporation that was convicted of a felony 

criminal violation under any Federal law within the preceding 24 

months, unless an agency has considered suspension or debarment 

of the corporation and has made a determination that this further 

action is not necessary to protect the interests of the government. 

Section 544 prohibits funds made available by this Act from 

being used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, make a grant to, or provide a loan 

or loan guarantee to, any corporation that has any unpaid Federal 

tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and 

that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, 

unless an agency has considered suspension or debarment of the 

corporation and has made a determination that this further action 

is not necessary to protect the interests of the government. 

Section 545 specifies reporting requirements regarding vehicle 

fleets for all agencies and departments funded by this Act. 

Section 546 prohibits any funds from being used to implement, 

administer, or enforce the ‘‘Wage Methodology for the Temporary 

Non-agricultural Employment H–2B Program’’ prior to January 1, 

2012, to allow time for Congress to address this rulemaking. In 

making prevailing wage determinations for the H–2B nonimmigrant visa program for employment prior to January 1, 2012, 

the conferees direct the Secretary of Labor to continue to apply the 

rule entitled ‘‘Labor Certification Process and Enforcement for 

Temporary Employment in Occupations Other Than Agriculture or 

Registered Nursing in the United States (H–2B Workers), and 

Other Technical Changes’’ published by the Department of Labor 

on December 19, 2008 (73 Fed. Reg. 78020 et seq.). 


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DIVISION C—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2012 

CONGRESSIONAL DIRECTIVES 

The legislative intent in the House and Senate versions in H.R. 

2112 set forth in the accompanying Senate report (S. Rept. 112–93) 

and in the report approved by the House Transportation, Housing 

and Urban Development, and Related Agencies Subcommittee on 

September 8, 2011 should be complied with unless specifically addressed to the contrary in the conference report and the statement 

of the managers. Report language included by the House, which is 

not changed by the report of the Senate or this statement of managers, and Senate report language, which is not changed by this 

statement of managers, is approved by the committee of conference. 

The statement of the managers, while repeating some report language for emphasis, does not intend to negate the language referred to above unless expressly provided herein. In cases where 

the House or the Senate has directed the submission of a report, 

such report is to be submitted to both the House and Senate Committees on Appropriations. The conferees direct the Department of 

Transportation and the Department of Housing and Urban Development to notify the House and Senate Committees on Appropriations seven days prior to the announcement of a new program or 

authority. 

The conferees reiterate direction included in the Senate report 

regarding the definitions of program, project and activity; reductions made pursuant to sequestration; reprogramming guidelines 

and requirements; operating plans; working capital funds; and 

budget justifications. Further, the conferees direct each department 

to include justifications on each administrative and general provision requested in the budget request materials. 

TITLE I—DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

The conference agreement provides $102,481,000 for the salaries and expenses of the Office of the Secretary of Transportation 

as an overall funding level as proposed by the House rather than 

$102,202,000 as proposed by the Senate. The agreement includes 

funding by office as specified below: 

Immediate Office of the Secretary ........................................................ $2,618,000 

Immediate Office of the Deputy Secretary .......................................... 984,000 

Office of the Executive Secretariat ....................................................... 1,595,000 

Office of the Under Secretary for Transportation Policy .................... 10,107,000 

Office of Small and Disadvantaged Business Utilization ................... 1,369,000 

Office of Intelligence, Security, and Emergency Response ................. 10,778,000 

Office of the Chief Information Officer ................................................ 14,988,000 

Office of the General Counsel ............................................................... 19,515,000 

Office of the Assistant Secretary for Governmental Affairs ............... 2,500,000 

Office of the Assistant Secretary for Budget and Programs .............. 10,538,000 

Office of the Assistant Secretary for Administration ......................... 25,469,000 

Office of Public Affairs .......................................................................... 2,020,000 

Office of Workforce Development ......................................................... — 


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The conferees direct the Office of General Counsel to provide 

a continued level of effort to protect airline passengers. 

NATIONAL INFRASTRUCTURE INVESTMENTS

The conference agreement provides $500,000,000 for capital investments in surface transportation infrastructure, instead of 

$550,000,000 as proposed by the Senate. The House did not propose funding for this account. The conferees direct the Secretary to 

focus on road, transit, rail and port projects. No funds are provided 

for planning activities and the Department is limited to 

$20,000,000 for program administration. 

FINANCIAL MANAGEMENT CAPITAL

The conference agreement provides $4,990,000 for the financial 

management capital program as proposed by the Senate, instead of 

$5,000,000 as proposed by the House. 

CYBER SECURITY INITIATIVES

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

OFFICE OF CIVIL RIGHTS

The conference agreement provides $9,384,000 for the office of 

civil rights as proposed by the House, instead of $9,648,000 as proposed by the Senate. 

TRANSPORTATION PLANNING, RESEARCH AND DEVELOPMENT

The conference agreement provides $9,000,000 for transportation planning, research and development as proposed by the 

House and Senate. The conferees agree to provide not more than 

$1,000,000 to do a complete study authorized in Section 9007 of 

Public Law 109–59. 

WORKING CAPITAL FUND

The conference agreement includes a limitation of 

$172,000,000 for working capital fund activities, rather than 

$147,596,000 as proposed by the House and the Senate. The conferees include language allowing for the transfer of funds to the 

Working Capital Fund upon a majority approval of the Working 

Capital Fund Steering Committee. 

MINORITY BUSINESS RESOURCE CENTER PROGRAM

The conference agreement provides a total appropriation of 

$922,000 as proposed by the House for the minority business resource center program, instead of $921,000 as proposed by the Senate. Within the funds provided $333,000 is for the costs of guaranteed loans for short-term working capital and $589,000 is provided 

for administrative expenses. The bill limits loans made under this 

program to $18,367,000 as proposed by the House and Senate. 


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MINORITY BUSINESS OUTREACH

The conference agreement provides $3,068,000 for minority 

business outreach as proposed by the House and Senate. 

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $143,000,000 for payments 

to air carriers as proposed by the Senate instead of $100,000,000 

as proposed by the House. In addition to these funds, the program 

will receive $50,000,000 in mandatory spending pursuant to the 

Federal Aviation Authorization Act of 1996. The agreement includes language, as proposed by the Senate, that would limit funds 

to communities that received subsidy or received a 90-day notice of 

intent to terminate service and the Secretary required the air carrier to continue providing service any time between September 30, 

2010, and September 30, 2011. The conference agreement also includes language to direct the Secretary to transfer such sums as 

may be necessary from the Office of the Secretary if funding is insufficient to meet the costs of the program. 

ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF

TRANSPORTATION

Section 101 prohibits funds in this Act available to the Department of Transportation from being obligated for the Office of the 

Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date 

of enactment of this Act, unless such assessments or agreements 

have completed the normal reprogramming process for Congressional notification. 

Section 102 allows the Secretary of Transportation or his designee to engage with states to consider proposals related to the reduction of motorcycle fatalities. 

Section 103 prohibits funds from being obligated or expended 

to establish or implement a program where essential air service 

communities are required to assume subsidy costs commonly referred to as local participation. 

Section 104 authorizes the Department of Transportation to 

provide payments in advance to vendors for the Federal transit 

pass fringe benefit program. 

Section 105 requires the Secretary of Transportation to post on 

the DOT website a schedule and an agenda of all Credit Council 

meetings. The conferees direct the Department to maintain records 

of the factors and criteria leading to funding determinations on applications. 

Section 106 rescinds unobligated balances made available by 

section 185 of Public Law 109–115. 


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FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement includes $9,653,395,000 for operations of the Federal Aviation Administration instead of 

$9,673,962,000 as proposed by the House and $9,635,710,000 as 

proposed by the Senate. Of the total amount provided, 

$5,060,694,000 is to be derived from the airport and airway trust 

fund. Funds are distributed in the bill by budget activity. The Conference agreement includes all Operations base transfers requested 

in the budget, and the conferees expect that FAA’s fiscal year 2013 

budget will provide the same level of detail on the offices within 

the new Finance and Management organization as in previous 

years. In addition, the conferees direct that FAA move the Office 

of Audit and Evaluation (AAE) from within Office of the Chief 

Counsel (AGC) and realign it as an independent Staff Office reporting directly to the FAA Administrator. 

The following table compares the conference agreement to the 

levels proposed in the House and Senate bills by budget activity, 

pursuant to the reorganizational reprogramming activity approved 

by the Committees in September: 

[Dollars in thousands] 

Program House Senate Conference 

Agreement 

Air Traffic Organization ............................................................ 7,618,352 7,560,815 7,442,738 

Aviation Safety .......................................................................... 1,250,514 1,253,381 1,252,991 

Commercial Space .................................................................... 13,000 15,005 16,271 

Finance and Management ........................................................ .............................. .............................. 582,117 

NextGen ..................................................................................... .............................. .............................. 60,134 

Human Resources ..................................................................... 99,005 98,858 98,858 

Staff Offices .............................................................................. 186,347 207,065 200,286 

Conference Total .............................................................. .............................. .............................. 9,653,395 

Justification of general provisions.—The conference agreement 

directs the FAA to provide a justification for each general provision 

proposed in the fiscal year 2013 budget. 

Air Traffic Controller Optimum Training Solution 

(ATCOTS).—The conference agreement directs the FAA to report 

back within 60 days on modifications to the ATCOTS program that 

will accommodate training for all required new controllers and facilitate modern learning principles. 

Workforce diversity.—The conferees direct FAA to continue to 

provide a report detailing data and information on the agency’s recruitment outreach and hiring efforts in minority communities. The 

letter report should also include a year-to-year comparison of hiring 

statistics and shall be submitted to the House and Senate Appropriations Committees by January 15, 2012. 

En Route Automation Modernization (ERAM) Operations funding.—The conference agreement provides no additional funding for 

ERAM related cost increases and directs the FAA to pay for all 

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ment account until operational readiness is achieved at Salt Lake 

or Seattle Center, consistent with prior program management practice. 

Aviation safety (AVS).—The conference agreement provides $1,252,991,000 for aviation safety, which includes an increase of 35 

additional flight standards inspectors and related safety staff and 

20 aircraft certification personnel. 

Special use airspace of unmanned aerial system (UAS).—The 

conferees direct FAA to provide a progress report to the House and 

Senate Appropriations Committees, no later than 60 days after enactment, which describes and assesses the establishment of special 

use airspace to fill defense research needs related to UASs, particularly in the development of detection techniques for small unmanned aerial vehicles. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement includes $2,730,731,000 for FAA facilities and equipment instead of $2,798,250,000 as proposed by the 

House and $2,630,731,000 as proposed by the Senate. Of the total 

amount available, $475,000,000 is available until September 30, 

2012, and $2,255,731,000 is available until September 30, 2014. 

The bill includes language directing FAA to transmit a detailed 

five-year capital investment plan to Congress with its fiscal year 

2013 budget submission. 

The following table provides a breakdown of the House and 

Senate bills and the conference agreement by program: 

House Bill Senate Bill Conference 

Activity 1, Engineering, Development, Test and Evaluation: 

Advanced Technology Development and Prototyping ...... $31,900,000 $24,000,000 $29,000,000 

NAS Improvement of System Support Laboratory ............ 1,000,000 1,000,000 1,000,000 

William J. Hughes Technical Center Facilities ................ 15,000,000 14,000,000 14,000,000 

William J. Hughes Technical Center Infrastructure 

Sustainment ................................................................ 7,500,000 7,500,000 7,500,000 

Next Generation Network Enabled Weather (NNEW) ........ 0 18,000,000 0 

Data Communications in support of Next Generation Air 

Transportation System ................................................. 143,000,000 109,000,000 143,000,000 

Next Generation Transportation System Demonstration 

and Infrastructure Development ................................. 16,900,000 15,000,000 15,000,000 

Next Generation Transportation System—System Development ......................................................................... 90,000,000 70,000,000 85,000,000 

Next Generation Transportation System—Trajectory 

Based Operations ........................................................ 9,300,000 7,000,000 7,000,000 

Next Generation Transportation System—Weather Reduction Impact ............................................................ 15,600,000 10,000,000 15,600,000 

Next Generation Transportation System—High Density 

Arrivals/Departures ...................................................... 14,300,000 10,000,000 12,000,000 

Next Generation Transportation System—Collaborative 

ATM .............................................................................. 28,000,000 22,000,000 24,000,000 

Next Generation Transportation System—Flexible Terminals and Airports ........................................................ 36,300,000 32,000,000 33,300,000 

Next Generation Transportation System—Safety Security 

and Environment ......................................................... 0 0 0 

Next Generation Transportation System—Networked Facilities .......................................................................... 9,000,000 5,000,000 5,000,000 

Next Generation Air transportation System—Future Facilities .......................................................................... 19,500,000 10,000,000 15,000,000 

Joint Planning and Development Office (JPDO) .............. 0 3,000,000 0 


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House Bill Senate Bill Conference 

Performance Based Navigation ....................................... 29,200,000 26,200,000 29,200,000 

Total, Activity 1 ....................................................... 466,500,000 383,700,000 435,600,000 

Activity 2, Air Traffic Control Facilities and Equipment: 

En Route Programs: 

En Route Automation Modernization (ERAM) .................. 148,000,000 148,500,000 155,000,000 

En Route Automation Modernization (ERAM)—PER3 ...... 0 3,356,000 0 

En Route Communications Gateway (ECG) ..................... 2,000,000 2,000,000 2,000,000 

Next Generation Weather Radar (NEXRAD)—Provide ...... 2,800,000 2,800,000 2,800,000 

Air Traffic Control System Command Center 

(ATCSCC)—Relocation ................................................ 3,600,000 3,600,000 3,600,000 

ARTCC Building Improvements/Plant Improvements ...... 46,000,000 36,000,000 41,000,000 

Air Traffic Management (ATM) ........................................ 7,500,000 7,500,000 7,500,000 

Air/Ground Communications Infrastructure ..................... 4,800,000 4,800,000 4,800,000 

Air Traffic Control En Route Radar Facilities Improvements ........................................................................... 5,800,000 5,800,000 5,800,000 

Voice Switching and Control System (VSCS) .................. 1,000,000 1,000,000 1,000,000 

Oceanic Automation System ............................................ 6,000,000 4,000,000 4,000,000 

Next Generation Very High Frequency Air/Ground Communications System (NEXCOM) ................................... 45,150,000 45,150,000 45,150,000 

System-Wide Information Management (SWIM) .............. 66,350,000 66,350,000 66,350,000 

ADS–B NAS Wide Implementation ................................... 285,100,000 285,100,000 285,100,000 

Windshear Detection Services .......................................... 1,000,000 1,000,000 1,000,000 

Weather and Radar Processor (WARP) ............................ 2,500,000 2,500,000 2,500,000 

Collaborative Air Traffic Management Technologies ....... 41,500,000 41,500,000 41,500,000 

Colorado Wide Area Multilateration (WAM) ..................... 3,800,000 3,800,000 3,800,000 

Automated Terminal Information Service (ATIS) ............. 1,000,000 1,000,000 1,000,000 

Time-Based Flow Management (TBFM) ........................... 38,700,000 38,700,000 38,700,000 

Subtotal En Route Programs .................................. 712,600,000 704,456,000 712,600,000 

Terminal Programs: 

Airport Surface Detection Equipment—Model X (ASDE– 

X) ................................................................................. 2,200,000 2,200,000 2,200,000 

Terminal Doppler Weather Radar (TDWR) ....................... 7,700,000 6,000,000 7,700,000 

Standard Terminal Automation Replacement System 

(STARS) (TAMR Phase 1) ............................................. 25,000,000 25,000,000 25,000,000 

Terminal Automation Modernization/Replacement Program (TAMR Phase 3) ................................................. 108,750,000 98,750,000 108,750,000 

Terminal Automation Program ......................................... 2,500,000 2,500,000 2,500,000 

Terminal Air Traffic Control Facilities—Replace ............ 51,600,000 51,600,000 51,600,000 

ATCT/Terminal Radar Approach Control (TRACON) Facilities—Improve ......................................................... 56,900,000 45,000,000 52,000,000 

Terminal Voice Switch Replacement (TVSR) ................... 10,000,000 8,000,000 8,000,000 

NAS Facilities OSHA and Environmental Standards 

Compliance .................................................................. 26,000,000 20,000,000 24,600,000 

Airport Surveillance Radar (ASR–9) ................................ 6,000,000 6,000,000 6,000,000 

Terminal Digital Radar (ASR–11) .................................... 3,900,000 3,900,000 3,900,000 

Runway Status Lights ...................................................... 29,800,000 20,000,000 29,800,000 

National Airspace System Voice Switch (NVS) ................ 19,800,000 9,000,000 9,000,000 

Integrated Display System (IDS) ...................................... 8,800,000 8,800,000 8,800,000 

Remote Maintenance and Logging System (RMLS) ........ 4,200,000 4,200,000 4,200,000 

ASR–8 Service Life Extension Program (SLEP) ............... 0 0 0 

Mode S Service Life Extension Program (SLEP) .............. 4,000,000 4,000,000 4,000,000 

Subtotal Terminal Programs ................................... 367,150,000 314,950,000 348,050,000 

Flight Service Programs: 

Automated Surface Observing System (ASOS) ................ 2,500,000 2,500,000 2,500,000 

Flight Service Station (FSS) Modernization—Alaska 

Flight Service Modernization (AFSM) ........................... 4,500,000 4,500,000 4,500,000 

Weather Camera Program ................................................ 1,500,000 4,800,000 4,800,000 

Subtotal Flight Service Programs ........................... 8,500,000 11,800,000 11,800,000 

Landing and Navigational Aids Program: 

VHF Omnidirectional Radio Range (VOR) with Distance 

Measuring Equipment (DME) ...................................... 5,000,000 5,000,000 5,000,000 


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House Bill Senate Bill Conference 

Instrument Landing System (ILS)—Establish ................. 5,000,000 5,000,000 5,000,000 

Wide Area Augmentation System (WAAS) for GPS .......... 85,000,000 110,000,000 95,000,000 

Runway Visual Range (RVR) ........................................... 5,000,000 5,000,000 5,000,000 

Approach Lighting System Improvement Program 

(ALSIP) ......................................................................... 5,000,000 5,000,000 5,000,000 

Distance Measuring Equipment (DME) ............................ 5,000,000 5,000,000 5,000,000 

Visual NAVAIDS—Establish/Expand ................................ 3,400,000 3,400,000 3,400,000 

Instrument Flight Procudures Automation (IFPA) ............ 2,200,000 2,200,000 2,200,000 

Navigation and Landing Aids—Service Life Extension 

Program (SLEP) ........................................................... 6,000,000 7,000,000 7,000,000 

VASI Replacement—Replace with Precision Approach 

Path Indicator .............................................................. 7,000,000 8,000,000 8,000,000 

GPS Civil Requirements ................................................... 19,000,000 36,000,000 19,000,000 

Runway Safety Areas—Navigational Mitigation ............. 25,000,000 25,000,000 25,000,000 

Subtotal Landing and Navigational Aids Programs 172,600,000 214,600,000 184,600,000 

Other ATC Facilities Programs: 

Fuel Storage Tank Replacement and Monitoring ............ 6,400,000 4,400,000 5,400,000 

Unstaffed Infrastructure Sustainment ............................. 18,000,000 15,000,000 18,000,000 

Aircraft Related Equipment Program .............................. 11,700,000 11,700,000 11,700,000 

Airport Cable Loop Systems—Sustained Support ........... 5,000,000 5,000,000 5,000,000 

Alaskan Satellite telecommunications Infrastructure 

(ASTI) ........................................................................... 16,000,000 15,500,000 15,500,000 

Facilities Decommissioning ............................................. 5,000,000 5,000,000 5,000,000 

Electrical Power Systems—Sustain/Support ................... 85,600,000 68,000,000 77,581,000 

Aircraft Fleet Modernization ............................................. 9,000,000 6,000,000 9,000,000 

FAA employee housing and Life Safety Shelter System 

Service ......................................................................... 2,500,000 2,500,000 2,500,000 

Subtotal Other ATC Facilities Programs ................. 159,200,000 133,100,000 149,681,000 

Total, Activity 2 .............................................. 1,420,050,000 1,378,906,000 1,406,731,000 

Activity 3, Non-Air Traffic Control Facilities and Equipment: 

Support Equipment: 

Hazardous Materials Management .................................. 20,000,000 20,000,000 20,000,000 

Aviation Safety Analysis System (ASAS) .......................... 30,100,000 30,100,000 30,100,000 

Logistics Support System and Facilities (LSSF) .............. 10,000,000 10,000,000 10,000,000 

National Airspace System Recovery Communications 

(RCOM) ........................................................................ 12,000,000 12,000,000 12,000,000 

Facility Security Risk Management ................................. 18,000,000 16,000,000 16,000,000 

Information Security ......................................................... 17,000,000 15,000,000 15,200,000 

System Approach for Safety Oversight ............................ 23,600,000 23,600,000 23,600,000 

Aviation Safety Knowledge Management Environment 

(ASKME) ....................................................................... 17,200,000 17,200,000 17,200,000 

Data Center Operations ................................................... 1,000,000 0 1,000,000 

Aerospace Medical System Support ................................. 12,000,000 10,000,000 10,000,000 

Subtotal Support Equipment .................................. 160,900,000 153,900,000 155,100,000 

Training, Equipment and Facilities: 

Aeronautical Center Infrastructure Modernization ........... 18,000,000 15,000,000 16,500,000 

Distance Learning ............................................................ 1,500,000 1,500,000 1,500,000 

National Airspace System (NAS) Training—Simulator ... .............................. .............................. ..............................

Subtotal Training, Equipment and Facilities ......... 19,500,000 16,500,000 18,000,000 

Total, Activity 3 .............................................. 180,400,000 170,400,000 173,100,000 

Activity 4, Facilities and Equipment Mission Support: 

System Support and Services: 

System Engineering and Development Support .............. 32,900,000 28,500,000 32,900,000 

Program Support Leases .................................................. 41,700,000 40,000,000 40,000,000 

Logistics Support Services (LSS) ..................................... 11,700,000 10,100,000 11,700,000 

Mike Monroney Aeronautical Center Leases .................... 17,000,000 17,000,000 17,000,000 

Transition Engineering Support ....................................... 13,000,000 11,300,000 13,000,000 


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House Bill Senate Bill Conference 

Technical Support Services Contract (TSSC) ................... 22,000,000 19,100,000 22,000,000 

Resource Tracking Program (RTP) ................................... 4,000,000 4,000,000 4,000,000 

Center for Advanced Aviation System Development 

(CAASD) ....................................................................... 80,800,000 71,000,000 78,000,000 

Aeronautical Information Management Program ............. 26,300,000 20,224,000 20,200,000 

Permanent Change of Station (PCS) Moves .................... 2,500,000 2,500,000 1,500,000 

Total, Activity 4 ....................................................... 251,900,000 223,724,000 240,300,000 

Activity 5, Personnel and Related Expenses: 

Personnel and Related Expenses— ................................ 480,000,000 474,000,000 475,000,000 

Total, All Activities .................................................. 2,798,850,000 2,630,730,000 2,730,731,000 

Performance Based Navigation.—The conference agreement provides $29,200,000 for Performance Based Navigation, as proposed by the House. The agreement provides $3,000,000 over the 

request for a demonstration project to utilize third parties to design, deploy and maintain public use Required Navigation Performance (RNP) procedures at five mid-sized airports where aircraft flying RNP arrivals would achieve measurable benefit. 

System-wide information management system (SWIM).—The 

conference agreement includes $66,350,000 for the SWIM program. 

The conferees direct FAA to provide a progress report to the House 

and Senate Committees on Appropriations by February 15, 2012 on 

FAA’s development and deployment of Segment 1 capabilities and 

the expected requirements, development and deployment of Segment 2. 

Navigation and landing aids-service life extension program 

(SLEP).—The conference agreement includes $7,000,000 for naviga- tion and landing aids. Within the amount provided, $1,000,000 is 

for the procurement and installation of additional runway end 

identification light (REIL) systems. 

VASI replacement-replace with precision approach path indicator.—The conference agreement includes $8,000,000 for the replacement of VASI systems with Precision Approach Path Indicator 

(PAPI) systems. Within the amount provided, $1,000,000 is for the 

procurement of additional PAPI systems. 

Alternate positioning, navigation and timing (APNT).—The 

conferees understand FAA is conducting a review of APNT capabilities that support communication, navigation, and surveillance 

applications in the event of a loss of Global Navigation Satellite 

Services (GNSS) to ensure that operations are appropriately supported and consistent with the evolution to NextGen. The conferees 

support this review and encourage the FAA to move forward with 

research, development and potential implementation of systems, 

avionics, processes, and procedures that leverage available assets 

to minimize the impact to system capacity and efficiency during periods of GNSS interference. 

RESEARCH, ENGINEERING AND DEVELOPMENT

(AIRPORT AIRWAY TRUST FUND)

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posed by the House and $157,000,000 as proposed by the Senate. 

The following table compares the House and Senate bills with the 

conference agreement by budget activity: 

Program House Bill Senate Bill Conference 

Agreement 

Improve Aviation Safety ............................................................ $94,249,000 $87,775,000 $89,314,000 

Fire research and safety .................................................. 8,157,000 7,158,000 7,158,000 

Propulsion and fuel systems ........................................... 3,611,000 2,300,000 2,300,000 

Advanced materials/structural safety ............................. 2,605,000 2,534,000 2,534,000 

Atmospheric hazards/digital system safety .................... 5,404,000 5,404,000 5,404,000 

Aging aircraft ................................................................... 12,589,000 10,632,000 11,600,000 

Aircraft catastrophic failure prevention .......................... 1,502,000 1,147,000 1,147,000 

Flightdeck safety/systems integration ............................. 6,162,000 6,162,000 6,162,000 

Aviation safety risk analysis ........................................... 10,027,000 10,027,000 10,027,000 

ATC/AF human factors ..................................................... 10,634,000 10,364,000 10,364,000 

Aeromedical research ....................................................... 11,617,000 11,000,000 11,000,000 

Weather research ............................................................. 16,366,000 16,043,000 16,043,000 

Unmanned aircraft system .............................................. 3,504,000 3,504,000 3,504,000 

NextGen Alternative Fuels for General Aviation .............. 2,071,000 1,500,000 2,071,000 

Improve Efficiency of the ATC System ..................................... 33,905,000 28,134,000 34,174,000 

Joint program and development office ............................ 0 6,500,000 5,000,000 

Wake turbulence .............................................................. 10,674,000 9,064,000 10,674,000 

NextGen—Air Ground Integration .................................... 10,545,000 5,303,000 7,000,000 

NextGen—Self Separation ............................................... 3,500,000 5,060,000 3,500,000 

NextGen—Weather Technology in the Cockpit ................ 9,186,000 2,207,000 8,000,000 

Reduce Environmental Impacts ................................................ 41,351,000 35,597,000 38,574,000 

Environment and energy .................................................. 16,351,000 15,074,000 15,074,000 

NextGen Environmental Research—Aircraft Technologies, Fuels and Metrics ........................................ 25,000,000 20,523,000 23,500,000 

Mission Support ........................................................................ 5,495,000 5,494,000 5,494,000 

System planning and resource management .................. 1,718,000 1,717,000 1,717,000 

Technical laboratory facilities ......................................... 3,777,000 3,777,000 3,777,000 

Total ........................................................................ 175,000,000 157,000,000 167,556,000 

NextGen environmental research—aircraft technologies, fuels 

and metrics.—The conference agreement includes $23,500,000 for 

the FAA’s NextGen environmental research aircraft technologies, 

fuels and metrics program. The conferees direct FAA to use funds 

above the budget request to expedite the development of viable alternative fuels that can be used in aircraft and to continue the efforts of FAA’s continuous, lower energy, emissions, and noise program (CLEEN). These additional funds are designated as an item 

of congressional interest and the conferees direct FAA not to reprogram these funds without the specific approval of the House and 

Senate Committees on Appropriations. 

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes a liquidating cash appro- priation of $3,435,000,000; an obligation limitation of 

$3,350,000,000; a limitation on administrative expenses of not more 

than $101,000,000; no less than $15,000,000 for the airport cooperVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00298 Fmt 6601 Sfmt 6601 E:\HR\OC\HR284.XXX HR284

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ative research program; and no less than $29,250,000 for airport 

technology research. 

Small community air service development pilot program.—The 

bill includes $6,000,000 under the obligation limitation to continue 

the small community air service development pilot (SCASDP) program and directs the FAA to transfer funds to OST salaries and 

expenses appropriation. 

ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION

Section 110 allows no more than 600 technical staff-years at 

the Center for Advanced Aviation Systems Development as proposed by the House and Senate. 

Section 111 prohibits funds for adopting guidelines or regulations requiring airport sponsors to provide FAA ‘‘without cost’’ 

building construction or space as proposed by the House and Senate. 

Section 112 allows the FAA to be reimbursed for amounts 

made available for 49 U.S.C. 41742(a)(1) as fees are collected and 

credited under 49 U.SC. 45303 as proposed by the House and Senate. 

Section 113 allows reimbursement of funds for providing technical assistance to foreign aviation authorities to be credited to the 

operations account as proposed by the House and Senate. 

Section 114 prohibits funds limited in this Act for the Airport 

Improvement Program to be provided to an airport that refuses a 

request from the Secretary of Transportation to use public space at 

the airport for the purpose of conducting outreach on air passenger 

rights as proposed by the House and Senate. 

Section 115 prohibits funds for Sunday premium pay unless 

work was actually performed on a Sunday as proposed by the 

House and Senate. 

Section 116 prohibits funds in the Act from being used to buy 

store gift cards with Government issued credit cards as proposed 

by the House and Senate. 

Section 117 allows all airports experiencing the required level 

of boardings through charter and scheduled air service to be eligible for funds under 49 U.S.C. 47114(c) as proposed by the Senate. 

Section 118 prohibits funds from being obligated or expended 

for retention bonuses for FAA employees without prior written approval of the DOT Deputy Assistant Secretary for Administration. 

Section 119 limits to 20 percent the cost share required under 

the contract tower cost-share program. 

Section 119A reverses changes made to the Block Aircraft Registry Request program and prohibits future changes to the program, as proposed by the House and Senate. 

Section 119B prohibits funds from being used to change weight 

restrictions or prior permission rules at Teterboro Airport in New 

Jersey as proposed by the House. 


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FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement limits obligations for administrative 

expenses of the Federal Highway Administration (FHWA) to 

$412,000,000, which is equal to the annualized level of contract authority under the latest surface transportation extension, P.L. 112– 

30, plus $3,144,750 in carryover contract authority, plus 

$16,000,000 in funds that the Secretary may transfer from the 14 

discretionary highway programs, if necessary, to ensure proper 

oversight. The 14 programs impacted are: Delta Region Transportation Development; Ferry Boats Discretionary Projects; Highways 

for LIFE Demo Projects; Innovative Bridge Research & Deployment; Interstate Maintenance Discretionary; National Historic Covered Bridge Preservation; National Scenic Byways; Public Lands 

Highway Discretionary; Railway-Highway Crossings Hazard Elimination in HSR Corridors; Transportation, Community, and System 

Preservation; Truck Parking Pilot Program; Disadvantaged Business Enterprises Services; On-the-Job Training Services; and, 

Value Pricing Pilot Program. In addition, the conferees provide $3,220,000 in contract authority above this limitation for the administrative expenses of the 

Appalachian Regional Commission pursuant to 23 U.S.C. 104. 

Information Technology Improvements.—The conferees recommend at least $2,000,000 of funds provided should be for the 

Delphi system and accounting services, the IPv6 transition, and 

FHWA’s share in the implementation of the financial management 

business transformation. These are important improvements to the 

administration of the federal-aid highways program. 

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The conference agreement limits obligations for the federal-aid 

highways program to $39,143,582,670 in fiscal year 2012, which is 

the annualized level of contract authority under the latest surface 

transportation extension, P.L. 112–30. 

Solvency of Highway Trust Fund.—The conferees acknowledge 

this obligation limitation will deplete almost all resources from the 

Highway Trust Fund by the end of fiscal year 2012, causing the 

FHWA to begin cash-management procedures that may result in 

States not receiving timely reimbursement of highway construction 

expenses. Further, without enactment of a new surface transportation authorization bill with large amounts of additional revenues 

this year, the Highway Trust Fund will be unable to support a 

highway program in fiscal year 2013. The conferees strongly urge 

the committees of jurisdiction to enact surface transportation legislation that provides substantial long-term funding to continue the 

federal-aid highways program. 

Commercial Motor Vehicle Parking.—The conferees direct 

FHWA to study the shortage of commercial motor vehicle parking, 


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including the impact of such on operators’ compliance with federal 

safety requirements, and to report findings to the Committees on 

Appropriations within 180-days of enactment of this Act. 

The conference agreement does not include a requirement for 

FHWA to report on transportation construction projects impacting 

local roads as proposed by the House. 

Additionally, the conference agreement does not include a requirement for FHWA to investigate developing a comprehensive, 

department-wide corrosion analysis mitigation tool or a requirement for FHWA to report on the viability and cost-savings of developing such tool as proposed by the House. 

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

The conference agreement provides a liquidating cash appro- priation of $39,882,582,670, which is available until expended, to 

pay the outstanding obligations of the various highway programs 

at the levels provided in this Act and prior appropriations Acts. 

This level reflects the annualized contract authority provided under 

the latest surface transportation extension, P.L. 112–30, including 

contract authority both subject to and exempt from the obligation 

limitation. 

EMERGENCY RELIEF

The conference agreement appropriates $1,662,000,000 in additional funds for the Emergency Relief Program, which is available 

until expended, for qualifying emergency repair expenses relating 

to major disasters declared pursuant to the Stafford Act, 42 U.S.C. 

5121 et seq. 

The conference agreement waives the per-State, per-disaster cap of $100,000,000 for certain disaster events in fiscal year 2011 

relating to Hurricane Irene and flooding of the Missouri River. The 

conference agreement also directs the Secretary to extend the 180- 

day time period under 23 U.S.C. 120(e), in consideration of delays 

in a State’s ability to access damaged facilities to evaluate damages 

and estimate the cost of such repairs, for eligible disasters in fiscal 

years 2011 and 2012. 

RESCISSION

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

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

Section 120 retains the provision as proposed by the Senate 

that distributes the federal-aid highways program obligation limitation. 

Section 121 retains the provision as proposed by the House and 

the Senate that allows funds received by the Bureau of Transportation Statistics from the sale of data products to be credited to the 

federal-aid highways account. 

Section 122 retains the provision as proposed by the House and 

the Senate that provides requirements for any waiver of Buy American requirements. 


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Section 123 retains the provision as proposed by the House and 

the Senate that prohibits tolling in Texas, with exceptions. 

Section 124 retains with modification the provision proposed by 

the House that directs GAO to study how States and public transit 

authorities use their authority to transfer federal funds between 

the highway and transit programs and to submit a report within 

a year of enactment. 

Section 125 retains with modification the provision proposed by 

the Senate that allows the State laws of Maine and Vermont regarding vehicle weight limitations to apply to all portions of the 

Interstate Highway System within each State, notwithstanding the 

requirements of 23 U.S.C. 127(a)(11), for a time period of approximately twenty years. 

Section 126 is a new provision that allows the Secretary to 

transfer up to $16,000,000 from discretionary federal-aid highway 

programs to the FHWA administrative expenses account. 

The conference agreement does not include Sections 124 or 

128, as proposed by the Senate. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The conference agreement includes a liquidation of contract authorization and a limitation on obligations of $247,724,000 for the 

operating and program expenses of the Federal Motor Carrier Safety Administration (FMCSA). Of this limitation, $8,543,000 is to remain available for obligation until September 30, 2014, as proposed 

by the Senate; $191,918,800 is recommended for operating expenses; and $47,262,200 is recommended for program expenses. 

The conference agreement modifies the Senate direction to FMCSA 

to report on March 30, 2012 on the agency’s ability to meet its requirement to conduct compliance safety reviews on high risk carriers. 

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

(INCLUDING RESCISSION)

The conference agreement provides a liquidating cash appropriation and a limitation on obligations of $307,000,000 for motor 

carrier safety grants, as proposed by the Senate, modified to provide $29,000,000 for the audits of new entrant motor carriers, as 

proposed by the House. The conference agreement provides funding 

for motor carrier safety grants as follows: 


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Program Funding 

Motor carrier safety assistance program ........................................................................................................... $212,000,000 

Commercial driver’s license (CDL) program improvement grants .................................................................... 30,000,000 

Border enforcement grants ................................................................................................................................ 32,000,000 

Performance and registration information system management grant ............................................................ 5,000,000 

Commercial vehicle information systems and networks deployment ................................................................ 25,000,000 

Safety data improvement grants ....................................................................................................................... 3,000,000 

The conference agreement also permanently rescinds 

$1,000,000 in prior-year unobligated balances, as proposed by the 

Senate, to cover costs associated with FMCSA Administrative Provision 131. 

ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

Section 130 retains the provision proposed by the House and 

the Senate that subjects funds appropriated in this Act to the 

terms and conditions of section 350 of Public Law 107–87 and section 6901 of Public Law 110–28, including that the Secretary submit a report on Mexico-domiciled motor carriers. 

Section 131 retains the provision proposed by the Senate that 

does not require repayment of certain Commercial Vehicle Information Systems and Networks (CVISN) grant funds that were awarded improperly by FMCSA to States between 2006 and 2010. 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

The conference agreement provides $140,146,000 from the general fund for operations and research, as proposed by the Senate. 

Of this amount, a total of $20,000,000 shall remain available until 

September 30, 2013, as proposed by the Senate. 

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The conference agreement provides a liquidating cash appropriation and an obligation limitation of $109,500,000, to remain 

available until expended. Of the total, $105,500,000 is provided for 

the highway safety research and development programs under 23 

U.S.C. 403 and $4,000,000 is provided for the National Driver Register under 49 U.S.C. 303, as proposed by the House and the Senate. Of the total limitation, $20,000,000 shall remain available 

until September 30, 2013, and shall be in addition to any limitation 

imposed on obligations in future fiscal years, as proposed by the 

Senate. 

Repurposed Seatbelt Grants Funding.—The conferees repurpose $25,000,000 of the Safety Belt Performance Grants to fully 

fund the modernization of the National Automotive Sampling System (NASS). The conferees direct NHTSA to follow all directives 

contained in the Senate Committee report relating to the NASS 


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modernization, including those relating to enhanced data collection 

and new reporting requirements. 

The conferees do not provide any repurposed Safety Belt Performance Grants funding to enhance the ongoing cooperative research effort between NHTSA and the Automotive Coalition for 

Traffic Safety to develop driver alcohol detection systems, or for the 

distracted driver program as proposed by the Senate. 

Unsecured loads.—The conferees direct the GAO to report to 

the Committees on Appropriations on the various State laws, associated penalties, exemptions, and enforcement actions associated 

with unsecured loads within one year of enactment of this Act. Further, NHTSA is directed to collect and classify data from automobile accidents involving road debris as proposed by the Senate. 

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The conference agreement provides a liquidating cash appro- priation and an obligation limitation of $550,328,000 for highway 

traffic safety grants, to remain available until expended, as proposed by the Senate. The conference agreement recommends as follows: 

Amount 

Highway Safety Programs (section 402) ............................................................................................................ $235,000,000 

Occupant Protection Incentive Grants (section 405) ......................................................................................... 25,000,000 

Safety Belt Performance Grants (section 406) .................................................................................................. 28,500,000 

National Automotive Sampling System .............................................................................................................. 25,000,000 

State Traffic Safety Information System Improvement Grants (section 408) ................................................... 34,500,000 

Alcohol-Impaired Driving Countermeasures Incentive Grants (section 410) .................................................... 139,000,000 

Motorcyclist Safety Grants (section 2010) ......................................................................................................... 7,000,000 

Child Safety and Child Booster Seat Safety Incentive Grants (section 2011) ................................................. 7,000,000 

High Visibility Enforcement Program (section 2009) ........................................................................................ 29,000,000 

Administrative Expenses .................................................................................................................................... 25,328,000 

Distracted Driver.—The conferees direct NHTSA, in conjunction with the Centers for Disease Control (CDC), to conduct an 

analysis of available research on distracted driving, and to report 

on the extent to which electronic devices can be causally linked to 

the reported rise in fatal accidents or injuries involving distracted 

driving, as well as the impact distracted driving prevention laws 

and enforcement actions can have on motorist behavior. 

ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

Section 140 retains the provision as proposed by the House and 

the Senate that provides funding for travel and related expenses 

for state management reviews and highway safety core competency 

development training. 

Section 141 retains the provision as proposed by the House and 

the Senate that exempts obligation authority that was made available in previous public laws for multiple years from the limitations 

on obligations set for the current year. 


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Section 142 retains the provision as proposed by the House and 

Senate that prohibits the use of funds to implement 23 U.S.C. 404. 

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

The conference agreement provides $178,596,000 for safety and 

operations of the Federal Railroad Administration (FRA) instead of 

$180,867,000 proposed by the House and $176,596,000 proposed by 

the Senate. Of the funds provided, $12,300,000 is available until 

expended as proposed by the Senate. 

Positive Train Control.—The conferees expect the FRA to complete the necessary PTC rulemakings, and directs the FRA to report to the House and Senate Appropriations Committees, by 

March 1, 2012, on (a) the status of the revisions under consideration and (b) the FRA assessment of the progress being made by 

the railroad carriers in complying with the PTC statutory deadlines. 

RAILROAD RESEARCH AND DEVELOPMENT

The conference agreement provides $35,000,000 for railroad research and development, instead of $35,030,000 as proposed by the 

House and $30,000,000 as proposed by the Senate. The conferees 

include funding for the research accounts as proposed by the House 

with the exception of R&D facilities and test equipment which shall 

be $2,345,000. 

RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

The conference agreement authorizes the Secretary to issue 

notes or other obligations pursuant to section 512 of P.L. 94–210 

as proposed by both the House and Senate. 

NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)

The conference agreement provides a total of $1,418,000,000 

for the operations, capital improvements and debt service to the 

National Railroad Passenger Corporation (Amtrak). 

OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

The conference agreement provides $466,000,000 in operating 

grants to Amtrak instead of $227,000,000 proposed by the House 

and $544,000,000 proposed by the Senate. 

Business plan.—The conference agreement includes language 

as proposed by the House that requires Amtrak to provide semiannual reports in electronic format regarding the pending business 

plan as well as progress against the milestones and target dates 

contained in its financial performance improvement plan provided 

in fiscal year 2011. Further, these plans shall include a comprehensive fleet plan which shall establish year-specific goals and milestones and discuss potential, current and preferred financing options for all such activities. 

The conference agreement includes bill language as proposed 

by the House which prohibits Amtrak from discounting tickets at 


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more than 50 percent off the normal, peak fare after March 1, 

2012, unless the operating loss due to the discounted fare is covered by a State. The Senate did not propose a similar provision. 

The conferees encourage Amtrak to carry $200,000,000 in reserves within their Operating account, and encourage use of any favorable ticket revenue to get to this amount before using this favorable ticket revenue on Capital expenses unless such Capital expenses are necessary to ensure the safe operation and maintenance 

of the passenger rail system. 

The conference agreement does not include a requirement for 

the Amtrak IG to report quarterly on Amtrak operational efficiencies and overhead expenses as proposed by the House as Section 207 of the Passenger Rail Investment and Improvement Act 

requires similar reporting requirements by the Federal Railroad 

Administration. 

The conference agreement does not require Amtrak to report 

on plans to improve food and beverage service and first class service as proposed by the House. 

CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

The conference agreement provides $952,000,000 for capital 

and debt service payment grants to Amtrak, instead of 

$890,954,000 as proposed by the House, and $936,778,000 as proposed by the Senate. Within the funds provided, the conference 

agreement includes $271,000,000 for Amtrak’s debt service payment as proposed by the House and the Senate, and $15,000,000 

shall be for Northeast Corridor Gateway projects as proposed by 

the Senate. The agreement adopts the Senate bill requirement that 

grants made after the first $200,000,000 be provided only on a reimbursable basis. 

Americans with Disabilities Act.—Under its compliance plan 

with the Americans with Disabilities Act (ADA), Amtrak would invest $175,000,000 during fiscal year 2010 for necessary capital investments. The conferees understand that events outside of Amtrak’s control delayed these investments. However, the conferees 

direct Amtrak to the best of its ability to maintain this plan for 

complying with the requirements of ADA, and modify bill language 

requiring Amtrak to invest no less than $50,000,000 for ADA capital investments. 

The conference agreement allows the Secretary to retain up to 

one-half of one percent of the funds provided to fund the costs of 

project management oversight of capital projects as proposed by the 

House, instead of one-fourth of one percent, as proposed by the 

Senate. 

The conference agreement also allows the Secretary to retain 

up to one-half of one percent of the funds provided to fund the costs 

associated with implementing section 212 of division B of Public 

Law 110–432. 

The conferees direct Amtrak to report back within 60 days on 

the process and procedures that are being implemented to improve 

financial controls for on-time performance incentive payments, and 

to establish accountability for the host railroad billing. 


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CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS PASSENGER

RAIL SERVICE

The conferees provide no funds for the Capital Assistance for 

High Speed Rail Corridors and Intercity Passenger Rail Service 

Program as proposed by the House. The Senate provided 

$100,000,000 for the program. The conference agreement does not 

require GAO to report on a vision and operational plan for high 

speed and intercity passenger rail service or on states’ capabilities 

to develop and operate high speed and intercity passenger rail 

service. 

ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

Section 150 retains a provision that ceases the availability of 

Amtrak funds if the railroad contracts for services outside the 

United States for any service performed by a full-time or part-time 

Amtrak employee as of July 1, 2006, as proposed by the House and 

Senate. 

Section 151 retains a provision that allows FRA to receive and 

use cash or spare parts to repair and replace damaged track inspection cars as proposed by the House and Senate. 

Section 152 retains a provision that authorizes the Secretary 

of Transportation to allow issuers of any preferred stock to redeem 

or repurchase preferred stock sold to the Department of Transportation. 

Section 153 limits overtime to $35,000 per employee, allows 

Amtrak’s president to waive this restriction for specific employees 

for safety or operational efficiency reasons, and requires notification to the House and Senate Committees on Appropriations within 

30 days of granting such waivers. 

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

The conference agreement provides $98,713,000 for the administrative expenses of the Federal Transit Administration (FTA) as 

proposed by the Senate instead of $94,413,000 as proposed by the 

House. The conferees provided funds directly to the Office of Inspector General for financial statement audits and did not specify 

a dollar amount for travel. 

The conferees direct FTA to include in its operating plan a specific allocation of administrative expenses resources, including a delineation of full time equivalent employees, as proposed by the 

House. The conference agreement also requires transfers exceeding 

5 percent to be approved by the House and Senate Appropriations 

Committees through the reprogramming process outlined by the 

Senate. The conferees direct FTA to include in DOT’s operating 

plan how much will be allocated for travel in fiscal year 2012. 


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FORMULA AND BUS GRANTS

(LIQUIDATION OF CONTRACT AUTHORITY)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The conference agreement limits obligations from the Mass 

Transit Account for the formula and bus grant program to 

$8,360,565,000 as proposed by the Senate, instead of 

$5,200,000,000 as proposed by the House. The conferees acknowledge that the specific programmatic distribution of formula and bus 

grant funds will be determined through legislation extending or reauthorizing the surface transportation programs. The conference 

agreement includes a liquidating cash appropriation of 

$9,400,000,000. 

The conferees have directed that funding for bus rapid transit 

projects proposed in the fiscal year 2012 budget request under the 

capital investment grants account instead be funded in the Bus 

and Bus Facilities program, where they are also eligible. Projects 

requested in the administration’s budget to be funded from the formula are as follows: 

CA Fresno, Fresno Area Express ......................................................... $17,800,000 

CA Oakland, East Bay BRT ................................................................. 25,000,000 

CA San Francisco, Van Ness Ave BRT ................................................ 30,000,000 

FL Jacksonville, JTA BRT .................................................................... 6,443,200 

MI Grand Rapids, Silver Line BRT ...................................................... 12,887,943 

TX El Paso, Mesa Corridor BRT .......................................................... 13,540,000 

WA King County, RapidRide E BRT .................................................... 21,629,000 

WA King County, RapidRide F BRT .................................................... 15,880,000 

CT Hartford-New Britain Busway ....................................................... 45,000,000 

RESEARCH AND UNIVERSITY RESEARCH CENTERS

The conference agreement provides $44,000,000 for research 

activities instead of $45,000,000 as proposed by the House and 

$40,000,000 as proposed by the Senate. Of the amounts provided, 

$3,500,000 is for the National Transit Institute, $6,500,000 is for 

transit cooperative research programs and $4,000,000 is for the 

university centers program. The conferees direct FTA to report on 

all 2011 and 2012 FTA-sponsored research by May 15, 2012. The 

agreement also provides $25,000,000 for FTA to support the development of cutting-edge new bus and transit technologies. 

Rural transit.—In rural communities across the nation, the 

conferees believe that transit plays an important role in getting 

families and individuals from their homes to work, medical appointments and day-to-day activities. In order for rural transit 

service to be efficient, the community must effectively coordinate 

transit services among human service agencies and job providers. 

The conferees support continuing FTA efforts to develop and demonstrate initiatives that will assist rural and small communities in 

providing transit service that will help individuals to get from 

home to the workplace. 


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CAPITAL INVESTMENT GRANTS

(INCLUDING RESCISSION)

The conference agreement provides $1,955,000,000 for capital 

investment grants as proposed by the Senate instead of 

$1,554,077,000 as proposed by the House. Of the amounts provided, 

$35,481,000 is for the small starts program, $21,004,000 is for administrative oversight activities, $1,368,515,000 is for payouts for 

full funding grant agreements, $510,000,000 is for projects entering 

into full funding grant agreements in calendar year 2012 payable 

upon grant award, $5,000,000 is for the Denali Commission, and 

$15,000,000 is for Alaska and Hawaii ferries. Oversight and audit 

activities performed by the Office of Inspector General are funded 

out of the OIG account. Further, $58,500,000 of prior year unobligated balances are rescinded. 

The conferees direct FTA to refrain from signing any full funding grant agreement with a new starts share greater than 60% as 

recommended in the Senate report. The House proposed limiting 

FTA to projects with a 50% or less Federal share. 

The conference agreement provides the following payouts for 

new starts projects: 

NY Long Island Rail Road East Side Access ....................................... $203,424,000 

NY Second Avenue Subway .................................................................. 186,566,000 

TX Dallas Northwest/Southeast ........................................................... 81,606,000 

UT Salt Lake City Mid Jordan LRT .................................................... 78,889,510 

UT Salt Lake City Weber County ........................................................ 52,047,490 

VA Northern VA Dulles ........................................................................ 90,832,000 

WA Seattle University Link LRT ......................................................... 104,078,000 

MN Central Corridor LRT .................................................................... 93,144,000 

FL Orlando Central Florida .................................................................. 47,308,000 

CO Denver Eagle ................................................................................... 140,920,000 

TX Houston North Corridor .................................................................. 94,616,000 

TX Houston Southeast Corridor ........................................................... 94,616,000 

UT Salt Lake City Draper .................................................................... 100,468,000 

GRANTS FOR ENERGY EFFICIENCY AND GREENHOUSE GAS REDUCTIONS

The conference agreement does not include funds for energy efficiency grants as proposed by the House. The Senate proposed 

$25,000,000 under this heading. 

GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT

AUTHORITY

The conference agreement provides $150,000,000 as proposed 

by the House and Senate to carry out section 601 of division B of 

Public Law 110–432 to remain available until expended. The conferees direct WMATA to continue with capital improvement plans 

and not defer capital and safety investments to offset operating 

costs. 

ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

Section 160 exempts previously made transit obligations from 

limitations on obligations. 

Section 161 allows funds provided in this Act for (1) projects 

under ‘‘Capital Investment Grants’’ and (2) bus and bus facilities 

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tember 30, 2014 to be available for projects eligible to use the funds 

for the purposes for which they were originally provided. 

Section 162 allows for the transfer of appropriations made 

prior to October 1, 2011 from older accounts to be merged into new 

accounts with similar current activities. 

Section 163 allows unobligated funds in prior year appropriations for new fixed guideway systems under ‘‘Federal Transit Administration, Capital Investment Grants’’ to be used in the current 

fiscal year to satisfy expenses for activities eligible in the year the 

funds were appropriated. 

Section 164 requires unobligated funds or recoveries under 49 

U.S.C. 5309 that are available for reallocation shall be directed to 

projects eligible to use the funds for which they were originally intended. 

Section 165 allows the Secretary to use one percent of section 

5316 funds for program management oversight. 

Section 166 provides funds for Alaska or Hawaii ferry boats or 

ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(6)(B) may 

be used to construct new vessels and facilities, or to improve existing vessels and facilities as proposed by the Senate. The House proposed prohibiting funds for 49 U.S.C. 5309(m)(6)(B) and (C). 

Section 167 modifies a provision proposed by the House limiting FTA to signing full funding grant agreements (FFGAs) with 

a new starts share of 60% or less. The House proposed limiting 

new FFGAs to projects with a Federal share of 50% or less. The 

Senate did not include a similar provision. 

Section 168 modifies a provision proposed by the House permitting fuel and utilities for vehicle operations to be treated as a capital maintenance item for grants made under section 5307 in fiscal 

year 2012, up to $100,000,000. The Senate did not include a similar 

provision. 

Section 169 modifies a provision proposed by the Senate regarding the enforcement of the charter bus rule for an area in 

Washington State. The House did not include a similar provision. 

Section 169A allows the Secretary to consider significant private contributions when calculating the non-Federal share of capital costs for new starts projects as proposed by the Senate. The 

House did not include a similar provision. 

Section 169B modifies a provision proposed by the Senate 

specifying all bus rapid transit projects recommended in the fiscal 

year 2012 budget request under ‘‘Capital Investment Grants’’ in 

this Act shall instead be funded from the formula bus program. 

The House did not include a similar provision. 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND) 

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

the House instead of $34,000,000 as proposed by the Senate. 


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MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

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

OPERATIONS AND TRAINING

(INCLUDING RESCISSION)

The conference agreement includes $156,258,000 for the Maritime Administration’s (MARAD) operations and training account, 

instead of $151,889,000 as proposed by the House and 

$154,886,000 as proposed by the Senate. Further, the agreement 

rescinds $980,000 from prior year funds instead of $1,000,000 as 

proposed by the Senate. The House did not propose a rescission 

from this account. 

The conferees provide a total of $85,168,000 for the U.S. Merchant Marine Academy (USMMA). Of the funds provided, 

$62,268,000 is for Academy operations and $22,900,000 is for the 

capital improvement program (CIP) of which $17,000,000 is for capital improvements and $5,900,000 is for facilities maintenance, repairs and equipment. The conferees did not provide funds for replacing the midshipman fees or the recruitment initiative, but did 

allocate an additional $250,000 for up to 5 additional staff to support and manage the CIP and facility maintenance. The conferees 

do not include a prohibition on the expenditure of funds for the 

commencement of architectural and engineering studies as proposed by the House. The conferees direct MARAD to provide a staff 

organizational chart for the USMMA as directed by the Senate 

with the fiscal year 2013 budget materials. 

The conferees provide a total of $17,100,000 for the state maritime academies, of which $3,600,000 is for direct payments, 

$2,400,000 is for student incentive payments and $11,100,000 is for 

schoolship maintenance and repair. 

The conferees provide a total of $54,000,000 for MARAD operations: $49,000,000 for headquarters operations, $4,000,000 for environment and compliance, and $1,000,000 for Marview. The conferees direct MARAD to provide a report on the number of vacancies at MARAD headquarters and regional offices, and the duties 

associated with each vacancy concurrent with the fiscal year 2013 

budget submission. 

SHIP DISPOSAL

The conference agreement includes $5,500,000 for the disposal 

of obsolete vessels of the National Defense Reserve Fleet as proposed by the House instead of $10,000,000 as proposed by the Senate. The conferees recommend $3,000,000 for the NS Savannah as 

requested. 

The conferees direct MARAD to make best value determinations and award ship recycling contracts no later than 90 days from 

the close of the ship specific solicitation. Upon award announcement, MARAD shall disclose, in addition to the price, other factors 

and criteria used to determine best value of the winning award. 

The conference agreement does not require MARAD to provide a 


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full accounting of ship disposal activities as proposed by the House 

since such actions are identified in the annual vessel disposal report to Congress. 

ASSISTANCE TO SMALL SHIPYARDS

The conference agreement includes $9,980,000 for assistance to 

small shipyards as proposed by the Senate. The House did not propose funding this account. 

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

The conference agreement includes $3,740,000 for administrative expenses for the maritime guaranteed loan program (title XI) 

as proposed by the House. The Senate proposed $4,000,000 for the 

same purpose. The conferees agree to rescind $35,000,000 of prior 

year unobligated balances as proposed by the Senate. The House 

proposed rescinding $54,100,000. 

ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

Section 170 authorizes MARAD to furnish utilities and services 

and make necessary repairs in connection with any lease, contract, 

or occupancy involving Government property under control of 

MARAD, and allow payments received to be credited to the Treasury. 

Section 171 modifies a provision proposed by the House prohibiting a fee-for-service contract for vessel disposal, scrapping or recycling unless a qualified domestic ship recycler will pay for the vessel. The Senate did not propose a similar provision. 

Section 172 modifies a provision proposed by the Senate restricting the use of funds for non-availability determinations under 

46 U.S.C. 501 for oil releases from the Strategic Petroleum Reserve 

if United States-flag vessels of single or collective capacity are 

available unless, under exceptional circumstances, the Secretary of 

Transportation provides a written justification for not using such 

United States-flag vessel or vessels. The House did not propose a 

similar provision. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

OPERATIONAL EXPENSES

(PIPELINE SAFETY FUND)

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $21,360,000 for the necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration (PHMSA). Of the amount provided, 

$639,000 is to be derived from the Pipeline Safety Fund, and 

$1,000,000 is to be transferred to the Pipeline Safety account to 

fund Pipeline Safety Information Grants to Communities, as proposed by the House and the Senate. 

Information Technology Modernization.—The conferees recognize the importance of PHMSA’s five-year information technology 

modernization effort, which began in fiscal year 2010. The conVerDate Mar 15 2010 04:53 Nov 17, 2011 Jkt 071022 PO 00000 Frm 00312 Fmt 6601 Sfmt 6601 E:\HR\OC\HR284.XXX HR284

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ferees recommend at least $2,550,000 of operating expenses be 

used to further these efforts, as proposed in PHMSA’s budget. 

HAZARDOUS MATERIALS SAFETY

The conference agreement provides $42,338,000 for the agency’s hazardous materials safety functions. Of this amount 

$1,716,000 shall be available until September 30, 2014, as proposed 

by the House and the Senate. 

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

The conference agreement provides a total of $109,252,000 for the pipeline safety program. Of that amount, $18,573,000 is derived from the Oil Spill Liability Trust Fund, to remain available 

until September 30, 2014, and $90,679,000 is derived from the 

Pipeline Safety Fund, of which $48,191,000 is available until September 30, 2014 for multi-year grants and research and development contracts. The conference agreement directs no less than 

$1,058,000 of the funds provided shall be used for the state onecall grant program, as proposed by the House. 

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

The conference agreement provides $188,000, to remain available until September 30, 2013, and an obligation limitation of 

$28,318,000 for emergency preparedness grants, as proposed by the 

House and the Senate. 

ADMINISTRATIVE PROVISION—PIPELINE AND HAZARDOUS MATERIALS

SAFETY ADMINISTRATION

COST RECOVERY FOR DESIGN REVIEWS

Section 180, as proposed by the Senate, is not retained in the 

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

budget. 

RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION

RESEARCH AND DEVELOPMENT

The conference agreement provides $15,981,000 to continue research and development activities. Of the funds provided, 

$9,007,000 shall be available for the research and development program until September 30, 2014. 

Activity Conference 

level 

Salaries and Administrative Expense ...................................................................................................................... $6,974,000 

Alternative Fuels Safety Research and Development .............................................................................................. 499,000 

RD&T Coordination ................................................................................................................................................... 509,000 


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Activity Conference 

level 

Nationwide Differential Global Positioning System [NDGPS] ................................................................................... 7,600,000 

Positioning, Navigation, and Timing ........................................................................................................................ 399,000 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The conference agreement includes $79,624,000 for the Office 

of Inspector General and prohibits the transfer or expenditure of 

funds from modal agencies or the National Transportation Safety 

Board. The conference agreement did not include report language 

proposed by the House that expects a minimal reduction in current 

FTE levels among other modifications in overhead expenses. 

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

The conference agreement provides $29,310,000 for salaries 

and expenses of the Surface Transportation Board. The conference 

agreement permits the collection of up to $1,250,000 in user fees 

to be credited to this appropriation as proposed by the House and 

Senate. The conference agreement provides that the general fund 

appropriation be reduced on a dollar-for-dollar basis by the actual 

amount collected in user fees to result in a final appropriation from 

the general fund estimated at no more than $28,060,000. 

Of the total amount provided, $300,000 is for the Uniform Railroad Costing System modernization initiative as proposed by the 

Senate. 

GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION

Section 180 allows the Department of Transportation to use 

funds for aircraft, motor vehicles, liability insurance, uniforms, or 

allowances, as authorized by law as proposed by the House and 

Senate. 

Section 181 limits appropriations for services authorized by 5 

U.S.C. 3109 to the rate for an Executive Level IV as proposed by 

the House and Senate. 

Section 182 prohibits funds from being used for salaries and 

expenses of more than 110 political and Presidential appointees in 

DOT. The provision also requires that none of the personnel covered by this provision may be assigned on temporary detail outside 

DOT as proposed by the House and Senate. 

Section 183 prohibits recipients of funds made available in this 

Act from releasing certain personal information and photographs 

from a driver’s license or motor vehicle record, without express consent of the person to whom such information pertains; and prohibits the withholding of funds provided in this Act for any grantee 

if a State is in noncompliance with this provision as proposed by 

the House and Senate. 

Section 184 permits funds received by specified DOT agencies 

from States or other private or public sources for expenses incurred 


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for training to be credited to certain specified agency accounts as 

proposed by the House and Senate. 

Section 185 prohibits funds from being used to make a grant 

unless the Secretary of Transportation notifies the House and the 

Senate Committees on Appropriations no less than three days in 

advance of any discretionary grant award, letter of intent, or full 

funding grant agreement totaling $1,000,000 or more, and directs 

the Secretary to give concurrent notification for any ‘‘quick release’’ 

of funds from the Federal Highway Administration’s emergency relief program as proposed by the House and Senate. 

Section 186 allows funds received from rebates, refunds, and 

similar sources to be credited to appropriations of the DOT as proposed by the House and Senate. 

Section 187 allows amounts from improper payments to a third 

party contractor that are lawfully recovered by the DOT to be 

available to cover expenses incurred in the recovery of such payments as proposed by the House and Senate. 

Section 188 mandates that reprogramming actions are to be 

approved or denied solely by the House and Senate Committees on 

Appropriations as proposed by the House and Senate. 

Section 189 caps the amount of fees the Surface Transportation 

Board can charge and collect for rate complaints filed at the 

amount authorized for court civil suit filing fees as proposed by the 

House and Senate. 

Section 190 allows funds appropriated to the modal administrators to be obligated for the Office of the Secretary regarding reimbursable agreements as proposed by the House. 

Section 191 modifies a provision proposed by the House which 

alters the number of members on the Metropolitan Washington 

Airports Authority (MWAA) board; limits board members to no 

more than two terms; allows the appointing executives to remove 

board members with cause consistent with the laws of relevant jurisdictions; and, requires board members to vacate their position 

upon the immediate expiration of the board member’s term(s). The 

Senate did not propose a similar provision. The conferees expect 

the jurisdictions to expeditiously implement these modifications. In 

addition, the conferees are greatly concerned about reports of careless recordkeeping on the part of MWAA and will carefully review 

the DOT Inspector General’s anticipated report on MWAA’s management and operations. 

Section 192 prohibits the use of funds to enforce certain minimum standards for traffic signs as proposed by the House. The 

Senate did not include a similar provision. 

TITLE II—DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

MANAGEMENT AND ADMINISTRATION

The conference agreement includes $1,331,500,000 for the salaries and expenses to the Department, and modifies language proposed by the House and Senate. Through a modified structure, 

funding is included under the headings ‘‘Administration, Operations and Management’’ and ‘‘Program Office Salaries and Expenses’’. The conferees expect the Department to use this account 


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structure in presenting the fiscal year 2013 budget justification and 

all future budgets. 

The conference agreement includes language as proposed by 

the House that requires detailed budget justifications for each office within the Department, including an organizational chart for 

each operating area within the Department. Further, these justifications must include a detailed justification for existing staff, 

the incremental funding increases, decreases and FTE fluctuations 

being requested by program, project or activity. The conferees also 

reiterate that information requested in the Senate report should 

also be included in budget documents. 

The conference agreement includes a provision that requires 

that the Department modify and improve its Resource Estimation 

and Allocation Program (REAP) or other resource allocation model 

to improve its assessment of staffing needs and full-time equivalent 

(FTE) allocations. The provision also requires that beginning with 

the fiscal year 2014 congressional justification, budget estimates 

for existing staff and new staff requests shall be submitted to the 

Committees on Appropriations using a current, updated or new resource estimation and allocation model. 

To facilitate the use of a resource estimation and allocation 

model for future budget estimates and submissions, the conferees 

request that the Government Accountability Office (GAO) review 

the current REAP model to evaluate its capability to produce reliable data on full-time equivalent allocations and utilization for specific programs, and identify information gaps and other challenges. 

The conferees also request that GAO test the revised REAP or new 

resource estimation and allocation model, comparing it to actual 

FTE allocations in select Departmental programs. This GAO study 

and any recommendations resulting from the study should form the 

basis for the fiscal year 2014 budget submission. The conferees request that GAO also assess the Department’s ongoing efforts to improve staffing and departmental management. 

The conferees reiterate House direction on staffing reporting 

requirements. 

The conferees direct HUD to provide one month prior notice of 

office, program or activity reorganizations. 

ADMINISTRATION, OPERATIONS, AND MANAGEMENT

The conference agreement provides $537,789,000 for Management and Operations, instead of $494,739,000 as proposed by the 

House and $549,499,000 as proposed by the Senate. Funds are provided as follows: 

Immediate Office of the Secretary ................................................................. $3,572,000 

Office of the Deputy Secretary and the Chief Operating Officer ................. 1,200,000 

Office of Hearings and Appeals ...................................................................... 1,700,000 

Office of Small and Disadvantaged Business Utilization ............................. 741,000 

Office of Congressional and Intergovernmental Relations ........................... 2,400,000 

Office of Public Affairs .................................................................................... 3,515,000 

Office of Departmental Operations and Coordination .................................. 10,475,000 

Office of Field Policy and Management ......................................................... 47,500,000 

Office of the Chief Procurement Officer ......................................................... 14,700,000 

Office of the Chief Financial Officer .............................................................. 47,980,000 

Office of the General Counsel ......................................................................... 94,000,000 

Office of Equal Employment Opportunity ..................................................... 3,610,000 

Center for Faith-Based and Community Initiatives ..................................... 1,448,000 


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Office of Sustainable Housing and Communities ......................................... 2,627,000 

Office of Strategic Planning and Management ............................................. 5,000,000 

Office of the Chief Information Officer .......................................................... 41,885,000 

Office of the Chief Human Capital Officer ....................................................255,436,000 

The conference agreement directs HUD to maintain the responsibilities of the appropriations attorneys under the Office of 

the Chief Financial Officer. 

The conference agreement directs that the Office of the Assistant Secretary for Congressional and Intergovernmental Relations 

shall have no more than 20 FTEs. 

The conference agreement directs HUD to establish within the 

Departmental budget office, an appropriations liaison branch 

through the realignment of existing staff to be submitted by January 1, 2012. 

PROGRAM OFFICE SALARIES AND EXPENSES

PUBLIC AND INDIAN HOUSING

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

COMMUNITY PLANNING AND DEVELOPMENT

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

HOUSING

The conference agreement provides $391,500,000 for the salaries and expenses for this account, instead of $392,796,000 as proposed by the Senate and $353,126,000 as proposed by the House. 

The conference agreement also provides that at least $8,200,000 is 

for the Office of Risk and Regulatory Affairs as proposed by the 

Senate. 

POLICY DEVELOPMENT AND RESEARCH

The conference agreement provides $22,211,000 for the salaries 

and expenses for this account, instead of $17,716,000 as proposed 

by the House and $23,016,000 as proposed by the Senate. 

FAIR HOUSING AND EQUAL OPPORTUNITY

The conference agreement provides $72,600,000 for the salaries 

and expenses for this account, instead of $66,697,000 as proposed 

by the House and $74,766,000 as proposed by the Senate. 

OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

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

the House and $7,502,000 as proposed by the Senate. 

RENTAL ASSISTANCE DEMONSTRATION

The conference agreement includes language for a Rental Assistance Demonstration, as proposed by the Senate with modifications. The conference agreement includes modifications to allow for 


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participation of moderate rehabilitation. The conference agreement 

also includes language ensuring that tenant rights are protected in 

instances of conversion and that affordability of such housing is 

preserved under the demonstration. The conference agreement also 

includes language allowing for the project basing of tenant protection vouchers for rent supplemental and rental assistance projects 

in fiscal years 2012 and 2013, and requires a GAO review. 

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

The conference agreement provides $18,914,369,000 for all tenant-based Section 8 activities under the Tenant-Based Rental Assistance Account, instead of $18,467,883,000 as proposed by the 

House and $18,872,357,000 as proposed by the Senate. Language 

is included designating funds provided as follows: 

Activity Conference 

level 

Voucher Renewals ........................................................................................................................................ $17,242,351,000 

Tenant Protection Vouchers .......................................................................................................................... 75,000,000 

Administrative Fees ...................................................................................................................................... 1,350,000,000 

HUD–VASH Incremental Vouchers ................................................................................................................ 75,000,000 

Section 811 Vouchers ................................................................................................................................... 112,018,000 

Family Self-Sufficiency Coordinators ........................................................................................................... 60,000,000 

The bill does not include language related to a homeless demonstration as proposed by the Senate. 

The conferees direct HUD to monitor and provide quarterly 

briefings to the House and Senate Committees on Appropriations 

on the Section 8 program, including data on leasing and trends or 

changes in rents or tenant income. 

The conferees direct HUD to issue guidance to housing agencies administering mainstream (811) vouchers to continue to serve 

people with disabilities upon turnover. 

The conferees expect HUD to follow Treasury’s rules on cash 

management in this account. 

The conferees reiterate direction included by the Senate on 

tracking the housing stability of veterans utilizing the HUD–VASH 

program, addressing the needs of rural areas and sharing best 

practices with grantees. The conferees also direct HUD to report on 

HUD–VASH utilization rates, challenges encountered with the program and efforts to increase veteran self-sufficiency by January 15, 

2012, as proposed by the House. 

HOUSING CERTIFICATE FUND

(RESCISSION)

The conference agreement includes a $200,000,000 rescission, 

as proposed by the Senate. 

PUBLIC HOUSING CAPITAL FUND

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ference agreement also provides $50,000,000 for supportive services, service coordinators and congregate services as proposed by 

the Senate. The amount also includes $20,000,000 for emergency 

capital needs, as proposed by the Senate, and $10,000,000 for the 

public housing financial and physical assessment activities of 

REAC as proposed by the Senate instead of $15,345,000 as proposed by the House. 

The conferees direct the Department to report quarterly to the 

House and Senate Committees on Appropriations on the progress 

made at each PHA under receivership. 

PUBLIC HOUSING OPERATING FUND

The conference agreement provides $3,961,850,000 for the Public Housing Operating Fund as proposed by the Senate. The agreement provides that the Secretary shall not offset excess reserves by 

more than $750,000,000, as proposed by the Senate. The language 

also provides for a process for PHAs to appeal reserve offsets, and 

a set-aside of $20,000,000 to assist any PHAs that encounter financial hardship as a result of this offset. 

The conferees direct HUD to submit an implementation plan 

to offset 2012 allocations based on reserve balances to the Committees on Appropriations within 30 days of the enactment of this Act. 

The conferees further direct HUD to include in its report a clear 

methodology for determining excessive reserves and the impact of 

the plan on each PHA. 

The conference agreement includes language proposed by the 

Senate allowing for the Secretary to provide flexibility to PHAs on 

the use of excess operating reserves for capital improvements. The 

conferees direct the Secretary to establish clear guidance on how 

operating reserves can be used going forward, and in the interim 

expects this flexibility to be granted to PHAs to make capital improvements, but not to include large modernization projects. 

CHOICE NEIGHBORHOODS INITIATIVE

The conference agreement provides $120,000,000 for the Choice 

Neighborhoods Initiative, as proposed by the Senate. The conference agreement includes modifications to the language to ensure 

that the use of such funds doesn’t result in housing units unintentionally being deemed as public housing, and ensuring the longterm affordability of rehabilitated housing units. 

NATIVE AMERICAN HOUSING BLOCK GRANTS

The conference agreement provides $650,000,000 for the Native American Housing Block Grants, as proposed by the Senate. 

These funds will remain available for obligation by HUD until September 30, 2016. When combined with a standard five-year contract term, tribes will have approximately ten years to spend these 

funds. The conference agreement directs HUD to notify grantees of 

the availability of funds within 60 days of enactment of this Act. 

Timely Expenditure of Funds.—The conferees find it unconscionable that while there is significant need for affordable housing 

in Indian country, some tribes and TDHEs have not spent large 

amounts of block grant funding for several years, resulting in large 


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accumulated balances and reduced housing activities on tribal 

lands. For this reason, the conferees provide a time limit for this 

funding and strongly urge tribes to address housing needs in a 

timely manner. 

The conferees note this account had nearly $1,000,000,000 in 

unexpended balances at the beginning of fiscal year 2011, with almost half of that amount belonging to a single tribe. This tribe currently has over $375,000,000 in unexpended funds, with funds dating back twelve fiscal years, and a HUD official testified this tribe 

was unresponsive to HUD’s encouragement to address the backlog. 

Such large accumulated balances and decade-old unexpended funds 

call into question the present need for funding in this account. In 

times of scarce federal funding, all accounts come under closer 

scrutiny. It is in the interest of all 555 tribes that receive these 

grants to reduce the unexpended balances and to demonstrate current need through use of these funds. 

GAO Study of Tribal Housing Challenges.—The conferees realize there are significant and unique challenges associated with tribal housing, many of which are not within the control of tribes. For 

this reason, the conferees direct GAO to study the unique barriers 

and challenges in tribal housing activities. 

Technical Assistance.—Of the funds provided, the conference 

agreement includes $2,000,000 to support inspection of Indian 

housing units, contract expertise, training, and technical assistance 

by HUD. The conferees direct HUD to provide valuable assistance 

to tribes, especially those with capacity challenges and those receiving small grant awards. Such assistance should reflect the 

unique needs and culture of Native Americans and include services 

necessary to improve data collection and increase leveraging. 

In addition, the conference agreement includes $2,000,000 for 

national or regional organizations representing Native American 

housing interests to provide training and technical assistance to Indian housing authorities and tribally designated housing entities. 

The conferees intend these funds to be distributed through a competitive process. 

The conference agreement does not include a requirement for 

HUD’s Office of Policy Development and Research to submit a report to the House and Senate Committees on Appropriations proposing alternative data sources for the block grant formula, as proposed by the House. 

NATIVE HAWAIIAN HOUSING BLOCK GRANT

The conference agreement provides $13,000,000 for the Native 

Hawaiian Housing Block Grant, to remain available until expended, as proposed by the Senate. 

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

The conference agreement provides $6,000,000 to remain available until expended, to subsidize a guaranteed loan level of 

$360,000,000, as proposed by the House. 


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NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM

ACCOUNT

The conference agreement provides $386,000 to remain available until expended, to subsidize a guaranteed loan level of 

$41,504,000, as proposed by the Senate. 

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

The conference agreement provides $332,000,000 for the Housing Opportunities for Persons with AIDS (HOPWA) program. The 

conference agreement directs HUD to notify grantees of the availability of funds within 60 days of enactment of this Act. 

COMMUNITY DEVELOPMENT FUND

The conference agreement provides $3,308,090,000 for the 

Community Development Fund, to remain available until September 30, 2014. Of the total, the conference agreement provides 

no less than $2,948,090,000 in formula funding and $60,000,000 for 

Indian tribes. 

The conference agreement includes language allowing 20 percent of formula funds to be used for planning, management, and 

administration, as proposed by the Senate. The conferees direct the 

Government Accountability Office to issue a report on how communities use these funds. 

Matching Funds.—The conferees direct the Department to provide an analysis of how much CDBG funding is used by grantees 

as matching dollars for other federal programs. The conferees also 

direct the Department to gather data on the use of fiscal year 2012 

CDBG funds to match other federal programs, including which programs are being matched, in what amounts, for what purposes, 

whether other funds are leveraged, and any other relevant data. 

Sustainable Communities.—The conference agreement does not 

include funding for the Senate proposed Sustainable Communities 

Initiative and does not include language proposed by the House 

prohibiting the use of any funds for the Sustainable Communities 

Initiative. While direct funding for the Sustainable Communities 

Initiative is not included in the conference agreement, the conferees remind the Secretary and CDBG formula fund recipients 

that sustainable activities are an eligible use of formula funds. The 

conferees support coordination by the Departments of Transportation and Housing and Urban Development to reduce duplication 

of federal investments. The Secretary may use the Office of Sustainable Housing and Communities and the technical assistance resources of the Transformation Initiative to identify opportunities 

for communities to work together to integrate transportation and 

housing and to assist local grantees in performing these activities. 

The conferees do not include any directives relating to Regional 

Integrated Planning Grants, which are not funded in the conference agreement. 

Disaster Funding.—The conference agreement provides that of 

the funds made available for the Community Development Fund, 

up to $300,000,000 plus an additional $100,000,000 in disaster 


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funds is available for necessary and eligible expenses related to disaster relief and long-term recovery in the most impacted and distressed areas resulting from major disasters in 2011, as declared 

pursuant to the Stafford Act. The conference agreement further 

provides that these funds may not be used on activities for which 

funding already is made available by FEMA or the Army Corps of 

Engineers. 

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

The conference agreement provides $5,952,000, to remain 

available until September 30, 2013, for costs associated with section 108 loan guarantees, to subsidize a loan guarantee level of 

$240,000,000. 

HOME INVESTMENT PARTNERSHIPS PROGRAM

The conference agreement provides $1,000,000,000 for this account, as proposed by the Senate. These funds will remain available until September 30, 2014. 

Program Oversight.—The conferees direct HUD, in its report to 

the Committees on Appropriations pursuant to Section 232 of this 

Act, to include an explanation of how HUD is monitoring and evaluating grantee performance in the HOME program, including how 

participating jurisdictions get approval to restart a stalled or cancelled project. 

The conferees also direct HUD to provide a report by March 

16, 2012, and annually thereafter, on all HOME funds that are 5 

years old or older. 

SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

The conference agreement provides $53,500,000 for this account, to remain available until September 30, 2014. Of the total, 

$13,500,000 is provided for the SHOP program and $35,000,000 is 

provided for the second, third and fourth capacity building activities authorized under section 4(b)(3), of which not less than 

$5,000,000 may be for rural capacity building activities. In addition, $5,000,000 is provided for capacity building activities by national organizations with expertise in rural housing, as similarly 

proposed by the House and the Senate. The conference agreement 

directs HUD to notify grantees of the availability of funds within 

60 days of the date of enactment of this Act. 

CAPACITY BUILDING

The conference agreement does not include funding for Section 

4 Capacity Building as a separate account, as proposed by the 

House. 

HOMELESS ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $1,901,190,000 for Homeless Assistance Grants, as proposed by the House and the Senate. 

Of the amount provided, not less than $250,000,000 is for the 

emergency solutions grants (ESG) program; not less than 


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$1,593,000,000 is for the continuum of care and rural housing stability assistance program; and $7,000,000 is for the national homeless data analysis project. The conferees have provided sufficient 

funding to ensure the renewal of all eligible projects under the continuum of care competition. The conferees direct any remaining 

funding to be put towards the ESG and rural housing stability programs. 

Delayed Implementation of HEARTH.—The conferees note it 

has been two and a half years since the HEARTH Act amended the 

homeless assistance grant programs. The conferees express concern 

that HUD continued to implement pre-HEARTH grant programs in 

fiscal year 2011, due to a lack of regulations. The conferees direct 

HUD to publish at least interim guidelines for the Emergency Solutions Grants and Continuum of Care this fiscal year and to implement the new grant programs as soon as possible, so that the updated policies and practices in HEARTH can begin to govern the 

delivery of homeless assistance funding. 

HOUSING PROGRAMS

PROJECT-BASED RENTAL ASSISTANCE

The conference agreement provides $9,339,672,000 for projectbased rental assistance activities, as opposed to $9,428,672,000 as 

proposed by the House and $9,418,672,000 as proposed by the Senate. The conference agreement also provides an advance appropriation of $400,000,000 for fiscal year 2013. The conference agreement 

provides $9,050,672,000 for contract renewals and not to exceed 

$289,000,000 for contract administrators. This funding level reflects revised cost estimates from HUD based on updated projections and programmatic reforms that result in significant cost savings. 

HOUSING FOR THE ELDERLY

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

House and $369,627,000 as proposed by the Senate. The conference 

agreement provides that up to $91,000,000 shall be for service coordinators and existing congregate service grants as proposed by the 

Senate, and up to $25,000,000 shall be for the conversion of eligible 

projects to assisted living or emergency capital repairs as proposed 

by the House. The conference agreement does not include funds for 

new construction. 

HOUSING FOR PERSONS WITH DISABILITIES

The conference agreement provides $165,000,000 for the section 811 program, instead of $196,000,000 as proposed by the 

House and $150,000,000 as proposed by the Senate. The conference 

agreement does not include funds for new construction. The conference agreement also provides the Secretary with the authority 

to fund activities authorized under section 811(b)(3) of the Cranston-Gonzalez National Affordable Housing Act to allow for project 

rental assistance to State housing finance agencies and other appropriate entities. 


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HOUSING COUNSELING ASSISTANCE

The conference agreement provides $45,000,000 for Housing 

Counseling Assistance, instead of $60,000,000 as proposed by the 

Senate. The House did not propose funding this account. The conference agreement includes Senate language requiring HUD to 

award this funding within 120 days of enactment. 

The conferees direct HUD to submit a report on the reforms 

HUD is proposing in establishing a new Housing Counseling Office 

within the Office of Housing. This report, due within 90 days of enactment, should address how the Department is prepared to expend funds effectively, how HUD will focus its activities to reduce 

duplication of other government-funded programs, how many FTE 

will be needed for this activity, and what steps will be taken to 

streamline the grant making process. 

OTHER ASSISTED HOUSING PROGRAMS

RENTAL HOUSING ASSISTANCE

The conference agreement provides $1,300,000 for Section 236 

payments to State-aided, non-insured projects, as proposed by the 

Senate, instead of $15,733,000 as proposed by the House. 

RENT SUPPLEMENT

(RESCISSION)

The conference agreement rescinds $231,600,000 from the Rent 

Supplement account, as proposed by Senate. 

PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

The conference agreement provides $6,500,000 for authorized 

activities, of which $4,000,000 is to be derived from the Manufactured Housing Fees Trust Fund, instead of $7,000,000 to be fully 

funded by the Trust Fund as proposed by the House, and 

$9,000,000, of which $4,000,000 to be funded by the Trust Fund as 

proposed by the Senate. 

The conferees are perplexed by the paucity of information provided in the Congressional Justification for the Manufactured 

Housing Fees Trust Fund. Given the information HUD has provided, it is hard to make a rational case for any funding for the 

Fund. Fortunately, HUD has provided the Committees with additional information that illuminates the uniquely Federal role the 

Fund plays in the housing market. HUD must provide the Congress with adequate, appropriate and accurate information in its 

future budget justifications. 

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement establishes a limitation of 

$400,000,000,000 on commitments to guarantee single-family loans 

during fiscal year 2012, as proposed by the House and Senate. 


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The conference agreement provides $207,000,000 for administrative contract expenses, as proposed by the House, instead of 

$206,586,000 as proposed by the Senate. Of this amount, 

$71,500,000 may be transferred to the Working Capital Fund, instead of $72,000,000 as proposed by the House and $70,652,000 as 

proposed by the Senate. 

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

The conference agreement establishes a $25,000,000,000 limitation on multifamily and specialized loan guarantees during fiscal 

year 2012, as proposed by the House and Senate. The conference 

agreement does not provide a subsidy, as proposed by the Senate, 

instead of $8,600,000 in subsidy as proposed by the House. 

The conferees direct the Department to provide a report to the 

House and Senate Committees on Appropriations within 90 days of 

the enactment of this Act on its efforts to streamline inspections of 

facilities insured under Section 232 of the National Housing Act 

and those which the state or local government already inspects in 

accordance with the guidance of the Centers for Medicare & Medicaid Services (CMS) or applicable state or local law. This report 

should include timeframe for issuing rules related to these inspections and implementation of new procedures. 

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

The conference agreement includes up to $500,000,000,000 for 

new commitments, as proposed by the House and Senate. The conference agreement provides $19,500,000 for personnel compensation and benefits, and other administrative expenses of the Government National Mortgage Association, instead of $19,000,000 as proposed by the House, and $20,000,000 as proposed by the Senate. 

The conference agreement also modifies language included in the 

Senate allowing for additional administrative expenses if Ginnie 

Mae reaches $155,000,000,000 by April 1, 2012. 

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

The conference agreement provides $46,000,000 for policy development and research instead of $47,904,000 as proposed by the 

House and $45,825,000 as proposed by the Senate. The conference 

agreement also includes language proposed by the Senate requiring 

at least a 50 percent contribution from HUD’s research partners 

and that all non-competitive agreements comply with the Federal 

Funding Accountability and Transparency Act of 2006. The conferees have not included funding for the doctoral research grant 

program or the young scholars post doctoral program. 


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FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

The conference agreement provides $70,847,000 for the fair 

housing program as proposed by the Senate instead of $72,000,000 

as proposed by the House. Of this amount, $42,500,000 is for the 

Fair Housing Initiatives Program and $28,347,000 is for the Fair 

Housing Assistance Program. 

The conference agreement includes $300,000 to continue the 

translation and promotion of materials to assist persons with limited English proficiency, as proposed by the Senate. 

OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

LEAD HAZARD REDUCTION

The conference agreement provides $120,000,000 for the Lead 

Hazard Reduction program, as proposed by the Senate. Of this 

amount, the conference agreement includes up to $10,000,000 for 

the Healthy Homes Initiative, as similarly proposed by the House, 

and $45,000,000 for areas with the highest lead abatement needs, 

as proposed by the Senate. 

WORKING CAPITAL FUND

The conference agreement includes $199,035,000 for the Working Capital Fund (WCF), instead of $218,460,000 as proposed by 

the House and $192,475,000 as proposed by the Senate. The conferees concur with the Senate proposal to fund the salaries and expenses of the WCF under the Administration, Operations and Management account and the requirement that GAO continues to audit, 

evaluate and report on HUD’s IT spend plans, program oversight 

and IT management. 

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $124,000,000 for the Office 

of Inspector General, as opposed to $115,000,000 as proposed by 

the House and $124,750,000 as proposed by the Senate. 

The conferees are concerned about the number of HUD IG field 

offices and their associated costs, and direct the IG to conduct a review of its field office location policy. In conducting this review, the 

IG should look for opportunities to achieve efficiencies in its operations, and use existing performance measures such as cases and 

audits opened and closed, total dollars recovered, convictions made, 

program improvements identified, and other pertinent measures to 

determine potential cost savings and office consolidation. This review shall be completed within 180 days of enactment of this Act 

and delivered to the Committees on Appropriations of the House 

and Senate. 

TRANSFORMATION INITIATIVE

The conference agreement provides $50,000,000 for activities of 

the Transformation Initiative (TI), instead of $49,745,000 as proposed by the House and a 0.5 percent takedown and transfer as 


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proposed by the Senate. Funds are available until September 30, 

2014. 

Of the funds provided, the conference agreement recommends 

funding the following activities: biennial NOFAs; continuation of 

the study on the impact of housing on young children; the disciplinary research team; continuation of the pre-purchase counseling 

study; continuation of the rent reform demonstration; independent 

PHA assessments, physical needs assessments, and technical assistance for troubled PHAs; the joint core skills certification proposal; Office of Native American Programs technical assistance; 

and the fair housing and equal opportunity assessment. Further, at 

least $23,000,000 shall be for OneCPD. 

The conferees will allow up to $5,000,000 to be used for the 

National Resource Bank, provided that the Department can demonstrate a similar level of effort by its other Federal partners. 

The Secretary may amend the activities proposed for the fiscal 

year 2012 Transformation Initiative through the reprogramming 

process with approval from the House and Senate Committees on 

Appropriations. 

GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

Section 201 splits overpayments evenly between Treasury and 

State HFAs, as proposed by the House and Senate. 

Section 202 precludes the use of funds to prosecute or investigate legal activities under the Fair Housing Act, as proposed by 

the House and Senate. 

Section 203 continues language to correct anomalies for 

HOPWA and specifies jurisdictions in New York and New Jersey 

and uses three year average, as proposed by the House and Senate. 

Section 204 requires that funds are to be subject to competition 

unless specified otherwise in statute, as proposed by the House and 

Senate. 

Section 205 allows HUD to use funds for services to reimburse 

the Government National Mortgage Association (GNMA), Fannie 

Mae and other Federal entities for facilities as proposed by the 

House and Senate. 

Section 206 requires HUD to comport with the budget estimates except as otherwise provided in this Act or through an approved reprogramming, as proposed by the House and Senate. 

Section 207 provides authorization for HUD corporations to 

utilize funds under certain conditions and restrictions, as proposed 

by the House and Senate. 

Section 208 requires a report on unexpended balances each 

quarter, as proposed by the House and Senate. 

Section 209 specifies the distribution of AIDS funds to New 

Jersey and North Carolina, as proposed by the House and Senate. 

Section 210 requires that the Administration’s budget and the 

Department’s budget justifications for fiscal year 2013 shall be submitted in the identical account and sub-account structure provided 

in this Act, as proposed by the House and Senate. 


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Section 211 exempts PHA Boards in Alaska, Iowa, and Mississippi and the County of Los Angeles from public housing resident representation requirements, as proposed by the House and 

Senate. 

Section 212 authorizes HUD to transfer debt and use agreements from an obsolete project to a viable project, provided that no 

additional costs are incurred, and other conditions are met, as proposed by the Senate. Similar language was proposed by the House. 

Section 213 distributes Native American Housing Block Grant 

funds to the same Native Alaskan recipients as 2005, as proposed 

by the House and Senate. 

Section 214 prohibits the HUD Inspector General from changing the basis on which the audit of GNMA is conducted, as proposed by the House and Senate. 

Section 215 modifies a provision proposed by the House and 

Senate on the requirements for eligibility for Section 8 voucher assistance, and includes a consideration for persons with disabilities. 

Section 216 authorizes the Secretary to insure mortgages 

under Section 255(g) of the National Housing Act, as proposed by 

the House and Senate. 

Section 217 instructs HUD on managing and disposing of any 

multifamily property that is owned by HUD, similar to what was 

proposed by the House and Senate. 

Section 218 provides that the Secretary shall report quarterly 

on HUD’s use of all sole source contracts, as proposed by the House 

and Senate. 

Section 219 authorizes the Secretary to waive certain requirements on adjusted income for certain assisted living projects for 

counties in Michigan, as proposed by the Senate. 

Section 220 continues to allow the recipient of a section 202 

grant to establish a single-asset non-profit entity to own the project 

and may lend the grant funds to such entity, as proposed by the 

House and Senate. 

Section 221 continues to allow amounts provided under the 

Section 108 loan guarantee program to be used to guarantee notes, 

as proposed by the House. 

Section 222 extends the HOPE VI program until 2012, as proposed by the Senate. 

Section 223 allows PHAs that own and operate 400 units or 

fewer of public housing to be exempt from asset management requirements, as proposed by the House and Senate. 

Section 224 restricts the Secretary from imposing any requirement or guideline relating to asset management that restricts or 

limits the use of capital funds for central office costs, up to the 

limit established in QWHRA, as proposed by the House and Senate. 

Section 225 directs that no employee shall be designated as an 

allotment holder unless the CFO determines that they have received training, and that the CFO shall ensure that trained allotment holders are designated within 90 days of enactment, as proposed by the House and Senate. 

Section 226 requires that the Secretary shall report quarterly 

on the status of all Project-Based Section 8 housing, as proposed 

by the House and Senate. 


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Section 227 provides that funding for indemnities is limited to 

non-programmatic litigation, as proposed by the House and Senate. 

Section 228 provides that the Secretary shall publish all 

NOFAs on the Internet, as proposed by the House and Senate. 

Section 229 modifies the reprogramming guidelines for the Administration, Operations and Management account, the Program 

Office Salaries and Expenses account, and transfers between the 

two. 

Section 230 continues the provision that allows the Disaster 

Housing Assistance Program to be considered a program of HUD 

for the purpose of income verification, as proposed by the House 

and Senate. 

Section 231 modifies a provision to require the Comptroller 

General to conduct a study of CPD block grants, as proposed by the 

House. 

Section 232 requires the Secretary to improve data quality, 

data management, and grantee oversight and accountability at the 

Office of Community Planning and Development, as proposed by 

the House. 

Section 233 allows the Secretary to transfer up to $10,000,000 

of salaries and expenses funds to the ‘‘Working Capital Fund’’ as 

proposed by the Senate. 

Section 234 modifies a provision that limits Section 8 (tenantbased rental assistance only) and Section 9 funds from being used 

to compensate PHA employee salaries that exceed the annual rate 

of basic pay payable for a position at level IV of the Executive 

Schedule for fiscal year 2012. 

Section 235 strikes the ‘‘Flexible Subsidy Fund’’ provision from 

Title II of division I of Public Law 108–447 and title III of Public 

Law 109–115, as proposed by the Senate. 

Section 236 modifies a provision proposed by the Senate to rescind $650,000,000 from the advance appropriation provided for 

Tenant-Based Rental Assistance in fiscal year 2011. 

Section 237 extends the Mark-to-Market program under the 

Multifamily Assisted Housing Reform and Affordability Act until 

October 1, 2015, as proposed by the Senate. 

Section 238 raises the FHA loan limits through December 31, 

2013, modifying a provision proposed by the Senate. 

Section 239 provides that up to $300,000,000 of the funds provided for the Community Development Fund plus an additional 

$100,000,000 in disaster funds shall be available for disaster relief. 

TITLE III—RELATED AGENCIES 

ACCESS BOARD

SALARIES AND EXPENSES

The conference agreement includes $7,400,000 for the salaries 

and expenses of the Access Board. 


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FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $24,100,000 for the salaries 

and benefits of the Federal Maritime Commission as proposed by 

the Senate, instead of $24,087,000 as proposed by the House. Of 

the funds provided, not more than $2,000 can be used for official 

reception and representation expenses. The conference agreement 

does not include an FTE cap as proposed by the House. 

NATIONAL RAILROAD PASSENGER CORPORATION OFFICE OF

INSPECTOR GENERAL

SALARIES AND EXPENSES

The conference agreement provides $20,500,000 for Amtrak’s Office of Inspector General (Amtrak OIG), instead of $22,000,000 

as proposed by the House, and $19,311,000 as proposed by the Senate. The agreement requires Amtrak OIG to submit a comprehensive budget justification for fiscal year 2013 in similar format and 

substance to those submitted by other agencies of the federal government. 

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

The conference agreement provides $102,400,000 for the salaries and expenses of the National Transportation Safety Board 

(NTSB), as proposed by the House. Of this amount, no more than 

$2,000 may be used for official reception and representation expenses, as proposed by both the House and the Senate. 

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

The conference agreement provides $215,300,000 for the 

Neighborhood Reinvestment Corporation, as proposed by the 

House, instead of $200,000,000 as proposed by the Senate. 

The conference agreement includes $80,000,000 for the National Foreclosure Mitigation Counseling (NFMC) program as proposed by the House instead of $65,000,000 as proposed by the Senate. The conferees modify both House and Senate language to allow 

5 percent of NFMC funds go towards administrative costs. 

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

The conference agreement provides $3,300,000. The conferees 

recommend the increase in this account to be used for the transfer 

of 5 FTE from HUD to the Interagency Council on Homelessness 

(ICH). 

Homeless Veterans.—The conferees reiterate language in the 

Senate report, which directs ICH to continue working with HUD, 

the Department of Veterans Affairs, and other federal and local 

partners to improve the HUD–VASH program and address veteran 


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homelessness. The conferees direct ICH to provide a report to the 

Committees on Appropriations and the relevant authorizing committees on progress being made and opportunities for improvement 

in the specific areas identified in the Senate report. 

TITLE IV—GENERAL PROVISIONS, THIS ACT 

Section 401 continues the provision as proposed by the House 

and the Senate requiring pay raises to be funded within appropriated levels in this Act or previous Appropriations Acts. 

Section 402 continues the provision as proposed by the House 

and the Senate prohibiting pay and other expenses for non-Federal 

parties in regulatory or adjudicatory proceedings funded in this 

Act. 

Section 403 continues the provision as proposed by the House 

and the Senate prohibiting obligations beyond the current fiscal 

year and prohibits transfers of funds unless expressly so provided 

herein. 

Section 404 continues the provision as proposed by the House 

and the Senate requiring consulting service expenditures of public 

record in procurement contracts. 

Section 405 continues the provision as proposed by the House 

and the Senate specifying reprogramming procedures by subjecting 

the establishment of new offices and reorganizations to the reprogramming process. 

Section 406 continues the provision as proposed by the Senate 

providing that fifty percent of unobligated S&E balances may remain available for certain purposes. 

Section 407 continues the provision as proposed by the House 

and the Senate requiring agencies and departments funded herein 

to report on sole source contracts. 

Section 408 continues the provision as proposed by the House 

and the Senate prohibiting Federal training not directly related to 

the performance of official duties. 

Section 409 continues the provision as proposed by the House 

and the Senate that prohibits funds from being used for any project 

that seeks to use the power of eminent domain unless eminent domain is employed only for a public use. 

Section 410 continues a provision as proposed by the House 

and the Senate that denies the transfer of funds made available in 

this Act to any instrumentality of the United States Government 

except as authorized by this Act or any other Appropriations Act. 

Section 411 continues a provision as proposed by the House 

and the Senate that prohibits funds in this Act from being used to 

permanently replace an employee intent on returning to his past 

occupation after completion of military service. 

Section 412 continues a provision as proposed by the House 

and the Senate that prohibits funds in this Act from being used unless the expenditure is in compliance with the Buy American Act. 

Section 413 continues a provision as proposed by the House 

and the Senate that prohibits funds from being appropriated or 

made available to any person or entity that has been found to violate the Buy American Act. 


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Section 414 prohibits funds for first-class airline accommodations in contravention of section 301–10.122 and 301–10.123 of title 

41 CFR as proposed by the House. 

Section 415 prohibits funds in this Act from going to the group 

ACORN or its subsidiaries as proposed by the House and Senate. 

Section 416 requires all agencies and departments funded in 

this Act to report vehicle fleet inventory and associated costs to 

Congress at the end of fiscal year 2012. 


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DIVISION D—FURTHER CONTINUING APPROPRIATIONS, 

2012 

The conference agreement includes an extension of continuing 

appropriations for fiscal year 2012 through December 16, 2011. No 

new continuing resolution anomalies are included. 

The conferees direct the Department of Defense to continue to 

carry out, for the duration of the continuing resolution, the counternarcotics programs conducted in fiscal year 2011 and reauthorized in the National Defense Authorization Act for Fiscal Year 2012 

as passed by the House of Representatives (Sections 1011, 1012, 

and 1014) and reported by the Senate Committee on Armed Services (Sections 1011, 1014, and 1015). 

HAROLD ROGERS, C.W. BILL YOUNG, JERRY LEWIS, FRANK R. WOLF, JACK KINGSTON, TOM LATHAM, ROBERT B. ADERHOLT, JO ANN EMERSON, JOHN ABNEY CULBERSON, JOHN R. CARTER, JO BONNER, STEVEN C. LATOURETTE, NORMAN D. DICKS, 

ROSA L. DELAURO, 

JOHN W. OLVER, ED PASTOR, 

DAVID E. PRICE, 

SAM FARR, CHAKA FATTAH, 

ADAM B. SCHIFF, 

Managers on the Part of the House. 


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HERB KOHL, TOM HARKIN, DIANNE FEINSTEIN, TIM JOHNSON, BEN NELSON, MARK L. PRYOR, SHERROD BROWN, DANIEL K. INOUYE, PATTY MURRAY, BARBARA A. MILKULSKI, ROY BLUNT, THAD COCHRAN, MITCH MCCONNELL, SUSAN M. COLLINS, JERRY MORAN, JOHN HOEVEN, KAY BAILEY HUTCHISON, Managers on the Part of the Senate. 

Æ 


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