In the Senate of the United States, 

November 1, 2011. 

Resolved, That the bill from the House of Representatives (H.R. 2112) entitled ‘‘An Act making appropriations for 

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2012, and for other purposes.’’, do pass 

with the following 

AMENDMENTS: 

Strike out all after the enacting clause and insert 

the following: 

1 DIVISION A—AGRICULTURE, RURAL DE2 VELOPMENT, FOOD AND DRUG ADMIN3 ISTRATION, AND RELATED AGENCIES 

4 The following sums are appropriated, out of any 

5 money in the Treasury not otherwise appropriated, for Ag6 riculture, Rural Development, Food and Drug Administra7 tion, and Related Agencies programs for the fiscal year end8 ing September 30, 2012, and for other purposes, namely: 
2 

† HR 2112 EAS 

1 TITLE I 

2 AGRICULTURAL PROGRAMS 

3 PRODUCTION, PROCESSING AND MARKETING

4 OFFICE OF THE SECRETARY

5 For necessary expenses of the Office of the Secretary 

6 of Agriculture, $4,798,000: Provided, That not to exceed 

7 $11,000 of this amount shall be available for official recep8 tion and representation expenses, not otherwise provided 

9 for, as determined by the Secretary. 

10 OFFICE OF TRIBAL RELATIONS

11 For necessary expenses of the Office of Tribal Rela12 tions, $473,000, to support communication and consulta13 tion activities with Federally Recognized Tribes, as well as 

14 other requirements established by law. 

15 EXECUTIVE OPERATIONS

16 OFFICE OF THE CHIEF ECONOMIST

17 For necessary expenses of the Office of the Chief Econo18 mist, $11,408,000. 

19 NATIONAL APPEALS DIVISION

20 For necessary expenses of the National Appeals Divi21 sion, $13,514,000. 

22 OFFICE OF BUDGET AND PROGRAM ANALYSIS

23 For necessary expenses of the Office of Budget and Pro24 gram Analysis, $8,946,000. 
3 

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1 OFFICE OF HOMELAND SECURITY AND EMERGENCY

2 COORDINATION

3 For necessary expenses of the Office of Homeland Secu4 rity and Emergency Coordination, $1,421,000. 

5 OFFICE OF ADVOCACY AND OUTREACH

6 For necessary expenses of the Office of Advocacy and 

7 Outreach, $1,351,000. 

8 OFFICE OF THE CHIEF INFORMATION OFFICER

9 For necessary expenses of the Office of the Chief Infor10 mation Officer, $36,031,000. 

11 OFFICE OF THE CHIEF FINANCIAL OFFICER

12 For necessary expenses of the Office of the Chief Finan13 cial Officer, $5,935,000: Provided, That no funds made 

14 available by this appropriation may be obligated for FAIR 

15 Act or Circular A–76 activities until the Secretary has sub16 mitted to the Committees on Appropriations of both Houses 

17 of Congress and the Committee on Oversight and Govern18 ment Reform of the House of Representatives a report on 

19 the Department’s contracting out policies, including agency 

20 budgets for contracting out. 

21 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

22 RIGHTS

23 For necessary expenses of the Office of the Assistant 

24 Secretary for Civil Rights, $848,000. 
4 

† HR 2112 EAS 

1 OFFICE OF CIVIL RIGHTS

2 For necessary expenses of the Office of Civil Rights, 

3 $21,558,000. 

4 OFFICE OF THE ASSISTANT SECRETARY FOR

5 ADMINISTRATION

6 For necessary expenses of the Office of the Assistant 

7 Secretary for Administration, $764,000. 

8 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

9 PAYMENTS

10 (INCLUDING TRANSFERS OF FUNDS)

11 For payment of space rental and related costs pursu12 ant to Public Law 92–313, including authorities pursuant 

13 to the 1984 delegation of authority from the Administrator 

14 of General Services to the Department of Agriculture under 

15 40 U.S.C. 486, for programs and activities of the Depart16 ment which are included in this Act, and for alterations 

17 and other actions needed for the Department and its agen18 cies to consolidate unneeded space into configurations suit19 able for release to the Administrator of General Services, 

20 and for the operation, maintenance, improvement, and re21 pair of Agriculture buildings and facilities, and for related 

22 costs, $230,416,000, to remain available until expended, of 

23 which $164,470,000 shall be available for payments to the 

24 General Services Administration for rent; of which 

25 $13,800,000 for payment to the Department of Homeland 
5 

† HR 2112 EAS 

1 Security for building security activities; and of which 

2 $52,146,000 for buildings operations and maintenance ex3 penses: Provided, That the Secretary may use unobligated 

4 prior year balances of an agency or office that are no longer 

5 available for new obligation to cover shortfalls incurred in 

6 prior year rental payments for such agency or office: Pro7 vided further, That the Secretary is authorized to transfer 

8 funds from a Departmental agency to this account to re9 cover the full cost of the space and security expenses of that 

10 agency that are funded by this account when the actual 

11 costs exceed the agency estimate which will be available for 

12 the activities and payments described herein. 

13 HAZARDOUS MATERIALS MANAGEMENT

14 (INCLUDING TRANSFERS OF FUNDS)

15 For necessary expenses of the Department of Agri16 culture, to comply with the Comprehensive Environmental 

17 Response, Compensation, and Liability Act (42 U.S.C. 

18 9601 et seq.) and the Resource Conservation and Recovery 

19 Act (42 U.S.C. 6901 et seq.), $3,792,000, to remain avail20 able until expended: Provided, That appropriations and 

21 funds available herein to the Department for Hazardous 

22 Materials Management may be transferred to any agency 

23 of the Department for its use in meeting all requirements 

24 pursuant to the above Acts on Federal and non-Federal 

25 lands. 
6 

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1 DEPARTMENTAL ADMINISTRATION

2 (INCLUDING TRANSFERS OF FUNDS)

3 For Departmental Administration, $28,165,000, to 

4 provide for necessary expenses for management support 

5 services to offices of the Department and for general admin6 istration, security, repairs and alterations, and other mis7 cellaneous supplies and expenses not otherwise provided for 

8 and necessary for the practical and efficient work of the 

9 Department: Provided, That this appropriation shall be re10 imbursed from applicable appropriations in this Act for 

11 travel expenses incident to the holding of hearings as re12 quired by 5 U.S.C. 551–558: Provided further, That 

13 $8,000,000 of the amount made available by this heading 

14 shall be transferred to carry out the program authorized 

15 under section 14 of the Watershed Protection and Flood Pre16 vention Act (16 U.S.C. 1012). 

17 OFFICE OF THE ASSISTANT SECRETARY FOR

18 CONGRESSIONAL RELATIONS

19 (INCLUDING TRANSFERS OF FUNDS)

20 For necessary expenses of the Office of the Assistant 

21 Secretary for Congressional Relations to carry out the pro22 grams funded by this Act, including programs involving 

23 intergovernmental affairs and liaison within the executive 

24 branch, $3,676,000: Provided, That these funds may be 

25 transferred to agencies of the Department of Agriculture 
7 

† HR 2112 EAS 

1 funded by this Act to maintain personnel at the agency 

2 level: Provided further, That no funds made available by 

3 this appropriation may be obligated after 30 days from the 

4 date of enactment of this Act, unless the Secretary has noti5 fied the Committees on Appropriations of both Houses of 

6 Congress on the allocation of these funds by USDA agency: 

7 Provided further, That no other funds appropriated to the 

8 Department by this Act shall be available to the Depart9 ment for support of activities of congressional relations. 

10 OFFICE OF COMMUNICATIONS

11 For necessary expenses of the Office of Communica12 tions, $8,105,000. 

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector Gen15 eral, including employment pursuant to the Inspector Gen16 eral Act of 1978, $84,121,000, including such sums as may 

17 be necessary for contracting and other arrangements with 

18 public agencies and private persons pursuant to section 

19 6(a)(9) of the Inspector General Act of 1978, and including 

20 not to exceed $125,000 for certain confidential operational 

21 expenses, including the payment of informants, to be ex22 pended under the direction of the Inspector General pursu23 ant to Public Law 95–452 and section 1337 of Public Law 

24 97–98. 
8 

† HR 2112 EAS 

1 OFFICE OF THE GENERAL COUNSEL

2 For necessary expenses of the Office of the General 

3 Counsel, $39,345,000. 

4 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

5 EDUCATION AND ECONOMICS

6 For necessary expenses of the Office of the Under Sec7 retary for Research, Education and Economics, $848,000. 

8 ECONOMIC RESEARCH SERVICE

9 For necessary expenses of the Economic Research Serv10 ice, $77,723,000. 

11 NATIONAL AGRICULTURAL STATISTICS SERVICE

12 For necessary expenses of the National Agricultural 

13 Statistics Service, $152,616,000, of which up to $41,639,000 

14 shall be available until expended for the Census of Agri15 culture. 

16 AGRICULTURAL RESEARCH SERVICE

17 SALARIES AND EXPENSES

18 For necessary expenses of the Agricultural Research 

19 Service and for acquisition of lands by donation, exchange, 

20 or purchase at a nominal cost not to exceed $100, and for 

21 land exchanges where the lands exchanged shall be of equal 

22 value or shall be equalized by a payment of money to the 

23 grantor which shall not exceed 25 percent of the total value 

24 of the land or interests transferred out of Federal ownership, 

25 $1,094,647,000: Provided, That appropriations hereunder 
9 

† HR 2112 EAS 

1 shall be available for the operation and maintenance of air2 craft and the purchase of not to exceed one for replacement 

3 only: Provided further, That appropriations hereunder shall 

4 be available pursuant to 7 U.S.C. 2250 for the construction, 

5 alteration, and repair of buildings and improvements, but 

6 unless otherwise provided, the cost of constructing any one 

7 building shall not exceed $375,000, except for headhouses 

8 or greenhouses which shall each be limited to $1,200,000, 

9 and except for 10 buildings to be constructed or improved 

10 at a cost not to exceed $750,000 each, and the cost of alter11 ing any one building during the fiscal year shall not exceed 

12 10 percent of the current replacement value of the building 

13 or $375,000, whichever is greater: Provided further, That 

14 the limitations on alterations contained in this Act shall 

15 not apply to modernization or replacement of existing fa16 cilities at Beltsville, Maryland: Provided further, That ap17 propriations hereunder shall be available for granting ease18 ments at the Beltsville Agricultural Research Center: Pro19 vided further, That the foregoing limitations shall not apply 

20 to replacement of buildings needed to carry out the Act of 

21 April 24, 1948 (21 U.S.C. 113a): Provided further, That 

22 funds may be received from any State, other political sub23 division, organization, or individual for the purpose of es24 tablishing or operating any research facility or research 
10 

† HR 2112 EAS 

1 project of the Agricultural Research Service, as authorized 

2 by law. 

3 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

4 RESEARCH AND EDUCATION ACTIVITIES

5 For payments to agricultural experiment stations, for 

6 cooperative forestry and other research, for facilities, and 

7 for other expenses, $709,825,000, as follows: to carry out 

8 the provisions of the Hatch Act of 1887 (7 U.S.C. 361a– 

9 i), $236,334,000; for grants for cooperative forestry research 

10 (16 U.S.C. 582a through a–7), $32,934,000; for payments 

11 to eligible institutions (7 U.S.C. 3222), $50,898,000, pro12 vided that each institution receives no less than $1,000,000; 

13 for special grants (7 U.S.C. 450i(c)), $4,181,000; for com14 petitive grants on improved pest control (7 U.S.C. 450i(c)), 

15 $15,830,000; for competitive grants (7 U.S.C. 450(i)(b)), 

16 $265,987,000, to remain available until expended; for the 

17 support of animal health and disease programs (7 U.S.C. 

18 3195), $2,944,000; for supplemental and alternative crops 

19 and products (7 U.S.C. 3319d), $833,000; for grants for re20 search pursuant to the Critical Agricultural Materials Act 

21 (7 U.S.C. 178 et seq.), $1,081,000, to remain available until 

22 expended; for the 1994 research grants program for 1994 

23 institutions pursuant to section 536 of Public Law 103– 

24 382 (7 U.S.C. 301 note), $1,801,000, to remain available 

25 until expended; for rangeland research grants (7 U.S.C. 
11 

† HR 2112 EAS 

1 3333), $961,000; for higher education graduate fellowship 

2 grants (7 U.S.C. 3152(b)(6)), $3,774,000, to remain avail3 able until expended (7 U.S.C. 2209b); for a program pursu4 ant to section 1415A of the National Agricultural Research, 

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

6 3151a), $4,790,000, to remain available until expended; for 

7 higher education challenge grants (7 U.S.C. 3152(b)(1)), 

8 $5,530,000; for a higher education multicultural scholars 

9 program (7 U.S.C. 3152(b)(5)), $1,239,000, to remain 

10 available until expended (7 U.S.C. 2209b); for an education 

11 grants program for Hispanic-serving Institutions (7 U.S.C. 

12 3241), $9,219,000; for competitive grants for the purpose 

13 of carrying out all provisions of 7 U.S.C. 3156 to indi14 vidual eligible institutions or consortia of eligible institu15 tions in Alaska and in Hawaii, with funds awarded equally 

16 to each of the States of Alaska and Hawaii, $3,194,000; 

17 for a secondary agriculture education program and 2-year 

18 post-secondary education, (7 U.S.C. 3152(j)), $981,000; for 

19 aquaculture grants (7 U.S.C. 3322), $3,920,000; for sus20 tainable agriculture research and education (7 U.S.C. 

21 5811), $14,471,000; for a program of capacity building 

22 grants (7 U.S.C. 3152(b)(4)) to institutions eligible to re23 ceive funds under 7 U.S.C. 3221 and 3222, $19,336,000, 

24 to remain available until expended (7 U.S.C. 2209b); for 

25 capacity building grants for non-land-grant colleges of agri-
12 

† HR 2112 EAS 

1 culture (7 U.S.C. 3319i), $5,000,000, to remain available 

2 until expended; for competitive grants for policy research 

3 (7 U.S.C. 3155), $4,000,000, which shall be obligated within 

4 120 days of the enactment of this Act; for payments to the 

5 1994 Institutions pursuant to section 534(a)(1) of Public 

6 Law 103–382, $3,335,000; for resident instruction grants 

7 for insular areas under section 1491 of the National Agri8 cultural Research, Extension, and Teaching Policy Act of 

9 1977 (7 U.S.C. 3363), $898,000; for distance education 

10 grants for insular areas under section 1490 of the National 

11 Agricultural Research, Extension, and Teaching Policy Act 

12 of 1977 (7 U.S.C. 3362), $749,000; for a new era rural tech13 nology program pursuant to section 1473E of the National 

14 Agricultural Research, Extension, and Teaching Policy Act 

15 of 1977 (7 U.S.C. 3319e), $856,000; for a competitive grants 

16 program for farm business management and benchmarking 

17 (7 U.S.C. 5925f), $1,497,000; for a competitive grants pro18 gram regarding biobased energy (7 U.S.C. 8114), 

19 $2,246,000; and for necessary expenses of Research and 

20 Education Activities, $11,006,000, of which $2,645,000 for 

21 the Research, Education, and Economics Information Sys22 tem and $2,089,000 for the Electronic Grants Information 

23 System, are to remain available until expended. 
13 

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1 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

2 For the Native American Institutions Endowment 

3 Fund authorized by Public Law 103–382 (7 U.S.C. 301 

4 note), $11,880,000, to remain available until expended. 

5 HISPANIC-SERVING AGRICULTURAL COLLEGES AND

6 UNIVERSITIES ENDOWMENT FUND

7 For the Hispanic-Serving Agricultural Colleges and 

8 Universities Endowment Fund under section 1456 (7 

9 U.S.C. 3243) of the National Agricultural Research, Exten10 sion, and Teaching Policy Act of 1977, $10,000,000, to re11 main available until expended. 

12 EXTENSION ACTIVITIES

13 For payments to States, the District of Columbia, 

14 Puerto Rico, Guam, the Virgin Islands, Micronesia, the 

15 Northern Marianas, and American Samoa, $478,179,000, 

16 as follows: payments for cooperative extension work under 

17 the Smith-Lever Act, to be distributed under sections 3(b) 

18 and 3(c) of said Act, and under section 208(c) of Public 

19 Law 93–471, for retirement and employees’ compensation 

20 costs for extension agents, $295,800,000; payments for ex21 tension work at the 1994 Institutions under the Smith22 Lever Act (7 U.S.C. 343(b)(3)), $4,312,000; payments for 

23 the nutrition and family education program for low-income 

24 areas under section 3(d) of the Act, $67,934,000; payments 

25 for the pest management program under section 3(d) of the 
14 

† HR 2112 EAS 

1 Act, $9,918,000; payments for the farm safety program 

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

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

4 $1,660,000; payments to upgrade research, extension, and 

5 teaching facilities at institutions eligible to receive funds 

6 under 7 U.S.C. 3221 and 3222, $19,730,000, to remain 

7 available until expended; payments for youth-at-risk pro8 grams under section 3(d) of the Smith-Lever Act, 

9 $7,975,000; for youth farm safety education and certifi10 cation extension grants, to be awarded competitively under 

11 section 3(d) of the Act, $461,000; payments for carrying 

12 out the provisions of the Renewable Resources Extension Act 

13 of 1978 (16 U.S.C. 1671 et seq.), $3,929,000; payments for 

14 the federally recognized Tribes Extension Program under 

15 section 3(d) of the Smith-Lever Act, $3,039,000; payments 

16 for sustainable agriculture programs under section 3(d) of 

17 the Act, $4,696,000; payments for rural health and safety 

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

19 92–419 (7 U.S.C. 2662(i)), $1,735,000; payments for coop20 erative extension work by eligible institutions (7 U.S.C. 

21 3221), $42,592,000, provided that each institution receives 

22 no less than $1,000,000; payments to carry out the food ani23 mal residue avoidance database program as authorized by 

24 7 U.S.C. 7642, $1,000,000; payments to carry out section 

25 1672(e)(49) of the Food, Agriculture, Conservation, and 
15 

† HR 2112 EAS 

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

2 and for necessary expenses of Extension Activities, 

3 $8,388,000. 

4 INTEGRATED ACTIVITIES

5 For the integrated research, education, and extension 

6 grants programs, including necessary administrative ex7 penses, $25,948,000, as follows: for competitive grants pro8 grams authorized under section 406 of the Agricultural Re9 search, Extension, and Education Reform Act of 1998 (7 

10 U.S.C. 7626), $17,964,000, including $8,982,000 for the 

11 water quality program, $2,994,000 for regional pest man12 agement centers, $1,996,000 for the methyl bromide transi13 tion program, and $3,992,000 for the organic transition 

14 program; for a competitive international science and edu15 cation grants program authorized under section 1459A of 

16 the National Agricultural Research, Extension, and Teach17 ing Policy Act of 1977 (7 U.S.C. 3292b), to remain avail18 able until expended, $998,000; $998,000 for the regional 

19 rural development centers program; and $5,988,000 for the 

20 Food and Agriculture Defense Initiative authorized under 

21 section 1484 of the National Agricultural Research, Exten22 sion, and Teaching Policy Act of 1977, to remain available 

23 until September 30, 2013. 
16 

† HR 2112 EAS 

1 OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

2 REGULATORY PROGRAMS

3 For necessary expenses of the Office of the Under Sec4 retary for Marketing and Regulatory Programs, $848,000. 

5 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

6 SALARIES AND EXPENSES

7 (INCLUDING TRANSFERS OF FUNDS)

8 For necessary expenses of the Animal and Plant 

9 Health Inspection Service, including up to $30,000 for rep10 resentation allowances and for expenses pursuant to the 

11 Foreign Service Act of 1980 (22 U.S.C. 4085), 

12 $820,110,000, of which $1,000,000, to be available until ex13 pended, shall be available for the control of outbreaks of in14 sects, plant diseases, animal diseases and for control of pest 

15 animals and birds (‘‘contingency fund’’) to the extent nec16 essary to meet emergency conditions; of which $17,848,000, 

17 to remain available until expended, shall be used for the 

18 cotton pests program for cost share purposes or for debt re19 tirement for active eradication zones; of which $7,000,000, 

20 to remain available until expended, shall be for Animal 

21 Disease Traceability; of which $891,000 shall be for activi22 ties under the authority of the Horse Protection Act of 1970, 

23 as amended (15 U.S.C. 1831); of which $48,733,000, to re24 main available until expended, shall be used to support 

25 avian health; of which $4,474,000, to remain available until 
17 

† HR 2112 EAS 

1 expended, shall be for information technology infrastruc2 ture; of which $153,950,000, to remain available until ex3 pended, shall be for specialty crop pests; of which 

4 $9,068,000, to remain available until expended, shall be for 

5 field crop and rangeland ecosystem pests; of which 

6 $58,962,000, to remain available until expended, shall be 

7 for tree and wood pests; of which $3,568,000, to remain 

8 available until expended, shall be for the National Veteri9 nary Stockpile; of which up to $1,500,000, to remain avail10 able until expended, shall be for the scrapie program for 

11 indemnities; of which $1,000,000, to remain available until 

12 expended, shall be for wildlife services methods development; 

13 of which $1,500,000, to remain available until expended, 

14 shall be for the wildlife services damage management pro15 gram for aviation safety; and of which $5,000,000, to re16 main available until expended, shall be for the screwworm 

17 program: Provided further, That no funds shall be used to 

18 formulate or administer a brucellosis eradication program 

19 for the current fiscal year that does not require minimum 

20 matching by the States of at least 40 percent: Provided fur21 ther, That this appropriation shall be available for the oper22 ation and maintenance of aircraft and the purchase of not 

23 to exceed four, of which two shall be for replacement only: 

24 Provided further, That, in addition, in emergencies which 

25 threaten any segment of the agricultural production indus-
18 

† HR 2112 EAS 

1 try of this country, the Secretary may transfer from other 

2 appropriations or funds available to the agencies or cor3 porations of the Department such sums as may be deemed 

4 necessary, to be available only in such emergencies for the 

5 arrest and eradication of contagious or infectious disease 

6 or pests of animals, poultry, or plants, and for expenses 

7 in accordance with sections 10411 and 10417 of the Animal 

8 Health Protection Act (7 U.S.C. 8310 and 8316) and sec9 tions 431 and 442 of the Plant Protection Act (7 U.S.C. 

10 7751 and 7772), and any unexpended balances of funds 

11 transferred for such emergency purposes in the preceding 

12 fiscal year shall be merged with such transferred amounts: 

13 Provided further, That appropriations hereunder shall be 

14 available pursuant to law (7 U.S.C. 2250) for the repair 

15 and alteration of leased buildings and improvements, but 

16 unless otherwise provided the cost of altering any one build17 ing during the fiscal year shall not exceed 10 percent of 

18 the current replacement value of the building. 

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

20 fees to cover the total costs of providing technical assistance, 

21 goods, or services requested by States, other political sub22 divisions, domestic and international organizations, foreign 

23 governments, or individuals, provided that such fees are 

24 structured such that any entity’s liability for such fees is 

25 reasonably based on the technical assistance, goods, or serv-
19 

† HR 2112 EAS 

1 ices provided to the entity by the agency, and such fees shall 

2 be reimbursed to this account, to remain available until ex3 pended, without further appropriation, for providing such 

4 assistance, goods, or services. 

5 BUILDINGS AND FACILITIES

6 For plans, construction, repair, preventive mainte7 nance, environmental support, improvement, extension, al8 teration, and purchase of fixed equipment or facilities, as 

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

10 authorized by 7 U.S.C. 428a, $3,176,000, to remain avail11 able until expended. 

12 AGRICULTURAL MARKETING SERVICE

13 MARKETING SERVICES

14 For necessary expenses of the Agricultural Marketing 

15 Service, $82,211,000: Provided, That this appropriation 

16 shall be available pursuant to law (7 U.S.C. 2250) for the 

17 alteration and repair of buildings and improvements, but 

18 the cost of altering any one building during the fiscal year 

19 shall not exceed 10 percent of the current replacement value 

20 of the building. 

21 Fees may be collected for the cost of standardization 

22 activities, as established by regulation pursuant to law (31 

23 U.S.C. 9701). 
20 

† HR 2112 EAS 

1 LIMITATION ON ADMINISTRATIVE EXPENSES

2 Not to exceed $62,101,000 (from fees collected) shall be 

3 obligated during the current fiscal year for administrative 

4 expenses: Provided, That if crop size is understated and/ 

5 or other uncontrollable events occur, the agency may exceed 

6 this limitation by up to 10 percent with notification to the 

7 Committees on Appropriations of both Houses of Congress. 

8 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

9 SUPPLY (SECTION 32)

10 (INCLUDING TRANSFERS OF FUNDS)

11 Funds available under section 32 of the Act of August 

12 24, 1935 (7 U.S.C. 612c), shall be used only for commodity 

13 program expenses as authorized therein, and other related 

14 operating expenses, except for: (1) transfers to the Depart15 ment of Commerce as authorized by the Fish and Wildlife 

16 Act of August 8, 1956; (2) transfers otherwise provided in 

17 this Act; and (3) not more than $20,056,000 for formulation 

18 and administration of marketing agreements and orders 

19 pursuant to the Agricultural Marketing Agreement Act of 

20 1937 and the Agricultural Act of 1961. 

21 PAYMENTS TO STATES AND POSSESSIONS

22 For payments to departments of agriculture, bureaus 

23 and departments of markets, and similar agencies for mar24 keting activities under section 204(b) of the Agricultural 

25 Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,198,000. 
21 

† HR 2112 EAS 

1 GRAIN INSPECTION, PACKERS AND STOCKYARDS

2 ADMINISTRATION

3 SALARIES AND EXPENSES

4 For necessary expenses of the Grain Inspection, Pack5 ers and Stockyards Administration, $38,248,000: Provided, 

6 That this appropriation shall be available pursuant to law 

7 (7 U.S.C. 2250) for the alteration and repair of buildings 

8 and improvements, but the cost of altering any one building 

9 during the fiscal year shall not exceed 10 percent of the cur10 rent replacement value of the building. 

11 LIMITATION ON INSPECTION AND WEIGHING SERVICES

12 EXPENSES

13 Not to exceed $50,000,000 (from fees collected) shall be 

14 obligated during the current fiscal year for inspection and 

15 weighing services: Provided, That if grain export activities 

16 require additional supervision and oversight, or other un17 controllable factors occur, this limitation may be exceeded 

18 by up to 10 percent with notification to the Committees 

19 on Appropriations of both Houses of Congress. 

20 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

21 For necessary expenses of the Office of the Under Sec22 retary for Food Safety, $770,000. 

23 FOOD SAFETY AND INSPECTION SERVICE

24 For necessary expenses to carry out services authorized 

25 by the Federal Meat Inspection Act, the Poultry Products 
22 

† HR 2112 EAS 

1 Inspection Act, and the Egg Products Inspection Act, in2 cluding not to exceed $50,000 for representation allowances 

3 and for expenses pursuant to section 8 of the Act approved 

4 August 3, 1956 (7 U.S.C. 1766), $1,006,503,000; and in 

5 addition, $1,000,000 may be credited to this account from 

6 fees collected for the cost of laboratory accreditation as au7 thorized by section 1327 of the Food, Agriculture, Conserva8 tion and Trade Act of 1990 (7 U.S.C. 138f): Provided, That 

9 funds provided for the Public Health Data Communication 

10 Infrastructure system shall remain available until ex11 pended: Provided further, That no fewer than 148 full-time 

12 equivalent positions shall be employed during fiscal year 

13 2012 for purposes dedicated solely to inspections and en14 forcement related to the Humane Methods of Slaughter Act: 

15 Provided further, That the Food Safety and Inspection 

16 Service shall continue implementation of section 11016 of 

17 Public Law 110–246: Provided further, That this appro18 priation shall be available pursuant to law (7 U.S.C. 2250) 

19 for the alteration and repair of buildings and improve20 ments, but the cost of altering any one building during the 

21 fiscal year shall not exceed 10 percent of the current replace22 ment value of the building. 
23 

† HR 2112 EAS 

1 OFFICE OF THE UNDER SECRETARY FOR FARM AND

2 FOREIGN AGRICULTURAL SERVICES

3 For necessary expenses of the Office of the Under Sec4 retary for Farm and Foreign Agricultural Services, 

5 $848,000. 

6 FARM SERVICE AGENCY

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses of the Farm Service Agency, 

10 $1,181,781,000: Provided, That the Secretary is authorized 

11 to use the services, facilities, and authorities (but not the 

12 funds) of the Commodity Credit Corporation to make pro13 gram payments for all programs administered by the Agen14 cy: Provided further, That other funds made available to 

15 the Agency for authorized activities may be advanced to and 

16 merged with this account: Provided further, That funds 

17 made available to county committees shall remain available 

18 until expended. 

19 STATE MEDIATION GRANTS

20 For grants pursuant to section 502(b) of the Agricul21 tural Credit Act of 1987, as amended (7 U.S.C. 5101–5106), 

22 $3,759,000. 

23 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

24 For necessary expenses to carry out wellhead or 

25 groundwater protection activities under section 1240O of 
24 

† HR 2112 EAS 

1 the Food Security Act of 1985 (16 U.S.C. 3839bb–2), 

2 $3,817,000, to remain available until expended. 

3 DAIRY INDEMNITY PROGRAM

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses involved in making indemnity 

6 payments to dairy farmers and manufacturers of dairy 

7 products under a dairy indemnity program, such sums as 

8 may be necessary, to remain available until expended: Pro9 vided, That such program is carried out by the Secretary 

10 in the same manner as the dairy indemnity program de11 scribed in the Agriculture, Rural Development, Food and 

12 Drug Administration, and Related Agencies Appropria13 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 

14 12). 

15 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

16 ACCOUNT

17 (INCLUDING TRANSFERS OF FUNDS)

18 For gross obligations for the principal amount of di19 rect and guaranteed farm ownership (7 U.S.C. 1922 et seq.) 

20 and operating (7 U.S.C. 1941 et seq.) loans, Indian tribe 

21 land acquisition loans (25 U.S.C. 488), boll weevil loans 

22 (7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 

23 1924 et seq.), and Indian highly fractionated land loans 

24 (25 U.S.C. 488), to be available from funds in the Agricul25 tural Credit Insurance Fund, as follows: farm ownership 
25 

† HR 2112 EAS 

1 loans, $1,975,000,000, of which $1,500,000,000 shall be for 

2 unsubsidized guaranteed loans and $475,000,000 shall be 

3 for direct loans; operating loans, $2,519,982,000, of which 

4 $1,500,000,000 shall be for unsubsidized guaranteed loans, 

5 and $1,019,982,000 shall be for direct loans; Indian tribe 

6 land acquisition loans, $2,000,000; guaranteed conservation 

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

8 $10,000,000; and for boll weevil eradication program loans, 

9 $100,000,000: Provided, That the Secretary shall deem the 

10 pink bollworm to be a boll weevil for the purpose of boll 

11 weevil eradication program loans. 

12 For the cost of direct and guaranteed loans, including 

13 the cost of modifying loans as defined in section 502 of the 

14 Congressional Budget Act of 1974, as follows: direct farm 

15 ownership loans, $22,800,000; operating loans, 

16 $83,525,000, of which $26,100,000 shall be for unsubsidized 

17 guaranteed loans, and $57,425,000 shall be for direct loans; 

18 and Indian highly fractionated land loans, $193,000. 

19 In addition, for administrative expenses necessary to 

20 carry out the direct and guaranteed loan programs, 

21 $297,237,000, of which $289,728,000 shall be transferred to 

22 and merged with the appropriation for ‘‘Farm Service 

23 Agency, Salaries and Expenses’’. 

24 Funds appropriated by this Act to the Agricultural 

25 Credit Insurance Fund Program Account for farm owner-
26 

† HR 2112 EAS 

1 ship, operating and conservation direct loans and guaran2 teed loans may be transferred among these programs: Pro3 vided, That the Committees on Appropriations of both 

4 Houses of Congress are notified at least 15 days in advance 

5 of any transfer. 

6 RISK MANAGEMENT AGENCY

7 For necessary expenses of the Risk Management Agen8 cy, $74,900,000: Provided, That the funds made available 

9 under section 522(e) of the Federal Crop Insurance Act (7 

10 U.S.C. 1522(e)) may be used for the Common Information 

11 Management System: Provided further, That not to exceed 

12 $1,000 shall be available for official reception and represen13 tation expenses, as authorized by 7 U.S.C. 1506(i). 

14 CORPORATIONS 

15 The following corporations and agencies are hereby au16 thorized to make expenditures, within the limits of funds 

17 and borrowing authority available to each such corporation 

18 or agency and in accord with law, and to make contracts 

19 and commitments without regard to fiscal year limitations 

20 as provided by section 104 of the Government Corporation 

21 Control Act as may be necessary in carrying out the pro22 grams set forth in the budget for the current fiscal year for 

23 such corporation or agency, except as hereinafter provided. 
27 

† HR 2112 EAS 

1 FEDERAL CROP INSURANCE CORPORATION FUND

2 For payments as authorized by section 516 of the Fed3 eral Crop Insurance Act (7 U.S.C. 1516), such sums as may 

4 be necessary, to remain available until expended. 

5 COMMODITY CREDIT CORPORATION FUND

6 REIMBURSEMENT FOR NET REALIZED LOSSES

7 (INCLUDING TRANSFERS OF FUNDS)

8 For the current fiscal year, such sums as may be nec9 essary to reimburse the Commodity Credit Corporation for 

10 net realized losses sustained, but not previously reimbursed, 

11 pursuant to section 2 of the Act of August 17, 1961 (15 

12 U.S.C. 713a–11): Provided, That of the funds available to 

13 the Commodity Credit Corporation under section 11 of the 

14 Commodity Credit Corporation Charter Act (15 U.S.C. 

15 714i) for the conduct of its business with the Foreign Agri16 cultural Service, up to $5,000,000 may be transferred to 

17 and used by the Foreign Agricultural Service for informa18 tion resource management activities of the Foreign Agricul19 tural Service that are not related to Commodity Credit Cor20 poration business. 

21 HAZARDOUS WASTE MANAGEMENT

22 (LIMITATION ON EXPENSES)

23 For the current fiscal year, the Commodity Credit Cor24 poration shall not expend more than $5,000,000 for site in25 vestigation and cleanup expenses, and operations and 
28 

† HR 2112 EAS 

1 maintenance expenses to comply with the requirement of 

2 section 107(g) of the Comprehensive Environmental Re3 sponse, Compensation, and Liability Act (42 U.S.C. 

4 9607(g)), and section 6001 of the Resource Conservation 

5 and Recovery Act (42 U.S.C. 6961). 

6 TITLE II 

7 CONSERVATION PROGRAMS 

8 OFFICE OF THE UNDER SECRETARY FOR NATURAL

9 RESOURCES AND ENVIRONMENT

10 For necessary expenses of the Office of the Under Sec11 retary for Natural Resources and Environment, $848,000. 

12 NATURAL RESOURCES CONSERVATION SERVICE

13 CONSERVATION OPERATIONS

14 For necessary expenses for carrying out the provisions 

15 of the Act of April 27, 1935 (16 U.S.C. 590a–f), including 

16 preparation of conservation plans and establishment of 

17 measures to conserve soil and water (including farm irriga18 tion and land drainage and such special measures for soil 

19 and water management as may be necessary to prevent 

20 floods and the siltation of reservoirs and to control agricul21 tural related pollutants); operation of conservation plant 

22 materials centers; classification and mapping of soil; dis23 semination of information; acquisition of lands, water, and 

24 interests therein for use in the plant materials program by 

25 donation, exchange, or purchase at a nominal cost not to 
29 

† HR 2112 EAS 

1 exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 

2 428a); purchase and erection or alteration or improvement 

3 of permanent and temporary buildings; and operation and 

4 maintenance of aircraft, $828,159,000, to remain available 

5 until September 30, 2013: Provided, That appropriations 

6 hereunder shall be available pursuant to 7 U.S.C. 2250 for 

7 construction and improvement of buildings and public im8 provements at plant materials centers, except that the cost 

9 of alterations and improvements to other buildings and 

10 other public improvements shall not exceed $250,000: Pro11 vided further, That when buildings or other structures are 

12 erected on non-Federal land, that the right to use such land 

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

14 TITLE III 

15 RURAL DEVELOPMENT PROGRAMS 

16 OFFICE OF THE UNDER SECRETARY FOR RURAL

17 DEVELOPMENT

18 For necessary expenses of the Office of the Under Sec19 retary for Rural Development, $848,000. 

20 RURAL DEVELOPMENT SALARIES AND EXPENSES

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses for carrying out the adminis23 tration and implementation of programs in the Rural De24 velopment mission area, including activities with institu25 tions concerning the development and operation of agricul-
30 

† HR 2112 EAS 

1 tural cooperatives; and for cooperative agreements; 

2 $182,023,000: Provided, That notwithstanding any other 

3 provision of law, funds appropriated under this section 

4 may be used for advertising and promotional activities that 

5 support the Rural Development mission area: Provided fur6 ther, That not more than $5,000 may be expended to pro7 vide modest nonmonetary awards to non-USDA employees: 

8 Provided further, That any balances available from prior 

9 years for the Rural Utilities Service, Rural Housing Serv10 ice, and the Rural Business—Cooperative Service salaries 

11 and expenses accounts shall be transferred to and merged 

12 with this appropriation. 

13 RURAL HOUSING SERVICE

14 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

15 (INCLUDING TRANSFERS OF FUNDS)

16 For gross obligations for the principal amount of di17 rect and guaranteed loans as authorized by title V of the 

18 Housing Act of 1949, to be available from funds in the rural 

19 housing insurance fund, as follows: $24,900,000,000 for 

20 loans to section 502 borrowers, of which $900,000,000 shall 

21 be for direct loans, and of which $24,000,000,000 shall be 

22 for unsubsidized guaranteed loans; $10,000,000 for section 

23 504 housing repair loans; $64,478,000 for section 515 rental 

24 housing; $130,000,000 for section 538 guaranteed multi25 family housing loans; $10,000,000 for credit sales of single 
31 

† HR 2112 EAS 

1 family housing acquired property; and $5,000,000 for sec2 tion 523 self-help housing land development loans. 

3 For the cost of direct and guaranteed loans, including 

4 the cost of modifying loans, as defined in section 502 of 

5 the Congressional Budget Act of 1974, as follows: section 

6 502 loans, $42,570,000 shall be for direct loans; section 504 

7 housing repair loans, $1,421,000; and repair, rehabilita8 tion, and new construction of section 515 rental housing, 

9 $22,000,000: Provided, That hereafter, the Secretary may 

10 charge a guarantee fee of up to 4 percent on section 502 

11 guaranteed loans: Provided further, That to support the 

12 loan program level for section 538 guaranteed loans made 

13 available under this heading the Secretary may charge or 

14 adjust any fees to cover the projected cost of such loan guar15 antees pursuant to the provisions of the Credit Reform Act 

16 of 1990 (2 U.S.C. 661 et seq.), and the interest on such 

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

18 total amount appropriated in this paragraph, the amount 

19 equal to the amount of Rural Housing Insurance Fund Pro20 gram Account funds allocated by the Secretary for Rural 

21 Economic Area Partnership Zones for the fiscal year 2011, 

22 shall be available through June 30, 2012, for communities 

23 designated by the Secretary of Agriculture as Rural Eco24 nomic Area Partnership Zones: Provided further, That any 

25 balances for a demonstration program for the preservation 
32 

† HR 2112 EAS 

1 and revitalization of the section 515 multi-family rental 

2 housing properties as authorized by Public Law 109–97, 

3 Public Law 110–5, and Public Law 111–80 shall be trans4 ferred to and merged with the ‘‘Rural Housing Service, 

5 Multi-family Housing Revitalization Program Account’’. 

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

7 contracts, as authorized by 42 U.S.C. 1484 and 1486, 

8 $16,000,000, to remain available until expended, for direct 

9 farm labor housing loans and domestic farm labor housing 

10 grants and contracts: Provided, That any balances avail11 able for the Farm Labor Program Account shall be trans12 ferred and merged with this account. 

13 In addition, for administrative expenses necessary to 

14 carry out the direct and guaranteed loan programs, 

15 $430,800,000 shall be transferred to and merged with the 

16 appropriation for ‘‘Rural Development, Salaries and Ex17 penses’’. 

18 RENTAL ASSISTANCE PROGRAM

19 For rental assistance agreements entered into or re20 newed pursuant to the authority under section 521(a)(2) 

21 or agreements entered into in lieu of debt forgiveness or 

22 payments for eligible households as authorized by section 

23 502(c)(5)(D) of the Housing Act of 1949, $904,653,000; 

24 and, in addition, such sums as may be necessary, as author25 ized by section 521(c) of the Act, to liquidate debt incurred 
33 

† HR 2112 EAS 

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

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

3 of this amount not less than $2,000,000 is available for 

4 newly constructed units financed by section 515 of the 

5 Housing Act of 1949, and not less than $2,000,000 is for 

6 newly constructed units financed under sections 514 and 

7 516 of the Housing Act of 1949: Provided further, That 

8 rental assistance agreements entered into or renewed during 

9 the current fiscal year shall be funded for a 1-year period: 

10 Provided further, That any unexpended balances remaining 

11 at the end of such 1-year agreements may be transferred 

12 and used for the purposes of any debt reduction; mainte13 nance, repair, or rehabilitation of any existing projects; 

14 preservation; and rental assistance activities authorized 

15 under title V of the Act: Provided further, That rental as16 sistance provided under agreements entered into prior to 

17 fiscal year 2012 for a farm labor multi-family housing 

18 project financed under section 514 or 516 of the Act may 

19 not be recaptured for use in another project until such as20 sistance has remained unused for a period of 12 consecutive 

21 months, if such project has a waiting list of tenants seeking 

22 such assistance or the project has rental assistance eligible 

23 tenants who are not receiving such assistance: Provided fur24 ther, That such recaptured rental assistance shall, to the 

25 extent practicable, be applied to another farm labor multi-
34 

† HR 2112 EAS 

1 family housing project financed under section 514 or 516 

2 of the Act. 

3 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

4 ACCOUNT

5 For the rural housing voucher program as authorized 

6 under section 542 of the Housing Act of 1949, but notwith7 standing subsection (b) of such section, and for additional 

8 costs to conduct a demonstration program for the preserva9 tion and revitalization of multi-family rental housing prop10 erties described in this paragraph, $13,000,000, to remain 

11 available until expended: Provided, That of the funds made 

12 available under this heading, $11,000,000, shall be avail13 able for rural housing vouchers to any low-income household 

14 (including those not receiving rental assistance) residing in 

15 a property financed with a section 515 loan which has been 

16 prepaid after September 30, 2005: Provided further, That 

17 the amount of such voucher shall be the difference between 

18 comparable market rent for the section 515 unit and the 

19 tenant paid rent for such unit: Provided further, That funds 

20 made available for such vouchers shall be subject to the 

21 availability of annual appropriations: Provided further, 

22 That the Secretary shall, to the maximum extent prac23 ticable, administer such vouchers with current regulations 

24 and administrative guidance applicable to section 8 hous25 ing vouchers administered by the Secretary of the Depart-
35 

† HR 2112 EAS 

1 ment of Housing and Urban Development: Provided fur2 ther, That if the Secretary determines that the amount 

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

4 needed for vouchers, the Secretary may use such funds for 

5 the demonstration program for the preservation and revital6 ization of multi-family rental housing properties described 

7 in this paragraph: Provided further, That of the funds made 

8 available under this heading, $2,000,000 shall be available 

9 for a demonstration program for the preservation and revi10 talization of the sections 514, 515, and 516 multi-family 

11 rental housing properties to restructure existing USDA 

12 multi-family housing loans, as the Secretary deems appro13 priate, expressly for the purposes of ensuring the project has 

14 sufficient resources to preserve the project for the purpose 

15 of providing safe and affordable housing for low-income 

16 residents and farm laborers including reducing or elimi17 nating interest; deferring loan payments, subordinating, re18 ducing or reamortizing loan debt; and other financial as19 sistance including advances, payments and incentives (in20 cluding the ability of owners to obtain reasonable returns 

21 on investment) required by the Secretary: Provided further, 

22 That the Secretary shall as part of the preservation and 

23 revitalization agreement obtain a restrictive use agreement 

24 consistent with the terms of the restructuring: Provided fur25 ther, That if the Secretary determines that additional funds 
36 

† HR 2112 EAS 

1 for vouchers described in this paragraph are needed, funds 

2 for the preservation and revitalization demonstration pro3 gram may be used for such vouchers: Provided further, That 

4 if Congress enacts legislation to permanently authorize a 

5 multi-family rental housing loan restructuring program 

6 similar to the demonstration program described herein, the 

7 Secretary may use funds made available for the demonstra8 tion program under this heading to carry out such legisla9 tion with the prior approval of the Committees on Appro10 priations of both Houses of Congress: Provided further, That 

11 in addition to any other available funds, the Secretary may 

12 expend not more than $1,000,000 total, from the program 

13 funds made available under this heading, for administra14 tive expenses for activities funded under this heading. 

15 MUTUAL AND SELF-HELP HOUSING GRANTS

16 For grants and contracts pursuant to section 

17 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), 

18 $30,000,000, to remain available until expended: Provided, 

19 That of the total amount appropriated under this heading, 

20 the amount equal to the amount of Mutual and Self- Help 

21 Housing Grants allocated by the Secretary for Rural Eco22 nomic Area Partnership Zones for the fiscal year 2011, 

23 shall be available through June 30, 2012, for communities 

24 designated by the Secretary of Agriculture as Rural Eco25 nomic Area Partnership Zones. 
37 

† HR 2112 EAS 

1 RURAL HOUSING ASSISTANCE GRANTS

2 (INCLUDING TRANSFER OF FUNDS)

3 For grants and contracts for very low-income housing 

4 repair, supervisory and technical assistance, compensation 

5 for construction defects, and rural housing preservation 

6 made by the Rural Housing Service, as authorized by 42 

7 U.S.C. 1474, 1479(c), 1490e, and 1490m, $34,271,000, to 

8 remain available until expended: Provided, That of the total 

9 amount appropriated under this heading, the amount equal 

10 to the amount of Rural Housing Assistance Grants allo11 cated by the Secretary for Rural Economic Area Partner12 ship Zones for the fiscal year 2011, shall be available 

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

14 Secretary of Agriculture as Rural Economic Area Partner15 ship Zones: Provided further, That any balances to carry 

16 out a housing demonstration program to provide revolving 

17 loans for the preservation of low-income multi-family hous18 ing projects as authorized in Public Law 108–447 and Pub19 lic Law 109–97 shall be transferred to and merged with 

20 the ‘‘Rural Housing Service, Multi-family Housing Revital21 ization Program Account’’. 

22 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

23 (INCLUDING TRANSFERS OF FUNDS)

24 For gross obligations for the principal amount of di25 rect loans as authorized by section 306 and described in 
38 

† HR 2112 EAS 

1 section 381E(d)(1) of the Consolidated Farm and Rural De2 velopment Act, $1,300,000,000. 

3 For the cost of grants for rural community facilities 

4 programs as authorized by section 306 and described in sec5 tion 381E(d)(1) of the Consolidated Farm and Rural Devel6 opment Act, $26,274,000, to remain available until ex7 pended: Provided, That $4,242,000 of the amount appro8 priated under this heading shall be available for a Rural 

9 Community Development Initiative: Provided further, That 

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

11 ability of private, nonprofit community-based housing and 

12 community development organizations, low-income rural 

13 communities, and Federally Recognized Native American 

14 Tribes to undertake projects to improve housing, community 

15 facilities, community and economic development projects in 

16 rural areas: Provided further, That such funds shall be 

17 made available to qualified private, nonprofit and public 

18 intermediary organizations proposing to carry out a pro19 gram of financial and technical assistance: Provided fur20 ther, That such intermediary organizations shall provide 

21 matching funds from other sources, including Federal funds 

22 for related activities, in an amount not less than funds pro23 vided: Provided further, That $5,938,000 of the amount ap24 propriated under this heading shall be to provide grants 

25 for facilities in rural communities with extreme unemploy-
39 

† HR 2112 EAS 

1 ment and severe economic depression (Public Law 106– 

2 387), with up to 5 percent for administration and capacity 

3 building in the State rural development offices: Provided 

4 further, That $3,369,000 of the amount appropriated under 

5 this heading shall be available for community facilities 

6 grants to tribal colleges, as authorized by section 306(a)(19) 

7 of such Act: Provided further, That of the amount appro8 priated under this heading, the amount equal to the amount 

9 of Rural Community Facilities Program Account funds al10 located by the Secretary for Rural Economic Area Partner11 ship Zones for the fiscal year 2011, shall be available 

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

13 Secretary of Agriculture as Rural Economic Area Partner14 ship Zones for the rural community programs described in 

15 section 381E(d)(1) of the Consolidated Farm and Rural De16 velopment Act: Provided further, That sections 381E–H and 

17 381N of the Consolidated Farm and Rural Development Act 

18 are not applicable to the funds made available under this 

19 heading: Provided further, That any prior balances in the 

20 Rural Development, Rural Community Advancement Pro21 gram account for programs authorized by section 306 and 

22 described in section 381E(d)(1) of such Act be transferred 

23 and merged with this account and any other prior balances 

24 from the Rural Development, Rural Community Advance-
40 

† HR 2112 EAS 

1 ment Program account that the Secretary determines is ap2 propriate to transfer. 

3 RURAL BUSINESS—COOPERATIVE SERVICE

4 RURAL BUSINESS PROGRAM ACCOUNT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For the cost of loan guarantees and grants, for the 

7 rural business development programs authorized by sections 

8 306 and 310B and described in sections 310B(f) and 

9 381E(d)(3) of the Consolidated Farm and Rural Develop10 ment Act, $79,665,000, to remain available until expended: 

11 Provided, That of the amount appropriated under this 

12 heading, not to exceed $475,000 shall be made available for 

13 a grant to a qualified national organization to provide tech14 nical assistance for rural transportation in order to pro15 mote economic development and $2,900,000 shall be for 

16 grants to the Delta Regional Authority (7 U.S.C. 2009aa 

17 et seq.) for any Rural Community Advancement Program 

18 purpose as described in section 381E(d) of the Consolidated 

19 Farm and Rural Development Act, of which not more than 

20 5 percent may be used for administrative expenses: Pro21 vided further, That $4,000,000 of the amount appropriated 

22 under this heading shall be for business grants to benefit 

23 Federally Recognized Native American Tribes, including 

24 $250,000 for a grant to a qualified national organization 

25 to provide technical assistance for rural transportation in 
41 

† HR 2112 EAS 

1 order to promote economic development: Provided further, 

2 That of the amount appropriated under this heading, the 

3 amount equal to the amount of Rural Business Program 

4 Account funds allocated by the Secretary for Rural Eco5 nomic Area Partnership Zones for the fiscal year 2011, 

6 shall be available through June 30, 2012, for communities 

7 designated by the Secretary of Agriculture as Rural Eco8 nomic Area Partnership Zones for the rural business and 

9 cooperative development programs described in section 

10 381E(d)(3) of the Consolidated Farm and Rural Develop11 ment Act: Provided further, That sections 381E–H and 

12 381N of the Consolidated Farm and Rural Development Act 

13 are not applicable to funds made available under this head14 ing: Provided further, That any prior balances in the Rural 

15 Development, Rural Community Advancement Program ac16 count for programs authorized by sections 306 and 310B 

17 and described in sections 310B(f) and 381E(d)(3) of such 

18 Act be transferred and merged with this account and any 

19 other prior balances from the Rural Development, Rural 

20 Community Advancement Program account that the Sec21 retary determines is appropriate to transfer. 

22 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

23 (INCLUDING TRANSFER OF FUNDS)

24 For the principal amount of direct loans, as authorized 

25 by the Rural Development Loan Fund (42 U.S.C. 9812(a)), 
42 

† HR 2112 EAS 

1 $20,661,000. For the cost of direct loans, $7,000,000, as au2 thorized by the Rural Development Loan Fund (42 U.S.C. 

3 9812(a)), of which $1,000,000 shall be available through 

4 June 30, 2012, for Federally Recognized Native American 

5 Tribes and of which $2,000,000 shall be available through 

6 June 30, 2012, for Mississippi Delta Region counties (as 

7 determined in accordance with Public Law 100–460): Pro8 vided, That such costs, including the cost of modifying such 

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

10 Budget Act of 1974: Provided further, That of the total 

11 amount appropriated under this heading, the amount equal 

12 to the amount of Rural Development Loan Fund Program 

13 Account funds allocated by the Secretary for Rural Eco14 nomic Area Partnership Zones for the fiscal year 2011, 

15 shall be available through June 30, 2012, for communities 

16 designated by the Secretary of Agriculture as Rural Eco17 nomic Area Partnership Zones. 

18 In addition, for administrative expenses to carry out 

19 the direct loan programs, $4,684,000 shall be transferred 

20 to and merged with the appropriation for ‘‘Rural Develop21 ment, Salaries and Expenses’’. 
43 

† HR 2112 EAS 

1 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

2 ACCOUNT

3 (INCLUDING RESCISSION OF FUNDS)

4 For the principal amount of direct loans, as authorized 

5 under section 313 of the Rural Electrification Act, for the 

6 purpose of promoting rural economic development and job 

7 creation projects, $33,077,000. 

8 Of the funds derived from interest on the cushion of 

9 credit payments, as authorized by section 313 of the Rural 

10 Electrification Act of 1936, $155,000,000 shall not be obli11 gated and $155,000,000 are rescinded. 

12 RURAL COOPERATIVE DEVELOPMENT GRANTS

13 For rural cooperative development grants authorized 

14 under section 310B(e) of the Consolidated Farm and Rural 

15 Development Act (7 U.S.C. 1932), $27,915,000, of which 

16 $2,250,000 shall be for cooperative agreements for the ap17 propriate technology transfer for rural areas program: Pro18 vided, That not to exceed $2,938,000 shall be for grants for 

19 cooperative development centers, individual cooperatives, or 

20 groups of cooperatives that serve socially disadvantaged 

21 groups and a majority of the boards of directors or gov22 erning boards of which are comprised of individuals who 

23 are members of socially disadvantaged groups; and of which 

24 $16,005,000, to remain available until expended, shall be 

25 for value-added agricultural product market development 
44 

† HR 2112 EAS 

1 grants, as authorized by section 231 of the Agricultural 

2 Risk Protection Act of 2000 (7 U.S.C. 1621 note). 

3 RURAL ENERGY FOR AMERICA PROGRAM

4 For the cost of a program of loan guarantees and 

5 grants, under the same terms and conditions as authorized 

6 by section 9007 of the Farm Security and Rural Investment 

7 Act of 2002 (7 U.S.C. 8107), $4,500,000: Provided, That 

8 the cost of loan guarantees, including the cost of modifying 

9 such loans, shall be as defined in section 502 of the Congres10 sional Budget Act of 1974. 

11 RURAL UTILITIES SERVICE

12 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

13 (INCLUDING TRANSFERS OF FUNDS)

14 For the cost of direct loans, loan guarantees, and 

15 grants for the rural water, waste water, waste disposal, and 

16 solid waste management programs authorized by sections 

17 306, 306A, 306C, 306D, 306E, and 310B and described in 

18 sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the 

19 Consolidated Farm and Rural Development Act, 

20 $509,295,000, to remain available until expended, of which 

21 not to exceed $422,000 shall be available for the rural utili22 ties program described in section 306(a)(2)(B) of such Act, 

23 and of which not to exceed $844,000 shall be available for 

24 the rural utilities program described in section 306E of 

25 such Act: Provided, That $67,200,000 of the amount appro-
45 

† HR 2112 EAS 

1 priated under this heading shall be for loans and grants 

2 including water and waste disposal systems grants author3 ized by 306C(a)(2)(B) and 306D of the Consolidated Farm 

4 and Rural Development Act, Federally recognized Native 

5 American Tribes authorized by 306C(a)(1), and the Depart6 ment of Hawaiian Home Lands (of the State of Hawaii): 

7 Provided further, That funding provided for section 306D 

8 of the Consolidated Farm and Rural Development Act may 

9 be provided to a consortium formed pursuant to section 325 

10 of Public Law 105–83: Provided further, That not more 

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

12 of the Consolidated Farm and Rural Development Act may 

13 be used by the State of Alaska for training and technical 

14 assistance programs and not more than 2 percent of the 

15 funding provided for section 306D of the Consolidated 

16 Farm and Rural Development Act may be used by a consor17 tium formed pursuant to section 325 of Public Law 105– 

18 83 for training and technical assistance programs: Pro19 vided further, That not to exceed $19,000,000 of the amount 

20 appropriated under this heading shall be for technical as21 sistance grants for rural water and waste systems pursuant 

22 to section 306(a)(14) of such Act, unless the Secretary 

23 makes a determination of extreme need, of which $5,750,000 

24 shall be made available for a grant to a qualified non-profit 

25 multi-state regional technical assistance organization, with 
46 

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1 experience in working with small communities on water 

2 and waste water problems, the principal purpose of such 

3 grant shall be to assist rural communities with populations 

4 of 3,300 or less, in improving the planning, financing, de5 velopment, operation, and management of water and waste 

6 water systems, and of which not less than $800,000 shall 

7 be for a qualified national Native American organization 

8 to provide technical assistance for rural water systems for 

9 tribal communities: Provided further, That not to exceed 

10 $15,000,000 of the amount appropriated under this heading 

11 shall be for contracting with qualified national organiza12 tions for a circuit rider program to provide technical assist13 ance for rural water systems: Provided further, That of the 

14 amount appropriated under this heading, the amount equal 

15 to the amount of Rural Water and Waste Disposal Program 

16 Account funds allocated by the Secretary for Rural Eco17 nomic Area Partnership Zones for the fiscal year 2011, 

18 shall be available through June 30, 2012, for communities 

19 designated by the Secretary of Agriculture as Rural Eco20 nomic Area Partnership Zones for the rural utilities pro21 grams described in section 381E(d)(2) of the Consolidated 

22 Farm and Rural Development Act: Provided further, That 

23 $10,000,000 of the amount appropriated under this heading 

24 shall be transferred to, and merged with, the Rural Utilities 

25 Service, High Energy Cost Grants Account to provide 
47 

† HR 2112 EAS 

1 grants authorized under section 19 of the Rural Electrifica2 tion Act of 1936 (7 U.S.C. 918a): Provided further, That 

3 any prior year balances for high cost energy grants author4 ized by section 19 of the Rural Electrification Act of 1936 

5 (7 U.S.C. 918a) shall be transferred to and merged with 

6 the Rural Utilities Service, High Energy Costs Grants Ac7 count: Provided further, That sections 381E–H and 381N 

8 of the Consolidated Farm and Rural Development Act are 

9 not applicable to the funds made available under this head10 ing: Provided further, That any prior balances in the Rural 

11 Development, Rural Community Advancement Program ac12 count programs authorized by sections 306, 306A, 306C, 

13 306D, 306E, and 310B and described in sections 

14 306C(a)(2), 306D, 306E, and 381E(d)(2) of such Act be 

15 transferred to and merged with this account and any other 

16 prior balances from the Rural Development, Rural Commu17 nity Advancement Program account that the Secretary de18 termines is appropriate to transfer. 

19 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

20 LOANS PROGRAM ACCOUNT

21 (INCLUDING TRANSFER OF FUNDS)

22 The principal amount of direct and guaranteed loans 

23 as authorized by sections 305 and 306 of the Rural Elec24 trification Act of 1936 (7 U.S.C. 935 and 936) shall be 

25 made as follows: 5 percent rural electrification loans, 
48 

† HR 2112 EAS 

1 $100,000,000; loans made pursuant to section 306 of that 

2 Act, rural electric, $6,500,000,000; guaranteed under3 writing loans pursuant to section 313A, $424,286,000; 5 

4 percent rural telecommunications loans, $145,000,000; cost 

5 of money rural telecommunications loans, $250,000,000; 

6 and for loans made pursuant to section 306 of that Act, 

7 rural telecommunications loans, $295,000,000: Provided, 

8 That up to $2,000,000,000 may be used for the construction, 

9 acquisition, or improvement of fossil-fueled electric gener10 ating plants (whether new or existing) that utilize carbon 

11 sequestration systems. 

12 For the cost of guaranteed loans, including the cost of 

13 modifying lo ans, as defined in section 502 of the Congres14 sional Budget Act of 1974, as follows: $594,000 for guaran15 teed underwriting loans authorized by section 313A of the 

16 Rural Electrification Act of 1936 (7 U.S.C. 940c–1). 

17 In addition, for administrative expenses necessary to 

18 carry out the direct and guaranteed loan programs, 

19 $36,382,000, which shall be transferred to and merged with 

20 the appropriation for ‘‘Rural Development, Salaries and 

21 Expenses’’. 

22 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

23 PROGRAM

24 For the principal amount of broadband telecommuni25 cation loans, $282,686,000. 
49 

† HR 2112 EAS 

1 For grants for telemedicine and distance learning serv2 ices in rural areas, as authorized by 7 U.S.C. 950aaa et 

3 seq., $28,570,000, to remain available until expended: Pro4 vided, That $3,000,000 shall be made available for grants 

5 authorized by 379G of the Consolidated Farm and Rural 

6 Development Act: Provided further, That $3,000,000 shall 

7 be made available to those noncommercial educational tele8 vision broadcast stations that serve rural areas and are 

9 qualified for Community Service Grants by the Corporation 

10 for Public Broadcasting under section 396(k) of the Com11 munications Act of 1934, including associated translators 

12 and repeaters, regardless of the location of their main trans13 mitter, studio-to-transmitter links, and equipment to allow 

14 local control over digital content and programming through 

15 the use of high definition broadcast, multi-casting and 

16 datacasting technologies. 

17 For the cost of broadband loans, as authorized by sec18 tion 601 of the Rural Electrification Act, $8,000,000, to re19 main available until expended: Provided, That the cost of 

20 direct loans shall be as defined in section 502 of the Con21 gressional Budget Act of 1974. 

22 In addition, $10,372,000, to remain available until ex23 pended, for a grant program to finance broadband trans24 mission in rural areas eligible for Distance Learning and 
50 

† HR 2112 EAS 

1 Telemedicine Program benefits authorized by 7 U.S.C. 

2 950aaa. 

3 TITLE IV 

4 DOMESTIC FOOD PROGRAMS 

5 OFFICE OF THE UNDER SECRETARY FOR FOOD, 

6 NUTRITION AND CONSUMER SERVICES

7 For necessary expenses of the Office of the Under Sec8 retary for Food, Nutrition and Consumer Services, 

9 $770,000. 

10 FOOD AND NUTRITION SERVICE

11 CHILD NUTRITION PROGRAMS

12 (INCLUDING TRANSFERS OF FUNDS)

13 For necessary expenses to carry out the Richard B. 

14 Russell National School Lunch Act (42 U.S.C. 1751 et seq.), 

15 except section 21, and the Child Nutrition Act of 1966 (42 

16 U.S.C. 1771 et seq.), except sections 17 and 21; 

17 $18,151,176,000, to remain available through September 

18 30, 2013, of which such sums as are made available under 

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

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

21 shall be merged with and available for the same time period 

22 and purposes as provided herein: Provided, That the total 

23 amount available, $1,000,000 shall be available to imple24 ment section 23 of the Child Nutrition Act of 1966 (42 

25 U.S.C. 1771 et seq): Provided further, That section 
51 

† HR 2112 EAS 

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

2 2008 is amended by adding at the end before the period, 

3 ‘‘except section 21, and the Child Nutrition Act of 1966 (42 

4 U.S.C. 1771 et seq.), except sections 17 and 21’’. 

5 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

6 WOMEN, INFANTS, AND CHILDREN (WIC)

7 For necessary expenses to carry out the special supple8 mental nutrition program as authorized by section 17 of 

9 the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

10 $6,582,497,000, to remain available through September 30, 

11 2013: Provided, That notwithstanding section 17(h)(10) of 

12 the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), 

13 of the amounts made available under this heading, not less 

14 than $60,000,000 shall be used for breast-feeding peer coun15 selors and other related activities: Provided further, That 

16 funds made available for the purposes specified in section 

17 17(h)(10)(B) shall only be made available upon a deter18 mination by the Secretary that funds are available to meet 

19 caseload requirements: Provided further, That none of the 

20 funds provided in this account shall be available for the 

21 purchase of infant formula except in accordance with the 

22 cost containment and competitive bidding requirements 

23 specified in section 17 of such Act: Provided further, That 

24 none of the funds provided shall be available for activities 

25 that are not fully reimbursed by other Federal Government 
52 

† HR 2112 EAS 

1 departments or agencies unless authorized by section 17 of 

2 such Act. 

3 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

4 For necessary expenses to carry out the Food and Nu5 trition Act of 2008 (7 U.S.C. 2011 et seq.), $80,402,722,000, 

6 of which $3,000,000,000, to remain available through Sep7 tember 30, 2013, shall be placed in reserve for use only in 

8 such amounts and at such times as may become necessary 

9 to carry out program operations: Provided, That funds pro10 vided herein shall be expended in accordance with section 

11 16 of the Food and Nutrition Act of 2008: Provided further, 

12 That of the funds made available under this heading, 

13 $1,000,000 may be used to provide nutrition education serv14 ices to state agencies and Federally recognized tribes par15 ticipating in the Food Distribution Program on Indian 

16 Reservations: Provided further, That this appropriation 

17 shall be subject to any work registration or workfare re18 quirements as may be required by law: Provided further, 

19 That funds made available for Employment and Training 

20 under this heading shall remain available until expended, 

21 notwithstanding section 16(h)(1) of the Food and Nutrition 

22 Act of 2008: Provided further, That funds made available 

23 under this heading may be used to enter into contracts and 

24 employ staff to conduct studies, evaluations, or to conduct 

25 activities related to program integrity provided that such 
53 

† HR 2112 EAS 

1 activities are authorized by the Food and Nutrition Act of 

2 2008. 

3 COMMODITY ASSISTANCE PROGRAM

4 For necessary expenses to carry out disaster assistance 

5 and the Commodity Supplemental Food Program as au6 thorized by section 4(a) of the Agriculture and Consumer 

7 Protection Act of 1973 (7 U.S.C. 612c note); the Emergency 

8 Food Assistance Act of 1983; special assistance for the nu9 clear affected islands, as authorized by section 103(f)(2) of 

10 the Compact of Free Association Amendments Act of 2003 

11 (Public Law 108–188); and the Farmers’ Market Nutrition 

12 Program, as authorized by section 17(m) of the Child Nutri13 tion Act of 1966, $242,336,000, to remain available through 

14 September 30, 2013: Provided, That none of these funds 

15 shall be available to reimburse the Commodity Credit Cor16 poration for commodities donated to the program: Provided 

17 further, That notwithstanding any other provision of law, 

18 effective with funds made available in fiscal year 2011 to 

19 support the Seniors Farmers’ Market Nutrition Program, 

20 as authorized by section 4402 of the Farm Security and 

21 Rural Investment Act of 2002, such funds shall remain 

22 available through September 30, 2013: Provided further, 

23 That of the funds made available under section 27(a) of 

24 the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)), 
54 

† HR 2112 EAS 

1 the Secretary may use up to 10 percent for costs associated 

2 with the distribution of commodities. 

3 NUTRITION PROGRAMS ADMINISTRATION

4 For necessary administrative expenses of the Food and 

5 Nutrition Service for carrying out any domestic nutrition 

6 assistance program, $140,130,000: Provided, That 

7 $2,000,000 shall be used for the purposes of section 4404 

8 of Public Law 107–171, as amended by section 4401 of Pub9 lic Law 110–246. 

10 TITLE V 

11 FOREIGN ASSISTANCE AND RELATED PROGRAMS 

12 FOREIGN AGRICULTURAL SERVICE

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFERS OF FUNDS)

15 For necessary expenses of the Foreign Agricultural 

16 Service, including not to exceed $158,000 for representation 

17 allowances and for expenses pursuant to section 8 of the 

18 Act approved August 3, 1956 (7 U.S.C. 1766), 

19 $176,347,000: Provided, That the Service may utilize ad20 vances of funds, or reimburse this appropriation for expend21 itures made on behalf of Federal agencies, public and pri22 vate organizations and institutions under agreements exe23 cuted pursuant to the agricultural food production assist24 ance programs (7 U.S.C. 1737) and the foreign assistance 

25 programs of the United States Agency for International De-
55 

† HR 2112 EAS 

1 velopment: Provided further, That funds made available for 

2 middle-income country training programs and up to 

3 $2,000,000 of the Foreign Agricultural Service appropria4 tion solely for the purpose of offsetting fluctuations in inter5 national currency exchange rates, subject to documentation 

6 by the Foreign Agricultural Service, shall remain available 

7 until expended. 

8 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR

9 PROGRESS PROGRAM ACCOUNT

10 (INCLUDING TRANSFERS OF FUNDS)

11 For administrative expenses to carry out the credit 

12 program of title I, Food for Peace Act (Public Law 83– 

13 480) and the Food for Progress Act of 1985, $2,666,000, 

14 shall be transferred to and merged with the appropriation 

15 for ‘‘Farm Service Agency, Salaries and Expenses’’: Pro16 vided, That funds made available for the cost of agreements 

17 under title I of the Agricultural Trade Development and 

18 Assistance Act of 1954 and for title I ocean freight differen19 tial may be used interchangeably between the two accounts 

20 with prior notice to the Committees on Appropriations of 

21 both Houses of Congress. 

22 FOOD FOR PEACE TITLE II GRANTS

23 For expenses during the current fiscal year, not other24 wise recoverable, and unrecovered prior years’ costs, includ25 ing interest thereon, under the Food for Peace Act (Public 
56 

† HR 2112 EAS 

1 Law 83–480, as amended), for commodities supplied in 

2 connection with dispositions abroad under title II of said 

3 Act, $1,562,000,000, to remain available until expended. 

4 MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

5 AND CHILD NUTRITION PROGRAM GRANTS

6 For necessary expenses to carry out the provisions of 

7 section 3107 of the Farm Security and Rural Investment 

8 Act of 2002 (7 U.S.C. 1736o–1), $188,000,000, to remain 

9 available until expended: Provided, That the Commodity 

10 Credit Corporation is authorized to provide the services, fa11 cilities, and authorities for the purpose of implementing 

12 such section, subject to reimbursement from amounts pro13 vided herein. 

14 COMMODITY CREDIT CORPORATION EXPORT (LOANS)

15 CREDIT GUARANTEE PROGRAM ACCOUNT

16 (INCLUDING TRANSFERS OF FUNDS)

17 For administrative expenses to carry out the Com18 modity Credit Corporation’s export guarantee program, 

19 GSM 102 and GSM 103, $6,465,000; to cover common over20 head expenses as permitted by section 11 of the Commodity 

21 Credit Corporation Charter Act and in conformity with the 

22 Federal Credit Reform Act of 1990, of which $6,129,000 

23 shall be transferred to and merged with the appropriation 

24 for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, 

25 and of which $336,000 shall be transferred to and merged 
57 

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1 with the appropriation for ‘‘Farm Service Agency, Salaries 

2 and Expenses’’. 

3 TITLE VI 

4 RELATED AGENCIES AND FOOD AND DRUG 

5 ADMINISTRATION 

6 DEPARTMENT OF HEALTH AND HUMAN 

7 SERVICES 

8 FOOD AND DRUG ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Food and Drug Adminis11 tration, including hire and purchase of passenger motor ve12 hicles; for payment of space rental and related costs pursu13 ant to Public Law 92–313 for programs and activities of 

14 the Food and Drug Administration which are included in 

15 this Act; for rental of special purpose space in the District 

16 of Columbia or elsewhere; for miscellaneous and emergency 

17 expenses of enforcement activities, authorized and approved 

18 by the Secretary and to be accounted for solely on the Sec19 retary’s certificate, not to exceed $25,000; and notwith20 standing section 521 of Public Law 107–188; 

21 $3,859,402,000: Provided, That of the amount provided 

22 under this heading, $702,172,000 shall be derived from pre23 scription drug user fees authorized by 21 U.S.C. 379h shall 

24 be credited to this account and remain available until ex25 pended, and shall not include any fees pursuant to 21 
58 

† HR 2112 EAS 

1 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2013 

2 but collected in fiscal year 2012; $57,605,000 shall be de3 rived from medical device user fees authorized by 21 U.S.C. 

4 379j, and shall be credited to this account and remain 

5 available until expended; $21,768,000 shall be derived from 

6 animal drug user fees authorized by 21 U.S.C. 379j, and 

7 shall be credited to this account and remain available until 

8 expended; $5,706,000 shall be derived from animal generic 

9 drug user fees authorized by 21 U.S.C. 379f, and shall be 

10 credited to this account and shall remain available until 

11 expended; $477,000,000 shall be derived from tobacco prod12 uct user fees authorized by 21 U.S.C. 387s and shall be cred13 ited to this account and remain available until expended; 

14 $12,364,000 shall be derived from food and feed recall fees 

15 authorized by section 743 of the Federal Food, Drug, and 

16 Cosmetic Act (Public Law 75–717), as amended by the Food 

17 Safety Modernization Act (Public Law 111–353), and shall 

18 be credited to this account and remain available until ex19 pended; $14,700,000 shall be derived from food reinspection 

20 fees authorized by section 743 of the Federal Food, Drug, 

21 and Cosmetic Act (Public Law 75–717), as amended by the 

22 Food Safety Modernization Act (Public Law 111–353), and 

23 shall be credited to this account and remain available until 

24 expended; and $71,066,000 shall be derived from voluntary 

25 qualified importer program fees authorized by section 743 
59 

† HR 2112 EAS 

1 of the Federal Food, Drug, and Cosmetic Act (Public Law 

2 75–717), as amended by the Food Safety Modernization Act 

3 (Public Law 111–353), and shall be credited to this account 

4 and remain available until expended: Provided further, 

5 That in addition and notwithstanding any other provision 

6 under this heading, amounts collected for prescription drug 

7 user fees that exceed the fiscal year 2012 limitation are ap8 propriated and shall be credited to this account and remain 

9 available until expended: Provided further, That fees de10 rived from prescription drug, medical device, animal drug, 

11 animal generic drug, and tobacco product assessments for 

12 fiscal year 2012 received during fiscal year 2012, including 

13 any such fees assessed prior to fiscal year 2012 but credited 

14 for fiscal year 2012, shall be subject to the fiscal year 2012 

15 limitations: Provided further, That none of these funds shall 

16 be used to develop, establish, or operate any program of user 

17 fees authorized by 31 U.S.C. 9701: Provided further, That 

18 of the total amount appropriated: (1) $944,979,000 shall 

19 be for the Center for Food Safety and Applied Nutrition 

20 and related field activities in the Office of Regulatory Af21 fairs; (2) $978,205,000 shall be for the Center for Drug 

22 Evaluation and Research and related field activities in the 

23 Office of Regulatory Affairs, of which no less than 

24 $52,947,000 shall be available for the Office of Generic 

25 Drugs; (3) $328,886,000 shall be for the Center for Biologics 
60 

† HR 2112 EAS 

1 Evaluation and Research and for related field activities in 

2 the Office of Regulatory Affairs; (4) $166,365,000 shall be 

3 for the Center for Veterinary Medicine and for related field 

4 activities in the Office of Regulatory Affairs; (5) 

5 $356,659,000 shall be for the Center for Devices and Radio6 logical Health and for related field activities in the Office 

7 of Regulatory Affairs; (6) $60,039,000 shall be for the Na8 tional Center for Toxicological Research; (7) $454,751,000 

9 shall be for the Center for Tobacco Products and for related 

10 field activities in the Office of Regulatory Affairs; (8) not 

11 to exceed $133,879,000 shall be for Rent and Related activi12 ties, of which $43,981,000 is for White Oak Consolidation, 

13 other than the amounts paid to the General Services Ad14 ministration for rent; (9) not to exceed $209,392,000 shall 

15 be for payments to the General Services Administration for 

16 rent; and (10) $226,247,000 shall be for other activities, in17 cluding the Office of the Commissioner of Food and Drugs, 

18 the Office of Foods, the Office of Medical and Tobacco Prod19 ucts, the Office of Global and Regulatory Policy, the Office 

20 of Operations, the Office of the Chief Scientist, and central 

21 services for these offices: Provided further, That not to ex22 ceed $25,000 of this amount shall be for official reception 

23 and representation expenses, not otherwise provided for, as 

24 determined by the Commissioner: Provided further, That 

25 funds be may transferred from one specified activity to an-
61 

† HR 2112 EAS 

1 other with the prior approval of the Committees on Appro2 priations of both Houses of Congress: Provided further, That 

3 not later than 90 days after the date of enactment of this 

4 Act, the Secretary of Health and Human Services shall sub5 mit to Congress a report that discloses, with respect to all 

6 drugs, devices, and biological products approved, cleared, 

7 or licensed under the Federal Food, Drug, and Cosmetic Act 

8 or the Public Health Service Act during calendar year 

9 2011, including such drugs, devices, and biological products 

10 so approved, cleared, or licensed using funds made available 

11 under this Act: (1) the average number of calendar days 

12 that elapsed from the date that drug applications (includ13 ing any supplements) were submitted to such Secretary 

14 under section 505 of the Federal Food, Drug, and Cosmetic 

15 Act (21 U.S.C. 355) until the date that the drugs were ap16 proved under such section 505; (2) the average number of 

17 calendar days that elapsed from the date that applications 

18 for device clearance (including any supplements) under sec19 tion 510(k) of such Act (21 U.S.C. 360(k)) or for premarket 

20 approval (including any supplements) under section 515 of 

21 such Act (21 U.S.C. 360e) were submitted to such Secretary 

22 until the date that the devices were cleared under such sec23 tion 510(k) or approved under such section 515; and (3) 

24 the average number of calendar days that elapsed from the 

25 date that biological license applications (including any sup-
62 

† HR 2112 EAS 

1 plements) were submitted to such Secretary under section 

2 351 of the Public Health Service Act (42 U.S.C. 262) until 

3 the date that the biological products were licensed under 

4 such section 351. 

5 In addition, mammography user fees authorized by 42 

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

7 U.S.C. 381, and priority review user fees authorized by 21 

8 U.S.C. 360n may be credited to this account, to remain 

9 available until expended. 

10 BUILDINGS AND FACILITIES

11 For plans, construction, repair, improvement, exten12 sion, alteration, and purchase of fixed equipment or facili13 ties of or used by the Food and Drug Administration, where 

14 not otherwise provided, $8,982,000, to remain available 

15 until expended. 

16 INDEPENDENT AGENCY 

17 FARM CREDIT ADMINISTRATION

18 LIMITATION ON ADMINISTRATIVE EXPENSES

19 Not to exceed $62,000,000 (from assessments collected 

20 from farm credit institutions, including the Federal Agri21 cultural Mortgage Corporation) shall be obligated during 

22 the current fiscal year for administrative expenses as au23 thorized under 12 U.S.C. 2249: Provided, That this limita24 tion shall not apply to expenses associated with receiver25 ships. 
63 

† HR 2112 EAS 

1 TITLE VII 

2 GENERAL PROVISIONS 

3 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

4 SEC. 701. Within the unit limit of cost fixed by law, 

5 appropriations and authorizations made for the Depart6 ment of Agriculture for the current fiscal year under this 

7 Act shall be available for the purchase, in addition to those 

8 specifically provided for, of not to exceed 204 passenger 

9 motor vehicles, of which 170 shall be for replacement only, 

10 and for the hire of such vehicles. 

11 SEC. 702. The Secretary of Agriculture may transfer 

12 unobligated balances of discretionary funds appropriated 

13 by this Act or other available unobligated discretionary bal14 ances of the Department of Agriculture to the Working Cap15 ital Fund for the acquisition of plant and capital equip16 ment necessary for the delivery of financial, administrative, 

17 and information technology services of primary benefit to 

18 the agencies of the Department of Agriculture: Provided, 

19 That none of the funds made available by this Act or any 

20 other Act shall be transferred to the Working Capital Fund 

21 without the prior approval of the agency administrator: 

22 Provided further, That none of the funds transferred to the 

23 Working Capital Fund pursuant to this section shall be 

24 available for obligation without written notification to and 

25 the prior approval of the Committees on Appropriations of 
64 

† HR 2112 EAS 

1 both Houses of Congress: Provided further, That none of the 

2 funds appropriated by this Act or made available to the 

3 Department’s Working Capital Fund shall be available for 

4 obligation or expenditure to make any changes to the De5 partment’s National Finance Center without written notifi6 cation to and prior approval of the Committees on Appro7 priations of both Houses of Congress as required by section 

8 711 of this Act: Provided further, That of annual income 

9 amounts in the Working Capital Fund of the Department 

10 of Agriculture allocated for the National Finance Center, 

11 the Secretary may reserve not more than 4 percent for the 

12 replacement or acquisition of capital equipment, including 

13 equipment for the improvement and implementation of a 

14 financial management plan, information technology, and 

15 other systems of the National Finance Center or to pay any 

16 unforeseen, extraordinary cost of the National Finance Cen17 ter: Provided further, That none of the amounts reserved 

18 shall be available for obligation unless the Secretary sub19 mits written notification of the obligation to the Committees 

20 on Appropriations of the House of Representatives and the 

21 Senate: Provided further, That the limitation on the obliga22 tion of funds pending notification to Congressional Com23 mittees shall not apply to any obligation that, as deter24 mined by the Secretary, is necessary to respond to a de25 clared state of emergency that significantly impacts the op-
65 

† HR 2112 EAS 

1 erations of the National Finance Center; or to evacuate em2 ployees of the National Finance Center to a safe haven to 

3 continue operations of the National Finance Center. 

4 SEC. 703. No part of any appropriation contained in 

5 this Act shall remain available for obligation beyond the 

6 current fiscal year unless expressly so provided herein. 

7 SEC. 704. No funds appropriated by this Act may be 

8 used to pay negotiated indirect cost rates on cooperative 

9 agreements or similar arrangements between the United 

10 States Department of Agriculture and nonprofit institu11 tions in excess of 10 percent of the total direct cost of the 

12 agreement when the purpose of such cooperative arrange13 ments is to carry out programs of mutual interest between 

14 the two parties. This does not preclude appropriate pay15 ment of indirect costs on grants and contracts with such 

16 institutions when such indirect costs are computed on a 

17 similar basis for all agencies for which appropriations are 

18 provided in this Act. 

19 SEC. 705. Appropriations to the Department of Agri20 culture for the cost of direct and guaranteed loans made 

21 available in the current fiscal year shall remain available 

22 until expended to disburse obligations made in the current 

23 fiscal year for the following accounts: the Rural Develop24 ment Loan Fund program account, the Rural Electrifica-
66 

† HR 2112 EAS 

1 tion and Telecommunication Loans program account, and 

2 the Rural Housing Insurance Fund program account. 

3 SEC. 706. Hereafter, none of the funds appropriated 

4 by this Act may be used to carry out section 410 of the 

5 Federal Meat Inspection Act (21 U.S.C. 679a) or section 

6 30 of the Poultry Products Inspection Act (21 U.S.C. 471). 

7 SEC. 707. None of the funds made available to the De8 partment of Agriculture by this Act may be used to acquire 

9 new information technology systems or significant up10 grades, as determined by the Office of the Chief Information 

11 Officer, without the approval of the Chief Information Offi12 cer and the concurrence of the Executive Information Tech13 nology Investment Review Board: Provided, That notwith14 standing any other provision of law, none of the funds ap15 propriated or otherwise made available by this Act may be 

16 transferred to the Office of the Chief Information Officer 

17 without written notification to and the prior approval of 

18 the Committees on Appropriations of both Houses of Con19 gress: Provided further, That none of the funds available 

20 to the Department of Agriculture for information technology 

21 shall be obligated for projects over $25,000 prior to receipt 

22 of written approval by the Chief Information Officer. 

23 SEC. 708. Funds made available under section 1240I 

24 and section 1241(a) of the Food Security Act of 1985 and 

25 section 524(b) of the Federal Crop Insurance Act (7 U.S.C. 
67 

† HR 2112 EAS 

1 1524(b)) in the current fiscal year shall remain available 

2 until expended to disburse obligations made in the current 

3 fiscal year. 

4 SEC. 709. Hereafter, notwithstanding any other provi5 sion of law, any former RUS borrower that has repaid or 

6 prepaid an insured, direct or guaranteed loan under the 

7 Rural Electrification Act, or any not-for-profit utility that 

8 is eligible to receive an insured or direct loan under such 

9 Act, shall be eligible for assistance under section 

10 313(b)(2)(B) of such Act in the same manner as a borrower 

11 under such Act. 

12 SEC. 710. Notwithstanding any other provision of law, 

13 for the purposes of a grant under section 412 of the Agricul14 tural Research, Extension, and Education Reform Act of 

15 1998, none of the funds in this or any other Act may be 

16 used to prohibit the provision of in-kind support from non17 Federal sources under section 412(e)(3) in the form of unre18 covered indirect costs not otherwise charged against the 

19 grant, consistent with the indirect rate of cost approved for 

20 a recipient. 

21 SEC. 711. Except as otherwise specifically provided by 

22 law, unobligated balances remaining available at the end 

23 of the fiscal year from appropriations made available for 

24 salaries and expenses in this Act for the Farm Service Agen25 cy and the Rural Development mission area, shall remain 
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1 available through September 30, 2013, for information tech2 nology expenses. 

3 SEC. 712. The Secretary of Agriculture may authorize 

4 a State agency to use funds provided in this Act to exceed 

5 the maximum amount of liquid infant formula specified in 

6 7 C.F.R. 246.10 when issuing liquid infant formula to par7 ticipants. 

8 SEC. 713. No employee of the Department of Agri9 culture may be detailed or assigned from an agency or office 

10 funded by this Act or any other Act to any other agency 

11 or office of the Department for more than 30 days unless 

12 the individual’s employing agency or office is fully reim13 bursed by the receiving agency or office for the salary and 

14 expenses of the employee for the period of assignment. 

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

16 amended by the Food, Conservation, and Energy Act of 

17 2008 (Public Law 110–246), other than by title I or subtitle 

18 A of title III of such Act, or programs for which indefinite 

19 amounts were provided in that Act that is authorized or 

20 required to be carried out using funds of the Commodity 

21 Credit Corporation— 

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

23 related administrative expenses, including technical 

24 assistance, associated with the implementation of the 

25 program, without regard to the limitation on the total 
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1 amount of allotments and fund transfers contained in 

2 section 11 of the Commodity Credit Corporation 

3 Charter Act (15 U.S.C. 714i); and 

4 (2) the use of such funds for such purpose shall 

5 not be considered to be a fund transfer or allotment 

6 for purposes of applying the limitation on the total 

7 amount of allotments and fund transfers contained in 

8 such section. 

9 SEC. 715. Funds provided by this Act may be used 

10 notwithstanding the requirements of 7 U.S.C. 1736f(e)(1). 

11 SEC. 716. None of the funds made available by this 

12 or any other Act may be used to close or relocate a Rural 

13 Development office unless or until the Secretary of Agri14 culture determines the cost effectiveness and/or enhancement 

15 of program delivery or that the closing or relocation would 

16 result in cost savings: Provided, That not later than 120 

17 days before the date of the proposed closure or relocation, 

18 the Secretary notifies in writing the Committees on Appro19 priation of the House and Senate, and the members of Con20 gress from the State in which the office is located of the 

21 proposed closure or relocation and provides a report that 

22 describes the justifications for such closures and relocations. 

23 SEC. 717. Appropriations to the Department of Agri24 culture made available in fiscal years 2005, 2006, and 2007 

25 to carry out section 601 of the Rural Electrification Act 
70 

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1 of 1936 (7 U.S.C. 950bb) for the cost of direct loans shall 

2 remain available until expended to disburse valid obliga3 tions. 

4 SEC. 718. None of the funds made available in fiscal 

5 year 2012 or preceding fiscal years for programs authorized 

6 under the Food for Peace Act (7 U.S.C. 1691 et seq.) in 

7 excess of $20,000,000 shall be used to reimburse the Com8 modity Credit Corporation for the release of eligible com9 modities under section 302(f)(2)(A) of the Bill Emerson 

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

11 That any such funds made available to reimburse the Com12 modity Credit Corporation shall only be used pursuant to 

13 section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian 

14 Trust Act. 

15 SEC. 719. Of the funds made available by this Act, not 

16 more than $1,800,000 shall be used to cover necessary ex17 penses of activities related to all advisory committees, pan18 els, commissions, and task forces of the Department of Agri19 culture, except for panels used to comply with negotiated 

20 rule makings and panels used to evaluate competitively 

21 awarded grants. 

22 SEC. 720. Notwithstanding any other provision of law, 

23 school food authorities which received a grant for equipment 

24 assistance under the grant program carried out pursuant 

25 to the heading ‘‘Food and Nutrition Service Child Nutrition 
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1 Programs’’ in title I of division A of the American Recovery 

2 and Reinvestment Act of 2009 (Public Law 111–5) shall 

3 be eligible to receive a grant under section 749 (j) of the 

4 Agriculture, Rural Development, Food and Drug Adminis5 tration, and Related Agencies Appropriations Act, 2010 

6 (Public Law 111–80). 

7 SEC. 721. There is hereby appropriated $1,996,000 to 

8 carry out section 1621 of Public Law 110–246. 

9 SEC. 722. There is hereby appropriated $600,000 to 

10 the Farm Service Agency to carry out a pilot program to 

11 demonstrate the use of new technologies that increase the 

12 rate of growth of re-forested hardwood trees on private non13 industrial forests lands, enrolling lands on the coast of the 

14 Gulf of Mexico that were damaged by Hurricane Katrina 

15 in 2005. 

16 SEC. 723. (a) None of the funds provided by this Act, 

17 or provided by previous Appropriations Acts to the agencies 

18 funded by this Act that remain available for obligation or 

19 expenditure in the current fiscal year, or provided from any 

20 accounts in the Treasury of the United States derived by 

21 the collection of fees available to the agencies funded by this 

22 Act, shall be available for obligation or expenditure through 

23 a reprogramming of funds, or in the case of the Department 

24 of Agriculture, through use of the authority provided by sec25 tion 702(b) of the Department of Agriculture Organic Act 
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1 of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89– 

2 106 (7 U.S.C. 2263), that— 

3 (1) creates new programs; 

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

5 (3) increases funds or personnel by any means 

6 for any project or activity for which funds have been 

7 denied or restricted; 

8 (4) relocates an office or employees; 

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

10 (6) contracts out or privatizes any functions or 

11 activities presently performed by Federal employees; 

12 unless the Secretary of Agriculture or the Secretary of 

13 Health and Human Services (as the case may be) no14 tifies, in writing, the Committees on Appropriations 

15 of both Houses of Congress at least 30 days in ad16 vance of the reprogramming of such funds or the use 

17 of such authority. 

18 (b) None of the funds provided by this Act, or provided 

19 by previous Appropriations Acts to the agencies funded by 

20 this Act that remain available for obligation or expenditure 

21 in the current fiscal year, or provided from any accounts 

22 in the Treasury of the United States derived by the collec23 tion of fees available to the agencies funded by this Act, 

24 shall be available for obligation or expenditure for activi25 ties, programs, or projects through a reprogramming or use 
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1 of the authorities referred to in subsection (a) involving 

2 funds in excess of $500,000 or 10 percent, whichever is less, 

3 that: 

4 (1) augments existing programs, projects, or ac5 tivities; 

6 (2) reduces by 10 percent funding for any exist7 ing program, project, or activity, or numbers of per8 sonnel by 10 percent as approved by Congress; or 

9 (3) results from any general savings from a re10 duction in personnel which would result in a change 

11 in existing programs, activities, or projects as ap12 proved by Congress; unless the Secretary of Agri13 culture or the Secretary of Health and Human Serv14 ices (as the case may be) notifies, in writing, the 

15 Committees on Appropriations of both Houses of Con16 gress at least 30 days in advance of the reprogram17 ming of such funds or the use of such authority. 

18 (c) The Secretary of Agriculture or the Secretary of 

19 Health and Human Services shall notify in writing the 

20 Committees on Appropriations of both Houses of Congress 

21 before implementing any program or activity not carried 

22 out during the previous fiscal year unless the program or 

23 activity is funded by this Act or specifically funded by any 

24 other Act. 
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1 (d) As described in this section, no funds may be used 

2 for any activities unless the Secretary of Agriculture or the 

3 Secretary of Health and Human Services receives in writ4 ing from the Committee on Appropriations of both Houses 

5 of Congress confirmation of receipt of the notification re6 quired in this section. 

7 SEC. 724. None of the funds appropriated by this or 

8 any other Act shall be used to pay the salaries and expenses 

9 of personnel who prepare or submit appropriations lan10 guage as part of the President’s Budget submission to the 

11 Congress of the United States for programs under the juris12 diction of the Appropriations Subcommittees on Agri13 culture, Rural Development, Food and Drug Administra14 tion, and Related Agencies that assumes revenues or reflects 

15 a reduction from the previous year due to user fees pro16 posals that have not been enacted into law prior to the sub17 mission of the Budget unless such Budget submission identi18 fies which additional spending reductions should occur in 

19 the event the user fees proposals are not enacted prior to 

20 the date of the convening of a committee of conference for 

21 the fiscal year 2013 appropriations Act. 

22 SEC. 725. The Secretary may reserve, through April 

23 1, 2012, up to 5 percent of the funding available for the 

24 following items for projects in areas that are engaged in 

25 strategic regional development planning as defined by the 
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1 Secretary: business and industry guaranteed loans; rural 

2 development loan fund; rural business enterprise grants; 

3 rural business opportunity grants; rural economic develop4 ment program; rural microenterprise program; biorefinery 

5 assistance program; rural energy for America program; 

6 value-added producer grants; broadband program; water 

7 and waste program; and rural community facilities pro8 gram. 

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

10 made available by this or any other Act shall be used to 

11 pay the salaries and expenses of personnel to carry out the 

12 following: 

13 (1) The Conservation Stewardship Program au14 thorized by sections 1238D–1238G of the Food Secu15 rity of Act 1985 (16 U.S.C. 3838d–3838g) in excess 

16 of $809,000,000; 

17 (2) The Watershed Rehabilitation program au18 thorized by section 14(h) of the Watershed Protection 

19 and Flood Prevention Act (16 U.S.C. 1012(h)); 

20 (3) The Environmental Quality Incentives Pro21 gram as authorized by sections 1240–1240H of the 

22 Food Security Act of 1985 (16 U.S.C. 3839aa– 

23 3839aa–8) in excess of $1,400,000,000: Provided, 

24 That up to $20,000,000 of the funds made available 

25 for the Environmental Quality Incentives Program as 
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1 authorized by sections 1240–1240H of the Food Secu2 rity Act of 1985 (16 U.S.C. 3839aa–3839aa(8)) may 

3 be transferred to a program as authorized by 16 

4 U.S.C. 1301–1311 to enroll agricultural lands that 

5 experienced significant flooding, as determined by the 

6 Secretary, in calendar year 2011: Provided further, 

7 That no more than $10,000,000 may be used for 

8 agreements entered into with owners or operators in 

9 any one State; 

10 (4) The Farmland Protection Program as au11 thorized by section 1238I of the Food Security Act of 

12 1985 (16 U.S.C. 3838i) in excess of $150,000,000; 

13 (5) The Grassland Reserve Program as author14 ized by sections 1238O–1238Q of the Food Security 

15 Act of 1985 (16 U.S.C. 3838o–3838q) in excess of 

16 140,907 acres in fiscal year 2012; 

17 (6) The Wetlands Reserve Program authorized by 

18 sections 1237–1237F of the Food Security Act of 1985 

19 (16 U.S.C. 3837–3837f) to enroll in excess of 185,800 

20 acres in fiscal year 2012; 

21 (7) The Wildlife Habitat Incentives Act author22 ized by section 1240N of the Food Security Act of 

23 1985 (16 U.S.C. 3839bb–1)) in excess of $50,000,000; 
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1 (8) The Voluntary Public Access and Habitat In2 centives Program authorized by section 1240R of the 

3 Food Security Act of 1985 (16 U.S.C. 3839bb–5); 

4 (9) The Bioenergy Program for Advanced 

5 Biofuels authorized by section 9005 of the Farm Secu6 rity and Rural Investment Act of 2002 (7 U.S.C. 

7 8105) in excess of $75,000,000; 

8 (10) The Rural Energy for America Program 

9 authorized by section 9007 of the Farm Security and 

10 Rural Investment Act of 2002 (7 U.S.C. 8107) in ex11 cess of $34,000,000; 

12 (11) Section 508(d)(3) of the Federal Crop In13 surance Act (7 U.S.C. 1508(d)(3)) to provide a per14 formance-based premium discount in the crop insur15 ance program; 

16 (12) Agricultural Management Assistance Pro17 gram as authorized by section 524 of the Federal 

18 Crop Insurance Act, as amended (7 U.S.C. 1524) in 

19 excess of $2,500,000 for the Natural Resources Con20 servation Service; and 

21 (13) A program under subsection (b)(2)(A)(iv) of 

22 section 14222 of Public Law 110–246 in excess of 

23 $948,000,000, as follows: Child Nutrition Programs 

24 Entitlement Commodities—$465,000,000; State Op25 tion Contracts—$5,000,000; Removal of Defective 
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1 Commodities—$2,500,000: Provided, That none of the 

2 funds made available in this Act or any other Act 

3 shall be used for salaries and expenses to carry out 

4 section 19(i)(1)(E) of the Richard B. Russell National 

5 School Lunch Act as amended by section 4304 of Pub6 lic Law 110–246 in excess of $20,000,000, including 

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

8 14222 of Public Law 110–246, until October 1, 2012: 

9 Provided further, That $133,000,000 made available 

10 on October 1, 2012, to carry out section 19(i)(1)(E) 

11 of the Richard B. Russell National School Lunch Act 

12 as amended by section 4304 of Public Law 110–246 

13 shall be excluded from the limitation described in sub14 section (b)(2)(A)(v) of section 14222 of Public Law 

15 110–246: Provided further, That none of the funds ap16 propriated or otherwise made available by this or any 

17 other Act shall be used to pay the salaries or expenses 

18 of any employee of the Department of Agriculture or 

19 officer of the Commodity Credit Corporation to carry 

20 out clause 3 of section 32 of the Agricultural Adjust21 ment Act of 1935 (Public Law 74–320, 7 U.S.C. 612c, 

22 as amended), or for any surplus removal activities or 

23 price support activities under section 5 of the Com24 modity Credit Corporation Charter Act: Provided fur25 ther, That of the available unobligated balances under 
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1 (b)(2)(A)(iv) of section 14222 of Public Law 110–246, 

2 $150,000,000 are hereby rescinded. 

3 SEC. 727. Hereafter, notwithstanding section 

4 310B(g)(5) of the Consolidated Farm and Rural Develop5 ment Act (7 U.S.C. 1932(g)(5)), the Secretary may assess 

6 a one-time fee for any guaranteed business and industry 

7 loan in an amount that does not exceed 3 percent of the 

8 guaranteed principal portion of the loan. 

9 SEC. 728. None of the funds appropriated or otherwise 

10 made available to the Department of Agriculture or the 

11 Food and Drug Administration shall be used to transmit 

12 or otherwise make available to any non-Department of Ag13 riculture or non-Department of Health and Human Serv14 ices employee questions or responses to questions that are 

15 a result of information requested for the appropriations 

16 hearing process. 

17 SEC. 729. (a) Clause (ii) of section 524(b)(4)(B) of the 

18 Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is 

19 amended— 

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

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

22 and 

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

24 ‘‘2014’’. 
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1 (b) Section 1238E(a) of the Food Security Act of 1985 

2 (16 U.S.C. 3838e(a)) is amended by striking ‘‘2012’’ and 

3 inserting ‘‘2014’’. 

4 (c) Section 1240B(a) of the Food Security Act of 1985 

5 (16 U.S.C. 3839aa–2(a)) is amended by striking ‘‘2012’’ 

6 and inserting ‘‘2014’’. 

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

8 1985 (16 U.S.C. 3841(a)(6)(E)) is amended by striking 

9 ‘‘fiscal year 2012’’ and inserting ‘‘each of fiscal years 2012 

10 through 2014’’. 

11 (e) Section 1241(a) of the Food Security Act of 1985 

12 (16 U.S.C. 3841(a)) is amended— 

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

14 striking ‘‘2012,’’ and inserting ‘‘2012 (and fiscal year 

15 2014 in the case of the programs specified in para16 graphs (3)(B), (4), (6), and (7)),’’; and 

17 (2) in paragraph (4)(E), by striking ‘‘fiscal year 

18 2012’’ and inserting ‘‘each of fiscal years 2012 

19 through 2014’’. 

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

21 1985 (16 U.S.C. 3841(a)(7)(D)) is amended by striking 

22 ‘‘2012’’ and inserting ‘‘2014’’. 

23 SEC. 730. Any unobligated funds included under 

24 Treasury symbol codes 12X3336, 12X2268, 12X0132, 
81 

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1 12X2271, 12X2277, 12X1404, 12X1501, and 12X1336 are 

2 hereby rescinded. 

3 SEC. 731. Of the unobligated balances provided pursu4 ant to section 16(h)(1)(A) of the Food and Nutrition Act 

5 of 2008, $11,000,000 are hereby rescinded. 

6 SEC. 732. There is hereby appropriated for the ‘‘Emer7 gency Conservation Program’’, for expenses resulting from 

8 a major disaster designation pursuant to the Robert T. 

9 Stafford Disaster Relief and Emergency Assistance Act (42 

10 U.S.C. 5122(2)), $78,000,000, to remain available until ex11 pended: Provided, That this amount is designated by Con12 gress as being for disaster relief pursuant to section 

13 251(b)(2)(D) of the Balanced Budget and Emergency Def14 icit Control Act of 1985 (Public Law 99–177), as amended: 

15 Provided further, That there is hereby appropriated for the 

16 ‘‘Emergency Forest Restoration Program’’, for expenses re17 sulting from a major disaster designation pursuant to the 

18 Robert T. Stafford Disaster Relief and Emergency Assist19 ance Act (42 U.S.C. 5122(2)), $49,000,000, to remain avail20 able until expended: Provided further, That this amount is 

21 designated by Congress as being for disaster relief pursuant 

22 to section 251(b)(2)(D) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985 (Public Law 99–177), 

24 as amended: Provided further, That there is hereby appro25 priated for the ‘‘Emergency Watershed Protection Pro-
82 

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1 gram’’, for expenses resulting from a major disaster des2 ignation pursuant to the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5122(2)), 

4 $139,000,000, to remain available until expended: Provided 

5 further, That this amount is designated by Congress as 

6 being for disaster relief pursuant to section 251(b)(2)(D) 

7 of the Balanced Budget and Emergency Deficit Control Act 

8 of 1985 (Public Law 99–177), as amended. 

9 SEC. 733. (a) Notwithstanding any other provision of 

10 this Act— 

11 (1) the amount provided under section 732 for 

12 the emergency conservation program for expenses re13 sulting from a major disaster designation pursuant to 

14 the Robert T. Stafford Disaster Relief and Emergency 

15 Assistance Act (42 U.S.C. 5122(2)) is increased by 

16 $48,700,000; and 

17 (2) the amount provided under section 732 for 

18 the emergency watershed protection program for ex19 penses resulting from a major disaster designation 

20 pursuant to the Robert T. Stafford Disaster Relief 

21 and Emergency Assistance Act (42 U.S.C. 5122(2)) is 

22 increased by $61,200,000. 

23 (b) The additional amounts provided under subsection 

24 (a)— 
83 

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1 (1) are designated by Congress as being for dis2 aster relief pursuant to section 251(b)(2)(D) of the 

3 Balanced Budget and Emergency Deficit Control Act 

4 of 1985 (2 U.S.C. 901(b)(2)(D)); 

5 (2) are subject to the same terms and conditions 

6 as any other amounts provided under section 732 for 

7 the same purposes; and 

8 (3) shall remain available until expended. 

9 SEC. 734. Unobligated balances not to exceed 

10 $31,000,000 for the ‘‘Emergency Watershed Protection Pro11 gram’’ provided in Public Law 108–199, Public Law 109– 

12 234, and Public Law 110–28 shall be available for the pur13 poses of such program for disasters occurring in 2011, and 

14 shall remain available until expended: Provided, That the 

15 amounts made available by this section are designated by 

16 Congress as being for an emergency requirement pursuant 

17 to section 251(b)(2)(A)(i) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985 (Public Law 99– 

19 177), as amended. 

20 SEC. 735. None of the funds made available by this 

21 Act may be used to implement an interim final or final 

22 rule that— 

23 (1) sets any maximum limits on the serving of 

24 vegetables in school meal programs established under 

25 the Richard B. Russell National School Lunch Act 
84 

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1 (42 U.S.C. 1751 et seq.) and by section 4 of the Child 

2 Nutrition Act of 1966 (42 U.S.C. 1773); or 

3 (2) is inconsistent with the recommendations of 

4 the most recent Dietary Guidelines for Americans for 

5 vegetables. 

6 SEC. 736. For fiscal year 2012, section 363 of the Con7 solidated Farm and Rural Development Act (7 U.S.C. 

8 2006e) shall not apply to a project funded under the com9 munity facilities programs authorized under such Act. 

10 SEC. 737. Not later than 30 days after the date of en11 actment of this Act, the Secretary of Agriculture shall sub12 mit to the Committee on Appropriations of the House of 

13 Representatives and the Committee on Appropriations of 

14 the Senate a report describing plans to implement reduc15 tions to salaries and expenses accounts included in this Act. 

16 SEC. 738. None of the funds made available by this 

17 Act may be used by the Secretary of Agriculture to provide 

18 direct payments under section 1103 or 1303 of the Food, 

19 Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 

20 8753) to any person or legal entity that has an average 

21 adjusted gross income (as defined in section 1001D of the 

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

23 of $1,000,000. 
85 

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1 This Act may be cited as the ‘‘Agriculture, Rural De2 velopment, Food and Drug Administration, and Related 

3 Agencies Appropriations Act, 2012’’. 

4 DIVISION B—COMMERCE, JUSTICE, 

5 SCIENCE, AND RELATED AGENCIES 

6 The following sums are appropriated, out of any 

7 money in the Treasury not otherwise appropriated, for De8 partments of Commerce and Justice, and Science, and Re9 lated Agencies for the fiscal year ending September 30, 

10 2012, and for other purposes, namely: 

11 TITLE I 

12 DEPARTMENT OF COMMERCE 

13 INTERNATIONAL TRADE ADMINISTRATION

14 OPERATIONS AND ADMINISTRATION

15 For necessary expenses for international trade activi16 ties of the Department of Commerce provided for by law, 

17 and for engaging in trade promotional activities abroad, 

18 including expenses of grants and cooperative agreements for 

19 the purpose of promoting exports of United States firms, 

20 without regard to 44 U.S.C. 3702 and 3703; full medical 

21 coverage for dependent members of immediate families of 

22 employees stationed overseas and employees temporarily 

23 posted overseas; travel and transportation of employees of 

24 the International Trade Administration between two points 

25 abroad, without regard to 49 U.S.C. 40118; employment of 
86 

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1 Americans and aliens by contract for services; rental of 

2 space abroad for periods not exceeding 10 years, and ex3 penses of alteration, repair, or improvement; purchase or 

4 construction of temporary demountable exhibition struc5 tures for use abroad; payment of tort claims, in the manner 

6 authorized in the first paragraph of 28 U.S.C. 2672 when 

7 such claims arise in foreign countries; not to exceed 

8 $245,250 for official representation expenses abroad; pur9 chase of passenger motor vehicles for official use abroad, not 

10 to exceed $45,000 per vehicle; obtaining insurance on offi11 cial motor vehicles; and rental of tie lines, $441,104,000, 

12 to remain available until September 30, 2013, of which 

13 $9,439,000 is to be derived from fees to be retained and used 

14 by the International Trade Administration, notwith15 standing 31 U.S.C. 3302: Provided further, That the provi16 sions of the first sentence of section 105(f) and all of section 

17 108(c) of the Mutual Educational and Cultural Exchange 

18 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 

19 in carrying out these activities without regard to section 

20 5412 of the Omnibus Trade and Competitiveness Act of 

21 1988 (15 U.S.C. 4912); and that for the purpose of this 

22 Act, contributions under the provisions of the Mutual Edu23 cational and Cultural Exchange Act of 1961 shall include 

24 payment for assessments for services provided as part of 

25 these activities: Provided further, That up to $2,500,000 
87 

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1 from amounts provided herein may be available for nec2 essary expenses of the Commercial Law Development Pro3 gram, including those authorized under section 636(a) of 

4 the Foreign Assistance Act of 1961 (22 U.S.C. 2396(a)). 

5 BUREAU OF INDUSTRY AND SECURITY

6 OPERATIONS AND ADMINISTRATION

7 For necessary expenses for export administration and 

8 national security activities of the Department of Commerce, 

9 including costs associated with the performance of export 

10 administration field activities both domestically and 

11 abroad; full medical coverage for dependent members of im12 mediate families of employees stationed overseas; employ13 ment of Americans and aliens by contract for services 

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

15 in the first paragraph of 28 U.S.C. 2672 when such claims 

16 arise in foreign countries; not to exceed $11,250 for official 

17 representation expenses abroad; awards of compensation to 

18 informers under the Export Administration Act of 1979, 

19 and as authorized by 22 U.S.C. 401(b); and purchase of 

20 passenger motor vehicles for official use and motor vehicles 

21 for law enforcement use with special requirement vehicles 

22 eligible for purchase without regard to any price limitation 

23 otherwise established by law, $98,138,000, to remain avail24 able until expended, of which $31,279,000 shall be for in25 spections and other activities related to national security: 
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1 Provided, That the provisions of the first sentence of section 

2 105(f) and all of section 108(c) of the Mutual Educational 

3 and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 

4 2458(c)) shall apply in carrying out these activities: Pro5 vided further, That payments and contributions collected 

6 and accepted for materials or services provided as part of 

7 such activities may be retained for use in covering the cost 

8 of such activities, and for providing information to the pub9 lic with respect to the export administration and national 

10 security activities of the Department of Commerce and other 

11 export control programs of the United States and other gov12 ernments. 

13 ECONOMIC DEVELOPMENT ADMINISTRATION

14 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

15 For grants for economic development assistance as pro16 vided by the Public Works and Economic Development Act 

17 of 1965, for trade adjustment assistance, and for grants au18 thorized by section 27 of the Stevenson-Wydler Technology 

19 Innovation Act of 1980 (15 U.S.C. 3701 et seq.), as added 

20 by section 603 of the America COMPETES Reauthorization 

21 Act of 2010 (Public Law 111–358), $220,000,000, to remain 

22 available until expended, of which $1,000,000 shall be for 

23 economic adjustment assistance grants under section 209 of 

24 the Public Works and Economic Development Act of 1965 
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1 (42 U.S.C. 3149) to support innovative, utility-adminis2 tered energy efficiency programs for small businesses. 

3 For an additional amount for ‘‘Economic Development 

4 Assistance Programs’’ for expenses related to disaster relief, 

5 long-term recovery, and restoration of infrastructure in 

6 areas that received a major disaster designation in 2011 

7 pursuant to the Robert T. Stafford Disaster Relief and 

8 Emergency Assistance Act (42 U.S.C. 5122(2)), 

9 $135,000,000, to remain available until expended: Pro10 vided, That such amount is designated by Congress as being 

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

12 Balanced Budget and Emergency Deficit Control Act of 

13 1985 (Public Law 99–177), as amended. 

14 For an additional amount for ‘‘Economic Development 

15 Assistance Programs’’ for expenses related to disaster relief, 

16 long-term recovery, and restoration of infrastructure in 

17 areas that received a major disaster designation in 2011 

18 pursuant to the Robert T. Stafford Disaster Relief and 

19 Emergency Assistance Act (42 U.S.C. 5122(2)), 

20 $365,000,000, to remain available until expended: Pro21 vided, That such amount is designated by Congress as being 

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

23 Balanced Budget and Emergency Deficit Control Act of 

24 1985 (Public Law 99–177), as amended. 
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1 SALARIES AND EXPENSES

2 For necessary expenses of administering the economic 

3 development assistance programs as provided for by law, 

4 $37,166,000: Provided, That these funds may be used to 

5 monitor projects approved pursuant to title I of the Public 

6 Works Employment Act of 1976, title II of the Trade Act 

7 of 1974, and the Community Emergency Drought Relief Act 

8 of 1977. 

9 MINORITY BUSINESS DEVELOPMENT AGENCY

10 MINORITY BUSINESS DEVELOPMENT

11 For necessary expenses of the Department of Commerce 

12 in fostering, promoting, and developing minority business 

13 enterprise, including expenses of grants, contracts, and 

14 other agreements with public or private organizations, 

15 $29,732,000. 

16 ECONOMIC AND STATISTICAL ANALYSIS

17 SALARIES AND EXPENSES

18 For necessary expenses, as authorized by law, of eco19 nomic and statistical analysis programs of the Department 

20 of Commerce, $95,119,000. 

21 BUREAU OF THE CENSUS

22 SALARIES AND EXPENSES

23 For expenses necessary for collecting, compiling, ana24 lyzing, preparing, and publishing statistics, provided for by 

25 law, $253,336,000: Provided, That from amounts provided 
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1 herein, funds may be used for promotion, outreach, and 

2 marketing activities. 

3 PERIODIC CENSUSES AND PROGRAMS

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses to collect and publish statistics 

6 for periodic censuses and programs provided for by law, 

7 $690,000,000, to remain available until September 30, 

8 2013: Provided, That from amounts provided herein, funds 

9 may be used for additional promotion, outreach, and mar10 keting activities: Provided further, That within the amounts 

11 appropriated, $1,000,000 shall be transferred to the Office 

12 of the Inspector General for activities associated with car13 rying out investigations and audits related to the Bureau 

14 of the Census. 

15 NATIONAL TELECOMMUNICATIONS AND INFORMATION

16 ADMINISTRATION

17 SALARIES AND EXPENSES

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

19 National Telecommunications and Information Adminis20 tration (NTIA), $45,568,000, to remain available until 

21 September 30, 2013: Provided, That, notwithstanding 31 

22 U.S.C. 1535(d), the Secretary of Commerce shall charge 

23 Federal agencies for costs incurred in spectrum manage24 ment, analysis, operations, and related services, and such 

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

2 expended: Provided further, That the Secretary of Com3 merce is authorized to retain and use as offsetting collec4 tions all funds transferred, or previously transferred, from 

5 other Government agencies for all costs incurred in tele6 communications research, engineering, and related activi7 ties by the Institute for Telecommunication Sciences of 

8 NTIA, in furtherance of its assigned functions under this 

9 paragraph, and such funds received from other Government 

10 agencies shall remain available until expended. 

11 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

12 CONSTRUCTION

13 For the administration of prior-year grants, recoveries 

14 and unobligated balances of funds previously appropriated 

15 are hereafter available for the administration of all open 

16 grants until their expiration. 

17 UNITED STATES PATENT AND TRADEMARK OFFICE

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses of the United States Patent and 

21 Trademark Office (USPTO) provided for by law, including 

22 defense of suits instituted against the Under Secretary of 

23 Commerce for Intellectual Property and Director of the 

24 USPTO, $2,706,313,000 to remain available until ex25 pended: Provided, That the sum herein appropriated from 
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1 the general fund shall be reduced as offsetting collections 

2 assessed and collected pursuant to 15 U.S.C. 1113 and 35 

3 U.S.C. 41 and 376 are received during fiscal year 2012, 

4 so as to result in a fiscal year 2012 appropriation from 

5 the general fund estimated at $0: Provided further, That 

6 during fiscal year 2012, should the total amount of offset7 ting fee collections and the surcharge provided herein be less 

8 than $2,706,313,000 this amount shall be reduced accord9 ingly: Provided further, That any amount received in excess 

10 of $2,706,313,000 in fiscal year 2012 and deposited in the 

11 Patent and Trademark Fee Reserve Fund shall remain 

12 available until expended: Provided further, That the Direc13 tor of the Patent and Trademark Office shall submit a 

14 spending plan to the Committees on Appropriations of the 

15 House of Representatives and the Senate for any amounts 

16 made available by the preceding proviso and such spending 

17 plan shall be treated as a reprogramming under section 505 

18 of this Act and shall not be available for obligation or ex19 penditure except in compliance with the procedures set forth 

20 in that section: Provided further, That from amounts pro21 vided herein, not to exceed $750 shall be made available 

22 in fiscal year 2012 for official reception and representation 

23 expenses: Provided further, That in fiscal year 2012 from 

24 the amounts made available for ‘‘Salaries and Expenses’’ 

25 for the USPTO, the amounts necessary to pay: (1) the dif-
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1 ference between the percentage of basic pay contributed by 

2 the USPTO and employees under section 8334(a) of title 

3 5, United States Code, and the normal cost percentage (as 

4 defined by section 8331(17) of that title) as provided by 

5 the Office of Personnel Management (OPM) for USPTO’s 

6 specific use, of basic pay, of employees subject to subchapter 

7 III of chapter 83 of that title; and (2) the present value 

8 of the otherwise unfunded accruing costs, as determined by 

9 OPM for USPTO’s specific use of post-retirement life insur10 ance and post-retirement health benefits coverage for all 

11 USPTO employees who are enrolled in Federal Employees 

12 Health Benefits (FEHB) and Federal Employees Group 

13 Life Insurance (FEGLI), shall be transferred to the Civil 

14 Service Retirement and Disability Fund, the Employees 

15 Life Insurance Fund, and the Employees Health Benefits 

16 Fund, as appropriate, and shall be available for the author17 ized purposes of those accounts: Provided further, That any 

18 differences between the present value factors published in 

19 OPM’s yearly 300 series benefit letters and the factors that 

20 OPM provides for PTO’s specific use shall be recognized as 

21 an imputed cost on PTO’s financial statements, where ap22 plicable: Provided further, That sections 801, 802, and 803 

23 of division B, Public Law 108–447 shall remain in effect 

24 during fiscal year 2012: Provided further, That the Director 

25 may, this year, reduce by regulation fees payable for docu-
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1 ments in patent and trademark matters, in connection with 

2 the filing of documents filed electronically in a form pre3 scribed by the Director: Provided further, That there shall 

4 be a surcharge of 15 percent, as provided for by section 11(i) 

5 of the Leahy-Smith America Invents Act: Provided further, 

6 That hereafter the Director shall reduce fees for providing 

7 prioritized examination of utility and plant patent appli8 cations by 50 percent for small entities that qualify for re9 duced fees under 35 U.S.C. 41(h)(1), so long as the fees of 

10 the prioritized examination program are set to recover the 

11 estimated cost of the program: Provided further, That the 

12 receipts collected as a result of these surcharges shall be 

13 available within the amounts provided herein to the United 

14 States Patent and Trademark Office without fiscal year 

15 limitation, for all authorized activities and operations of 

16 the Office: Provided further, That within the amounts ap17 propriated, $1,000,000 shall be transferred to the Office of 

18 Inspector General for activities associated with carrying out 

19 investigations and audits related to the USPTO. 

20 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

21 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

22 For necessary expenses of the National Institute of 

23 Standards and Technology, $500,000,000, to remain avail24 able until expended, of which not to exceed $9,000,000 may 

25 be transferred to the ‘‘Working Capital Fund’’: Provided, 
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1 That not to exceed $5,000 shall be for official reception and 

2 representation expenses. 

3 INDUSTRIAL TECHNOLOGY SERVICES

4 For necessary expenses of the Industrial Technology 

5 Services, $120,000,000 to remain available until expended: 

6 Provided, That of the amounts appropriated herein, 

7 $120,000,000 shall be for the Hollings Manufacturing Ex8 tension Partnership. 

9 CONSTRUCTION OF RESEARCH FACILITIES

10 For construction of new research facilities, including 

11 architectural and engineering design, and for renovation 

12 and maintenance of existing facilities, not otherwise pro13 vided for the National Institute of Standards and Tech14 nology, as authorized by 15 U.S.C. 278c–278e, $60,000,000, 

15 to remain available until expended. 

16 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

17 OPERATIONS, RESEARCH, AND FACILITIES

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses of activities authorized by law 

20 for the National Oceanic and Atmospheric Administration, 

21 including maintenance, operation, and hire of aircraft and 

22 vessels; grants, contracts, or other payments to nonprofit 

23 organizations for the purposes of conducting activities pur24 suant to cooperative agreements; and relocation of facilities, 

25 $3,134,327,000, to remain available until September 30, 
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1 2013, except for funds provided for cooperative enforcement, 

2 which shall remain available until September 30, 2014: 

3 Provided, That fees and donations received by the National 

4 Ocean Service for the management of national marine sanc5 tuaries may be retained and used for the salaries and ex6 penses associated with those activities, notwithstanding 31 

7 U.S.C. 3302: Provided further, That in addition, 

8 $109,098,000 shall be derived by transfer from the fund en9 titled ‘‘Promote and Develop Fishery Products and Re10 search Pertaining to American Fisheries’’: Provided fur11 ther, That of the $3,250,425,000 provided for in direct obli12 gations under this heading $3,134,327,000 is appropriated 

13 from the general fund, and $109,098,000 is provided by 

14 transfer and $7,000,000 is derived from recoveries of prior 

15 year obligations: Provided further, That payments of funds 

16 made available under this heading to the Department of 

17 Commerce Working Capital Fund including Department of 

18 Commerce General Counsel legal services shall not exceed 

19 $41,105,000: Provided further, That the total amount avail20 able for the National Oceanic and Atmospheric Administra21 tion corporate services administrative support costs shall 

22 not exceed $219,291,000: Provided further, That any devi23 ation from the amounts designated for specific activities in 

24 the explanatory statement accompanying this Act, or any 

25 use of deobligated balances of funds provided under this 
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1 heading in previous years, shall be subject to the procedures 

2 set forth in section 505 of this Act: Provided further, That 

3 in allocating grants under sections 306 and 306A of the 

4 Coastal Zone Management Act of 1972, as amended, no 

5 coastal State shall receive more than 5 percent or less than 

6 1 percent of increased funds appropriated over the previous 

7 fiscal year. 

8 In addition, for necessary retired pay expenses under 

9 the Retired Serviceman’s Family Protection and Survivor 

10 Benefits Plan, and for payments for the medical care of 

11 retired personnel and their dependents under the Depend12 ents Medical Care Act (10 U.S.C. 55), such sums as may 

13 be necessary. 

14 PROCUREMENT, ACQUISITION AND CONSTRUCTION

15 For procurement, acquisition and construction of cap16 ital assets, including alteration and modification costs, of 

17 the National Oceanic and Atmospheric Administration 

18 (NOAA), $1,833,594,000, to remain available until Sep19 tember 30, 2014, except funds provided for construction of 

20 facilities which shall remain available until expended: Pro21 vided, That of the $1,841,594,000 provided for in direct ob22 ligations under this heading, $1,833,594,000 is appro23 priated from the general fund and $8,000,000 is provided 

24 from recoveries of prior year obligations: Provided further, 

25 That any deviation from the amounts designated for spe-
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1 cific activities in the explanatory statement accompanying 

2 this Act, or any use of deobligated balances of funds pro3 vided under this heading in previous years, shall be subject 

4 to the procedures set forth in section 505 of this Act: Pro5 vided further, That the Secretary of Commerce shall include 

6 in budget justification materials that the Secretary submits 

7 to Congress in support of the Department of Commerce 

8 budget (as submitted with the budget of the President under 

9 section 1105(a) of title 31, United States Code) an estimate 

10 for each NOAA Procurement, Acquisition or Construction 

11 project having a total of more than $5,000,000 and simulta12 neously the budget justification shall include an estimate 

13 of the budgetary requirements for each such project for each 

14 of the 5 subsequent fiscal years. 

15 PACIFIC COASTAL SALMON RECOVERY FUND

16 For necessary expenses associated with the restoration 

17 of Pacific salmon populations, $65,000,000, to remain 

18 available until September 30, 2013: Provided, That of the 

19 funds provided herein the Secretary of Commerce may issue 

20 grants to the States of Washington, Oregon, Idaho, Nevada, 

21 California, and Alaska, and Federally recognized tribes of 

22 the Columbia River and Pacific Coast (including Alaska) 

23 for projects necessary for conservation of salmon and 

24 steelhead populations, for restoration of populations that 

25 are listed as threatened or endangered, or identified by a 
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1 State as at-risk to be so-listed, for maintaining populations 

2 necessary for exercise of tribal treaty fishing rights or na3 tive subsistence fishing, or for conservation of Pacific coast4 al salmon and steelhead habitat, based on guidelines to be 

5 developed by the Secretary of Commerce: Provided further, 

6 That all funds shall be allocated based on scientific and 

7 other merit principles and shall not be available for mar8 keting activities: Provided further, That funds disbursed to 

9 States shall be subject to a matching requirement of funds 

10 or documented in-kind contributions of at least 33 percent 

11 of the Federal funds. 

12 FISHERMEN’S CONTINGENCY FUND

13 For carrying out the provisions of title IV of Public 

14 Law 95–372, not to exceed $350,000, to be derived from re15 ceipts collected pursuant to that Act, to remain available 

16 until expended. 

17 FISHERIES FINANCE PROGRAM ACCOUNT

18 Subject to section 502 of the Congressional Budget Act 

19 of 1974, during fiscal year 2012, obligations of direct loans 

20 may not exceed $24,000,000 for Individual Fishing Quota 

21 loans and not to exceed $59,000,000 for traditional direct 

22 loans as authorized by the Merchant Marine Act of 1936: 

23 Provided, That none of the funds made available under this 

24 heading may be used for direct loans for any new fishing 
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1 vessel that will increase the harvesting capacity in any 

2 United States fishery. 

3 DEPARTMENTAL MANAGEMENT

4 SALARIES AND EXPENSES

5 For expenses necessary for the departmental manage6 ment of the Department of Commerce provided for by law, 

7 including not to exceed $5,000 for official reception and 

8 representation, $56,726,000. 

9 RENOVATION AND MODERNIZATION

10 For expenses necessary, including blast windows, for 

11 the renovation and modernization of Department of Com12 merce facilities, $5,000,000, to remain available until ex13 pended. 

14 OFFICE OF INSPECTOR GENERAL

15 For necessary expenses of the Office of Inspector Gen16 eral in carrying out the provisions of the Inspector General 

17 Act of 1978 (5 U.S.C. App.) (as amended), $26,946,000. 

18 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

19 SEC. 101. During the current fiscal year, applicable 

20 appropriations and funds made available to the Depart21 ment of Commerce by this Act shall be available for the 

22 activities specified in the Act of October 26, 1949 (15 U.S.C. 

23 1514), to the extent and in the manner prescribed by the 

24 Act, and, notwithstanding 31 U.S.C. 3324, may be used for 

25 advanced payments not otherwise authorized only upon the 
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1 certification of officials designated by the Secretary of Com2 merce that such payments are in the public interest. 

3 SEC. 102. During the current fiscal year, appropria4 tions made available to the Department of Commerce by 

5 this Act for salaries and expenses shall be available for hire 

6 of passenger motor vehicles as authorized by 31 U.S.C. 1343 

7 and 1344; services as authorized by 5 U.S.C. 3109; and uni8 forms or allowances therefor, as authorized by law (5 U.S.C. 

9 5901–5902). 

10 SEC. 103. Not to exceed 5 percent of any appropriation 

11 made available for the current fiscal year for the Depart12 ment of Commerce in this Act may be transferred between 

13 such appropriations, but no such appropriation shall be in14 creased by more than 10 percent by any such transfers: Pro15 vided, That any transfer pursuant to this section shall be 

16 treated as a reprogramming of funds under section 505 of 

17 this Act and shall not be available for obligation or expendi18 ture except in compliance with the procedures set forth in 

19 that section: Provided further, That the Secretary of Com20 merce shall notify the Committees on Appropriations at 

21 least 15 days in advance of the acquisition or disposal of 

22 any capital asset (including land, structures, and equip23 ment) not specifically provided for in this Act or any other 

24 law appropriating funds for the Department of Commerce: 

25 Provided further, That for the National Oceanic and Atmos-
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1 pheric Administration this section shall provide for trans2 fers among appropriations made only to the National Oce3 anic and Atmospheric Administration and such appropria4 tions may not be transferred and reprogrammed to other 

5 Department of Commerce bureaus and appropriation ac6 counts. 

7 SEC. 104. Any costs incurred by a department or agen8 cy funded under this title resulting from personnel actions 

9 taken in response to funding reductions included in this 

10 title or from actions taken for the care and protection of 

11 loan collateral or grant property shall be absorbed within 

12 the total budgetary resources available to such department 

13 or agency: Provided, That the authority to transfer funds 

14 between appropriations accounts as may be necessary to 

15 carry out this section is provided in addition to authorities 

16 included elsewhere in this Act: Provided further, That use 

17 of funds to carry out this section shall be treated as a re18 programming of funds under section 505 of this Act and 

19 shall not be available for obligation or expenditure except 

20 in compliance with the procedures set forth in that section. 

21 SEC. 105. The requirements set forth by section 112 

22 of division B of Public Law 110–161 are hereby adopted 

23 by reference. 

24 SEC. 106. Notwithstanding any other law, the Sec25 retary may furnish services (including but not limited to 
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1 utilities, telecommunications, and security services) nec2 essary to support the operation, maintenance, and improve3 ment of space that persons, firms or organizations are au4 thorized pursuant to the Public Buildings Cooperative Use 

5 Act of 1976 or other authority to use or occupy in the Her6 bert C. Hoover Building, Washington, DC, or other build7 ings, the maintenance, operation, and protection of which 

8 has been delegated to the Secretary from the Administrator 

9 of General Services pursuant to the Federal Property and 

10 Administrative Services Act of 1949, as amended, on a re11 imbursable or non-reimbursable basis. Amounts received as 

12 reimbursement for services provided under this section or 

13 the authority under which the use or occupancy of the space 

14 is authorized, up to $200,000, shall be credited to the appro15 priation or fund which initially bears the costs of such serv16 ices. 

17 SEC. 107. Nothing in this title shall be construed to 

18 prevent a grant recipient from deterring child pornography, 

19 copyright infringement, or any other unlawful activity over 

20 its networks. 

21 SEC. 108. The administration of the National Oceanic 

22 and Atmospheric Administration is authorized to use, with 

23 their consent, with reimbursement and subject to the limits 

24 of available appropriations, the land, services, equipment, 

25 personnel, and facilities of any department, agency or in-
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1 strumentality of the United States, or of any State, local 

2 government, Indian tribal government, Territory or posses3 sion, or of any political subdivision thereof, or of any for4 eign government or international organization for purposes 

5 related to carrying out the responsibilities of any statute 

6 administered by the National Oceanic and Atmospheric Ad7 ministration. 

8 SEC. 109. All balances in the Coastal Zone Manage9 ment Fund, whether unobligated or unavailable, are hereby 

10 permanently cancelled, and notwithstanding section 308(b) 

11 of the Coastal Zone Management Act of 1972, as amended 

12 (16 U.S.C. 1456a), any future payments to the Fund made 

13 pursuant to sections 307 (16 U.S.C. 1456) and 308 (16 

14 U.S.C. 1456a) of the Coastal Zone Management Act of 

15 1972, as amended, shall, in this fiscal year and any future 

16 fiscal years, be treated in accordance with the Federal Cred17 it Reform Act of 1990, as amended. 

18 SEC. 110. There is established in the Treasury a non19 interest bearing fund to be known as the ‘‘Fisheries Enforce20 ment Asset Forfeiture Fund’’, which shall consist of all 

21 sums received as fines, penalties, and forfeitures of property 

22 for violations of any provisions of 16 U.S.C. chapter 38 

23 or of any other marine resource law enforced by the Sec24 retary of Commerce, including the Lacey Act Amendments 

25 of 1981 (16 U.S.C. 3371 et seq.) and with the exception 
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1 of collections pursuant to 16 U.S.C. 1437, which are cur2 rently deposited in the Operations, Research, and Facilities 

3 account: Provided, That all unobligated balances that have 

4 been collected pursuant to 16 U.S.C. 1861 or any other ma5 rine resource law enforced by the Secretary of Commerce 

6 with the exception of 16 U.S.C. 1437 shall be transferred 

7 from the Operations, Research, and Facilities account into 

8 the Fisheries Enforcement Asset Forfeiture Fund and shall 

9 remain available until expended. 

10 SEC. 111. There is established in the Treasury a non11 interest bearing fund to be known as the ‘‘Sanctuaries En12 forcement Asset Forfeiture Fund’’, which shall consist of all 

13 sums received as fines, penalties, and forfeitures of property 

14 for violations of any provisions of 16 U.S.C. chapter 38, 

15 which are currently deposited in the Operations, Research, 

16 and Facilities account: Provided, That all unobligated bal17 ances that have been collected pursuant to 16 U.S.C. 1437 

18 shall be transferred from the Operations, Research, and Fa19 cilities account into the Sanctuaries Enforcement Asset 

20 Forfeiture Fund and shall remain available until expended. 

21 SEC. 112. Notwithstanding any other provision of law, 

22 the National Oceanic and Atmospheric Administration is 

23 authorized to receive and expend funds made available by 

24 any Federal agency, State or subdivision thereof, public or 

25 private organization, or individual to carry out any statute 
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1 administered by the National Oceanic and Atmospheric Ad2 ministration: Provided, That use of funds to carry out this 

3 section shall be treated as a reprogramming of funds under 

4 section 505 of this Act and shall not be available for obliga5 tion or expenditure except in compliance with the proce6 dures set forth in that section. 

7 SEC. 113. (a) The Secretary of State shall ensure par8 ticipation in the Commission for the Conservation and 

9 Management of Highly Migratory Fish Stocks in the West10 ern and Central Pacific Ocean (‘‘Commission’’) and its sub11 sidiary bodies by American Samoa, Guam, and the North12 ern Mariana Islands (collectively, the U.S. Participating 

13 Territories) to the same extent provided to the territories 

14 of other nations. 

15 (b) The U.S. Participating Territories are each au16 thorized to use, assign, allocate, and manage catch limits 

17 of highly migratory fish stocks, or fishing effort limits, 

18 agreed to by the Commission for the participating terri19 tories of the Convention for the Conservation and Manage20 ment of Highly Migratory Fish Stocks in the Western and 

21 Central Pacific Ocean, through arrangements with U.S. 

22 vessels with permits issued under the Pelagics Fishery Man23 agement Plan of the Western Pacific Region. Vessels under 

24 such arrangements are integral to the domestic fisheries of 

25 the U.S. Participating Territories provided that such ar-
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1 rangements shall impose no requirements regarding where 

2 such vessels must fish or land their catch and shall be fund3 ed by deposits to the Western Pacific Sustainable Fisheries 

4 Fund in support of fisheries development projects identified 

5 in a Territory’s Marine Conservation Plan and adopted 

6 pursuant to section 204 of the Magnuson-Stevens Fishery 

7 Conservation and Management Act (16 U.S.C. 1824). The 

8 Secretary of Commerce shall attribute catches made by ves9 sels operating under such arrangements to the U.S. Partici10 pating Territories for the purposes of annual reporting to 

11 the Commission. 

12 (c) The Western Pacific Regional Fisheries Manage13 ment Council— 

14 (1) is authorized to accept and deposit into the 

15 Western Pacific Sustainable Fisheries Fund funding 

16 for arrangements pursuant to subsection (b); 

17 (2) shall use amounts deposited under paragraph 

18 (1) that are attributable to a particular U.S. Partici19 pating Territory only for implementation of that Ter20 ritory’s Marine Conservation Plan adopted pursuant 

21 to section 204 of the Magnuson-Stevens Fishery Con22 servation and Management Act (16 U.S.C. 1824); and 

23 (3) shall recommend an amendment to the 

24 Pelagics Fishery Management Plan for the Western 
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1 Pacific Region, and associated regulations, to imple2 ment this section. 

3 (d) Subsection (b) shall remain in effect until such 

4 time as— 

5 (1) the Western Pacific Regional Fishery Man6 agement Council recommends an amendment to the 

7 Pelagics Fishery Management Plan for the Western 

8 Pacific Region, and implementing regulations, to the 

9 Secretary of Commerce that authorize use, assign10 ment, allocation, and management of catch limits of 

11 highly migratory fish stocks, or fishing effort limits, 

12 established by the Commission and applicable to U.S. 

13 Participating Territories; 

14 (2) the Secretary of Commerce approves the 

15 amendment as recommended; and 

16 (3) such implementing regulations become effec17 tive. 

18 SEC. 114. (a) REPORT TO CONGRESS.—Not later than 

19 6 months after the date of the enactment of this Act, the 

20 National Aquatic Animal Health Task Force shall submit 

21 to the Committee on Commerce, Science, and Transpor22 tation of the Senate and the Committee on Natural Re23 sources of the House of Representatives a report of the find24 ings of the research objectives described in subsection (b). 
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1 (b) RESEARCH AND SURVEILLANCE.—The National 

2 Aquatic Animal Health Task Force shall establish Infec3 tious Salmon Anemia research objectives, in collaboration 

4 the with the Government of Canada, and Federal, State, 

5 and tribal governments, including the Department of Fish 

6 and Wildlife of Washington and the Department of Fish 

7 and Game of Alaska, to assess— 

8 (1) the prevalence of Infectious Salmon Anemia 

9 in both wild and aquaculture salmonid populations 

10 throughout Alaska, Washington, Oregon, California, 

11 and Idaho; 

12 (2) genetic susceptibility by population and spe13 cies; 

14 (3) susceptibility of populations to Infectious 

15 Salmon Anemia from geographic and oceanographic 

16 factors; 

17 (4) potential transmission pathways between in18 fectious Canadian sockeye and uninfected salmonid 

19 populations in United States waters; 

20 (5) management strategies to rapidly respond to 

21 potential Infectious Salmon Anemia outbreaks in both 

22 wild and aquaculture populations, including securing 

23 the water supplies at conservation hatcheries to pro24 tect hatchery fish from exposure to the Infectious 
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1 Salmon Anemia virus present in incoming surface 

2 water; 

3 (6) potential economic impacts of Infectious 

4 Salmon Anemia; 

5 (7) any role foreign salmon farms may have in 

6 spreading Infectious Salmon Anemia to wild popu7 lations; 

8 (8) the identity of any potential Federal, State, 

9 tribal, and international research partners; 

10 (9) available baseline data, including baseline 

11 data available from a collaborating entity; and 

12 (10) other Infectious Salmon Anemia research 

13 priorities, as determined by the Task Force. 

14 This title may be cited as the ‘‘Department of Com15 merce Appropriations Act, 2012’’. 

16 TITLE II 

17 DEPARTMENT OF JUSTICE 

18 GENERAL ADMINISTRATION

19 SALARIES AND EXPENSES

20 For expenses necessary for the administration of the 

21 Department of Justice, $115,886,000, of which not to exceed 

22 $4,000,000 for security and construction of Department of 

23 Justice facilities shall remain available until expended: 

24 Provided, That the Attorney General is authorized to trans25 fer funds appropriated within General Administration to 
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1 any office in this account: Provided further, That 

2 $18,903,000 is for Department Leadership; $8,311,000 is 

3 for Intergovernmental Relations/External Affairs; 

4 $12,925,000 is for Executive Support/Professional Respon5 sibility; and $75,747,000 is for the Justice Management Di6 vision: Provided further, That any change in amounts spec7 ified in the preceding proviso greater than 5 percent shall 

8 be submitted for approval to the House and Senate Commit9 tees on Appropriations consistent with the terms of section 

10 505 of this Act: Provided further, That this transfer author11 ity is in addition to transfers authorized under section 505 

12 of this Act. 

13 NATIONAL DRUG INTELLIGENCE CENTER

14 For necessary expenses of the National Drug Intel15 ligence Center, including reimbursement of Air Force per16 sonnel for the National Drug Intelligence Center to support 

17 the Department of Defense’s counter-drug intelligence re18 sponsibilities, $20,000,000: Provided, That the National 

19 Drug Intelligence Center shall maintain the personnel and 

20 technical resources to provide timely support to law enforce21 ment authorities and the intelligence community by con22 ducting document and computer exploitation of materials 

23 collected in Federal, State, and local law enforcement activ24 ity associated with counter-drug, counterterrorism, and na25 tional security investigations and operations. 
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1 JUSTICE INFORMATION SHARING TECHNOLOGY

2 For necessary expenses for information sharing tech3 nology, including planning, development, deployment and 

4 departmental direction, $47,000,000, to remain available 

5 until expended. 

6 TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

7 For the costs of developing and implementing a na8 tionwide Integrated Wireless Network supporting Federal 

9 law enforcement communications, and for the costs of oper10 ations and maintenance of existing Land Mobile Radio leg11 acy systems, $87,000,000, to remain available until ex12 pended: Provided, That the Attorney General shall transfer 

13 to this account all funds made available to the Department 

14 of Justice for the purchase of portable and mobile radios: 

15 Provided further, That any transfer made under the pre16 ceding proviso shall be subject to section 505 of this Act. 

17 ADMINISTRATIVE REVIEW AND APPEALS

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses necessary for the administration of par20 don and clemency petitions and immigration-related activi21 ties, $294,082,000, of which $4,000,000 shall be derived by 

22 transfer from the Executive Office for Immigration Review 

23 fees deposited in the ‘‘Immigration Examinations Fee’’ ac24 count. 
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1 DETENTION TRUSTEE

2 For necessary expenses of the Federal Detention Trust3 ee, $1,563,453,000, to remain available until expended: Pro4 vided, That the Trustee shall be responsible for managing 

5 the Justice Prisoner and Alien Transportation System: 

6 Provided further, That not to exceed $20,000,000 shall be 

7 considered ‘‘funds appropriated for State and local law en8 forcement assistance’’ pursuant to 18 U.S.C. 4013(b). 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector Gen11 eral, $84,199,000, including not to exceed $10,000 to meet 

12 unforeseen emergencies of a confidential character. 

13 UNITED STATES PAROLE COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses of the United States Parole 

16 Commission as authorized, $12,577,000. 

17 LEGAL ACTIVITIES

18 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

19 For expenses necessary for the legal activities of the 

20 Department of Justice, not otherwise provided for, includ21 ing not to exceed $20,000 for expenses of collecting evidence, 

22 to be expended under the direction of, and to be accounted 

23 for solely under the certificate of, the Attorney General; and 

24 rent of private or Government-owned space in the District 

25 of Columbia, $846,099,000, of which not to exceed 
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1 $10,000,000 for litigation support contracts shall remain 

2 available until expended: Provided, That of the total 

3 amount appropriated, not to exceed $7,500 shall be avail4 able to INTERPOL Washington for official reception and 

5 representation expenses: Provided further, That notwith6 standing section 205 of this Act, upon a determination by 

7 the Attorney General that emergent circumstances require 

8 additional funding for litigation activities of the Civil Divi9 sion, the Attorney General may transfer such amounts to 

10 ‘‘Salaries and Expenses, General Legal Activities’’ from 

11 available appropriations for the current fiscal year for the 

12 Department of Justice, as may be necessary to respond to 

13 such circumstances: Provided further, That any transfer 

14 pursuant to the previous proviso shall be treated as a re15 programming under section 505 of this Act and shall not 

16 be available for obligation or expenditure except in compli17 ance with the procedures set forth in that section: Provided 

18 further, That of the amount appropriated, such sums as 

19 may be necessary shall be available to reimburse the Office 

20 of Personnel Management for salaries and expenses associ21 ated with the election monitoring program under section 

22 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f): Pro23 vided further, That of the amounts provided under this 

24 heading for the election monitoring program $3,390,000, 

25 shall remain available until expended. 
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1 In addition, for reimbursement of expenses of the De2 partment of Justice associated with processing cases under 

3 the National Childhood Vaccine Injury Act of 1986, not to 

4 exceed $7,833,000, to be appropriated from the Vaccine In5 jury Compensation Trust Fund. 

6 SALARIES AND EXPENSES, ANTITRUST DIVISION

7 For expenses necessary for the enforcement of antitrust 

8 and kindred laws, $159,587,000, to remain available until 

9 expended: Provided, That notwithstanding any other provi10 sion of law, fees collected for premerger notification filings 

11 under the Hart-Scott-Rodino Antitrust Improvements Act 

12 of 1976 (15 U.S.C. 18a), regardless of the year of collection 

13 (and estimated to be $108,000,000 in fiscal year 2012), 

14 shall be retained and used for necessary expenses in this 

15 appropriation, and shall remain available until expended: 

16 Provided further, That the sum herein appropriated from 

17 the general fund shall be reduced as such offsetting collec18 tions are received during fiscal year 2012, so as to result 

19 in a final fiscal year 2012 appropriation from the general 

20 fund estimated at $51,587,000. 

21 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

22 For necessary expenses of the Offices of the United 

23 States Attorneys, including inter-governmental and cooper24 ative agreements, $1,891,532,000: Provided, That of the 

25 total amount appropriated, not to exceed $6,000 shall be 
117 

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1 available for official reception and representation expenses: 

2 Provided further, That not to exceed $25,000,000 shall re3 main available until expended: Provided further, That of 

4 the amount provided under this heading, not less than 

5 $43,184,000 shall be used for salaries and expenses for as6 sistant U.S. Attorneys to carry out section 704 of the Adam 

7 Walsh Child Protection and Safety Act of 2006 (Public Law 

8 109–248) concerning the prosecution of offenses relating to 

9 the sexual exploitation of children. 

10 UNITED STATES TRUSTEE SYSTEM FUND

11 For necessary expenses of the United States Trustee 

12 Program, as authorized, $234,115,000, to remain available 

13 until expended and to be derived from the United States 

14 Trustee System Fund: Provided, That notwithstanding any 

15 other provision of law, deposits to the Fund shall be avail16 able in such amounts as may be necessary to pay refunds 

17 due depositors: Provided further, That, notwithstanding 

18 any other provision of law, $234,115,000 of offsetting collec19 tions pursuant to 28 U.S.C. 589a(b) shall be retained and 

20 used for necessary expenses in this appropriation and shall 

21 remain available until expended: Provided further, That the 

22 sum herein appropriated from the Fund shall be reduced 

23 as such offsetting collections are received during fiscal year 

24 2012, so as to result in a final fiscal year 2012 appropria25 tion from the Fund estimated at $0. 
118 

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1 SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT

2 COMMISSION

3 For expenses necessary to carry out the activities of 

4 the Foreign Claims Settlement Commission, including serv5 ices as authorized by section 3109 of title 5, United States 

6 Code, $2,071,000. 

7 FEES AND EXPENSES OF WITNESSES

8 For fees and expenses of witnesses, for expenses of con9 tracts for the procurement and supervision of expert wit10 nesses, for private counsel expenses, including advances, 

11 and for expenses of foreign counsel, $270,000,000, to remain 

12 available until expended: Provided, That not to exceed 

13 $10,000,000 may be made available for construction of 

14 buildings for protected witness safesites: Provided further, 

15 That not to exceed $3,000,000 may be made available for 

16 the purchase and maintenance of armored and other vehi17 cles for witness security caravans: Provided further, That 

18 not to exceed $11,000,000 may be made available for the 

19 purchase, installation, maintenance, and upgrade of secure 

20 telecommunications equipment and a secure automated in21 formation network to store and retrieve the identities and 

22 locations of protected witnesses. 

23 SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

24 For necessary expenses of the Community Relations 

25 Service, $11,227,000: Provided, That notwithstanding sec-
119 

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1 tion 205 of this Act, upon a determination by the Attorney 

2 General that emergent circumstances require additional 

3 funding for conflict resolution and violence prevention ac4 tivities of the Community Relations Service, the Attorney 

5 General may transfer such amounts to the Community Re6 lations Service, from available appropriations for the cur7 rent fiscal year for the Department of Justice, as may be 

8 necessary to respond to such circumstances: Provided fur9 ther, That any transfer pursuant to the preceding proviso 

10 shall be treated as a reprogramming under section 505 of 

11 this Act and shall not be available for obligation or expendi12 ture except in compliance with the procedures set forth in 

13 that section. 

14 ASSETS FORFEITURE FUND

15 For expenses authorized by 28 U.S.C. 524(c)(1)(B), 

16 (F), and (G), $20,990,000, to be derived from the Depart17 ment of Justice Assets Forfeiture Fund. 

18 UNITED STATES MARSHALS SERVICE

19 SALARIES AND EXPENSES

20 For necessary expenses of the United States Marshals 

21 Service, $1,111,041,000; of which not to exceed $10,000,000 

22 shall be available for necessary expenses for increased dep23 uty marshals and staff related to Southwest border enforce24 ment until September 30, 2012; of which not to exceed 

25 $6,000 shall be available for official reception and represen-
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1 tation expenses; and of which not to exceed $20,000,000 

2 shall remain available until expended. 

3 CONSTRUCTION

4 For construction in space controlled, occupied or uti5 lized by the United States Marshals Service for prisoner 

6 holding and related support, $20,250,000, of which 

7 $8,250,000 shall be available for detention upgrades at Fed8 eral courthouses located in the Southwest border region, to 

9 remain available until expended; of which not less than 

10 $9,696,000 shall be available for the costs of courthouse secu11 rity equipment, including furnishings, relocations, and tele12 phone systems and cabling. 

13 NATIONAL SECURITY DIVISION

14 SALARIES AND EXPENSES

15 For expenses necessary to carry out the activities of 

16 the National Security Division, $86,007,000; of which not 

17 to exceed $5,000,000 for information technology systems 

18 shall remain available until expended: Provided, That not19 withstanding section 205 of this Act, upon a determination 

20 by the Attorney General that emergent circumstances re21 quire additional funding for the activities of the National 

22 Security Division, the Attorney General may transfer such 

23 amounts to this heading from available appropriations for 

24 the current fiscal year for the Department of Justice, as 

25 may be necessary to respond to such circumstances: Pro-
121 

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1 vided further, That any transfer pursuant to the preceding 

2 proviso shall be treated as a reprogramming under section 

3 505 of this Act and shall not be available for obligation 

4 or expenditure except in compliance with the procedures set 

5 forth in that section. 

6 INTERAGENCY LAW ENFORCEMENT

7 INTERAGENCY CRIME AND DRUG ENFORCEMENT

8 For necessary expenses for the identification, inves9 tigation, and prosecution of individuals associated with the 

10 most significant drug trafficking and affiliated money 

11 laundering organizations not otherwise provided for, to in12 clude inter-governmental agreements with State and local 

13 law enforcement agencies engaged in the investigation and 

14 prosecution of individuals involved in organized crime drug 

15 trafficking, $516,962,000, of which $50,000,000 shall re16 main available until expended: Provided, That any 

17 amounts obligated from appropriations under this heading 

18 may be used under authorities available to the organiza19 tions reimbursed from this appropriation. 

20 FEDERAL BUREAU OF INVESTIGATION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Federal Bureau of Inves23 tigation for detection, investigation, and prosecution of 

24 crimes against the United States, $7,785,000,000, of which 

25 not to exceed $150,000,000 shall remain available until ex-
122 

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1 pended: Provided, That not to exceed $153,750 shall be 

2 available for official reception and representation expenses. 

3 CONSTRUCTION

4 For all necessary expenses, to include the cost of equip5 ment, furniture, and information technology requirements, 

6 related to construction or acquisition of buildings, facilities 

7 and sites by purchase, or as otherwise authorized by law; 

8 conversion, modification and extension of Federally owned 

9 buildings; and preliminary planning and design of projects; 

10 $75,000,000, to remain available until expended. 

11 DRUG ENFORCEMENT ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Drug Enforcement Ad14 ministration, including not to exceed $70,000 to meet un15 foreseen emergencies of a confidential character pursuant 

16 to 28 U.S.C. 530C; and expenses for conducting drug edu17 cation and training programs, including travel and related 

18 expenses for participants in such programs and the dis19 tribution of items of token value that promote the goals of 

20 such programs, $1,900,084,000; of which not to exceed 

21 $75,000,000 shall remain available until expended; and of 

22 which not to exceed $75,000 shall be available for official 

23 reception and representation expenses. 
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1 CONSTRUCTION

2 For necessary expenses, to include the cost of equip3 ment, furniture, and information technology requirements, 

4 related to construction or acquisition of buildings; and op5 eration and maintenance of secure work environment facili6 ties and secure networking capabilities; $10,000,000, to re7 main available until expended. 

8 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

9 EXPLOSIVES

10 SALARIES AND EXPENSES

11 For necessary expenses of the Bureau of Alcohol, To12 bacco, Firearms and Explosives, not to exceed $30,000 for 

13 official reception and representation expenses; for training 

14 of State and local law enforcement agencies with or without 

15 reimbursement, including training in connection with the 

16 training and acquisition of canines for explosives and fire 

17 accelerants detection; and for provision of laboratory assist18 ance to State and local law enforcement agencies, with or 

19 without reimbursement, $1,090,292,000, of which not to ex20 ceed $1,000,000 shall be available for the payment of attor21 neys’ fees as provided by section 924(d)(2) of title 18, 

22 United States Code; and of which not to exceed $20,000,000 

23 shall remain available until expended: Provided, That no 

24 funds appropriated herein shall be available for salaries or 

25 administrative expenses in connection with consolidating or 
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1 centralizing, within the Department of Justice, the records, 

2 or any portion thereof, of acquisition and disposition of 

3 firearms maintained by Federal firearms licensees: Pro4 vided further, That no funds appropriated herein shall be 

5 used to pay administrative expenses or the compensation 

6 of any officer or employee of the United States to implement 

7 an amendment or amendments to 27 CFR 478.118 or to 

8 change the definition of ‘‘Curios or relics’’ in 27 CFR 

9 478.11 or remove any item from ATF Publication 5300.11 

10 as it existed on January 1, 1994: Provided further, That 

11 none of the funds appropriated herein shall be available to 

12 investigate or act upon applications for relief from Federal 

13 firearms disabilities under 18 U.S.C. 925(c): Provided fur14 ther, That such funds shall be available to investigate and 

15 act upon applications filed by corporations for relief from 

16 Federal firearms disabilities under section 925(c) of title 

17 18, United States Code: Provided further, That no funds 

18 made available by this or any other Act may be used to 

19 transfer the functions, missions, or activities of the Bureau 

20 of Alcohol, Tobacco, Firearms and Explosives to other agen21 cies or Departments in fiscal year 2012: Provided further, 

22 That, beginning in fiscal year 2012 and thereafter, no funds 

23 appropriated under this or any other Act may be used to 

24 disclose part or all of the contents of the Firearms Trace 

25 System database maintained by the National Trace Center 
125 

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1 of the Bureau of Alcohol, Tobacco, Firearms and Explosives 

2 or any information required to be kept by licensees pursu3 ant to section 923(g) of title 18, United States Code, or re4 quired to be reported pursuant to paragraphs (3) and (7) 

5 of such section 923(g), except to: (1) a Federal, State, local, 

6 or tribal law enforcement agency, or a Federal, State, or 

7 local prosecutor; or (2) a foreign law enforcement agency 

8 solely in connection with or for use in a criminal investiga9 tion or prosecution; or (3) a Federal agency for a national 

10 security or intelligence purpose; unless such disclosure of 

11 such data to any of the entities described in (1), (2) or (3) 

12 of this proviso would compromise the identity of any under13 cover law enforcement officer or confidential informant, or 

14 interfere with any case under investigation; and no person 

15 or entity described in (1), (2) or (3) shall knowingly and 

16 publicly disclose such data; and all such data shall be im17 mune from legal process, shall not be subject to subpoena 

18 or other discovery, shall be inadmissible in evidence, and 

19 shall not be used, relied on, or disclosed in any manner, 

20 nor shall testimony or other evidence be permitted based 

21 on the data, in a civil action in any State (including the 

22 District of Columbia) or Federal court or in an administra23 tive proceeding other than a proceeding commenced by the 

24 Bureau of Alcohol, Tobacco, Firearms and Explosives to en25 force the provisions of chapter 44 of such title, or a review 
126 

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1 of such an action or proceeding; except that this proviso 

2 shall not be construed to prevent: (A) the disclosure of statis3 tical information concerning total production, importation, 

4 and exportation by each licensed importer (as defined in 

5 section 921(a)(9) of such title) and licensed manufacturer 

6 (as defined in section 921(a)(10) of such title); (B) the shar7 ing or exchange of such information among and between 

8 Federal, State, local, or foreign law enforcement agencies, 

9 Federal, State, or local prosecutors, and Federal national 

10 security, intelligence, or counterterrorism officials; or (C) 

11 the publication of annual statistical reports on products 

12 regulated by the Bureau of Alcohol, Tobacco, Firearms and 

13 Explosives, including total production, importation, and 

14 exportation by each licensed importer (as so defined) and 

15 licensed manufacturer (as so defined), or statistical aggre16 gate data regarding firearms traffickers and trafficking 

17 channels, or firearms misuse, felons, and trafficking inves18 tigations: Provided further, That no funds made available 

19 by this or any other Act shall be expended to promulgate 

20 or implement any rule requiring a physical inventory of 

21 any business licensed under section 923 of title 18, United 

22 States Code: Provided further, That no funds under this Act 

23 may be used to electronically retrieve information gathered 

24 pursuant to 18 U.S.C. 923(g)(4) by name or any personal 

25 identification code: Provided further, That no funds author-
127 

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1 ized or made available under this or any other Act may 

2 be used to deny any application for a license under section 

3 923 of title 18, United States Code, or renewal of such a 

4 license due to a lack of business activity, provided that the 

5 applicant is otherwise eligible to receive such a license, and 

6 is eligible to report business income or to claim an income 

7 tax deduction for business expenses under the Internal Rev8 enue Code of 1986. 

9 FEDERAL PRISON SYSTEM

10 SALARIES AND EXPENSES

11 For necessary expenses of the Federal Prison System 

12 for the administration, operation, and maintenance of Fed13 eral penal and correctional institutions, including purchase 

14 (not to exceed 835, of which 808 are for replacement only) 

15 and hire of law enforcement and passenger motor vehicles, 

16 and for the provision of technical assistance and advice on 

17 corrections related issues to foreign governments, 

18 $6,589,781,000: Provided, That the Attorney General may 

19 transfer to the Health Resources and Services Administra20 tion such amounts as may be necessary for direct expendi21 tures by that Administration for medical relief for inmates 

22 of Federal penal and correctional institutions: Provided 

23 further, That the Director of the Federal Prison System, 

24 where necessary, may enter into contracts with a fiscal 

25 agent or fiscal intermediary claims processor to determine 
128 

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1 the amounts payable to persons who, on behalf of the Fed2 eral Prison System, furnish health services to individuals 

3 committed to the custody of the Federal Prison System: Pro4 vided further, That not to exceed $4,500 shall be available 

5 for official reception and representation expenses: Provided 

6 further, That not to exceed $50,000,000 shall remain avail7 able for necessary operations until September 30, 2013: 

8 Provided further, That, of the amounts provided for con9 tract confinement, not to exceed $20,000,000 shall remain 

10 available until expended to make payments in advance for 

11 grants, contracts and reimbursable agreements, and other 

12 expenses authorized by section 501(c) of the Refugee Edu13 cation Assistance Act of 1980 (8 U.S.C. 1522 note), for the 

14 care and security in the United States of Cuban and Hai15 tian entrants: Provided further, That the Director of the 

16 Federal Prison System may accept donated property and 

17 services relating to the operation of the prison card program 

18 from a not-for-profit entity which has operated such pro19 gram in the past notwithstanding the fact that such not20 for-profit entity furnishes services under contracts to the 

21 Federal Prison System relating to the operation of pre-re22 lease services, halfway houses, or other custodial facilities. 

23 BUILDINGS AND FACILITIES

24 For planning, acquisition of sites and construction of 

25 new facilities; purchase and acquisition of facilities and re-
129 

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1 modeling, and equipping of such facilities for penal and 

2 correctional use, including all necessary expenses incident 

3 thereto, by contract or force account; and constructing, re4 modeling, and equipping necessary buildings and facilities 

5 at existing penal and correctional institutions, including 

6 all necessary expenses incident thereto, by contract or force 

7 account, $90,000,000, to remain available until expended, 

8 of which not less than $66,965,000 shall be available only 

9 for modernization, maintenance and repair, and of which 

10 not to exceed $14,000,000 shall be available to construct 

11 areas for inmate work programs: Provided, That labor of 

12 United States prisoners may be used for work performed 

13 under this appropriation: Provided further, That none of 

14 the funds provided under this heading in this or any prior 

15 Act shall be available for the acquisition of any facility that 

16 is to be used wholly or in part for the incarceration or de17 tention of any individual detained at Naval Station, Guan18 tanamo Bay, Cuba, as of June 24, 2009. 

19 FEDERAL PRISON INDUSTRIES, INCORPORATED

20 The Federal Prison Industries, Incorporated, is hereby 

21 authorized to make such expenditures, within the limits of 

22 funds and borrowing authority available, and in accord 

23 with the law, and to make such contracts and commitments, 

24 without regard to fiscal year limitations as provided by sec25 tion 9104 of title 31, United States Code, as may be nec-
130 

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1 essary in carrying out the program set forth in the budget 

2 for the current fiscal year for such corporation, including 

3 purchase (not to exceed five for replacement only) and hire 

4 of passenger motor vehicles. 

5 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

6 PRISON INDUSTRIES, INCORPORATED

7 Not to exceed $2,700,000 of the funds of the Federal 

8 Prison Industries, Incorporated shall be available for its ad9 ministrative expenses, and for services as authorized by sec10 tion 3109 of title 5, United States Code, to be computed 

11 on an accrual basis to be determined in accordance with 

12 the corporation’s current prescribed accounting system, and 

13 such amounts shall be exclusive of depreciation, payment 

14 of claims, and expenditures which such accounting system 

15 requires to be capitalized or charged to cost of commodities 

16 acquired or produced, including selling and shipping ex17 penses, and expenses in connection with acquisition, con18 struction, operation, maintenance, improvement, protec19 tion, or disposition of facilities and other property belong20 ing to the corporation or in which it has an interest. 
131 

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1 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

2 OFFICE ON VIOLENCE AGAINST WOMEN

3 VIOLENCE AGAINST WOMEN PREVENTION AND

4 PROSECUTION PROGRAMS

5 For grants, contracts, cooperative agreements, and 

6 other assistance for the prevention and prosecution of vio7 lence against women, as authorized by the Omnibus Crime 

8 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 

9 seq.) (‘‘the 1968 Act’’); the Violent Crime Control and Law 

10 Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 

11 Act’’); the Victims of Child Abuse Act of 1990 (Public Law 

12 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies and 

13 Other Tools to end the Exploitation of Children Today Act 

14 of 2003 (Public Law 108–21); the Juvenile Justice and De15 linquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) 

16 (‘‘the 1974 Act’’); the Victims of Trafficking and Violence 

17 Protection Act of 2000 (Public Law 106–386) (‘‘the 2000 

18 Act’’); and the Violence Against Women and Department 

19 of Justice Reauthorization Act of 2005 (Public Law 109– 

20 162) (‘‘the 2005 Act’’); and for related victims services, 

21 $417,663,000, to remain available until expended: Pro22 vided, That except as otherwise provided by law, not to ex23 ceed 3 percent of funds made available under this heading 

24 may be used for expenses related to evaluation, training, 
132 

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1 and technical assistance: Provided further, That of the 

2 amount provided— 

3 (1) $194,000,000 is for grants to combat violence 

4 against women, as authorized by part T of the 1968 

5 Act, of which, notwithstanding such part T, 

6 $10,000,000 shall be available for programs relating 

7 to children exposed to violence; 

8 (2) $25,000,000 is for transitional housing as9 sistance grants for victims of domestic violence, stalk10 ing or sexual assault as authorized by section 40299 

11 of the 1994 Act; 

12 (3) $3,000,000 is for the National Institute of 

13 Justice for research and evaluation of violence against 

14 women and related issues addressed by grant pro15 grams of the Office on Violence Against Women; 

16 (4) $10,000,000 is for a grant program to pro17 vide services to advocate for and respond to youth vic18 tims of domestic violence, dating violence, sexual as19 sault, and stalking; assistance to children and youth 

20 exposed to such violence; programs to engage men and 

21 youth in preventing such violence; and assistance to 

22 middle and high school students through education 

23 and other services related to such violence: Provided, 

24 That unobligated balances available for the programs 

25 authorized by sections 41201, 41204, 41303 and 
133 

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1 41305 of the 1994 Act shall be available for this pro2 gram: Provided further, That 10 percent of the total 

3 amount available for this grant program shall be 

4 available for grants under the program authorized by 

5 section 2015 of the 1968 Act; 

6 (5) $45,913,000 is for grants to encourage arrest 

7 policies as authorized by part U of the 1968 Act, of 

8 which $5,000,000 is for a homicide initiative; 

9 (6) $25,000,000 is for sexual assault victims as10 sistance, as authorized by section 41601 of the 1994 

11 Act; 

12 (7) $34,000,000 is for rural domestic violence 

13 and child abuse enforcement assistance grants, as au14 thorized by section 40295 of the 1994 Act; 

15 (8) $9,000,000 is for grants to reduce violent 

16 crimes against women on campus, as authorized by 

17 section 304 of the 2005 Act; 

18 (9) $45,000,000 is for legal assistance for vic19 tims, as authorized by section 1201 of the 2000 Act; 

20 (10) $4,000,000 is for enhanced training and 

21 services to end violence against and abuse of women 

22 in later life, as authorized by section 40802 of the 

23 1994 Act; 
134 

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1 (11) $11,250,000 is for the safe havens for chil2 dren program, as authorized by section 1301 of the 

3 2000 Act; 

4 (12) $5,000,000 is for education and training to 

5 end violence against and abuse of women with dis6 abilities, as authorized by section 1402 of the 2000 

7 Act; 

8 (13) $4,000,000 is for the court training and im9 provements program, as authorized by section 41002 

10 of the 1994 Act, of which $1,000,000 is to be used for 

11 a family court initiative; 

12 (14) $1,000,000 is for the National Resource 

13 Center on Workplace Responses to assist victims of 

14 domestic violence, as authorized by section 41501 of 

15 the 1994 Act; 

16 (15) $1,000,000 is for analysis and research on 

17 violence against Indian women, as authorized by sec18 tion 904 of the 2005 Act; and 

19 (16) $500,000 is for the Office on Violence 

20 Against Women to establish a national clearinghouse 

21 that provides training and technical assistance on 

22 issues relating to sexual assault of American Indian 

23 and Alaska Native women. 
135 

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1 SALARIES AND EXPENSES

2 For necessary expenses, not elsewhere specified in this 

3 title, for management and administration of programs 

4 within the Office on Violence Against Women, $20,580,000. 

5 OFFICE OF JUSTICE PROGRAMS

6 RESEARCH, EVALUATION, AND STATISTICS

7 (INCLUDING TRANSFER OF FUNDS)

8 For grants, contracts, cooperative agreements, and 

9 other assistance authorized by title I of the Omnibus Crime 

10 Control and Safe Streets Act of 1968 (‘‘the 1968 Act)’’; the 

11 Juvenile Justice and Delinquency Prevention Act of 1974 

12 (‘‘the 1974 Act’’); the Missing Children’s Assistance Act (42 

13 U.S.C. 5771 et seq.); the Prosecutorial Remedies and Other 

14 Tools to end the Exploitation of Children Today Act of 2003 

15 (Public Law 108–21); the Justice for All Act of 2004 (Pub16 lic Law 108–405); the Violence Against Women and De17 partment of Justice Reauthorization Act of 2005 (Public 

18 Law 109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse 

19 Act of 1990 (Public Law 101–647); the Second Chance Act 

20 of 2007 (Public Law 110–199); the Victims of Crime Act 

21 of 1984 (Public Law 98–473); the Adam Walsh Child Pro22 tection and Safety Act of 2006 (Public Law 109–248) (‘‘the 

23 Adam Walsh Act’’); the PROTECT Our Children Act of 

24 2008 (Public Law 110–401); subtitle D of title II of the 

25 Homeland Security Act of 2002 (Public Law 107–296) 
136 

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1 (‘‘the 2002 Act’’); and other programs; $121,000,000, to re2 main available until expended, of which— 

3 (1) $45,000,000 is for criminal justice statistics 

4 programs, and other activities, as authorized by part 

5 C of title I of the 1968 Act, of which $36,000,000 is 

6 for the administration and redesign of the National 

7 Crime Victimization Survey; 

8 (2) $40,000,000 is for research, development, and 

9 evaluation programs, and other activities as author10 ized by part B of title I of the 1968 Act and subtitle 

11 D of title II of the 2002 Act: Provided, That of the 

12 amounts provided under this heading, $5,000,000 is 

13 transferred directly to the National Institute of 

14 Standards and Technology’s Office of Law Enforce15 ment Standards from the National Institute of Justice 

16 for research, testing and evaluation programs; 

17 (3) $1,000,000 is for an evaluation clearinghouse 

18 program; and 

19 (4) $35,000,000 is for regional information shar20 ing activities, as authorized by part M of title I of 

21 the 1968 Act. 

22 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

23 (INCLUDING TRANSFER OF FUNDS)

24 For grants, contracts, cooperative agreements, and 

25 other assistance authorized by the Violent Crime Control 
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1 and Law Enforcement Act of 1994 (Public Law 103–322) 

2 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe 

3 Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All 

4 Act of 2004 (Public Law 108–405); the Victims of Child 

5 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); 

6 the Trafficking Victims Protection Reauthorization Act of 

7 2005 (Public Law 109–164); the Violence Against Women 

8 and Department of Justice Reauthorization Act of 2005 

9 (Public Law 109–162) (‘‘the 2005 Act’’); the Adam Walsh 

10 Child Protection and Safety Act of 2006 (Public Law 109– 

11 248) (‘‘the Adam Walsh Act’’); the Victims of Trafficking 

12 and Violence Protection Act of 2000 (Public Law 106–386); 

13 the NICS Improvement Amendments Act of 2007 (Public 

14 Law 110–180); subtitle D of title II of the Homeland Secu15 rity Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); 

16 the Second Chance Act of 2007 (Public Law 110–199); the 

17 Prioritizing Resources and Organization for Intellectual 

18 Property Act of 2008 (Public Law 110–403); the Victims 

19 of Crime Act of 1984 (Public Law 98–473); the Mentally 

20 Ill Offender Treatment and Crime Reduction Reauthoriza21 tion and Improvement Act of 2008 (Public Law 110–416); 

22 and other programs; $1,063,498,000, to remain available 

23 until expended as follows— 

24 (1) $395,000,000 for the Edward Byrne Memo25 rial Justice Assistance Grant program as authorized 
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1 by subpart 1 of part E of title I of the 1968 Act (ex2 cept that section 1001(c), and the special rules for 

3 Puerto Rico under section 505(g), of title I of the 

4 1968 Act shall not apply for purposes of this Act); 

5 and, notwithstanding such subpart 1, to support in6 novative, place-based, evidence-based approaches to 

7 fighting crime and improving public safety, of which 

8 $3,000,000 is for a program to improve State and 

9 local law enforcement intelligence capabilities includ10 ing antiterrorism training and training to ensure 

11 that constitutional rights, civil liberties, civil rights, 

12 and privacy interests are protected throughout the in13 telligence process, $4,000,000 is for a State and local 

14 assistance help desk and diagnostic center program, 

15 $5,000,000 is for a program to improve State, local 

16 and tribal probation supervision efforts and strate17 gies, and $3,000,000 is for a Preventing Violence 

18 Against Law Enforcement Officer Resilience and Sur19 vivability Initiative (VALOR): Provided, That funds 

20 made available under this heading may be used at the 

21 discretion of the Assistant Attorney General for the 

22 Office of Justice Programs to train Federal law en23 forcement under the VALOR Officer Safety Training 

24 Initiative; 
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1 (2) $273,000,000 for the State Criminal Alien 

2 Assistance Program, as authorized by section 

3 241(i)(5) of the Immigration and Nationality Act (8 

4 U.S.C. 1231(i)(5)): Provided, That no jurisdiction 

5 shall request compensation for any cost greater than 

6 the actual cost for Federal immigration and other de7 tainees housed in State and local detention facilities; 

8 (3) $20,000,000 for the Northern and Southwest 

9 Border Prosecutor Initiatives to reimburse State, 

10 county, parish, tribal or municipal governments for 

11 costs associated with the prosecution of criminal cases 

12 declined by local offices of the United States Attor13 neys; 

14 (4) $21,000,000 for competitive grants to im15 prove the functioning of the criminal justice system, 

16 to prevent or combat juvenile delinquency, and to as17 sist victims of crime (other than compensation); 

18 (5) $10,500,000 for victim services programs for 

19 victims of trafficking, as authorized by section 

20 107(b)(2) of Public Law 106–386 and for programs 

21 authorized under Public Law 109–164: Provided, 

22 That no less than $4,690,000 shall be for victim serv23 ices grants for foreign national victims of trafficking; 

24 (6) $35,000,000 for Drug Courts, as authorized 

25 by section 1001(25)(A) of title I of the 1968 Act; 
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1 (7) $9,000,000 for mental health courts and 

2 adult and juvenile collaboration program grants, as 

3 authorized by parts V and HH of title I of the 1968 

4 Act, and the Mentally Ill Offender Treatment and 

5 Crime Reduction Reauthorization and Improvement 

6 Act of 2008 (Public Law 110–416); 

7 (8) $10,000,000 for grants for Residential Sub8 stance Abuse Treatment for State Prisoners, as au9 thorized by part S of title I of the 1968 Act; 

10 (9) $4,000,000 for the Capital Litigation Im11 provement Grant Program, as authorized by section 

12 426 of Public Law 108–405; 

13 (10) $10,000,000 for economic, high technology 

14 and Internet crime prevention grants, as authorized 

15 by section 401 of Public Law 110–403; 

16 (11) $5,000,000 for a student loan repayment as17 sistance program pursuant to section 952 of Public 

18 Law 110–315; 

19 (12) $23,000,000 for activities, including sex of20 fender management assistance, authorized by the 

21 Adam Walsh Act and the Violent Crime Control Act 

22 of 1994 (Public Law 103–322); 

23 (13) $10,000,000 for an initiative relating to 

24 children exposed to violence; 
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1 (14) $20,000,000 for an Edward Byrne Memo2 rial criminal justice innovation program; 

3 (15) $24,850,000 for the matching grant pro4 gram for law enforcement armor vests, as authorized 

5 by section 2501 of title I of the 1968 Act: Provided, 

6 That $1,500,000 is transferred directly to the Na7 tional Institute of Standards and Technology’s Office 

8 of Law Enforcement Standards for research, testing 

9 and evaluation programs; 

10 (16) $1,000,000 for the National Sex Offender 

11 Public Web site; 

12 (17) $10,000,000 for competitive and evidence13 based programs to reduce gun crime and gang vio14 lence; 

15 (18) $10,000,000 for grants to assist State and 

16 tribal governments as authorized by the NICS Im17 provement Amendments Act of 2007 (Public Law 

18 110–180); 

19 (19) $8,000,000 for the National Criminal His20 tory Improvement Program for grants to upgrade 

21 criminal records; 

22 (20) $15,000,000 for Paul Coverdell Forensic 

23 Sciences Improvement Grants under part BB of title 

24 I of the 1968 Act; 
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1 (21) $131,000,000 for DNA-related and forensic 

2 programs and activities, of which— 

3 (A) $123,000,000 is for the purposes of 

4 DNA analysis and DNA capacity enhancement 

5 as defined in the DNA Analysis Backlog Elimi6 nation Act of 2000 (the Debbie Smith DNA 

7 Backlog Grant Program), of which not less than 

8 $85,500,000 is to be used for grants to crime lab9 oratories for purposes under 42 U.S.C. 14135, 

10 section (a); not less than $11,000,000 is to be 

11 used for the purposes of the Solving Cold Cases 

12 with DNA Grant Program; not less than 

13 $11,000,000 is to be used to audit and report on 

14 the extent of the backlog; and the remainder of 

15 funds appropriated under this paragraph may 

16 be used to support training programs specific to 

17 the needs of DNA laboratory personnel, and for 

18 programs outlined in sections 303, 304, 305 and 

19 308 of Public Law 108–405; 

20 (B) $4,000,000 is for the purposes described 

21 in the Kirk Bloodsworth Post-Conviction DNA 

22 Testing Program (Public Law 108–405, section 

23 412); and 
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1 (C) $4,000,000 is for Sexual Assault Foren2 sic Exam Program Grants as authorized by sec3 tion 304 of Public Law 108–405. 

4 (22) $2,500,000 for the court-appointed special 

5 advocate program, as authorized by section 217 of the 

6 1990 Act; 

7 (23) $1,500,000 for child abuse training pro8 grams for judicial personnel and practitioners, as au9 thorized by section 222 of the 1990 Act; and 

10 (24) $3,000,000 for grants and technical assist11 ance in support of the National Forum on Youth Vio12 lence Prevention: 

13 Provided, That if a unit of local government uses any of 

14 the funds made available under this heading to increase the 

15 number of law enforcement officers, the unit of local govern16 ment will achieve a net gain in the number of law enforce17 ment officers who perform non-administrative public sector 

18 safety service. 

19 JUVENILE JUSTICE PROGRAMS

20 For grants, contracts, cooperative agreements, and 

21 other assistance authorized by the Juvenile Justice and De22 linquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Om23 nibus Crime Control and Safe Streets Act of 1968 (‘‘the 

24 1968 Act’’); the Violence Against Women and Department 

25 of Justice Reauthorization Act of 2005 (Public Law 109– 
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1 162) (‘‘the 2005 Act’’); the Missing Children’s Assistance 

2 Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies 

3 and Other Tools to end the Exploitation of Children Today 

4 Act of 2003 (Public Law 108–21); the Victims of Child 

5 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); 

6 the Adam Walsh Child Protection and Safety Act of 2006 

7 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the PRO8 TECT Our Children Act of 2008 (Public Law 110–401); 

9 and other juvenile justice programs, $251,000,000, to re10 main available until expended as follows— 

11 (1) $45,000,000 for programs authorized by sec12 tion 221 of the 1974 Act, and for training and tech13 nical assistance to assist small, non-profit organiza14 tions with the Federal grants process; 

15 (2) $55,000,000 for youth mentoring grants; 

16 (3) $33,000,000 for delinquency prevention, as 

17 authorized by section 505 of the 1974 Act, of which, 

18 pursuant to sections 261 and 262 thereof— 

19 (A) $15,000,000 shall be for the Tribal 

20 Youth Program; 

21 (B) $8,000,000 shall be for gang and youth 

22 violence education, prevention and intervention, 

23 and related activities; and 

24 (C) $10,000,000 shall be for programs and 

25 activities to enforce State laws prohibiting the 
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1 sale of alcoholic beverages to minors or the pur2 chase or consumption of alcoholic beverages by 

3 minors, for prevention and reduction of con4 sumption of alcoholic beverages by minors, and 

5 for technical assistance and training; 

6 (4) $20,000,000 for programs authorized by the 

7 Victims of Child Abuse Act of 1990; 

8 (5) $30,000,000 for the Juvenile Accountability 

9 Block Grants program as authorized by part R of 

10 title I of the 1968 Act and Guam shall be considered 

11 a State; 

12 (6) $8,000,000 for community-based violence pre13 vention initiatives; and 

14 (7) $60,000,000 for missing and exploited chil15 dren programs, including as authorized by sections 

16 404(b) and 405(a) of the 1974 Act: 

17 Provided, That not more than 10 percent of each amount 

18 may be used for research, evaluation, and statistics activi19 ties designed to benefit the programs or activities author20 ized: Provided further, That not more than 2 percent of each 

21 amount may be used for training and technical assistance: 

22 Provided further, That the previous two provisos shall not 

23 apply to grants and projects authorized by sections 261 and 

24 262 of the 1974 Act. 
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1 SALARIES AND EXPENSES

2 For necessary expenses, not elsewhere specified in this 

3 title, for management and administration of programs 

4 within the Office of Justice Programs, $118,572,000. 

5 PUBLIC SAFETY OFFICER BENEFITS

6 For payments and expenses authorized under section 

7 1001(a)(4) of title I of the Omnibus Crime Control and Safe 

8 Streets Act of 1968, such sums as are necessary (including 

9 amounts for administrative costs, which amounts shall be 

10 paid to the ‘‘Salaries and Expenses’’ account), to remain 

11 available until expended; and $16,300,000 for payments au12 thorized by section 1201(b) of such Act and for educational 

13 assistance authorized by section 1218 of such Act, to remain 

14 available until expended: Provided, That notwithstanding 

15 section 205 of this Act, upon a determination by the Attor16 ney General that emergent circumstances require additional 

17 funding for such disability and education payments, the At18 torney General may transfer such amounts to ‘‘Public Safe19 ty Officer Benefits’’ from available appropriations for the 

20 current fiscal year for the Department of Justice as may 

21 be necessary to respond to such circumstances: Provided fur22 ther, That any transfer pursuant to the previous proviso 

23 shall be treated as a reprogramming under section 505 of 

24 this Act and shall not be available for obligation or expendi-
147 

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1 ture except in compliance with the procedures set forth in 

2 that section. 

3 COMMUNITY ORIENTED POLICING SERVICES

4 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

5 (INCLUDING TRANSFERS OF FUNDS)

6 For activities authorized by the Violent Crime Control 

7 and Law Enforcement Act of 1994 (Public Law 103–322); 

8 the Omnibus Crime Control and Safe Streets Act of 1968 

9 (‘‘the 1968 Act’’); and the Violence Against Women and De10 partment of Justice Reauthorization Act of 2005 (Public 

11 Law 109–162) (‘‘the 2005 Act’’), $231,500,000, to remain 

12 available until expended: Provided, That any balances 

13 made available through prior year deobligations shall only 

14 be available in accordance with section 505 of this Act. Of 

15 the amount provided: 

16 (1) $1,500,000 is for research, testing, and eval17 uation programs regarding law enforcement tech18 nologies and interoperable communications, and re19 lated law enforcement and public safety equipment, 

20 which shall be transferred directly to the National In21 stitute of Standards and Technology’s Office of Law 

22 Enforcement Standards from the Community Ori23 ented Policing Services Office; 

24 (2) $10,000,000 is for anti-methamphetamine-re25 lated activities, which shall be transferred to the Drug 
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1 Enforcement Administration upon enactment of this 

2 Act; 

3 (3) $20,000,000 is for improving tribal law en4 forcement, including hiring, equipment, training, and 

5 anti-methamphetamine activities; and 

6 (4) $200,000,000 is for grants under section 

7 1701 of title I of the 1968 Act (42 U.S.C. 3796dd) for 

8 the hiring and rehiring of additional career law en9 forcement officers under part Q of such title notwith10 standing subsection (i) of such section: Provided, That 

11 notwithstanding subsection (g) of the 1968 Act (42 

12 U.S.C. 3796dd), the Federal share of the costs of a 

13 project funded by such grants may not exceed 75 per14 cent unless the Director of the Office of Community 

15 Oriented Policing Services waives, wholly or in part, 

16 the requirement of a non-Federal contribution to the 

17 costs of a project: Provided further, That notwith18 standing 42 U.S.C. 3796dd–3(c), funding for hiring 

19 or rehiring a career law enforcement officer may not 

20 exceed $125,000, unless the Director of the Office of 

21 Community Oriented Policing Services grants a 

22 waiver from this limitation: Provided further, That 

23 within the amounts appropriated, $28,000,000 shall 

24 be used for the hiring and rehiring of tribal law en25 forcement officers: Provided further, That within the 
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1 amounts appropriated, $10,000,000 is for community 

2 policing development activities. 

3 SALARIES AND EXPENSES

4 For necessary expenses, not elsewhere specified in this 

5 title, for management and administration of programs 

6 within the Community Oriented Policing Services Office, 

7 $24,500,000. 

8 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

9 SEC. 201. In addition to amounts otherwise made 

10 available in this title for official reception and representa11 tion expenses, a total of not to exceed $50,000 from funds 

12 appropriated to the Department of Justice in this title shall 

13 be available to the Attorney General for official reception 

14 and representation expenses. 

15 SEC. 202. None of the funds appropriated by this title 

16 shall be available to pay for an abortion, except where the 

17 life of the mother would be endangered if the fetus were car18 ried to term, or in the case of rape: Provided, That should 

19 this prohibition be declared unconstitutional by a court of 

20 competent jurisdiction, this section shall be null and void. 

21 SEC. 203. None of the funds appropriated under this 

22 title shall be used to require any person to perform, or fa23 cilitate in any way the performance of, any abortion. 

24 SEC. 204. Nothing in the preceding section shall re25 move the obligation of the Director of the Bureau of Prisons 
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1 to provide escort services necessary for a female inmate to 

2 receive such service outside the Federal facility: Provided, 

3 That nothing in this section in any way diminishes the 

4 effect of section 203 intended to address the philosophical 

5 beliefs of individual employees of the Bureau of Prisons. 

6 SEC. 205. Not to exceed 5 percent of any appropriation 

7 made available for the current fiscal year for the Depart8 ment of Justice in this Act may be transferred between such 

9 appropriations, but no such appropriation, except as other10 wise specifically provided, shall be increased by more than 

11 10 percent by any such transfers: Provided, That any trans12 fer pursuant to this section shall be treated as a reprogram13 ming of funds under section 505 of this Act and shall not 

14 be available for obligation except in compliance with the 

15 procedures set forth in that section. 

16 SEC. 206. The Attorney General is authorized to extend 

17 through September 30, 2013, the Personnel Management 

18 Demonstration Project transferred to the Attorney General 

19 pursuant to section 1115 of the Homeland Security Act of 

20 2002, Public Law 107–296 (28 U.S.C. 599B) without limi21 tation on the number of employees or the positions covered. 

22 SEC. 207. Notwithstanding any other provision of law, 

23 Public Law 102–395 section 102(b) shall extend to the Bu24 reau of Alcohol, Tobacco, Firearms and Explosives in the 

25 conduct of undercover investigative operations and shall 
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1 apply without fiscal year limitation with respect to any 

2 undercover investigative operation by the Bureau of Alco3 hol, Tobacco, Firearms and Explosives that is necessary for 

4 the detection and prosecution of crimes against the United 

5 States. 

6 SEC. 208. None of the funds made available to the De7 partment of Justice in this Act may be used for the purpose 

8 of transporting an individual who is a prisoner pursuant 

9 to conviction for crime under State or Federal law and is 

10 classified as a maximum or high security prisoner, other 

11 than to a prison or other facility certified by the Federal 

12 Bureau of Prisons as appropriately secure for housing such 

13 a prisoner. 

14 SEC. 209. (a) None of the funds appropriated by this 

15 Act may be used by Federal prisons to purchase cable tele16 vision services, to rent or purchase videocassettes, video17 cassette recorders, or other audiovisual or electronic equip18 ment used primarily for recreational purposes. 

19 (b) The preceding sentence does not preclude the rent20 ing, maintenance, or purchase of audiovisual or electronic 

21 equipment for inmate training, religious, or educational 

22 programs. 

23 SEC. 210. None of the funds made available under this 

24 title shall be obligated or expended for any new or enhanced 

25 information technology program having total estimated de-
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1 velopment costs in excess of $100,000,000, unless the Deputy 

2 Attorney General and the investment review board certify 

3 to the Committees on Appropriations that the information 

4 technology program has appropriate program management 

5 and contractor oversight mechanisms in place, and that the 

6 program is compatible with the enterprise architecture of 

7 the Department of Justice. 

8 SEC. 211. The notification thresholds and procedures 

9 set forth in section 505 of this Act shall apply to deviations 

10 from the amounts designated for specific activities in this 

11 Act and accompanying statement, and to any use of 

12 deobligated balances of funds provided under this title in 

13 previous years. 

14 SEC. 212. None of the funds appropriated by this Act 

15 may be used to plan for, begin, continue, finish, process, 

16 or approve a public-private competition under the Office 

17 of Management and Budget Circular A–76 or any successor 

18 administrative regulation, directive, or policy for work per19 formed by employees of the Bureau of Prisons or of Federal 

20 Prison Industries, Incorporated. 

21 SEC. 213. Notwithstanding any other provision of law, 

22 no funds shall be available for the salary, benefits, or ex23 penses of any United States Attorney assigned dual or addi24 tional responsibilities by the Attorney General or his des-
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1 ignee that exempt that United States Attorney from the 

2 residency requirements of 28 U.S.C. 545. 

3 SEC. 214. At the discretion of the Attorney General, 

4 and in addition to any amounts that otherwise may be 

5 available (or authorized to be made available) by law, with 

6 respect to funds appropriated by this Act under the head7 ings for ‘‘Research Evaluation and Statistics’’, ‘‘State and 

8 Local Law Enforcement Assistance’’, and ‘‘Juvenile Justice 

9 Programs’’— 

10 (1) Up to 3 percent of funds made available for 

11 grant or reimbursement programs may be used to 

12 provide training and technical assistance; 

13 (2) Up to 3 percent of funds made available for 

14 grant or reimbursement programs under such head15 ings, except for amounts appropriated specifically for 

16 research, evaluation, or statistical programs adminis17 tered by the National Institute of Justice and the Bu18 reau of Justice Statistics, shall be transferred to and 

19 merged with funds provided to the National Institute 

20 of Justice and the Bureau of Justice Statistics, to be 

21 used by them for research, evaluation or statistical 

22 purposes, without regard to the authorizations for 

23 such grant or reimbursement programs, and of such 

24 amounts, $1,300,000 shall be transferred to the Bu-
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1 reau of Prisons for Federal inmate research and eval2 uation purposes; and 

3 (3) 7 percent of funds made available for grant 

4 or reimbursement programs: 

5 (A) under the heading ‘‘State and Local 

6 Law Enforcement Assistance’’; or 

7 (B) under the headings ‘‘Research, Evalua8 tion and Statistics’’ and ‘‘Juvenile Justice Pro9 grams’’, to be transferred to and merged with 

10 funds made available under the heading ‘‘State 

11 and Local Law Enforcement Assistance’’, shall 

12 be available for tribal criminal justice assistance 

13 without regard to the authorizations for such 

14 grant or reimbursement programs. 

15 SEC. 215. Notwithstanding any other provision of law, 

16 section 20109(a), in subtitle A of title II of the Violent 

17 Crime Control and Law Enforcement Act of 1994 (42 

18 U.S.C. 13709(a)), shall not apply to amounts made avail19 able by this title. 

20 SEC. 216. Section 530A of title 28, United States Code, 

21 is hereby amended by replacing ‘‘appropriated’’ with ‘‘used 

22 from appropriations’’, and by inserting ‘‘(2),’’ before ‘‘(3)’’. 

23 SEC. 217. (a) Within 30 days of enactment of this Act, 

24 the Attorney General shall report to the Committees on Ap25 propriations of the House of Representatives and the Senate 
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1 a cost and schedule estimate for the final operating capa2 bility of the Federal Bureau of Investigation’s Sentinel pro3 gram, including the costs of Bureau employees engaged in 

4 development work, the costs of operating and maintaining 

5 Sentinel for 2 years after achievement of the final operating 

6 capability, and a detailed list of the functionalities included 

7 in the final operating capability compared to the 

8 functionalities included in the previous program baseline. 

9 (b) The report described in subsection (a) shall be sub10 mitted concurrently to the Department of Justice Office of 

11 Inspector General (OIG) and, within 60 days of receiving 

12 such report, the OIG shall provide an assessment of such 

13 report to the Committees on Appropriations of the House 

14 of Representatives and the Senate. 

15 SEC. 218. No funds made available under this Act 

16 shall be used to allow the knowing transfer of firearms to 

17 agents of drug cartels where law enforcement personnel of 

18 the United States do not continuously monitor or control 

19 such firearms at all times. 

20 EVALUATION OF GULF COAST CLAIMS FACILITY

21 SEC. 219. The Attorney General shall identify an inde22 pendent auditor to evaluate the Gulf Coast Claims Facility. 

23 This title may be cited as the ‘‘Department of Justice 

24 Appropriations Act, 2012’’. 
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1 TITLE III 

2 SCIENCE 

3 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

4 For necessary expenses of the Office of Science and 

5 Technology Policy, in carrying out the purposes of the Na6 tional Science and Technology Policy, Organization, and 

7 Priorities Act of 1976 (42 U.S.C. 6601–6671), hire of pas8 senger motor vehicles, and services as authorized by 5 

9 U.S.C. 3109, not to exceed $2,100 for official reception and 

10 representation expenses, and rental of conference rooms in 

11 the District of Columbia, $6,000,000. 

12 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

13 SCIENCE

14 For necessary expenses, not otherwise provided for, in 

15 the conduct and support of science research and develop16 ment activities, including research, development, oper17 ations, support, and services; maintenance and repair, fa18 cility planning and design; space flight, spacecraft control, 

19 and communications activities; program management; per20 sonnel and related costs, including uniforms or allowances 

21 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex22 penses; purchase and hire of passenger motor vehicles; and 

23 purchase, lease, charter, maintenance, and operation of 

24 mission and administrative aircraft, $5,100,000,000, to re25 main available until September 30, 2013, of which up to 
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1 $10,000,000 shall be available for a reimbursable agreement 

2 with the Department of Energy for the purpose of re-estab3 lishing facilities to produce fuel required for radio-isotope 

4 thermoelectric generators to enable future missions: Pro5 vided, That the development cost (as defined under 51 

6 U.S.C. 30104) for the James Webb Space Telescope shall 

7 not exceed $8,000,000,000: Provided further, That should 

8 the individual identified under subparagraph (c)(2)(E) of 

9 section 30104 of title 51 as responsible for the James Webb 

10 Space Telescope determine that the development cost of the 

11 program is likely to exceed that limitation, the individual 

12 shall immediately notify the Administrator and the in13 crease shall be treated as if it meets the 30 percent threshold 

14 described in subsection (f) of section 30104 of title 51. 

15 AERONAUTICS

16 For necessary expenses, not otherwise provided for, in 

17 the conduct and support of aeronautics research and devel18 opment activities, including research, development, oper19 ations, support, and services; maintenance and repair, fa20 cility planning and design; space flight, spacecraft control, 

21 and communications activities; program management; per22 sonnel and related costs, including uniforms or allowances 

23 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex24 penses; purchase and hire of passenger motor vehicles; and 

25 purchase, lease, charter, maintenance, and operation of 
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1 mission and administrative aircraft, $501,000,000, to re2 main available until September 30, 2013. 

3 SPACE TECHNOLOGY

4 For necessary expenses, not otherwise provided for, in 

5 the conduct and support of space research and technology 

6 development activities, including research, development, op7 erations, support, and services; maintenance and repair, fa8 cility planning and design; space flight, spacecraft control, 

9 and communications activities; program management; per10 sonnel and related costs, including uniforms or allowances 

11 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex12 penses; purchase and hire of passenger motor vehicles; and 

13 purchase, lease, charter, maintenance, and operation of 

14 mission and administrative aircraft, $637,000,000, to re15 main available until September 30, 2013. 

16 EXPLORATION

17 For necessary expenses, not otherwise provided for, in 

18 the conduct and support of exploration research and devel19 opment activities, including research, development, oper20 ations, support, and services; maintenance and repair, fa21 cility planning and design; space flight, spacecraft control, 

22 and communications activities; program management, per23 sonnel and related costs, including uniforms or allowances 

24 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex25 penses; purchase and hire of passenger motor vehicles; and 
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1 purchase, lease, charter, maintenance, and operation of 

2 mission and administrative aircraft, $3,775,000,000, to re3 main available until September 30, 2013: Provided, That 

4 not less than $1,200,000,000 shall be for the Orion multi5 purpose crew vehicle, not less than $1,800,000,000 shall be 

6 for the heavy lift launch vehicle system which shall have 

7 a lift capacity not less than 130 tons and which shall have 

8 an upper stage and other core elements developed simulta9 neously, $500,000,000 shall be for commercial spaceflight 

10 activities, and $275,000,000 shall be for exploration re11 search and development: Provided further, That 

12 $192,600,000 of the funds provided for commercial 

13 spaceflight activities shall only be available after the NASA 

14 Administrator certifies to the Committees on Appropria15 tions, in writing, that NASA has published the required no16 tifications of NASA contract actions implementing the ac17 quisition strategy for the heavy lift launch vehicle system 

18 identified in section 302 of Public Law 111–267 and has 

19 begun to execute relevant contract actions in support of de20 velopment of the heavy lift launch vehicle system: Provided 

21 further, That funds made available under this heading 

22 within this Act may be transferred to ‘‘Construction and 

23 Environmental Compliance and Restoration’’ for construc24 tion activities related to the Orion multipurpose crew vehi25 cle and the heavy lift launch vehicle system: Provided fur-
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1 ther, That funds so transferred shall be subject to the 5 per2 cent but shall not be subject to the 10 percent transfer limi3 tation described under the Administrative Provisions in 

4 this Act for the National Aeronautics and Space Adminis5 tration, shall be available until September 30, 2017, and 

6 shall be treated as a reprogramming under section 505 of 

7 this Act. 

8 SPACE OPERATIONS

9 For necessary expenses, not otherwise provided for, in 

10 the conduct and support of space operations research and 

11 development activities, including research, development, op12 erations, support and services; space flight, spacecraft con13 trol and communications activities including operations, 

14 production, and services; maintenance and repair, facility 

15 planning and design; program management; personnel and 

16 related costs, including uniforms or allowances therefor, as 

17 authorized by 5 U.S.C. 5901–5902; travel expenses; pur18 chase and hire of passenger motor vehicles; and purchase, 

19 lease, charter, maintenance and operation of mission and 

20 administrative aircraft, $4,285,000,000, to remain avail21 able until September 30, 2013: Provided, That of the 

22 amounts provided under this heading, not more than 

23 $650,900,000 shall be for Space Shuttle operations, produc24 tion, research, development, and support, not more than 

25 $2,803,500,000 shall be for International Space Station op-
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1 erations, production, research, development, and support, 

2 not more than $168,000,000 shall be for the 21st Century 

3 Launch Complex, and not more than $662,600,000 shall be 

4 for Space and Flight Support: Provided further, That funds 

5 made available under this heading for 21st Century Launch 

6 Complex may be transferred to ‘‘Construction and Environ7 mental Compliance and Restoration’’ for construction ac8 tivities only at NASA-owned facilities: Provided further, 

9 That funds so transferred shall not be subject to the transfer 

10 limitations described in the Administrative Provisions in 

11 this Act for the National Aeronautics and Space Adminis12 tration, shall be available until September 30, 2017, and 

13 shall be treated as a reprogramming under section 505 of 

14 this Act. 

15 EDUCATION

16 For necessary expenses, not otherwise provided for, in 

17 carrying out aerospace and aeronautical education research 

18 and development activities, including research, develop19 ment, operations, support, and services; program manage20 ment; personnel and related costs, uniforms or allowances 

21 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex22 penses; purchase and hire of passenger motor vehicles; and 

23 purchase, lease, charter, maintenance, and operation of 

24 mission and administrative aircraft, $138,400,000, to re25 main available until September 30, 2013. 
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1 CROSS AGENCY SUPPORT

2 For necessary expenses, not otherwise provided for, in 

3 the conduct and support of science, aeronautics, explo4 ration, space operations and education research and devel5 opment activities, including research, development, oper6 ations, support, and services; maintenance and repair, fa7 cility planning and design; space flight, spacecraft control, 

8 and communications activities; program management; per9 sonnel and related costs, including uniforms or allowances 

10 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex11 penses; purchase and hire of passenger motor vehicles; not 

12 to exceed $52,500 for official reception and representation 

13 expenses; and purchase, lease, charter, maintenance, and 

14 operation of mission and administrative aircraft, 

15 $3,043,073,000: Provided, That not less than $39,100,000 

16 shall be available for independent verification and valida17 tion activities: Provided further, That contracts may be en18 tered into under this heading in fiscal year 2012 for main19 tenance and operation of facilities, and for other services, 

20 to be provided during the next fiscal year. 

21 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

22 RESTORATION

23 For necessary expenses for construction of facilities in24 cluding repair, rehabilitation, revitalization, and modifica25 tion of facilities, construction of new facilities and addi-
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1 tions to existing facilities, facility planning and design, 

2 and restoration, and acquisition or condemnation of real 

3 property, as authorized by law, and environmental compli4 ance and restoration, $422,000,000, to remain available 

5 until September 30, 2017: Provided, That hereafter, not6 withstanding section 315 of the National Aeronautics and 

7 Space Act of 1958 (42 U.S.C. 2459j), all proceeds from 

8 leases entered into under that section shall be deposited into 

9 this account and shall be available for a period of 5 years, 

10 to the extent provided in annual appropriations Acts: Pro11 vided further, That such proceeds shall be available for obli12 gation for fiscal year 2012 in an amount not to exceed 

13 $3,960,000: Provided further, That each annual budget re14 quest shall include an annual estimate of gross receipts and 

15 collections and proposed use of all funds collected pursuant 

16 to section 315 of the National Aeronautics and Space Act 

17 of 1958 (42 U.S.C. 2459j). 

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector Gen20 eral in carrying out the Inspector General Act of 1978, 

21 $37,300,000. 

22 ADMINISTRATIVE PROVISIONS

23 Funds for announced prizes otherwise authorized shall 

24 remain available, without fiscal year limitation, until the 

25 prize is claimed or the offer is withdrawn. 
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1 Not to exceed 5 percent of any appropriation made 

2 available for the current fiscal year for the National Aero3 nautics and Space Administration in this Act may be 

4 transferred between such appropriations, but no such ap5 propriation, except as otherwise specifically provided, shall 

6 be increased by more than 10 percent by any such transfers. 

7 Balances so transferred shall be merged with and available 

8 for the same purposes and the same time period as the ap9 propriations to which transferred. Any transfer pursuant 

10 to this provision shall be treated as a reprogramming of 

11 funds under section 505 of this Act and shall not be avail12 able for obligation except in compliance with the procedures 

13 set forth in that section. 

14 The unexpired balances of previous accounts, for ac15 tivities for which funds are provided under this Act, may 

16 be transferred to the new accounts established in this Act 

17 that provide such activity. Balances so transferred shall be 

18 merged with the funds in the newly established accounts, 

19 but shall be available under the same terms, conditions and 

20 period of time as previously appropriated. 

21 Section 40902 of title 51, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(d) AVAILABILITY OF FUNDS.—The interest accruing 

24 from the National Aeronautics and Space Administration 

25 Endeavor Teacher Fellowship Trust Fund principal shall 
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1 be available in fiscal year 2012 for the purpose of the En2 deavor Science Teacher Certificate Program.’’. 

3 Section 20145(b)(1) of title 51 is amended by inserting 

4 ‘‘(A)’’ before ‘‘A person’’ and adding at the end thereof the 

5 following new subparagraph (B) as follows: 

6 ‘‘(B) Notwithstanding subparagraph (A), 

7 the Administrator may accept in-kind consider8 ation for leases entered into for the purpose of 

9 developing renewable energy production facili10 ties.’’. 

11 The spending plan required by section 540 of this Act 

12 shall be provided by NASA at the theme, program, project 

13 and activity level. The spending plan, as well as any subse14 quent change of an amount established in that spending 

15 plan that meets the notification requirements of section 505 

16 of this Act, shall be treated as a reprogramming under sec17 tion 505 of this Act and shall not be available for obligation 

18 or expenditure except in compliance with the procedures set 

19 forth in that section. 

20 NATIONAL SCIENCE FOUNDATION

21 RESEARCH AND RELATED ACTIVITIES

22 For necessary expenses in carrying out the National 

23 Science Foundation Act of 1950, as amended (42 U.S.C. 

24 1861–1875), and the Act to establish a National Medal of 

25 Science (42 U.S.C. 1880–1881); services as authorized by 
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1 5 U.S.C. 3109; maintenance and operation of aircraft and 

2 purchase of flight services for research support; acquisition 

3 of aircraft; and authorized travel; $5,443,000,000, to re4 main available until September 30, 2013, of which not to 

5 exceed $550,000,000 shall remain available until expended 

6 for polar research and operations support, and for reim7 bursement to other Federal agencies for operational and 

8 science support and logistical and other related activities 

9 for the United States Antarctic program: Provided, That 

10 receipts for scientific support services and materials fur11 nished by the National Research Centers and other National 

12 Science Foundation supported research facilities may be 

13 credited to this appropriation: Provided further, That not 

14 less than $146,830,000 shall be available for activities au15 thorized by section 7002(c)(2)(A)(iv) of Public Law 110– 

16 69: Provided further, That up to $100,000,000 of funds 

17 made available under this heading within this Act may be 

18 transferred to ‘‘Major Research Equipment and Facilities 

19 Construction’’: Provided further, That funds so transferred 

20 shall not be subject to the transfer limitations described in 

21 the Administrative Provisions in this Act for the National 

22 Science Foundation, and shall be available until expended 

23 only after notification of such transfer to the Committees 

24 on Appropriations. 
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1 MAJOR RESEARCH EQUIPMENT AND FACILITIES

2 CONSTRUCTION

3 For necessary expenses for the acquisition, construc4 tion, commissioning, and upgrading of major research 

5 equipment, facilities, and other such capital assets pursuant 

6 to the National Science Foundation Act of 1950, as amend7 ed (42 U.S.C. 1861–1875), including authorized travel, 

8 $117,055,000, to remain available until expended: Pro9 vided, That none of the funds may be used to reimburse 

10 the Judgment Fund. 

11 EDUCATION AND HUMAN RESOURCES

12 For necessary expenses in carrying out science, mathe13 matics and engineering education and human resources 

14 programs and activities pursuant to the National Science 

15 Foundation Act of 1950, as amended (42 U.S.C. 1861– 

16 1875), including services as authorized by 5 U.S.C. 3109, 

17 authorized travel, and rental of conference rooms in the Dis18 trict of Columbia, $829,000,000, to remain available until 

19 September 30, 2013: Provided, That not less than 

20 $54,890,000 shall be available until expended for activities 

21 authorized by section 7030 of Public Law 110–69. 

22 AGENCY OPERATIONS AND AWARD MANAGEMENT

23 For agency operations and award management nec24 essary in carrying out the National Science Foundation Act 

25 of 1950, as amended (42 U.S.C. 1861–1875); services au-
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1 thorized by 5 U.S.C. 3109; hire of passenger motor vehicles; 

2 not to exceed $6,900 for official reception and representa3 tion expenses; uniforms or allowances therefor, as author4 ized by 5 U.S.C. 5901–5902; rental of conference rooms in 

5 the District of Columbia; and reimbursement of the Depart6 ment of Homeland Security for security guard services; 

7 $290,400,000: Provided, That contracts may be entered into 

8 under this heading in fiscal year 2012 for maintenance and 

9 operation of facilities, and for other services, to be provided 

10 during the next fiscal year. 

11 OFFICE OF THE NATIONAL SCIENCE BOARD

12 For necessary expenses (including payment of salaries, 

13 authorized travel, hire of passenger motor vehicles, the rent14 al of conference rooms in the District of Columbia, and the 

15 employment of experts and consultants under section 3109 

16 of title 5, United States Code) involved in carrying out sec17 tion 4 of the National Science Foundation Act of 1950, as 

18 amended (42 U.S.C. 1863) and Public Law 86–209 (42 

19 U.S.C. 1880 et seq.), $4,440,000: Provided, That not to ex20 ceed $2,100 shall be available for official reception and rep21 resentation expenses. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector Gen24 eral as authorized by the Inspector General Act of 1978, 

25 as amended, $14,200,000. 
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1 ADMINISTRATIVE PROVISION

2 Not to exceed 5 percent of any appropriation made 

3 available for the current fiscal year for the National Science 

4 Foundation in this Act may be transferred between such 

5 appropriations, but no such appropriation shall be in6 creased by more than 10 percent by any such transfers. Any 

7 transfer pursuant to this section shall be treated as a re8 programming of funds under section 505 of this Act and 

9 shall not be available for obligation except in compliance 

10 with the procedures set forth in that section. 

11 This title may be cited as the ‘‘Science Appropriations 

12 Act, 2012’’. 

13 TITLE IV 

14 RELATED AGENCIES 

15 COMMISSION ON CIVIL RIGHTS

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses of the Commission on Civil 

19 Rights, including hire of passenger motor vehicles, 

20 $9,193,000: Provided, That none of the funds appropriated 

21 in this paragraph shall be used to employ in excess of four 

22 full-time individuals under Schedule C of the Excepted 

23 Service exclusive of one special assistant for each Commis24 sioner: Provided further, That none of the funds appro25 priated in this paragraph shall be used to reimburse Com-
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1 missioners for more than 75 billable days, with the excep2 tion of the chairperson, who is permitted 125 billable days: 

3 Provided further, That none of the funds appropriated in 

4 this paragraph shall be used for any activity or expense 

5 that is not explicitly authorized by 42 U.S.C. 1975a: Pro6 vided further, That there shall be an Inspector General at 

7 the Commission on Civil Rights who shall have the duties, 

8 responsibilities, and authorities specified in the Inspector 

9 General Act of 1978, as amended: Provided further, That 

10 an individual appointed to the position of Inspector Gen11 eral of the Equal Employment Opportunity Commission 

12 (EEOC) shall, by virtue of such appointment, also hold the 

13 position of Inspector General of the Commission on Civil 

14 Rights: Provided further, That the Inspector General of the 

15 Commission on Civil Rights shall utilize personnel of the 

16 Office of Inspector General of EEOC in performing the du17 ties of the Inspector General of the Commission on Civil 

18 Rights, and shall not appoint any individuals to positions 

19 within the Commission on Civil Rights: Provided further, 

20 That of the amounts made available in this paragraph, 

21 $800,000 shall be transferred directly to the Office of Inspec22 tor General of EEOC upon enactment of this Act for sala23 ries and expenses necessary to carry out the duties of the 

24 Inspector General of the Commission on Civil Rights. 
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1 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Equal Employment Op4 portunity Commission as authorized by title VII of the 

5 Civil Rights Act of 1964, the Age Discrimination in Em6 ployment Act of 1967, the Equal Pay Act of 1963, the Amer7 icans with Disabilities Act of 1990, the Civil Rights Act 

8 of 1991, the Genetic Information Non-Discrimination Act 

9 (GINA) of 2008 (Public Law 110–233), the ADA Amend10 ments Act of 2008 (Public Law 110–325), and the Lilly 

11 Ledbetter Fair Pay Act of 2009 (Public Law 111–2), in12 cluding services as authorized by 5 U.S.C. 3109; hire of pas13 senger motor vehicles as authorized by 31 U.S.C. 1343(b); 

14 and nonmonetary awards to private citizens, $329,837,000: 

15 Provided, That the Commission is authorized to make 

16 available for official reception and representation expenses 

17 not to exceed $1,875 from available funds: Provided further, 

18 That the Commission may take no action to implement any 

19 workforce repositioning, restructuring, or reorganization 

20 until such time as the Committees on Appropriations have 

21 been notified of such proposals, in accordance with the re22 programming requirements of section 505 of this Act: Pro23 vided further, That the Chair is authorized to accept and 

24 use any gift or donation to carry out the work of the Com25 mission. 
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1 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

2 For payments to State and local enforcement agencies 

3 for authorized services to the Commission, $29,400,000. 

4 INTERNATIONAL TRADE COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the International Trade 

7 Commission, including hire of passenger motor vehicles, 

8 and services as authorized by 5 U.S.C. 3109, and not to 

9 exceed $1,875 for official reception and representation ex10 penses, $80,062,000, to remain available until expended. 

11 LEGAL SERVICES CORPORATION

12 PAYMENT TO THE LEGAL SERVICES CORPORATION

13 For payment to the Legal Services Corporation to 

14 carry out the purposes of the Legal Services Corporation 

15 Act of 1974, $396,106,000, of which $370,506,000 is for 

16 basic field programs and required independent audits; 

17 $4,200,000 is for the Office of Inspector General, of which 

18 such amounts as may be necessary may be used to conduct 

19 additional audits of recipients; $17,000,000 is for manage20 ment and grants oversight; $3,400,000 is for client self-help 

21 and information technology; and $1,000,000 is for loan re22 payment assistance: Provided, That the Legal Services Cor23 poration may continue to provide locality pay to officers 

24 and employees at a rate no greater than that provided by 

25 the Federal Government to Washington, DC-based employ-
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1 ees as authorized by 5 U.S.C. 5304, notwithstanding section 

2 1005(d) of the Legal Services Corporation Act, 42 U.S.C. 

3 2996(d): Provided further, That the authorities provided in 

4 section 205 of this Act shall be applicable to the Legal Serv5 ices Corporation. 

6 ADMINISTRATIVE PROVISION—LEGAL SERVICES

7 CORPORATION

8 None of the funds appropriated in this Act to the Legal 

9 Services Corporation shall be expended for any purpose pro10 hibited or limited by, or contrary to any of the provisions 

11 of, sections 501, 502, 503, 504, 505, and 506 of Public Law 

12 105–119, and all funds appropriated in this Act to the 

13 Legal Services Corporation shall be subject to the same 

14 terms and conditions set forth in such sections, except that 

15 all references in sections 502 and 503 to 1997 and 1998 

16 shall be deemed to refer instead to 2011 and 2012, respec17 tively. 

18 Section 504 of the Departments of Commerce, Justice, 

19 and State, the Judiciary, and Related Agencies Appropria20 tions Act, 1996 (as contained in Public Law 104–134) is 

21 amended: 

22 (1) in subsection (a), in the matter preceding 

23 paragraph (1), by inserting after ‘‘)’’ the following: 

24 ‘‘that uses Federal funds (or funds from any source 
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1 with regard to paragraphs (14) and (15) in a man2 ner’’; 

3 (2) by striking subsection (d); and 

4 (3) by redesignating subsections (e) and (f) as 

5 subsections (d) and (e), respectively. 

6 MARINE MAMMAL COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Marine Mammal Com9 mission as authorized by title II of Public Law 92–522, 

10 $3,025,000. 

11 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of the United 

14 States Trade Representative, including the hire of passenger 

15 motor vehicles and the employment of experts and consult16 ants as authorized by 5 U.S.C. 3109, $46,775,000, of which 

17 $1,000,000 shall remain available until expended: Provided, 

18 That not to exceed $93,000 shall be available for official 

19 reception and representation expenses. 

20 STATE JUSTICE INSTITUTE

21 SALARIES AND EXPENSES

22 For necessary expenses of the State Justice Institute, 

23 as authorized by the State Justice Institute Authorization 

24 Act of 1984 (42 U.S.C. 10701 et seq.) $5,019,000, of which 

25 $500,000 shall remain available until September 30, 2013: 
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1 Provided, That not to exceed $1,875 shall be available for 

2 official reception and representation expenses. 

3 COMMISSION ON WARTIME RELOCATION AND INTERNMENT

4 OF LATIN AMERICANS OF JAPANESE DESCENT

5 SALARIES AND EXPENSES

6 For necessary expenses to carry out the activities of 

7 the Commission on Wartime Relocation and Internment of 

8 Latin Americans of Japanese Descent, as authorized by sec9 tion 541 of this Act, $1,700,000 shall be available until ex10 pended. 

11 TITLE V 

12 GENERAL PROVISIONS 

13 SEC. 501. No part of any appropriation contained in 

14 this Act shall be used for publicity or propaganda purposes 

15 not authorized by the Congress. 

16 SEC. 502. No part of any appropriation contained in 

17 this Act shall remain available for obligation beyond the 

18 current fiscal year unless expressly so provided herein. 

19 SEC. 503. The expenditure of any appropriation under 

20 this Act for any consulting service through procurement 

21 contract, pursuant to 5 U.S.C. 3109, shall be limited to 

22 those contracts where such expenditures are a matter of pub23 lic record and available for public inspection, except where 

24 otherwise provided under existing law, or under existing 

25 Executive order issued pursuant to existing law. 
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1 SEC. 504. If any provision of this Act or the applica2 tion of such provision to any person or circumstances shall 

3 be held invalid, the remainder of the Act and the applica4 tion of each provision to persons or circumstances other 

5 than those as to which it is held invalid shall not be affected 

6 thereby. 

7 SEC. 505. (a) None of the funds provided under this 

8 Act, or provided under previous appropriations Acts to the 

9 agencies funded by this Act that remain available for obli10 gation or expenditure in fiscal year 2012, or provided from 

11 any accounts in the Treasury of the United States derived 

12 by the collection of fees available to the agencies funded by 

13 this Act, shall be available for obligation or expenditure 

14 through the reprogramming of funds that— 

15 (1) creates or initiates a new program, project or 

16 activity, unless the House and Senate Committees on 

17 Appropriations are notified 15 days in advance of 

18 such reprogramming of funds; 

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

20 unless the House and Senate Committees on Appro21 priations are notified 15 days in advance of such re22 programming of funds; 

23 (3) increases funds or personnel by any means 

24 for any project or activity for which funds have been 

25 denied or restricted by this Act, unless the House and 
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1 Senate Committees on Appropriations are notified 15 

2 days in advance of such reprogramming of funds; 

3 (4) relocates an office or employees, unless the 

4 House and Senate Committees on Appropriations are 

5 notified 15 days in advance of such reprogramming 

6 of funds; 

7 (5) reorganizes or renames offices, programs or 

8 activities, unless the House and Senate Committees 

9 on Appropriations are notified 15 days in advance of 

10 such reprogramming of funds; 

11 (6) contracts out or privatizes any functions or 

12 activities presently performed by Federal employees, 

13 unless the House and Senate Committees on Appro14 priations are notified 15 days in advance of such re15 programming of funds; 

16 (7) proposes to use funds directed for a specific 

17 activity by either the House or Senate Committee on 

18 Appropriations for a different purpose, unless the 

19 House and Senate Committees on Appropriations are 

20 notified 15 days in advance of such reprogramming 

21 of funds; 

22 (8) augments funds for existing programs, 

23 projects or activities in excess of $500,000 or 10 per24 cent, whichever is less, or reduces by 10 percent fund25 ing for any program, project or activity, or numbers 
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1 of personnel by 10 percent as approved by Congress, 

2 unless the House and Senate Committees on Appro3 priations are notified 15 days in advance of such re4 programming of funds; or 

5 (9) results from any general savings, including 

6 savings from a reduction in personnel, which would 

7 result in a change in existing programs, projects or 

8 activities as approved by Congress, unless the House 

9 and Senate Committees on Appropriations are noti10 fied 15 days in advance of such reprogramming of 

11 funds. 

12 (b) None of the funds in provided under this Act, or 

13 provided under previous appropriations Acts to the agencies 

14 funded by this Act that remain available for obligation or 

15 expenditure in fiscal year 2012, or provided from any ac16 counts in the Treasury of the United States derived by the 

17 collection of fees available to the agencies funded by this 

18 Act, shall be available for obligation or expenditure through 

19 the reprogramming of funds after August 1, except in ex20 traordinary circumstances, and only after the House and 

21 Senate Committees on Appropriations are notified 30 days 

22 in advance of such reprogramming of funds. 

23 SEC. 506. Hereafter, none of the funds made available 

24 in this or any other Act may be used to implement, admin25 ister, or enforce any guidelines of the Equal Employment 
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1 Opportunity Commission covering harassment based on re2 ligion, when it is made known to the Federal entity or offi3 cial to which such funds are made available that such 

4 guidelines do not differ in any respect from the proposed 

5 guidelines published by the Commission on October 1, 1993 

6 (58 Fed. Reg. 51266). 

7 SEC. 507. If it has been finally determined by a court 

8 or Federal agency that any person intentionally affixed a 

9 label bearing a ‘‘Made in America’’ inscription, or any in10 scription with the same meaning, to any product sold in 

11 or shipped to the United States that is not made in the 

12 United States, the person shall be ineligible to receive any 

13 contract or subcontract made with funds made available in 

14 this Act, pursuant to the debarment, suspension, and ineli15 gibility procedures described in sections 9.400 through 

16 9.409 of title 48, Code of Federal Regulations. 

17 SEC. 508. The Departments of Commerce and Justice, 

18 the National Science Foundation, and the National Aero19 nautics and Space Administration, shall provide to the 

20 House and Senate Committees on Appropriations a quar21 terly accounting of the cumulative balances of any unobli22 gated funds that were received by such agency during any 

23 previous fiscal year. 

24 SEC. 509. Any costs incurred by a department or agen25 cy funded under this Act resulting from, or to prevent, per-
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1 sonnel actions taken in response to funding reductions in2 cluded in this Act shall be absorbed within the total budg3 etary resources available to such department or agency: 

4 Provided, That the authority to transfer funds between ap5 propriations accounts as may be necessary to carry out this 

6 section is provided in addition to authorities included else7 where in this Act: Provided further, That use of funds to 

8 carry out this section shall be treated as a reprogramming 

9 of funds under section 505 of this Act and shall not be avail10 able for obligation or expenditure except in compliance with 

11 the procedures set forth in that section. 

12 SEC. 510. None of the funds provided by this Act shall 

13 be available to promote the sale or export of tobacco or to14 bacco products, or to seek the reduction or removal by any 

15 foreign country of restrictions on the marketing of tobacco 

16 or tobacco products, except for restrictions which are not 

17 applied equally to all tobacco or tobacco products of the 

18 same type. 

19 SEC. 511. None of the funds appropriated pursuant 

20 to this Act or any other provision of law may be used for— 

21 (1) the implementation of any tax or fee in con22 nection with the implementation of subsection 922(t) 

23 of title 18, United States Code; and 

24 (2) any system to implement subsection 922(t) of 

25 title 18, United States Code, that does not require and 
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1 result in the destruction of any identifying informa2 tion submitted by or on behalf of any person who has 

3 been determined not to be prohibited from possessing 

4 or receiving a firearm no more than 24 hours after 

5 the system advises a Federal firearms licensee that 

6 possession or receipt of a firearm by the prospective 

7 transferee would not violate subsection (g) or (n) of 

8 section 922 of title 18, United States Code, or State 

9 law. 

10 SEC. 512. Notwithstanding any other provision of law, 

11 amounts deposited or available in the Fund established 

12 under 42 U.S.C. 10601 in any fiscal year in excess of 

13 $705,000,000 shall not be available for obligation until the 

14 following fiscal year. 

15 SEC. 513. None of the funds made available to the De16 partment of Justice in this Act may be used to discriminate 

17 against or denigrate the religious or moral beliefs of stu18 dents who participate in programs for which financial as19 sistance is provided from those funds, or of the parents or 

20 legal guardians of such students. 

21 SEC. 514. None of the funds made available in this 

22 Act may be transferred to any department, agency, or in23 strumentality of the United States Government, except pur24 suant to a transfer made by, or transfer authority provided 

25 in, this Act or any other appropriations Act. 
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1 SEC. 515. Any funds provided in this Act used to im2 plement E-Government Initiatives shall be subject to the 

3 procedures set forth in section 505 of this Act. 

4 SEC. 516. (a) Tracing studies conducted by the Bureau 

5 of Alcohol, Tobacco, Firearms and Explosives are released 

6 without adequate disclaimers regarding the limitations of 

7 the data. 

8 (b) The Bureau of Alcohol, Tobacco, Firearms and Ex9 plosives shall include in all such data releases, language 

10 similar to the following that would make clear that trace 

11 data cannot be used to draw broad conclusions about fire12 arms-related crime: 

13 (1) Firearm traces are designed to assist law en14 forcement authorities in conducting investigations by 

15 tracking the sale and possession of specific firearms. 

16 Law enforcement agencies may request firearms traces 

17 for any reason, and those reasons are not necessarily 

18 reported to the Federal Government. Not all firearms 

19 used in crime are traced and not all firearms traced 

20 are used in crime. 

21 (2) Firearms selected for tracing are not chosen 

22 for purposes of determining which types, makes, or 

23 models of firearms are used for illicit purposes. The 

24 firearms selected do not constitute a random sample 

25 and should not be considered representative of the 
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1 larger universe of all firearms used by criminals, or 

2 any subset of that universe. Firearms are normally 

3 traced to the first retail seller, and sources reported 

4 for firearms traced do not necessarily represent the 

5 sources or methods by which firearms in general are 

6 acquired for use in crime. 

7 SEC. 517. (a) The Inspectors General of the Depart8 ment of Commerce, the Department of Justice, the National 

9 Aeronautics and Space Administration, the National 

10 Science Foundation, and the Legal Services Corporation 

11 shall conduct audits, pursuant to the Inspector General Act 

12 (5 U.S.C. App.), of grants or contracts for which funds are 

13 appropriated by this Act, and shall submit reports to Con14 gress on the progress of such audits, which may include pre15 liminary findings and a description of areas of particular 

16 interest, within 180 days after initiating such an audit and 

17 every 180 days thereafter until any such audit is completed. 

18 (b) Within 60 days after the date on which an audit 

19 described in subsection (a) by an Inspector General is com20 pleted, the Secretary, Attorney General, Administrator, Di21 rector, or President, as appropriate, shall make the results 

22 of the audit available to the public on the Internet website 

23 maintained by the Department, Administration, Founda24 tion, or Corporation, respectively. The results shall be made 

25 available in redacted form to exclude— 
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1 (1) any matter described in section 552(b) of 

2 title 5, United States Code; and 

3 (2) sensitive personal information for any indi4 vidual, the public access to which could be used to 

5 commit identity theft or for other inappropriate or 

6 unlawful purposes. 

7 (c) A grant or contract funded by amounts appro8 priated by this Act may not be used for the purpose of de9 fraying the costs of a banquet or conference that is not di10 rectly and programmatically related to the purpose for 

11 which the grant or contract was awarded, such as a banquet 

12 or conference held in connection with planning, training, 

13 assessment, review, or other routine purposes related to a 

14 project funded by the grant or contract. 

15 (d) Any person awarded a grant or contract funded 

16 by amounts appropriated by this Act shall submit a state17 ment to the Secretary of Commerce, the Attorney General, 

18 the Administrator, Director, or President, as appropriate, 

19 certifying that no funds derived from the grant or contract 

20 will be made available through a subcontract or in any 

21 other manner to another person who has a financial interest 

22 in the person awarded the grant or contract. 

23 (e) The provisions of the preceding subsections of this 

24 section shall take effect 30 days after the date on which the 

25 Director of the Office of Management and Budget, in con-
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1 sultation with the Director of the Office of Government Eth2 ics, determines that a uniform set of rules and requirements, 

3 substantially similar to the requirements in such sub4 sections, consistently apply under the executive branch eth5 ics program to all Federal departments, agencies, and enti6 ties. 

7 SEC. 518. None of the funds appropriated or otherwise 

8 made available under this Act may be used to issue patents 

9 on claims directed to or encompassing a human organism. 

10 SEC. 519. None of the funds made available in this 

11 Act shall be used in any way whatsoever to support or jus12 tify the use of torture by any official or contract employee 

13 of the United States Government. 

14 SEC. 520. (a) Notwithstanding any other provision of 

15 law or treaty, none of the funds appropriated or otherwise 

16 made available under this Act or any other Act may be 

17 expended or obligated by a department, agency, or instru18 mentality of the United States to pay administrative ex19 penses or to compensate an officer or employee of the United 

20 States in connection with requiring an export license for 

21 the export to Canada of components, parts, accessories or 

22 attachments for firearms listed in Category I, section 121.1 

23 of title 22, Code of Federal Regulations (International Traf24 ficking in Arms Regulations (ITAR), part 121, as it existed 

25 on April 1, 2005) with a total value not exceeding $500 
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1 wholesale in any transaction, provided that the conditions 

2 of subsection (b) of this section are met by the exporting 

3 party for such articles. 

4 (b) The foregoing exemption from obtaining an export 

5 license— 

6 (1) does not exempt an exporter from filing any 

7 Shipper’s Export Declaration or notification letter re8 quired by law, or from being otherwise eligible under 

9 the laws of the United States to possess, ship, trans10 port, or export the articles enumerated in subsection 

11 (a); and 

12 (2) does not permit the export without a license 

13 of— 

14 (A) fully automatic firearms and compo15 nents and parts for such firearms, other than for 

16 end use by the Federal Government, or a Provin17 cial or Municipal Government of Canada; 

18 (B) barrels, cylinders, receivers (frames) or 

19 complete breech mechanisms for any firearm list20 ed in Category I, other than for end use by the 

21 Federal Government, or a Provincial or Munic22 ipal Government of Canada; or 

23 (C) articles for export from Canada to an24 other foreign destination. 
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1 (c) In accordance with this section, the District Direc2 tors of Customs and postmasters shall permit the permanent 

3 or temporary export without a license of any unclassified 

4 articles specified in subsection (a) to Canada for end use 

5 in Canada or return to the United States, or temporary 

6 import of Canadian-origin items from Canada for end use 

7 in the United States or return to Canada for a Canadian 

8 citizen. 

9 (d) The President may require export licenses under 

10 this section on a temporary basis if the President deter11 mines, upon publication first in the Federal Register, that 

12 the Government of Canada has implemented or maintained 

13 inadequate import controls for the articles specified in sub14 section (a), such that a significant diversion of such articles 

15 has and continues to take place for use in international 

16 terrorism or in the escalation of a conflict in another na17 tion. The President shall terminate the requirements of a 

18 license when reasons for the temporary requirements have 

19 ceased. 

20 SEC. 521. Notwithstanding any other provision of law, 

21 no department, agency, or instrumentality of the United 

22 States receiving appropriated funds under this Act or any 

23 other Act shall obligate or expend in any way such funds 

24 to pay administrative expenses or the compensation of any 

25 officer or employee of the United States to deny any appli-
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1 cation submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and 

2 qualified pursuant to 27 CFR section 478.112 or .113, for 

3 a permit to import United States origin ‘‘curios or relics’’ 

4 firearms, parts, or ammunition. 

5 SEC. 522. None of the funds made available in this 

6 Act may be used to include in any new bilateral or multi7 lateral trade agreement the text of— 

8 (1) paragraph 2 of article 16.7 of the United 

9 States-Singapore Free Trade Agreement; 

10 (2) paragraph 4 of article 17.9 of the United 

11 States-Australia Free Trade Agreement; or 

12 (3) paragraph 4 of article 15.9 of the United 

13 States-Morocco Free Trade Agreement. 

14 SEC. 523. None of the funds made available in this 

15 Act may be used to authorize or issue a national security 

16 letter in contravention of any of the following laws author17 izing the Federal Bureau of Investigation to issue national 

18 security letters: The Right to Financial Privacy Act; The 

19 Electronic Communications Privacy Act; The Fair Credit 

20 Reporting Act; The National Security Act of 1947; USA 

21 PATRIOT Act; and the laws amended by these Acts. 

22 SEC. 524. If at any time during any quarter, the pro23 gram manager of a project within the jurisdiction of the 

24 Departments of Commerce or Justice, the National Aero25 nautics and Space Administration, or the National Science 
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1 Foundation totaling more than $75,000,000 has reasonable 

2 cause to believe that the total program cost has increased 

3 by 10 percent, the program manager shall immediately in4 form the Secretary, Administrator, or Director. The Sec5 retary, Administrator, or Director shall notify the House 

6 and Senate Committees on Appropriations within 30 days 

7 in writing of such increase, and shall include in such notice: 

8 the date on which such determination was made; a state9 ment of the reasons for such increases; the action taken and 

10 proposed to be taken to control future cost growth of the 

11 project; changes made in the performance or schedule mile12 stones and the degree to which such changes have contrib13 uted to the increase in total program costs or procurement 

14 costs; new estimates of the total project or procurement 

15 costs; and a statement validating that the project’s manage16 ment structure is adequate to control total project or pro17 curement costs. 

18 SEC. 525. Funds appropriated by this Act, or made 

19 available by the transfer of funds in this Act, for intelligence 

20 or intelligence related activities are deemed to be specifi21 cally authorized by the Congress for purposes of section 504 

22 of the National Security Act of 1947 (50 U.S.C. 414) during 

23 fiscal year 2012 until the enactment of the Intelligence Au24 thorization Act for fiscal year 2012. 
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1 SEC. 526. The Departments, agencies, and commis2 sions funded under this Act, shall establish and maintain 

3 on the homepages of their Internet websites— 

4 (1) a direct link to the Internet websites of their 

5 Offices of Inspectors General; and 

6 (2) a mechanism on the Offices of Inspectors 

7 General website by which individuals may anony8 mously report cases of waste, fraud, or abuse with re9 spect to those Departments, agencies, and commis10 sions. 

11 SEC. 527. None of the funds appropriated or otherwise 

12 made available by this Act may be used to enter into a 

13 contract in an amount greater than $5,000,000 or to award 

14 a grant in excess of such amount unless the prospective con15 tractor or grantee certifies in writing to the agency award16 ing the contract or grant that, to the best of its knowledge 

17 and belief, the contractor or grantee has filed all Federal 

18 tax returns required during the three years preceding the 

19 certification, has not been convicted of a criminal offense 

20 under the Internal Revenue Code of 1986, and has not, more 

21 than 90 days prior to certification, been notified of any 

22 unpaid Federal tax assessment for which the liability re23 mains unsatisfied, unless the assessment is the subject of 

24 an installment agreement or offer in compromise that has 

25 been approved by the Internal Revenue Service and is not 
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1 in default, or the assessment is the subject of a non-frivolous 

2 administrative or judicial proceeding. 

3 SEC. 528. None of the funds appropriated or otherwise 

4 made available in this Act may be used in a manner that 

5 is inconsistent with the principal negotiating objective of 

6 the United States with respect to trade remedy laws to pre7 serve the ability of the United States— 

8 (1) to enforce vigorously its trade laws, including 

9 antidumping, countervailing duty, and safeguard 

10 laws; 

11 (2) to avoid agreements that— 

12 (A) lessen the effectiveness of domestic and 

13 international disciplines on unfair trade, espe14 cially dumping and subsidies; or 

15 (B) lessen the effectiveness of domestic and 

16 international safeguard provisions, in order to 

17 ensure that United States workers, agricultural 

18 producers, and firms can compete fully on fair 

19 terms and enjoy the benefits of reciprocal trade 

20 concessions; and 

21 (3) to address and remedy market distortions 

22 that lead to dumping and subsidization, including 

23 overcapacity, cartelization, and market-access bar24 riers. 
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1 (RESCISSIONS)

2 SEC. 529. (a) Of the unobligated balances available to 

3 the Department of Commerce, the following funds are hereby 

4 rescinded, not later than September 30, 2012, from the fol5 lowing account in the specified amount: 

6 (1) ‘‘National Telecommunications and Informa7 tion Administration, Information Infrastructure 

8 Grants’’, $2,000,000; and 

9 (2) ‘‘National Oceanic and Atmospheric Admin10 istration, Foreign Fishing Observer Fund’’, $350,000. 

11 (b) Of the amounts made available under section 3010 

12 of the Deficit Reduction Act of 2005 (47 U.S.C. 309 note), 

13 $4,300,000 in unobligated balances are hereby rescinded. 

14 (c) Of the unobligated balances available to the Depart15 ment of Justice from prior appropriations, the following 

16 funds are hereby rescinded, not later than September 30, 

17 2012, from the following accounts in the specified 

18 amounts— 

19 (1) ‘‘Working Capital Fund’’, $40,000,000; 

20 (2) ‘‘Legal Activities, Assets Forfeiture Fund’’, 

21 $620,000,000; and an additional $25,000,000 shall be 

22 permanently rescinded; 

23 (3) ‘‘United States Marshals Service, Salaries 

24 and Expenses’’, $7,200,000; 
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1 (4) ‘‘Drug Enforcement Administration, Salaries 

2 and Expenses’’, $30,000,000; 

3 (5) ‘‘Federal Prison System, Buildings and Fa4 cilities’’, $35,000,000; 

5 (6) ‘‘Office of Justice Programs’’, $42,600,000; 

6 (7) ‘‘Community Oriented Policing Services’’, 

7 $10,200,000; and 

8 (8) ‘‘Office on Violence Against Women’’, 

9 $5,000,000. 

10 (d) Within 30 days of enactment of this Act, the De11 partment of Justice shall submit to the Committees on Ap12 propriations of the House of Representatives and the Senate 

13 a report specifying the amount of each rescission made pur14 suant to this section. 

15 (e) The rescissions contained in this section shall not 

16 apply to funds provided in this Act. 

17 SEC. 530. None of the funds made available in this 

18 Act may be used to purchase first class or premium airline 

19 travel in contravention of sections 301–10.122 through 301– 

20 10.124 of title 41 of the Code of Federal Regulations. 

21 SEC. 531. None of the funds made available in this 

22 Act may be used to send or otherwise pay for the attendance 

23 of more than 50 employees from a Federal department or 

24 agency at any single conference occurring outside the 

25 United States. 
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1 SEC. 532. None of the funds appropriated or otherwise 

2 made available in this or any other Act may be used to 

3 transfer, release, or assist in the transfer or release to or 

4 within the United States, its territories, or possessions 

5 Khalid Sheikh Mohammed or any other detainee who— 

6 (1) is not a United States citizen or a member 

7 of the Armed Forces of the United States; and 

8 (2) is or was held on or after June 24, 2009, at 

9 the United States Naval Station, Guantanamo Bay, 

10 Cuba, by the Department of Defense. 

11 SEC. 533. (a) None of the funds appropriated or other12 wise made available in this or any other Act may be used 

13 to construct, acquire, or modify any facility in the United 

14 States, its territories, or possessions to house any individual 

15 described in subsection (c) for the purposes of detention or 

16 imprisonment in the custody or under the effective control 

17 of the Department of Defense. 

18 (b) The prohibition in subsection (a) shall not apply 

19 to any modification of facilities at United States Naval 

20 Station, Guantanamo Bay, Cuba. 

21 (c) An individual described in this subsection is any 

22 individual who, as of June 24, 2009, is located at United 

23 States Naval Station, Guantanamo Bay, Cuba, and who— 

24 (1) is not a citizen of the United States or a 

25 member of the Armed Forces of the United States; and 
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1 (2) is— 

2 (A) in the custody or under the effective 

3 control of the Department of Defense; or 

4 (B) otherwise under detention at United 

5 States Naval Station, Guantanamo Bay, Cuba. 

6 SEC. 534. None of the funds made available under this 

7 Act may be distributed to the Association of Community 

8 Organizations for Reform Now (ACORN) or its subsidi9 aries. 

10 SEC. 535. To the extent practicable, funds made avail11 able in this Act should be used to purchase light bulbs that 

12 are ‘‘Energy Star’’ qualified or have the ‘‘Federal Energy 

13 Management Program’’ designation. 

14 SEC. 536. The Director of the Office of Management 

15 and Budget shall instruct any department, agency, or in16 strumentality of the United States Government receiving 

17 funds appropriated under this Act to track undisbursed bal18 ances in expired grant accounts and include in its annual 

19 performance plan and performance and accountability re20 ports the following: 

21 (1) Details on future action the department, 

22 agency, or instrumentality will take to resolve 

23 undisbursed balances in expired grant accounts. 
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1 (2) The method that the department, agency, or 

2 instrumentality uses to track undisbursed balances in 

3 expired grant accounts. 

4 (3) Identification of undisbursed balances in ex5 pired grant accounts that may be returned to the 

6 Treasury of the United States. 

7 (4) In the preceding 3 fiscal years, details on the 

8 total number of expired grant accounts with 

9 undisbursed balances (on the first day of each fiscal 

10 year) for the department, agency, or instrumentality 

11 and the total finances that have not been obligated to 

12 a specific project remaining in the accounts. 

13 SEC. 537. None of the funds made available in this 

14 Act may be used to relocate the Bureau of the Census or 

15 employees from the Department of Commerce to the juris16 diction of the Executive Office of the President. 

17 SEC. 538. (a) The head of any department, agency, 

18 board or commission funded by this Act shall submit quar19 terly reports to the Inspector General, or the senior ethics 

20 official for any entity without an inspector general, of the 

21 appropriate department, agency, board or commission re22 garding the costs and contracting procedures relating to 

23 each conference held by the department, agency, board or 

24 commission during fiscal year 2012 for which the cost to 

25 the Government was more than $20,000. 
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1 (b) Each report submitted under subsection (a) shall 

2 include, for each conference described in that subsection held 

3 during the applicable quarter— 

4 (1) a description of the subject of and number of 

5 participants attending that conference; 

6 (2) a detailed statement of the costs to the Gov7 ernment relating to that conference, including— 

8 (A) the cost of any food or beverages; 

9 (B) the cost of any audio-visual services; 

10 and 

11 (C) a discussion of the methodology used to 

12 determine which costs relate to that conference; 

13 and 

14 (3) a description of the contracting procedures 

15 relating to that conference, including— 

16 (A) whether contracts were awarded on a 

17 competitive basis for that conference; and 

18 (B) a discussion of any cost comparison 

19 conducted by the department, agency, board or 

20 commission in evaluating potential contractors 

21 for that conference. 

22 SEC. 539. (a) None of the funds made available in this 

23 Act may be used to maintain or establish a computer net24 work unless such network blocks the viewing, downloading, 

25 and exchanging of pornography. 
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1 (b) Nothing in subsection (a) shall limit the use of 

2 funds necessary for any Federal, State, tribal, or local law 

3 enforcement agency or any other entity carrying out crimi4 nal investigations, prosecution, or adjudication activities. 

5 SEC. 540. The Departments of Commerce and Justice, 

6 the National Aeronautics and Space Administration, and 

7 the National Science Foundation are directed to submit 

8 spending plans, signed by the respective department or 

9 agency head, to the House and Senate Committees on Ap10 propriations within 30 days of enactment of this Act. 

11 SEC. 541. The amount appropriated or otherwise made 

12 available by title IV under the heading ‘‘COMMISSION ON

13 WARTIME RELOCATION AND INTERNMENT OF LATIN AMERI14 CANS OF JAPANESE DESCENT’’ is hereby reduced by 

15 $1,700,000. 

16 SEC. 542. The provisions of sections 517(c), 531, and 

17 538 shall apply to all agencies and departments funded by 

18 divisions A, B, and C. 

19 SEC. 543. (a) The matter under the heading ‘‘SALA20 RIES AND EXPENSES’’ under the heading ‘‘OFFICE OF THE

21 UNITED STATES TRADE REPRESENTATIVE’’ in title IV of 

22 this division is amended by striking ‘‘$46,775,000’’ and in23 serting ‘‘$51,251,000’’. 

24 (b) Of the unobligated balance of amounts made avail25 able to the Department of Justice for a fiscal year before 
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1 fiscal year 2012 for the ‘‘Legal Activities, Assets Forfeiture 

2 Fund’’ account, there are permanently rescinded 

3 $8,000,000, in addition to the amount rescinded pursuant 

4 to section 529(c)(2). 

5 This Act may be cited as the ‘‘Commerce, Justice, 

6 Science, and Related Agencies Appropriations Act, 2012’’. 

7 DIVISION C—TRANSPORTATION, HOUSING 

8 AND URBAN DEVELOPMENT, AND RE9 LATED AGENCIES 

10 That the following sums are appropriated, out of any 

11 money in the Treasury not otherwise appropriated, for the 

12 Departments of Transportation, and Housing and Urban 

13 Development, and related agencies for the fiscal year ending 

14 September 30, 2012, and for other purposes, namely: 

15 TITLE I 

16 DEPARTMENT OF TRANSPORTATION 

17 OFFICE OF THE SECRETARY

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of the Secretary, 

20 $102,202,000, of which not to exceed $2,618,000 shall be 

21 available for the immediate Office of the Secretary; not to 

22 exceed $981,000 shall be available for the Immediate Office 

23 of the Deputy Secretary; not to exceed $19,515,000 shall be 

24 available for the Office of the General Counsel; not to exceed 

25 $11,004,000 shall be available for the Office of the Under 
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1 Secretary of Transportation for Policy; not to exceed 

2 $10,538,000 shall be available for the Office of the Assistant 

3 Secretary for Budget and Programs; not to exceed 

4 $2,544,000 shall be available for the Office of the Assistant 

5 Secretary for Governmental Affairs; not to exceed 

6 $25,469,000 shall be available for the Office of the Assistant 

7 Secretary for Administration; not to exceed $2,046,000 shall 

8 be available for the Office of Public Affairs; not to exceed 

9 $1,649,000 shall be available for the Office of the Executive 

10 Secretariat; not to exceed $1,492,000 shall be available for 

11 the Office of Small and Disadvantaged Business Utiliza12 tion; not to exceed $10,578,000 for the Office of Intelligence, 

13 Security, and Emergency Response; and not to exceed 

14 $13,768,000 shall be available for the Office of the Chief 

15 Information Officer: Provided, That the Secretary of Trans16 portation is authorized to transfer funds appropriated for 

17 any office of the Office of the Secretary to any other office 

18 of the Office of the Secretary: Provided further, That no ap19 propriation for any office shall be increased or decreased 

20 by more than 5 percent by all such transfers: Provided fur21 ther, That notice of any change in funding greater than 

22 5 percent shall be submitted for approval to the House and 

23 Senate Committees on Appropriations: Provided further, 

24 That not to exceed $60,000 shall be for allocation within 

25 the Department for official reception and representation ex-
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1 penses as the Secretary may determine: Provided further, 

2 That notwithstanding any other provision of law, excluding 

3 fees authorized in Public Law 107–71, there may be cred4 ited to this appropriation up to $2,500,000 in funds re5 ceived in user fees: Provided further, That none of the funds 

6 provided in this Act shall be available for the position of 

7 Assistant Secretary for Public Affairs. 

8 NATIONAL INFRASTRUCTURE INVESTMENTS

9 For capital investments in surface transportation in10 frastructure, $550,000,000, to remain available through 

11 September 30, 2013: Provided, That the Secretary of Trans12 portation shall distribute funds provided under this heading 

13 as discretionary grants to be awarded to a State, local gov14 ernment, transit agency, or a collaboration among such en15 tities on a competitive basis for projects that will have a 

16 significant impact on the Nation, a metropolitan area, or 

17 a region: Provided further, That projects eligible for funding 

18 provided under this heading shall include, but not be lim19 ited to, highway or bridge projects eligible under title 23, 

20 United States Code; public transportation projects eligible 

21 under chapter 53 of title 49, United States Code; passenger 

22 and freight rail transportation projects; and port infra23 structure investments: Provided further, That the Secretary 

24 may use up to 35 percent of the funds made available under 

25 this heading for the purpose of paying the subsidy and ad-
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1 ministrative costs of projects eligible for Federal credit as2 sistance under chapter 6 of title 23, United States Code, 

3 if the Secretary finds that such use of the funds would ad4 vance the purposes of this paragraph: Provided further, 

5 That in distributing funds provided under this heading, the 

6 Secretary shall take such measures so as to ensure an equi7 table geographic distribution of funds, an appropriate bal8 ance in addressing the needs of urban and rural areas, and 

9 the investment in a variety of transportation modes: Pro10 vided further, That a grant funded under this heading shall 

11 be not less than $10,000,000 and not greater than 

12 $200,000,000: Provided further, That not more than 25 per13 cent of the funds made available under this heading may 

14 be awarded to projects in a single State: Provided further, 

15 That the Federal share of the costs for which an expenditure 

16 is made under this heading shall be, at the option of the 

17 recipient, up to 80 percent: Provided further, That the Sec18 retary shall give priority to projects that require a contribu19 tion of Federal funds in order to complete an overall financ20 ing package: Provided further, That not less than 

21 $120,000,000 of the funds provided under this heading shall 

22 be for projects located in rural areas: Provided further, That 

23 for projects located in rural areas, the minimum grant size 

24 shall be $1,000,000 and the Secretary may increase the Fed25 eral share of costs above 80 percent: Provided further, That 
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1 projects conducted using funds provided under this heading 

2 must comply with the requirements of subchapter IV of 

3 chapter 31 of title 40, United States Code: Provided further, 

4 That the Secretary shall conduct a new competition to select 

5 the grants and credit assistance awarded under this head6 ing: Provided further, That the Secretary may retain up 

7 to $25,000,000 of the funds provided under this heading, 

8 and may transfer portions of those funds to the Administra9 tors of the Federal Highway Administration, the Federal 

10 Transit Administration, the Federal Railroad Administra11 tion and the Federal Maritime Administration, to fund the 

12 award and oversight of grants and credit assistance made 

13 under this heading. 

14 FINANCIAL MANAGEMENT CAPITAL

15 For necessary expenses for upgrading and enhancing 

16 the Department of Transportation’s financial systems and 

17 re-engineering business processes, $4,990,000, to remain 

18 available through September 30, 2013. 

19 CYBER SECURITY INITIATIVES

20 For necessary expenses for cyber security initiatives, 

21 including improvement of network perimeter controls and 

22 identity management, testing and assessment of informa23 tion technology against business, security, and other re24 quirements, implementation of Federal cyber security ini25 tiatives and information infrastructure enhancements, im-
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1 plementation of enhanced security controls on network de2 vices, and enhancement of cyber security workforce training 

3 tools, $10,000,000, to remain available through September 

4 30, 2013. 

5 OFFICE OF CIVIL RIGHTS

6 For necessary expenses of the Office of Civil Rights, 

7 $9,648,000. 

8 TRANSPORTATION PLANNING, RESEARCH, AND

9 DEVELOPMENT

10 For necessary expenses for conducting transportation 

11 planning, research, systems development, development ac12 tivities, and making grants, to remain available until ex13 pended, $9,000,000. 

14 WORKING CAPITAL FUND

15 For necessary expenses for operating costs and capital 

16 outlays of the Working Capital Fund, not to exceed 

17 $147,596,000 shall be paid from appropriations made 

18 available to the Department of Transportation: Provided, 

19 That such services shall be provided on a competitive basis 

20 to entities within the Department of Transportation: Pro21 vided further, That the above limitation on operating ex22 penses shall not apply to non-DOT entities: Provided fur23 ther, That no funds appropriated in this Act to an agency 

24 of the Department shall be transferred to the Working Cap25 ital Fund without the approval of the agency modal admin-
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1 istrator: Provided further, That no assessments may be lev2 ied against any program, budget activity, subactivity or 

3 project funded by this Act unless notice of such assessments 

4 and the basis therefor are presented to the House and Senate 

5 Committees on Appropriations and are approved by such 

6 Committees. 

7 MINORITY BUSINESS RESOURCE CENTER PROGRAM

8 For the cost of guaranteed loans, $351,000, as author9 ized by 49 U.S.C. 332: Provided, That such costs, including 

10 the cost of modifying such loans, shall be as defined in sec11 tion 502 of the Congressional Budget Act of 1974: Provided 

12 further, That these funds are available to subsidize total 

13 loan principal, any part of which is to be guaranteed, not 

14 to exceed $18,367,000. In addition, for administrative ex15 penses to carry out the guaranteed loan program, $570,000. 

16 MINORITY BUSINESS OUTREACH

17 For necessary expenses of Minority Business Resource 

18 Center outreach activities, $3,068,000, to remain available 

19 until September 30, 2013: Provided, That notwithstanding 

20 49 U.S.C. 332, these funds may be used for business oppor21 tunities related to any mode of transportation. 
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1 PAYMENTS TO AIR CARRIERS

2 (AIRPORT AND AIRWAY TRUST FUND)

3 (INCLUDING TRANSFER OF FUNDS)

4 In addition to funds made available from any other 

5 source to carry out the essential air service program under 

6 49 U.S.C. 41731 through 41742, $143,000,000, to be derived 

7 from the Airport and Airway Trust Fund, to remain avail8 able until expended: Provided, That in determining between 

9 or among carriers competing to provide service to a commu10 nity, the Secretary may consider the relative subsidy re11 quirements of the carriers: Provided further, That no funds 

12 made available under section 41742 of title 49, United 

13 States Code, and no funds made available in this Act or 

14 any other Act in any fiscal year, shall be available to carry 

15 out the essential air service program under sections 41731 

16 through 41742 of such title 49 in communities in the 48 

17 contiguous States unless the community received subsidized 

18 essential air service or received a 90-day notice of intent 

19 to terminate service and the Secretary required the air car20 rier to continue to provide service to the community at any 

21 time between September 30, 2010, and September 30, 2011, 

22 inclusive: Provided further, That basic essential air service 

23 minimum requirements shall not include the 15-passenger 

24 capacity requirement under subsection 41732(b)(3) of title 

25 49, United States Code: Provided further, That if the funds 
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1 under this heading are insufficient to meet the costs of the 

2 essential air service program in the current fiscal year, the 

3 Secretary shall transfer such sums as may be necessary to 

4 carry out the essential air service program from any avail5 able amounts appropriated to or directly administered by 

6 the Office of the Secretary for such fiscal year. 

7 ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY

8 OF TRANSPORTATION

9 SEC. 101. None of the funds made available in this 

10 Act to the Department of Transportation may be obligated 

11 for the Office of the Secretary of Transportation to approve 

12 assessments or reimbursable agreements pertaining to funds 

13 appropriated to the modal administrations in this Act, ex14 cept for activities underway on the date of enactment of 

15 this Act, unless such assessments or agreements have com16 pleted the normal reprogramming process for Congressional 

17 notification. 

18 SEC. 102. None of the funds made available under this 

19 Act may be obligated or expended to establish or implement 

20 a program under which essential air service communities 

21 are required to assume subsidy costs commonly referred to 

22 as the EAS local participation program. 

23 SEC. 103. The Secretary or his designee may engage 

24 in activities with States and State legislators to consider 

25 proposals related to the reduction of motorcycle fatalities. 
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1 (RESCISSION)

2 SEC. 104. Of the amounts made available by section 

3 185 of Public Law 109–115, all unobligated balances as of 

4 the date of enactment of this Act are hereby rescinded. 

5 SEC. 105. Notwithstanding section 3324 of title 31, 

6 United States Code, in addition to authority provided by 

7 section 327 of title 49, United States Code, the Depart8 ment’s Working Capital Fund is hereby authorized to pro9 vide payments in advance to vendors that are necessary to 

10 carry out the Federal transit pass transportation fringe 

11 benefit program under Executive Order 13150 and section 

12 3049 of Public Law 109–59: Provided, That the Depart13 ment shall include adequate safeguards in the contract with 

14 the vendors to ensure timely and high-quality performance 

15 under the contract. 

16 SEC. 106. The Secretary shall post on the Web site of 

17 the Department of Transportation a schedule of all meetings 

18 of the Credit Council, including the agenda for each meet19 ing, and require the Credit Council to record the minutes 

20 of each meeting. 
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1 FEDERAL AVIATION ADMINISTRATION

2 OPERATIONS

3 (AIRPORT AND AIRWAY TRUST FUND)

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses of the Federal Aviation Admin6 istration, not otherwise provided for, including operations 

7 and research activities related to commercial space trans8 portation, administrative expenses for research and develop9 ment, establishment of air navigation facilities, the oper10 ation (including leasing) and maintenance of aircraft, sub11 sidizing the cost of aeronautical charts and maps sold to 

12 the public, lease or purchase of passenger motor vehicles for 

13 replacement only, in addition to amounts made available 

14 by Public Law 108–176, $9,635,710,000, of which 

15 $5,000,000,000 shall be derived from the Airport and Air16 way Trust Fund, of which not to exceed $7,560,815,000 

17 shall be available for air traffic organization activities; not 

18 to exceed $1,253,381,000 shall be available for aviation safe19 ty activities; not to exceed $15,005,000 shall be available 

20 for commercial space transportation activities; not to exceed 

21 $112,459,000 shall be available for financial services activi22 ties; not to exceed $98,858,000 shall be available for human 

23 resources program activities; not to exceed $337,944,000 

24 shall be available for region and center operations and re25 gional coordination activities; not to exceed $207,065,000 
210 

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1 shall be available for staff offices; and not to exceed 

2 $50,183,000 shall be available for information services: Pro3 vided, That not to exceed 2 percent of any budget activity, 

4 except for aviation safety budget activity, may be trans5 ferred to any budget activity under this heading: Provided 

6 further, That no transfer may increase or decrease any ap7 propriation by more than 2 percent: Provided further, That 

8 any transfer in excess of 2 percent shall be treated as a 

9 reprogramming of funds under section 405 of this Act and 

10 shall not be available for obligation or expenditure except 

11 in compliance with the procedures set forth in that section: 

12 Provided further, That not later than May 31, 2012, the 

13 Administrator shall submit to the House and Senate Com14 mittees on Appropriations a comprehensive report that de15 scribes all of the findings and conclusions reached during 

16 the Federal Aviation Administration’s efforts to develop an 

17 objective, data-driven method for placing air traffic control18 lers after the successful completion of their training at the 

19 Federal Aviation Administration Academy, lists all avail20 able options for establishing such method, and discusses the 

21 benefits and challenges of each option: Provided further, 

22 That not later than March 31 of each fiscal year hereafter, 

23 the Administrator of the Federal Aviation Administration 

24 shall transmit to Congress an annual update to the report 

25 submitted to Congress in December 2004 pursuant to sec-
211 

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1 tion 221 of Public Law 108–176: Provided further, That 

2 the amount herein appropriated shall be reduced by 

3 $100,000 for each day after March 31 that such report has 

4 not been submitted to the Congress: Provided further, That 

5 not later than March 31 of each fiscal year hereafter, the 

6 Administrator shall transmit to Congress a companion re7 port that describes a comprehensive strategy for staffing, 

8 hiring, and training flight standards and aircraft certifi9 cation staff in a format similar to the one utilized for the 

10 controller staffing plan, including stated attrition estimates 

11 and numerical hiring goals by fiscal year, and a benchmark 

12 for assessing the amount of time aviation inspectors spend 

13 directly observing industry field operations: Provided fur14 ther, That the amount herein appropriated shall be reduced 

15 by $100,000 per day for each day after March 31 that such 

16 report has not been submitted to Congress: Provided further, 

17 That funds may be used to enter into a grant agreement 

18 with a nonprofit standard-setting organization to assist in 

19 the development of aviation safety standards: Provided fur20 ther, That none of the funds in this Act shall be available 

21 for new applicants for the second career training program: 

22 Provided further, That none of the funds in this Act shall 

23 be available for the Federal Aviation Administration to fi24 nalize or implement any regulation that would promulgate 

25 new aviation user fees not specifically authorized by law 
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1 after the date of the enactment of this Act: Provided further, 

2 That there may be credited to this appropriation as offset3 ting collections funds received from States, counties, mu4 nicipalities, foreign authorities, other public authorities, 

5 and private sources for expenses incurred in the provision 

6 of agency services, including receipts for the maintenance 

7 and operation of air navigation facilities, and for issuance, 

8 renewal or modification of certificates, including airman, 

9 aircraft, and repair station certificates, or for tests related 

10 thereto, or for processing major repair or alteration forms: 

11 Provided further, That of the funds appropriated under this 

12 heading, not less than $9,500,000 shall be for the contract 

13 tower cost-sharing program: Provided further, That none of 

14 the funds in this Act for aeronautical charting and cartog15 raphy are available for activities conducted by, or coordi16 nated through, the Working Capital Fund. 

17 FACILITIES AND EQUIPMENT

18 (AIRPORT AND AIRWAY TRUST FUND)

19 For necessary expenses, not otherwise provided for, for 

20 acquisition, establishment, technical support services, im21 provement by contract or purchase, and hire of national 

22 airspace systems and experimental facilities and equip23 ment, as authorized under part A of subtitle VII of title 

24 49, United States Code, including initial acquisition of nec25 essary sites by lease or grant; engineering and service test-
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1 ing, including construction of test facilities and acquisition 

2 of necessary sites by lease or grant; construction and fur3 nishing of quarters and related accommodations for officers 

4 and employees of the Federal Aviation Administration sta5 tioned at remote localities where such accommodations are 

6 not available; and the purchase, lease, or transfer of aircraft 

7 from funds available under this heading, including aircraft 

8 for aviation regulation and certification; to be derived from 

9 the Airport and Airway Trust Fund, $2,630,731,000, of 

10 which $474,000,000 shall remain available until September 

11 30, 2012, and of which $2,156,731,000 shall remain avail12 able until September 30, 2014: Provided, That there may 

13 be credited to this appropriation funds received from States, 

14 counties, municipalities, other public authorities, and pri15 vate sources, for expenses incurred in the establishment, im16 provement, and modernization of national airspace sys17 tems: Provided further, That upon initial submission to the 

18 Congress of the fiscal year 2013 President’s budget, the Sec19 retary of Transportation shall transmit to the Congress a 

20 comprehensive capital investment plan for the Federal 

21 Aviation Administration which includes funding for each 

22 budget line item for fiscal years 2013 through 2017, with 

23 total funding for each year of the plan constrained to the 

24 funding targets for those years as estimated and approved 

25 by the Office of Management and Budget. 
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1 RESEARCH, ENGINEERING, AND DEVELOPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for, for 

4 research, engineering, and development, as authorized 

5 under part A of subtitle VII of title 49, United States Code, 

6 including construction of experimental facilities and acqui7 sition of necessary sites by lease or grant, $157,000,000, to 

8 be derived from the Airport and Airway Trust Fund and 

9 to remain available until September 30, 2014: Provided, 

10 That there may be credited to this appropriation as offset11 ting collections, funds received from States, counties, mu12 nicipalities, other public authorities, and private sources, 

13 which shall be available for expenses incurred for research, 

14 engineering, and development. 

15 GRANTS-IN-AID FOR AIRPORTS

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (LIMITATION ON OBLIGATIONS)

18 (AIRPORT AND AIRWAY TRUST FUND)

19 (INCLUDING TRANSFER OF FUNDS)

20 For liquidation of obligations incurred for grants-in21 aid for airport planning and development, and noise com22 patibility planning and programs as authorized under sub23 chapter I of chapter 471 and subchapter I of chapter 475 

24 of title 49, United States Code, and under other law author25 izing such obligations; for procurement, installation, and 
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1 commissioning of runway incursion prevention devices and 

2 systems at airports of such title; for grants authorized under 

3 section 41743 of title 49, United States Code; and for in4 spection activities and administration of airport safety pro5 grams, including those related to airport operating certifi6 cates under section 44706 of title 49, United States Code, 

7 $4,691,000,000 to be derived from the Airport and Airway 

8 Trust Fund and to remain available until expended: Pro9 vided, That none of the funds under this heading shall be 

10 available for the planning or execution of programs the obli11 gations for which are in excess of $3,515,000,000 in fiscal 

12 year 2012, notwithstanding section 47117(g) of title 49, 

13 United States Code: Provided further, That none of the 

14 funds under this heading shall be available for the replace15 ment of baggage conveyor systems, reconfiguration of ter16 minal baggage areas, or other airport improvements that 

17 are necessary to install bulk explosive detection systems: 

18 Provided further, That notwithstanding any other provision 

19 of law, of funds limited under this heading, not more than 

20 $101,000,000 shall be obligated for administration, not less 

21 than $15,000,000 shall be available for the airport coopera22 tive research program, not less than $29,250,000 shall be 

23 for Airport Technology Research and $6,000,000, to remain 

24 available until expended, shall be available and transferred 

25 to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry 
216 

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1 out the Small Community Air Service Development Pro2 gram. 

3 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

4 ADMINISTRATION

5 SEC. 110. None of the funds in this Act may be used 

6 to compensate in excess of 600 technical staff-years under 

7 the federally funded research and development center con8 tract between the Federal Aviation Administration and the 

9 Center for Advanced Aviation Systems Development during 

10 fiscal year 2012. 

11 SEC. 111. None of the funds in this Act shall be used 

12 to pursue or adopt guidelines or regulations requiring air13 port sponsors to provide to the Federal Aviation Adminis14 tration without cost building construction, maintenance, 

15 utilities and expenses, or space in airport sponsor-owned 

16 buildings for services relating to air traffic control, air 

17 navigation, or weather reporting: Provided, That the prohi18 bition of funds in this section does not apply to negotiations 

19 between the agency and airport sponsors to achieve agree20 ment on ‘‘below-market’’ rates for these items or to grant 

21 assurances that require airport sponsors to provide land 

22 without cost to the FAA for air traffic control facilities. 

23 SEC. 112. The Administrator of the Federal Aviation 

24 Administration may reimburse amounts made available to 

25 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 
217 

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1 U.S.C. 45303: Provided, That during fiscal year 2012, 49 

2 U.S.C. 41742(b) shall not apply, and any amount remain3 ing in such account at the close of that fiscal year may 

4 be made available to satisfy section 41742(a)(1) for the sub5 sequent fiscal year. 

6 SEC. 113. Amounts collected under section 40113(e) of 

7 title 49, United States Code, shall be credited to the appro8 priation current at the time of collection, to be merged with 

9 and available for the same purposes of such appropriation. 

10 SEC. 114. None of the funds limited by this Act for 

11 grants under the Airport Improvement Program shall be 

12 made available to the sponsor of a commercial service air13 port if such sponsor fails to agree to a request from the 

14 Secretary of Transportation for cost-free space in a nonrev15 enue producing, public use area of the airport terminal or 

16 other airport facilities for the purpose of carrying out a 

17 public service air passenger rights and consumer outreach 

18 campaign. 

19 SEC. 115. None of the funds in this Act shall be avail20 able for paying premium pay under subsection 5546(a) of 

21 title 5, United States Code, to any Federal Aviation Admin22 istration employee unless such employee actually performed 

23 work during the time corresponding to such premium pay. 

24 SEC. 116. None of the funds in this Act may be obli25 gated or expended for an employee of the Federal Aviation 
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1 Administration to purchase a store gift card or gift certifi2 cate through use of a Government-issued credit card. 

3 SEC. 117. The Secretary shall apportion to the sponsor 

4 of an airport that received scheduled or unscheduled air 

5 service from a large certified air carrier (as defined in part 

6 241 of title 14 Code of Federal Regulations, or such other 

7 regulations as may be issued by the Secretary under the 

8 authority of section 41709) an amount equal to the min9 imum apportionment specified in 49 U.S.C. 47114(c), if 

10 the Secretary determines that airport had more than 10,000 

11 passenger boardings in the preceding calendar year, based 

12 on data submitted to the Secretary under part 241 of title 

13 14, Code of Federal Regulations. 

14 SEC. 118. None of the funds in this Act may be obli15 gated or expended for retention bonuses for an employee of 

16 the Federal Aviation Administration without the prior 

17 written approval of the Deputy Assistant Secretary for Ad18 ministration of the Department of Transportation. 

19 SEC. 119. Subparagraph (D) of section 47124(b)(3) of 

20 title 49, United States Code, is amended by striking ‘‘ben21 efit.’’ and inserting ‘‘benefit, with the maximum allowable 

22 local cost share capped at 20 percent.’’. 

23 SEC. 119A. Notwithstanding any other provision of 

24 law, none of the funds made available under this Act or 

25 any prior Act may be used to implement or to continue 
219 

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1 to implement any limitation on the ability of any owner 

2 or operator of a private aircraft to obtain, upon a request 

3 to the Administrator of the Federal Aviation Administra4 tion, a blocking of that owner’s or operator’s aircraft reg5 istration number from any display of the Federal Aviation 

6 Administration’s Aircraft Situational Display to Industry 

7 data that is made available to the public, except data made 

8 available to a Government agency, for the noncommercial 

9 flights of that owner or operator. 

10 SEC. 119B. (a) COMPENSATION FOR FEDERAL EM11 PLOYEES.—Any Federal employees furloughed as a result 

12 of the lapse in expenditure authority from the Airport and 

13 Airway Trust Fund after 11:59 p.m. on July 22, 2011, 

14 through August 5, 2011, may be compensated for the period 

15 of that lapse at their standard rates of compensation, as 

16 determined under policies established by the Secretary of 

17 Transportation. 

18 (b) RATIFICATION OF ESSENTIAL ACTIONS.—All ac19 tions taken by Federal employees, contractors, and grantees 

20 for the purposes of maintaining the essential level of Gov21 ernment operations, services, and activities to protect life 

22 and property and to bring about orderly termination of 

23 Government functions during the lapse in expenditure au24 thority from the Airport and Airway Trust Fund after 

25 11:59 p.m. on July 22, 2011, through August 5, 2011, are 
220 

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1 hereby ratified and approved, if otherwise in accord with 

2 the provisions of the Airport and Airway Extension Act of 

3 2011, part IV (Public Law 112–27). 

4 (c) TRUST FUND CODE.—Paragraph (1) of section 

5 9502(d) of the Internal Revenue Code of 1986 (26 U.S.C. 

6 9502(d)(1)) is amended by inserting ‘‘or the Department 

7 of Transportation Appropriations Act, 2012’’ before the 

8 semicolon at the end of subparagraph (A). 

9 FEDERAL HIGHWAY ADMINISTRATION

10 FEDERAL-AID HIGHWAYS

11 LIMITATION ON ADMINISTRATIVE EXPENSES

12 (HIGHWAY TRUST FUND)

13 (INCLUDING TRANSFER OF FUNDS)

14 Not to exceed $415,533,000, together with advances 

15 and reimbursements received by the Federal Highway Ad16 ministration, shall be paid in accordance with law from 

17 appropriations made available by this Act to the Federal 

18 Highway Administration for necessary expenses for admin19 istration and operation. In addition, not to exceed 

20 $3,220,000 shall be paid from appropriations made avail21 able by this Act and transferred to the Appalachian Re22 gional Commission in accordance with section 104 of title 

23 23, United States Code. 
221 

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1 LIMITATION ON OBLIGATIONS

2 (HIGHWAY TRUST FUND)

3 None of the funds in this Act shall be available for 

4 the implementation or execution of programs, the obliga5 tions for which are in excess of $41,107,000,000 for Federal6 aid highways and highway safety construction programs for 

7 fiscal year 2012: Provided, That within the $41,107,000,000 

8 obligation limitation on Federal-aid highways and highway 

9 safety construction programs, not more than $429,800,000 

10 shall be available for the implementation or execution of 

11 programs for transportation research (chapter 5 of title 23, 

12 United States Code; sections 111, 5505, and 5506 of title 

13 49, United States Code; and title 5 of Public Law 109– 

14 59) for fiscal year 2012: Provided further, That this limita15 tion on transportation research programs shall not apply 

16 to any authority previously made available for obligation: 

17 Provided further, That the Secretary may, as authorized by 

18 section 605(b) of title 23, United States Code, collect and 

19 spend fees to cover the costs of services of expert firms, in20 cluding counsel, in the field of municipal and project fi21 nance to assist in the underwriting and servicing of Federal 

22 credit instruments and all or a portion of the costs to the 

23 Federal Government of servicing such credit instruments: 

24 Provided further, That such fees are available until ex25 pended to pay for such costs: Provided further, That such 
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1 amounts are in addition to administrative expenses that 

2 are also available for such purpose, and are not subject to 

3 any obligation limitation or the limitation on administra4 tive expenses under section 608 of title 23, United States 

5 Code. 

6 LIQUIDATION OF CONTRACT AUTHORIZATION

7 (HIGHWAY TRUST FUND)

8 For carrying out the provisions of title 23, United 

9 States Code, that are attributable to Federal-aid highways, 

10 not otherwise provided, including reimbursement for sums 

11 expended pursuant to the provisions of 23 U.S.C. 308, 

12 $41,846,000,000 or so much thereof as may be available in 

13 and derived from the Highway Trust Fund (other than the 

14 Mass Transit Account), to remain available until expended. 

15 EMERGENCY RELIEF

16 For an additional amount for the Emergency Relief 

17 Program as authorized under section 125 of title 23, United 

18 States Code, $1,900,000,000, to remain available until ex19 pended, for expenses resulting from a major disaster des20 ignated pursuant to the Robert T. Stafford Disaster Relief 

21 and Emergency Assistance Act (42 U.S.C. 5122(2)): Pro22 vided, That notwithstanding section 125(d)(1) of title 23, 

23 United States Code, for an event resulting from a disaster 

24 eligible under section 125 of title 23, United States Code, 

25 in a State occurring in fiscal years 2011 or 2012, the Sec-
223 

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1 retary of Transportation may obligate under the Emer2 gency Relief Program more than $100,000,000 for eligible 

3 expenses: Provided further, That notwithstanding section 

4 120 of title 23, United States Code, for expenses resulting 

5 from a disaster eligible under section 125 of title 23, United 

6 States Code, occurring in fiscal years 2011 or 2012, the Sec7 retary shall extend the time period in 120(e) in consider8 ation of any delay in the State’s ability to access damaged 

9 facilities to evaluate damage and estimate the cost of repair: 

10 Provided further, That notwithstanding sections 120(a) and 

11 120(b) of title 23, United States Code, the Federal share 

12 for permanent repairs resulting from a disaster eligible 

13 under section 125 of title 23, United States Code, occurring 

14 in fiscal years 2011 or 2012 may be up to 100 percent at 

15 the Secretary’s discretion if the eligible expenses incurred 

16 by a State due to such a disaster exceeds twice the State’s 

17 annual apportionment under the Federal-aid Highway pro18 gram for the year in which the disaster occurred: Provided 

19 further, That the amount provided under this heading is 

20 designated by Congress as being for disaster relief pursuant 

21 to section 251(b)(2)(D) of the Balanced Budget and Emer22 gency Deficit Control Act of 1985 (Public Law 99–177), 

23 as amended. 
224 

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1 RESCISSION

2 Of unobligated balances of funds made available for 

3 obligation from the general fund of the Treasury for pro4 grams administered by the Federal Highway Administra5 tion in Public Laws 91–605, 93–87, 93–643, 94–280, 96– 

6 131, 97–424, 98–8, 98–473, 99–190, 100–17, 100–202, 100– 

7 457, 101–164, 101–516, 102–143, 102–240, 103–122, 103– 

8 331, 106–346, 107–87, 108–7 and 108–199, excluding any 

9 unobligated balance of funds provided for the Appalachian 

10 Development Highway System, $73,000,000 are perma11 nently rescinded. 

12 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

13 ADMINISTRATION

14 SEC. 120. (a) For fiscal year 2012, the Secretary of 

15 Transportation shall— 

16 (1) not distribute from the obligation limitation 

17 for Federal-aid highways amounts authorized for ad18 ministrative expenses and programs by section 104(a) 

19 of title 23, United States Code; programs funded from 

20 the administrative takedown authorized by section 

21 104(a)(1) of title 23, United States Code (as in effect 

22 on the date before the date of enactment of the Safe, 

23 Accountable, Flexible, Efficient Transportation Eq24 uity Act: A Legacy for Users); the highway use tax 
225 

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1 evasion program; and the Bureau of Transportation 

2 Statistics; 

3 (2) not distribute an amount from the obligation 

4 limitation for Federal-aid highways that is equal to 

5 the unobligated balance of amounts made available 

6 from the Highway Trust Fund (other than the Mass 

7 Transit Account) for Federal-aid highways and high8 way safety programs for previous fiscal years the 

9 funds for which are allocated by the Secretary; 

10 (3) determine the ratio that— 

11 (A) the obligation limitation for Federal-aid 

12 highways, less the aggregate of amounts not dis13 tributed under paragraphs (1) and (2), bears to 

14 (B) the total of the sums authorized to be 

15 appropriated for Federal-aid highways and high16 way safety construction programs (other than 

17 sums authorized to be appropriated for provi18 sions of law described in paragraphs (1) through 

19 (9) of subsection (b) and sums authorized to be 

20 appropriated for section 105 of title 23, United 

21 States Code, equal to the amount referred to in 

22 subsection (b)(10) for such fiscal year), less the 

23 aggregate of the amounts not distributed under 

24 paragraphs (1) and (2) of this subsection; 
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1 (4)(A) distribute the obligation limitation for 

2 Federal-aid highways, less the aggregate amounts not 

3 distributed under paragraphs (1) and (2), for sections 

4 1301, 1302, and 1934 of the Safe, Accountable, Flexi5 ble, Efficient Transportation Equity Act: A Legacy 

6 for Users; sections 117 and section 144(g) of title 23, 

7 United States Code; and section 14501 of title 40, 

8 United States Code, so that the amount of obligation 

9 authority available for each of such sections is equal 

10 to the amount determined by multiplying the ratio 

11 determined under paragraph (3) by the sums author12 ized to be appropriated for that section for the fiscal 

13 year; and 

14 (B) distribute $2,000,000,000 for section 105 of 

15 title 23, United States Code; 

16 (5) distribute the obligation limitation provided 

17 for Federal-aid highways, less the aggregate amounts 

18 not distributed under paragraphs (1) and (2) and 

19 amounts distributed under paragraph (4), for each of 

20 the programs that are allocated by the Secretary 

21 under the Safe, Accountable, Flexible, Efficient Trans22 portation Equity Act: A Legacy for Users and title 

23 23, United States Code (other than to programs to 

24 which paragraphs (1) and (4) apply), by multiplying 

25 the ratio determined under paragraph (3) by the 
227 

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1 amounts authorized to be appropriated for each such 

2 program for such fiscal year; and 

3 (6) distribute the obligation limitation provided 

4 for Federal-aid highways, less the aggregate amounts 

5 not distributed under paragraphs (1) and (2) and 

6 amounts distributed under paragraphs (4) and (5), 

7 for Federal-aid highways and highway safety con8 struction programs (other than the amounts appor9 tioned for the equity bonus program, but only to the 

10 extent that the amounts apportioned for the equity 

11 bonus program for the fiscal year are greater than 

12 $2,639,000,000, and the Appalachian development 

13 highway system program) that are apportioned by the 

14 Secretary under the Safe, Accountable, Flexible, Effi15 cient Transportation Equity Act: A Legacy for Users 

16 and title 23, United States Code, in the ratio that— 

17 (A) amounts authorized to be appropriated 

18 for such programs that are apportioned to each 

19 State for such fiscal year, bear to 

20 (B) the total of the amounts authorized to 

21 be appropriated for such programs that are ap22 portioned to all States for such fiscal year. 

23 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

24 The obligation limitation for Federal-aid highways shall 

25 not apply to obligations: 
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1 (1) under section 125 of title 23, United States 

2 Code; 

3 (2) under section 147 of the Surface Transpor4 tation Assistance Act of 1978; 

5 (3) under section 9 of the Federal-Aid Highway 

6 Act of 1981; 

7 (4) under subsections (b) and (j) of section 131 

8 of the Surface Transportation Assistance Act of 1982; 

9 (5) under subsections (b) and (c) of section 149 

10 of the Surface Transportation and Uniform Reloca11 tion Assistance Act of 1987; 

12 (6) under sections 1103 through 1108 of the 

13 Intermodal Surface Transportation Efficiency Act of 

14 1991; 

15 (7) under section 157 of title 23, United States 

16 Code, as in effect on the day before the date of the en17 actment of the Transportation Equity Act for the 21st 

18 Century; 

19 (8) under section 105 of title 23, United States 

20 Code, as in effect for fiscal years 1998 through 2004, 

21 but only in an amount equal to $639,000,000 for each 

22 of those fiscal years; 

23 (9) for Federal-aid highway programs for which 

24 obligation authority was made available under the 

25 Transportation Equity Act for the 21st Century or 
229 

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1 subsequent public laws for multiple years or to re2 main available until used, but only to the extent that 

3 the obligation authority has not lapsed or been used; 

4 (10) under section 105 of title 23, United States 

5 Code, but only in an amount equal to $639,000,000 

6 for each of fiscal years 2005 through 2010; and 

7 (11) under section 1603 of the Safe, Accountable, 

8 Flexible, Efficient Transportation Equity Act: A Leg9 acy for Users, to the extent that funds obligated in ac10 cordance with that section were not subject to a limi11 tation on obligations at the time at which the funds 

12 were initially made available for obligation. 

13 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU14 THORITY.—Notwithstanding subsection (a), the Secretary 

15 shall, after August 1 of such fiscal year, revise a distribu16 tion of the obligation limitation made available under sub17 section (a) if the amount distributed cannot be obligated 

18 during that fiscal year, and redistribute sufficient amounts 

19 to those States able to obligate amounts in addition to those 

20 previously distributed during that fiscal year, giving pri21 ority to those States having large unobligated balances of 

22 funds apportioned under sections 104 and 144 of title 23, 

23 United States Code. 

24 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

25 TRANSPORTATION RESEARCH PROGRAMS.—The obligation 
230 

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1 limitation shall apply to transportation research programs 

2 carried out under chapter 5 of title 23, United States Code, 

3 and title V (research title) of the Safe, Accountable, Flexible, 

4 Efficient Transportation Equity Act: A Legacy for Users, 

5 except that obligation authority made available for such 

6 programs under such limitation shall remain available for 

7 a period of 3 fiscal years and shall be in addition to the 

8 amount of any limitation imposed on obligations for Fed9 eral-aid highway and highway safety construction pro10 grams for future fiscal years. 

11 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

12 FUNDS.— 

13 (1) IN GENERAL.—Not later than 30 days after 

14 the date of the distribution of obligation limitation 

15 under subsection (a), the Secretary shall distribute to 

16 the States any funds that— 

17 (A) are authorized to be appropriated for 

18 such fiscal year for Federal-aid highways pro19 grams; and 

20 (B) the Secretary determines will not be al21 located to the States, and will not be available 

22 for obligation, in such fiscal year due to the im23 position of any obligation limitation for such fis24 cal year. 
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1 (2) RATIO.—Funds shall be distributed under 

2 paragraph (1) in the same ratio as the distribution 

3 of obligation authority under subsection (a)(6). 

4 (3) AVAILABILITY.—Funds distributed under 

5 paragraph (1) shall be available for any purposes de6 scribed in section 133(b) of title 23, United States 

7 Code. 

8 (f) SPECIAL LIMITATION CHARACTERISTICS.—Obliga9 tion limitation distributed for a fiscal year under sub10 section (a)(4) for the provision specified in subsection (a)(4) 

11 shall— 

12 (1) remain available until used for obligation of 

13 funds for that provision; and 

14 (2) be in addition to the amount of any limita15 tion imposed on obligations for Federal-aid highway 

16 and highway safety construction programs for future 

17 fiscal years. 

18 (g) LIMITATION ON STATUTORY CONSTRUCTION.— 

19 Nothing in this section shall be construed to limit the dis20 tribution of obligation authority under subsection (a)(4)(A) 

21 for each of the individual projects numbered greater than 

22 3676 listed in the table contained in section 1702 of the 

23 Safe, Accountable, Flexible, Efficient Transportation Eq24 uity Act: A Legacy for Users. 
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1 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re2 ceived by the Bureau of Transportation Statistics from the 

3 sale of data products, for necessary expenses incurred pur4 suant to 49 U.S.C. 111 may be credited to the Federal-aid 

5 Highways account for the purpose of reimbursing the Bu6 reau for such expenses: Provided, That such funds shall be 

7 subject to the obligation limitation for Federal-aid High8 ways and highway safety construction programs. 

9 SEC. 122. Not less than 15 days prior to waiving, 

10 under his statutory authority, any Buy America require11 ment for Federal-aid highway projects, the Secretary of 

12 Transportation shall make an informal public notice and 

13 comment opportunity on the intent to issue such waiver and 

14 the reasons therefor: Provided, That the Secretary shall pro15 vide an annual report to the House and Senate Committees 

16 on Appropriations on any waivers granted under the Buy 

17 America requirements. 

18 SEC. 123. (a) IN GENERAL.—Except as provided in 

19 subsection (b), none of the funds made available, limited, 

20 or otherwise affected by this Act shall be used to approve 

21 or otherwise authorize the imposition of any toll on any 

22 segment of highway located on the Federal-aid system in 

23 the State of Texas that— 

24 (1) as of the date of enactment of this Act, is not 

25 tolled; 
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1 (2) is constructed with Federal assistance pro2 vided under title 23, United States Code; and 

3 (3) is in actual operation as of the date of enact4 ment of this Act. 

5 (b) EXCEPTIONS.— 

6 (1) NUMBER OF TOLL LANES.—Subsection (a) 

7 shall not apply to any segment of highway on the 

8 Federal-aid system described in that subsection that, 

9 as of the date on which a toll is imposed on the seg10 ment, will have the same number of nontoll lanes as 

11 were in existence prior to that date. 

12 (2) HIGH-OCCUPANCY VEHICLE LANES.—A high13 occupancy vehicle lane that is converted to a toll lane 

14 shall not be subject to this section, and shall not be 

15 considered to be a nontoll lane for purposes of deter16 mining whether a highway will have fewer nontoll 

17 lanes than prior to the date of imposition of the toll, 

18 if— 

19 (A) high-occupancy vehicles occupied by the 

20 number of passengers specified by the entity op21 erating the toll lane may use the toll lane with22 out paying a toll, unless otherwise specified by 

23 the appropriate county, town, municipal or 

24 other local government entity, or public toll road 

25 or transit authority; or 
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1 (B) each high-occupancy vehicle lane that 

2 was converted to a toll lane was constructed as 

3 a temporary lane to be replaced by a toll lane 

4 under a plan approved by the appropriate coun5 ty, town, municipal or other local government 

6 entity, or public toll road or transit authority. 

7 SEC. 124. Of the funds made available in fiscal year 

8 2012 for the Surface Transportation Research, Develop9 ment, and Deployment Program, the Secretary of Transpor10 tation shall transfer $5,000,000 to the Bureau of Transpor11 tation Statistics to carry out section 111 of title 49, United 

12 States Code: Provided, That an equivalent amount of fiscal 

13 year 2012 obligation limitation associated with the funds 

14 to be transferred shall also be transferred. 

15 SEC. 125. Section 127(a)(11) of title 23, United States 

16 Code, is amended to read as follows: 

17 ‘‘(11)(A) With respect to all portions of the 

18 Interstate Highway System in the State of Maine, 

19 laws (including regulations) of that State concerning 

20 vehicle weight limitations applicable to other State 

21 highways shall be applicable in lieu of the require22 ments under this subsection. 

23 ‘‘(B) With respect to all portions of the Interstate 

24 Highway System in the State of Vermont, laws (in25 cluding regulations) of that State concerning vehicle 
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1 weight limitations applicable to other State highways 

2 shall be applicable in lieu of the requirements under 

3 this subsection.’’. 

4 SEC. 126. Section 112 of the Surface and Air Trans5 portation Programs Extension Act of 2011 is amended by 

6 striking ‘‘$196,427,625’’ and inserting ‘‘an amount equal 

7 to one-half the sum authorized for such purpose for fiscal 

8 year 2011 by section 412(a)(2) of the Surface Transpor9 tation Extension Act of 2010’’. 

10 SEC. 127. Any road, highway, or bridge that is in op11 eration for less than 30 years or under construction, dam12 aged by an emergency declared by the Governor of the State 

13 and concurred in by the Secretary, or declared by the Presi14 dent pursuant to the Robert T. Stafford Disaster Relief and 

15 Emergency Assistance Act (42 U.S.C. 5121), may be recon16 structed in the same location with the same capacity, di17 mensions, and design as before the emergency and shall be 

18 exempt from any environmental reviews, approvals, licens19 ing, and permit requirements under— 

20 (1) the National Environmental Policy Act of 

21 1969 (42 U.S.C. 4321 et seq.); 

22 (2) sections 402 and 404 of the Federal Water 

23 Pollution Control Act (33 U.S.C. 1342, 1344); 

24 (3) the National Historic Preservation Act (16 

25 U.S.C. 470 et seq.); 
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1 (4) the Migratory Bird Treaty Act (16 U.S.C. 

2 703 et seq.); 

3 (5) the Wild and Scenic Rivers Act (16 U.S.C. 

4 1271 et seq.); 

5 (6) the Fish and Wildlife Coordination Act (16 

6 U.S.C. 661 et seq.); 

7 (7) the Endangered Species Act of 1973 (16 

8 U.S.C. 1531 et seq.), except when the reconstruction 

9 occurs in designated critical habitat for threatened 

10 and endangered species; 

11 (8) Executive Order 11990 (42 U.S.C. 4321 note; 

12 relating to the protection of wetlands); and 

13 (9) any Federal law (including regulations) re14 quiring no net loss of wetlands. 

15 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

16 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (LIMITATION ON OBLIGATIONS)

19 (HIGHWAY TRUST FUND)

20 For payment of obligations incurred in the implemen21 tation, execution and administration of motor carrier safe22 ty operations and programs pursuant to section 31104(i) 

23 of title 49, United States Code, and sections 4127 and 4134 

24 of Public Law 109–59, $250,023,000, to be derived from the 

25 Highway Trust Fund (other than the Mass Transit Ac-
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1 count), together with advances and reimbursements received 

2 by the Federal Motor Carrier Safety Administration, the 

3 sum of which shall remain available until expended: Pro4 vided, That none of the funds derived from the Highway 

5 Trust Fund in this Act shall be available for the implemen6 tation, execution or administration of programs, the obliga7 tions for which are in excess of $250,023,000, for ‘‘Motor 

8 Carrier Safety Operations and Programs’’ of which 

9 $8,543,000, to remain available for obligation until Sep10 tember 30, 2014, is for the research and technology program 

11 and $1,000,000 shall be available for commercial motor ve12 hicle operator’s grants to carry out section 4134 of Public 

13 Law 109–59: Provided further, That notwithstanding any 

14 other provision of law, none of the funds under this heading 

15 for outreach and education shall be available for transfer: 

16 Provided further, That the Federal Motor Carrier Safety 

17 Administration shall transmit to Congress a report on 

18 March 30, 2012, and September 30, 2012, on the agency’s 

19 ability to meet its requirement to conduct compliance re20 views on high-risk carriers. 
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1 MOTOR CARRIER SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 (INCLUDING RESCISSION)

6 For payment of obligations incurred in carrying out 

7 sections 31102, 31104(a), 31106, 31107, 31109, 31309, 

8 31313 of title 49, United States Code, and sections 4126 

9 and 4128 of Public Law 109–59, $307,000,000, to be de10 rived from the Highway Trust Fund (other than the Mass 

11 Transit Account) and to remain available until expended: 

12 Provided, That none of the funds in this Act shall be avail13 able for the implementation or execution of programs, the 

14 obligations for which are in excess of $307,000,000, for 

15 ‘‘Motor Carrier Safety Grants’’; of which $212,000,000 shall 

16 be available for the motor carrier safety assistance program 

17 to carry out sections 31102 and 31104(a) of title 49, United 

18 States Code; $30,000,000 shall be available for the commer19 cial driver’s license improvements program to carry out sec20 tion 31313 of title 49, United States Code; $32,000,000 shall 

21 be available for the border enforcement grants program to 

22 carry out section 31107 of title 49, United States Code; 

23 $5,000,000 shall be available for the performance and reg24 istration information system management program to 

25 carry out sections 31106(b) and 31109 of title 49, United 
239 

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1 States Code; $25,000,000 shall be available for the commer2 cial vehicle information systems and networks deployment 

3 program to carry out section 4126 of Public Law 109–59; 

4 and $3,000,000 shall be available for the safety data im5 provement program to carry out section 4128 of Public Law 

6 109–59: Provided further, That of the funds made available 

7 for the motor carrier safety assistance program, 

8 $32,000,000 shall be available for audits of new entrant 

9 motor carriers: Provided further, That of the prior year un10 obligated balances for the commercial vehicle information 

11 systems and networks deployment program, $1,000,000 is 

12 permanently rescinded. 

13 ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER

14 SAFETY ADMINISTRATION

15 SEC. 130. Funds appropriated or limited in this Act 

16 shall be subject to the terms and conditions stipulated in 

17 section 350 of Public Law 107–87 and section 6901 of Pub18 lic Law 110–28, including that the Secretary submit a re19 port to the House and Senate Appropriations Committees 

20 annually on the safety and security of transportation into 

21 the United States by Mexico-domiciled motor carriers. 

22 SEC. 131. Notwithstanding any other provision of law, 

23 States receiving funds for core or expanded deployment ac24 tivities under the Commercial Vehicle Information Systems 

25 and Networks program pursuant to sections 4101(c)(4) and 
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1 4126 of Public Law 109–59 that did not meet award eligi2 bility requirements set forth in section 4126; received grant 

3 amounts in excess of the maximum amounts specified in 

4 sections 4126(c)(2) or 4126(d)(3); or were awarded grants 

5 either prior to or after the expiration of the period of per6 formance specified in a grant agreement, shall not be re7 quired to repay grant amounts received in error under such 

8 sections and, in addition, shall be reimbursed for core or 

9 expanded deployment expenditures such States made before 

10 the date of the enactment of this Act in reliance on a grant 

11 awarded in error under such sections. 

12 SEC. 132. (a) No recipient of funds made available in 

13 this Act shall disseminate personal information (as defined 

14 in 18 U.S.C. 2725(3)) obtained by a State department of 

15 motor vehicles in connection with a motor vehicle record 

16 as defined in 18 U.S.C. 2725(1), except as provided in 18 

17 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. 

18 (b) Notwithstanding subsection (a), the Secretary shall 

19 not withhold funds provided in this Act for any grantee 

20 if a State is in noncompliance with this provision. 

21 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

22 OPERATIONS AND RESEARCH

23 For expenses necessary to discharge the functions of the 

24 Secretary, with respect to traffic and highway safety under 

25 subtitle C of title X of Public Law 109–59 and chapter 301 
241 

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1 and part C of subtitle VI of title 49, United States Code, 

2 $140,146,000, of which $20,000,000 shall remain available 

3 through September 30, 2013. 

4 OPERATIONS AND RESEARCH

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (LIMITATION ON OBLIGATIONS)

7 (HIGHWAY TRUST FUND)

8 For payment of obligations incurred in carrying out 

9 the provisions of 23 U.S.C. 403, and chapter 303 of title 

10 49, United States Code, $109,500,000, to be derived from 

11 the Highway Trust Fund (other than the Mass Transit Ac12 count) and to remain available until expended: Provided, 

13 That none of the funds in this Act shall be available for 

14 the planning or execution of programs the total obligations 

15 for which, in fiscal year 2012, are in excess of $109,500,000 

16 for programs authorized under 23 U.S.C. 403 and chapter 

17 303 of title 49, United States Code: Provided further, That 

18 within the $109,500,000 obligation limitation for oper19 ations and research, $20,000,000 shall remain available 

20 until September 30, 2013 and shall be in addition to the 

21 amount of any limitation imposed on obligations for future 

22 years. 
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1 HIGHWAY TRAFFIC SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

6 the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 

7 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 

8 Law 109–59, to remain available until expended, 

9 $550,328,000 to be derived from the Highway Trust Fund 

10 (other than the Mass Transit Account): Provided, That none 

11 of the funds in this Act shall be available for the planning 

12 or execution of programs the total obligations for which, in 

13 fiscal year 2012, are in excess of $550,328,000 for programs 

14 authorized under 23 U.S.C. 402, 405, 406, 408, and 410 

15 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 

16 Law 109–59, of which $235,000,000 shall be for ‘‘Highway 

17 Safety Programs’’ under 23 U.S.C. 402; $25,000,000 shall 

18 be for ‘‘Occupant Protection Incentive Grants’’ under 23 

19 U.S.C. 405; $48,500,000 shall be for ‘‘Safety Belt Perform20 ance Grants’’ under 23 U.S.C. 406, and such obligation 

21 limitation shall remain available until September 30, 2013 

22 in accordance with subsection (f) of such section 406 and 

23 shall be in addition to the amount of any limitation im24 posed on obligations for such grants for future fiscal years, 

25 of which up to $10,000,000 may be made available by the 
243 

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1 Secretary as grants to States that enact and enforce laws 

2 to prevent distracted driving; $34,500,000 shall be for 

3 ‘‘State Traffic Safety Information System Improvements’’ 

4 under 23 U.S.C. 408; $139,000,000 shall be for ‘‘Alcohol5 Impaired Driving Countermeasures Incentive Grant Pro6 gram’’ under 23 U.S.C. 410; $25,328,000 shall be for ‘‘Ad7 ministrative Expenses’’ under section 2001(a)(11) of Public 

8 Law 109–59; $29,000,000 shall be for ‘‘High Visibility En9 forcement Program’’ under section 2009 of Public Law 109– 

10 59; $7,000,000 shall be for ‘‘Motorcyclist Safety’’ under sec11 tion 2010 of Public Law 109–59; and $7,000,000 shall be 

12 for ‘‘Child Safety and Child Booster Seat Safety Incentive 

13 Grants’’ under section 2011 of Public Law 109–59: Pro14 vided further, That of the funds made available for grants 

15 to States that enact and enforce laws to prevent distracted 

16 driving, up to $5,000,000 may be available for the develop17 ment, production, and use of broadcast and print media 

18 advertising for distracted driving prevention: Provided fur19 ther, That none of these funds shall be used for construction, 

20 rehabilitation, or remodeling costs, or for office furnishings 

21 and fixtures for State, local or private buildings or struc22 tures: Provided further, That not to exceed $500,000 of the 

23 funds made available for section 410 ‘‘Alcohol-Impaired 

24 Driving Countermeasures Grants’’ shall be available for 

25 technical assistance to the States: Provided further, That 
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1 not to exceed $750,000 of the funds made available for the 

2 ‘‘High Visibility Enforcement Program’’ shall be available 

3 for the evaluation required under section 2009(f) of Public 

4 Law 109–59: Provided further, That of the amounts made 

5 available under this heading for ‘‘Safety Belt Performance 

6 Grants’’, $25,000,000 shall be available until expended for 

7 the modernization of the National Automotive Sampling 

8 System (NASS), and $5,000,000 shall be available for the 

9 development of the Driver Alcohol Detection System for 

10 Safety (DADSS), and $8,500,000 shall be available for 

11 ‘‘State Traffic Safety Information System Improvements’’ 

12 under 23 U.S.C. 408. 

13 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

14 TRAFFIC SAFETY ADMINISTRATION

15 SEC. 140. Notwithstanding any other provision of law 

16 or limitation on the use of funds made available under sec17 tion 403 of title 23, United States Code, an additional 

18 $130,000 shall be made available to the National Highway 

19 Traffic Safety Administration, out of the amount limited 

20 for section 402 of title 23, United States Code, to pay for 

21 travel and related expenses for State management reviews 

22 and to pay for core competency development training and 

23 related expenses for highway safety staff. 

24 SEC. 141. The limitations on obligations for the pro25 grams of the National Highway Traffic Safety Administra-
245 

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1 tion set in this Act shall not apply to obligations for which 

2 obligation authority was made available in previous public 

3 laws for multiple years but only to the extent that the obli4 gation authority has not lapsed or been used. 

5 SEC. 142. None of the funds in this Act shall be used 

6 to implement section 404 of title 23, United States Code. 

7 FEDERAL RAILROAD ADMINISTRATION

8 SAFETY AND OPERATIONS

9 For necessary expenses of the Federal Railroad Admin10 istration, not otherwise provided for, $176,596,000, of which 

11 $12,300,000 shall remain available until expended. 

12 RAILROAD RESEARCH AND DEVELOPMENT

13 For necessary expenses for railroad research and devel14 opment, $30,000,000, to remain available until expended. 

15 RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

16 PROGRAM

17 The Secretary of Transportation is authorized to issue 

18 to the Secretary of the Treasury notes or other obligations 

19 pursuant to section 512 of the Railroad Revitalization and 

20 Regulatory Reform Act of 1976 (Public Law 94–210), as 

21 amended, in such amounts and at such times as may be 

22 necessary to pay any amounts required pursuant to the 

23 guarantee of the principal amount of obligations under sec24 tions 511 through 513 of such Act, such authority to exist 

25 as long as any such guaranteed obligation is outstanding: 
246 

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1 Provided, That pursuant to section 502 of such Act, as 

2 amended, no new direct loans or loan guarantee commit3 ments shall be made using Federal funds for the credit risk 

4 premium during fiscal year 2012. 

5 OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD

6 PASSENGER CORPORATION

7 To enable the Secretary of Transportation to make 

8 quarterly grants to the National Railroad Passenger Cor9 poration for the operation of intercity passenger rail, as 

10 authorized by section 101 of the Passenger Rail Investment 

11 and Improvement Act of 2008 (division B of Public Law 

12 110–432), $544,000,000, to remain available until ex13 pended: Provided, That the amounts available under this 

14 paragraph shall be available for the Secretary to approve 

15 funding to cover operating losses for the Corporation only 

16 after receiving and reviewing a grant request for each spe17 cific train route: Provided further, That each such grant 

18 request shall be accompanied by a detailed financial anal19 ysis, revenue projection, and capital expenditure projection 

20 justifying the Federal support to the Secretary’s satisfac21 tion: Provided further, That not later than 60 days after 

22 enactment of this Act, the Corporation shall transmit, in 

23 electronic format, to the Secretary, the House and Senate 

24 Committees on Appropriations, the House Committee on 

25 Transportation and Infrastructure and the Senate Com-
247 

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1 mittee on Commerce, Science, and Transportation the an2 nual budget and business plan and the 5-Year Financial 

3 Plan for fiscal year 2012 required under section 204 of the 

4 Passenger Rail Investment and Improvement Act of 2008: 

5 Provided further, That the budget, business plan, and the 

6 5-Year Financial Plan shall also include a separate ac7 counting of ridership, revenues, and capital and operating 

8 expenses for the Northeast Corridor; commuter service; long9 distance Amtrak service; State-supported service; each 

10 intercity train route, including Autotrain; and commercial 

11 activities including contract operations: Provided further, 

12 That the budget, business plan and the 5-Year Financial 

13 Plan shall include a description of work to be funded, along 

14 with cost estimates and an estimated timetable for comple15 tion of the projects covered by these plans: Provided further, 

16 That the budget, business plan and the 5-Year Financial 

17 Plan shall include annual information on the maintenance, 

18 refurbishment, replacement, and expansion for all Amtrak 

19 rolling stock consistent with the comprehensive fleet plan: 

20 Provided further, That the Corporation shall provide semi21 annual reports in electronic format regarding the pending 

22 business plan, which shall describe the work completed to 

23 date, any changes to the business plan, and the reasons for 

24 such changes, and shall identify all sole-source contract 

25 awards which shall be accompanied by a justification as 
248 

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1 to why said contract was awarded on a sole-source basis: 

2 Provided further, That the Corporation’s budget, business 

3 plan, 5-Year Financial Plan, semiannual reports, and all 

4 subsequent supplemental plans shall be displayed on the 

5 Corporation’s Web site within a reasonable timeframe fol6 lowing their submission to the appropriate entities: Pro7 vided further, That none of the funds under this heading 

8 may be obligated or expended until the Corporation agrees 

9 to continue abiding by the provisions of paragraphs 1, 2, 

10 5, 9, and 11 of the summary of conditions for the direct 

11 loan agreement of June 28, 2002, in the same manner as 

12 in effect on the date of enactment of this Act: Provided fur13 ther, That the Corporation shall submit to the House and 

14 Senate Committees on Appropriations a budget request for 

15 fiscal year 2013 in similar format and substance to those 

16 submitted by executive agencies of the Federal Government. 

17 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

18 RAILROAD PASSENGER CORPORATION

19 To enable the Secretary of Transportation to make 

20 grants to the National Railroad Passenger Corporation for 

21 capital investments as authorized by section 101(c) and 

22 219(b) of the Passenger Rail Investment and Improvement 

23 Act of 2008 (division B of Public Law 110–432), 

24 $936,778,000, to remain available until expended, of which 

25 not to exceed $271,000,000 shall be for debt service obliga-
249 

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1 tions as authorized by section 102 of such Act: Provided, 

2 That after an initial distribution of up to $200,000,000, 

3 which shall be used by the Corporation as a working capital 

4 account, all remaining funds shall be provided to the Cor5 poration only on a reimbursable basis: Provided further, 

6 That the Secretary may retain up to one-fourth of 1 percent 

7 of the funds provided under this heading to fund the costs 

8 of project management oversight of capital projects funded 

9 by grants provided under this heading, as authorized by 

10 subsection 101(d) of division B of Public Law 110–432: 

11 Provided further, That the Secretary shall approve funding 

12 for capital expenditures, including advance purchase orders 

13 of materials, for the Corporation only after receiving and 

14 reviewing a grant request for each specific capital project 

15 justifying the Federal support to the Secretary’s satisfac16 tion: Provided further, That none of the funds under this 

17 heading may be used to subsidize operating losses of the 

18 Corporation: Provided further, That none of the funds 

19 under this heading may be used for capital projects not ap20 proved by the Secretary of Transportation or on the Cor21 poration’s fiscal year 2012 business plan. 

22 CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS

23 AND INTERCITY PASSENGER RAIL SERVICE

24 To enable the Secretary of Transportation to make 

25 grants for high-speed rail projects as authorized under sec-
250 

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1 tion 26106 of title 49, United States Code, capital invest2 ment grants to support intercity passenger rail service as 

3 authorized under section 24406 of title 49, United States 

4 Code, and congestion grants as authorized under section 

5 24105 of title 49, United States Code, and to enter into 

6 cooperative agreements for these purposes as authorized, 

7 $100,000,000, to remain available until expended: Pro8 vided, That the Administrator of the Federal Railroad Ad9 ministration may retain up to 2 percent of the funds pro10 vided under this heading to fund the award and oversight 

11 by the Administrator of grants and cooperative agreements 

12 for intercity and high-speed rail: Provided further, That 

13 funds provided under this paragraph are available to the 

14 Administrator for the purposes of conducting research and 

15 demonstrating technologies supporting the development of 

16 high-speed rail in the United States, including the dem17 onstration of next-generation rolling stock fleet technology 

18 and the implementation of the Rail Cooperative Research 

19 Program authorized by section 24910 of title 49, United 

20 States Code: Provided further, That funds provided under 

21 this paragraph may be used for planning activities that 

22 lead directly to the development of a passenger rail corridor 

23 investment plan consistent with the requirements estab24 lished by the Administrator or a State rail plan consistent 

25 with chapter 227 of title 49, United States Code: Provided 
251 

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1 further, That funds made available for planning activities 

2 under the previous proviso may be used to facilitate the 

3 preparation of a service development plan and related envi4 ronmental impact statement for high-speed corridors located 

5 in multiple States: Provided further, That the Federal share 

6 payable of the costs for which a grant or cooperative agree7 ments is made under this heading shall not exceed 80 per8 cent: Provided further, That in addition to the provisions 

9 of title 49, United States Code, that apply to each of the 

10 individual programs funded under this heading, subsections 

11 24402(a)(2), 24402(f), 24402(i), and 24403(a) and (c) of 

12 title 49, United States Code, shall also apply to the provi13 sion of funds provided under this heading: Provided further, 

14 That a project need not be in a State rail plan developed 

15 under chapter 227 of title 49, United States Code, to be 

16 eligible for assistance under this heading: Provided further, 

17 That recipients of grants under this paragraph shall con18 duct all procurement transactions using such grant funds 

19 in a manner that provides full and open competition, as 

20 determined by the Secretary, in compliance with existing 

21 labor agreements. 

22 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

23 ADMINISTRATION

24 SEC. 150. Hereafter, notwithstanding any other provi25 sion of law, funds provided in this Act for the National 
252 

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1 Railroad Passenger Corporation shall immediately cease to 

2 be available to said Corporation in the event that the Cor3 poration contracts to have services provided at or from any 

4 location outside the United States. For purposes of this sec5 tion, the word ‘‘services’’ shall mean any service that was, 

6 as of July 1, 2006, performed by a full-time or part-time 

7 Amtrak employee whose base of employment is located with8 in the United States. 

9 SEC. 151. The Secretary of Transportation may re10 ceive and expend cash, or receive and utilize spare parts 

11 and similar items, from non-United States Government 

12 sources to repair damages to or replace United States Gov13 ernment owned automated track inspection cars and equip14 ment as a result of third-party liability for such damages, 

15 and any amounts collected under this section shall be cred16 ited directly to the Railroad Safety and Operations account 

17 of the Federal Railroad Administration, and shall remain 

18 available until expended for the repair, operation and 

19 maintenance of automated track inspection cars and equip20 ment in connection with the automated track inspection 

21 program. 

22 SEC. 152. Notwithstanding any other provisions of 

23 law, rule or regulation, the Secretary of Transportation is 

24 authorized to allow the issuer of any preferred stock here25 tofore sold to the Department to redeem or repurchase such 
253 

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1 stock upon the payment to the Department of an amount 

2 determined by the Secretary. 

3 FEDERAL TRANSIT ADMINISTRATION

4 ADMINISTRATIVE EXPENSES

5 For necessary administrative expenses of the Federal 

6 Transit Administration’s programs authorized by chapter 

7 53 of title 49, United States Code, $98,713,000: Provided, 

8 That none of the funds provided or limited in this Act may 

9 be used to create a permanent office of transit security 

10 under this heading: Provided further, That upon submission 

11 to the Congress of the fiscal year 2013 President’s budget, 

12 the Secretary of Transportation shall transmit to Congress 

13 the annual report on New Starts, including proposed allo14 cations of funds for fiscal year 2013. 

15 FORMULA AND BUS GRANTS

16 (LIQUIDATION OF CONTRACT AUTHORITY)

17 (LIMITATION ON OBLIGATIONS)

18 (HIGHWAY TRUST FUND)

19 For payment of obligations incurred in carrying out 

20 the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 

21 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 

22 3038 of Public Law 105–178, as amended, $9,400,000,000 

23 to be derived from the Mass Transit Account of the High24 way Trust Fund and to remain available until expended: 

25 Provided, That funds available for the implementation or 
254 

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1 execution of programs authorized under 49 U.S.C. 5305, 

2 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 

3 5339, and 5340 and section 3038 of Public Law 105–178, 

4 as amended, shall not exceed total obligations of 

5 $8,360,565,000 in fiscal year 2012. 

6 RESEARCH AND UNIVERSITY RESEARCH CENTERS

7 For necessary expenses to carry out 49 U.S.C. 5306, 

8 5312–5315, 5322, and 5506, $40,000,000, to remain avail9 able until expended: Provided, That $9,000,000 is available 

10 to carry out the transit cooperative research program under 

11 section 5313 of title 49, United States Code, $4,100,000 is 

12 available for the National Transit Institute under section 

13 5315 of title 49, United States Code, and $6,500,000 is 

14 available for university transportation centers program 

15 under section 5506 of title 49, United States Code: Provided 

16 further, That $25,400,000 is available to carry out national 

17 research programs under sections 5312, 5313, 5314, and 

18 5322 of title 49, United States Code. 

19 CAPITAL INVESTMENT GRANTS

20 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

21 For necessary expenses to carry out section 5309 of 

22 title 49, United States Code, $1,955,000,000, to remain 

23 available until expended, of which $38,000,000 shall be 

24 available to carry out section 5309(e) of such title: Pro25 vided, That not less than $510,000,000 shall be available 
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1 for preliminary engineering, final design, and construction 

2 of projects expected to receive a Full Funding Grant Agree3 ments during calendar year 2012: Provided further, That 

4 the funds awarded for preliminary engineering and final 

5 design under such a grant shall be made available to cover 

6 those costs immediately upon grant award: Provided fur7 ther, That of the funds appropriated under this heading in 

8 Public Law 111–8, $27,000,000 are hereby rescinded. 

9 GRANTS FOR ENERGY EFFICIENCY AND GREENHOUSE GAS

10 REDUCTIONS

11 For grants to public transit agencies for capital invest12 ments that will reduce the energy consumption or green13 house gas emissions of their public transportation systems, 

14 $25,000,000, to remain available through September 30, 

15 2014: Provided, That priority shall be given to projects that 

16 use innovative and potentially replicable approaches to re17 ducing energy consumption or greenhouse gas emissions. 

18 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

19 For grants to the Washington Metropolitan Area Tran20 sit Authority as authorized under section 601 of division 

21 B of Public Law 110–432, $150,000,000, to remain avail22 able until expended: Provided, That the Secretary shall ap23 prove grants for capital and preventive maintenance ex24 penditures for the Washington Metropolitan Area Transit 

25 Authority only after receiving and reviewing a request for 
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1 each specific project: Provided further, That prior to ap2 proving such grants, the Secretary shall determine that the 

3 Washington Metropolitan Area Transit Authority has 

4 placed the highest priority on those investments that will 

5 improve the safety of the system. 

6 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

7 ADMINISTRATION

8 SEC. 160. The limitations on obligations for the pro9 grams of the Federal Transit Administration shall not 

10 apply to any authority under 49 U.S.C. 5338, previously 

11 made available for obligation, or to any other authority pre12 viously made available for obligation. 

13 SEC. 161. Notwithstanding any other provision of law, 

14 funds appropriated or limited by this Act under the Federal 

15 Transit Administration’s discretionary program appro16 priations headings for projects specified in this Act or iden17 tified in reports accompanying this Act not obligated by 

18 September 30, 2014, and other recoveries, shall be directed 

19 to projects eligible to use the funds for the purposes for 

20 which they were originally provided. 

21 SEC. 162. Notwithstanding any other provision of law, 

22 any funds appropriated before October 1, 2011, under any 

23 section of chapter 53 of title 49, United States Code, that 

24 remain available for expenditure, may be transferred to and 
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1 administered under the most recent appropriation heading 

2 for any such section. 

3 SEC. 163. Notwithstanding any other provision of law, 

4 unobligated funds made available for new fixed guideway 

5 system projects under the heading ‘‘Federal Transit Admin6 istration, Capital Investment Grants’’ in any appropria7 tions Act prior to this Act may be used during this fiscal 

8 year to satisfy expenses incurred for such projects. 

9 SEC. 164. In addition to the amounts made available 

10 under section 5327(c)(1) of title 49, United States Code, the 

11 Secretary may use, for program management activities de12 scribed in section 5327(c)(2), 1 percent of the amount made 

13 available to carry out section 5316 of title 49, United States 

14 Code: Provided, That funds made available for program 

15 management oversight shall be used to oversee the compli16 ance of a recipient or subrecipient of Federal transit assist17 ance consistent with activities identified under section 

18 5327(c)(2) and for purposes of enforcement. 

19 SEC. 165. (a) Notwithstanding any other provision of 

20 law, unobligated funds or recoveries under section 5309 of 

21 title 49, United States Code, that are available to the Sec22 retary of Transportation for reallocation shall be directed 

23 to projects eligible to use the funds for the purposes for 

24 which they were originally provided. 
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1 SEC. 166. Funds made available for Alaska or Hawaii 

2 ferry boats or ferry terminal facilities pursuant to 49 

3 U.S.C. 5309(m)(6)(B) may be used to construct new vessels 

4 and facilities, or to improve existing vessels and facilities, 

5 including both the passenger and vehicle-related elements of 

6 such vessels and facilities, and for repair facilities. 

7 SEC. 167. Hereafter, the Secretary may not enforce 

8 regulations related to charter bus service under part 604 

9 of title 49, Code of Federal Regulations, for any transit 

10 agency who during fiscal year 2008 was both initially 

11 granted a 60-day period to come into compliance with part 

12 604, and then was subsequently granted an exception from 

13 said part. 

14 SEC. 168. Hereafter, for purposes of applying the 

15 project justification and local financial commitment cri16 teria of 49 U.S.C. 5309(d) to a New Starts project, the Sec17 retary may consider the costs and ridership of any con18 nected project in an instance in which private parties are 

19 making significant financial contributions to the construc20 tion of the connected project; additionally, the Secretary 

21 may consider the significant financial contributions of pri22 vate parties to the connected project in calculating the non23 Federal share of net capital project costs for the New Starts 

24 project. 
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1 SEC. 169. Hereafter, all bus new fixed guideway cap2 ital projects recommended in the President’s fiscal year 

3 2012 budget request for funds appropriated under the Cap4 ital Investment Grants heading in this Act or any other 

5 Act shall be funded instead from amounts allocated under 

6 49 U.S.C. 5309(m)(2)(C): Provided, That all such projects 

7 shall remain subject to the appropriate requirements of 49 

8 U.S.C. 5309(d) and (e). 

9 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

10 The Saint Lawrence Seaway Development Corpora11 tion is hereby authorized to make such expenditures, within 

12 the limits of funds and borrowing authority available to 

13 the Corporation, and in accord with law, and to make such 

14 contracts and commitments without regard to fiscal year 

15 limitations as provided by section 104 of the Government 

16 Corporation Control Act, as amended, as may be necessary 

17 in carrying out the programs set forth in the Corporation’s 

18 budget for the current fiscal year. 

19 OPERATIONS AND MAINTENANCE

20 (HARBOR MAINTENANCE TRUST FUND)

21 For necessary expenses for operations, maintenance, 

22 and capital asset renewal of those portions of the St. Law23 rence Seaway owned, operated, and maintained by the 

24 Saint Lawrence Seaway Development Corporation, 
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1 $34,000,000, to be derived from the Harbor Maintenance 

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

3 MARITIME ADMINISTRATION

4 MARITIME SECURITY PROGRAM

5 For necessary expenses to maintain and preserve a 

6 U.S.-flag merchant fleet to serve the national security needs 

7 of the United States, $174,000,000, to remain available 

8 until expended. 

9 OPERATIONS AND TRAINING

10 (INCLUDING RESCISSION)

11 For necessary expenses of operations and training ac12 tivities authorized by law, $154,886,000, of which 

13 $11,100,000 shall remain available until expended for 

14 maintenance and repair of training ships at State Mari15 time Academies, and of which $2,400,000 shall remain 

16 available through September 30, 2013 for Student Incentive 

17 Program payments at State Maritime Academies, and of 

18 which $22,485,000 shall remain available until expended 

19 for facilities maintenance and repair, equipment, and cap20 ital improvements at the United State Merchant Marine 

21 Academy: Provided, That amounts apportioned for the 

22 United States Merchant Marine Academy shall be available 

23 only upon allotments made personally by the Secretary of 

24 Transportation or the Assistant Secretary for Budget and 

25 Programs: Provided further, That the Superintendent, Dep-
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1 uty Superintendent and the Director of the Office of Re2 source Management of the United State Merchant Marine 

3 Academy may not be allotment holders for the United States 

4 Merchant Marine Academy, and the Administrator of the 

5 Maritime Administration shall hold all allotments made by 

6 the Secretary of Transportation or the Assistant Secretary 

7 for Budget and Programs under the previous proviso: Pro8 vided further, That 50 percent of the funding made avail9 able for the United States Merchant Marine Academy under 

10 this heading shall be available only after the Secretary, in 

11 consultation with the Superintendent and the Maritime Ad12 ministrator, completes a plan detailing by program or ac13 tivity how such funding will be expended at the Academy, 

14 and this plan is submitted to the House and Senate Com15 mittees on Appropriations: Provided further, That of the 

16 prior year unobligated balances under this heading for in17 formation technology requirements of Public Law 111–207, 

18 $1,000,000 are permanently rescinded. 

19 SHIP DISPOSAL

20 For necessary expenses related to the disposal of obso21 lete vessels in the National Defense Reserve Fleet of the Mar22 itime Administration, $10,000,000, to remain available 

23 until expended. 
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1 ASSISTANCE TO SMALL SHIPYARDS

2 To make grants to qualified shipyards as authorized 

3 under section 3508 of Public Law 110–417 or section 54101 

4 of title 46, United States Code, $10,000,000, to remain 

5 available until expended: Provided, That to be considered 

6 for assistance, a qualified shipyard shall submit an appli7 cation for assistance no later than 60 days after enactment 

8 of this Act: Provided further, That from applications sub9 mitted under the previous proviso, the Secretary of Trans10 portation shall make grants no later than 120 days after 

11 enactment of this Act in such amounts as the Secretary de12 termines. 

13 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

14 ACCOUNT

15 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

16 For the necessary administrative expenses of the mari17 time guaranteed loan program, $4,000,000 shall be paid to 

18 the appropriation for ‘‘Operations and Training’’, Mari19 time Administration: Provided, That of the unobligated bal20 ance of funds made available for obligation under Public 

21 Law 110–329 and Public Law 111–118, $35,000,000 are 

22 permanently rescinded. 

23 ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

24 SEC. 170. Notwithstanding any other provision of this 

25 Act, the Maritime Administration is authorized to furnish 
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1 utilities and services and make necessary repairs in connec2 tion with any lease, contract, or occupancy involving Gov3 ernment property under control of the Maritime Adminis4 tration, and payments received therefor shall be credited to 

5 the appropriation charged with the cost thereof: Provided, 

6 That rental payments under any such lease, contract, or 

7 occupancy for items other than such utilities, services, or 

8 repairs shall be covered into the Treasury as miscellaneous 

9 receipts. 

10 SEC. 171. Notwithstanding any other provision of law, 

11 none of the funds provided in this or any other Act shall 

12 hereafter be used to make a determination of the nonavail13 ability of qualified United States flag capacity for purposes 

14 of 46 U.S.C. 501(b) for the transportation of crude oil dis15 tributed from the Strategic Petroleum Reserve unless as 

16 part of that determination the Secretary of Transportation, 

17 after consultation with representatives from the United 

18 States flag maritime industry, provides to the Secretary of 

19 Homeland Security a list of United States flag vessels with 

20 single or collective capacity that may be capable of pro21 viding the requested transportation services and a written 

22 justification for not using such United States flag vessels. 
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1 PIPELINE AND HAZARDOUS MATERIALS SAFETY

2 ADMINISTRATION

3 OPERATIONAL EXPENSES

4 (PIPELINE SAFETY FUND)

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary operational expenses of the Pipeline and 

7 Hazardous Materials Safety Administration, $22,158,000, 

8 of which $639,000 shall be derived from the Pipeline Safety 

9 Fund: Provided, That $1,000,000 shall be transferred to 

10 ‘‘Pipeline Safety’’ in order to fund ‘‘Pipeline Safety Infor11 mation Grants to Communities’’ as authorized under sec12 tion 60130 of title 49, United States Code. 

13 HAZARDOUS MATERIALS SAFETY

14 For expenses necessary to discharge the hazardous ma15 terials safety functions of the Pipeline and Hazardous Ma16 terials Safety Administration, $39,020,000, of which 

17 $1,716,000 shall remain available until September 30, 

18 2014: Provided, That up to $800,000 in fees collected under 

19 49 U.S.C. 5108(g) shall be deposited in the general fund 

20 of the Treasury as offsetting receipts: Provided further, That 

21 there may be credited to this appropriation, to be available 

22 until expended, funds received from States, counties, mu23 nicipalities, other public authorities, and private sources 

24 for expenses incurred for training, for reports publication 
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1 and dissemination, and for travel incurred in performance 

2 of hazardous materials exemptions and approvals functions. 

3 PIPELINE SAFETY

4 (PIPELINE SAFETY FUND)

5 (OIL SPILL LIABILITY TRUST FUND)

6 For expenses necessary to conduct the functions of the 

7 pipeline safety program, for grants-in-aid to carry out a 

8 pipeline safety program, as authorized by 49 U.S.C. 60107, 

9 and to discharge the pipeline program responsibilities of 

10 the Oil Pollution Act of 1990, $118,364,000, of which 

11 $21,510,000 shall be derived from the Oil Spill Liability 

12 Trust Fund and shall remain available until September 30, 

13 2014; of which $93,854,000 shall be derived from the Pipe14 line Safety Fund, of which $54,265,000 shall remain avail15 able until September 30, 2014; of which $3,000,000, to re16 main available until expended, shall be derived from the 

17 Pipeline Safety Design Review Fund, as established by this 

18 Act. 

19 EMERGENCY PREPAREDNESS GRANTS

20 (EMERGENCY PREPAREDNESS FUND)

21 For necessary expenses to carry out 49 U.S.C. 5128(b), 

22 $188,000, to be derived from the Emergency Preparedness 

23 Fund, to remain available until September 30, 2013: Pro24 vided, That not more than $28,318,000 shall be made avail25 able for obligation in fiscal year 2012 from amounts made 
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1 available by 49 U.S.C. 5116(i) and 5128(b)–(c): Provided 

2 further, That none of the funds made available by 49 U.S.C. 

3 5116(i), 5128(b), or 5128(c) shall be made available for ob4 ligation by individuals other than the Secretary of Trans5 portation, or his designee: Provided further, That unobli6 gated balances of funds provided under this paragraph not 

7 needed for fiscal year 2012 from the sum made available 

8 herein shall remain available until expended to invest in 

9 the data management and information technology mod10 ernization efforts, including related equipment and non11 payroll administrative expenses associated solely with this 

12 information technology and telecommunications infrastruc13 ture. 

14 ADMINISTRATIVE PROVISION—PIPELINE AND HAZARDOUS

15 MATERIALS SAFETY ADMINISTRATION

16 COST RECOVERY FOR DESIGN REVIEWS

17 SEC. 180. Section 60117(n) of title 49, United States 

18 Code, is amended to read as follows: 

19 ‘‘(n) COST RECOVERY FOR DESIGN REVIEWS.— 

20 ‘‘(1) IN GENERAL.—If the Secretary conducts fa21 cility design safety reviews in connection with a pro22 posal to construct, expand, or operate a gas or haz23 ardous liquid pipeline or liquefied natural gas pipe24 line facility, including construction inspections and 

25 oversight, the Secretary may require the person or en-
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1 tity proposing the project to pay the costs incurred by 

2 the Secretary relating to such reviews. If the Sec3 retary exercises the cost recovery authority described 

4 in this section, the Secretary shall prescribe a fee 

5 structure and assessment methodology that is based on 

6 the costs of providing these reviews and shall prescribe 

7 procedures to collect fees under this section. This au8 thority is in addition to the authority provided in 

9 section 60301 of this title. 

10 ‘‘(2) NOTIFICATION.—For any new pipeline con11 struction project in which the Secretary will conduct 

12 design reviews, the person or entity proposing the 

13 project shall notify the Secretary and provide design 

14 specifications, construction plans and procedures, and 

15 related materials at least 120 days prior to the com16 mencement of construction. 

17 ‘‘(3) DEPOSIT AND USE.—The Secretary shall de18 posit funds paid under this subsection into the Pipe19 line Safety Design Review Fund. Funds deposited 

20 under this section are authorized to be appropriated 

21 for the purposes set forth in this chapter. Fees author22 ized under this section shall be collected and available 

23 for obligation only to the extent and in the amount 

24 provided in advance in appropriations acts.’’. 
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1 RESEARCH AND INNOVATIVE TECHNOLOGY

2 ADMINISTRATION

3 RESEARCH AND DEVELOPMENT

4 For necessary expenses of the Research and Innovative 

5 Technology Administration, $15,981,000, of which 

6 $9,007,000 shall remain available until September 30, 

7 2014: Provided, That there may be credited to this appro8 priation, to be available until expended, funds received from 

9 States, counties, municipalities, other public authorities, 

10 and private sources for expenses incurred for training. 

11 OFFICE OF INSPECTOR GENERAL

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of Inspector Gen14 eral to carry out the provisions of the Inspector General 

15 Act of 1978, as amended, $82,409,000: Provided, That the 

16 Inspector General shall have all necessary authority, in car17 rying out the duties specified in the Inspector General Act, 

18 as amended (5 U.S.C. App. 3), to investigate allegations 

19 of fraud, including false statements to the government (18 

20 U.S.C. 1001), by any person or entity that is subject to 

21 regulation by the Department: Provided further, That the 

22 funds made available under this heading may be used to 

23 investigate, pursuant to section 41712 of title 49, United 

24 States Code: 
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1 (1) unfair or deceptive practices and unfair 

2 methods of competition by domestic and foreign air 

3 carriers and ticket agents; and 

4 (2) the compliance of domestic and foreign air 

5 carriers with respect to item (1) of this proviso. 

6 SURFACE TRANSPORTATION BOARD

7 SALARIES AND EXPENSES

8 For necessary expenses of the Surface Transportation 

9 Board, including services authorized by 5 U.S.C. 3109, 

10 $29,310,000: Provided, That notwithstanding any other 

11 provision of law, not to exceed $1,250,000 from fees estab12 lished by the Chairman of the Surface Transportation 

13 Board shall be credited to this appropriation as offsetting 

14 collections and used for necessary and authorized expenses 

15 under this heading: Provided further, That the sum herein 

16 appropriated from the general fund shall be reduced on a 

17 dollar-for-dollar basis as such offsetting collections are re18 ceived during fiscal year 2012, to result in a final appro19 priation from the general fund estimated at no more than 

20 $28,060,000. 

21 GENERAL PROVISIONS—DEPARTMENT OF

22 TRANSPORTATION

23 SEC. 190. During the current fiscal year, applicable 

24 appropriations to the Department of Transportation shall 

25 be available for maintenance and operation of aircraft; hire 
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1 of passenger motor vehicles and aircraft; purchase of liabil2 ity insurance for motor vehicles operating in foreign coun3 tries on official department business; and uniforms or al4 lowances therefor, as authorized by law (5 U.S.C. 5901– 

5 5902). 

6 SEC. 191. Appropriations contained in this Act for the 

7 Department of Transportation shall be available for services 

8 as authorized by 5 U.S.C. 3109, but at rates for individuals 

9 not to exceed the per diem rate equivalent to the rate for 

10 an Executive Level IV. 

11 SEC. 192. None of the funds in this Act shall be avail12 able for salaries and expenses of more than 110 political 

13 and Presidential appointees in the Department of Trans14 portation: Provided, That none of the personnel covered by 

15 this provision may be assigned on temporary detail outside 

16 the Department of Transportation. 

17 SEC. 193. Funds received by the Federal Highway Ad18 ministration, Federal Transit Administration, and Federal 

19 Railroad Administration from States, counties, municipali20 ties, other public authorities, and private sources for ex21 penses incurred for training may be credited respectively 

22 to the Federal Highway Administration’s ‘‘Federal-Aid 

23 Highways’’ account, the Federal Transit Administration’s 

24 ‘‘Research and University Research Centers’’ account, and 

25 to the Federal Railroad Administration’s ‘‘Safety and Op-
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1 erations’’ account, except for State rail safety inspectors 

2 participating in training pursuant to 49 U.S.C. 20105. 

3 SEC. 194. None of the funds in this Act to the Depart4 ment of Transportation may be used to make a grant unless 

5 the Secretary of Transportation notifies the House and Sen6 ate Committees on Appropriations not less than 3 full busi7 ness days before any project competitively selected to receive 

8 a discretionary grant award, any discretionary grant 

9 award, letter of intent, or full funding grant agreement to10 taling $1,000,000 or more is announced by the department 

11 or its modal administrations from: 

12 (1) any discretionary grant program of the Fed13 eral Highway Administration including the emer14 gency relief program; 

15 (2) the airport improvement program of the Fed16 eral Aviation Administration; 

17 (3) any program of the Federal Railroad Admin18 istration; 

19 (4) any program of the Federal Transit Admin20 istration other than the formula grants and fixed 

21 guideway modernization programs; or 

22 (5) any funding provided under the headings 

23 ‘‘National Infrastructure Investments’’ and ‘‘Assist24 ance to Small Shipyards’’ in this Act: Provided, That 

25 the Secretary gives concurrent notification to the 
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1 House and Senate Committees on Appropriations for 

2 any ‘‘quick release’’ of funds from the emergency relief 

3 program: Provided further, That no notification shall 

4 involve funds that are not available for obligation. 

5 SEC. 195. Rebates, refunds, incentive payments, minor 

6 fees and other funds received by the Department of Trans7 portation from travel management centers, charge card pro8 grams, the subleasing of building space, and miscellaneous 

9 sources are to be credited to appropriations of the Depart10 ment of Transportation and allocated to elements of the De11 partment of Transportation using fair and equitable cri12 teria and such funds shall be available until expended. 

13 SEC. 196. Amounts made available in this or any other 

14 Act that the Secretary determines represent improper pay15 ments by the Department of Transportation to a third16 party contractor under a financial assistance award, which 

17 are recovered pursuant to law, shall be available— 

18 (1) to reimburse the actual expenses incurred by 

19 the Department of Transportation in recovering im20 proper payments; and 

21 (2) to pay contractors for services provided in re22 covering improper payments or contractor support in 

23 the implementation of the Improper Payments Infor24 mation Act of 2002: Provided, That amounts in excess 

25 of that required for paragraphs (1) and (2)— 
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1 (A) shall be credited to and merged with the 

2 appropriation from which the improper pay3 ments were made, and shall be available for the 

4 purposes and period for which such appropria5 tions are available; or 

6 (B) if no such appropriation remains avail7 able, shall be deposited in the Treasury as mis8 cellaneous receipts: Provided further, That prior 

9 to the transfer of any such recovery to an appro10 priations account, the Secretary shall notify to 

11 the House and Senate Committees on Appropria12 tions of the amount and reasons for such trans13 fer: Provided further, That for purposes of this 

14 section, the term ‘‘improper payments’’, has the 

15 same meaning as that provided in section 

16 2(d)(2) of Public Law 107–300. 

17 SEC. 197. Notwithstanding any other provision of law, 

18 if any funds provided in or limited by this Act are subject 

19 to a reprogramming action that requires notice to be pro20 vided to the House and Senate Committees on Appropria21 tions, said reprogramming action shall be approved or de22 nied solely by the Committees on Appropriations: Provided, 

23 That the Secretary may provide notice to other congres24 sional committees of the action of the Committees on Appro25 priations on such reprogramming but not sooner than 30 
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1 days following the date on which the reprogramming action 

2 has been approved or denied by the House and Senate Com3 mittees on Appropriations. 

4 SEC. 198. None of the funds appropriated or otherwise 

5 made available under this Act may be used by the Surface 

6 Transportation Board of the Department of Transportation 

7 to charge or collect any filing fee for rate or practice com8 plaints filed with the Board in an amount in excess of the 

9 amount authorized for district court civil suit filing fees 

10 under section 1914 of title 28, United States Code. 

11 This title may be cited as the Department of Transpor12 tation Appropriations Act, 2012. 

13 TITLE II 

14 DEPARTMENT OF HOUSING AND URBAN 

15 DEVELOPMENT 

16 MANAGEMENT AND ADMINISTRATION

17 ADMINISTRATION, OPERATIONS, AND MANAGEMENT

18 For necessary salaries and expenses for administra19 tion, management and operations of the Department of 

20 Housing and Urban Development, $549,499,000, of which 

21 not to exceed $4,610,000 shall be available for the imme22 diate Office of the Secretary and Deputy Secretary; not to 

23 exceed $1,700,000 shall be available for the Office of Hear24 ings and Appeals; not to exceed $741,000 shall be available 

25 for the Office of Small and Disadvantaged Business Utiliza-
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1 tion; not to exceed $47,984,000 shall be available for the 

2 Office of the Chief Financial Officer; not to exceed 

3 $94,380,000 shall be available for the Office of the General 

4 Counsel; not to exceed $2,695,000 shall be available to the 

5 Office of Congressional and Intergovernmental Relations; 

6 not to exceed $3,988,000 shall be available for the Office 

7 of Public Affairs; not to exceed $546,000 shall be available 

8 to the Office of the Chief Operating Officer, not to exceed 

9 $256,744,000 shall be available for the Office of the Chief 

10 Human Capital Officer; not to exceed $10,476,000 shall be 

11 available for the Office of Departmental Operations and Co12 ordination; not to exceed $47,543,000 shall be available for 

13 the Office of Field Policy and Management; not to exceed 

14 $14,654,000 shall be available for the Office of the Chief 

15 Procurement Officer; not to exceed $3,708,000 shall be 

16 available for the Office of Departmental Equal Employment 

17 Opportunity; not to exceed $1,448,000 shall be available for 

18 the Center for Faith-Based and Community Initiatives; not 

19 to exceed $2,627,000 shall be available for the Office of Sus20 tainable Housing and Communities; not to exceed 

21 $5,605,000 shall be available for the Office of Strategic 

22 Planning and Management; not to exceed $7,415,000 shall 

23 be available for the Office of the Chief Disaster and Emer24 gency Management Officer; and not to exceed $42,635,000 

25 shall be available for the Office of the Chief Information 
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1 Officer: Provided further, That the Secretary shall provide 

2 the Committees on Appropriations quarterly written notifi3 cation regarding the status of pending congressional re4 ports: Provided further, That the Secretary shall provide 

5 all signed reports required by Congress electronically: Pro6 vided further, That not to exceed $25,000 of the amount 

7 made available under this paragraph for the immediate Of8 fice of the Secretary shall be available for official reception 

9 and representation expenses as the Secretary may deter10 mine. 

11 PROGRAM OFFICE SALARIES AND EXPENSES

12 PUBLIC AND INDIAN HOUSING

13 For necessary salaries and expenses of the Office of 

14 Public and Indian Housing, $201,233,000. 

15 COMMUNITY PLANNING AND DEVELOPMENT

16 For necessary salaries and expenses of the Office of 

17 Community Planning and Development mission area, 

18 $101,076,000. 

19 HOUSING

20 For necessary salaries and expenses of the Office of 

21 Housing, $392,796,000, of which $8,200,000 shall be for the 

22 Office of Risk and Regulatory Affairs. 

23 POLICY DEVELOPMENT AND RESEARCH

24 For necessary salaries and expenses of the Office of 

25 Policy Development and Research, $23,016,000. 
277 

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1 FAIR HOUSING AND EQUAL OPPORTUNITY

2 For necessary salaries and expenses of the Office of 

3 Fair Housing and Equal Opportunity, $74,766,000. 

4 OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

5 For necessary salaries and expenses of the Office of 

6 Healthy Homes and Lead Hazard Control, $7,502,000. 

7 RENTAL ASSISTANCE DEMONSTRATION

8 To conduct a demonstration designed to preserve and 

9 improve public housing through the voluntary conversion 

10 of properties with assistance under section 9 of the U.S. 

11 Housing Act of 1937, (hereinafter, ‘‘the Act’’), to properties 

12 with assistance under a project-based subsidy contract 

13 under section 8 of the Act, which shall be eligible for renewal 

14 under section 524 of the Multifamily Assisted Housing Re15 form and Affordability Act of 1997, or assistance under sec16 tion 8(o)(13) of the Act, the Secretary may transfer 

17 amounts provided under the headings ‘‘Public Housing 

18 Capital Fund’’ and ‘‘Public Housing Operating Fund’’ to 

19 the headings ‘‘Tenant-Based Rental Assistance’’ or ‘‘Project20 Based Rental Assistance’’: Provided, That project applica21 tions may be received under this demonstration until Sep22 tember 30, 2015: Provided further, That any increase in 

23 cost for ‘‘Tenant-Based Rental Assistance’’ or ‘‘Project24 Based Rental Assistance’’ associated with such conversion 

25 shall be equal to amounts transferred from ‘‘Public Housing 
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1 Capital Fund’’ and ‘‘Public Housing Operating Fund’’: 

2 Provided further, That not more than 60,000 units shall 

3 be converted under the authority provided under this head4 ing: Provided further, That tenants of such converted prop5 erties shall, at a minimum, maintain the same rights under 

6 such conversion as those provided under section 9 of the Act: 

7 Provided further, That the Secretary shall select properties 

8 from applications for conversion as part of this demonstra9 tion through a competitive process: Provided further, That 

10 in establishing criteria for such competition, the Secretary 

11 shall seek to demonstrate the feasibility of this conversion 

12 model to recapitalize and operate public housing properties 

13 (1) in different markets and geographic areas, (2) within 

14 portfolios managed by public housing agencies of varying 

15 sizes, and (3) by leveraging other sources of funding to re16 capitalize properties: Provided further, That the Secretary 

17 shall provide an opportunity for public comment on draft 

18 eligibility and selection criteria and procedures that will 

19 apply to the selection of properties that will participate in 

20 the demonstration: Provided further, That the Secretary 

21 shall provide an opportunity for comment from residents 

22 of properties to be proposed for participation in the dem23 onstration to the owners or public housing agencies respon24 sible for such properties: Provided further, That the Sec25 retary may waive or specify alternative requirements for 
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1 (except for requirements related to fair housing, non2 discrimination, labor standards, and the environment) any 

3 provision of section 8(o)(13) or any provision that governs 

4 the use of assistance from which a property is converted 

5 under the demonstration or funds made available under the 

6 headings of ‘‘Public Housing Capital Fund’’, ‘‘Public Hous7 ing Operating Fund’’, and ‘‘Project-Based Rental Assist8 ance’’, under this Act or any prior Act or any Act enacted 

9 during the period of conversion of assistance under the dem10 onstration for properties with assistance converted under 

11 the demonstration, upon a finding by the Secretary that 

12 any such waivers or alternative requirements are necessary 

13 for the effective conversion of assistance under the dem14 onstration: Provided further, That the Secretary shall pub15 lish by notice in the Federal Register any waivers or alter16 native requirements pursuant to the previous proviso no 

17 later than 10 days before the effective date of such notice: 

18 Provided further, That the demonstration may proceed after 

19 the Secretary publishes notice of its terms in the Federal 

20 Register: Provided further, That notwithstanding sections 

21 3 and 16 of the Act, the conversion of assistance under the 

22 demonstration shall not be the basis for re-screening or ter23 mination of assistance or eviction of any tenant family in 

24 a property participating in the demonstration, and such 

25 a family shall not be considered a new admission for any 
280 

† HR 2112 EAS 

1 purpose, including compliance with income targeting re2 quirements: Provided further, That in the case of a property 

3 with assistance converted under the demonstration from as4 sistance under section 9 of the Act, section 18 of the Act 

5 shall not apply to a property converting assistance under 

6 the demonstration for all or substantially all of its units, 

7 the Secretary shall require ownership or control of assisted 

8 units by a public or nonprofit entity except as determined 

9 by the Secretary to be necessary pursuant to foreclosure, 

10 bankruptcy, or termination and transfer of assistance for 

11 material violations or substantial default, shall require 

12 long-term renewable use and affordability restrictions for 

13 assisted units, and may allow ownership to be transferred 

14 to a for-profit entity to facilitate the use of tax credits only 

15 if the public housing agency preserves its interest in the 

16 property in a manner approved by the Secretary: Provided 

17 further, That the Secretary may permit transfer of assist18 ance at or after conversion under the demonstration to re19 placement units subject to the requirements in the previous 

20 proviso: Provided further, That the Secretary may establish 

21 the requirements for converted assistance under the dem22 onstration through contracts, use agreements, regulations, 

23 or other means: Provided further, That the Secretary shall 

24 assess and publish findings regarding the impact of the con25 version of assistance under the demonstration on the preser-
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1 vation and improvement of public housing, the amount of 

2 private sector leveraging as a result of such conversion, and 

3 the effect of such conversion on tenants. 

4 PUBLIC AND INDIAN HOUSING

5 TENANT-BASED RENTAL ASSISTANCE

6 (INCLUDING TRANSFER OF FUNDS)

7 For activities and assistance for the provision of ten8 ant-based rental assistance authorized under the United 

9 States Housing Act of 1937, as amended (42 U.S.C. 1437 

10 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

11 $14,872,357,000, to remain available until expended, shall 

12 be available on October 1, 2011 (in addition to the 

13 $4,000,000,000 previously appropriated under this heading 

14 that will become available on October 1, 2011), and 

15 $4,000,000,000, to remain available until expended, shall 

16 be available on October 1, 2012: Provided, That of the 

17 amounts made available under this heading are provided 

18 as follows: 

19 (1) Not less than $17,143,905,000 shall be avail20 able for renewals of expiring section 8 tenant-based 

21 annual contributions contracts (including renewals of 

22 enhanced vouchers under any provision of law au23 thorizing such assistance under section 8(t) of the 

24 Act) and including renewal of other special purpose 

25 incremental vouchers: Provided, That notwithstanding 
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1 any other provision of law, from amounts provided 

2 under this paragraph and any carryover, the Sec3 retary for the calendar year 2012 funding cycle shall 

4 provide renewal funding for each public housing 

5 agency based on validated voucher management sys6 tem (VMS) leasing and cost data for the prior cal7 endar year and by applying an inflation factor as es8 tablished by the Secretary, by notice published in the 

9 Federal Register, and by making any necessary ad10 justments for the costs associated with the first-time 

11 renewal of vouchers under this paragraph including 

12 tenant protection and HOPE VI vouchers: Provided 

13 further, That none of the funds provided under this 

14 paragraph may be used to fund a total number of 

15 unit months under lease which exceeds a public hous16 ing agency’s authorized level of units under contract, 

17 except for public housing agencies participating in 

18 the Moving to Work (MTW) demonstration, which are 

19 instead governed by the terms and conditions of their 

20 MTW agreements: Provided further, That the Sec21 retary shall, to the extent necessary to stay within the 

22 amount specified under this paragraph (except as oth23 erwise modified under this Act), pro rate each public 

24 housing agency’s allocation otherwise established pur25 suant to this paragraph: Provided further, That ex-
283 

† HR 2112 EAS 

1 cept as provided in the following provisos, the entire 

2 amount specified under this paragraph (except as oth3 erwise modified under this Act) shall be obligated to 

4 the public housing agencies based on the allocation 

5 and pro rata method described above, and the Sec6 retary shall notify public housing agencies of their 

7 annual budget not later than 60 days after enactment 

8 of this Act: Provided further, That the Secretary may 

9 extend the 60-day notification period with the prior 

10 written approval of the House and Senate Committees 

11 on Appropriations: Provided further, That public 

12 housing agencies participating in the Moving to Work 

13 demonstration shall be funded pursuant to their Mov14 ing to Work agreements and shall be subject to the 

15 same pro rata adjustments under the previous pro16 visos: Provided further, That up to $103,000,000 shall 

17 be available only: (1) to adjust the allocations for 

18 public housing agencies, after application for an ad19 justment by a public housing agency that experienced 

20 a significant increase, as determined by the Sec21 retary, in renewal costs of tenant-based rental assist22 ance resulting from unforeseen circumstances or from 

23 portability under section 8(r) of the Act; (2) for 

24 vouchers that were not in use during the 12-month 

25 period in order to be available to meet a commitment 
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1 pursuant to section 8(o)(13) of the Act; (3) for adjust2 ments for costs associated with HUD-Veterans Affairs 

3 Supportive Housing (HUD–VASH) vouchers; and (4) 

4 for incremental tenant-based assistance for eligible 

5 families currently assisted under the Disaster Voucher 

6 Program as authorized by Public Law 109–148 under 

7 this heading and the Disaster Housing Assistance 

8 Program for Hurricanes Ike and Gustav on the condi9 tion that such vouchers will not be re-issued when 

10 families leave the program: Provided further, That of 

11 the amounts made available under this paragraph, up 

12 to $15,000,000 may be transferred to and merged 

13 with the appropriation for ‘‘Transformation Initia14 tive’’; 

15 (2) $75,000,000 shall be for section 8 rental as16 sistance for relocation and replacement of housing 

17 units that are demolished or disposed of pursuant to 

18 section 18 of the Act, conversion of section 23 projects 

19 to assistance under section 8, the family unification 

20 program under section 8(x) of the Act, relocation of 

21 witnesses in connection with efforts to combat crime 

22 in public and assisted housing pursuant to a request 

23 from a law enforcement or prosecution agency, en24 hanced vouchers under any provision of law author25 izing such assistance under section 8(t) of the Act, 
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1 HOPE VI vouchers, mandatory and voluntary con2 versions, and tenant protection assistance including 

3 replacement and relocation assistance or for project4 based assistance to prevent the displacement of unas5 sisted elderly tenants currently residing in section 

6 202 properties financed between 1959 and 1974 that 

7 are refinanced pursuant to Public Law 106–569, as 

8 amended, or under the authority as provided under 

9 this Act: Provided, That when a public housing devel10 opment is submitted for demolition or disposition 

11 under section 18 of the Act, the Secretary may pro12 vide section 8 rental assistance when the units pose 

13 an imminent health and safety risk to residents: Pro14 vided further, That the Secretary may only provide 

15 replacement vouchers for units that were occupied 

16 within the previous 24 months that cease to be avail17 able as assisted housing, subject only to the avail18 ability of funds: Provided further, That of the 

19 amounts made available under this paragraph, 

20 $10,000,000 shall be available to provide tenant pro21 tection assistance, not otherwise provided under this 

22 paragraph, to residents residing in low-vacancy areas 

23 and who may have to pay rents greater than 30 per24 cent of household income, as the result of (1) the ma25 turity of a HUD-insured, HUD-held or section 202 
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1 loan that requires the permission of the Secretary 

2 prior to loan prepayment; (2) the expiration of a 

3 rental assistance contract for which the tenants are 

4 not eligible for enhanced voucher or tenant protection 

5 assistance under existing law; or (3) the expiration of 

6 affordability restrictions accompanying a mortgage or 

7 preservation program administered by the Secretary: 

8 Provided further, That such tenant protection assist9 ance made available under the previous proviso may 

10 be provided under the authority of section 8(t) or sec11 tion 8(o)(13) of the United States Housing Act of 

12 1937 (42 U.S.C. 1437f(t)): Provided further, That the 

13 Secretary shall issue guidance to implement the pre14 vious provisos, including, but not limited to, require15 ments for defining eligible at-risk households within 

16 120 days of the enactment of this Act; 

17 (3) $1,400,000,000 shall be for administrative 

18 and other expenses of public housing agencies in ad19 ministering the section 8 tenant-based rental assist20 ance program, of which up to $50,000,000 shall be 

21 available to the Secretary to allocate to public hous22 ing agencies that need additional funds to administer 

23 their section 8 programs, including fees associated 

24 with section 8 tenant protection rental assistance, the 

25 administration of disaster related vouchers, Veterans 
287 

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1 Affairs Supportive Housing vouchers, and other in2 cremental vouchers: Provided, That no less than 

3 $1,350,000,000 of the amount provided in this para4 graph shall be allocated to public housing agencies for 

5 the calendar year 2012 funding cycle based on section 

6 8(q) of the Act (and related Appropriation Act provi7 sions) as in effect immediately before the enactment 

8 of the Quality Housing and Work Responsibility Act 

9 of 1998 (Public Law 105–276): Provided further, 

10 That if the amounts made available under this para11 graph are insufficient to pay the amounts determined 

12 under the previous proviso, the Secretary may de13 crease the amounts allocated to agencies by a uniform 

14 percentage applicable to all agencies receiving fund15 ing under this paragraph or may, to the extent nec16 essary to provide full payment of amounts determined 

17 under the previous proviso, utilize unobligated bal18 ances, including recaptures and carryovers, remain19 ing from funds appropriated to the Department of 

20 Housing and Urban Development under this heading 

21 from prior fiscal years, notwithstanding the purposes 

22 for which such amounts were appropriated: Provided 

23 further, That amounts provided under this paragraph 

24 shall be only for activities related to the provision of 
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1 tenant-based rental assistance authorized under sec2 tion 8, including related development activities; 

3 (4) $60,000,000 shall be available for family self4 sufficiency coordinators under section 23 of the Act; 

5 (5) $113,452,000 for the renewal of tenant-based 

6 assistance contracts under section 811 of the Cran7 ston-Gonzalez National Affordable Housing Act (42 

8 U.S.C. 8013), including necessary administrative ex9 penses; 

10 (6) $75,000,000 for incremental rental voucher 

11 assistance for use through a supported housing pro12 gram administered in conjunction with the Depart13 ment of Veterans Affairs as authorized under section 

14 8(o)(19) of the United States Housing Act of 1937: 

15 Provided, That the Secretary of Housing and Urban 

16 Development shall make such funding available, not17 withstanding section 204 (competition provision) of 

18 this title, to public housing agencies that partner with 

19 eligible VA Medical Centers or other entities as des20 ignated by the Secretary of the Department of Vet21 erans Affairs, based on geographical need for such as22 sistance as identified by the Secretary of the Depart23 ment of Veterans Affairs, public housing agency ad24 ministrative performance, and other factors as speci25 fied by the Secretary of Housing and Urban Develop-
289 

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1 ment in consultation with the Secretary of the De2 partment of Veterans Affairs: Provided further, That 

3 the Secretary of Housing and Urban Development 

4 may waive, or specify alternative requirements for (in 

5 consultation with the Secretary of the Department of 

6 Veterans Affairs), any provision of any statute or reg7 ulation that the Secretary of Housing and Urban De8 velopment administers in connection with the use of 

9 funds made available under this paragraph (except 

10 for requirements related to fair housing, non11 discrimination, labor standards, and the environ12 ment), upon a finding by the Secretary that any such 

13 waivers or alternative requirements are necessary for 

14 the effective delivery and administration of such 

15 voucher assistance: Provided further, That assistance 

16 made available under this paragraph shall continue 

17 to remain available for homeless veterans upon turn18 over; 

19 (7) $5,000,000 for payments to public housing 

20 authorities to be competitively awarded in order to 

21 demonstrate the effectiveness of leveraging mainstream 

22 resources to address the needs of families and individ23 uals who are homeless or at risk of homelessness, as 

24 defined by the Secretary of Housing and Urban De25 velopment, to be administered by the Secretary in 
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† HR 2112 EAS 

1 conjunction with the Department of Health and 

2 Human Services and the Department of Education: 

3 Provided, That funds provided under this paragraph 

4 shall be awarded to public housing authorities that 

5 (1) partner with eligible State and local entities re6 sponsible for distributing Temporary Assistance for 

7 Needy Families (TANF) and other health and human 

8 services, as designated by the Secretary of the Depart9 ment of Health and Human Services, and (2) partner 

10 with school homelessness liaisons funded through the 

11 Department of Education’s Education for Homeless 

12 Children and Youth Program: Provided further, That 

13 the funds may also be available to public housing au14 thorities that partner with eligible State Medicaid 

15 agencies and State behavioral health entities, as des16 ignated by the Secretary of the Department of Health 

17 and Human Services, to provide housing in conjunc18 tion with Medicaid case management, substance abuse 

19 treatment, and mental health services; and 

20 (8) The Secretary shall separately track all spe21 cial purpose vouchers funded under this heading. 

22 HOUSING CERTIFICATE FUND

23 (RESCISSION)

24 Of the unobligated balances, including recaptures and 

25 carryover, remaining from funds appropriated to the De-
291 

† HR 2112 EAS 

1 partment of Housing and Urban Development under this 

2 heading, $200,000,000 are rescinded, to be effected by the 

3 Secretary of Housing and Urban Development no later than 

4 September 30, 2012: Provided, That if insufficient funds 

5 exist under these headings, the remaining balance may be 

6 derived from any other unobligated balances available 

7 under any heading under this title funded in fiscal year 

8 2011 and prior years: Provided further, That the Secretary 

9 shall notify the Committees on Appropriations of the unob10 ligated balances used to meet this rescission 30 days in ad11 vance of such rescission: Provided further, That any such 

12 balances governed by reallocation provisions under the stat13 ute authorizing the program for which the funds were origi14 nally appropriated shall be available for the rescission: Pro15 vided further, That any obligated balances of contract au16 thority from fiscal year 1974 and prior that have been ter17 minated shall be cancelled. 

18 PUBLIC HOUSING CAPITAL FUND

19 For the Public Housing Capital Fund Program to 

20 carry out capital and management activities for public 

21 housing agencies, as authorized under section 9 of the 

22 United States Housing Act of 1937 (42 U.S.C. 1437g) (the 

23 ‘‘Act’’) $1,875,000,000, to remain available until September 

24 30, 2015: Provided, That notwithstanding any other provi25 sion of law or regulation, during fiscal year 2012 the Sec-
292 

† HR 2112 EAS 

1 retary of Housing and Urban Development may not dele2 gate to any Department official other than the Deputy Sec3 retary and the Assistant Secretary for Public and Indian 

4 Housing any authority under paragraph (2) of section 9(j) 

5 regarding the extension of the time periods under such sec6 tion: Provided further, That for purposes of such section 

7 9(j), the term ‘‘obligate’’ means, with respect to amounts, 

8 that the amounts are subject to a binding agreement that 

9 will result in outlays, immediately or in the future: Pro10 vided further, That up to $10,000,000 shall be to support 

11 the ongoing Public Housing Financial and Physical Assess12 ment activities of the Real Estate Assessment Center 

13 (REAC): Provided further, That of the total amount pro14 vided under this heading, not to exceed $20,000,000 shall 

15 be available for the Secretary to make grants, notwith16 standing section 204 of this Act, to public housing agencies 

17 for emergency capital needs including safety and security 

18 measures necessary to address crime and drug-related activ19 ity as well as needs resulting from unforeseen or unprevent20 able emergencies and natural disasters excluding Presi21 dentially declared emergencies and natural disasters under 

22 the Robert T. Stafford Disaster Relief and Emergency Act 

23 (42 U.S.C. 5121 et seq.) occurring in fiscal year 2012: Pro24 vided further, That of the total amount provided under this 

25 heading $50,000,000 shall be for supportive services, service 
293 

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1 coordinator and congregate services as authorized by section 

2 34 of the Act (42 U.S.C. 1437z–6) and the Native American 

3 Housing Assistance and Self-Determination Act of 1996 (25 

4 U.S.C. 4101 et seq.): Provided further, That of the total 

5 amount provided under this heading, up to $5,000,000 is 

6 to support the costs of administrative and judicial receiver7 ships: Provided further, That from the funds made available 

8 under this heading, the Secretary shall provide bonus 

9 awards in fiscal year 2012 to public housing agencies that 

10 are designated high performers. 

11 PUBLIC HOUSING OPERATING FUND

12 For 2012 payments to public housing agencies for the 

13 operation and management of public housing, as authorized 

14 by section 9(e) of the United States Housing Act of 1937 

15 (42 U.S.C. 1437g(e)), $3,961,850,000, of which $20,000,000 

16 shall be available until September 30, 2013: Provided, That 

17 in determining public housing agencies’, including Moving 

18 to Work agencies’, calendar year 2012 funding allocations 

19 under this heading, the Secretary shall take into account 

20 public housing agencies’ excess operating fund reserves, as 

21 determined by the Secretary: Provided further, That Moving 

22 to Work agencies shall receive a pro-rata reduction con23 sistent with their peer groups: Provided further, That no 

24 public housing agency shall be left with less than $100,000 

25 in operating reserves: Provided further, That the Secretary 
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† HR 2112 EAS 

1 shall not offset excess reserves by more than $750,000,000: 

2 Provided further, That in implementing such allocation re3 ductions, the Secretary shall establish a process by which 

4 public housing agencies can appeal the initial allocation 

5 amounts and the Secretary shall consider adjustments based 

6 on such factors, including prior funding reservations, com7 mitments related to mixed finance developments, or report8 ing errors: Provided further, That the Secretary shall notify 

9 public housing agencies of such process and what docu10 mentation may be required as part of such appeal: Provided 

11 further, That following the appeals process established 

12 under the previous two provisos, the Secretary shall make 

13 final allocations: Provided further, That of the amount pro14 vided under this heading up to $20,000,000 may be set 

15 aside to provide assistance to any public housing authority 

16 who encounters financial hardship as a direct result of an 

17 excess reserve offset applied to an allocation of funding 

18 under this heading: Provided further, That the Secretary 

19 shall provide flexibility to public housing agencies to use 

20 excess operating reserves for capital improvements. 

21 CHOICE NEIGHBORHOODS

22 For competitive grants under the Choice Neighborhoods 

23 Initiative (subject to section 24 of the United States Hous24 ing Act of 1937 (42 U.S.C. 1437v), unless otherwise speci25 fied under this heading), for transformation, rehabilitation, 
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1 and replacement housing needs of both public and HUD2 assisted housing and to transform neighborhoods of poverty 

3 into functioning, sustainable mixed income neighborhoods 

4 with appropriate services, schools, public assets, transpor5 tation and access to jobs, $120,000,000, to remain available 

6 until September 30, 2014: Provided, That grant funds may 

7 be used for resident and community services, community 

8 development, and affordable housing needs in the commu9 nity, and for conversion of vacant or foreclosed properties 

10 to affordable housing: Provided further, That grantees shall 

11 undertake comprehensive local planning with input from 

12 residents and the community, and that grantees shall pro13 vide a match in State, local, other Federal or private funds: 

14 Provided further, That grantees may include local govern15 ments, tribal entities, public housing authorities, and non16 profits: Provided further, That for-profit developers may 

17 apply jointly with a public entity: Provided further, That 

18 of the amount provided, not less than $80,000,000 shall be 

19 awarded to public housing authorities: Provided further, 

20 That such grantees shall create partnerships with other 

21 local organizations including assisted housing owners, serv22 ice agencies, and resident organizations: Provided further, 

23 That the Secretary shall consult with the Secretaries of 

24 Education, Labor, Transportation, Health and Human 

25 Services, Agriculture, and Commerce and the Adminis-
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1 trator of the Environmental Protection Agency to coordi2 nate and leverage other appropriate Federal resources: Pro3 vided further, That no more than $5,000,000 of funds made 

4 available under this heading may be provided to assist com5 munities in developing comprehensive strategies for imple6 menting this program or implementing other revitalization 

7 efforts in conjunction with community notice and input: 

8 Provided further, That the Secretary shall develop and pub9 lish guidelines for the use of such competitive funds, includ10 ing but not limited to eligible activities, program require11 ments, and performance metrics. 

12 NATIVE AMERICAN HOUSING BLOCK GRANTS

13 For the Native American Housing Block Grants pro14 gram, as authorized under title I of the Native American 

15 Housing Assistance and Self-Determination Act of 1996 

16 (NAHASDA) (25 U.S.C. 4111 et seq.), $650,000,000, to re17 main available until expended: Provided, That, notwith18 standing the Native American Housing Assistance and Self19 Determination Act of 1996, to determine the amount of the 

20 allocation under title I of such Act for each Indian tribe, 

21 the Secretary shall apply the formula under section 302 of 

22 such Act with the need component based on single-race cen23 sus data and with the need component based on multi-race 

24 census data, and the amount of the allocation for each In25 dian tribe shall be the greater of the two resulting allocation 
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1 amounts: Provided further, That of the amounts made 

2 available under this heading, $3,500,000 shall be contracted 

3 for assistance for a national organization representing Na4 tive American housing interests for providing training and 

5 technical assistance to Indian housing authorities and trib6 ally designated housing entities as authorized under 

7 NAHASDA; and $4,250,000 shall be to support the inspec8 tion of Indian housing units, contract expertise, training, 

9 and technical assistance in the training, oversight, and 

10 management of such Indian housing and tenant-based as11 sistance, including up to $300,000 for related travel: Pro12 vided further, That of the amount provided under this head13 ing, $2,000,000 shall be made available for the cost of guar14 anteed notes and other obligations, as authorized by title 

15 VI of NAHASDA: Provided further, That such costs, includ16 ing the costs of modifying such notes and other obligations, 

17 shall be as defined in section 502 of the Congressional Budg18 et Act of 1974, as amended: Provided further, That these 

19 funds are available to subsidize the total principal amount 

20 of any notes and other obligations, any part of which is 

21 to be guaranteed, not to exceed $20,000,000. 

22 NATIVE HAWAIIAN HOUSING BLOCK GRANT

23 For the Native Hawaiian Housing Block Grant pro24 gram, as authorized under title VIII of the Native American 

25 Housing Assistance and Self-Determination Act of 1996 (25 
298 

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1 U.S.C. 4111 et seq.), $13,000,000, to remain available until 

2 expended: Provided, That of this amount, $300,000 shall be 

3 for training and technical assistance activities, including 

4 up to $100,000 for related travel by Hawaii-based HUD 

5 employees. 

6 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

7 ACCOUNT

8 For the cost of guaranteed loans, as authorized by sec9 tion 184 of the Housing and Community Development Act 

10 of 1992 (12 U.S.C. 1715z), $7,000,000, to remain available 

11 until expended: Provided, That such costs, including the 

12 costs of modifying such loans, shall be as defined in section 

13 502 of the Congressional Budget Act of 1974: Provided fur14 ther, That these funds are available to subsidize total loan 

15 principal, any part of which is to be guaranteed, up to 

16 $428,000,000: Provided further, That up to $750,000 shall 

17 be for administrative contract expenses including manage18 ment processes and systems to carry out the loan guarantee 

19 program. 

20 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

21 PROGRAM ACCOUNT

22 For the cost of guaranteed loans, as authorized by sec23 tion 184A of the Housing and Community Development Act 

24 of 1992 (12 U.S.C. 1715z) and for such costs for loans used 

25 for refinancing, $386,000, to remain available until ex-
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1 pended: Provided, That such costs, including the costs of 

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

3 the Congressional Budget Act of 1974: Provided further, 

4 That these funds are available to subsidize total loan prin5 cipal, any part of which is to be guaranteed, not to exceed 

6 $41,504,000. 

7 COMMUNITY PLANNING AND DEVELOPMENT

8 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

9 For carrying out the Housing Opportunities for Per10 sons with AIDS program, as authorized by the AIDS Hous11 ing Opportunity Act (42 U.S.C. 12901 et seq.), 

12 $330,000,000, to remain available until September 30, 

13 2013, except that amounts allocated pursuant to section 

14 854(c)(3) of such Act shall remain available until Sep15 tember 30, 2014: Provided, That the Secretary shall renew 

16 all expiring contracts for permanent supportive housing 

17 that were funded under section 854(c)(3) of such Act that 

18 meet all program requirements before awarding funds for 

19 new contracts and activities authorized under this section. 

20 COMMUNITY DEVELOPMENT FUND

21 For assistance to units of State and local government, 

22 and to other entities, for economic and community develop23 ment activities, and for other purposes, $3,001,027,000, to 

24 remain available until September 30, 2013, unless otherwise 

25 specified: Provided, That of the total amount provided, 
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1 $2,851,027,000 is for carrying out the community develop2 ment block grant program under title I of the Housing and 

3 Community Development Act of 1974, as amended (the 

4 ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, 

5 That unless explicitly provided for under this heading (ex6 cept for planning grants provided in the second paragraph 

7 and amounts made available under the third paragraph), 

8 not to exceed 20 percent of any grant made with funds ap9 propriated under this heading shall be expended for plan10 ning and management development and administration: 

11 Provided further, That $60,000,000 shall be for grants to 

12 Indian tribes notwithstanding section 106(a)(1) of such Act, 

13 of which, notwithstanding any other provision of law (in14 cluding section 204 of this Act), up to $3,960,000 may be 

15 used for emergencies that constitute imminent threats to 

16 health and safety. 

17 Of the amounts made available under this heading, 

18 $90,000,000 shall be made available for a Sustainable Com19 munities Initiative to improve regional planning efforts 

20 that integrate housing and transportation decisions, and 

21 increase the capacity to improve land use and zoning: Pro22 vided, That $63,000,000 shall be for Regional Integrated 

23 Planning Grants to support the linking of transportation 

24 and land use planning: Provided further, That not less than 

25 $15,750,000 of the funding made available for Regional In-
301 

† HR 2112 EAS 

1 tegrated Planning Grants shall be awarded to metropolitan 

2 areas of less than 500,000: Provided further, That 

3 $27,000,000 shall be for Community Challenge Planning 

4 Grants to foster reform and reduce barriers to achieve af5 fordable, economically vital, and sustainable communities: 

6 Provided further, That the Secretary will consult with the 

7 Secretary of Transportation in evaluating grant proposals. 

8 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER

9 FUNDING

10 For an additional amount for the ‘‘Community Devel11 opment Fund’’, for necessary expenses related to disaster 

12 relief, long-term recovery, and restoration of infrastructure, 

13 housing, and economic revitalization resulting from a 

14 major disaster designation pursuant to the Robert T. Staf15 ford Disaster Relief and Emergency Assistance Act (42 

16 U.S.C. 5122(2)) in 2011, $400,000,000, to remain available 

17 until expended, for activities authorized under title I of the 

18 Housing and Community Development Act of 1974 (Public 

19 Law 93–383): Provided, That the amount provided under 

20 this heading is designated by Congress as being for disaster 

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

22 Budget and Emergency Deficit Control Act of 1985 (Public 

23 Law 99–177), as amended: Provided further, That funds 

24 shall be awarded directly to the State or unit of general 

25 local government at the discretion of the Secretary: Pro-
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1 vided further, That prior to the obligation of funds a grant2 ee shall submit a plan to the Secretary detailing the pro3 posed use of all funds, including criteria for eligibility and 

4 how the use of these funds will address long-term recovery 

5 and restoration of infrastructure: Provided further, That 

6 funds provided under this heading may be used by a State 

7 or locality as a matching requirement, share, or contribu8 tion for any other Federal program: Provided further, That 

9 such funds may not be used for activities reimbursable by, 

10 or for which funds are made available by, the Federal 

11 Emergency Management Agency or the Army Corps of En12 gineers: Provided further, That funds allocated under this 

13 heading shall not adversely affect the amount of any for14 mula assistance received by a State or subdivision thereof 

15 under the Community Development Fund: Provided fur16 ther, That a State or subdivision thereof may use up to 

17 5 percent of its allocation for administrative costs: Provided 

18 further, That in administering the funds under this head19 ing, the Secretary of Housing and Urban Development may 

20 waive, or specify alternative requirements for, any provi21 sion of any statute or regulation that the Secretary admin22 isters in connection with the obligation by the Secretary 

23 or the use by the recipient of these funds or guarantees (ex24 cept for requirements related to fair housing, non25 discrimination, labor standards, and the environment), 
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1 upon a request by a State or subdivision thereof explaining 

2 why such waiver is required to facilitate the use of such 

3 funds or guarantees, if the Secretary finds that such waiver 

4 would not be inconsistent with the overall purpose of title 

5 I of the Housing and Community Development Act of 1974: 

6 Provided further, That the Secretary shall publish in the 

7 Federal Register any waiver of any statute or regulation 

8 that the Secretary administers pursuant to title I of the 

9 Housing and Community Development Act of 1974 no later 

10 than 5 days before the effective date of such waiver. 

11 COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM

12 ACCOUNT

13 For the cost of guaranteed loans, $4,960,000, to remain 

14 available until September 30, 2012, as authorized by section 

15 108 of the Housing and Community Development Act of 

16 1974 (42 U.S.C. 5308): Provided, That such costs, including 

17 the cost of modifying such loans, shall be as defined in sec18 tion 502 of the Congressional Budget Act of 1974: Provided 

19 further, That these funds are available to subsidize total 

20 loan principal, any part of which is to be guaranteed, not 

21 to exceed $200,000,000, notwithstanding any aggregate lim22 itation on outstanding obligations guaranteed in section 

23 108(k) of the Housing and Community Development Act 

24 of 1974, as amended. 
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1 HOME INVESTMENT PARTNERSHIPS PROGRAM

2 For the HOME investment partnerships program, as 

3 authorized under title II of the Cranston-Gonzalez National 

4 Affordable Housing Act, as amended, $1,000,000,000, to re5 main available until September 30, 2013: Provided, That 

6 notwithstanding the amount made available under this 

7 heading, the threshold reduction requirements in sections 

8 216(10) and 217(b)(4) of such Act shall not apply to alloca9 tion of such amount: Provided further, That funds made 

10 available under this heading used for projects not completed 

11 within 4 years of the commitment date, as determined by 

12 a signature of each party to the agreement shall be repaid: 

13 Provided further, That the Secretary may extend the dead14 line for 1 year if the Secretary determines that the failure 

15 to complete the project is beyond the control of the partici16 pating jurisdiction: Provided further, That no funds pro17 vided under this heading may be committed to any project 

18 included as part of a participating jurisdiction’s plan 

19 under section 105(b), unless each participating jurisdiction 

20 certifies that it has conducted an underwriting review, as21 sessed developer capacity and fiscal soundness, and exam22 ined neighborhood market conditions to ensure adequate 

23 need for each project: Provided further, That any homeown24 ership units funded under this heading which cannot be sold 

25 to an eligible homeowner within 6 months of project comple-
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1 tion shall be rented to an eligible tenant: Provided further, 

2 That no funds provided under this heading may be awarded 

3 for development activities to a community housing develop4 ment organization that cannot demonstrate that it is has 

5 staff with demonstrated development experience: Provided 

6 further, That funds provided in prior appropriations Acts 

7 for technical assistance, that were made available for Com8 munity Housing Development Organizations technical as9 sistance, and that still remain available, may be used for 

10 HOME technical assistance notwithstanding the purposes 

11 for which such amounts were appropriated. 

12 SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY

13 PROGRAM

14 For the Self-Help and Assisted Homeownership Op15 portunity Program, as authorized under section 11 of the 

16 Housing Opportunity Program Extension Act of 1996, as 

17 amended, $57,000,000, to remain available until September 

18 30, 2013: Provided, That of the total amount provided 

19 under this heading, $17,000,000 shall be made available to 

20 the Self-Help and Assisted Homeownership Opportunity 

21 Program as authorized under section 11 of the Housing Op22 portunity Program Extension Act of 1996, as amended: 

23 Provided further, That $35,000,000 shall be made available 

24 for the second, third and fourth capacity building activities 

25 authorized under section 4(a) of the HUD Demonstration 
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1 Act of 1993 (42 U.S.C. 9816 note), of which not less than 

2 $5,000,000 may be made available for rural capacity-build3 ing activities: Provided further, That $5,000,000 shall be 

4 made available for capacity-building activities for a na5 tional organization with expertise in rural housing, includ6 ing experience working with rural housing organizations, 

7 local governments, and Indian tribes. 

8 HOMELESS ASSISTANCE GRANTS

9 (INCLUDING TRANSFER OF FUNDS)

10 For the emergency solutions grants program as author11 ized under subtitle B of title IV of the McKinney-Vento 

12 Homeless Assistance Act, as amended; the continuum of 

13 care program as authorized under subtitle C of title IV of 

14 such Act; and the rural housing stability assistance pro15 gram as authorized under subtitle D of title IV of such Act, 

16 $1,901,190,000, of which $1,896,190,000 shall remain 

17 available until September 30, 2014, and of which 

18 $5,000,000 shall remain available until expended for 

19 project-based rental assistance with rehabilitation projects 

20 with 10-year grant terms and any rental assistance 

21 amounts that are recaptured under such continuum of care 

22 program shall remain available until expended: Provided, 

23 That not less than $286,000,000 of the funds appropriated 

24 under this heading shall be available for such emergency 

25 solutions grants program: Provided further, That not less 
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1 than $1,602,190,000 of the funds appropriated under this 

2 heading shall be available for such continuum of care and 

3 rural housing stability assistance programs: Provided fur4 ther, That up to $8,000,000 of the funds appropriated under 

5 this heading shall be available for the national homeless 

6 data analysis project: Provided further, That for all match 

7 requirements applicable to funds made available under this 

8 heading for this fiscal year and prior years, a grantee may 

9 use (or could have used) as a source of match funds other 

10 funds administered by the Secretary and other Federal 

11 agencies unless there is (or was) a specific statutory prohi12 bition on any such use of any such funds: Provided further, 

13 That the Secretary shall renew on an annual basis expiring 

14 contracts or amendments to contracts funded under the con15 tinuum of care program if the program is determined to 

16 be needed under the applicable continuum of care and meets 

17 appropriate program requirements and financial stand18 ards, as determined by the Secretary: Provided further, 

19 That all awards of assistance under this heading shall be 

20 required to coordinate and integrate homeless programs 

21 with other mainstream health, social services, and employ22 ment programs for which homeless populations may be eli23 gible, including Medicaid, State Children’s Health Insur24 ance Program, Temporary Assistance for Needy Families, 

25 Food Stamps, and services funding through the Mental 
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1 Health and Substance Abuse Block Grant, Workforce In2 vestment Act, and the Welfare-to-Work grant program: Pro3 vided further, That all balances for Shelter Plus Care re4 newals previously funded from the Shelter Plus Care Re5 newal account and transferred to this account shall be 

6 available, if recaptured, for continuum of care renewals in 

7 fiscal year 2012. 

8 HOUSING PROGRAMS

9 PROJECT-BASED RENTAL ASSISTANCE

10 For activities and assistance for the provision of 

11 project-based subsidy contracts under the United States 

12 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the Act’’), 

13 not otherwise provided for, $9,018,672,000, to remain avail14 able until expended, shall be available on October 1, 2011 

15 (in addition to the $400,000,000 previously appropriated 

16 under this heading that will become available October 1, 

17 2012), and $400,000,000, to remain available until ex18 pended, shall be available on October 1, 2012: Provided, 

19 That the amounts made available under this heading shall 

20 be available for expiring or terminating section 8 project21 based subsidy contracts (including section 8 moderate reha22 bilitation contracts), for amendments to section 8 project23 based subsidy contracts (including section 8 moderate reha24 bilitation contracts), for contracts entered into pursuant to 

25 section 441 of the McKinney-Vento Homeless Assistance Act 
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1 (42 U.S.C. 11401), for renewal of section 8 contracts for 

2 units in projects that are subject to approved plans of action 

3 under the Emergency Low Income Housing Preservation 

4 Act of 1987 or the Low-Income Housing Preservation and 

5 Resident Homeownership Act of 1990, and for administra6 tive and other expenses associated with project-based activi7 ties and assistance funded under this paragraph: Provided 

8 further, That of the total amounts provided under this head9 ing, not to exceed $289,000,000 shall be available for per10 formance-based contract administrators for section 8 

11 project-based assistance: Provided further, That the Sec12 retary of Housing and Urban Development may also use 

13 such amounts in the previous proviso for performance-based 

14 contract administrators for the administration of: interest 

15 reduction payments pursuant to section 236(a) of the Na16 tional Housing Act (12 U.S.C. 1715z–1(a)); rent supple17 ment payments pursuant to section 101 of the Housing and 

18 Urban Development Act of 1965 (12 U.S.C. 1701s); section 

19 236(f)(2) rental assistance payments (12 U.S.C. 1715z– 

20 1(f)(2)); project rental assistance contracts for the elderly 

21 under section 202(c)(2) of the Housing Act of 1959 (12 

22 U.S.C. 1701q); project rental assistance contracts for sup23 portive housing for persons with disabilities under section 

24 811(d)(2) of the Cranston-Gonzalez National Affordable 

25 Housing Act (42 U.S.C. 8013(d)(2)); project assistance con-
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1 tracts pursuant to section 202(h) of the Housing Act of 1959 

2 (Public Law 86–372; 73 Stat. 667); and loans under section 

3 202 of the Housing Act of 1959 (Public Law 86–372; 73 

4 Stat. 667): Provided further, That amounts recaptured 

5 under this heading may be used for renewals of or amend6 ments to section 8 project-based contracts or for perform7 ance-based contract administrators, notwithstanding the 

8 purposes for which such amounts were appropriated. 

9 HOUSING FOR THE ELDERLY

10 For capital advances, including amendments to cap11 ital advance contracts, for housing for the elderly, as au12 thorized by section 202 of the Housing Act of 1959, as 

13 amended, and for project rental assistance for the elderly 

14 under section 202(c)(2) of such Act, including amendments 

15 to contracts for such assistance and renewal of expiring con16 tracts for such assistance for up to a 1-year term, and for 

17 senior preservation rental assistance contracts, as author18 ized by section 811(e) of the American Housing and Eco19 nomic Opportunity Act of 2000, as amended, and for sup20 portive services associated with the housing, $369,627,000 

21 to remain available until September 30, 2015: Provided, 

22 That of the amount provided under this heading, up to 

23 $91,000,000 shall be for service coordinators and the con24 tinuation of existing congregate service grants for residents 

25 of assisted housing projects, and of which up to $20,000,000 
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1 shall be for grants under section 202b of the Housing Act 

2 of 1959 (12 U.S.C. 1701q–2) for conversion of eligible 

3 projects under such section to assisted living, service-en4 riched housing, or related use for substantial and emergency 

5 repairs as determined by the Secretary: Provided further, 

6 That amounts under this heading shall be available for Real 

7 Estate Assessment Center inspections and inspection-related 

8 activities associated with section 202 capital advance 

9 projects: Provided further, That the Secretary may waive 

10 the provisions of section 202 governing the terms and condi11 tions of project rental assistance, except that the initial con12 tract term for such assistance shall not exceed 5 years in 

13 duration. 

14 HOUSING FOR PERSONS WITH DISABILITIES

15 For capital advance contracts, including amendments 

16 to capital advance contracts, for supportive housing for per17 sons with disabilities, as authorized by section 811 of the 

18 Cranston-Gonzalez National Affordable Housing Act (42 

19 U.S.C. 8013) and for project rental assistance for sup20 portive housing for persons with disabilities under section 

21 811(d)(2) of such Act, including amendments to contracts 

22 for such assistance and renewal of expiring contracts for 

23 such assistance for up to a 1-year term, and for supportive 

24 services associated with the housing for persons with dis25 abilities as authorized by section 811(b)(1) of such Act, 
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1 $150,000,000 to remain available until September 30, 2015: 

2 Provided, That the Secretary may waive the provisions of 

3 section 811 governing the terms and conditions of project 

4 rental assistance, except that the initial contract term for 

5 such assistance shall not exceed 5 years in duration: Pro6 vided further, That amounts made available under this 

7 heading shall be available for Real Estate Assessment Cen8 ter inspections and inspection-related activities associated 

9 with section 811 Capital Advance Projects: Provided fur10 ther, That the Secretary shall conduct a demonstration pro11 gram to make available funds provided under this heading 

12 for project rental assistance to State housing finance agen13 cies and other appropriate entities as authorized under sec14 tion 811(b)(3) of the Cranston-Gonzalez National Affordable 

15 Housing Act (42 U.S.C. 8013(b)(3)). 

16 HOUSING COUNSELING ASSISTANCE

17 For contracts, grants, and other assistance excluding 

18 loans, as authorized under section 106 of the Housing and 

19 Urban Development Act of 1968, as amended, $60,000,000, 

20 including up to $2,500,000 for administrative contract 

21 services, to remain available until September 30, 2012: Pro22 vided, That grants made available from amounts provided 

23 under this heading shall be awarded within 120 days of 

24 enactment of this Act: Provided further, That funds shall 

25 be used for providing counseling and advice to tenants and 
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1 homeowners, both current and prospective, with respect to 

2 property maintenance, financial management/literacy, and 

3 such other matters as may be appropriate to assist them 

4 in improving their housing conditions, meeting their finan5 cial needs, and fulfilling the responsibilities of tenancy or 

6 homeownership; for program administration; and for hous7 ing counselor training. 

8 OTHER ASSISTED HOUSING PROGRAMS

9 RENTAL HOUSING ASSISTANCE

10 For amendments to or extensions for up to 1 year of 

11 contracts under section 101 of the Housing and Urban De12 velopment Act of 1965 (12 U.S.C. 1701s) and section 

13 236(f)(2) of the National Housing Act (12 U.S.C. 1715z– 

14 1) in State-aided, noninsured rental housing projects, 

15 $1,300,000, to remain available until expended. 

16 RENT SUPPLEMENT

17 (RESCISSION)

18 Of the amounts recaptured from terminated contracts 

19 under section 101 of the Housing and Urban Development 

20 Act of 1965 (12 U.S.C. 1701s) and section 236 of the Na21 tional Housing Act (12 U.S.C. 1715z–1) $231,600,000 are 

22 rescinded: Provided, That no amounts may be rescinded 

23 from amounts that were designated by the Congress as an 

24 emergency requirement pursuant to the Concurrent Resolu-
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1 tion on the Budget or the Balanced Budget and Emergency 

2 Deficit Control Act of 1985, as amended. 

3 PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

4 For necessary expenses as authorized by the National 

5 Manufactured Housing Construction and Safety Standards 

6 Act of 1974 (42 U.S.C. 5401 et seq.), up to $9,000,000, to 

7 remain available until expended, of which $4,000,000 is to 

8 be derived from the Manufactured Housing Fees Trust 

9 Fund: Provided, That not to exceed the total amount appro10 priated under this heading shall be available from the gen11 eral fund of the Treasury to the extent necessary to incur 

12 obligations and make expenditures pending the receipt of 

13 collections to the Fund pursuant to section 620 of such Act: 

14 Provided further, That the amount made available under 

15 this heading from the general fund shall be reduced as such 

16 collections are received during fiscal year 2011 so as to re17 sult in a final fiscal year 2011 appropriation from the gen18 eral fund estimated at not more than $5,000,000 and fees 

19 pursuant to such section 620 shall be modified as necessary 

20 to ensure such a final fiscal year 2011 appropriation: Pro21 vided further, That for the dispute resolution and installa22 tion programs, the Secretary of Housing and Urban Devel23 opment may assess and collect fees from any program par24 ticipant: Provided further, That such collections shall be de25 posited into the Fund, and the Secretary, as provided here-
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1 in, may use such collections, as well as fees collected under 

2 section 620, for necessary expenses of such Act: Provided 

3 further, That notwithstanding the requirements of section 

4 620 of such Act, the Secretary may carry out responsibil5 ities of the Secretary under such Act through the use of ap6 proved service providers that are paid directly by the recipi7 ents of their services. 

8 FEDERAL HOUSING ADMINISTRATION

9 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

10 (INCLUDING TRANSFERS OF FUNDS)

11 New commitments to guarantee single family loans in12 sured under the Mutual Mortgage Insurance Fund shall not 

13 exceed $400,000,000,000, to remain available until Sep14 tember 30, 2013: Provided, That during fiscal year 2012, 

15 obligations to make direct loans to carry out the purposes 

16 of section 204(g) of the National Housing Act, as amended, 

17 shall not exceed $50,000,000: Provided further, That the 

18 foregoing amount in the previous proviso shall be for loans 

19 to nonprofit and governmental entities in connection with 

20 sales of single family real properties owned by the Secretary 

21 and formerly insured under the Mutual Mortgage Insurance 

22 Fund. For administrative contract expenses of the Federal 

23 Housing Administration, $206,586,000, to remain avail24 able until September 30, 2013, of which up to $70,652,000 

25 may be transferred to and merged with the Working Capital 
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1 Fund: Provided further, That to the extent guaranteed loan 

2 commitments exceed $200,000,000,000 on or before April 1, 

3 2012, an additional $1,400 for administrative contract ex4 penses shall be available for each $1,000,000 in additional 

5 guaranteed loan commitments (including a pro rata 

6 amount for any amount below $1,000,000), but in no case 

7 shall funds made available by this proviso exceed 

8 $30,000,000. 

9 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

10 During fiscal year 2012, commitments to guarantee 

11 loans incurred under the General and Special Risk Insur12 ance Funds, as authorized by sections 238 and 519 of the 

13 National Housing Act (12 U.S.C. 1715z–3 and 1735c), shall 

14 not exceed $25,000,000,000 in total loan principal, any 

15 part of which is to be guaranteed. 

16 Gross obligations for the principal amount of direct 

17 loans, as authorized by sections 204(g), 207(l), 238, and 

18 519(a) of the National Housing Act, shall not exceed 

19 $20,000,000, which shall be for loans to nonprofit and gov20 ernmental entities in connection with the sale of single fam21 ily real properties owned by the Secretary and formerly in22 sured under such Act. 
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1 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

2 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

3 GUARANTEE PROGRAM ACCOUNT

4 New commitments to issue guarantees to carry out the 

5 purposes of section 306 of the National Housing Act, as 

6 amended (12 U.S.C. 1721(g)), shall not exceed 

7 $500,000,000,000, to remain available until September 30, 

8 2013: Provided, That $20,000,000 shall be available for per9 sonnel compensation and benefits, and other administrative 

10 expenses of the Government National Mortgage Association: 

11 Provided further, That to the extent that guaranteed loan 

12 commitments will and do exceed $300,000,000,000, an ad13 ditional $100 for personnel compensation and benefits, and 

14 administrative expenses shall be available until expended 

15 for each $1,000,000 in additional guaranteed loan commit16 ments (including a pro rata amount for any amount below 

17 $1,000,000): Provided further, That receipts from Commit18 ment and Multiclass fees collected pursuant to title III of 

19 the National Housing Act, as amended, shall be credited 

20 as offsetting collections to this account. 

21 POLICY DEVELOPMENT AND RESEARCH

22 RESEARCH AND TECHNOLOGY

23 For contracts, grants, and necessary expenses of pro24 grams of research and studies relating to housing and 

25 urban problems, not otherwise provided for, as authorized 
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1 by title V of the Housing and Urban Development Act of 

2 1970 (12 U.S.C. 1701z–1 et seq.), including carrying out 

3 the functions of the Secretary of Housing and Urban Devel4 opment under section 1(a)(1)(i) of Reorganization Plan No. 

5 2 of 1968, $45,825,000, to remain available until September 

6 30, 2013: Provided, That with respect to amounts made 

7 available under this heading, notwithstanding section 204 

8 of this title, the Secretary may enter into cooperative agree9 ments funded with philanthropic entities, other Federal 

10 agencies, or State or local governments and their agencies 

11 for research projects: Provided further, That with respect 

12 to the previous proviso, such partners to the cooperative 

13 agreements must contribute at least a 50 percent match to14 ward the cost of the project: Provided further, That for non15 competitive agreements entered into in accordance with the 

16 previous two provisos, the Secretary of Housing and Urban 

17 Development shall comply with section 2(b) of the Federal 

18 Funding Accountability and Transparency Act of 2006 

19 (Public Law 109–282, 31 U.S.C. note) in lieu of compliance 

20 with section 102(a)(4)(C) with respect to documentation of 

21 award decisions. 

22 FAIR HOUSING AND EQUAL OPPORTUNITY

23 FAIR HOUSING ACTIVITIES

24 For contracts, grants, and other assistance, not other25 wise provided for, as authorized by title VIII of the Civil 
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1 Rights Act of 1968, as amended by the Fair Housing 

2 Amendments Act of 1988, and section 561 of the Housing 

3 and Community Development Act of 1987, as amended, 

4 $70,847,000, to remain available until September 30, 2013, 

5 of which $42,500,000 shall be to carry out activities pursu6 ant to such section 561: Provided, That notwithstanding 31 

7 U.S.C. 3302, the Secretary may assess and collect fees to 

8 cover the costs of the Fair Housing Training Academy, and 

9 may use such funds to provide such training: Provided fur10 ther, That no funds made available under this heading shall 

11 be used to lobby the executive or legislative branches of the 

12 Federal Government in connection with a specific contract, 

13 grant or loan: Provided further, That of the funds made 

14 available under this heading, $300,000 shall be available 

15 to the Secretary of Housing and Urban Development for 

16 the creation and promotion of translated materials and 

17 other programs that support the assistance of persons with 

18 limited English proficiency in utilizing the services pro19 vided by the Department of Housing and Urban Develop20 ment. 

21 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

22 CONTROL

23 LEAD HAZARD REDUCTION

24 For the Lead Hazard Reduction Program, as author25 ized by section 1011 of the Residential Lead-Based Paint 
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1 Hazard Reduction Act of 1992, $120,000,000, to remain 

2 available until September 30, 2013, pursuant to sections 

3 501 and 502 of the Housing and Urban Development Act 

4 of 1970 that shall include research, studies, testing, and 

5 demonstration efforts, including education and outreach 

6 concerning lead-based paint poisoning and other housing7 related diseases and hazards: Provided, That for purposes 

8 of environmental review, pursuant to the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

10 other provisions of the law that further the purposes of such 

11 Act, a grant under the Healthy Homes Initiative, Oper12 ation Lead Elimination Action Plan (LEAP), or the Lead 

13 Technical Studies program under this heading or under 

14 prior appropriations Acts for such purposes under this 

15 heading, shall be considered to be funds for a special project 

16 for purposes of section 305(c) of the Multifamily Housing 

17 Property Disposition Reform Act of 1994: Provided further, 

18 That of the total amount made available under this head19 ing, $45,000,000 shall be made available on a competitive 

20 basis for areas with the highest lead paint abatement needs: 

21 Provided further, That each recipient of funds provided 

22 under the second proviso shall make a matching contribu23 tion in an amount not less than 25 percent: Provided fur24 ther, That the Secretary may waive the matching require25 ment cited in the preceding proviso on a case by case basis 
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1 if the Secretary determines that such a waiver is necessary 

2 to advance the purposes of this program: Provided further, 

3 That each applicant shall submit a detailed plan and strat4 egy that demonstrates adequate capacity that is acceptable 

5 to the Secretary to carry out the proposed use of funds pur6 suant to a notice of funding availability: Provided further, 

7 That amounts made available under this heading in this 

8 or prior appropriations Acts, and that still remain avail9 able, may be used for any purpose under this heading not10 withstanding the purpose for which such amounts were ap11 propriated if a program competition is undersubscribed 

12 and there are other program competitions under this head13 ing that are oversubscribed. 

14 WORKING CAPITAL FUND

15 For additional capital for the Working Capital Fund 

16 (42 U.S.C. 3535) for the maintenance of infrastructure for 

17 Department-wide information technology systems, for the 

18 continuing operation and maintenance of both Department19 wide and program-specific information systems, and for 

20 program-related maintenance activities, $192,475,000, to 

21 remain available until September 30, 2013: Provided, That 

22 any amounts transferred to this Fund under this Act shall 

23 remain available until expended: Provided further, That 

24 any amounts transferred to this Fund from amounts appro25 priated by previously enacted appropriations Acts may be 
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1 used for the purposes specified under this Fund, in addition 

2 to any other information technology the purposes for which 

3 such amounts were appropriated: Provided further, That 

4 not more than 25 percent of the funds made available under 

5 this heading for Development, Modernization and Enhance6 ment, including development and deployment of a Next 

7 Generation of Voucher Management System and develop8 ment and deployment of modernized Federal Housing Ad9 ministration systems may be obligated until the Secretary 

10 submits to the Committees on Appropriations a plan for 

11 expenditure that—(A) identifies for each modernization 

12 project: (i) the functional and performance capabilities to 

13 be delivered and the mission benefits to be realized, (ii) the 

14 estimated life-cycle cost, and (iii) key milestones to be met; 

15 (B) demonstrates that each modernization project is: (i) 

16 compliant with the department’s enterprise architecture, 

17 (ii) being managed in accordance with applicable life-cycle 

18 management policies and guidance, (iii) subject to the de19 partment’s capital planning and investment control re20 quirements, and (iv) supported by an adequately staffed 

21 project office; and (C) has been reviewed by the Government 

22 Accountability Office. 

23 OFFICE OF INSPECTOR GENERAL

24 For necessary salaries and expenses of the Office of In25 spector General in carrying out the Inspector General Act 
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1 of 1978, as amended, $124,750,000: Provided, That the In2 spector General shall have independent authority over all 

3 personnel issues within this office. 

4 TRANSFORMATION INITIATIVE

5 (INCLUDING TRANSFER OF FUNDS)

6 Of the amounts made available in this Act under each 

7 of the following headings under this title, the Secretary may 

8 transfer to, and merge with, this account up to 0.5 percent 

9 from each such account, and such transferred amounts shall 

10 be available until September 30, 2014, for: (1) research, 

11 evaluation, and program metrics; (2) program demonstra12 tions; and (3) technical assistance and capacity building: 

13 ‘‘Choice Neighborhoods Initiative’’, ‘‘Housing Opportunities 

14 for Persons With AIDS’’, ‘‘Community Development 

15 Fund’’, ‘‘HOME Investment Partnerships Program’’, ‘‘Self16 Help and Assisted Homeownership Opportunity Program’’, 

17 ‘‘Homeless Assistance Grants’’, ‘‘Housing for the Elderly’’, 

18 ‘‘Housing for Persons With Disabilities’’, ‘‘Housing Coun19 seling Assistance’’, ‘‘Payment to Manufactured Housing 

20 Fees Trust Fund’’, ‘‘Mutual Mortgage Insurance Program 

21 Account’’, ‘‘Lead Hazard Reduction’’, ‘‘Rental Housing As22 sistance’’, and ‘‘Fair Housing Activities’’: Provided, That 

23 of the amounts made available under this paragraph, not 

24 less than $45,000,000 shall be available for technical assist25 ance and capacity building: Provided further, That tech-
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1 nical assistance activities shall include, technical assistance 

2 for HUD programs, including HOME, Community Devel3 opment Block Grant, homeless programs, HOPWA, HOPE 

4 VI, Public Housing, the Housing Choice Voucher Program, 

5 Fair Housing Initiative Program, Housing Counseling, 

6 Healthy Homes, Sustainable Communities, and other tech7 nical assistance as determined by the Secretary: Provided 

8 further, That the Secretary shall submit a plan to the House 

9 and Senate Committees on Appropriations for approval de10 tailing how the funding provided under this heading will 

11 be allocated to each of the four categories identified under 

12 this heading and for what projects or activities funding will 

13 be used: Provided further, That following the initial ap14 proval of this plan, the Secretary may amend the plan with 

15 the approval of the House and Senate Committees on Ap16 propriations: Provided further, That with respect to 

17 amounts made available under this heading for research, 

18 evaluation, program metrics, and program demonstrations, 

19 notwithstanding section 204 of this title, the Secretary may 

20 make grants or enter into cooperative agreements that in21 clude a substantial match contribution. 

22 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

23 URBAN DEVELOPMENT

24 SEC. 201. Fifty percent of the amounts of budget au25 thority, or in lieu thereof 50 percent of the cash amounts 
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1 associated with such budget authority, that are recaptured 

2 from projects described in section 1012(a) of the Stewart 

3 B. McKinney Homeless Assistance Amendments Act of 1988 

4 (42 U.S.C. 1437 note) shall be rescinded or in the case of 

5 cash, shall be remitted to the Treasury, and such amounts 

6 of budget authority or cash recaptured and not rescinded 

7 or remitted to the Treasury shall be used by State housing 

8 finance agencies or local governments or local housing agen9 cies with projects approved by the Secretary of Housing and 

10 Urban Development for which settlement occurred after 

11 January 1, 1992, in accordance with such section. Notwith12 standing the previous sentence, the Secretary may award 

13 up to 15 percent of the budget authority or cash recaptured 

14 and not rescinded or remitted to the Treasury to provide 

15 project owners with incentives to refinance their project at 

16 a lower interest rate. 

17 SEC. 202. None of the amounts made available under 

18 this Act may be used during fiscal year 2012 to investigate 

19 or prosecute under the Fair Housing Act any otherwise law20 ful activity engaged in by one or more persons, including 

21 the filing or maintaining of a nonfrivolous legal action, 

22 that is engaged in solely for the purpose of achieving or 

23 preventing action by a Government official or entity, or a 

24 court of competent jurisdiction. 
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1 SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of 

2 the AIDS Housing Opportunity Act (42 U.S.C. 

3 12903(c)(1)(A)), from any amounts made available under 

4 this title for fiscal year 2012 that are allocated under such 

5 section, the Secretary of Housing and Urban Development 

6 shall allocate and make a grant, in the amount determined 

7 under subsection (b), for any State that— 

8 (1) received an allocation in a prior fiscal year 

9 under clause (ii) of such section; and 

10 (2) is not otherwise eligible for an allocation for 

11 fiscal year 2012 under such clause (ii) because the 

12 areas in the State outside of the metropolitan statis13 tical areas that qualify under clause (i) in fiscal year 

14 2011 do not have the number of cases of acquired im15 munodeficiency syndrome (AIDS) required under 

16 such clause. 

17 (b) The amount of the allocation and grant for any 

18 State described in subsection (a) shall be an amount based 

19 on the cumulative number of AIDS cases in the areas of 

20 that State that are outside of metropolitan statistical areas 

21 that qualify under clause (i) of such section 854(c)(1)(A) 

22 in fiscal year 2012, in proportion to AIDS cases among 

23 cities and States that qualify under clauses (i) and (ii) of 

24 such section and States deemed eligible under subsection 

25 (a). 
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1 (c) Notwithstanding any other provision of law, the 

2 amount allocated for fiscal year 2012 under section 854(c) 

3 of the AIDS Housing Opportunity Act (42 U.S.C. 

4 12903(c)), to the city of New York, New York, on behalf 

5 of the New York-Wayne-White Plains, New York-New Jersey 

6 Metropolitan Division (hereafter ‘‘metropolitan division’’) 

7 of the New York-Newark-Edison, NY–NJ–PA Metropolitan 

8 Statistical Area, shall be adjusted by the Secretary of Hous9 ing and Urban Development by: 

10 (1) allocating to the city of Jersey City, New 

11 Jersey, the proportion of the metropolitan area’s or 

12 division’s amount that is based on the number of 

13 cases of AIDS reported in the portion of the metro14 politan area or division that is located in Hudson 

15 County, New Jersey, and adjusting for the proportion 

16 of the metropolitan division’s high-incidence bonus if 

17 this area in New Jersey also has a higher than aver18 age per capita incidence of AIDS; and 

19 (2) allocating to the city of Paterson, New Jer20 sey, the proportion of the metropolitan area’s or divi21 sion’s amount that is based on the number of cases of 

22 AIDS reported in the portion of the metropolitan 

23 area or division that is located in Bergen County and 

24 Passaic County, New Jersey, and adjusting for the 

25 proportion of the metropolitan division’s high inci-
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1 dence bonus if this area in New Jersey also has a 

2 higher than average per capita incidence of AIDS. 

3 The recipient cities shall use amounts allocated under 

4 this subsection to carry out eligible activities under 

5 section 855 of the AIDS Housing Opportunity Act 

6 (42 U.S.C. 12904) in their respective portions of the 

7 metropolitan division that is located in New Jersey. 

8 (d) Notwithstanding any other provision of law, the 

9 amount allocated for fiscal year 2012 under section 854(c) 

10 of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) 

11 to areas with a higher than average per capita incidence 

12 of AIDS, shall be adjusted by the Secretary on the basis 

13 of area incidence reported over a 3-year period. 

14 SEC. 204. Except as explicitly provided in law, any 

15 grant, cooperative agreement or other assistance made pur16 suant to title II of this Act shall be made on a competitive 

17 basis and in accordance with section 102 of the Department 

18 of Housing and Urban Development Reform Act of 1989 

19 (42 U.S.C. 3545). 

20 SEC. 205. Funds of the Department of Housing and 

21 Urban Development subject to the Government Corporation 

22 Control Act or section 402 of the Housing Act of 1950 shall 

23 be available, without regard to the limitations on adminis24 trative expenses, for legal services on a contract or fee basis, 

25 and for utilizing and making payment for services and fa-
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1 cilities of the Federal National Mortgage Association, Gov2 ernment National Mortgage Association, Federal Home 

3 Loan Mortgage Corporation, Federal Financing Bank, Fed4 eral Reserve banks or any member thereof, Federal Home 

5 Loan banks, and any insured bank within the meaning of 

6 the Federal Deposit Insurance Corporation Act, as amended 

7 (12 U.S.C. 1811–1). 

8 SEC. 206. Unless otherwise provided for in this Act 

9 or through a reprogramming of funds, no part of any ap10 propriation for the Department of Housing and Urban De11 velopment shall be available for any program, project or 

12 activity in excess of amounts set forth in the budget esti13 mates submitted to Congress. 

14 SEC. 207. Corporations and agencies of the Depart15 ment of Housing and Urban Development which are subject 

16 to the Government Corporation Control Act are hereby au17 thorized to make such expenditures, within the limits of 

18 funds and borrowing authority available to each such cor19 poration or agency and in accordance with law, and to 

20 make such contracts and commitments without regard to 

21 fiscal year limitations as provided by section 104 of such 

22 Act as may be necessary in carrying out the programs set 

23 forth in the budget for 2012 for such corporation or agency 

24 except as hereinafter provided: Provided, That collections 

25 of these corporations and agencies may be used for new loan 
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1 or mortgage purchase commitments only to the extent ex2 pressly provided for in this Act (unless such loans are in 

3 support of other forms of assistance provided for in this or 

4 prior appropriations Acts), except that this proviso shall 

5 not apply to the mortgage insurance or guaranty operations 

6 of these corporations, or where loans or mortgage purchases 

7 are necessary to protect the financial interest of the United 

8 States Government. 

9 SEC. 208. The Secretary of Housing and Urban Devel10 opment shall provide quarterly reports to the House and 

11 Senate Committees on Appropriations regarding all uncom12 mitted, unobligated, recaptured and excess funds in each 

13 program and activity within the jurisdiction of the Depart14 ment and shall submit additional, updated budget informa15 tion to these Committees upon request. 

16 SEC. 209. (a) Notwithstanding any other provision of 

17 law, the amount allocated for fiscal year 2012 under section 

18 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 

19 12903(c)), to the city of Wilmington, Delaware, on behalf 

20 of the Wilmington, Delaware-Maryland-New Jersey Metro21 politan Division (hereafter ‘‘metropolitan division’’), shall 

22 be adjusted by the Secretary of Housing and Urban Devel23 opment by allocating to the State of New Jersey the propor24 tion of the metropolitan division’s amount that is based on 

25 the number of cases of AIDS reported in the portion of the 
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1 metropolitan division that is located in New Jersey, and 

2 adjusting for the proportion of the metropolitan division’s 

3 high incidence bonus if this area in New Jersey also has 

4 a higher than average per capita incidence of AIDS. The 

5 State of New Jersey shall use amounts allocated to the State 

6 under this subsection to carry out eligible activities under 

7 section 855 of the AIDS Housing Opportunity Act (42 

8 U.S.C. 12904) in the portion of the metropolitan division 

9 that is located in New Jersey. 

10 (b) Notwithstanding any other provision of law, the 

11 Secretary of Housing and Urban Development shall allocate 

12 to Wake County, North Carolina, the amounts that other13 wise would be allocated for fiscal year 2012 under section 

14 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 

15 12903(c)) to the city of Raleigh, North Carolina, on behalf 

16 of the Raleigh-Cary North Carolina Metropolitan Statis17 tical Area. Any amounts allocated to Wake County shall 

18 be used to carry out eligible activities under section 855 

19 of such Act (42 U.S.C. 12904) within such metropolitan sta20 tistical area. 

21 (c) Notwithstanding section 854(c) of the AIDS Hous22 ing Opportunity Act (42 U.S.C. 12903(c)), the Secretary 

23 of Housing and Urban Development may adjust the alloca24 tion of the amounts that otherwise would be allocated for 

25 fiscal year 2012 under section 854(c) of such Act, upon the 
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1 written request of an applicant, in conjunction with the 

2 State(s), for a formula allocation on behalf of a metropoli3 tan statistical area, to designate the State or States in 

4 which the metropolitan statistical area is located as the eli5 gible grantee(s) of the allocation. In the case that a metro6 politan statistical area involves more than one State, such 

7 amounts allocated to each State shall be in proportion to 

8 the number of cases of AIDS reported in the portion of the 

9 metropolitan statistical area located in that State. Any 

10 amounts allocated to a State under this section shall be used 

11 to carry out eligible activities within the portion of the met12 ropolitan statistical area located in that State. 

13 SEC. 210. The President’s formal budget request for fis14 cal year 2013, as well as the Department of Housing and 

15 Urban Development’s congressional budget justifications to 

16 be submitted to the Committees on Appropriations of the 

17 House of Representatives and the Senate, shall use the iden18 tical account and sub-account structure provided under this 

19 Act. 

20 SEC. 211. A public housing agency or such other entity 

21 that administers Federal housing assistance for the Housing 

22 Authority of the county of Los Angeles, California, the 

23 States of Alaska, Iowa, and Mississippi shall not be re24 quired to include a resident of public housing or a recipient 

25 of assistance provided under section 8 of the United States 
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1 Housing Act of 1937 on the board of directors or a similar 

2 governing board of such agency or entity as required under 

3 section (2)(b) of such Act. Each public housing agency or 

4 other entity that administers Federal housing assistance 

5 under section 8 for the Housing Authority of the county 

6 of Los Angeles, California and the States of Alaska, Iowa 

7 and Mississippi that chooses not to include a resident of 

8 public housing or a recipient of section 8 assistance on the 

9 board of directors or a similar governing board shall estab10 lish an advisory board of not less than six residents of pub11 lic housing or recipients of section 8 assistance to provide 

12 advice and comment to the public housing agency or other 

13 administering entity on issues related to public housing and 

14 section 8. Such advisory board shall meet not less than 

15 quarterly. 

16 SEC. 212. (a) Notwithstanding any other provision of 

17 law, subject to the conditions listed in subsection (b), for 

18 fiscal years 2012 and 2013, the Secretary of Housing and 

19 Urban Development may authorize the transfer of some or 

20 all project-based assistance, debt and statutorily required 

21 low-income and very low-income use restrictions, associated 

22 with one or more multifamily housing project to another 

23 multifamily housing project or projects. 

24 (b) PHASED TRANSFERS.—Transfers of project-based 

25 assistance under this section may be done in phases to ac-
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1 commodate the financing and other requirements related to 

2 rehabilitating or constructing the project or projects to 

3 which the assistance is transferred, to ensure that such 

4 project or projects meet the standards under section (c). 

5 (c) The transfer authorized in subsection (a) is subject 

6 to the following conditions: 

7 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 

8 (A) For occupied units in the transferring 

9 project: the number of low-income and very low10 income units and the configuration (i.e. bedroom 

11 size) provided by the transferring project shall be 

12 no less than when transferred to the receiving 

13 project or projects and the net dollar amount of 

14 Federal assistance provided by the transferring 

15 project shall remain the same in the receiving 

16 project or projects. 

17 (B) For unoccupied units in the transfer18 ring project: the Secretary may authorize a re19 duction in the number of dwelling units in the 

20 receiving project or projects to allow for a recon21 figuration of bedroom sizes to meet current mar22 ket demands, as determined by the Secretary and 

23 provided there is no increase in the project-based 

24 section 8 budget authority. 
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1 (2) The transferring project shall, as determined 

2 by the Secretary, be either physically obsolete or eco3 nomically nonviable. 

4 (3) The receiving project or projects shall meet or 

5 exceed applicable physical standards established by 

6 the Secretary. 

7 (4) The owner or mortgagor of the transferring 

8 project shall notify and consult with the tenants re9 siding in the transferring project and provide a cer10 tification of approval by all appropriate local govern11 mental officials. 

12 (5) The tenants of the transferring project who 

13 remain eligible for assistance to be provided by the re14 ceiving project or projects shall not be required to va15 cate their units in the transferring project or projects 

16 until new units in the receiving project are available 

17 for occupancy. 

18 (6) The Secretary determines that this transfer is 

19 in the best interest of the tenants. 

20 (7) If either the transferring project or the re21 ceiving project or projects meets the condition speci22 fied in subsection (d)(2)(A), any lien on the receiving 

23 project resulting from additional financing obtained 

24 by the owner shall be subordinate to any FHA-in25 sured mortgage lien transferred to, or placed on, such 
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1 project by the Secretary, except that the Secretary 

2 may waive this requirement upon determination that 

3 such a waiver is necessary to facilitate the financing 

4 of acquisition, construction, and/or rehabilitation of 

5 the receiving project or projects. 

6 (8) If the transferring project meets the require7 ments of subsection (c)(2)(E), the owner or mortgagor 

8 of the receiving project or projects shall execute and 

9 record either a continuation of the existing use agree10 ment or a new use agreement for the project where, 

11 in either case, any use restrictions in such agreement 

12 are of no lesser duration than the existing use restric13 tions. 

14 (d) For purposes of this section— 

15 (1) the terms ‘‘low-income’’ and ‘‘very low-in16 come’’ shall have the meanings provided by the statute 

17 and/or regulations governing the program under 

18 which the project is insured or assisted; 

19 (2) the term ‘‘multifamily housing project’’ 

20 means housing that meets one of the following condi21 tions— 

22 (A) housing that is subject to a mortgage 

23 insured under the National Housing Act; 

24 (B) housing that has project-based assist25 ance attached to the structure including projects 
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1 undergoing mark to market debt restructuring 

2 under the Multifamily Assisted Housing Reform 

3 and Affordability Housing Act; 

4 (C) housing that is assisted under section 

5 202 of the Housing Act of 1959 as amended by 

6 section 801 of the Cranston-Gonzales National 

7 Affordable Housing Act; 

8 (D) housing that is assisted under section 

9 202 of the Housing Act of 1959, as such section 

10 existed before the enactment of the Cranston11 Gonzales National Affordable Housing Act; or 

12 (E) housing or vacant land that is subject 

13 to a use agreement; 

14 (3) the term ‘‘project-based assistance’’ means— 

15 (A) assistance provided under section 8(b) 

16 of the United States Housing Act of 1937; 

17 (B) assistance for housing constructed or 

18 substantially rehabilitated pursuant to assistance 

19 provided under section 8(b)(2) of such Act (as 

20 such section existed immediately before October 

21 1, 1983); 

22 (C) rent supplement payments under sec23 tion 101 of the Housing and Urban Development 

24 Act of 1965; 
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1 (D) interest reduction payments under sec2 tion 236 and/or additional assistance payments 

3 under section 236(f)(2) of the National Housing 

4 Act; 

5 (E) assistance payments made under sec6 tion 202(c)(2) of the Housing Act of 1959; and 

7 (F) assistance payments made under section 

8 811(d)(2) of the Housing Act of 1959; 

9 (4) the term ‘‘receiving project or projects’’ 

10 means the multifamily housing project or projects to 

11 which some or all of the project-based assistance, debt, 

12 and statutorily required use low-income and very 

13 low-income restrictions are to be transferred; 

14 (5) the term ‘‘transferring project’’ means the 

15 multifamily housing project which is transferring 

16 some or all of the project-based assistance, debt and 

17 the statutorily required low-income and very low-in18 come use restrictions to the receiving project or 

19 projects; and 

20 (6) the term ‘‘Secretary’’ means the Secretary of 

21 Housing and Urban Development. 

22 SEC. 213. The funds made available for Native Alas23 kans under the heading ‘‘Native American Housing Block 

24 Grants’’ in title III of this Act shall be allocated to the same 
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1 Native Alaskan housing block grant recipients that received 

2 funds in fiscal year 2005. 

3 SEC. 214. No funds provided under this title may be 

4 used for an audit of the Government National Mortgage As5 sociation that makes applicable requirements under the 

6 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

7 SEC. 215. (a) No assistance shall be provided under 

8 section 8 of the United States Housing Act of 1937 (42 

9 U.S.C. 1437f) to any individual who— 

10 (1) is enrolled as a student at an institution of 

11 higher education (as defined under section 102 of the 

12 Higher Education Act of 1965 (20 U.S.C. 1002)); 

13 (2) is under 24 years of age; 

14 (3) is not a veteran; 

15 (4) is unmarried; 

16 (5) does not have a dependent child; 

17 (6) is not a person with disabilities, as such 

18 term is defined in section 3(b)(3)(E) of the United 

19 States Housing Act of 1937 (42 U.S.C. 

20 1437a(b)(3)(E)) and was not receiving assistance 

21 under such section 8 as of November 30, 2005; and 

22 (7) is not otherwise individually eligible, or has 

23 parents who, individually or jointly, are not eligible, 

24 to receive assistance under section 8 of the United 

25 States Housing Act of 1937 (42 U.S.C. 1437f). 
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1 (b) For purposes of determining the eligibility of a per2 son to receive assistance under section 8 of the United States 

3 Housing Act of 1937 (42 U.S.C. 1437f), any financial as4 sistance (in excess of amounts received for tuition) that an 

5 individual receives under the Higher Education Act of 1965 

6 (20 U.S.C. 1001 et seq.), from private sources, or an institu7 tion of higher education (as defined under the Higher Edu8 cation Act of 1965 (20 U.S.C. 1002)), shall be considered 

9 income to that individual, except for a person over the age 

10 of 23 with dependent children. 

11 SEC. 216. Notwithstanding the limitation in the first 

12 sentence of section 255(g) of the National Housing Act (12 

13 U.S.C. 1715z–g), the Secretary of Housing and Urban De14 velopment may, until September 30, 2012, insure and enter 

15 into commitments to insure mortgages under section 255(g) 

16 of the National Housing Act (12 U.S.C. 1715z–20). 

17 SEC. 217. Notwithstanding any other provision of law, 

18 in fiscal year 2011, in managing and disposing of any mul19 tifamily property that is owned or has a mortgage held by 

20 the Secretary of Housing and Urban Development, and dur21 ing the process of foreclosure on any property with a con22 tract for rental assistance payments under section 8 of the 

23 United States Housing Act of 1937 or other Federal pro24 grams, the Secretary shall maintain any rental assistance 

25 payments under section 8 of the United States Housing Act 
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1 of 1937 and other programs that are attached to any dwell2 ing units in the property. To the extent the Secretary deter3 mines, in consultation with the tenants and the local gov4 ernment, that such a multifamily property owned or held 

5 by the Secretary is not feasible for continued rental assist6 ance payments under such section 8 or other programs, 

7 based on consideration of (1) the costs of rehabilitating and 

8 operating the property and all available Federal, State, and 

9 local resources, including rent adjustments under section 

10 524 of the Multifamily Assisted Housing Reform and Af11 fordability Act of 1997 (‘‘MAHRAA’’) and (2) environ12 mental conditions that cannot be remedied in a cost-effec13 tive fashion, the Secretary may, in consultation with the 

14 tenants of that property, contract for project-based rental 

15 assistance payments with an owner or owners of other exist16 ing housing properties, or provide other rental assistance. 

17 The Secretary shall also take appropriate steps to ensure 

18 that project-based contracts remain in effect prior to fore19 closure, subject to the exercise of contractual abatement rem20 edies to assist relocation of tenants for imminent major 

21 threats to health and safety after written notice to and in22 formed consent of the affected tenants and use of other avail23 able remedies, such as partial abatements or receivership. 

24 After disposition of any multifamily property described 

25 under this section, the contract and allowable rent levels 
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1 on such properties shall be subject to the requirements under 

2 section 524 of MAHRAA. 

3 SEC. 218. During fiscal year 2012, in the provision 

4 of rental assistance under section 8(o) of the United States 

5 Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection 

6 with a program to demonstrate the economy and effective7 ness of providing such assistance for use in assisted living 

8 facilities that is carried out in the counties of the State of 

9 Michigan notwithstanding paragraphs (3) and (18)(B)(iii) 

10 of such section 8(o), a family residing in an assisted living 

11 facility in any such county, on behalf of which a public 

12 housing agency provides assistance pursuant to section 

13 8(o)(18) of such Act, may be required, at the time the family 

14 initially receives such assistance, to pay rent in an amount 

15 exceeding 40 percent of the monthly adjusted income of the 

16 family by such a percentage or amount as the Secretary 

17 of Housing and Urban Development determines to be ap18 propriate. 

19 SEC. 219. The Secretary of Housing and Urban Devel20 opment shall report quarterly to the House of Representa21 tives and Senate Committees on Appropriations on HUD’s 

22 use of all sole-source contracts, including terms of the con23 tracts, cost, and a substantive rationale for using a sole24 source contract. 
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1 SEC. 220. Notwithstanding any other provision of law, 

2 the recipient of a grant under section 202b of the Housing 

3 Act of 1959 (12 U.S.C. 1701q) after December 26, 2000, 

4 in accordance with the unnumbered paragraph at the end 

5 of section 202(b) of such Act, may, at its option, establish 

6 a single-asset nonprofit entity to own the project and may 

7 lend the grant funds to such entity, which may be a private 

8 nonprofit organization described in section 831 of the 

9 American Homeownership and Economic Opportunity Act 

10 of 2000. 

11 SEC. 221. (a) The amounts provided under the sub12 heading ‘‘Program Account’’ under the heading ‘‘Commu13 nity Development Loan Guarantees’’ may be used to guar14 antee, or make commitments to guarantee, notes, or other 

15 obligations issued by any State on behalf of nonentitlement 

16 communities in the State in accordance with the require17 ments of section 108 of the Housing and Community Devel18 opment Act of 1974 in fiscal year 2012 and subsequent 

19 years: Provided, That, any State receiving such a guarantee 

20 or commitment shall distribute all funds subject to such 

21 guarantee to the units of general local government in non22 entitlement areas that received the commitment. 

23 (b) Not later than 60 days after the date of enactment 

24 of this Act, the Secretary of Housing and Urban Develop-
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1 ment shall promulgate regulations governing the adminis2 tration of the funds described under subsection (a). 

3 SEC. 222. Section 24 of the United States Housing Act 

4 of 1937 (42 U.S.C. 1437v) is amended— 

5 (1) in subsection (m)(1), by striking ‘‘fiscal 

6 year’’ and all that follows through the period at the 

7 end and inserting ‘‘fiscal year 2012.’’; and 

8 (2) in subsection (o), by striking ‘‘September’’ 

9 and all that follows through the period at the end and 

10 inserting ‘‘September 30, 2012.’’. 

11 SEC. 223. Public housing agencies that own and oper12 ate 400 or fewer public housing units may elect to be exempt 

13 from any asset management requirement imposed by the 

14 Secretary of Housing and Urban Development in connec15 tion with the operating fund rule: Provided, That an agency 

16 seeking a discontinuance of a reduction of subsidy under 

17 the operating fund formula shall not be exempt from asset 

18 management requirements. 

19 SEC. 224. With respect to the use of amounts provided 

20 in this Act and in future Acts for the operation, capital 

21 improvement and management of public housing as author22 ized by sections 9(d) and 9(e) of the United States Housing 

23 Act of 1937 (42 U.S.C. 1437g(d) and (e)), the Secretary 

24 shall not impose any requirement or guideline relating to 

25 asset management that restricts or limits in any way the 
345 

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1 use of capital funds for central office costs pursuant to sec2 tion 9(g)(1) or 9(g)(2) of the United States Housing Act 

3 of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a pub4 lic housing agency may not use capital funds authorized 

5 under section 9(d) for activities that are eligible under sec6 tion 9(e) for assistance with amounts from the operating 

7 fund in excess of the amounts permitted under section 

8 9(g)(1) or 9(g)(2). 

9 SEC. 225. No official or employee of the Department 

10 of Housing and Urban Development shall be designated as 

11 an allotment holder unless the Office of the Chief Financial 

12 Officer has determined that such allotment holder has im13 plemented an adequate system of funds control and has re14 ceived training in funds control procedures and directives. 

15 The Chief Financial Officer shall ensure that, not later than 

16 90 days after the date of enactment of this Act, a trained 

17 allotment holder shall be designated for each HUD sub18 account under the heading ‘‘Administration, Operations, 

19 and Management’’ as well as each account receiving appro20 priations for ‘‘Program Office Salaries and Expenses’’ 

21 within the Department of Housing and Urban Develop22 ment. 

23 SEC. 226. The Secretary of Housing and Urban Devel24 opment shall report quarterly to the House and Senate 

25 Committees on Appropriations on the status of all section 
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1 8 project-based housing, including the number of all project2 based units by region as well as an analysis of all federally 

3 subsidized housing being refinanced under the Mark-to4 Market program. The Secretary shall in the report identify 

5 all existing units maintained by region as section 8 project6 based units and all project-based units that have opted out 

7 of section 8 or have otherwise been eliminated as section 

8 8 project-based units. The Secretary shall identify in detail 

9 and by project all the efforts made by the Department to 

10 preserve all section 8 project-based housing units and all 

11 the reasons for any units which opted out or otherwise were 

12 lost as section 8 project-based units. Such analysis shall in13 clude a review of the impact of the loss of any subsidized 

14 units in that housing marketplace, such as the impact of 

15 cost and the loss of available subsidized, low-income housing 

16 in areas with scarce housing resources for low-income fami17 lies. 

18 SEC. 227. Payment of attorney fees in program-related 

19 litigation must be paid from individual program office per20 sonnel benefits and compensation funding. The annual 

21 budget submission for program office personnel benefit and 

22 compensation funding must include program-related litiga23 tion costs for attorney fees as a separate line item request. 

24 SEC. 228. The Secretary of the Department of Housing 

25 and Urban Development shall for fiscal year 2012 and sub-
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1 sequent fiscal years, notify the public through the Federal 

2 Register and other means, as determined appropriate, of 

3 the issuance of a notice of the availability of assistance or 

4 notice of funding availability (NOFA) for any program or 

5 discretionary fund administered by the Secretary that is 

6 to be competitively awarded. Notwithstanding any other 

7 provision of law, for fiscal year 2012 and subsequent fiscal 

8 years, the Secretary may make the NOFA available only 

9 on the Internet at the appropriate Government Web site or 

10 through other electronic media, as determined by the Sec11 retary. 

12 SEC. 229. No property identified by the Secretary of 

13 Housing and Urban Development as surplus Federal prop14 erty for use to assist the homeless shall be made available 

15 to any homeless group unless the group is a member in good 

16 standing under any of HUD’s homeless assistance programs 

17 or is in good standing with any other program which re18 ceives funds from any other Federal or State agency or enti19 ty: Provided, That an exception may be made for an entity 

20 not involved with Federal homeless programs to use surplus 

21 Federal property for the homeless only after the Secretary 

22 or another responsible Federal agency has fully and com23 prehensively reviewed all relevant finances of the entity, the 

24 track record of the entity in assisting the homeless, the abil25 ity of the entity to manage the property, including all costs, 
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1 the ability of the entity to administer homeless programs 

2 in a manner that is effective to meet the needs of the home3 less population that is expected to use the property and any 

4 other related issues that demonstrate a commitment to as5 sist the homeless: Provided further, That the Secretary shall 

6 not require the entity to have cash in hand in order to dem7 onstrate financial ability but may rely on the entity’s prior 

8 demonstrated fund-raising ability or commitments for in9 kind donations of goods and services: Provided further, That 

10 the Secretary shall make all such information and its deci11 sion regarding the award of the surplus property available 

12 to the committees of jurisdiction, including a full justifica13 tion of the appropriateness of the use of the property to as14 sist the homeless as well as the appropriateness of the group 

15 seeking to obtain the property to use such property to assist 

16 the homeless: Provided further, That, this section shall 

17 apply to properties in fiscal years 2011 and 2012 made 

18 available as surplus Federal property for use to assist the 

19 homeless. 

20 SEC. 230. The Secretary of the Department of Housing 

21 and Urban Development is authorized to transfer up to 5 

22 percent or $5,000,000, whichever is less, of the funds made 

23 available for salaries and expenses under any account or 

24 any set-aside within any account under this title under the 

25 general heading ‘‘Program Office Salaries and Expenses’’, 
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1 and under the account heading ‘‘Administration, Oper2 ations and Management’’, to any other such account or any 

3 other such set-aside within any such account: Provided, 

4 That no appropriation for salaries and expenses in any 

5 such account or set-aside shall be increased or decreased by 

6 more than 5 percent or $5,000,000, whichever is less, with7 out prior written approval of the House and Senate Com8 mittees on Appropriations. 

9 SEC. 231. The Disaster Housing Assistance Programs, 

10 administered by the Department of Housing and Urban De11 velopment, shall be considered a ‘‘program of the Depart12 ment of Housing and Urban Development’’ under section 

13 904 of the McKinney Act for the purpose of income 

14 verifications and matching. 

15 SEC. 232. Of the amounts made available for salaries 

16 and expenses under all accounts under this title (except for 

17 the Office of Inspector General account), a total of up to 

18 $10,000,000 may be transferred to and merged with 

19 amounts made available in the ‘‘Working Capital Fund’’ 

20 account under this title. 

21 SEC. 233. Title II of division I of Public Law 108– 

22 447 and title III of Public Law 109–115 are each amended 

23 by striking the item related to ‘‘Flexible Subsidy Fund’’. 

24 SEC. 234. The Secretary of Housing and Urban Devel25 opment may increase, pursuant to this section, the number 
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1 of Moving-to-Work agencies authorized under section 204, 

2 title II, of the Departments of Veterans Affairs and Housing 

3 and Urban Development and Independent Agencies Appro4 priations Act, 1996 (Public Law 104–134; 110 Stat. 1321) 

5 by adding to the program up to three Public Housing Agen6 cies that are High Performing Agencies under the Public 

7 Housing Assessment System (PHAS) or the Section Eight 

8 Management Assessment Program (SEMAP). No PHA shall 

9 be granted this designation through this section that admin10 isters in excess of 20,000 aggregate housing vouchers and 

11 public housing units. No PHA granted this designation 

12 through this section shall receive more funding under sec13 tions 8 or 9 of the United States Housing Act of 1937 than 

14 they otherwise would have received absent this designation. 

15 In addition to other reporting requirements, all Moving-to16 Work agencies shall report financial data to the Depart17 ment of Housing and Urban Development as specified by 

18 the Secretary, so that the effect of Moving-to-Work policy 

19 changes can be measured. 

20 SEC. 235. Of the unobligated balances remaining from 

21 funds appropriated under the heading ‘‘Tenant-Based 

22 Rental Assistance’’ under the ‘‘Full-Year Continuing Ap23 propriations Act, 2011’’, $750,000,000 are rescinded from 

24 the $4,000,000,000 which are available on October 1, 2011: 

25 Provided, That such amounts may be derived from reduc-
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1 tions to public housing agencies’ calendar year 2012 alloca2 tions based on the excess amounts of public housing agen3 cies’ net restricted assets accounts, including the net re4 stricted assets of MTW agencies (in accordance with VMS 

5 data in calendar year 2011 that is verifiable and complete), 

6 as determined by the Secretary: Provided further, That in 

7 making such adjustments, the Secretary shall preserve pub8 lic housing authority reserves at no less than one month, 

9 to the extent practicable. 

10 SEC. 236. The United States Housing Act of 1937 (42 

11 U.S.C. 1437) is amended— 

12 (1) in section 3(a)(1) by inserting before the pe13 riod at the end of the second sentence the following: 

14 ‘‘, except in the case of any family with a fixed in15 come, as defined by the Secretary, after the initial re16 view of the family’s income, the public housing agen17 cy or owner shall not be required to conduct a review 

18 of the family’s income for any year for which such 

19 family certifies, in accordance with such requirements 

20 as the Secretary shall establish, that 90 percent or 

21 more of the income of the family consists of fixed in22 come, and that the sources of such income have not 

23 changed since the previous year, except that the public 

24 housing agency or owner shall conduct a review of 
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1 each such family’s income not less than once every 3 

2 years’’; 

3 (2) in section 3(b)(2) by inserting after the sec4 ond sentence the following new sentence: ‘‘The term 

5 ‘extremely low-income families’ means very low-in6 come families whose incomes do not exceed the higher 

7 of (A) the poverty guidelines updated periodically by 

8 the Department of Health and Human Services under 

9 the authority of section 673(2) of the Community 

10 Services Block Grant Act (42 U.S.C. 9902(2)), appli11 cable to a family of the size involved; or (B) 30 per12 cent of the median family income for the area, as de13 termined by the Secretary, with adjustments for 

14 smaller and larger families, except that the Secretary 

15 may establish income ceilings higher or lower than 30 

16 percent of the median for the area on the basis of the 

17 Secretary’s findings that such variations are nec18 essary because of unusually high or low family in19 comes, and except that clause (A) of this sentence 

20 shall not apply in the case of public housing agencies 

21 located in Puerto Rico or any other territory or pos22 session of the United States.’’; 

23 (3) in paragraph (2) of section 3(b) by adding 

24 at the end the following new sentence: ‘‘The Secretary 

25 shall periodically, but not less than annually, deter-
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1 mine or establish area median incomes and income 

2 ceilings and limits in accordance with this para3 graph’’; 

4 (4) in section 3(b)(5)(A)— 

5 (A) in clause (i) by striking ‘‘$400’’ and in6 serting in lieu thereof ‘‘$675’’; and 

7 (B) in clause (ii), in the matter preceding 

8 subclause (I), by striking ‘‘3 percent’’ and insert9 ing in lieu thereof ‘‘10 percent’’; 

10 (5) in paragraph (1) of section 8(c)— 

11 (A) by inserting ‘‘(A)’’ after the paragraph 

12 designation; 

13 (B) by striking the fourth, fifth, seventh, 

14 eighth, ninth, and tenth sentences; and 

15 (C) by adding at the end the following: 

16 ‘‘(B) Fair market rentals for an area shall 

17 be published not less than annually by the Sec18 retary on the Department’s Web site and in any 

19 other manner specified by the Secretary. The 

20 Secretary shall publish notice of the publication 

21 of such fair market rentals in the Federal Reg22 ister, and such fair market rentals shall become 

23 effective no earlier than 30 days after the date of 

24 such publication. The Secretary shall establish a 

25 procedure for public housing agencies and other 
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1 interested parties to comment on such fair mar2 ket rentals and to request, within a time speci3 fied by the Secretary, reevaluation of the fair 

4 market rental in a jurisdiction. The Secretary 

5 shall publish for comment in the Federal Reg6 ister notices of proposed material changes in the 

7 methodology for estimating fair market rentals 

8 and notices specifying the final decisions regard9 ing such proposed substantial methodological 

10 changes and responses to public comments.’’; 

11 (6) in subparagraph (B) of section 8(o)(1) by in12 serting before the period at the end the following: ‘‘, 

13 except that no public housing agency shall be required 

14 as a result of a reduction in the fair market rental 

15 to reduce the payment standard applied to a family 

16 continuing to reside in a unit for which the family 

17 was receiving assistance under this section at the time 

18 the fair market rental was reduced. The Secretary 

19 shall allow public housing agencies to request excep20 tion payment standards within fair market rental 

21 areas subject to criteria and procedures established by 

22 the Secretary’’; 

23 (7) in subparagraph (D) of section 8(o)(1) by in24 serting before the period at the end the following: ‘‘ex25 cept that a public housing agency may establish a 
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1 payment standard of not more than 120 percent of 

2 the fair market rent, where necessary, as a reasonable 

3 accommodation for a person with a disability, with4 out approval of the Secretary. A public housing agen5 cy may seek approval of the Secretary to use a pay6 ment standard greater than 120 percent of the fair 

7 market rent as a reasonable accommodation for a dis8 abled family or other family with a person with a 

9 disability. In connection with the use of any in10 creased payment standard established or approved 

11 pursuant to either of the preceding two sentences as 

12 a reasonable accommodation for a person with a dis13 ability, the Secretary may not establish additional re14 quirements regarding the amount of adjusted income 

15 paid by such person for rent’’; 

16 (8) in section 16(a)(2)(A) by striking ‘‘families 

17 whose incomes’’ and all that follows through ‘‘low 

18 family incomes’’ and inserting in lieu thereof ‘‘ex19 tremely low-income families’’; 

20 (9) in section 16(b)(1) by striking ‘‘families 

21 whose incomes’’ and all that follows through ‘‘low 

22 family incomes’’ and inserting in lieu thereof ‘‘ex23 tremely low-income families’’; and 

24 (10) in section 16(c)(3) by striking ‘‘families 

25 whose incomes’’ and all that follows through ‘‘low 
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1 family incomes’’ and inserting in lieu thereof ‘‘ex2 tremely low-income families’’. 

3 SEC. 237. Section 579 of the Multifamily Assisted 

4 Housing Reform and Affordability Act of 1997 (42 U.S.C. 

5 1437f) is amended by striking ‘‘October 1, 2011’’ each place 

6 it appears and inserting in lieu thereof ‘‘October 1, 2015’’. 

7 HOUSING LOAN LIMIT EXTENSIONS

8 SEC. 238. (a) FEDERAL HOUSING ADMINISTRATION.— 

9 Notwithstanding any other provision of law, for mortgages 

10 for which a Federal Housing Administration case number 

11 has been assigned during the period beginning on the date 

12 of enactment of this Act and ending on December 31, 2013, 

13 the dollar amount limitation on the principal obligation 

14 for purposes of section 203 of the National Housing Act (12 

15 U.S.C. 1709) shall be considered to be, except for purposes 

16 of section 255(g) of such Act (12 U.S.C. 1715z–20(g)), the 

17 greater of— 

18 (1) the dollar amount limitation on the prin19 cipal obligation of a mortgage determined under sec20 tion 203(b)(2) of the National Housing Act (12 

21 U.S.C. 1709(b)(2)); or 

22 (2) the dollar amount limitation that was pre23 scribed for such size residence for such area for 2008 

24 pursuant to section 202 of the Economic Stimulus Act 

25 of 2008 (Public Law 110–185; 122 Stat. 620). 
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1 (b) FANNIE MAE AND FREDDIE MAC LOAN LIMIT EX2 TENSION.— 

3 (1) IN GENERAL.—Notwithstanding any other 

4 provision of law, for mortgage loans originated dur5 ing the period beginning on the date of enactment of 

6 this Act and ending on December 31, 2013, the limi7 tation on the maximum original principal obligation 

8 of a mortgage that may be purchased by the Federal 

9 National Mortgage Association or the Federal Home 

10 Loan Mortgage Corporation shall be the greater of— 

11 (A) the limitation in effect at the time of 

12 the purchase of the mortgage loan, as determined 

13 pursuant to section 302(b)(2) of the Federal Na14 tional Mortgage Association Charter Act (12 

15 U.S.C. 1717(b)(2)) or section 305(a)(2) of the 

16 Federal Home Loan Mortgage Corporation Act 

17 (12 U.S.C. 1454(a)(2)), respectively; or 

18 (B) the limitation that was prescribed for 

19 loans originated during the period beginning on 

20 July 1, 2007 and ending on December 31, 2008, 

21 pursuant to section 201 of the Economic Stim22 ulus Act of 2008 (Public Law 110–185, 122 Stat. 

23 619). 

24 (2) PREMIUM LOAN FEE.— 
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1 (A) IN GENERAL.—Notwithstanding any 

2 other provision of law, the Federal Housing Fi3 nance Agency shall, by rule or order, impose a 

4 premium loan fee to be charged by the Federal 

5 National Mortgage Association and the Federal 

6 Home Loan Mortgage Corporation with respect 

7 to mortgage loans made eligible for purchase by 

8 the Federal National Mortgage Association and 

9 the Federal Home Loan Mortgage Corporation 

10 by a higher limitation provided under para11 graph (1)(B), annually during the life of the 

12 loan, of 15 basis points of the unpaid principal 

13 balance of the mortgage, to achieve an estimated 

14 $300,000,000 from the revenue raised from such 

15 fees. 

16 (B) PREMIUM LOAN FEE STRUCTURE.—The 

17 premium loan fee is independent of any guar18 antee fees, upfront or ongoing, charged to the 

19 borrower, and the premium loan fee shall not be 

20 affected by changes in guarantee fees. 

21 (3) USE OF FEES.— 

22 (A) IN GENERAL.—The fees imposed under 

23 paragraph (2) by the Federal Housing Finance 

24 Agency shall be deposited in the fund established 

25 under subparagraph (C), and shall be used to 
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1 pay for costs associated with maintaining loan 

2 limits established under this section. 

3 (B) SUBJECT TO APPROPRIATIONS.— 

4 Amounts in the fund established under subpara5 graph (C) shall be available only to the extent 

6 provided in a subsequent appropriations Act. 

7 (C) FUND.—There is established in the 

8 United States Treasury a fund, for the deposit of 

9 fees imposed under paragraph (2), to be used to 

10 pay for costs associated with maintaining loan 

11 limits established under this section. 

12 (4) FHFA REPORT ON FEES.—The Federal 

13 Housing Finance Agency shall include in each an14 nual report required by section 1601 of the Housing 

15 and Economic Recovery Act of 2008 related to the pe16 riod described in paragraph (2)(B) a section that 

17 provides the basis for and an analysis of the premium 

18 loan fee charged in each year covered by the report. 

19 (c) DEPARTMENT OF VETERANS AFFAIRS LOAN LIMIT

20 EXTENSION.—Section 501 of the Veterans’ Benefits Im21 provement Act of 2008 (Public Law 110–389; 122 Stat. 

22 4175; 38 U.S.C. 3703 note) is amended, in the matter before 

23 paragraph (1), by striking ‘‘December 31, 2011’’ and insert24 ing ‘‘December 31, 2013’’. 
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1 TITLE III 

2 RELATED AGENCIES 

3 ACCESS BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary for the Access Board, as author6 ized by section 502 of the Rehabilitation Act of 1973, as 

7 amended, $7,400,000: Provided, That, notwithstanding any 

8 other provision of law, there may be credited to this appro9 priation funds received for publications and training ex10 penses. 

11 FEDERAL MARITIME COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Maritime Com14 mission as authorized by section 201(d) of the Merchant 

15 Marine Act, 1936, as amended (46 U.S.C. App. 1111), in16 cluding services as authorized by 5 U.S.C. 3109; hire of pas17 senger motor vehicles as authorized by 31 U.S.C. 1343(b); 

18 and uniforms or allowances therefore, as authorized by 5 

19 U.S.C. 5901–5902, $24,100,000. 

20 NATIONAL RAILROAD PASSENGER CORPORATION OFFICE

21 OF INSPECTOR GENERAL

22 OFFICE OF INSPECTOR GENERAL

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of Inspector Gen25 eral for the National Railroad Passenger Corporation to 
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1 carry out the provisions of the Inspector General Act of 

2 1978, as amended, $19,311,000: Provided, That the Inspec3 tor General shall have all necessary authority, in carrying 

4 out the duties specified in the Inspector General Act, as 

5 amended (5 U.S.C. App. 3), to investigate allegations of 

6 fraud, including false statements to the government (18 

7 U.S.C. 1001), by any person or entity that is subject to 

8 regulation by the National Railroad Passenger Corpora9 tion: Provided further, That the Inspector General may 

10 enter into contracts and other arrangements for audits, 

11 studies, analyses, and other services with public agencies 

12 and with private persons, subject to the applicable laws and 

13 regulations that govern the obtaining of such services within 

14 the National Railroad Passenger Corporation: Provided 

15 further, That the Inspector General may select, appoint, 

16 and employ such officers and employees as may be nec17 essary for carrying out the functions, powers, and duties 

18 of the Office of Inspector General, subject to the applicable 

19 laws and regulations that govern such selections, appoint20 ments, and employment within Amtrak: Provided further, 

21 That concurrent with the President’s budget request for fis22 cal year 2013, the Inspector General shall submit to the 

23 House and Senate Committees on Appropriations a budget 

24 request for fiscal year 2013 in similar format and substance 
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1 to those submitted by executive agencies of the Federal Gov2 ernment. 

3 NATIONAL TRANSPORTATION SAFETY BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the National Transportation 

6 Safety Board, including hire of passenger motor vehicles 

7 and aircraft; services as authorized by 5 U.S.C. 3109, but 

8 at rates for individuals not to exceed the per diem rate 

9 equivalent to the rate for a GS–15; uniforms, or allowances 

10 therefor, as authorized by law (5 U.S.C. 5901–5902), 

11 $99,275,000, of which not to exceed $2,000 may be used for 

12 official reception and representation expenses. The amounts 

13 made available to the National Transportation Safety 

14 Board in this Act include amounts necessary to make lease 

15 payments on an obligation incurred in fiscal year 2001 for 

16 a capital lease. 

17 NEIGHBORHOOD REINVESTMENT CORPORATION

18 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

19 CORPORATION

20 For payment to the Neighborhood Reinvestment Cor21 poration for use in neighborhood reinvestment activities, as 

22 authorized by the Neighborhood Reinvestment Corporation 

23 Act (42 U.S.C. 8101–8107), $135,000,000, of which 

24 $5,000,000 shall be for a multi-family rental housing pro25 gram: Provided, That in addition, $65,000,000 shall be 
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1 made available until expended to the Neighborhood Rein2 vestment Corporation for mortgage foreclosure mitigation 

3 activities, under the following terms and conditions: 

4 (1) The Neighborhood Reinvestment Corporation 

5 (‘‘NRC’’) shall make grants to counseling inter6 mediaries approved by the Department of Housing 

7 and Urban Development (HUD) (with match to be 

8 determined by the NRC based on affordability and the 

9 economic conditions of an area; a match also may be 

10 waived by the NRC based on the aforementioned con11 ditions) to provide mortgage foreclosure mitigation 

12 assistance primarily to States and areas with high 

13 rates of defaults and foreclosures to help eliminate the 

14 default and foreclosure of mortgages of owner-occupied 

15 single-family homes that are at risk of such fore16 closure. Other than areas with high rates of defaults 

17 and foreclosures, grants may also be provided to ap18 proved counseling intermediaries based on a geo19 graphic analysis of the Nation by the NRC which de20 termines where there is a prevalence of mortgages that 

21 are risky and likely to fail, including any trends for 

22 mortgages that are likely to default and face fore23 closure. A State Housing Finance Agency may also be 

24 eligible where the State Housing Finance Agency 

25 meets all the requirements under this paragraph. A 
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1 HUD-approved counseling intermediary shall meet 

2 certain mortgage foreclosure mitigation assistance 

3 counseling requirements, as determined by the NRC, 

4 and shall be approved by HUD or the NRC as meet5 ing these requirements. 

6 (2) Mortgage foreclosure mitigation assistance 

7 shall only be made available to homeowners of owner8 occupied homes with mortgages in default or in dan9 ger of default. These mortgages shall likely be subject 

10 to a foreclosure action and homeowners will be pro11 vided such assistance that shall consist of activities 

12 that are likely to prevent foreclosures and result in 

13 the long-term affordability of the mortgage retained 

14 pursuant to such activity or another positive outcome 

15 for the homeowner. No funds made available under 

16 this paragraph may be provided directly to lenders or 

17 homeowners to discharge outstanding mortgage bal18 ances or for any other direct debt reduction payments. 

19 (3) The use of Mortgage Foreclosure Mitigation 

20 Assistance by approved counseling intermediaries and 

21 State Housing Finance Agencies shall involve a rea22 sonable analysis of the borrower’s financial situation, 

23 an evaluation of the current value of the property 

24 that is subject to the mortgage, counseling regarding 

25 the assumption of the mortgage by another non-Fed-
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1 eral party, counseling regarding the possible purchase 

2 of the mortgage by a non-Federal third party, coun3 seling and advice of all likely restructuring and refi4 nancing strategies or the approval of a work-out 

5 strategy by all interested parties. 

6 (4) NRC may provide up to 15 percent of the 

7 total funds under this paragraph to its own charter 

8 members with expertise in foreclosure prevention 

9 counseling, subject to a certification by the NRC that 

10 the procedures for selection do not consist of any pro11 cedures or activities that could be construed as an un12 acceptable conflict of interest or have the appearance 

13 of impropriety. 

14 (5) HUD-approved counseling entities and State 

15 Housing Finance Agencies receiving funds under this 

16 paragraph shall have demonstrated experience in suc17 cessfully working with financial institutions as well 

18 as borrowers facing default, delinquency and fore19 closure as well as documented counseling capacity, 

20 outreach capacity, past successful performance and 

21 positive outcomes with documented counseling plans 

22 (including post mortgage foreclosure mitigation coun23 seling), loan workout agreements and loan modifica24 tion agreements. NRC may use other criteria to dem25 onstrate capacity in underserved areas. 
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1 (6) Of the total amount made available under 

2 this paragraph, up to $3,000,000 may be made avail3 able to build the mortgage foreclosure and default 

4 mitigation counseling capacity of counseling inter5 mediaries through NRC training courses with HUD6 approved counseling intermediaries and their part7 ners, except that private financial institutions that 

8 participate in NRC training shall pay market rates 

9 for such training. 

10 (7) Of the total amount made available under 

11 this paragraph, up to 4 percent may be used for asso12 ciated administrative expenses for the NRC to carry 

13 out activities provided under this section. 

14 (8) Mortgage foreclosure mitigation assistance 

15 grants may include a budget for outreach and adver16 tising, and training, as determined by the NRC. 

17 (9) The NRC shall continue to report bi-annu18 ally to the House and Senate Committees on Appro19 priations as well as the Senate Banking Committee 

20 and House Financial Services Committee on its ef21 forts to mitigate mortgage default. 
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1 UNITED STATES INTERAGENCY COUNCIL ON

2 HOMELESSNESS

3 OPERATING EXPENSES

4 For necessary expenses (including payment of salaries, 

5 authorized travel, hire of passenger motor vehicles, the rent6 al of conference rooms, and the employment of experts and 

7 consultants under section 3109 of title 5, United States 

8 Code) of the United States Interagency Council on Home9 lessness in carrying out the functions pursuant to title II 

10 of the McKinney-Vento Homeless Assistance Act, as amend11 ed, $3,640,000. 

12 TITLE IV 

13 GENERAL PROVISIONS—THIS ACT 

14 SEC. 401. Such sums as may be necessary for fiscal 

15 year 2012 pay raises for programs funded in this Act shall 

16 be absorbed within the levels appropriated in this Act or 

17 previous appropriations Acts. 

18 SEC. 402. None of the funds in this Act shall be used 

19 for the planning or execution of any program to pay the 

20 expenses of, or otherwise compensate, non-Federal parties 

21 intervening in regulatory or adjudicatory proceedings fund22 ed in this Act. 

23 SEC. 403. None of the funds appropriated in this Act 

24 shall remain available for obligation beyond the current fis-
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1 cal year, nor may any be transferred to other appropria2 tions, unless expressly so provided herein. 

3 SEC. 404. The expenditure of any appropriation under 

4 this Act for any consulting service through procurement 

5 contract pursuant to section 3109 of title 5, United States 

6 Code, shall be limited to those contracts where such expendi7 tures are a matter of public record and available for public 

8 inspection, except where otherwise provided under existing 

9 law, or under existing Executive order issued pursuant to 

10 existing law. 

11 SEC. 405. Except as otherwise provided in this Act, 

12 none of the funds provided in this Act, provided by previous 

13 appropriations Acts to the agencies or entities funded in 

14 this Act that remain available for obligation or expenditure 

15 in fiscal year 2012, or provided from any accounts in the 

16 Treasury derived by the collection of fees and available to 

17 the agencies funded by this Act, shall be available for obliga18 tion or expenditure through a reprogramming of funds that: 

19 (1) creates a new program; 

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

21 (3) increases funds or personnel for any pro22 gram, project, or activity for which funds have been 

23 denied or restricted by the Congress; 
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1 (4) proposes to use funds directed for a specific 

2 activity by either the House or Senate Committees on 

3 Appropriations for a different purpose; 

4 (5) augments existing programs, projects, or ac5 tivities in excess of $5,000,000 or 10 percent, which6 ever is less; 

7 (6) reduces existing programs, projects, or activi8 ties by $5,000,000 or 10 percent, whichever is less; or 

9 (7) creates, reorganizes, or restructures a branch, 

10 division, office, bureau, board, commission, agency, 

11 administration, or department different from the 

12 budget justifications submitted to the Committees on 

13 Appropriations or the table accompanying the explan14 atory statement accompanying this Act, whichever is 

15 more detailed, unless prior approval is received from 

16 the House and Senate Committees on Appropriations: 

17 Provided, That not later than 60 days after the date 

18 of enactment of this Act, each agency funded by this 

19 Act shall submit a report to the Committees on Ap20 propriations of the Senate and of the House of Rep21 resentatives to establish the baseline for application of 

22 reprogramming and transfer authorities for the cur23 rent fiscal year: Provided further, That the report 

24 shall include: 
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1 (A) a table for each appropriation with a 

2 separate column to display the President’s budg3 et request, adjustments made by Congress, ad4 justments due to enacted rescissions, if appro5 priate, and the fiscal year enacted level; 

6 (B) a delineation in the table for each ap7 propriation both by object class and program, 

8 project, and activity as detailed in the budget 

9 appendix for the respective appropriation; and 

10 (C) an identification of items of special con11 gressional interest: Provided further, That the 

12 amount appropriated or limited for salaries and 

13 expenses for an agency shall be reduced by 

14 $100,000 per day for each day after the required 

15 date that the report has not been submitted to the 

16 Congress. 

17 SEC. 406. Except as otherwise specifically provided by 

18 law, not to exceed 50 percent of unobligated balances re19 maining available at the end of fiscal year 2012 from ap20 propriations made available for salaries and expenses for 

21 fiscal year 2012 in this Act, shall remain available through 

22 September 30, 2013, for each such account for the purposes 

23 authorized: Provided, That a request shall be submitted to 

24 the House and Senate Committees on Appropriations for 

25 approval prior to the expenditure of such funds: Provided 
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1 further, That these requests shall be made in compliance 

2 with reprogramming guidelines under section 405 of this 

3 Act. 

4 SEC. 407. All Federal agencies and departments that 

5 are funded under this Act shall issue a report to the House 

6 and Senate Committees on Appropriations on all sole7 source contracts by no later than July 30, 2012. Such report 

8 shall include the contractor, the amount of the contract and 

9 the rationale for using a sole-source contract. 

10 SEC. 408. (a) None of the funds made available in this 

11 Act may be obligated or expended for any employee training 

12 that— 

13 (1) does not meet identified needs for knowledge, 

14 skills, and abilities bearing directly upon the perform15 ance of official duties; 

16 (2) contains elements likely to induce high levels 

17 of emotional response or psychological stress in some 

18 participants; 

19 (3) does not require prior employee notification 

20 of the content and methods to be used in the training 

21 and written end of course evaluation; 

22 (4) contains any methods or content associated 

23 with religious or quasi-religious belief systems or 

24 ‘‘new age’’ belief systems as defined in Equal Employ-
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1 ment Opportunity Commission Notice N–915.022, 

2 dated September 2, 1988; or 

3 (5) is offensive to, or designed to change, partici4 pants’ personal values or lifestyle outside the work5 place. 

6 (b) Nothing in this section shall prohibit, restrict, or 

7 otherwise preclude an agency from conducting training 

8 bearing directly upon the performance of official duties. 

9 SEC. 409. No funds in this Act may be used to support 

10 any Federal, State, or local projects that seek to use the 

11 power of eminent domain, unless eminent domain is em12 ployed only for a public use: Provided, That for purposes 

13 of this section, public use shall not be construed to include 

14 economic development that primarily benefits private enti15 ties: Provided further, That any use of funds for mass tran16 sit, railroad, airport, seaport or highway projects as well 

17 as utility projects which benefit or serve the general public 

18 (including energy-related, communication-related, water-re19 lated and wastewater-related infrastructure), other struc20 tures designated for use by the general public or which have 

21 other common-carrier or public-utility functions that serve 

22 the general public and are subject to regulation and over23 sight by the government, and projects for the removal of an 

24 immediate threat to public health and safety or brownsfield 

25 as defined in the Small Business Liability Relief and 
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1 Brownsfield Revitalization Act (Public Law 107–118) shall 

2 be considered a public use for purposes of eminent domain. 

3 SEC. 410. None of the funds made available in this 

4 Act may be transferred to any department, agency, or in5 strumentality of the United States Government, except pur6 suant to a transfer made by, or transfer authority provided 

7 in, this Act or any other appropriations Act. 

8 SEC. 411. No part of any appropriation contained in 

9 this Act shall be available to pay the salary for any person 

10 filling a position, other than a temporary position, formerly 

11 held by an employee who has left to enter the Armed Forces 

12 of the United States and has satisfactorily completed his 

13 period of active military or naval service, and has within 

14 90 days after his release from such service or from hos15 pitalization continuing after discharge for a period of not 

16 more than 1 year, made application for restoration to his 

17 former position and has been certified by the Office of Per18 sonnel Management as still qualified to perform the duties 

19 of his former position and has not been restored thereto. 

20 SEC. 412. No funds appropriated pursuant to this Act 

21 may be expended by an entity unless the entity agrees that 

22 in expending the assistance the entity will comply with sec23 tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 

24 10a–10c, popularly known as the ‘‘Buy American Act’’). 
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1 SEC. 413. No funds appropriated or otherwise made 

2 available under this Act shall be made available to any per3 son or entity that has been convicted of violating the Buy 

4 American Act (41 U.S.C. 10a–10c). 

5 SEC. 414. None of the funds made available in this 

6 Act may be used for first-class airline accommodations in 

7 contravention of sections 301–10.122 and 301–10.123 of 

8 title 41, Code of Federal Regulations. 

9 SEC. 415. None of the funds made available in this 

10 Act may be used to purchase a light bulb for an office build11 ing unless the light bulb has, to the extent practicable, an 

12 Energy Star or Federal Energy Management Program des13 ignation. 

14 SEC. 416. None of the funds made available in this 

15 Act may be used to establish, issue, implement, administer, 

16 or enforce any prohibition or restriction on the establish17 ment or effectiveness of any occupancy preference for vet18 erans in supportive housing for the elderly that: 

19 (1) is provided assistance by the Department of 

20 Housing and Urban Development; and 

21 (2) is or would be located on property of the De22 partment of Veterans Affairs; or 

23 (3) is subject to an enhanced use lease with the 

24 Department of Veterans Affairs. 
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1 SEC. 417. None of the funds made available under this 

2 Act or any prior Act may be provided to the Association 

3 of Community Organizations for Reform Now (ACORN), 

4 or any of its affiliates, subsidiaries, or allied organizations. 

5 SEC. 418. Concurrent with the issuance of any notice 

6 of funding availability or any other notice designed to so7 licit applications for a program through which grants or 

8 credit assistance are awarded through a competitive proc9 ess, the Secretary of Transportation and the Secretary of 

10 Housing and Urban Development shall post on their Web 

11 sites information about such program, including, but not 

12 limited to, the goals of the program, the criteria that will 

13 be used in awarding grants or credit assistance, and the 

14 process by which applications will be selected for the award 

15 of a grant or credit assistance: Provided, That concurrent 

16 with the public announcement of grants or credit assistance 

17 to be awarded through such competitive program, the Sec18 retary of Transportation and the Secretary of Housing and 

19 Urban Development shall post on their Web sites informa20 tion on each applicant to be awarded a grant or credit as21 sistance, including, but not limited to, the name and ad22 dress of the applicant, the amount of the grant or credit 

23 assistance to be awarded, the amount of financing expected 

24 from other sources, and an explanation of how such award 

25 is consistent with program goals. 
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1 SEC. 419. Notwithstanding section 701, none of the 

2 funds made available by this Act may be used to purchase 

3 new passenger motor vehicles, except for national security, 

4 law enforcement needs, public transit, safety, and research: 

5 Provided further, all agencies and departments funded by 

6 divisions A, B, and C of this Act shall send to Congress 

7 at the end of the Fiscal Year a report containing a complete 

8 inventory of the total number of vehicles owned, perma9 nently retired, and purchased during Fiscal Year 2012 as 

10 well as the total cost of the vehicle fleet, including mainte11 nance, fuel, storage, purchasing, and leasing. 

12 SEC. 420 . A person or entity that receives a Federal 

13 loan using amounts made available under division A, divi14 sion B, or division C of this Act may not repay the loan 

15 using a Federal grant or other award funded with amounts 

16 made available under division A, division B, or division 

17 C of this Act: Provided further, a grant or other award 

18 funded with amounts made available under division A, di19 vision B, or division C of this Act may not be used to repay 

20 a Federal loan. 

21 This Act may be cited as the ‘‘Transportation, Hous22 ing and Urban Development, and Related Agencies Appro23 priations Act, 2012’’. 

Amend the title so as to read: ‘‘An Act making consolidated appropriations for the Departments of Agriculture, Commerce, Justice, Transportation, and Housing 
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and Urban Development, and related programs for the 

fiscal year ending September 30, 2012, and for other 

purposes.’’. 

Attest: 

Secretary. 
112TH CONGRESS 

1ST SESSION H.R. 2112 

AMENDMENTS