I 

112TH CONGRESS 

1ST SESSION H. R. 2112 

Making appropriations for Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies programs for the fiscal year ending 

September 30, 2012, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 1, 2011 

Ordered to be printed with the amendments of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for Ag5 riculture, Rural Development, Food and Drug Administra6 tion, and Related Agencies programs for the fiscal year 

7 ending September 30, 2012, and for other purposes, 

8 namely: 


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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, $4,293,000 (increased by $136,070,000) 

7 (reduced by $136,070,000): Provided, That not to exceed 

8 $11,000 of this amount shall be available for official recep9 tion and representation expenses, not otherwise provided 

10 for, as determined by the Secretary. 

11 OFFICE OF TRIBAL RELATIONS

12 For necessary expenses of the Office of Tribal Rela13 tions, $423,000 to support communication and consulta14 tion activities with Federally Recognized Tribes, as well 

15 as other requirements established by law. 

16 EXECUTIVE OPERATIONS

17 OFFICE OF THE CHIEF ECONOMIST

18 For necessary expenses of the Office of the Chief 

19 Economist, $10,707,000. 

20 NATIONAL APPEALS DIVISION

21 For necessary expenses of the National Appeals Divi22 sion, $12,091,000. 

23 OFFICE OF BUDGET AND PROGRAM ANALYSIS

24 For necessary expenses of the Office of Budget and 

25 Program Analysis, $8,004,000. 


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1 OFFICE OF HOMELAND SECURITY

2 For necessary expenses of the Office of Homeland Se3 curity, $1,272,000. 

4 OFFICE OF ADVOCACY AND OUTREACH

5 For necessary expenses of the Office of Advocacy and 

6 Outreach, $1,209,000. 

7 OFFICE OF THE CHIEF INFORMATION OFFICER

8 For necessary expenses of the Office of the Chief In9 formation Officer, $35,000,000 (reduced by $1,000,000). 

10 OFFICE OF THE CHIEF FINANCIAL OFFICER

11 For necessary expenses of the Office of the Chief Fi12 nancial Officer, $5,310,000. 

13 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

14 RIGHTS

15 For necessary expenses of the Office of the Assistant 

16 Secretary for Civil Rights, $760,000. 

17 OFFICE OF CIVIL RIGHTS

18 For necessary expenses of the Office of Civil Rights, 

19 $19,288,000. 

20 OFFICE OF THE ASSISTANT SECRETARY FOR

21 ADMINISTRATION

22 For necessary expenses of the Office of the Assistant 

23 Secretary for Administration, $683,000. 


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1 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

2 PAYMENTS

3 (INCLUDING TRANSFERS OF FUNDS)

4 For payment of space rental and related costs pursu5 ant to Public Law 92–313, including authorities pursuant 

6 to the 1984 delegation of authority from the Adminis7 trator of General Services to the Department of Agri8 culture under 40 U.S.C. 121, for programs and activities 

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

10 alterations and other actions needed for the Department 

11 and its agencies to consolidate unneeded space into con12 figurations suitable for release to the Administrator of 

13 General Services, and for the operation, maintenance, im14 provement, and repair of Agriculture buildings and facili15 ties, and for related costs, $209,505,000 (reduced by 

16 $342,000), to remain available until expended; of which 

17 $151,396,000 shall be available for payments to the Gen18 eral Services Administration for rent; of which 

19 $11,452,000 shall be available for payment to the Depart20 ment of Homeland Security for building security activities; 

21 and of which $46,657,000 (reduced by $342,000) shall be 

22 available for buildings operations and maintenance ex23 penses: Provided, That the Secretary may use unobligated 

24 balances from prior years to cover shortfalls incurred in 

25 prior year rental payments: Provided further, That the 


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1 Secretary is authorized to transfer funds from a Depart2 mental agency to this account to recover the full cost of 

3 the space and security expenses of that agency that are 

4 funded by this account when the actual costs exceed the 

5 agency estimate which will be available for the activities 

6 and payments described herein. 

7 HAZARDOUS MATERIALS MANAGEMENT

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses of the Department of Agri10 culture, to comply with the Comprehensive Environmental 

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

12 9601 et seq.) and the Resource Conservation and Recovery 

13 Act (42 U.S.C. 6901 et seq.), $3,393,000, to remain avail14 able until expended: Provided, That appropriations and 

15 funds available herein to the Department for Hazardous 

16 Materials Management may be transferred to any agency 

17 of the Department for its use in meeting all requirements 

18 pursuant to the above Acts on Federal and non–Federal 

19 lands. 

20 DEPARTMENTAL ADMINISTRATION

21 (INCLUDING TRANSFERS OF FUNDS)

22 For Departmental Administration, $23,900,000 (re23 duced by $5,000,000) (reduced by $2,390,000), to provide 

24 for necessary expenses for management support services 

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1 tion and other miscellaneous supplies and expenses not 

2 otherwise provided for and necessary for the practical and 

3 efficient work of the Department: Provided, That this ap4 propriation shall be reimbursed from applicable appropria5 tions in this Act for travel expenses incident to the holding 

6 of hearings as required by 5 U.S.C. 551–558. 

7 OFFICE OF THE ASSISTANT SECRETARY FOR

8 CONGRESSIONAL RELATIONS

9 (INCLUDING TRANSFERS OF FUNDS)

10 For necessary expenses of the Office of the Assistant 

11 Secretary for Congressional Relations to carry out the pro12 grams funded by this Act, including programs involving 

13 intergovernmental affairs and liaison within the executive 

14 branch, $3,289,000: Provided, That these funds may be 

15 transferred to agencies of the Department of Agriculture 

16 funded by this Act to maintain personnel at the agency 

17 level; Provided further, That no funds made available by 

18 this appropriation may be obligated after 30 days from 

19 the date of enactment of this Act, unless the Secretary 

20 has notified the Committees on Appropriations of both 

21 Houses of Congress on the allocation of these funds by 

22 USDA agency: Provided further, That no other funds ap23 propriated to the Department by this Act shall be available 

24 to the Department for support of congressional relations 

25 activities. 


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1 OFFICE OF COMMUNICATIONS

2 For necessary expenses of the Office of Communica3 tions, $8,058,000. 

4 OFFICE OF INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector 

6 General, including employment pursuant to the Inspector 

7 General Act of 1978, $80,000,000, including such sums 

8 as may be necessary for contracting and other arrange9 ments with public agencies and private persons pursuant 

10 to section 6(a)(9) of the Inspector General Act of 1978, 

11 and including not to exceed $125,000 for certain confiden12 tial operational expenses, including the payment of inform13 ants, to be expended under the direction of the Inspector 

14 General pursuant to Public Law 95–452 and section 1337 

15 of Public Law 97–98. 

16 OFFICE OF THE GENERAL COUNSEL

17 For necessary expenses of the Office of the General 

18 Counsel, $35,204,000. 

19 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

20 EDUCATION AND ECONOMICS

21 For necessary expenses of the Office of the Under 

22 Secretary for Research, Education and Economics, 

23 $760,000. 


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1 ECONOMIC RESEARCH SERVICE

2 For necessary expenses of the Economic Research 

3 Service, $70,000,000. 

4 NATIONAL AGRICULTURAL STATISTICS SERVICE

5 For necessary expenses of the National Agricultural 

6 Statistics Service, $149,500,000, of which up to 

7 $40,000,000 shall be available until expended for the Cen8 sus of Agriculture. 

9 AGRICULTURAL RESEARCH SERVICE

10 SALARIES AND EXPENSES

11 For necessary expenses of the Agricultural Research 

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

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

14 for land exchanges where the lands exchanged shall be of 

15 equal value or shall be equalized by a payment of money 

16 to the grantor which shall not exceed 25 percent of the 

17 total value of the land or interests transferred out of Fed18 eral ownership, $993,345,000 (increased by $2,000,000): 

19 Provided, That appropriations hereunder shall be available 

20 for the operation and maintenance of aircraft and the pur21 chase of not to exceed one for replacement only: Provided 

22 further, That appropriations hereunder shall be available 

23 pursuant to 7 U.S.C. 2250 for the construction, alteration, 

24 and repair of buildings and improvements, but unless oth25 erwise provided, the cost of constructing any one building 


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1 shall not exceed $375,000, except for headhouses or green2 houses which shall each be limited to $1,200,000, and ex3 cept for 10 buildings to be constructed or improved at a 

4 cost not to exceed $750,000 each, and the cost of altering 

5 any one building during the fiscal year shall not exceed 

6 10 percent of the current replacement value of the build7 ing or $375,000, whichever is greater: Provided further, 

8 That the limitations on alterations contained in this Act 

9 shall not apply to modernization or replacement of existing 

10 facilities at Beltsville, Maryland: Provided further, That 

11 appropriations hereunder shall be available for granting 

12 easements at the Beltsville Agricultural Research Center: 

13 Provided further, That the foregoing limitations shall not 

14 apply to replacement of buildings needed to carry out the 

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

16 That funds may be received from any State, other political 

17 subdivision, organization, or individual for the purpose of 

18 establishing or operating any research facility or research 

19 project of the Agricultural Research Service, as authorized 

20 by law. 

21 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

22 RESEARCH AND EDUCATION ACTIVITIES

23 For payments to agricultural experiment stations, for 

24 cooperative forestry and other research, for facilities, and 

25 for other expenses, $600,800,000, as follows: to carry out 


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

2 i), $208,000,000; for grants for cooperative forestry re3 search (16 U.S.C. 582a through a–7), $30,000,000; for 

4 payments to eligible institutions (7 U.S.C. 3222), 

5 $48,000,000, provided that each institution receives no 

6 less than $1,000,000; for special grants (7 U.S.C. 

7 450i(c)), $1,250,000; for competitive grants for Inte8 grated Pest Management and Biological Control (7 U.S.C. 

9 450i(c)), $14,000,000; for competitive grants (7 U.S.C. 

10 450i(b)), $229,500,000, to remain available until ex11 pended; for the support of animal health and disease pro12 grams (7 U.S.C. 3195), $4,000,000; for a program pursu13 ant to section 1415A of the National Agricultural Re14 search, Extension, and Teaching Policy Act of 1977 (7 

15 U.S.C. 3151a), $4,200,000, to remain available until ex16 pended; for a higher education multicultural scholars pro17 gram (7 U.S.C. 3152(b)(5)), $1,000,000, to remain avail18 able until expended (7 U.S.C. 2209b); for an education 

19 grants program for Hispanic–serving Institutions (7 

20 U.S.C. 3241), $7,800,000; for competitive grants for the 

21 purpose of carrying out all provisions of 7 U.S.C. 3156 

22 to individual eligible institutions or consortia of eligible in23 stitutions in Alaska and in Hawaii, with funds awarded 

24 equally to each of the States of Alaska and Hawaii, 

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1 ondary education, and agriculture in the K-12 classroom 

2 (7 U.S.C. 3152(j)), $900,000; for aquaculture grants (7 

3 U.S.C. 3322), $3,300,000; for sustainable agriculture re4 search and education (7 U.S.C. 5811), $12,300,000; for 

5 a program of capacity building grants (7 U.S.C. 

6 3152(b)(4)) to institutions eligible to receive funds under 

7 7 U.S.C. 3221 and 3222, $16,400,000, to remain avail8 able until expended (7 U.S.C. 2209b); for payments to the 

9 1994 Institutions pursuant to section 534(a)(1) of Public 

10 Law 103–382, $2,800,000; for resident instruction grants 

11 for insular areas under section 1491 of the National Agri12 cultural Research, Extension, and Teaching Policy Act of 

13 1977 (7 U.S.C. 3363), $900,000; for distance education 

14 grants for insular areas under section 1490 of the Na15 tional Agricultural Research, Extension, and Teaching 

16 Policy Act of 1977 (7 U.S.C. 3362), $750,000; for com17 petitive grants for policy research (7 U.S.C. 3155), 

18 $3,000,000; and for necessary expenses of Research and 

19 Education Activities, $10,000,000, of which $2,500,000 

20 for the Research, Education, and Economics Information 

21 System and $2,000,000 for the Electronic Grants Infor22 mation System, are to remain available until expended. 


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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 EXTENSION ACTIVITIES

6 For payments to States, the District of Columbia, 

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

8 Northern Marianas, and American Samoa, $411,200,000, 

9 as follows: payments for cooperative extension work under 

10 the Smith–Lever Act, to be distributed under sections 3(b) 

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

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

13 costs for extension agents, $259,200,000; payments for 

14 extension work at the 1994 Institutions under the Smith– 

15 Lever Act (7 U.S.C. 343(b)(3)), $3,600,000; payments for 

16 the nutrition and family education program for low-income 

17 areas under section 3(d) of the Act, $58,000,000; pay18 ments for the pest management program under section 

19 3(d) of the Act, $8,400,000; payments for New Tech20 nologies for Agriculture Extension under section 3(d) of 

21 the Act, $1,400,000; payments to upgrade research, exten22 sion, and teaching facilities at institutions eligible to re23 ceive funds under 7 U.S.C. 3221 and 3222, $16,700,000, 

24 to remain available until expended; payments for youth25 at-risk programs under section 3(d) of the Smith–Lever 


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1 Act, $7,100,000; payments for carrying out the provisions 

2 of the Renewable Resources Extension Act of 1978 (16 

3 U.S.C. 1671 et seq.), $3,400,000; payments for the feder4 ally-recognized Tribes Extension Program under section 

5 3(d) of the Smith–Lever Act, $2,600,000; payments for 

6 sustainable agriculture programs under section 3(d) of the 

7 Act, $4,000,000; payments for rural health and safety 

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

9 92–419 (7 U.S.C. 2662(i)), $1,500,000; payments for co10 operative extension work by eligible institutions (7 U.S.C. 

11 3221), $36,000,000, provided that each institution re12 ceives no less than $1,000,000; for grants to youth organi13 zations pursuant to 7 U.S.C. 7630, $1,500,000; for pay14 ments to carry out the food animal residue avoidance data15 base program as authorized by 7 U.S.C. 7642, 

16 $1,000,000; and for necessary expenses of Extension Ac17 tivities, $6,800,000. 

18 INTEGRATED ACTIVITIES

19 For the integrated research, education, and extension 

20 grants program authorized under section 406 of the Agri21 cultural Research, Extension, and Education Reform Act 

22 of 1998 (7 U.S.C. 7626), including necessary administra23 tive expenses, $8,000,000, as follows: for a competitive or24 ganic transition program, $4,000,000; and for the regional 

25 pest management centers program $4,000,000. 


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1 OFFICE OF THE UNDER SECRETARY FOR MARKETING

2 AND REGULATORY PROGRAMS

3 For necessary expenses of the Office of the Under 

4 Secretary for Marketing and Regulatory Programs, 

5 $760,000. 

6 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFERS OF FUNDS)

9 For necessary expenses of the Animal and Plant 

10 Health Inspection Service, including up to $30,000 for 

11 representation allowances and for expenses pursuant to 

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

13 $790,000,000, of which $2,000,000, to be available until 

14 expended, shall be available for the control of outbreaks 

15 of insects, plant diseases, animal diseases and for control 

16 of pest animals and birds (‘‘contingency fund’’) to the ex17 tent necessary to meet emergency conditions; of which 

18 $16,000,000, to remain available until expended, shall be 

19 used for the cotton pests program for cost share purposes 

20 or for debt retirement for active eradication zones; of 

21 which $32,500,000, to remain available until expended, 

22 shall be for Animal Health Technical Services; of which 

23 $54,000,000, to remain available until expended, shall be 

24 used to support avian health; of which $4,200,000, to re25 main available until expended, shall be for information 


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1 technology infrastructure; of which $147,000,000, to re2 main available until expended, shall be for specialty crop 

3 pests; of which, $9,000,000, to remain available until ex4 pended, shall be for field crop and rangeland ecosystem 

5 pests; of which $52,000,000, to remain available until ex6 pended, shall be for tree and wood pests; of which 

7 $2,300,000, to remain available until expended, shall be 

8 for the National Veterinary Stockpile; of which up to 

9 $1,500,000, to remain available until expended, shall be 

10 for the scrapie program for indemnities; of which 

11 $1,000,000, to remain available until expended, shall be 

12 for wildlife services methods development; of which 

13 $1,500,000, to remain available until expended, shall be 

14 for the wildlife damage management program for aviation 

15 safety; and up to 25 percent of the screwworm program 

16 shall remain available until expended: Provided, That no 

17 funds shall be used to formulate or administer a brucel18 losis eradication program for the current fiscal year that 

19 does not require minimum matching by the States of at 

20 least 40 percent: Provided further, That this appropriation 

21 shall be available for the operation and maintenance of 

22 aircraft and the purchase of not to exceed four, of which 

23 two shall be for replacement only: Provided further, That, 

24 in addition, in emergencies which threaten any segment 

25 of the agricultural production industry of this country, the 


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1 Secretary may transfer from other appropriations or funds 

2 available to the agencies or corporations of the Depart3 ment such sums as may be deemed necessary, to be avail4 able only in such emergencies for the arrest and eradi5 cation of contagious or infectious disease or pests of ani6 mals, poultry, or plants, and for expenses in accordance 

7 with sections 10411 and 10417 of the Animal Health Pro8 tection Act (7 U.S.C. 8310 and 8316) and sections 431 

9 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 

10 7772), and any unexpended balances of funds transferred 

11 for such emergency purposes in the preceding fiscal year 

12 shall be merged with such transferred amounts: Provided 

13 further, That appropriations hereunder shall be available 

14 pursuant to law (7 U.S.C. 2250) for the repair and alter15 ation of leased buildings and improvements, but unless 

16 otherwise provided the cost of altering any one building 

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

18 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 assist21 ance, goods, or services requested by States, other political 

22 subdivisions, domestic and international organizations, 

23 foreign governments, or individuals, provided that such 

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

25 fees is reasonably based on the technical assistance, goods, 


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1 or services provided to the entity by the agency, and such 

2 fees shall be reimbursed to this account, to remain avail3 able until expended, without further appropriation, for 

4 providing such 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, $3,200,000, to remain avail11 able until expended. 

12 AGRICULTURAL MARKETING SERVICE

13 MARKETING SERVICES

14 For necessary expenses of the Agricultural Marketing 

15 Service, $77,500,000 (increased by $300,000): Provided, 

16 That this appropriation shall be available pursuant to law 

17 (7 U.S.C. 2250) for the alteration and repair of buildings 

18 and improvements, but the cost of altering any one build19 ing during the fiscal year shall not exceed 10 percent of 

20 the current replacement value of the building. Fees may 

21 be collected for the cost of standardization activities, as 

22 established by regulation pursuant to law (31 U.S.C. 

23 9701). 


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1 LIMITATION ON ADMINISTRATIVE EXPENSES

2 Not to exceed $61,000,000 (from fees collected) shall 

3 be obligated during the current fiscal year for administra4 tive expenses: Provided, That if crop size is understated 

5 and/or other uncontrollable events occur, the agency may 

6 exceed this limitation by up to 10 percent with notification 

7 to the Committees on Appropriations of both Houses of 

8 Congress. 

9 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

10 SUPPLY (SECTION 32)

11 (INCLUDING TRANSFERS OF FUNDS)

12 Funds available under section 32 of the Act of Au13 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com14 modity program expenses as authorized therein, and other 

15 related operating expenses, except for: (1) transfers to the 

16 Department of Commerce as authorized by the Fish and 

17 Wildlife Act of August 8, 1956; (2) transfers otherwise 

18 provided in this Act; and (3) not more than $20,056,000 

19 for formulation and administration of marketing agree20 ments and orders pursuant to the Agricultural Marketing 

21 Agreement Act of 1937 and the Agricultural Act of 1961. 

22 PAYMENTS TO STATES AND POSSESSIONS

23 For payments to State departments of agriculture, 

24 bureaus and departments of markets, and similar agencies 

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1 cultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 

2 $1,331,000. 

3 GRAIN INSPECTION, PACKERS AND STOCKYARDS

4 ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Grain Inspection, 

7 Packers and Stockyards Administration, $37,000,000: 

8 Provided, That this appropriation shall be available pursu9 ant to law (7 U.S.C. 2250) for the alteration and repair 

10 of buildings and improvements, but the cost of altering 

11 any one building during the fiscal year shall not exceed 

12 10 percent of the current replacement value of the build13 ing. 

14 LIMITATION ON INSPECTION AND WEIGHING SERVICES

15 EXPENSES

16 Not to exceed $47,500,000 (from fees collected) shall 

17 be obligated during the current fiscal year for inspection 

18 and weighing services: Provided, That if grain export ac19 tivities require additional supervision and oversight, or 

20 other uncontrollable factors occur, this limitation may be 

21 exceeded by up to 10 percent with notification to the Com22 mittees on Appropriations of both Houses of Congress. 

23 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

24 For necessary expenses of the Office of the Under 

25 Secretary for Food Safety, $689,000. 


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1 FOOD SAFETY AND INSPECTION SERVICE

2 For necessary expenses to carry out services author3 ized by the Federal Meat Inspection Act, the Poultry 

4 Products Inspection Act, and the Egg Products Inspection 

5 Act, including not to exceed $50,000 for representation 

6 allowances and for expenses pursuant to section 8 of the 

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

8 $972,028,000; and in addition, $1,000,000 may be cred9 ited to this account from fees collected for the cost of lab10 oratory accreditation as authorized by section 1327 of the 

11 Food, Agriculture, Conservation and Trade Act of 1990 

12 (7 U.S.C. 138f): Provided, That funds provided for the 

13 Public Health Data Communication Infrastructure system 

14 shall remain available until expended: Provided further, 

15 That this appropriation shall be available pursuant to law 

16 (7 U.S.C. 2250) for the alteration and repair of buildings 

17 and improvements, but the cost of altering any one build18 ing during the fiscal year shall not exceed 10 percent of 

19 the current replacement value of the building. 

20 OFFICE OF THE UNDER SECRETARY FOR FARM AND

21 FOREIGN AGRICULTURAL SERVICES

22 For necessary expenses of the Office of the Under 

23 Secretary for Farm and Foreign Agricultural Services, 

24 $760,000. 


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1 FARM SERVICE AGENCY

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses of the Farm Service Agency, 

5 $1,176,500,000: Provided, That the Secretary is author6 ized to use the services, facilities, and authorities (but not 

7 the funds) of the Commodity Credit Corporation to make 

8 program payments for all programs administered by the 

9 Agency: Provided further, That other funds made available 

10 to the Agency for authorized activities may be advanced 

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

12 funds made available to county committees shall remain 

13 available until expended. 

14 STATE MEDIATION GRANTS

15 For grants pursuant to section 502(b) of the Agricul16 tural Credit Act of 1987, as amended (7 U.S.C. 5101– 

17 5106), $3,550,000. 

18 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

19 For necessary expenses to carry out wellhead or 

20 groundwater protection activities under section 1240O of 

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

22 $3,605,000, to remain available until expended. 


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1 DAIRY INDEMNITY PROGRAM

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses involved in making indemnity 

4 payments to dairy farmers and manufacturers of dairy 

5 products under a dairy indemnity program, such sums as 

6 may be necessary, to remain available until expended: Pro7 vided, That such program is carried out by the Secretary 

8 in the same manner as the dairy indemnity program de9 scribed in the Agriculture, Rural Development, Food and 

10 Drug Administration, and Related Agencies Appropria11 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 

12 12). 

13 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

14 ACCOUNT

15 (INCLUDING TRANSFERS OF FUNDS)

16 For gross obligations for the principal amount of di17 rect and guaranteed farm ownership (7 U.S.C. 1922 et 

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

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

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

21 U.S.C. 1924 et seq.), and Indian highly fractionated land 

22 loans (25 U.S.C. 488) to be available from funds in the 

23 Agricultural Credit Insurance Fund, as follows: 

24 $1,500,000,000 for unsubsidized guaranteed farm owner25 ship loans and $475,000,000 for farm ownership direct 


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1 loans; $1,500,000,000 for unsubsidized guaranteed oper2 ating loans and $1,050,090,000 for direct operating loans; 

3 Indian tribe land acquisition loans, $2,000,000; guaran4 teed conservation loans, $150,000,000; Indian highly 

5 fractionated land loans, $10,000,000; and for boll weevil 

6 eradication program loans, $100,000,000: Provided, That 

7 the Secretary shall deem the pink bollworm to be a boll 

8 weevil for the purpose of boll weevil eradication program 

9 loans. 

10 For the cost of direct and guaranteed loans and 

11 grants, including the cost of modifying loans as defined 

12 in section 502 of the Congressional Budget Act of 1974, 

13 as follows: farm ownership, $22,800,000 for direct loans; 

14 farm operating loans, $26,100,000 for unsubsidized guar15 anteed operating loans, $59,120,000 for direct operating 

16 loans; and Indian highly fractionated land loans, 

17 $193,000. 

18 In addition, for administrative expenses necessary to 

19 carry out the direct and guaranteed loan programs, 

20 $268,634,000, of which $260,730,000 shall be paid to the 

21 appropriation for ‘‘Farm Service Agency, Salaries and Ex22 penses’’. 

23 Funds appropriated by this Act to the Agricultural 

24 Credit Insurance Program Account for farm ownership, 

25 operating and conservation direct loans and guaranteed 


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1 loans may be transferred among these programs: Pro2 vided, That the Committees on Appropriations of both 

3 Houses of Congress are notified at least 15 days in ad4 vance of any transfer. 

5 RISK MANAGEMENT AGENCY

6 For necessary expenses of the Risk Management 

7 Agency, $68,016,000: Provided, That the funds made 

8 available under section 522(e) of the Federal Crop Insur9 ance Act (7 U.S.C. 1522(e)) may be used for the Common 

10 Information Management System: Provided further, That 

11 not to exceed $1,000 shall be available for official recep12 tion and representation expenses, as authorized by 7 

13 U.S.C. 1506(i). 

14 CORPORATIONS 

15 The following corporations and agencies are hereby 

16 authorized to make expenditures, within the limits of 

17 funds and borrowing authority available to each such cor18 poration or agency and in accord with law, and to make 

19 contracts and commitments without regard to fiscal year 

20 limitations as provided by section 104 of the Government 

21 Corporation Control Act as may be necessary in carrying 

22 out the programs set forth in the budget for the current 

23 fiscal year for such corporation or agency, except as here24 inafter provided. 


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1 FEDERAL CROP INSURANCE CORPORATION FUND

2 For payments as authorized by section 516 of the 

3 Federal Crop Insurance Act (7 U.S.C. 1516), such sums 

4 as may 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 reim11 bursed, pursuant to section 2 of the Act of August 17, 

12 1961 (15 U.S.C. 713a–11): Provided, That of the funds 

13 available to the Commodity Credit Corporation under sec14 tion 11 of the Commodity Credit Corporation Charter Act 

15 (15 U.S.C. 714i) for the conduct of its business with the 

16 Foreign Agricultural Service, up to $5,000,000 may be 

17 transferred to and used by the Foreign Agricultural Serv18 ice for information resource management activities of the 

19 Foreign Agricultural Service that are not related to Com20 modity Credit Corporation business. 

21 HAZARDOUS WASTE MANAGEMENT

22 (LIMITATION ON EXPENSES)

23 For the current fiscal year, the Commodity Credit 

24 Corporation shall not expend more than $5,000,000 for 

25 site investigation and cleanup expenses, and operations 


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1 and maintenance expenses to comply with the requirement 

2 of section 107(g) of the Comprehensive Environmental 

3 Response, 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 

11 Secretary for Natural Resources and Environment, 

12 $760,000. 

13 NATURAL RESOURCES CONSERVATION SERVICE

14 CONSERVATION OPERATIONS

15 For necessary expenses for carrying out the provi16 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f), 

17 including preparation of conservation plans and establish18 ment of measures to conserve soil and water (including 

19 farm irrigation and land drainage and such special meas20 ures for soil and water management as may be necessary 

21 to prevent floods and the siltation of reservoirs and to con22 trol agricultural related pollutants); operation of conserva23 tion plant materials centers; classification and mapping of 

24 soil; dissemination of information; acquisition of lands, 

25 water, and interests therein for use in the plant materials 


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1 program by donation, exchange, or purchase at a nominal 

2 cost not to exceed $100 pursuant to the Act of August 

3 3, 1956 (7 U.S.C. 428a); purchase and erection or alter4 ation or improvement of permanent and temporary build5 ings; and operation and maintenance of aircraft, 

6 $770,956,000, to remain available until September 30, 

7 2013: Provided, That appropriations hereunder shall be 

8 available pursuant to 7 U.S.C. 2250 for construction and 

9 improvement of buildings and public improvements at 

10 plant materials centers, except that the cost of alterations 

11 and improvements to other buildings and other public im12 provements shall not exceed $250,000: Provided further, 

13 That when buildings or other structures are erected on 

14 non-Federal land, that the right to use such land is ob15 tained as provided in 7 U.S.C. 2250a. 

16 WATERSHED REHABILITATION PROGRAM

17 Under the authorities of Section 14 of the Watershed 

18 Protection and Flood Prevention Act, $15,000,000 is pro19 vided. 

20 TITLE III 

21 RURAL DEVELOPMENT 

22 OFFICE OF THE UNDER SECRETARY FOR RURAL

23 DEVELOPMENT

24 For necessary expenses of the Office of the Under 

25 Secretary for Rural Development, $760,000. 


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1 RURAL DEVELOPMENT SALARIES AND EXPENSES

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses for carrying out the adminis4 tration and implementation of programs in the Rural De5 velopment mission area, including activities with institu6 tions concerning the development and operation of agricul7 tural cooperatives; and for cooperative agreements; 

8 $161,011,000: Provided, That notwithstanding any other 

9 provision of law, funds appropriated under this section 

10 may be used for advertising and promotional activities 

11 that support the Rural Development mission area: Pro12 vided further, That not more than $10,000 may be ex13 pended to provide modest non-monetary awards to non14 USDA employees: Provided further, That any balances 

15 available from prior years for the Rural Utilities Service, 

16 Rural Housing Service, and the Rural Business-Coopera17 tive Service salaries and expenses accounts shall be trans18 ferred to and merged with this appropriation. 

19 RURAL HOUSING SERVICE

20 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

21 (INCLUDING TRANSFERS OF FUNDS)

22 For gross obligations for the principal amount of di23 rect and guaranteed loans as authorized by title V of the 

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

25 rural housing insurance fund, as follows: $24,845,666,000 


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1 for loans to section 502 borrowers, of which $845,666,000 

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

3 shall be for unsubsidized guaranteed loans; and 

4 $58,617,000 for section 515 rental housing loans. 

5 For the cost of direct and guaranteed loans, including 

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

7 the Congressional Budget Act of 1974, as follows: 

8 $40,000,000 for 502 direct loans; and $20,000,000 for re9 pair, rehabilitation, and new construction of section 515 

10 rental housing: Provided, That of the total amount appro11 priated in this paragraph, the amount equal to the amount 

12 of Rural Housing Insurance Fund Program Account funds 

13 allocated by the Secretary for Rural Economic Area Part14 nership Zones for the fiscal year 2011, shall be available 

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

16 Secretary of Agriculture as Rural Economic Area Partner17 ship Zones. 

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

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

20 $12,500,000, to remain available until expended, for direct 

21 farm labor housing loans and domestic farm labor housing 

22 grants and contracts: Provided, That any balances avail23 able for the Farm Labor Program Account shall be trans24 ferred and merged with this account. 


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1 In addition, for administrative expenses necessary to 

2 carry out the direct and guaranteed loan programs, 

3 $400,000,000 shall be paid to the appropriation for 

4 ‘‘Rural Development, Salaries and Expenses’’. 

5 RENTAL ASSISTANCE PROGRAM

6 For rental assistance agreements entered into or re7 newed pursuant to the authority under section 521(a)(2) 

8 or agreements entered into in lieu of debt forgiveness or 

9 payments for eligible households as authorized by section 

10 502(c)(5)(D) of the Housing Act of 1949, $890,000,000; 

11 and, in addition, such sums as may be necessary, as au12 thorized by section 521(c) of the Act, to liquidate debt 

13 incurred prior to fiscal year 1992 to carry out the rental 

14 assistance program under section 521(a)(2) of the Act: 

15 Provided, That of this amount not less than $1,500,000 

16 is available for newly constructed units financed by section 

17 515 of the Housing Act of 1949, and not less than 

18 $2,500,000 is for newly constructed units financed under 

19 sections 514 and 516 of the Housing Act of 1949: Pro20 vided further, That rental assistance agreements entered 

21 into or renewed during the current fiscal year shall be 

22 funded for a one-year period: Provided further, That any 

23 unexpended balances remaining at the end of such one24 year agreements may be transferred and used for the pur25 poses of any debt reduction; maintenance, repair, or rehaVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6401 E:\BILLS\H2112.PP H2112

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1 bilitation of any existing projects; preservation; and rental 

2 assistance activities authorized under title V of the Act: 

3 Provided further, That rental assistance provided under 

4 agreements entered into prior to fiscal year 2012 for a 

5 farm labor multi-family housing project financed under 

6 section 514 or 516 of the Act may not be recaptured for 

7 use in another project until such assistance has remained 

8 unused for a period of 12 consecutive months, if such 

9 project has a waiting list of tenants seeking such assist10 ance or the project has rental assistance eligible tenants 

11 who are not receiving such assistance: Provided further, 

12 That such recaptured rental assistance shall, to the extent 

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

14 housing project financed under section 514 or 516 of the 

15 Act. 

16 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

17 ACCOUNT

18 For the rural housing voucher program as authorized 

19 under section 542 of the Housing Act of 1949, but not20 withstanding subsection (b) of such section, $11,000,000, 

21 to remain available until expended, which shall be avail22 able for rural housing vouchers to any low-income house23 hold (including those not receiving rental assistance) re24 siding in a property financed with a section 515 loan 

25 which has been prepaid after September 30, 2005: ProVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6401 E:\BILLS\H2112.PP H2112

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1 vided, That the amount of such voucher shall be the dif2 ference between comparable market rent for the section 

3 515 unit and the tenant-paid rent for such unit: Provided 

4 further, That funds made available for such vouchers shall 

5 be subject to the availability of annual appropriations: 

6 Provided further, That the Secretary shall, to the max7 imum extent practicable, administer such vouchers with 

8 current regulations and administrative guidance applicable 

9 to section 8 housing vouchers administered by the Sec10 retary of the Department of Housing and Urban Develop11 ment. 

12 MUTUAL AND SELF-HELP HOUSING GRANTS

13 For grants and contracts pursuant to section 

14 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 

15 1490c), $22,000,000, to remain available until expended: 

16 Provided, That of the total amount appropriated under 

17 this heading, the amount equal to the amount of Mutual 

18 and Self-Help Housing Grants allocated by the Secretary 

19 for Rural Economic Area Partnership Zones for the fiscal 

20 year 2011, shall be available through June 30, 2012, for 

21 communities designated by the Secretary of Agriculture 

22 as Rural Economic Area Partnership Zones. 


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1 RURAL HOUSING ASSISTANCE GRANTS

2 (INCLUDING TRANSFER OF FUNDS)

3 For grants and contracts for very low-income housing 

4 repair made by the Rural Housing Service, as authorized 

5 by 42 U.S.C. 1474, $32,000,000, to remain available until 

6 expended: Provided, That of the total amount appro7 priated under this heading, the amount equal to the 

8 amount of Rural Housing Assistance Grants allocated by 

9 the Secretary for Rural Economic Area Partnership Zones 

10 for the fiscal year 2011, shall be available through June 

11 30, 2012, for communities designated by the Secretary of 

12 Agriculture as Rural Economic Area Partnership Zones. 

13 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

14 (INCLUDING TRANSFERS OF FUNDS)

15 For the cost of direct loans and grants for rural com16 munity facilities programs as authorized by section 306 

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

18 Farm and Rural Development Act, $18,000,000, to re19 main available until expended: Provided, That $3,000,000 

20 of the amount appropriated under this heading shall be 

21 available for a Rural Community Development Initiative: 

22 Provided further, That such funds shall be used solely to 

23 develop the capacity and ability of private, non-profit com24 munity-based housing and community development orga25 nizations, low-income rural communities, and Federally 


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1 Recognized Native American Tribes to undertake projects 

2 to improve housing, community facilities, community and 

3 economic development projects in rural areas: Provided 

4 further, That such funds shall be made available to quali5 fied private, nonprofit and public intermediary organiza6 tions proposing to carry out a program of financial and 

7 technical assistance: Provided further, That such inter8 mediary organizations shall provide matching funds from 

9 other sources, including Federal funds for related activi10 ties, in an amount not less than funds provided: Provided 

11 further, That of the amount appropriated under this head12 ing, the amount equal to the amount of Rural Community 

13 Facilities Program Account funds allocated by the Sec14 retary for Rural Economic Area Partnership Zones for the 

15 fiscal year 2011, shall be available through June 30, 2012, 

16 for communities designated by the Secretary of Agri17 culture as Rural Economic Area Partnership Zones for the 

18 rural community programs described in section 

19 381E(d)(1) of the Consolidated Farm and Rural Develop20 ment Act: Provided further, That sections 381E–H and 

21 381N of the Consolidated Farm and Rural Development 

22 Act are not applicable to the funds made available under 

23 this heading. 


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1 RURAL BUSINESS—COOPERATIVE SERVICE

2 RURAL BUSINESS PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

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

5 rural business development programs authorized by sec6 tions 306 and 310B and described in section 381E(d)(3) 

7 of the Consolidated Farm and Rural Development Act, 

8 $64,500,000, to remain available until expended: Pro9 vided, That of the amount appropriated under this head10 ing, not to exceed $500,000 shall be made available for 

11 a grant to a qualified national organization to provide 

12 technical assistance for rural transportation in order to 

13 promote economic development: Provided further, That 

14 $2,250,000 shall be for grants to the Delta Regional Au15 thority (7 U.S.C. 2009aa et seq.) for any Rural Commu16 nity Advancement Program purpose as described in sec17 tion 381E(d) of the Consolidated Farm and rural Develop18 ment Act, of which not more than 5 percent may be used 

19 for administrative expenses: Provided further, That 

20 $3,400,000 of the amount appropriated under this head21 ing shall be for business grants to benefit Federally Recog22 nized Native American Tribes, including $250,000 for a 

23 grant to a qualified national organization to provide tech24 nical assistance for rural transportation in order to pro25 mote economic development: Provided further, That of the 


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1 amount appropriated under this heading, the amount 

2 equal to the amount of Rural Business Program Account 

3 funds allocated by the Secretary for Rural Economic Area 

4 Partnership Zones for the fiscal year 2011, shall be avail5 able through June 30, 2012, for communities designated 

6 by the Secretary of Agriculture as Rural Economic Area 

7 Partnership Zones for the rural business and cooperative 

8 development programs described in section 381E(d)(3) of 

9 the Consolidated Farm and Rural Development Act: Pro10 vided further, That sections 381E–H and 381N of the 

11 Consolidated Farm and Rural Development Act are not 

12 applicable to funds made available under this heading: 

13 Provided further, That any prior balances in the Rural De14 velopment, Rural Community Advancement Program ac15 count for programs authorized by sections 306 and 310B 

16 and described in section 381E(d)(3) of such Act be trans17 ferred and merged with this account and any other prior 

18 balances from the Rural Development, Rural Community 

19 Advancement Program account that the Secretary deter20 mines is appropriate to transfer. 

21 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

22 (INCLUDING TRANSFER OF FUNDS)

23 For the principal amount of direct loans, as author24 ized by the Rural Development Loan Fund (42 U.S.C. 

25 9812(a)), $14,758,000. 


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1 For the cost of direct loans, $5,000,000, as author2 ized by the Rural Development Loan Fund (42 U.S.C. 

3 9812(a)), of which $750,000 shall be available through 

4 June 30, 2012, for Federally Recognized Native American 

5 Tribes; and of which $1,500,000 shall be available through 

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

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

9 such loans, shall be defined in section 502 of the Congres10 sional Budget Act of 1974: Provided further, That of the 

11 total amount appropriated under this heading, the amount 

12 equal to the amount of Rural Development Loan Fund 

13 Program Account funds allocated by the Secretary for 

14 Rural Economic Area Partnership Zones for the fiscal 

15 year 2011, shall be available through June 30, 2012, for 

16 communities designated by the Secretary of Agriculture 

17 as Rural Economic Area Partnership Zones. 

18 In addition, for administrative expenses to carry out 

19 the direct loan programs, $3,500,000 shall be paid to the 

20 appropriation for ‘‘Rural Development, Salaries and Ex21 penses’’. 


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1 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

2 ACCOUNT

3 (INCLUDING CANCELLATION OF FUNDS)

4 For the principal amount of direct loans, as author5 ized under section 313 of the Rural Electrification Act, 

6 for the purpose of promoting rural economic development 

7 and job 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 ob11 ligated and $155,000,000 are hereby permanently can12 celled. 

13 RURAL COOPERATIVE DEVELOPMENT GRANTS

14 For rural cooperative development grants authorized 

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

16 Rural Development Act (7 U.S.C. 1932), $22,500,000 of 

17 which, $2,000,000 shall be for cooperative agreements for 

18 the appropriate technology transfer for rural areas pro19 gram: Provided, That, not to exceed $3,000,000 shall be 

20 for cooperatives or associations of cooperatives whose pri21 mary focus is to provide assistance to small, socially dis22 advantaged producers and whose governing board and/or 

23 membership is comprised of at least 75 percent socially 

24 disadvantaged members; and of which $12,500,000, to re25 main available until expended, shall be for value-added agVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6401 E:\BILLS\H2112.PP H2112

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1 ricultural product market development grants, as author2 ized by section 231 of the Agricultural Risk Protection 

3 Act of 2000 (7 U.S.C. 1621 note). 

4 RURAL ENERGY FOR AMERICA PROGRAM

5 For the cost of a program of loan guarantees and 

6 grants, under the same terms and conditions as authorized 

7 by section 9007 of the Farm Security and Rural Invest8 ment Act of 2002 (7 U.S.C. 8107), $1,300,000 (increased 

9 by $1,000,000): Provided, That the cost of loan guaran10 tees, including the cost of modifying such loans, shall be 

11 as defined in section 502 of the Congressional Budget Act 

12 of 1974. 

13 RURAL UTILITIES SERVICE

14 RURAL WATER AND WASTE DISPOSAL PROGRAM

15 (INCLUDING TRANSFERS OF FUNDS)

16 For the cost of direct loans and grants for the rural 

17 water, waste water, waste disposal, and solid waste man18 agement programs authorized by sections 306, 306A, 

19 306C, 306D, 306E, and 310B and described in sections 

20 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consoli21 dated Farm and Rural Development Act, $500,000,000, 

22 to remain available until expended, of which not to exceed 

23 $497,000 shall be available for the rural utilities program 

24 described in section 306(a)(2)(B) of such Act, and of 

25 which not to exceed $993,000 shall be available for the 


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1 rural utilities program described in section 306E of such 

2 Act: Provided, That $65,000,000 of the amount appro3 priated under this heading shall be for loans and grants 

4 including water and waste disposal systems grants author5 ized by 306C(a)(2)(B) and 306D of the Consolidated 

6 Farm and Rural Development Act, Federally-recognized 

7 Native American Tribes authorized by 306C(a)(1), and 

8 the Department of Hawaiian Home Lands (of the State 

9 of Hawaii): Provided further, That funding provided for 

10 section 306D of the Consolidated Farm and Rural Devel11 opment Act may be provided to a consortium formed pur12 suant to section 325 of Public Law 105–83: Provided fur13 ther, That not more than 2 percent of the funding pro14 vided for section 306D of the Consolidated Farm and 

15 Rural Development Act may be used by the State of Alas16 ka and/or by a consortium formed pursuant to section 325 

17 of Public Law 105–83 for training and technical assist18 ance programs: Provided further, That not to exceed 

19 $19,000,000 of the amount appropriated under this head20 ing shall be for technical assistance grants for rural water 

21 and waste systems pursuant to section 306(a)(14) of such 

22 Act, unless the Secretary makes a determination of ex23 treme need, of which $3,400,000 shall be made available 

24 for a grant to a qualified non-profit multi-state regional 

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1 ing with small communities on water and waste water 

2 problems, the principal purpose of such grant shall be to 

3 assist rural communities with populations of 3,300 or less, 

4 in improving the planning, financing, development, oper5 ation, and management of water and waste water systems, 

6 and of which not less than $800,000 shall be for a quali7 fied national Native American organization to provide 

8 technical assistance for rural water systems for tribal com9 munities: Provided further, That not to exceed 

10 $14,000,000 of the amount appropriated under this head11 ing shall be for contracting with qualified national organi12 zations for a circuit rider program to provide technical as13 sistance for rural water systems: Provided further, That 

14 not to exceed $3,400,000 shall be for solid waste manage15 ment grants: Provided further, That of the amount appro16 priated under this heading, the amount equal to the 

17 amount of Rural Water and Waste Disposal Program Ac18 count funds allocated by the Secretary for Rural Economic 

19 Area Partnership Zones for the fiscal year 2011, shall be 

20 available through June 30, 2012, for communities des21 ignated by the Secretary of Agriculture as Rural Economic 

22 Area Partnership Zones for the rural utilities programs 

23 described in section 381E(d)(2) of the Consolidated Farm 

24 and Rural Development Act: Provided further, That sec25 tions 381E–H and 381N of the Consolidated Farm and 


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1 Rural Development Act are not applicable to the funds 

2 made available under this heading: Provided further, That 

3 any prior balances in the Rural Development, Rural Com4 munity Advancement Program account programs author5 ized by sections 306, 306A, 306C, 306D, 306E, and 310B 

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

7 381E(d)(2) of such Act be transferred to and merged with 

8 this account and any other prior balances from the Rural 

9 Development, Rural Community Advancement Program 

10 account that the Secretary determines is appropriate to 

11 transfer. 

12 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

13 LOANS PROGRAM ACCOUNT

14 (INCLUDING TRANSFER OF FUNDS)

15 The principal amount of direct and guaranteed loans 

16 as authorized by sections 305 and 306 of the Rural Elec17 trification Act of 1936 (7 U.S.C. 935 and 936) shall be 

18 made as follows: 5 percent rural electrification loans, 

19 $100,000,000; loans made pursuant to section 306 of that 

20 Act, rural electric, $6,500,000,000; 5 percent rural tele21 communications loans, $145,000,000; cost of money rural 

22 telecommunications loans, $250,000,000; and for loans 

23 made pursuant to section 306 of that Act, rural tele24 communications loans, $295,000,000. 


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1 In addition, for administrative expenses necessary to 

2 carry out the direct and guaranteed loan programs, 

3 $30,000,000, which shall be paid to the appropriation for 

4 ‘‘Rural Development, Salaries and Expenses’’. 

5 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

6 PROGRAM

7 (INCLUDING CANCELLATION OF FUNDS)

8 For grants for telemedicine and distance learning 

9 services in rural areas, as authorized by 7 U.S.C. 950aaa 

10 et seq., $15,000,000, to remain available until expended. 

11 TITLE IV 

12 DOMESTIC FOOD PROGRAMS 

13 OFFICE OF THE UNDER SECRETARY FOR FOOD, 

14 NUTRITION AND CONSUMER SERVICES

15 For necessary expenses of the Office of the Under 

16 Secretary for Food, Nutrition and Consumer Services, 

17 $689,000. 

18 FOOD AND NUTRITION SERVICE

19 CHILD NUTRITION PROGRAMS

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses to carry out the Richard B. 

22 Russell National School Lunch Act (42 U.S.C. 1751 et 

23 seq.), except section 21, and the Child Nutrition Act of 

24 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 

25 21; $18,770,571,000, to remain available through SepVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6401 E:\BILLS\H2112.PP H2112

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1 tember 30, 2013, of which such sums as are made avail2 able under section 14222(b)(1) of the Food, Conservation, 

3 and Energy Act of 2008 (Public Law 110–246), as 

4 amended by this Act, shall be merged with and available 

5 for the same time period and purposes as provided herein: 

6 Provided, That of the total amount available, $16,516,000 

7 shall be available to carry out section 19 of the Child Nu8 trition Act of 1966 (42 U.S.C. 1771 et seq.): Provided 

9 further, That section 14222(b)(1) of the Food, Conserva10 tion, and Energy Act of 2008 is amended by adding at 

11 the end before the period, ‘‘except section 21, and the 

12 Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), ex13 cept sections 17 and 21’’. 

14 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

15 WOMEN, INFANTS, AND CHILDREN (WIC)

16 For necessary expenses to carry out the special sup17 plemental nutrition program as authorized by section 17 

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

19 $6,048,250,000, to remain available through September 

20 30, 2013: Provided, That notwithstanding section 

21 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 

22 1786(h)(10)), of the amounts made available under this 

23 heading, not less than $14,000,000 shall be used for infra24 structure, not less than $50,000,000 shall be used for 

25 management information systems, not less than 


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1 $75,000,000 shall be used for breastfeeding peer coun2 selors and other related activities, and not less than 

3 $7,500,000 shall be used for breastfeeding performance 

4 awards: Provided further, That none of the funds provided 

5 in this account shall be available for the purchase of infant 

6 formula except in accordance with the cost containment 

7 and competitive bidding requirements specified in section 

8 17 of such Act: Provided further, That none of the funds 

9 provided shall be available for activities that are not fully 

10 reimbursed by other Federal Government departments or 

11 agencies unless authorized by section 17 of such Act. 

12 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

13 For necessary expenses to carry out the Food and 

14 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), 

15 $71,173,308,000, of which $3,000,000,000, to remain 

16 available through September 30, 2013, shall be placed in 

17 reserve for use only in such amounts and at such times 

18 as may become necessary to carry out program operations: 

19 Provided, That funds provided herein shall be expended 

20 in accordance with section 16 of the Food and Nutrition 

21 Act of 2008: Provided further, That this appropriation 

22 shall be subject to any work registration or workfare re23 quirements as may be required by law: Provided further, 

24 That funds made available for Employment and Training 

25 under this heading shall remain available until expended, 


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1 notwithstanding section 16(h)(1) of the Food and Nutri2 tion Act of 2008: Provided further, That of the funds made 

3 available under this heading, $1,000,000 may be used to 

4 provide nutrition education services to state agencies and 

5 Federally recognized tribes participating in the Food Dis6 tribution Program on Indian Reservations: Provided fur7 ther, That funds made available under this heading may 

8 be available to enter into contracts and employ staff to 

9 conduct studies, evaluations, or to conduct activities re10 lated to program integrity provided that such activities are 

11 authorized by the Food and Nutrition Act of 2008. 

12 COMMODITY ASSISTANCE PROGRAM

13 For necessary expenses to carry out disaster assist14 ance and the Commodity Supplemental Food Program as 

15 authorized by section 4(a) of the Agriculture and Con16 sumer Protection Act of 1973 (7 U.S.C. 612c note); the 

17 Emergency Food Assistance Act of 1983; special assist18 ance for the nuclear affected islands, as authorized by sec19 tion 103(f)(2) of the Compact of Free Association Amend20 ments Act of 2003 (Public Law 108–188); and the Farm21 ers’ Market Nutrition Program, as authorized by section 

22 17(m) of the Child Nutrition Act of 1966, $192,500,000 

23 (increased by $5,000,000), to remain available through 

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

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1 poration for commodities donated to the program: Pro2 vided further, That notwithstanding any other provision 

3 of law, effective with funds made available in fiscal year 

4 2012 to support the Seniors Farmers’ Market Nutrition 

5 Program, as authorized by section 4402 of the Farm Se6 curity and Rural Investment Act of 2002, such funds shall 

7 remain available through September 30, 2013: Provided 

8 further, That of the funds made available under section 

9 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 

10 2036(a)), the Secretary may use up to 10 percent for costs 

11 associated with the distribution of commodities. 

12 NUTRITION PROGRAMS ADMINISTRATION

13 For necessary administrative expenses of the Food 

14 and Nutrition Service for carrying out any domestic nutri15 tion assistance program, $125,000,000: Provided, That of 

16 the funds provided herein, $1,500,000 shall be used for 

17 the purposes of section 4404 of Public Law 107–171, as 

18 amended by section 4401 of Public Law 110–246. 


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1 TITLE V 

2 FOREIGN ASSISTANCE AND RELATED 

3 PROGRAMS 

4 FOREIGN AGRICULTURAL SERVICE

5 SALARIES AND EXPENSES

6 (INCLUDING TRANSFERS OF FUNDS)

7 For necessary expenses of the Foreign Agricultural 

8 Service, including not to exceed $158,000 for representa9 tion allowances and for expenses pursuant to section 8 of 

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

11 $175,000,000 (reduced by $2,500,000): Provided, That 

12 the Service may utilize advances of funds, or reimburse 

13 this appropriation for expenditures made on behalf of Fed14 eral agencies, public and private organizations and institu15 tions under agreements executed pursuant to the agricul16 tural food production assistance programs (7 U.S.C. 

17 1737) and the foreign assistance programs of the United 

18 States Agency for International Development: Provided 

19 further, That funds made available for middle-income 

20 country training programs, funds made available for the 

21 Borlaug International Agricultural Science and Tech22 nology Fellowship program, and up to $2,000,000 of the 

23 Foreign Agricultural Service appropriation solely for the 

24 purpose of offsetting fluctuations in international currency 

25 exchange rates, subject to documentation by the Foreign 


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1 Agricultural Service, shall remain available until ex2 pended. 

3 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD

4 FOR PROGRESS PROGRAM ACCOUNT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For administrative expenses to carry out the credit 

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

8 480) and the Food for Progress Act of 1985, $2,385,000, 

9 which shall be paid to the appropriation for ‘‘Farm Service 

10 Agency, Salaries and Expenses’’: Provided, That funds 

11 made available for the cost of agreements under title I 

12 of the Agricultural Trade Development and Assistance Act 

13 of 1954 and for title I ocean freight differential may be 

14 used interchangeably between the two accounts with prior 

15 notice to the Committees on Appropriations of both 

16 Houses of Congress. 

17 FOOD FOR PEACE TITLE II GRANTS

18 For expenses during the current fiscal year, not oth19 erwise recoverable, and unrecovered prior years’ costs, in20 cluding interest thereon, under the Food for Peace Act 

21 (Public Law 83–480, as amended), for commodities sup22 plied in connection with dispositions abroad under title II 

23 of said Act, $1,040,198,000, to remain available until ex24 pended. 


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1 COMMODITY CREDIT CORPORATION EXPORT (LOANS)

2 CREDIT GUARANTEE PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For administrative expenses to carry out the Com5 modity Credit Corporation’s export guarantee program, 

6 GSM 102 and GSM 103, $6,820,000; to cover common 

7 overhead expenses as permitted by section 11 of the Com8 modity Credit Corporation Charter Act and in conformity 

9 with the Federal Credit Reform Act of 1990, of which 

10 $6,465,000 shall be paid to the appropriation for ‘‘Foreign 

11 Agricultural Service, Salaries and Expenses’’, and of 

12 which $355,000 shall be paid to the appropriation for 

13 ‘‘Farm Service Agency, Salaries and Expenses’’. 

14 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

15 AND CHILD NUTRITION PROGRAM GRANTS

16 For necessary expenses to carry out the provisions 

17 of section 3107 of the Farm Security and Rural Invest18 ment Act of 2002 (7 U.S.C. 1736o–1), $180,000,000, to 

19 remain available until expended: Provided, That the Com20 modity Credit Corporation is authorized to provide the 

21 services, facilities, and authorities for the purpose of im22 plementing such section, subject to reimbursement from 

23 amounts provided herein. 


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1 TITLE VI 

2 RELATED AGENCIES AND FOOD AND DRUG 

3 ADMINISTRATION 

4 DEPARTMENT OF HEALTH AND HUMAN SERVICES

5 FOOD AND DRUG ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Food and Drug Ad8 ministration, including hire and purchase of passenger 

9 motor vehicles; for payment of space rental and related 

10 costs pursuant to Public Law 92–313 for programs and 

11 activities of the Food and Drug Administration which are 

12 included in this Act; for rental of special purpose space 

13 in the District of Columbia or elsewhere; for miscellaneous 

14 and emergency expenses of enforcement activities, author15 ized and approved by the Secretary and to be accounted 

16 for solely on the Secretary’s certificate, not to exceed 

17 $25,000; and notwithstanding section 521 of Public Law 

18 107–188; $3,654,148,000: Provided, That of the amount 

19 provided under this heading, $856,041,000 shall be de20 rived from prescription drug user fees authorized by 21 

21 U.S.C. 379h, and shall be credited to this account and 

22 remain available until expended, and shall not include any 

23 fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed 

24 for fiscal year 2013 but collected in fiscal year 2012; 

25 $67,118,000 shall be derived from medical device user fees 


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1 authorized by 21 U.S.C. 379j, and shall be credited to this 

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

3 shall be derived from animal drug user fees authorized by 

4 section 740 of the Federal Food, Drug, and Cosmetic Act 

5 (21 U.S.C. 379j–12), and shall be credited to this account 

6 and remain available until expended; $5,706,000 shall be 

7 derived from animal generic drug user fees authorized by 

8 section 741 of the Federal Food, Drug, and Cosmetic Act 

9 (21 U.S.C. 379j–21), and shall be credited to this account 

10 and shall remain available until expended; and 

11 $477,000,000 shall be derived from tobacco product user 

12 fees authorized by 21 U.S.C. 387s and shall be credited 

13 to this account and remain available until expended; 

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

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

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

17 the Food Safety Modernization Act (Public Law 111– 

18 353), and shall be credited to this account and remain 

19 available until expended; $14,700,000 shall be derived 

20 from food reinspection fees authorized by section 743 of 

21 the Federal Food, Drug, and Cosmetic Act (Public Law 

22 75–717), as amended by the Food Safety Modernization 

23 Act (Public Law 111–353), and shall be credited to this 

24 account and remain available until expended; and 

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1 porter program fees authorized by section 743 of the Fed2 eral Food, Drug, and Cosmetic Act (Public Law 75–717), 

3 as amended by the Food Safety Modernization Act (Public 

4 Law 111–353), and shall be credited to this account and 

5 remain available until expended: Provided further, That 

6 fees derived from prescription drug, medical device, animal 

7 drug, animal generic drug, and tobacco product assess8 ments for fiscal year 2012 received during fiscal year 

9 2012, including any such fees assessed prior to fiscal year 

10 2012 but credited for fiscal year 2012, shall be subject 

11 to the fiscal year 2012 limitations: Provided further, That 

12 in addition and notwithstanding any other provision under 

13 this heading, amounts collected for prescription drug user 

14 fees that exceed the fiscal year 2012 limitation are appro15 priated and shall be credited to this account and remain 

16 available until expended: Provided further, That of the 

17 total amount appropriated: (1) $799,820,000 shall be for 

18 the Center for Food Safety and Applied Nutrition and re19 lated field activities in the Office of Regulatory Affairs; 

20 (2) $1,031,205,000 shall be for the Center for Drug Eval21 uation and Research and related field activities in the Of22 fice of Regulatory Affairs; (3) $327,651,000 shall be for 

23 the Center for Biologics Evaluation and Research and for 

24 related field activities in the Office of Regulatory Affairs; 

25 (4) $157,874,000 shall be for the Center for Veterinary 


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1 Medicine and for related field activities in the Office of 

2 Regulatory Affairs; (5) $321,171,000 shall be for the Cen3 ter for Devices and Radiological Health and for related 

4 field activities in the Office of Regulatory Affairs; (6) 

5 $51,461,000 shall be for the National Center for Toxi6 cological Research; (7) $454,751,000 shall be for the Cen7 ter for Tobacco Products and for related field activities 

8 in the Office of Regulatory Affairs; (8) not to exceed 

9 $124,273,000 shall be for Rent and Related activities, of 

10 which $37,073,000 is for White Oak Consolidation, other 

11 than the amounts paid to the General Services Adminis12 tration for rent; (9) not to exceed $177,130,000 shall be 

13 for payments to the General Services Administration for 

14 rent; and (10) $208,812,000 shall be for other activities, 

15 including the Office of the Commissioner; the Office of 

16 Foods; the Office of the Chief Scientist; the Office of Pol17 icy, Planning and Budget; the Office of International Pro18 grams; the Office of Administration; and central services 

19 for these offices: Provided further, That not to exceed 

20 $25,000 of this amount shall be for official reception and 

21 representation expenses, not otherwise provided for, as de22 termined by the Commissioner: Provided further, That 

23 funds may be transferred from one specified activity to 

24 another with the prior approval of the Committees on Ap25 propriations of both Houses of Congress. 


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1 In addition, mammography user fees authorized by 

2 42 U.S.C. 263b, export certification user fees authorized 

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

4 by 21 U.S.C. 360n may be credited to this account, to 

5 remain available until expended. 

6 BUILDINGS AND FACILITIES

7 For plans, construction, repair, improvement, exten8 sion, alteration, and purchase of fixed equipment or facili9 ties of or used by the Food and Drug Administration, 

10 where not otherwise provided, $8,788,000, to remain 

11 available until expended. 

12 INDEPENDENT AGENCIES 

13 COMMODITY FUTURES TRADING COMMISSION

14 For necessary expenses to carry out the provisions 

15 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in16 cluding the purchase and hire of passenger motor vehicles, 

17 and the rental of space (to include multiple year leases) 

18 in the District of Columbia and elsewhere, $171,930,000, 

19 to remain available until September 30, 2013, including 

20 not to exceed $3,000 for official reception and representa21 tion expenses, and not to exceed $25,000 for the expenses 

22 for consultations and meetings hosted by the Commission 

23 with foreign governmental and other regulatory officials. 


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1 FARM CREDIT ADMINISTRATION

2 LIMITATION ON ADMINISTRATIVE EXPENSES

3 Not to exceed $62,000,000 (from assessments col4 lected from farm credit institutions, including the Federal 

5 Agricultural Mortgage Corporation) shall be obligated 

6 during the current fiscal year for administrative expenses 

7 as authorized under 12 U.S.C. 2249: Provided, That this 

8 limitation shall not apply to expenses associated with re9 ceiverships. 

10 TITLE VII 

11 GENERAL PROVISIONS 

12 (INCLUDING CANCELLATIONS, RECISSIONS AND

13 TRANSFERS OF FUNDS)

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

15 appropriations and authorizations made for the Depart16 ment of Agriculture for the current fiscal year under this 

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

18 specifically provided for, of not to exceed 461 passenger 

19 motor vehicles, of which 456 shall be for replacement only, 

20 and for the hire of such vehicles. 

21 SEC. 702. The Secretary of Agriculture may transfer 

22 unobligated balances of discretionary funds appropriated 

23 by this Act or other available unobligated discretionary 

24 balances of the Department of Agriculture to the Working 

25 Capital Fund for the acquisition of plant and capital 


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1 equipment necessary for the delivery of financial, adminis2 trative, and information technology services of primary 

3 benefit to the agencies of the Department of Agriculture: 

4 Provided, That none of the funds made available by this 

5 Act or any other Act shall be transferred to the Working 

6 Capital Fund without the prior notification to the agency 

7 administrator: Provided further, That none of the funds 

8 transferred to the Working Capital Fund pursuant to this 

9 section shall be available for obligation without the prior 

10 notification to the Committees on Appropriations of both 

11 Houses of Congress: Provided further, That of annual in12 come amounts in the Working Capital Fund of the De13 partment of Agriculture allocated for the National Fi14 nance Center, the Secretary may reserve not more than 

15 4 percent for the replacement or acquisition of capital 

16 equipment, including equipment for the improvement and 

17 implementation of a financial management plan, informa18 tion technology, and other systems of the National Fi19 nance Center or to pay any unforeseen, extraordinary cost 

20 of the National Finance Center: Provided further, That 

21 none of the amounts reserved shall be available for obliga22 tion unless the Secretary submits notification of the obli23 gation to the Committees on Appropriations of the House 

24 of Representatives and the Senate: Provided further, That 

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1 tion to Congressional Committees shall not apply to any 

2 obligation that, as determined by the Secretary, is nec3 essary to respond to a declared state of emergency that 

4 significantly impacts the operations of the National Fi5 nance Center; or to evacuate employees of the National 

6 Finance Center to a safe haven to continue operations of 

7 the National Finance Center. 

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

9 this Act shall remain available for obligation beyond the 

10 current fiscal year unless expressly so provided herein. 

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

12 used to pay negotiated indirect cost rates on cooperative 

13 agreements or similar arrangements between the Depart14 ment of Agriculture and nonprofit institutions in excess 

15 of 10 percent of the total direct cost of the agreement 

16 when the purpose of such cooperative arrangements is to 

17 carry out programs of mutual interest between the two 

18 parties. This does not preclude appropriate payment of in19 direct costs on grants and contracts with such institutions 

20 when such indirect costs are computed on a similar basis 

21 for all agencies for which appropriations are provided in 

22 this Act. 

23 SEC. 705. Appropriations to the Department of Agri24 culture for the cost of direct and guaranteed loans made 

25 available in the current fiscal year shall remain available 


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1 until expended to disburse obligations made in the current 

2 fiscal year for the following accounts: the Rural Develop3 ment Loan Fund program account, the Rural Electrifica4 tion and Telecommunication Loans program account, and 

5 the Rural Housing Insurance Fund program account. 

6 SEC. 706. None of the funds appropriated by this Act 

7 may be used to carry out section 410 of the Federal Meat 

8 Inspection Act (21 U.S.C. 679a) or section 30 of the Poul9 try Products Inspection Act (21 U.S.C. 471). 

10 SEC. 707. None of the funds made available to the 

11 Department of Agriculture by this Act may be used to ac12 quire new information technology systems or significant 

13 upgrades, as determined by the Office of the Chief Infor14 mation Officer, without the approval of the Chief Informa15 tion Officer and the concurrence of the Executive Informa16 tion Technology Investment Review Board: Provided, That 

17 notwithstanding any other provision of law, none of the 

18 funds appropriated or otherwise made available by this 

19 Act may be transferred to the Office of the Chief Informa20 tion Officer unless prior notification has been transmitted 

21 to the Committees on Appropriations of both Houses of 

22 Congress: Provided further, That none of the funds avail23 able to the Department of Agriculture for information 

24 technology shall be obligated for projects over $25,000 


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1 prior to receipt of written approval by the Chief Informa2 tion Officer. 

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

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

5 section 524(b) of the Federal Crop Insurance Act (7 

6 U.S.C. 1524(b)) in the current fiscal year shall remain 

7 available until expended to disburse obligations made in 

8 the current fiscal year. 

9 SEC. 709. Notwithstanding any other provision of 

10 law, any former RUS borrower that has repaid or prepaid 

11 an insured, direct or guaranteed loan under the Rural 

12 Electrification Act of 1936, or any not-for-profit utility 

13 that is eligible to receive an insured or direct loan under 

14 such Act, shall be eligible for assistance under section 

15 313(b)(2)(B) of such Act in the same manner as a bor16 rower under such Act. 

17 SEC. 710. Notwithstanding any other provision of 

18 law, for the purposes of a grant under section 412 of the 

19 Agricultural Research, Extension, and Education Reform 

20 Act of 1998, none of the funds in this or any other Act 

21 may be used to prohibit the provision of in-kind support 

22 from non-Federal sources under section 412(e)(3) of such 

23 Act in the form of unrecovered indirect costs not otherwise 

24 charged against the grant, consistent with the indirect 

25 rate of cost approved for a recipient. 


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1 SEC. 711. Except as otherwise specifically provided 

2 by law, unobligated balances remaining available at the 

3 end of the fiscal year from appropriations made available 

4 for salaries and expenses in this Act for the Farm Service 

5 Agency and the Rural Development mission area, shall re6 main available through September 30, 2013, for informa7 tion technology expenses. 

8 SEC. 712. The Secretary of Agriculture may author9 ize a State agency to use funds provided in this Act to 

10 exceed the maximum amount of liquid infant formula 

11 specified in 7 CFR 246.10 when issuing liquid infant for12 mula to participants. 

13 SEC. 713. None of the funds appropriated or other14 wise made available by this Act may be used for first-class 

15 travel by the employees of agencies funded by this Act in 

16 contravention of sections 301–10.122 through 301–10.124 

17 of title 41, Code of Federal Regulations. 

18 SEC. 714. In the case of each program established 

19 or amended by the Food, Conservation, and Energy Act 

20 of 2008 (Public Law 110–246), other than by title I or 

21 subtitle A of title III of such Act, that is authorized or 

22 required to be carried out using funds of the Commodity 

23 Credit Corporation— 

24 (1) such funds shall be available for salaries 

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1 nical assistance, associated with the implementation 

2 of the program, without regard to the limitation on 

3 the total amount of allotments and fund transfers 

4 contained in section 11 of the Commodity Credit 

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

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

7 not be considered to be a fund transfer or allotment 

8 for purposes of applying the limitation on the total 

9 amount of allotments and fund transfers contained 

10 in such section. 

11 SEC. 715. In carrying out subsection (h) of section 

12 502 of the Housing Act of 1949, the Secretary may use 

13 the authority described in subsections (h) and (j) of sec14 tion 538 of such Act. 

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

16 Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is 

17 amended— 

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

19 2008 through 2012’’ and inserting ‘‘certain fiscal 

20 years’’; and 

21 (2) in the text, by striking ‘‘2012’’ and insert22 ing ‘‘2014’’. 

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

25 2007 to carry out section 601 of the Rural Electrification 


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

2 shall remain available until expended to disburse valid ob3 ligations made in fiscal years 2005, 2006, 2007, and 

4 2008. 

5 SEC. 718. None of the funds appropriated or other6 wise made available by this Act or any other Act shall 

7 be used to pay the salaries and expenses of personnel to 

8 carry out a program under subsection (b)(2)(A)(iv) of sec9 tion 14222 of Public Law 110–246 in excess of 

10 $948,000,000, as follows: Child Nutrition Programs Enti11 tlement Commodities – $465,000,000; State Option Con12 tract – $5,000,000; Removal of Defective Commodities – 

13 $2,500,000; Disaster Relief – $5,000,000; Additional 

14 Fruits, Vegetables, and Nuts Purchases –$206,000,000; 

15 Fresh Fruit and Vegetable Program – $20,000,000; Esti16 mated Future Needs – $196,713,000; and, Administrative 

17 Funds – $47,787,000: Provided, That none of the funds 

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

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

20 of the Richard B. Russell National School Lunch Act as 

21 amended by section 4304 of Public Law 110–246 in excess 

22 of $20,000,000, including the transfer of funds under sub23 section (c) of section 14222 of Public Law 110–246, until 

24 October 1, 2012: Provided further, That $133,000,000 

25 made available on October 1, 2012, to carry out section 


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1 19(i)(1)(E) of the Richard B. Russell National School 

2 Lunch Act as amended by section 4304 of Public Law 

3 110–246 shall be excluded from the limitation described 

4 in subsection (b)(2)(A)(v) of section 14222 of Public Law 

5 110–246: Provided further, That none of the funds appro6 priated or otherwise made available by this or any other 

7 Act shall be used to pay the salaries or expenses of any 

8 employee of the Department of Agriculture or officer of 

9 the Commodity Credit Corporation to carry out clause (3) 

10 of section 32 of the Act of August 24, 1935 (7 U.S.C. 

11 612c), or for any surplus removal activities or price sup12 port activities under section 5 of the Commodity Credit 

13 Corporation Charter Act: Provided further, That of the 

14 available unobligated balances under (b)(2)(A)(iv) of sec15 tion 14222 of Public Law 110–246, $150,000,000 are 

16 hereby rescinded. 

17 SEC. 719. Of the funds made available by this Act, 

18 not more than $1,800,000 shall be used to cover necessary 

19 expenses of activities related to all advisory committees, 

20 panels, commissions, and task forces of the Department 

21 of Agriculture, except for panels used to comply with nego22 tiated rule makings and panels used to evaluate competi23 tively awarded grants. 

24 SEC. 720. None of the funds in this Act shall be avail25 able to pay indirect costs charged against any agricultural 


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1 research, education, or extension grant awards issued by 

2 the National Institute of Food and Agriculture that exceed 

3 30 percent of total Federal funds provided under each 

4 award: Provided, That notwithstanding section 1462 of 

5 the National Agricultural Research, Extension, and 

6 Teaching Policy Act of 1977 (7 U.S.C. 3310), funds pro7 vided by this Act for grants awarded competitively by the 

8 National Institute of Food and Agriculture shall be avail9 able to pay full allowable indirect costs for each grant 

10 awarded under section 9 of the Small Business Act (15 

11 U.S.C. 638). 

12 SEC. 721. None of the funds made available by this 

13 or any other Act may be used to write, prepare, develop, 

14 or publish a final rule or an interim final rule in further15 ance of, or otherwise to implement, the proposed rule enti16 tled ‘‘Implementation of Regulations Required Under Title 

17 XI of the Food, Conservation, and Energy Act of 2008; 

18 Conduct in Violation of the Act’’ (75 Fed. Reg. 35338 

19 (June 22, 2010)). 

20 SEC. 722. The unobligated balances available for the 

21 Natural Resources Conservation Service, Forestry Incen22 tives Program, as identified by Treasury Appropriation 

23 Fund Symbol 12X3336, $5,500,000 are rescinded, and 

24 the unobligated balances available for the Natural Re25 sources Conservation Service, Great Plains Conservation 


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1 Program, as identified by Treasury Appropriation Fund 

2 Symbol 12X2268, $500,000 are rescinded. 

3 SEC. 723. Of the unobligated balances provided pur4 suant to section 16(h)(1)(A) of the Food and Nutrition 

5 Act of 2008, $11,000,000 is hereby rescinded. 

6 SEC. 724. Section 1238E(a) of the Food Security Act 

7 of 1985 (16 U.S.C. 3838e(a)) is amended by striking 

8 ‘‘2012’’ and inserting ‘‘2014’’. 

9 SEC. 725. (a) Section 1240B(a) of the Food Security 

10 Act of 1985 (16 U.S.C. 3839aa–2(a)) is amended by strik11 ing ‘‘2012’’ and inserting ‘‘2014’’. 

12 (b) Section 1241(a)(6)(E) of the Food Security Act 

13 of 1985 (16 U.S.C. 3841(a)(6)(E)) is amended by striking 

14 ‘‘fiscal year 2012’’ and inserting ‘‘each of fiscal years 

15 2012 through 2014’’. 

16 SEC. 726. Section 1241(a) of the Food Security Act 

17 of 1985 (16 U.S.C. 3841(a)) is amended— 

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

19 striking ‘‘2012,’’ and inserting ‘‘2012 (and fiscal 

20 year 2014 in the case of the programs specified in 

21 paragraphs (3)(B), (4), (6), and (7)),’’; and 

22 (2) in paragraph (4)(E), by striking ‘‘fiscal year 

23 2012’’ and inserting ‘‘each of fiscal years 2012 

24 through 2014’’. 


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1 SEC. 727. Section 1241(a)(7)(D) of the Food Secu2 rity Act of 1985 (16 U.S.C. 3841(a)(7)(D)) is amended 

3 by striking ‘‘2012’’ and inserting ‘‘2014’’. 

4 SEC. 728. None of the funds appropriated or other5 wise made available by this or any other Act shall be used 

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

7 the following: 

8 (1) The Conservation Stewardship Program au9 thorized by sections 1238D–1238G of the Food Se10 curity of Act 1985 (16 U.S.C. 3838d–3838g) in ex11 cess of $634,000,000. 

12 (2) The Watershed Rehabilitation program au13 thorized by section 14(h) of the Watershed Protec14 tion and Flood Prevention Act (16 U.S.C. 1012(h)). 

15 (3) The Environmental Quality Incentives Pro16 gram as authorized by sections 1241–1240H of the 

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

18 3839aa-8) in excess of $1,400,000,000. 

19 (4) The Farmland Protection Program as au20 thorized by section 1238I of the Food Security Act 

21 of 1985 (16 U.S.C. 3838i) in excess of 

22 $150,000,000. 

23 (5) The Grassland Reserve Program as author24 ized by sections 1238O–1238Q of the Food Security 


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

2 209,000 acres in fiscal year 2012. 

3 (6) The Wetlands Reserve Program authorized 

4 by sections 1237–1237F of the Food Security Act of 

5 1985 (16 U.S.C. 3837–3837f) to enroll in excess of 

6 185,800 acres in fiscal year 2012. 

7 (7) The Wildlife Habitat Incentives Act author8 ized by section 1240N of the Food Security Act of 

9 1985 (16 U.S.C. 3839bb–1)) in excess of 

10 $50,000,000. 

11 (8) The Voluntary Public Access and Habitat 

12 Incentives Program authorized by section 1240R of 

13 the Food Security Act of 1985 (16 U.S.C. 3839bb– 

14 5). 

15 (9) The Biomass Crop Assistance Program au16 thorized by section 9011 of the Farm Security and 

17 Rural Investment Act of 2002 (7 U.S.C. 8111). 

18 (10) The Bioenergy Program for Advanced 

19 Biofuels authorized by section 9005 of the Farm Se20 curity and Rural Investment Act of 2002 (7 U.S.C. 

21 8105) in excess of $55,000,000. 

22 (11) The Rural Energy for America Program 

23 authorized by section 9007 of the Farm Security 

24 and Rural Investment Act of 2002 (7 U.S.C. 8107). 


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1 (12) The Rural Microentrepreneur Assistance 

2 Program authorized by section 6022 of the Farm 

3 Security and Rural Investment Act of 2002 (7 

4 U.S.C. 2008s). 

5 (13) Section 508(d)(3) of the Federal Crop In6 surance Act (7 U.S.C. 1508(d)(3)) to provide a per7 formance-based premium discount in the crop insur8 ance program. 

9 (14) Agricultural Management Assistance Pro10 gram as authorized by section 524 of the Federal 

11 Crop Insurance Act, as amended (7 U.S.C. 1524) in 

12 excess of $2,500,000 for the Natural Resources con13 servation Service. 

14 SEC. 729. The funds made available in Public Law 

15 111–344 through February 12, 2012 for trade adjustment 

16 for farmers are hereby rescinded. 

17 SEC. 730. None of the funds appropriated or other18 wise made available by this Act shall be used to pay the 

19 salaries and expenses of personnel to carry out the emer20 gency food assistance program authorized by section 27(a) 

21 of the Food and Nutrition Stamp Act of 2008 (7 U.S.C. 

22 2036(a)) if such program exceeds $200,000,000. 

23 SEC. 731. (a) CLOSURE AND CONVEYANCE OF AGRI24 CULTURAL RESEARCH SERVICE FACILITIES.—The Sec25 retary of Agriculture may close up to 10 facilities of the 


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1 Agricultural Research Service, as proposed in the budget 

2 of the President for fiscal year 2012 submitted to Con3 gress pursuant to section 1105 of title 31, United States 

4 Code. 

5 (b) CONVEYANCE AUTHORITY.—With respect to an 

6 Agricultural Research Service facility to be closed pursu7 ant to subsection (a), the Secretary of Agriculture may 

8 convey, with or without consideration, all right, title, and 

9 interest of the United States in and to any real property, 

10 including improvements and equipment thereon, of the fa11 cility to an eligible entity specified in subsection (c). If 

12 the Agricultural Research Service facility consists of more 

13 than one parcel of real property, the Secretary may convey 

14 each parcel separately and to different eligible entities. 

15 (c) ENTITIES.—The following entities are eligible to 

16 receive real property under subsection (b): 

17 (1) Land-grant colleges and universities (as de18 fined in section 1404(13) of the National Agricul19 tural Research, Extension, and Teaching Policy Act 

20 of 1977 (7 U.S.C. 3103(13)). 

21 (2) 1994 Institutions (as defined in section 532 

22 of the Equity in Educational Land-Grant Status Act 

23 of 1994 (7 U.S.C. 301 note; Public Law 103–382)). 

24 (3) Hispanic-serving agricultural colleges and 

25 universities (as defined in section 1404(10) of the 


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1 National Agricultural Research, Extension, and 

2 Teaching Policy Act of 1977 (7 U.S.C. 3103(10)). 

3 (d) CONDITIONS ON RECEIPT.—As a condition of the 

4 conveyance of real property under subsection (b), the re5 cipient of the property must— 

6 (1) be located in the same State or territory of 

7 the United States in which the property is located; 

8 and 

9 (2) agree to accept and use the property for ag10 ricultural and natural resources research for a min11 imum of 25 years. 

12 SEC. 732. Section 9 of the Richard B. Russell Na13 tional School Lunch Act (42 U.S.C. 1758) is amended by 

14 adding at the end the following: 

15 ‘‘(l) FOOD DONATION PROGRAM.— 

16 ‘‘(1) IN GENERAL.—Each school and local edu17 cational agency participating in the school lunch 

18 program under this Act may donate any food not 

19 consumed under such program to eligible local food 

20 banks or charitable organizations. 

21 ‘‘(2) GUIDANCE.— 

22 ‘‘(A) IN GENERAL.—Not later than 180 

23 days after the date of the enactment of this 

24 subsection, the Secretary shall develop and pub25 lish guidance to schools and local educational 


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1 agencies participating in the school lunch pro2 gram under this Act to assist such schools and 

3 local educational agencies in donating food 

4 under this subsection. 

5 ‘‘(B) UPDATES.—The Secretary shall up6 date such guidance as necessary. 

7 ‘‘(3) LIABILITY.—Any school or local edu8 cational agency making donations pursuant to this 

9 subsection shall be exempt from civil and criminal li10 ability to the extent provided under the Bill Emer11 son Good Samaritan Food Donation Act (42 U.S.C. 

12 1791). 

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

14 ‘eligible local food banks or charitable organizations’ 

15 means any food bank or charitable organization 

16 which is exempt from tax under section 501(c)(3) of 

17 the Internal Revenue Code of 1986 (26 U.S.C. 

18 501(c)(3)).’’. 

19 SEC. 733. Notwithstanding this Act or any other Act, 

20 of the unobligated balances available to the Department 

21 of Agriculture from prior appropriations, with the excep22 tion of Rural Development and Domestic Food Programs, 

23 $63,000,000 in appropriated discretionary funds are here24 by rescinded: Provided, That no amounts may be re25 scinded from amounts that were designated by the ConVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6401 E:\BILLS\H2112.PP H2112

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1 gress as an emergency requirement pursuant to the Con2 current Resolution on the Budget or the Balanced Budget 

3 and Emergency Deficit Control Act of 1985, as amended. 

4 SEC. 734. None of the funds appropriated or other5 wise made available to the Department of Agriculture or 

6 the Food and Drug Administration shall be used to trans7 mit or otherwise make available to any non-Department 

8 of Agriculture or non-Department of Health and Human 

9 Services employee questions or responses to questions that 

10 are a result of information requested for the appropria11 tions hearing process. 

12 SEC. 735. (a) None of the funds provided by this Act, 

13 or provided by previous Appropriations Acts to the agen14 cies funded by this Act that remain available for obligation 

15 or expenditure in the current fiscal year, or provided from 

16 any accounts in the Treasury of the United States derived 

17 by the collection of fees available to the agencies funded 

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

19 through a reprogramming of funds, or in the case of the 

20 Department of Agriculture, through use of the authority 

21 provided by section 702(b) of the Department of Agri22 culture Organic Act of 1944 (7 U.S.C. 2257) or section 

23 8 of Public Law 89–106 (7 U.S.C. 2263), that— 

24 (1) creates new programs; 

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


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1 (3) increases funds or personnel by any means 

2 for any project or activity for which funds have been 

3 denied or restricted; 

4 (4) relocates an office or employees; 

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

6 or 

7 (6) contracts out or privatizes any functions or 

8 activities presently performed by Federal employees; 

9 unless the Secretary of Agriculture, the Secretary of 

10 Health and Human Services, or the Chairman of the Com11 modity Futures Trading Commission (as the case may be) 

12 notifies, in writing, the Committees on Appropriations of 

13 both Houses of Congress at least 30 days in advance of 

14 the reprogramming of such funds or the use of such au15 thority. 

16

17 (b) None of the funds provided by this Act, or pro18 vided by previous Appropriations Acts to the agencies 

19 funded by this Act that remain available for obligation or 

20 expenditure in the current fiscal year, or provided from 

21 any accounts in the Treasury of the United States derived 

22 by the collection of fees available to the agencies funded 

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

24 for activities, programs, or projects through a reprogram25 ming or use of the authorities referred to in subsection 


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1 (a) involving funds in excess of $500,000 or 10 percent, 

2 whichever is less, that— 

3 (1) augments existing programs, projects, or ac4 tivities; 

5 (2) reduces by 10 percent funding for any exist6 ing program, project, or activity, or numbers of per7 sonnel by 10 percent as approved by Congress; or 

8 (3) results from any general savings from a re9 duction in personnel which would result in a change 

10 in existing programs, activities, or projects as ap11 proved by Congress; unless the Secretary of Agri12 culture, the Secretary of Health and Human Serv13 ices, or the Chairman of the Commodity Futures 

14 Trading Commission (as the case may be) notifies, 

15 in writing, the Committees on Appropriations of 

16 both Houses of Congress at least 30 days in advance 

17 of the reprogramming of such funds or the use of 

18 such authority. 

19 (c) The Secretary of Agriculture, the Secretary of 

20 Health and Human Services, or the Chairman of the Com21 modity Futures Trading Commission shall notify the Com22 mittees on Appropriations of both Houses of Congress be23 fore implementing any program or activity not carried out 

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1 tivity is funded by this Act or specifically funded by any 

2 other Act. 

3 SEC. 736. None of the funds appropriated by this or 

4 any other Act shall be used to pay the salaries and ex5 penses of personnel who prepare or submit appropriations 

6 language as part of the President’s Budget submission to 

7 the Congress of the United States for programs under the 

8 jurisdiction of the Appropriations Subcommittees on Agri9 culture, Rural Development, Food and Drug Administra10 tion, and Related Agencies that assumes revenues or re11 flects a reduction from the previous year due to user fees 

12 proposals that have not been enacted into law prior to the 

13 submission of the Budget unless such Budget submission 

14 identifies which additional spending reductions should 

15 occur in the event the user fees proposals are not enacted 

16 prior to the date of the convening of a committee of con17 ference for the fiscal year 2013 appropriations Act. 

18 SEC. 737. Unless otherwise authorized by existing 

19 law, none of the funds provided in this Act, may be used 

20 by an executive branch agency to produce any pre21 packaged news story intended for broadcast or distribution 

22 in the United States unless the story includes a clear noti23 fication within the text or audio of the prepackaged news 

24 story that the prepackaged news story was prepared or 

25 funded by that executive branch agency. 


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1 SEC. 738. No employee of the Department of Agri2 culture may be detailed or assigned from an agency or 

3 office funded by this act to any other agency or office of 

4 the Department for more than 30 days unless the individ5 ual’s employing agency or office is fully reimbursed by the 

6 receiving agency or office for the salary and expenses of 

7 the employee for the period of assignment. 

8 SEC. 739. None of the funds made available in this 

9 Act may be used to pay the salaries or expenses of per10 sonnel to— 

11 (1) inspect horses under section 3 of the Fed12 eral Meat Inspection Act (21 U.S.C. 603); 

13 (2) inspect horses under section 903 of the 

14 Federal Agriculture Improvement and Reform Act of 

15 1996 (7 U.S.C. 1901 note; Public Law 104–127); or 

16 (3) implement or enforce section 352.19 of title 

17 9, Code of Federal Regulations. 

18 SEC. 740. None of the funds made available by this 

19 Act may be used to enter into a contract, memorandum 

20 of understanding, or cooperative agreement with, make a 

21 grant to, or provide a loan or loan guarantee to, any cor22 poration that was convicted (or had an officer or agent 

23 of such corporation acting on behalf of the corporation 

24 convicted) of a felony criminal violation under any Federal 

25 or State law within the preceding 24 months. 


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1 SEC. 741. None of the funds made available by this 

2 Act may be used to enter into a contract, memorandum 

3 of understanding, or cooperative agreement with, make a 

4 grant to, or provide a loan or loan guarantee to, any cor5 poration that any unpaid Federal tax liability that has 

6 been assessed, for which all judicial and administrative 

7 remedies have been exhausted or have lapsed, and that 

8 is not being paid in a timely manner pursuant to an agree9 ment with the authority responsible for collecting the tax 

10 liability. 

11 SPENDING REDUCTION ACCOUNT

12 SEC. 742. The amount by which the applicable alloca13 tion of new budget authority made by the Committee on 

14 Appropriations of the House of Representatives under sec15 tion 302(b) of the Congressional Budget Act of 1974 ex16 ceeds the amount of proposed new budget authority is $0 

17 (increased by $2,390,000). 

18 SEC. 743. Each amount made available by titles I 

19 through VI (other than an amount required to be made 

20 available by a provision of law) is hereby reduced by 0.78 

21 percent. 

22 SEC. 744. None of the funds made available by this 

23 Act to the Food and Drug Administration may be used 

24 to approve any application submitted under section 512 


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1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

2 360b) for approval of genetically engineered salmon. 

3 SEC. 745. None of the funds made available by this 

4 Act may be used to provide assistance under title II of 

5 the Food for Peace Act (7 U.S.C. 1721 et seq.) to the 

6 Democratic People’s Republic of Korea (North Korea). 

7 SEC. 746. None of the funds made available by this 

8 Act may be used to pay the salaries and expenses of per9 sonnel who provide nonrecourse marketing assistance 

10 loans for mohair under section 1201 of the Food, Con11 servation, and Energy Act of 2008 (7 U.S.C. 8731). 

12 SEC. 747. None of the funds made available by this 

13 Act may be used by the Department of Agriculture, the 

14 Food and Drug Administration, the Commodity Futures 

15 Trading Commission, or any other Federal Agency receiv16 ing funds under this Act to lease or purchase new light 

17 duty vehicles, for any executive fleet, or for an agency’s 

18 fleet inventory, except in accordance with Presidential 

19 Memorandum-Federal Fleet Performance, dated May 24, 

20 2011. 

21 SEC. 748. The amount otherwise provided by this Act 

22 for ‘‘Integrated Activities’’ is hereby increased by, and the 

23 amount otherwise provided by this Act for ‘‘National Insti24 tute of Food and Agriculture-research and education ac25 tivities’’ is hereby reduced (to be derived from amounts 


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1 for competitive grants (7 U.S.C. 22 450i(b))) by, 

2 $4,400,000, respectively. 

3 SEC. 749. None of the funds made available by this 

4 Act may be used to enforce section 526 of the Energy 

5 Independence and Security Act of 2007 (Public Law 110– 

6 140; 42 U.S.C. 17142). 

7 SEC. 750. None of the funds made available by this 

8 Act may be used to support any Know Your Farmer, 

9 Know Your Food initiative of the Department of Agri10 culture. 

11 SEC. 751. None of the funds made available by this 

12 Act may be used to provide payments (or to pay the sala13 ries and expenses of personnel to provide payments) to the 

14 Brazil Cotton Institute. 

15 SEC. 752. For the cost of broadband loans, as author16 ized by section 601 of the Rural Electrification Act of 

17 1936, to remain available until expended, there is hereby 

18 appropriated, and the amount otherwise provided by this 

19 Act for payments to the General Services Administration 

20 for rent under the heading ‘‘Agriculture Buildings and Fa21 cilities and Rental Payments’’ is hereby reduced by, 

22 $6,000,000. 

23 SEC. 753. None of the funds made available by this 

24 Act may be used for mifepristone, commonly known as 

25 RU–486. 


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1 SEC. 754. None of the funds made available by this 

2 Act may be used by the Commodity Futures Trading 

3 Commission to promulgate any final rules under para4 graph (13) or (14) of section 2(a) of the Commodity Ex5 change Act, as added by section 727 of the Dodd-Frank 

6 Wall Street Reform and Consumer Protection Act, until 

7 12 months after the promulgation of final swap trans8 action reporting rules under section 21 of the Commodity 

9 Exchange Act. 

10 SEC. 755. None of the funds made available by this 

11 Act may be used to implement the Departmental Regula12 tion of the Department of Agriculture entitled ‘‘Policy 

13 Statement on Climate Change Adaptation’’ (Departmental 

14 Regulation 1070–001 (June 3, 2011)). 

15 SEC. 756. For preventive measures authorized under 

16 the Watershed Protection and Flood Prevention Act (16 

17 U.S.C. 1001 et seq.) and the Soil Conservation and Do18 mestic Allotment Act (16 U.S.C. 590a et seq.), including 

19 research, engineering operations, methods of cultivation, 

20 the growing of vegetation, rehabilitation of existing struc21 tures, and changes in use of land, there is hereby appro22 priated, and the amount otherwise provided by this Act 

23 for ‘‘Agricultural Programs—Agriculture Buildings and 

24 Facilities and Rental Payments’’ is reduced by, 

25 $3,000,000, to remain available until expended. 


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1 SEC. 757. None of the funds made available by this 

2 Act may be used for the construction of an ethanol blender 

3 pump or an ethanol storage facility. 

4 This Act may be cited as the ‘‘Agriculture, Rural De5 velopment, Food and Drug Administration, and Related 

6 Agencies Appropriations Act, 2012’’. 

7 DIVISION A—AGRICULTURE, RURAL DE8 VELOPMENT, FOOD AND DRUG ADMIN9 ISTRATION, AND RELATED AGENCIES 

10 The following sums are appropriated, out of any 

11 money in the Treasury not otherwise appropriated, for Ag12 riculture, Rural Development, Food and Drug Administra13 tion, and Related Agencies programs for the fiscal year end14 ing September 30, 2012, and for other purposes, namely: 

15 TITLE I 

16 AGRICULTURAL PROGRAMS 

17 PRODUCTION, PROCESSING AND MARKETING

18 OFFICE OF THE SECRETARY

19 For necessary expenses of the Office of the Secretary 

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

21 $11,000 of this amount shall be available for official recep22 tion and representation expenses, not otherwise provided 

23 for, as determined by the Secretary. 


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1 OFFICE OF TRIBAL RELATIONS

2 For necessary expenses of the Office of Tribal Rela3 tions, $473,000, to support communication and consulta4 tion activities with Federally Recognized Tribes, as well as 

5 other requirements established by law. 

6 EXECUTIVE OPERATIONS

7 OFFICE OF THE CHIEF ECONOMIST

8 For necessary expenses of the Office of the Chief Econo9 mist, $11,408,000. 

10 NATIONAL APPEALS DIVISION

11 For necessary expenses of the National Appeals Divi12 sion, $13,514,000. 

13 OFFICE OF BUDGET AND PROGRAM ANALYSIS

14 For necessary expenses of the Office of Budget and Pro15 gram Analysis, $8,946,000. 

16 OFFICE OF HOMELAND SECURITY AND EMERGENCY

17 COORDINATION

18 For necessary expenses of the Office of Homeland Secu19 rity and Emergency Coordination, $1,421,000. 

20 OFFICE OF ADVOCACY AND OUTREACH

21 For necessary expenses of the Office of Advocacy and 

22 Outreach, $1,351,000. 

23 OFFICE OF THE CHIEF INFORMATION OFFICER

24 For necessary expenses of the Office of the Chief Infor25 mation Officer, $36,031,000. 


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1 OFFICE OF THE CHIEF FINANCIAL OFFICER

2 For necessary expenses of the Office of the Chief Finan3 cial Officer, $5,935,000: Provided, That no funds made 

4 available by this appropriation may be obligated for FAIR 

5 Act or Circular A–76 activities until the Secretary has sub6 mitted to the Committees on Appropriations of both Houses 

7 of Congress and the Committee on Oversight and Govern8 ment Reform of the House of Representatives a report on 

9 the Department’s contracting out policies, including agency 

10 budgets for contracting out. 

11 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

12 RIGHTS

13 For necessary expenses of the Office of the Assistant 

14 Secretary for Civil Rights, $848,000. 

15 OFFICE OF CIVIL RIGHTS

16 For necessary expenses of the Office of Civil Rights, 

17 $21,558,000. 

18 OFFICE OF THE ASSISTANT SECRETARY FOR

19 ADMINISTRATION

20 For necessary expenses of the Office of the Assistant 

21 Secretary for Administration, $764,000. 


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1 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

2 PAYMENTS

3 (INCLUDING TRANSFERS OF FUNDS)

4 For payment of space rental and related costs pursu5 ant to Public Law 92–313, including authorities pursuant 

6 to the 1984 delegation of authority from the Administrator 

7 of General Services to the Department of Agriculture under 

8 40 U.S.C. 486, for programs and activities of the Depart9 ment which are included in this Act, and for alterations 

10 and other actions needed for the Department and its agen11 cies to consolidate unneeded space into configurations suit12 able for release to the Administrator of General Services, 

13 and for the operation, maintenance, improvement, and re14 pair of Agriculture buildings and facilities, and for related 

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

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

17 General Services Administration for rent; of which 

18 $13,800,000 for payment to the Department of Homeland 

19 Security for building security activities; and of which 

20 $52,146,000 for buildings operations and maintenance ex21 penses: Provided, That the Secretary may use unobligated 

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

23 available for new obligation to cover shortfalls incurred in 

24 prior year rental payments for such agency or office: Pro25 vided further, That the Secretary is authorized to transfer 


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1 funds from a Departmental agency to this account to re2 cover the full cost of the space and security expenses of that 

3 agency that are funded by this account when the actual 

4 costs exceed the agency estimate which will be available for 

5 the activities and payments described herein. 

6 HAZARDOUS MATERIALS MANAGEMENT

7 (INCLUDING TRANSFERS OF FUNDS)

8 For necessary expenses of the Department of Agri9 culture, to comply with the Comprehensive Environmental 

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

11 9601 et seq.) and the Resource Conservation and Recovery 

12 Act (42 U.S.C. 6901 et seq.), $3,792,000, to remain avail13 able until expended: Provided, That appropriations and 

14 funds available herein to the Department for Hazardous 

15 Materials Management may be transferred to any agency 

16 of the Department for its use in meeting all requirements 

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

18 lands. 

19 DEPARTMENTAL ADMINISTRATION

20 (INCLUDING TRANSFERS OF FUNDS)

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

22 provide for necessary expenses for management support 

23 services to offices of the Department and for general admin24 istration, security, repairs and alterations, and other mis25 cellaneous supplies and expenses not otherwise provided for 


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1 and necessary for the practical and efficient work of the 

2 Department: Provided, That this appropriation shall be re3 imbursed from applicable appropriations in this Act for 

4 travel expenses incident to the holding of hearings as re5 quired by 5 U.S.C. 551–558: Provided further, That 

6 $8,000,000 of the amount made available by this heading 

7 shall be transferred to carry out the program authorized 

8 under section 14 of the Watershed Protection and Flood Pre9 vention Act (16 U.S.C. 1012). 

10 OFFICE OF THE ASSISTANT SECRETARY FOR

11 CONGRESSIONAL RELATIONS

12 (INCLUDING TRANSFERS OF FUNDS)

13 For necessary expenses of the Office of the Assistant 

14 Secretary for Congressional Relations to carry out the pro15 grams funded by this Act, including programs involving 

16 intergovernmental affairs and liaison within the executive 

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

18 transferred to agencies of the Department of Agriculture 

19 funded by this Act to maintain personnel at the agency 

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

21 this appropriation may be obligated after 30 days from the 

22 date of enactment of this Act, unless the Secretary has noti23 fied the Committees on Appropriations of both Houses of 

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

25 Provided further, That no other funds appropriated to the 


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1 Department by this Act shall be available to the Depart2 ment for support of activities of congressional relations. 

3 OFFICE OF COMMUNICATIONS

4 For necessary expenses of the Office of Communica5 tions, $8,105,000. 

6 OFFICE OF INSPECTOR GENERAL

7 For necessary expenses of the Office of Inspector Gen8 eral, including employment pursuant to the Inspector Gen9 eral Act of 1978, $84,121,000, including such sums as may 

10 be necessary for contracting and other arrangements with 

11 public agencies and private persons pursuant to section 

12 6(a)(9) of the Inspector General Act of 1978, and including 

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

14 expenses, including the payment of informants, to be ex15 pended under the direction of the Inspector General pursu16 ant to Public Law 95–452 and section 1337 of Public Law 

17 97–98. 

18 OFFICE OF THE GENERAL COUNSEL

19 For necessary expenses of the Office of the General 

20 Counsel, $39,345,000. 

21 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

22 EDUCATION AND ECONOMICS

23 For necessary expenses of the Office of the Under Sec24 retary for Research, Education and Economics, $848,000. 


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1 ECONOMIC RESEARCH SERVICE

2 For necessary expenses of the Economic Research Serv3 ice, $77,723,000. 

4 NATIONAL AGRICULTURAL STATISTICS SERVICE

5 For necessary expenses of the National Agricultural 

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

7 shall be available until expended for the Census of Agri8 culture. 

9 AGRICULTURAL RESEARCH SERVICE

10 SALARIES AND EXPENSES

11 For necessary expenses of the Agricultural Research 

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

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

14 land exchanges where the lands exchanged shall be of equal 

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

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

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

18 $1,094,647,000: Provided, That appropriations hereunder 

19 shall be available for the operation and maintenance of air20 craft and the purchase of not to exceed one for replacement 

21 only: Provided further, That appropriations hereunder shall 

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

23 alteration, and repair of buildings and improvements, but 

24 unless otherwise provided, the cost of constructing any one 

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


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

2 and except for 10 buildings to be constructed or improved 

3 at a cost not to exceed $750,000 each, and the cost of alter4 ing any one building during the fiscal year shall not exceed 

5 10 percent of the current replacement value of the building 

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

7 the limitations on alterations contained in this Act shall 

8 not apply to modernization or replacement of existing fa9 cilities at Beltsville, Maryland: Provided further, That ap10 propriations hereunder shall be available for granting ease11 ments at the Beltsville Agricultural Research Center: Pro12 vided further, That the foregoing limitations shall not apply 

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

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

15 funds may be received from any State, other political sub16 division, organization, or individual for the purpose of es17 tablishing or operating any research facility or research 

18 project of the Agricultural Research Service, as authorized 

19 by law. 

20 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

21 RESEARCH AND EDUCATION ACTIVITIES

22 For payments to agricultural experiment stations, for 

23 cooperative forestry and other research, for facilities, and 

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

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


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

2 (16 U.S.C. 582a through a–7), $32,934,000; for payments 

3 to eligible institutions (7 U.S.C. 3222), $50,898,000, pro4 vided that each institution receives no less than $1,000,000; 

5 for special grants (7 U.S.C. 450i(c)), $4,181,000; for com6 petitive grants on improved pest control (7 U.S.C. 450i(c)), 

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

8 $265,987,000, to remain available until expended; for the 

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

10 3195), $2,944,000; for supplemental and alternative crops 

11 and products (7 U.S.C. 3319d), $833,000; for grants for re12 search pursuant to the Critical Agricultural Materials Act 

13 (7 U.S.C. 178 et seq.), $1,081,000, to remain available until 

14 expended; for the 1994 research grants program for 1994 

15 institutions pursuant to section 536 of Public Law 103– 

16 382 (7 U.S.C. 301 note), $1,801,000, to remain available 

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

18 3333), $961,000; for higher education graduate fellowship 

19 grants (7 U.S.C. 3152(b)(6)), $3,774,000, to remain avail20 able until expended (7 U.S.C. 2209b); for a program pursu21 ant to section 1415A of the National Agricultural Research, 

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

23 3151a), $4,790,000, to remain available until expended; for 

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

25 $5,530,000; for a higher education multicultural scholars 


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

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

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

4 3241), $9,219,000; for competitive grants for the purpose 

5 of carrying out all provisions of 7 U.S.C. 3156 to indi6 vidual eligible institutions or consortia of eligible institu7 tions in Alaska and in Hawaii, with funds awarded equally 

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

9 for a secondary agriculture education program and 2-year 

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

11 aquaculture grants (7 U.S.C. 3322), $3,920,000; for sus12 tainable agriculture research and education (7 U.S.C. 

13 5811), $14,471,000; for a program of capacity building 

14 grants (7 U.S.C. 3152(b)(4)) to institutions eligible to re15 ceive funds under 7 U.S.C. 3221 and 3222, $19,336,000, 

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

17 capacity building grants for non-land-grant colleges of agri18 culture (7 U.S.C. 3319i), $5,000,000, to remain available 

19 until expended; for competitive grants for policy research 

20 (7 U.S.C. 3155), $4,000,000, which shall be obligated within 

21 120 days of the enactment of this Act; for payments to the 

22 1994 Institutions pursuant to section 534(a)(1) of Public 

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

24 for insular areas under section 1491 of the National Agri25 cultural Research, Extension, and Teaching Policy Act of 


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1 1977 (7 U.S.C. 3363), $898,000; for distance education 

2 grants for insular areas under section 1490 of the National 

3 Agricultural Research, Extension, and Teaching Policy Act 

4 of 1977 (7 U.S.C. 3362), $749,000; for a new era rural tech5 nology program pursuant to section 1473E of the National 

6 Agricultural Research, Extension, and Teaching Policy Act 

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

8 program for farm business management and benchmarking 

9 (7 U.S.C. 5925f), $1,497,000; for a competitive grants pro10 gram regarding biobased energy (7 U.S.C. 8114), 

11 $2,246,000; and for necessary expenses of Research and 

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

13 the Research, Education, and Economics Information Sys14 tem and $2,089,000 for the Electronic Grants Information 

15 System, are to remain available until expended. 

16 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

17 For the Native American Institutions Endowment 

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

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

20 HISPANIC-SERVING AGRICULTURAL COLLEGES AND

21 UNIVERSITIES ENDOWMENT FUND

22 For the Hispanic-Serving Agricultural Colleges and 

23 Universities Endowment Fund under section 1456 (7 

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1 sion, and Teaching Policy Act of 1977, $10,000,000, to re2 main available until expended. 

3 EXTENSION ACTIVITIES

4 For payments to States, the District of Columbia, 

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

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

7 as follows: payments for cooperative extension work under 

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

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

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

11 costs for extension agents, $295,800,000; payments for ex12 tension work at the 1994 Institutions under the Smith13 Lever Act (7 U.S.C. 343(b)(3)), $4,312,000; payments for 

14 the nutrition and family education program for low-income 

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

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

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

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

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

20 $1,660,000; payments to upgrade research, extension, and 

21 teaching facilities at institutions eligible to receive funds 

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

23 available until expended; payments for youth-at-risk pro24 grams under section 3(d) of the Smith-Lever Act, 

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1 cation extension grants, to be awarded competitively under 

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

3 out the provisions of the Renewable Resources Extension Act 

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

5 the federally recognized Tribes Extension Program under 

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

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

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

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

10 92–419 (7 U.S.C. 2662(i)), $1,735,000; payments for coop11 erative extension work by eligible institutions (7 U.S.C. 

12 3221), $42,592,000, provided that each institution receives 

13 no less than $1,000,000; payments to carry out the food ani14 mal residue avoidance database program as authorized by 

15 7 U.S.C. 7642, $1,000,000; payments to carry out section 

16 1672(e)(49) of the Food, Agriculture, Conservation, and 

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

18 and for necessary expenses of Extension Activities, 

19 $8,388,000. 

20 INTEGRATED ACTIVITIES

21 For the integrated research, education, and extension 

22 grants programs, including necessary administrative ex23 penses, $25,948,000, as follows: for competitive grants pro24 grams authorized under section 406 of the Agricultural Re25 search, Extension, and Education Reform Act of 1998 (7 


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

2 water quality program, $2,994,000 for regional pest man3 agement centers, $1,996,000 for the methyl bromide transi4 tion program, and $3,992,000 for the organic transition 

5 program; for a competitive international science and edu6 cation grants program authorized under section 1459A of 

7 the National Agricultural Research, Extension, and Teach8 ing Policy Act of 1977 (7 U.S.C. 3292b), to remain avail9 able until expended, $998,000; $998,000 for the regional 

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

11 Food and Agriculture Defense Initiative authorized under 

12 section 1484 of the National Agricultural Research, Exten13 sion, and Teaching Policy Act of 1977, to remain available 

14 until September 30, 2013. 

15 OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

16 REGULATORY PROGRAMS

17 For necessary expenses of the Office of the Under Sec18 retary for Marketing and Regulatory Programs, $848,000. 

19 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses of the Animal and Plant 

23 Health Inspection Service, including up to $30,000 for rep24 resentation allowances and for expenses pursuant to the 

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


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1 $820,110,000, of which $1,000,000, to be available until ex2 pended, shall be available for the control of outbreaks of in3 sects, plant diseases, animal diseases and for control of pest 

4 animals and birds (‘‘contingency fund’’) to the extent nec5 essary to meet emergency conditions; of which $17,848,000, 

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

7 cotton pests program for cost share purposes or for debt re8 tirement for active eradication zones; of which $7,000,000, 

9 to remain available until expended, shall be for Animal 

10 Disease Traceability; of which $891,000 shall be for activi11 ties under the authority of the Horse Protection Act of 1970, 

12 as amended (15 U.S.C. 1831); of which $48,733,000, to re13 main available until expended, shall be used to support 

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

15 expended, shall be for information technology infrastruc16 ture; of which $153,950,000, to remain available until ex17 pended, shall be for specialty crop pests; of which 

18 $9,068,000, to remain available until expended, shall be for 

19 field crop and rangeland ecosystem pests; of which 

20 $58,962,000, to remain available until expended, shall be 

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

22 available until expended, shall be for the National Veteri23 nary Stockpile; of which up to $1,500,000, to remain avail24 able until expended, shall be for the scrapie program for 

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


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1 expended, shall be for wildlife services methods development; 

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

3 shall be for the wildlife services damage management pro4 gram for aviation safety; and of which $5,000,000, to re5 main available until expended, shall be for the screwworm 

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

7 formulate or administer a brucellosis eradication program 

8 for the current fiscal year that does not require minimum 

9 matching by the States of at least 40 percent: Provided fur10 ther, That this appropriation shall be available for the oper11 ation and maintenance of aircraft and the purchase of not 

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

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

14 threaten any segment of the agricultural production indus15 try of this country, the Secretary may transfer from other 

16 appropriations or funds available to the agencies or cor17 porations of the Department such sums as may be deemed 

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

19 arrest and eradication of contagious or infectious disease 

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

21 in accordance with sections 10411 and 10417 of the Animal 

22 Health Protection Act (7 U.S.C. 8310 and 8316) and sec23 tions 431 and 442 of the Plant Protection Act (7 U.S.C. 

24 7751 and 7772), and any unexpended balances of funds 

25 transferred for such emergency purposes in the preceding 


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1 fiscal year shall be merged with such transferred amounts: 

2 Provided further, That appropriations hereunder shall be 

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

4 and alteration of leased buildings and improvements, but 

5 unless otherwise provided the cost of altering any one build6 ing during the fiscal year shall not exceed 10 percent of 

7 the current replacement value of the building. 

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

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

10 goods, or services requested by States, other political sub11 divisions, domestic and international organizations, foreign 

12 governments, or individuals, provided that such fees are 

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

14 reasonably based on the technical assistance, goods, or serv15 ices provided to the entity by the agency, and such fees shall 

16 be reimbursed to this account, to remain available until ex17 pended, without further appropriation, for providing such 

18 assistance, goods, or services. 

19 BUILDINGS AND FACILITIES

20 For plans, construction, repair, preventive mainte21 nance, environmental support, improvement, extension, al22 teration, and purchase of fixed equipment or facilities, as 

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

24 authorized by 7 U.S.C. 428a, $3,176,000, to remain avail25 able until expended. 


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1 AGRICULTURAL MARKETING SERVICE

2 MARKETING SERVICES

3 For necessary expenses of the Agricultural Marketing 

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

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

6 alteration and repair of buildings and improvements, but 

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

8 shall not exceed 10 percent of the current replacement value 

9 of the building. 

10 Fees may be collected for the cost of standardization 

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

12 U.S.C. 9701). 

13 LIMITATION ON ADMINISTRATIVE EXPENSES

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

15 obligated during the current fiscal year for administrative 

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

17 or other uncontrollable events occur, the agency may exceed 

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

19 Committees on Appropriations of both Houses of Congress. 

20 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

21 SUPPLY (SECTION 32)

22 (INCLUDING TRANSFERS OF FUNDS)

23 Funds available under section 32 of the Act of August 

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

25 program expenses as authorized therein, and other related 


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1 operating expenses, except for: (1) transfers to the Depart2 ment of Commerce as authorized by the Fish and Wildlife 

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

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

5 and administration of marketing agreements and orders 

6 pursuant to the Agricultural Marketing Agreement Act of 

7 1937 and the Agricultural Act of 1961. 

8 PAYMENTS TO STATES AND POSSESSIONS

9 For payments to departments of agriculture, bureaus 

10 and departments of markets, and similar agencies for mar11 keting activities under section 204(b) of the Agricultural 

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

13 GRAIN INSPECTION, PACKERS AND STOCKYARDS

14 ADMINISTRATION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Grain Inspection, Pack17 ers and Stockyards Administration, $38,248,000: Provided, 

18 That this appropriation shall be available pursuant to law 

19 (7 U.S.C. 2250) for the alteration and repair of buildings 

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

21 during the fiscal year shall not exceed 10 percent of the cur22 rent replacement value of the building. 


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1 LIMITATION ON INSPECTION AND WEIGHING SERVICES

2 EXPENSES

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

4 obligated during the current fiscal year for inspection and 

5 weighing services: Provided, That if grain export activities 

6 require additional supervision and oversight, or other un7 controllable factors occur, this limitation may be exceeded 

8 by up to 10 percent with notification to the Committees 

9 on Appropriations of both Houses of Congress. 

10 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

11 For necessary expenses of the Office of the Under Sec12 retary for Food Safety, $770,000. 

13 FOOD SAFETY AND INSPECTION SERVICE

14 For necessary expenses to carry out services authorized 

15 by the Federal Meat Inspection Act, the Poultry Products 

16 Inspection Act, and the Egg Products Inspection Act, in17 cluding not to exceed $50,000 for representation allowances 

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

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

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

21 fees collected for the cost of laboratory accreditation as au22 thorized by section 1327 of the Food, Agriculture, Conserva23 tion and Trade Act of 1990 (7 U.S.C. 138f): Provided, That 

24 funds provided for the Public Health Data Communication 

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1 pended: Provided further, That no fewer than 148 full-time 

2 equivalent positions shall be employed during fiscal year 

3 2012 for purposes dedicated solely to inspections and en4 forcement related to the Humane Methods of Slaughter Act: 

5 Provided further, That the Food Safety and Inspection 

6 Service shall continue implementation of section 11016 of 

7 Public Law 110–246: Provided further, That this appro8 priation shall be available pursuant to law (7 U.S.C. 2250) 

9 for the alteration and repair of buildings and improve10 ments, but the cost of altering any one building during the 

11 fiscal year shall not exceed 10 percent of the current replace12 ment value of the building. 

13 OFFICE OF THE UNDER SECRETARY FOR FARM AND

14 FOREIGN AGRICULTURAL SERVICES

15 For necessary expenses of the Office of the Under Sec16 retary for Farm and Foreign Agricultural Services, 

17 $848,000. 

18 FARM SERVICE AGENCY

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses of the Farm Service Agency, 

22 $1,181,781,000: Provided, That the Secretary is authorized 

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

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1 cy: Provided further, That other funds made available to 

2 the Agency for authorized activities may be advanced to and 

3 merged with this account: Provided further, That funds 

4 made available to county committees shall remain available 

5 until expended. 

6 STATE MEDIATION GRANTS

7 For grants pursuant to section 502(b) of the Agricul8 tural Credit Act of 1987, as amended (7 U.S.C. 5101–5106), 

9 $3,759,000. 

10 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

11 For necessary expenses to carry out wellhead or 

12 groundwater protection activities under section 1240O of 

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

14 $3,817,000, to remain available until expended. 

15 DAIRY INDEMNITY PROGRAM

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses involved in making indemnity 

18 payments to dairy farmers and manufacturers of dairy 

19 products under a dairy indemnity program, such sums as 

20 may be necessary, to remain available until expended: Pro21 vided, That such program is carried out by the Secretary 

22 in the same manner as the dairy indemnity program de23 scribed in the Agriculture, Rural Development, Food and 

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1 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 

2 12). 

3 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

4 ACCOUNT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For gross obligations for the principal amount of di7 rect and guaranteed farm ownership (7 U.S.C. 1922 et seq.) 

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

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

10 (7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 

11 1924 et seq.), and Indian highly fractionated land loans 

12 (25 U.S.C. 488), to be available from funds in the Agricul13 tural Credit Insurance Fund, as follows: farm ownership 

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

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

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

17 $1,500,000,000 shall be for unsubsidized guaranteed loans, 

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

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

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

21 $10,000,000; and for boll weevil eradication program loans, 

22 $100,000,000: Provided, That the Secretary shall deem the 

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

24 weevil eradication program loans. 


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1 For the cost of direct and guaranteed loans, including 

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

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

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

5 $83,525,000, of which $26,100,000 shall be for unsubsidized 

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

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

8 In addition, for administrative expenses necessary to 

9 carry out the direct and guaranteed loan programs, 

10 $297,237,000, of which $289,728,000 shall be transferred to 

11 and merged with the appropriation for ‘‘Farm Service 

12 Agency, Salaries and Expenses’’. 

13 Funds appropriated by this Act to the Agricultural 

14 Credit Insurance Fund Program Account for farm owner15 ship, operating and conservation direct loans and guaran16 teed loans may be transferred among these programs: Pro17 vided, That the Committees on Appropriations of both 

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

19 of any transfer. 

20 RISK MANAGEMENT AGENCY

21 For necessary expenses of the Risk Management Agen22 cy, $74,900,000: Provided, That the funds made available 

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

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

25 Management System: Provided further, That not to exceed 


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1 $1,000 shall be available for official reception and represen2 tation expenses, as authorized by 7 U.S.C. 1506(i). 

3 CORPORATIONS 

4 The following corporations and agencies are hereby au5 thorized to make expenditures, within the limits of funds 

6 and borrowing authority available to each such corporation 

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

8 and commitments without regard to fiscal year limitations 

9 as provided by section 104 of the Government Corporation 

10 Control Act as may be necessary in carrying out the pro11 grams set forth in the budget for the current fiscal year for 

12 such corporation or agency, except as hereinafter provided. 

13 FEDERAL CROP INSURANCE CORPORATION FUND

14 For payments as authorized by section 516 of the Fed15 eral Crop Insurance Act (7 U.S.C. 1516), such sums as may 

16 be necessary, to remain available until expended. 

17 COMMODITY CREDIT CORPORATION FUND

18 REIMBURSEMENT FOR NET REALIZED LOSSES

19 (INCLUDING TRANSFERS OF FUNDS)

20 For the current fiscal year, such sums as may be nec21 essary to reimburse the Commodity Credit Corporation for 

22 net realized losses sustained, but not previously reimbursed, 

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

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

25 the Commodity Credit Corporation under section 11 of the 


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

2 714i) for the conduct of its business with the Foreign Agri3 cultural Service, up to $5,000,000 may be transferred to 

4 and used by the Foreign Agricultural Service for informa5 tion resource management activities of the Foreign Agricul6 tural Service that are not related to Commodity Credit Cor7 poration business. 

8 HAZARDOUS WASTE MANAGEMENT

9 (LIMITATION ON EXPENSES)

10 For the current fiscal year, the Commodity Credit Cor11 poration shall not expend more than $5,000,000 for site in12 vestigation and cleanup expenses, and operations and 

13 maintenance expenses to comply with the requirement of 

14 section 107(g) of the Comprehensive Environmental Re15 sponse, Compensation, and Liability Act (42 U.S.C. 

16 9607(g)), and section 6001 of the Resource Conservation 

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

18 TITLE II 

19 CONSERVATION PROGRAMS 

20 OFFICE OF THE UNDER SECRETARY FOR NATURAL

21 RESOURCES AND ENVIRONMENT

22 For necessary expenses of the Office of the Under Sec23 retary for Natural Resources and Environment, $848,000. 


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1 NATURAL RESOURCES CONSERVATION SERVICE

2 CONSERVATION OPERATIONS

3 For necessary expenses for carrying out the provisions 

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

5 preparation of conservation plans and establishment of 

6 measures to conserve soil and water (including farm irriga7 tion and land drainage and such special measures for soil 

8 and water management as may be necessary to prevent 

9 floods and the siltation of reservoirs and to control agricul10 tural related pollutants); operation of conservation plant 

11 materials centers; classification and mapping of soil; dis12 semination of information; acquisition of lands, water, and 

13 interests therein for use in the plant materials program by 

14 donation, exchange, or purchase at a nominal cost not to 

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

16 428a); purchase and erection or alteration or improvement 

17 of permanent and temporary buildings; and operation and 

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

19 until September 30, 2013: Provided, That appropriations 

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

21 construction and improvement of buildings and public im22 provements at plant materials centers, except that the cost 

23 of alterations and improvements to other buildings and 

24 other public improvements shall not exceed $250,000: Pro25 vided further, That when buildings or other structures are 


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

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

3 TITLE III 

4 RURAL DEVELOPMENT PROGRAMS 

5 OFFICE OF THE UNDER SECRETARY FOR RURAL

6 DEVELOPMENT

7 For necessary expenses of the Office of the Under Sec8 retary for Rural Development, $848,000. 

9 RURAL DEVELOPMENT SALARIES AND EXPENSES

10 (INCLUDING TRANSFERS OF FUNDS)

11 For necessary expenses for carrying out the adminis12 tration and implementation of programs in the Rural De13 velopment mission area, including activities with institu14 tions concerning the development and operation of agricul15 tural cooperatives; and for cooperative agreements; 

16 $182,023,000: Provided, That notwithstanding any other 

17 provision of law, funds appropriated under this section 

18 may be used for advertising and promotional activities that 

19 support the Rural Development mission area: Provided fur20 ther, That not more than $5,000 may be expended to pro21 vide modest nonmonetary awards to non-USDA employees: 

22 Provided further, That any balances available from prior 

23 years for the Rural Utilities Service, Rural Housing Serv24 ice, and the Rural Business—Cooperative Service salaries 


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1 and expenses accounts shall be transferred to and merged 

2 with this appropriation. 

3 RURAL HOUSING SERVICE

4 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For gross obligations for the principal amount of di7 rect and guaranteed loans as authorized by title V of the 

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

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

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

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

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

13 504 housing repair loans; $64,478,000 for section 515 rental 

14 housing; $130,000,000 for section 538 guaranteed multi15 family housing loans; $10,000,000 for credit sales of single 

16 family housing acquired property; and $5,000,000 for sec17 tion 523 self-help housing land development loans. 

18 For the cost of direct and guaranteed loans, including 

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

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

21 502 loans, $42,570,000 shall be for direct loans; section 504 

22 housing repair loans, $1,421,000; and repair, rehabilita23 tion, and new construction of section 515 rental housing, 

24 $22,000,000: Provided, That hereafter, the Secretary may 

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


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1 guaranteed loans: Provided further, That to support the 

2 loan program level for section 538 guaranteed loans made 

3 available under this heading the Secretary may charge or 

4 adjust any fees to cover the projected cost of such loan guar5 antees pursuant to the provisions of the Credit Reform Act 

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

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

8 total amount appropriated in this paragraph, the amount 

9 equal to the amount of Rural Housing Insurance Fund Pro10 gram Account funds allocated by the Secretary for Rural 

11 Economic Area Partnership Zones for the fiscal year 2011, 

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

13 designated by the Secretary of Agriculture as Rural Eco14 nomic Area Partnership Zones: Provided further, That any 

15 balances for a demonstration program for the preservation 

16 and revitalization of the section 515 multi-family rental 

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

18 Public Law 110–5, and Public Law 111–80 shall be trans19 ferred to and merged with the ‘‘Rural Housing Service, 

20 Multi-family Housing Revitalization Program Account’’. 

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

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

23 $16,000,000, to remain available until expended, for direct 

24 farm labor housing loans and domestic farm labor housing 

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1 able for the Farm Labor Program Account shall be trans2 ferred and merged with this account. 

3 In addition, for administrative expenses necessary to 

4 carry out the direct and guaranteed loan programs, 

5 $430,800,000 shall be transferred to and merged with the 

6 appropriation for ‘‘Rural Development, Salaries and Ex7 penses’’. 

8 RENTAL ASSISTANCE PROGRAM

9 For rental assistance agreements entered into or re10 newed pursuant to the authority under section 521(a)(2) 

11 or agreements entered into in lieu of debt forgiveness or 

12 payments for eligible households as authorized by section 

13 502(c)(5)(D) of the Housing Act of 1949, $904,653,000; 

14 and, in addition, such sums as may be necessary, as author15 ized by section 521(c) of the Act, to liquidate debt incurred 

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

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

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

19 newly constructed units financed by section 515 of the 

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

21 newly constructed units financed under sections 514 and 

22 516 of the Housing Act of 1949: Provided further, That 

23 rental assistance agreements entered into or renewed during 

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

25 Provided further, That any unexpended balances remaining 


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

2 and used for the purposes of any debt reduction; mainte3 nance, repair, or rehabilitation of any existing projects; 

4 preservation; and rental assistance activities authorized 

5 under title V of the Act: Provided further, That rental as6 sistance provided under agreements entered into prior to 

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

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

9 not be recaptured for use in another project until such as10 sistance has remained unused for a period of 12 consecutive 

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

12 such assistance or the project has rental assistance eligible 

13 tenants who are not receiving such assistance: Provided fur14 ther, That such recaptured rental assistance shall, to the 

15 extent practicable, be applied to another farm labor multi16 family housing project financed under section 514 or 516 

17 of the Act. 

18 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

19 ACCOUNT

20 For the rural housing voucher program as authorized 

21 under section 542 of the Housing Act of 1949, but notwith22 standing subsection (b) of such section, and for additional 

23 costs to conduct a demonstration program for the preserva24 tion and revitalization of multi-family rental housing prop25 erties described in this paragraph, $13,000,000, to remain 


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

2 available under this heading, $11,000,000, shall be avail3 able for rural housing vouchers to any low-income household 

4 (including those not receiving rental assistance) residing in 

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

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

7 the amount of such voucher shall be the difference between 

8 comparable market rent for the section 515 unit and the 

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

10 made available for such vouchers shall be subject to the 

11 availability of annual appropriations: Provided further, 

12 That the Secretary shall, to the maximum extent prac13 ticable, administer such vouchers with current regulations 

14 and administrative guidance applicable to section 8 hous15 ing vouchers administered by the Secretary of the Depart16 ment of Housing and Urban Development: Provided fur17 ther, That if the Secretary determines that the amount 

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

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

20 the demonstration program for the preservation and revital21 ization of multi-family rental housing properties described 

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

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

24 for a demonstration program for the preservation and revi25 talization of the sections 514, 515, and 516 multi-family 


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1 rental housing properties to restructure existing USDA 

2 multi-family housing loans, as the Secretary deems appro3 priate, expressly for the purposes of ensuring the project has 

4 sufficient resources to preserve the project for the purpose 

5 of providing safe and affordable housing for low-income 

6 residents and farm laborers including reducing or elimi7 nating interest; deferring loan payments, subordinating, re8 ducing or reamortizing loan debt; and other financial as9 sistance including advances, payments and incentives (in10 cluding the ability of owners to obtain reasonable returns 

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

12 That the Secretary shall as part of the preservation and 

13 revitalization agreement obtain a restrictive use agreement 

14 consistent with the terms of the restructuring: Provided fur15 ther, That if the Secretary determines that additional funds 

16 for vouchers described in this paragraph are needed, funds 

17 for the preservation and revitalization demonstration pro18 gram may be used for such vouchers: Provided further, That 

19 if Congress enacts legislation to permanently authorize a 

20 multi-family rental housing loan restructuring program 

21 similar to the demonstration program described herein, the 

22 Secretary may use funds made available for the demonstra23 tion program under this heading to carry out such legisla24 tion with the prior approval of the Committees on Appro25 priations of both Houses of Congress: Provided further, That 


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

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

3 funds made available under this heading, for administra4 tive expenses for activities funded under this heading. 

5 MUTUAL AND SELF-HELP HOUSING GRANTS

6 For grants and contracts pursuant to section 

7 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), 

8 $30,000,000, to remain available until expended: Provided, 

9 That of the total amount appropriated under this heading, 

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

11 Housing Grants allocated by the Secretary for Rural Eco12 nomic Area Partnership Zones for the fiscal year 2011, 

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

14 designated by the Secretary of Agriculture as Rural Eco15 nomic Area Partnership Zones. 

16 RURAL HOUSING ASSISTANCE GRANTS

17 (INCLUDING TRANSFER OF FUNDS)

18 For grants and contracts for very low-income housing 

19 repair, supervisory and technical assistance, compensation 

20 for construction defects, and rural housing preservation 

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

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

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

24 amount appropriated under this heading, the amount equal 

25 to the amount of Rural Housing Assistance Grants alloVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 cated by the Secretary for Rural Economic Area Partner2 ship Zones for the fiscal year 2011, shall be available 

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

4 Secretary of Agriculture as Rural Economic Area Partner5 ship Zones: Provided further, That any balances to carry 

6 out a housing demonstration program to provide revolving 

7 loans for the preservation of low-income multi-family hous8 ing projects as authorized in Public Law 108–447 and Pub9 lic Law 109–97 shall be transferred to and merged with 

10 the ‘‘Rural Housing Service, Multi-family Housing Revital11 ization Program Account’’. 

12 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

13 (INCLUDING TRANSFERS OF FUNDS)

14 For gross obligations for the principal amount of di15 rect loans as authorized by section 306 and described in 

16 section 381E(d)(1) of the Consolidated Farm and Rural De17 velopment Act, $1,300,000,000. 

18 For the cost of grants for rural community facilities 

19 programs as authorized by section 306 and described in sec20 tion 381E(d)(1) of the Consolidated Farm and Rural Devel21 opment Act, $26,274,000, to remain available until ex22 pended: Provided, That $4,242,000 of the amount appro23 priated under this heading shall be available for a Rural 

24 Community Development Initiative: Provided further, That 

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


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1 ability of private, nonprofit community-based housing and 

2 community development organizations, low-income rural 

3 communities, and Federally Recognized Native American 

4 Tribes to undertake projects to improve housing, community 

5 facilities, community and economic development projects in 

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

7 made available to qualified private, nonprofit and public 

8 intermediary organizations proposing to carry out a pro9 gram of financial and technical assistance: Provided fur10 ther, That such intermediary organizations shall provide 

11 matching funds from other sources, including Federal funds 

12 for related activities, in an amount not less than funds pro13 vided: Provided further, That $5,938,000 of the amount ap14 propriated under this heading shall be to provide grants 

15 for facilities in rural communities with extreme unemploy16 ment and severe economic depression (Public Law 106– 

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

18 building in the State rural development offices: Provided 

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

20 this heading shall be available for community facilities 

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

22 of such Act: Provided further, That of the amount appro23 priated under this heading, the amount equal to the amount 

24 of Rural Community Facilities Program Account funds al25 located by the Secretary for Rural Economic Area PartnerVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 ship Zones for the fiscal year 2011, shall be available 

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

3 Secretary of Agriculture as Rural Economic Area Partner4 ship Zones for the rural community programs described in 

5 section 381E(d)(1) of the Consolidated Farm and Rural De6 velopment Act: Provided further, That sections 381E–H and 

7 381N of the Consolidated Farm and Rural Development Act 

8 are not applicable to the funds made available under this 

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

10 Rural Development, Rural Community Advancement Pro11 gram account for programs authorized by section 306 and 

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

13 and merged with this account and any other prior balances 

14 from the Rural Development, Rural Community Advance15 ment Program account that the Secretary determines is ap16 propriate to transfer. 

17 RURAL BUSINESS—COOPERATIVE SERVICE

18 RURAL BUSINESS PROGRAM ACCOUNT

19 (INCLUDING TRANSFERS OF FUNDS)

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

21 rural business development programs authorized by sections 

22 306 and 310B and described in sections 310B(f) and 

23 381E(d)(3) of the Consolidated Farm and Rural Develop24 ment Act, $79,665,000, to remain available until expended: 

25 Provided, That of the amount appropriated under this 


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

2 a grant to a qualified national organization to provide tech3 nical assistance for rural transportation in order to pro4 mote economic development and $2,900,000 shall be for 

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

6 et seq.) for any Rural Community Advancement Program 

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

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

9 5 percent may be used for administrative expenses: Pro10 vided further, That $4,000,000 of the amount appropriated 

11 under this heading shall be for business grants to benefit 

12 Federally Recognized Native American Tribes, including 

13 $250,000 for a grant to a qualified national organization 

14 to provide technical assistance for rural transportation in 

15 order to promote economic development: Provided further, 

16 That of the amount appropriated under this heading, the 

17 amount equal to the amount of Rural Business Program 

18 Account funds allocated by the Secretary for Rural Eco19 nomic Area Partnership Zones for the fiscal year 2011, 

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

21 designated by the Secretary of Agriculture as Rural Eco22 nomic Area Partnership Zones for the rural business and 

23 cooperative development programs described in section 

24 381E(d)(3) of the Consolidated Farm and Rural Develop25 ment Act: Provided further, That sections 381E–H and 


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1 381N of the Consolidated Farm and Rural Development Act 

2 are not applicable to funds made available under this head3 ing: Provided further, That any prior balances in the Rural 

4 Development, Rural Community Advancement Program ac5 count for programs authorized by sections 306 and 310B 

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

7 Act be transferred and merged with this account and any 

8 other prior balances from the Rural Development, Rural 

9 Community Advancement Program account that the Sec10 retary determines is appropriate to transfer. 

11 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

12 (INCLUDING TRANSFER OF FUNDS)

13 For the principal amount of direct loans, as authorized 

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

15 $20,661,000. For the cost of direct loans, $7,000,000, as au16 thorized by the Rural Development Loan Fund (42 U.S.C. 

17 9812(a)), of which $1,000,000 shall be available through 

18 June 30, 2012, for Federally Recognized Native American 

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

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

21 determined in accordance with Public Law 100–460): Pro22 vided, That such costs, including the cost of modifying such 

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

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

25 amount appropriated under this heading, the amount equal 


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1 to the amount of Rural Development Loan Fund Program 

2 Account funds allocated by the Secretary for Rural Eco3 nomic Area Partnership Zones for the fiscal year 2011, 

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

5 designated by the Secretary of Agriculture as Rural Eco6 nomic Area Partnership Zones. 

7 In addition, for administrative expenses to carry out 

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

9 to and merged with the appropriation for ‘‘Rural Develop10 ment, Salaries and Expenses’’. 

11 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

12 ACCOUNT

13 (INCLUDING RESCISSION OF FUNDS)

14 For the principal amount of direct loans, as authorized 

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

16 purpose of promoting rural economic development and job 

17 creation projects, $33,077,000. 

18 Of the funds derived from interest on the cushion of 

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

20 Electrification Act of 1936, $155,000,000 shall not be obli21 gated and $155,000,000 are rescinded. 

22 RURAL COOPERATIVE DEVELOPMENT GRANTS

23 For rural cooperative development grants authorized 

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

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


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1 $2,250,000 shall be for cooperative agreements for the ap2 propriate technology transfer for rural areas program: Pro3 vided, That not to exceed $2,938,000 shall be for grants for 

4 cooperative development centers, individual cooperatives, or 

5 groups of cooperatives that serve socially disadvantaged 

6 groups and a majority of the boards of directors or gov7 erning boards of which are comprised of individuals who 

8 are members of socially disadvantaged groups; and of which 

9 $16,005,000, to remain available until expended, shall be 

10 for value-added agricultural product market development 

11 grants, as authorized by section 231 of the Agricultural 

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

13 RURAL ENERGY FOR AMERICA PROGRAM

14 For the cost of a program of loan guarantees and 

15 grants, under the same terms and conditions as authorized 

16 by section 9007 of the Farm Security and Rural Investment 

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

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

19 such loans, shall be as defined in section 502 of the Congres20 sional Budget Act of 1974. 

21 RURAL UTILITIES SERVICE

22 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

23 (INCLUDING TRANSFERS OF FUNDS)

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

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


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1 solid waste management programs authorized by sections 

2 306, 306A, 306C, 306D, 306E, and 310B and described in 

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

4 Consolidated Farm and Rural Development Act, 

5 $509,295,000, to remain available until expended, of which 

6 not to exceed $422,000 shall be available for the rural utili7 ties program described in section 306(a)(2)(B) of such Act, 

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

9 the rural utilities program described in section 306E of 

10 such Act: Provided, That $67,200,000 of the amount appro11 priated under this heading shall be for loans and grants 

12 including water and waste disposal systems grants author13 ized by 306C(a)(2)(B) and 306D of the Consolidated Farm 

14 and Rural Development Act, Federally recognized Native 

15 American Tribes authorized by 306C(a)(1), and the Depart16 ment of Hawaiian Home Lands (of the State of Hawaii): 

17 Provided further, That funding provided for section 306D 

18 of the Consolidated Farm and Rural Development Act may 

19 be provided to a consortium formed pursuant to section 325 

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

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

22 of the Consolidated Farm and Rural Development Act may 

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

24 assistance programs and not more than 2 percent of the 

25 funding provided for section 306D of the Consolidated 


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1 Farm and Rural Development Act may be used by a consor2 tium formed pursuant to section 325 of Public Law 105– 

3 83 for training and technical assistance programs: Pro4 vided further, That not to exceed $19,000,000 of the amount 

5 appropriated under this heading shall be for technical as6 sistance grants for rural water and waste systems pursuant 

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

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

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

10 multi-state regional technical assistance organization, with 

11 experience in working with small communities on water 

12 and waste water problems, the principal purpose of such 

13 grant shall be to assist rural communities with populations 

14 of 3,300 or less, in improving the planning, financing, de15 velopment, operation, and management of water and waste 

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

17 be for a qualified national Native American organization 

18 to provide technical assistance for rural water systems for 

19 tribal communities: Provided further, That not to exceed 

20 $15,000,000 of the amount appropriated under this heading 

21 shall be for contracting with qualified national organiza22 tions for a circuit rider program to provide technical assist23 ance for rural water systems: Provided further, That of the 

24 amount appropriated under this heading, the amount equal 

25 to the amount of Rural Water and Waste Disposal Program 


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1 Account funds allocated by the Secretary for Rural Eco2 nomic Area Partnership Zones for the fiscal year 2011, 

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

4 designated by the Secretary of Agriculture as Rural Eco5 nomic Area Partnership Zones for the rural utilities pro6 grams described in section 381E(d)(2) of the Consolidated 

7 Farm and Rural Development Act: Provided further, That 

8 $10,000,000 of the amount appropriated under this heading 

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

10 Service, High Energy Cost Grants Account to provide 

11 grants authorized under section 19 of the Rural Electrifica12 tion Act of 1936 (7 U.S.C. 918a): Provided further, That 

13 any prior year balances for high cost energy grants author14 ized by section 19 of the Rural Electrification Act of 1936 

15 (7 U.S.C. 918a) shall be transferred to and merged with 

16 the Rural Utilities Service, High Energy Costs Grants Ac17 count: Provided further, That sections 381E–H and 381N 

18 of the Consolidated Farm and Rural Development Act are 

19 not applicable to the funds made available under this head20 ing: Provided further, That any prior balances in the Rural 

21 Development, Rural Community Advancement Program ac22 count programs authorized by sections 306, 306A, 306C, 

23 306D, 306E, and 310B and described in sections 

24 306C(a)(2), 306D, 306E, and 381E(d)(2) of such Act be 

25 transferred to and merged with this account and any other 


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1 prior balances from the Rural Development, Rural Commu2 nity Advancement Program account that the Secretary de3 termines is appropriate to transfer. 

4 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

5 LOANS PROGRAM ACCOUNT

6 (INCLUDING TRANSFER OF FUNDS)

7 The principal amount of direct and guaranteed loans 

8 as authorized by sections 305 and 306 of the Rural Elec9 trification Act of 1936 (7 U.S.C. 935 and 936) shall be 

10 made as follows: 5 percent rural electrification loans, 

11 $100,000,000; loans made pursuant to section 306 of that 

12 Act, rural electric, $6,500,000,000; guaranteed under13 writing loans pursuant to section 313A, $424,286,000; 5 

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

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

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

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

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

19 acquisition, or improvement of fossil-fueled electric gener20 ating plants (whether new or existing) that utilize carbon 

21 sequestration systems. 

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

23 modifying lo ans, as defined in section 502 of the Congres24 sional Budget Act of 1974, as follows: $594,000 for guaranVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 teed underwriting loans authorized by section 313A of the 

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

3 In addition, for administrative expenses necessary to 

4 carry out the direct and guaranteed loan programs, 

5 $36,382,000, which shall be transferred to and merged with 

6 the appropriation for ‘‘Rural Development, Salaries and 

7 Expenses’’. 

8 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

9 PROGRAM

10 For the principal amount of broadband telecommuni11 cation loans, $282,686,000. 

12 For grants for telemedicine and distance learning serv13 ices in rural areas, as authorized by 7 U.S.C. 950aaa et 

14 seq., $28,570,000, to remain available until expended: Pro15 vided, That $3,000,000 shall be made available for grants 

16 authorized by 379G of the Consolidated Farm and Rural 

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

18 be made available to those noncommercial educational tele19 vision broadcast stations that serve rural areas and are 

20 qualified for Community Service Grants by the Corporation 

21 for Public Broadcasting under section 396(k) of the Com22 munications Act of 1934, including associated translators 

23 and repeaters, regardless of the location of their main trans24 mitter, studio-to-transmitter links, and equipment to allow 

25 local control over digital content and programming through 


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

2 datacasting technologies. 

3 For the cost of broadband loans, as authorized by sec4 tion 601 of the Rural Electrification Act, $8,000,000, to re5 main available until expended: Provided, That the cost of 

6 direct loans shall be as defined in section 502 of the Con7 gressional Budget Act of 1974. 

8 In addition, $10,372,000, to remain available until ex9 pended, for a grant program to finance broadband trans10 mission in rural areas eligible for Distance Learning and 

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

12 950aaa. 

13 TITLE IV 

14 DOMESTIC FOOD PROGRAMS 

15 OFFICE OF THE UNDER SECRETARY FOR FOOD, 

16 NUTRITION AND CONSUMER SERVICES

17 For necessary expenses of the Office of the Under Sec18 retary for Food, Nutrition and Consumer Services, 

19 $770,000. 

20 FOOD AND NUTRITION SERVICE

21 CHILD NUTRITION PROGRAMS

22 (INCLUDING TRANSFERS OF FUNDS)

23 For necessary expenses to carry out the Richard B. 

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

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


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

2 $18,151,176,000, to remain available through September 

3 30, 2013, of which such sums as are made available under 

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

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

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

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

8 amount available, $1,000,000 shall be available to imple9 ment section 23 of the Child Nutrition Act of 1966 (42 

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

11 14222(b)(1) of the Food, Conservation, and Energy Act of 

12 2008 is amended by adding at the end before the period, 

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

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

15 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

16 WOMEN, INFANTS, AND CHILDREN (WIC)

17 For necessary expenses to carry out the special supple18 mental nutrition program as authorized by section 17 of 

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

20 $6,582,497,000, to remain available through September 30, 

21 2013: Provided, That notwithstanding section 17(h)(10) of 

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

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

24 than $60,000,000 shall be used for breast-feeding peer coun25 selors and other related activities: Provided further, That 


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1 funds made available for the purposes specified in section 

2 17(h)(10)(B) shall only be made available upon a deter3 mination by the Secretary that funds are available to meet 

4 caseload requirements: Provided further, That none of the 

5 funds provided in this account shall be available for the 

6 purchase of infant formula except in accordance with the 

7 cost containment and competitive bidding requirements 

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

9 none of the funds provided shall be available for activities 

10 that are not fully reimbursed by other Federal Government 

11 departments or agencies unless authorized by section 17 of 

12 such Act. 

13 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

14 For necessary expenses to carry out the Food and Nu15 trition Act of 2008 (7 U.S.C. 2011 et seq.), $80,402,722,000, 

16 of which $3,000,000,000, to remain available through Sep17 tember 30, 2013, shall be placed in reserve for use only in 

18 such amounts and at such times as may become necessary 

19 to carry out program operations: Provided, That funds pro20 vided herein shall be expended in accordance with section 

21 16 of the Food and Nutrition Act of 2008: Provided further, 

22 That of the funds made available under this heading, 

23 $1,000,000 may be used to provide nutrition education serv24 ices to state agencies and Federally recognized tribes par25 ticipating in the Food Distribution Program on Indian 


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1 Reservations: Provided further, That this appropriation 

2 shall be subject to any work registration or workfare re3 quirements as may be required by law: Provided further, 

4 That funds made available for Employment and Training 

5 under this heading shall remain available until expended, 

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

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

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

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

10 activities related to program integrity provided that such 

11 activities are authorized by the Food and Nutrition Act of 

12 2008. 

13 COMMODITY ASSISTANCE PROGRAM

14 For necessary expenses to carry out disaster assistance 

15 and the Commodity Supplemental Food Program as au16 thorized by section 4(a) of the Agriculture and Consumer 

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

18 Food Assistance Act of 1983; special assistance for the nu19 clear affected islands, as authorized by section 103(f)(2) of 

20 the Compact of Free Association Amendments Act of 2003 

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

22 Program, as authorized by section 17(m) of the Child Nutri23 tion Act of 1966, $242,336,000, to remain available through 

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

25 shall be available to reimburse the Commodity Credit CorVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 poration for commodities donated to the program: Provided 

2 further, That notwithstanding any other provision of law, 

3 effective with funds made available in fiscal year 2011 to 

4 support the Seniors Farmers’ Market Nutrition Program, 

5 as authorized by section 4402 of the Farm Security and 

6 Rural Investment Act of 2002, such funds shall remain 

7 available through September 30, 2013: Provided further, 

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

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

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

11 with the distribution of commodities. 

12 NUTRITION PROGRAMS ADMINISTRATION

13 For necessary administrative expenses of the Food and 

14 Nutrition Service for carrying out any domestic nutrition 

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

16 $2,000,000 shall be used for the purposes of section 4404 

17 of Public Law 107–171, as amended by section 4401 of Pub18 lic Law 110–246. 

19 TITLE V 

20 FOREIGN ASSISTANCE AND RELATED PROGRAMS 

21 FOREIGN AGRICULTURAL SERVICE

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFERS OF FUNDS)

24 For necessary expenses of the Foreign Agricultural 

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


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1 allowances and for expenses pursuant to section 8 of the 

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

3 $176,347,000: Provided, That the Service may utilize ad4 vances of funds, or reimburse this appropriation for expend5 itures made on behalf of Federal agencies, public and pri6 vate organizations and institutions under agreements exe7 cuted pursuant to the agricultural food production assist8 ance programs (7 U.S.C. 1737) and the foreign assistance 

9 programs of the United States Agency for International De10 velopment: Provided further, That funds made available for 

11 middle-income country training programs and up to 

12 $2,000,000 of the Foreign Agricultural Service appropria13 tion solely for the purpose of offsetting fluctuations in inter14 national currency exchange rates, subject to documentation 

15 by the Foreign Agricultural Service, shall remain available 

16 until expended. 

17 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR

18 PROGRESS PROGRAM ACCOUNT

19 (INCLUDING TRANSFERS OF FUNDS)

20 For administrative expenses to carry out the credit 

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

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

23 shall be transferred to and merged with the appropriation 

24 for ‘‘Farm Service Agency, Salaries and Expenses’’: Pro25 vided, That funds made available for the cost of agreements 


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1 under title I of the Agricultural Trade Development and 

2 Assistance Act of 1954 and for title I ocean freight differen3 tial may be used interchangeably between the two accounts 

4 with prior notice to the Committees on Appropriations of 

5 both Houses of Congress. 

6 FOOD FOR PEACE TITLE II GRANTS

7 For expenses during the current fiscal year, not other8 wise recoverable, and unrecovered prior years’ costs, includ9 ing interest thereon, under the Food for Peace Act (Public 

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

11 connection with dispositions abroad under title II of said 

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

13 MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

14 AND CHILD NUTRITION PROGRAM GRANTS

15 For necessary expenses to carry out the provisions of 

16 section 3107 of the Farm Security and Rural Investment 

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

18 available until expended: Provided, That the Commodity 

19 Credit Corporation is authorized to provide the services, fa20 cilities, and authorities for the purpose of implementing 

21 such section, subject to reimbursement from amounts pro22 vided herein. 


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1 COMMODITY CREDIT CORPORATION EXPORT (LOANS)

2 CREDIT GUARANTEE PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For administrative expenses to carry out the Com5 modity Credit Corporation’s export guarantee program, 

6 GSM 102 and GSM 103, $6,465,000; to cover common over7 head expenses as permitted by section 11 of the Commodity 

8 Credit Corporation Charter Act and in conformity with the 

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

10 shall be transferred to and merged with the appropriation 

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

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

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

14 and Expenses’’. 

15 TITLE VI 

16 RELATED AGENCIES AND FOOD AND DRUG 

17 ADMINISTRATION 

18 DEPARTMENT OF HEALTH AND HUMAN 

19 SERVICES 

20 FOOD AND DRUG ADMINISTRATION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Food and Drug Adminis23 tration, including hire and purchase of passenger motor ve24 hicles; for payment of space rental and related costs pursu25 ant to Public Law 92–313 for programs and activities of 


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1 the Food and Drug Administration which are included in 

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

3 of Columbia or elsewhere; for miscellaneous and emergency 

4 expenses of enforcement activities, authorized and approved 

5 by the Secretary and to be accounted for solely on the Sec6 retary’s certificate, not to exceed $25,000; and notwith7 standing section 521 of Public Law 107–188; 

8 $3,859,402,000: Provided, That of the amount provided 

9 under this heading, $702,172,000 shall be derived from pre10 scription drug user fees authorized by 21 U.S.C. 379h shall 

11 be credited to this account and remain available until ex12 pended, and shall not include any fees pursuant to 21 

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

14 but collected in fiscal year 2012; $57,605,000 shall be de15 rived from medical device user fees authorized by 21 U.S.C. 

16 379j, and shall be credited to this account and remain 

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

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

19 shall be credited to this account and remain available until 

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

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

22 credited to this account and shall remain available until 

23 expended; $477,000,000 shall be derived from tobacco prod24 uct user fees authorized by 21 U.S.C. 387s and shall be cred25 ited to this account and remain available until expended; 


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1 $12,364,000 shall be derived from food and feed recall fees 

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

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

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

5 be credited to this account and remain available until ex6 pended; $14,700,000 shall be derived from food reinspection 

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

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

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

10 shall be credited to this account and remain available until 

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

12 qualified importer program fees authorized by section 743 

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

14 75–717), as amended by the Food Safety Modernization Act 

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

16 and remain available until expended: Provided further, 

17 That in addition and notwithstanding any other provision 

18 under this heading, amounts collected for prescription drug 

19 user fees that exceed the fiscal year 2012 limitation are ap20 propriated and shall be credited to this account and remain 

21 available until expended: Provided further, That fees de22 rived from prescription drug, medical device, animal drug, 

23 animal generic drug, and tobacco product assessments for 

24 fiscal year 2012 received during fiscal year 2012, including 

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


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

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

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

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

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

6 be for the Center for Food Safety and Applied Nutrition 

7 and related field activities in the Office of Regulatory Af8 fairs; (2) $978,205,000 shall be for the Center for Drug 

9 Evaluation and Research and related field activities in the 

10 Office of Regulatory Affairs, of which no less than 

11 $52,947,000 shall be available for the Office of Generic 

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

13 Evaluation and Research and for related field activities in 

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

15 for the Center for Veterinary Medicine and for related field 

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

17 $356,659,000 shall be for the Center for Devices and Radio18 logical Health and for related field activities in the Office 

19 of Regulatory Affairs; (6) $60,039,000 shall be for the Na20 tional Center for Toxicological Research; (7) $454,751,000 

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

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

23 to exceed $133,879,000 shall be for Rent and Related activi24 ties, of which $43,981,000 is for White Oak Consolidation, 

25 other than the amounts paid to the General Services AdVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 ministration for rent; (9) not to exceed $209,392,000 shall 

2 be for payments to the General Services Administration for 

3 rent; and (10) $226,247,000 shall be for other activities, in4 cluding the Office of the Commissioner of Food and Drugs, 

5 the Office of Foods, the Office of Medical and Tobacco Prod6 ucts, the Office of Global and Regulatory Policy, the Office 

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

8 services for these offices: Provided further, That not to ex9 ceed $25,000 of this amount shall be for official reception 

10 and representation expenses, not otherwise provided for, as 

11 determined by the Commissioner: Provided further, That 

12 funds be may transferred from one specified activity to an13 other with the prior approval of the Committees on Appro14 priations of both Houses of Congress: Provided further, That 

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

16 Act, the Secretary of Health and Human Services shall sub17 mit to Congress a report that discloses, with respect to all 

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

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

20 or the Public Health Service Act during calendar year 

21 2011, including such drugs, devices, and biological products 

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

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

24 that elapsed from the date that drug applications (includ25 ing any supplements) were submitted to such Secretary 


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

2 Act (21 U.S.C. 355) until the date that the drugs were ap3 proved under such section 505; (2) the average number of 

4 calendar days that elapsed from the date that applications 

5 for device clearance (including any supplements) under sec6 tion 510(k) of such Act (21 U.S.C. 360(k)) or for premarket 

7 approval (including any supplements) under section 515 of 

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

9 until the date that the devices were cleared under such sec10 tion 510(k) or approved under such section 515; and (3) 

11 the average number of calendar days that elapsed from the 

12 date that biological license applications (including any sup13 plements) were submitted to such Secretary under section 

14 351 of the Public Health Service Act (42 U.S.C. 262) until 

15 the date that the biological products were licensed under 

16 such section 351. 

17 In addition, mammography user fees authorized by 42 

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

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

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

21 available until expended. 

22 BUILDINGS AND FACILITIES

23 For plans, construction, repair, improvement, exten24 sion, alteration, and purchase of fixed equipment or facili25 ties of or used by the Food and Drug Administration, where 


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

2 until expended. 

3 INDEPENDENT AGENCY 

4 FARM CREDIT ADMINISTRATION

5 LIMITATION ON ADMINISTRATIVE EXPENSES

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

7 from farm credit institutions, including the Federal Agri8 cultural Mortgage Corporation) shall be obligated during 

9 the current fiscal year for administrative expenses as au10 thorized under 12 U.S.C. 2249: Provided, That this limita11 tion shall not apply to expenses associated with receiver12 ships. 

13 TITLE VII 

14 GENERAL PROVISIONS 

15 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

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

17 appropriations and authorizations made for the Depart18 ment of Agriculture for the current fiscal year under this 

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

20 specifically provided for, of not to exceed 204 passenger 

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

22 and for the hire of such vehicles. 

23 SEC. 702. The Secretary of Agriculture may transfer 

24 unobligated balances of discretionary funds appropriated 

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1 ances of the Department of Agriculture to the Working Cap2 ital Fund for the acquisition of plant and capital equip3 ment necessary for the delivery of financial, administrative, 

4 and information technology services of primary benefit to 

5 the agencies of the Department of Agriculture: Provided, 

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

7 other Act shall be transferred to the Working Capital Fund 

8 without the prior approval of the agency administrator: 

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

10 Working Capital Fund pursuant to this section shall be 

11 available for obligation without written notification to and 

12 the prior approval of the Committees on Appropriations of 

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

14 funds appropriated by this Act or made available to the 

15 Department’s Working Capital Fund shall be available for 

16 obligation or expenditure to make any changes to the De17 partment’s National Finance Center without written notifi18 cation to and prior approval of the Committees on Appro19 priations of both Houses of Congress as required by section 

20 711 of this Act: Provided further, That of annual income 

21 amounts in the Working Capital Fund of the Department 

22 of Agriculture allocated for the National Finance Center, 

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

24 replacement or acquisition of capital equipment, including 

25 equipment for the improvement and implementation of a 


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1 financial management plan, information technology, and 

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

3 unforeseen, extraordinary cost of the National Finance Cen4 ter: Provided further, That none of the amounts reserved 

5 shall be available for obligation unless the Secretary sub6 mits written notification of the obligation to the Committees 

7 on Appropriations of the House of Representatives and the 

8 Senate: Provided further, That the limitation on the obliga9 tion of funds pending notification to Congressional Com10 mittees shall not apply to any obligation that, as deter11 mined by the Secretary, is necessary to respond to a de12 clared state of emergency that significantly impacts the op13 erations of the National Finance Center; or to evacuate em14 ployees of the National Finance Center to a safe haven to 

15 continue operations of the National Finance Center. 

16 SEC. 703. 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. 704. No funds appropriated by this Act may be 

20 used to pay negotiated indirect cost rates on cooperative 

21 agreements or similar arrangements between the United 

22 States Department of Agriculture and nonprofit institu23 tions in excess of 10 percent of the total direct cost of the 

24 agreement when the purpose of such cooperative arrange25 ments is to carry out programs of mutual interest between 


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1 the two parties. This does not preclude appropriate pay2 ment of indirect costs on grants and contracts with such 

3 institutions when such indirect costs are computed on a 

4 similar basis for all agencies for which appropriations are 

5 provided in this Act. 

6 SEC. 705. Appropriations to the Department of Agri7 culture for the cost of direct and guaranteed loans made 

8 available in the current fiscal year shall remain available 

9 until expended to disburse obligations made in the current 

10 fiscal year for the following accounts: the Rural Develop11 ment Loan Fund program account, the Rural Electrifica12 tion and Telecommunication Loans program account, and 

13 the Rural Housing Insurance Fund program account. 

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

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

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

17 30 of the Poultry Products Inspection Act (21 U.S.C. 471). 

18 SEC. 707. None of the funds made available to the De19 partment of Agriculture by this Act may be used to acquire 

20 new information technology systems or significant up21 grades, as determined by the Office of the Chief Information 

22 Officer, without the approval of the Chief Information Offi23 cer and the concurrence of the Executive Information Tech24 nology Investment Review Board: Provided, That notwith25 standing any other provision of law, none of the funds apVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 propriated or otherwise made available by this Act may be 

2 transferred to the Office of the Chief Information Officer 

3 without written notification to and the prior approval of 

4 the Committees on Appropriations of both Houses of Con5 gress: Provided further, That none of the funds available 

6 to the Department of Agriculture for information technology 

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

8 of written approval by the Chief Information Officer. 

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

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

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

12 1524(b)) in the current fiscal year shall remain available 

13 until expended to disburse obligations made in the current 

14 fiscal year. 

15 SEC. 709. Hereafter, notwithstanding any other provi16 sion of law, any former RUS borrower that has repaid or 

17 prepaid an insured, direct or guaranteed loan under the 

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

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

20 Act, shall be eligible for assistance under section 

21 313(b)(2)(B) of such Act in the same manner as a borrower 

22 under such Act. 

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

24 for the purposes of a grant under section 412 of the Agricul25 tural Research, Extension, and Education Reform Act of 


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1 1998, none of the funds in this or any other Act may be 

2 used to prohibit the provision of in-kind support from non3 Federal sources under section 412(e)(3) in the form of unre4 covered indirect costs not otherwise charged against the 

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

6 a recipient. 

7 SEC. 711. Except as otherwise specifically provided by 

8 law, unobligated balances remaining available at the end 

9 of the fiscal year from appropriations made available for 

10 salaries and expenses in this Act for the Farm Service Agen11 cy and the Rural Development mission area, shall remain 

12 available through September 30, 2013, for information tech13 nology expenses. 

14 SEC. 712. The Secretary of Agriculture may authorize 

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

16 the maximum amount of liquid infant formula specified in 

17 7 C.F.R. 246.10 when issuing liquid infant formula to par18 ticipants. 

19 SEC. 713. No employee of the Department of Agri20 culture may be detailed or assigned from an agency or office 

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

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

23 the individual’s employing agency or office is fully reim24 bursed by the receiving agency or office for the salary and 

25 expenses of the employee for the period of assignment. 


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

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

3 2008 (Public Law 110–246), other than by title I or subtitle 

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

5 amounts were provided in that Act that is authorized or 

6 required to be carried out using funds of the Commodity 

7 Credit Corporation— 

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

9 related administrative expenses, including technical 

10 assistance, associated with the implementation of the 

11 program, without regard to the limitation on the total 

12 amount of allotments and fund transfers contained in 

13 section 11 of the Commodity Credit Corporation 

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

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

16 not be considered to be a fund transfer or allotment 

17 for purposes of applying the limitation on the total 

18 amount of allotments and fund transfers contained in 

19 such section. 

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

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

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

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

24 Development office unless or until the Secretary of Agri25 culture determines the cost effectiveness and/or enhancement 


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1 of program delivery or that the closing or relocation would 

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

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

4 the Secretary notifies in writing the Committees on Appro5 priation of the House and Senate, and the members of Con6 gress from the State in which the office is located of the 

7 proposed closure or relocation and provides a report that 

8 describes the justifications for such closures and relocations. 

9 SEC. 717. Appropriations to the Department of Agri10 culture made available in fiscal years 2005, 2006, and 2007 

11 to carry out section 601 of the Rural Electrification Act 

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

13 remain available until expended to disburse valid obliga14 tions. 

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

16 year 2012 or preceding fiscal years for programs authorized 

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

18 excess of $20,000,000 shall be used to reimburse the Com19 modity Credit Corporation for the release of eligible com20 modities under section 302(f)(2)(A) of the Bill Emerson 

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

22 That any such funds made available to reimburse the Com23 modity Credit Corporation shall only be used pursuant to 

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

25 Trust Act. 


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

2 more than $1,800,000 shall be used to cover necessary ex3 penses of activities related to all advisory committees, pan4 els, commissions, and task forces of the Department of Agri5 culture, except for panels used to comply with negotiated 

6 rule makings and panels used to evaluate competitively 

7 awarded grants. 

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

9 school food authorities which received a grant for equipment 

10 assistance under the grant program carried out pursuant 

11 to the heading ‘‘Food and Nutrition Service Child Nutrition 

12 Programs’’ in title I of division A of the American Recovery 

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

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

15 Agriculture, Rural Development, Food and Drug Adminis16 tration, and Related Agencies Appropriations Act, 2010 

17 (Public Law 111–80). 

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

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

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

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

22 demonstrate the use of new technologies that increase the 

23 rate of growth of re-forested hardwood trees on private non24 industrial forests lands, enrolling lands on the coast of the 


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1 Gulf of Mexico that were damaged by Hurricane Katrina 

2 in 2005. 

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

4 or provided by previous Appropriations Acts to the agencies 

5 funded by this Act that remain available for obligation or 

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

7 accounts in the Treasury of the United States derived by 

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

9 Act, shall be available for obligation or expenditure through 

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

11 of Agriculture, through use of the authority provided by sec12 tion 702(b) of the Department of Agriculture Organic Act 

13 of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89– 

14 106 (7 U.S.C. 2263), that— 

15 (1) creates new programs; 

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

17 (3) increases funds or personnel by any means 

18 for any project or activity for which funds have been 

19 denied or restricted; 

20 (4) relocates an office or employees; 

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

22 (6) contracts out or privatizes any functions or 

23 activities presently performed by Federal employees; 

24 unless the Secretary of Agriculture or the Secretary of 

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1 tifies, in writing, the Committees on Appropriations 

2 of both Houses of Congress at least 30 days in ad3 vance of the reprogramming of such funds or the use 

4 of such authority. 

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

6 by previous Appropriations Acts to the agencies funded by 

7 this Act that remain available for obligation or expenditure 

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

9 in the Treasury of the United States derived by the collec10 tion of fees available to the agencies funded by this Act, 

11 shall be available for obligation or expenditure for activi12 ties, programs, or projects through a reprogramming or use 

13 of the authorities referred to in subsection (a) involving 

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

15 that: 

16 (1) augments existing programs, projects, or ac17 tivities; 

18 (2) reduces by 10 percent funding for any exist19 ing program, project, or activity, or numbers of per20 sonnel by 10 percent as approved by Congress; or 

21 (3) results from any general savings from a re22 duction in personnel which would result in a change 

23 in existing programs, activities, or projects as ap24 proved by Congress; unless the Secretary of Agri25 culture or the Secretary of Health and Human ServVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 ices (as the case may be) notifies, in writing, the 

2 Committees on Appropriations of both Houses of Con3 gress at least 30 days in advance of the reprogram4 ming of such funds or the use of such authority. 

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

6 Health and Human Services shall notify in writing the 

7 Committees on Appropriations of both Houses of Congress 

8 before implementing any program or activity not carried 

9 out during the previous fiscal year unless the program or 

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

11 other Act. 

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

13 for any activities unless the Secretary of Agriculture or the 

14 Secretary of Health and Human Services receives in writ15 ing from the Committee on Appropriations of both Houses 

16 of Congress confirmation of receipt of the notification re17 quired in this section. 

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

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

20 of personnel who prepare or submit appropriations lan21 guage as part of the President’s Budget submission to the 

22 Congress of the United States for programs under the juris23 diction of the Appropriations Subcommittees on Agri24 culture, Rural Development, Food and Drug Administra25 tion, and Related Agencies that assumes revenues or reflects 


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1 a reduction from the previous year due to user fees pro2 posals that have not been enacted into law prior to the sub3 mission of the Budget unless such Budget submission identi4 fies which additional spending reductions should occur in 

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

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

7 the fiscal year 2013 appropriations Act. 

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

9 1, 2012, up to 5 percent of the funding available for the 

10 following items for projects in areas that are engaged in 

11 strategic regional development planning as defined by the 

12 Secretary: business and industry guaranteed loans; rural 

13 development loan fund; rural business enterprise grants; 

14 rural business opportunity grants; rural economic develop15 ment program; rural microenterprise program; biorefinery 

16 assistance program; rural energy for America program; 

17 value-added producer grants; broadband program; water 

18 and waste program; and rural community facilities pro19 gram. 

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

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

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

23 following: 

24 (1) The Conservation Stewardship Program au25 thorized by sections 1238D–1238G of the Food SecuVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 rity of Act 1985 (16 U.S.C. 3838d–3838g) in excess 

2 of $809,000,000; 

3 (2) The Watershed Rehabilitation program au4 thorized by section 14(h) of the Watershed Protection 

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

6 (3) The Environmental Quality Incentives Pro7 gram as authorized by sections 1240–1240H of the 

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

9 3839aa–8) in excess of $1,400,000,000: Provided, 

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

11 for the Environmental Quality Incentives Program as 

12 authorized by sections 1240–1240H of the Food Secu13 rity Act of 1985 (16 U.S.C. 3839aa–3839aa(8)) may 

14 be transferred to a program as authorized by 16 

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

16 experienced significant flooding, as determined by the 

17 Secretary, in calendar year 2011: Provided further, 

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

19 agreements entered into with owners or operators in 

20 any one State; 

21 (4) The Farmland Protection Program as au22 thorized by section 1238I of the Food Security Act of 

23 1985 (16 U.S.C. 3838i) in excess of $150,000,000; 

24 (5) The Grassland Reserve Program as author25 ized by sections 1238O–1238Q of the Food Security 


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

2 140,907 acres in fiscal year 2012; 

3 (6) The Wetlands Reserve Program authorized by 

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

5 (16 U.S.C. 3837–3837f) to enroll in excess of 185,800 

6 acres in fiscal year 2012; 

7 (7) The Wildlife Habitat Incentives Act author8 ized by section 1240N of the Food Security Act of 

9 1985 (16 U.S.C. 3839bb–1)) in excess of $50,000,000; 

10 (8) The Voluntary Public Access and Habitat In11 centives Program authorized by section 1240R of the 

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

13 (9) The Bioenergy Program for Advanced 

14 Biofuels authorized by section 9005 of the Farm Secu15 rity and Rural Investment Act of 2002 (7 U.S.C. 

16 8105) in excess of $75,000,000; 

17 (10) The Rural Energy for America Program 

18 authorized by section 9007 of the Farm Security and 

19 Rural Investment Act of 2002 (7 U.S.C. 8107) in ex20 cess of $34,000,000; 

21 (11) Section 508(d)(3) of the Federal Crop In22 surance Act (7 U.S.C. 1508(d)(3)) to provide a per23 formance-based premium discount in the crop insur24 ance program; 


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1 (12) Agricultural Management Assistance Pro2 gram as authorized by section 524 of the Federal 

3 Crop Insurance Act, as amended (7 U.S.C. 1524) in 

4 excess of $2,500,000 for the Natural Resources Con5 servation Service; and 

6 (13) A program under subsection (b)(2)(A)(iv) of 

7 section 14222 of Public Law 110–246 in excess of 

8 $948,000,000, as follows: Child Nutrition Programs 

9 Entitlement Commodities—$465,000,000; State Op10 tion Contracts—$5,000,000; Removal of Defective 

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

12 funds made available in this Act or any other Act 

13 shall be used for salaries and expenses to carry out 

14 section 19(i)(1)(E) of the Richard B. Russell National 

15 School Lunch Act as amended by section 4304 of Pub16 lic Law 110–246 in excess of $20,000,000, including 

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

18 14222 of Public Law 110–246, until October 1, 2012: 

19 Provided further, That $133,000,000 made available 

20 on October 1, 2012, to carry out section 19(i)(1)(E) 

21 of the Richard B. Russell National School Lunch Act 

22 as amended by section 4304 of Public Law 110–246 

23 shall be excluded from the limitation described in sub24 section (b)(2)(A)(v) of section 14222 of Public Law 

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1 propriated or otherwise made available by this or any 

2 other Act shall be used to pay the salaries or expenses 

3 of any employee of the Department of Agriculture or 

4 officer of the Commodity Credit Corporation to carry 

5 out clause 3 of section 32 of the Agricultural Adjust6 ment Act of 1935 (Public Law 74–320, 7 U.S.C. 612c, 

7 as amended), or for any surplus removal activities or 

8 price support activities under section 5 of the Com9 modity Credit Corporation Charter Act: Provided fur10 ther, That of the available unobligated balances under 

11 (b)(2)(A)(iv) of section 14222 of Public Law 110–246, 

12 $150,000,000 are hereby rescinded. 

13 SEC. 727. Hereafter, notwithstanding section 

14 310B(g)(5) of the Consolidated Farm and Rural Develop15 ment Act (7 U.S.C. 1932(g)(5)), the Secretary may assess 

16 a one-time fee for any guaranteed business and industry 

17 loan in an amount that does not exceed 3 percent of the 

18 guaranteed principal portion of the loan. 

19 SEC. 728. None of the funds appropriated or otherwise 

20 made available to the Department of Agriculture or the 

21 Food and Drug Administration shall be used to transmit 

22 or otherwise make available to any non-Department of Ag23 riculture or non-Department of Health and Human Serv24 ices employee questions or responses to questions that are 


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1 a result of information requested for the appropriations 

2 hearing process. 

3 SEC. 729. (a) Clause (ii) of section 524(b)(4)(B) of the 

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

5 amended— 

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

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

8 and 

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

10 ‘‘2014’’. 

11 (b) Section 1238E(a) of the Food Security Act of 1985 

12 (16 U.S.C. 3838e(a)) is amended by striking ‘‘2012’’ and 

13 inserting ‘‘2014’’. 

14 (c) Section 1240B(a) of the Food Security Act of 1985 

15 (16 U.S.C. 3839aa–2(a)) is amended by striking ‘‘2012’’ 

16 and inserting ‘‘2014’’. 

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

18 1985 (16 U.S.C. 3841(a)(6)(E)) is amended by striking 

19 ‘‘fiscal year 2012’’ and inserting ‘‘each of fiscal years 2012 

20 through 2014’’. 

21 (e) Section 1241(a) of the Food Security Act of 1985 

22 (16 U.S.C. 3841(a)) is amended— 

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

24 striking ‘‘2012,’’ and inserting ‘‘2012 (and fiscal year 


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1 2014 in the case of the programs specified in para2 graphs (3)(B), (4), (6), and (7)),’’; and 

3 (2) in paragraph (4)(E), by striking ‘‘fiscal year 

4 2012’’ and inserting ‘‘each of fiscal years 2012 

5 through 2014’’. 

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

7 1985 (16 U.S.C. 3841(a)(7)(D)) is amended by striking 

8 ‘‘2012’’ and inserting ‘‘2014’’. 

9 SEC. 730. Any unobligated funds included under 

10 Treasury symbol codes 12X3336, 12X2268, 12X0132, 

11 12X2271, 12X2277, 12X1404, 12X1501, and 12X1336 are 

12 hereby rescinded. 

13 SEC. 731. Of the unobligated balances provided pursu14 ant to section 16(h)(1)(A) of the Food and Nutrition Act 

15 of 2008, $11,000,000 are hereby rescinded. 

16 SEC. 732. There is hereby appropriated for the ‘‘Emer17 gency Conservation Program’’, for expenses resulting from 

18 a major disaster designation pursuant to the Robert T. 

19 Stafford Disaster Relief and Emergency Assistance Act (42 

20 U.S.C. 5122(2)), $78,000,000, to remain available until ex21 pended: Provided, That this amount is designated by Con22 gress as being for disaster relief pursuant to section 

23 251(b)(2)(D) of the Balanced Budget and Emergency Def24 icit Control Act of 1985 (Public Law 99–177), as amended: 

25 Provided further, That there is hereby appropriated for the 


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1 ‘‘Emergency Forest Restoration Program’’, for expenses re2 sulting from a major disaster designation pursuant to the 

3 Robert T. Stafford Disaster Relief and Emergency Assist4 ance Act (42 U.S.C. 5122(2)), $49,000,000, to remain avail5 able until expended: Provided further, That this amount is 

6 designated by Congress as being for disaster relief pursuant 

7 to section 251(b)(2)(D) of the Balanced Budget and Emer8 gency Deficit Control Act of 1985 (Public Law 99–177), 

9 as amended: Provided further, That there is hereby appro10 priated for the ‘‘Emergency Watershed Protection Pro11 gram’’, for expenses resulting from a major disaster des12 ignation pursuant to the Robert T. Stafford Disaster Relief 

13 and Emergency Assistance Act (42 U.S.C. 5122(2)), 

14 $139,000,000, to remain available until expended: Provided 

15 further, That this amount is designated by Congress as 

16 being for disaster relief pursuant to section 251(b)(2)(D) 

17 of the Balanced Budget and Emergency Deficit Control Act 

18 of 1985 (Public Law 99–177), as amended. 

19 SEC. 733. (a) Notwithstanding any other provision of 

20 this Act— 

21 (1) the amount provided under section 732 for 

22 the emergency conservation program for expenses re23 sulting from a major disaster designation pursuant to 

24 the Robert T. Stafford Disaster Relief and Emergency 


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1 Assistance Act (42 U.S.C. 5122(2)) is increased by 

2 $48,700,000; and 

3 (2) the amount provided under section 732 for 

4 the emergency watershed protection program for ex5 penses resulting from a major disaster designation 

6 pursuant to the Robert T. Stafford Disaster Relief 

7 and Emergency Assistance Act (42 U.S.C. 5122(2)) is 

8 increased by $61,200,000. 

9 (b) The additional amounts provided under subsection 

10 (a)— 

11 (1) are designated by Congress as being for dis12 aster relief pursuant to section 251(b)(2)(D) of the 

13 Balanced Budget and Emergency Deficit Control Act 

14 of 1985 (2 U.S.C. 901(b)(2)(D)); 

15 (2) are subject to the same terms and conditions 

16 as any other amounts provided under section 732 for 

17 the same purposes; and 

18 (3) shall remain available until expended. 

19 SEC. 734. Unobligated balances not to exceed 

20 $31,000,000 for the ‘‘Emergency Watershed Protection Pro21 gram’’ provided in Public Law 108–199, Public Law 109– 

22 234, and Public Law 110–28 shall be available for the pur23 poses of such program for disasters occurring in 2011, and 

24 shall remain available until expended: Provided, That the 

25 amounts made available by this section are designated by 


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1 Congress as being for an emergency requirement pursuant 

2 to section 251(b)(2)(A)(i) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985 (Public Law 99– 

4 177), as amended. 

5 SEC. 735. None of the funds made available by this 

6 Act may be used to implement an interim final or final 

7 rule that— 

8 (1) sets any maximum limits on the serving of 

9 vegetables in school meal programs established under 

10 the Richard B. Russell National School Lunch Act 

11 (42 U.S.C. 1751 et seq.) and by section 4 of the Child 

12 Nutrition Act of 1966 (42 U.S.C. 1773); or 

13 (2) is inconsistent with the recommendations of 

14 the most recent Dietary Guidelines for Americans for 

15 vegetables. 

16 SEC. 736. For fiscal year 2012, section 363 of the Con17 solidated Farm and Rural Development Act (7 U.S.C. 

18 2006e) shall not apply to a project funded under the com19 munity facilities programs authorized under such Act. 

20 SEC. 737. Not later than 30 days after the date of en21 actment of this Act, the Secretary of Agriculture shall sub22 mit to the Committee on Appropriations of the House of 

23 Representatives and the Committee on Appropriations of 

24 the Senate a report describing plans to implement reduc25 tions to salaries and expenses accounts included in this Act. 


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1 SEC. 738. None of the funds made available by this 

2 Act may be used by the Secretary of Agriculture to provide 

3 direct payments under section 1103 or 1303 of the Food, 

4 Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 

5 8753) to any person or legal entity that has an average 

6 adjusted gross income (as defined in section 1001D of the 

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

8 of $1,000,000. 

9 This Act may be cited as the ‘‘Agriculture, Rural De10 velopment, Food and Drug Administration, and Related 

11 Agencies Appropriations Act, 2012’’. 

12 DIVISION B—COMMERCE, JUSTICE, 

13 SCIENCE, AND RELATED AGENCIES 

14 The following sums are appropriated, out of any 

15 money in the Treasury not otherwise appropriated, for De16 partments of Commerce and Justice, and Science, and Re17 lated Agencies for the fiscal year ending September 30, 

18 2012, and for other purposes, namely: 

19 TITLE I 

20 DEPARTMENT OF COMMERCE 

21 INTERNATIONAL TRADE ADMINISTRATION

22 OPERATIONS AND ADMINISTRATION

23 For necessary expenses for international trade activi24 ties of the Department of Commerce provided for by law, 

25 and for engaging in trade promotional activities abroad, 


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1 including expenses of grants and cooperative agreements for 

2 the purpose of promoting exports of United States firms, 

3 without regard to 44 U.S.C. 3702 and 3703; full medical 

4 coverage for dependent members of immediate families of 

5 employees stationed overseas and employees temporarily 

6 posted overseas; travel and transportation of employees of 

7 the International Trade Administration between two points 

8 abroad, without regard to 49 U.S.C. 40118; employment of 

9 Americans and aliens by contract for services; rental of 

10 space abroad for periods not exceeding 10 years, and ex11 penses of alteration, repair, or improvement; purchase or 

12 construction of temporary demountable exhibition struc13 tures for use abroad; payment of tort claims, in the manner 

14 authorized in the first paragraph of 28 U.S.C. 2672 when 

15 such claims arise in foreign countries; not to exceed 

16 $245,250 for official representation expenses abroad; pur17 chase of passenger motor vehicles for official use abroad, not 

18 to exceed $45,000 per vehicle; obtaining insurance on offi19 cial motor vehicles; and rental of tie lines, $441,104,000, 

20 to remain available until September 30, 2013, of which 

21 $9,439,000 is to be derived from fees to be retained and used 

22 by the International Trade Administration, notwith23 standing 31 U.S.C. 3302: Provided further, That the provi24 sions of the first sentence of section 105(f) and all of section 

25 108(c) of the Mutual Educational and Cultural Exchange 


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1 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 

2 in carrying out these activities without regard to section 

3 5412 of the Omnibus Trade and Competitiveness Act of 

4 1988 (15 U.S.C. 4912); and that for the purpose of this 

5 Act, contributions under the provisions of the Mutual Edu6 cational and Cultural Exchange Act of 1961 shall include 

7 payment for assessments for services provided as part of 

8 these activities: Provided further, That up to $2,500,000 

9 from amounts provided herein may be available for nec10 essary expenses of the Commercial Law Development Pro11 gram, including those authorized under section 636(a) of 

12 the Foreign Assistance Act of 1961 (22 U.S.C. 2396(a)). 

13 BUREAU OF INDUSTRY AND SECURITY

14 OPERATIONS AND ADMINISTRATION

15 For necessary expenses for export administration and 

16 national security activities of the Department of Commerce, 

17 including costs associated with the performance of export 

18 administration field activities both domestically and 

19 abroad; full medical coverage for dependent members of im20 mediate families of employees stationed overseas; employ21 ment of Americans and aliens by contract for services 

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

23 in the first paragraph of 28 U.S.C. 2672 when such claims 

24 arise in foreign countries; not to exceed $11,250 for official 

25 representation expenses abroad; awards of compensation to 


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1 informers under the Export Administration Act of 1979, 

2 and as authorized by 22 U.S.C. 401(b); and purchase of 

3 passenger motor vehicles for official use and motor vehicles 

4 for law enforcement use with special requirement vehicles 

5 eligible for purchase without regard to any price limitation 

6 otherwise established by law, $98,138,000, to remain avail7 able until expended, of which $31,279,000 shall be for in8 spections and other activities related to national security: 

9 Provided, That the provisions of the first sentence of section 

10 105(f) and all of section 108(c) of the Mutual Educational 

11 and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 

12 2458(c)) shall apply in carrying out these activities: Pro13 vided further, That payments and contributions collected 

14 and accepted for materials or services provided as part of 

15 such activities may be retained for use in covering the cost 

16 of such activities, and for providing information to the pub17 lic with respect to the export administration and national 

18 security activities of the Department of Commerce and other 

19 export control programs of the United States and other gov20 ernments. 

21 ECONOMIC DEVELOPMENT ADMINISTRATION

22 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

23 For grants for economic development assistance as pro24 vided by the Public Works and Economic Development Act 

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1 thorized by section 27 of the Stevenson-Wydler Technology 

2 Innovation Act of 1980 (15 U.S.C. 3701 et seq.), as added 

3 by section 603 of the America COMPETES Reauthorization 

4 Act of 2010 (Public Law 111–358), $220,000,000, to remain 

5 available until expended, of which $1,000,000 shall be for 

6 economic adjustment assistance grants under section 209 of 

7 the Public Works and Economic Development Act of 1965 

8 (42 U.S.C. 3149) to support innovative, utility-adminis9 tered energy efficiency programs for small businesses. 

10 For an additional amount for ‘‘Economic Development 

11 Assistance Programs’’ for expenses related to disaster relief, 

12 long-term recovery, and restoration of infrastructure in 

13 areas that received a major disaster designation in 2011 

14 pursuant to the Robert T. Stafford Disaster Relief and 

15 Emergency Assistance Act (42 U.S.C. 5122(2)), 

16 $135,000,000, to remain available until expended: Pro17 vided, That such amount is designated by Congress as being 

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

19 Balanced Budget and Emergency Deficit Control Act of 

20 1985 (Public Law 99–177), as amended. 

21 For an additional amount for ‘‘Economic Development 

22 Assistance Programs’’ for expenses related to disaster relief, 

23 long-term recovery, and restoration of infrastructure in 

24 areas that received a major disaster designation in 2011 

25 pursuant to the Robert T. Stafford Disaster Relief and 


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1 Emergency Assistance Act (42 U.S.C. 5122(2)), 

2 $365,000,000, to remain available until expended: Pro3 vided, That such amount is designated by Congress as being 

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

5 Balanced Budget and Emergency Deficit Control Act of 

6 1985 (Public Law 99–177), as amended. 

7 SALARIES AND EXPENSES

8 For necessary expenses of administering the economic 

9 development assistance programs as provided for by law, 

10 $37,166,000: Provided, That these funds may be used to 

11 monitor projects approved pursuant to title I of the Public 

12 Works Employment Act of 1976, title II of the Trade Act 

13 of 1974, and the Community Emergency Drought Relief Act 

14 of 1977. 

15 MINORITY BUSINESS DEVELOPMENT AGENCY

16 MINORITY BUSINESS DEVELOPMENT

17 For necessary expenses of the Department of Commerce 

18 in fostering, promoting, and developing minority business 

19 enterprise, including expenses of grants, contracts, and 

20 other agreements with public or private organizations, 

21 $29,732,000. 


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1 ECONOMIC AND STATISTICAL ANALYSIS

2 SALARIES AND EXPENSES

3 For necessary expenses, as authorized by law, of eco4 nomic and statistical analysis programs of the Department 

5 of Commerce, $95,119,000. 

6 BUREAU OF THE CENSUS

7 SALARIES AND EXPENSES

8 For expenses necessary for collecting, compiling, ana9 lyzing, preparing, and publishing statistics, provided for by 

10 law, $253,336,000: Provided, That from amounts provided 

11 herein, funds may be used for promotion, outreach, and 

12 marketing activities. 

13 PERIODIC CENSUSES AND PROGRAMS

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses to collect and publish statistics 

16 for periodic censuses and programs provided for by law, 

17 $690,000,000, to remain available until September 30, 

18 2013: Provided, That from amounts provided herein, funds 

19 may be used for additional promotion, outreach, and mar20 keting activities: Provided further, That within the amounts 

21 appropriated, $1,000,000 shall be transferred to the Office 

22 of the Inspector General for activities associated with car23 rying out investigations and audits related to the Bureau 

24 of the Census. 


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1 NATIONAL TELECOMMUNICATIONS AND INFORMATION

2 ADMINISTRATION

3 SALARIES AND EXPENSES

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

5 National Telecommunications and Information Adminis6 tration (NTIA), $45,568,000, to remain available until 

7 September 30, 2013: Provided, That, notwithstanding 31 

8 U.S.C. 1535(d), the Secretary of Commerce shall charge 

9 Federal agencies for costs incurred in spectrum manage10 ment, analysis, operations, and related services, and such 

11 fees shall be retained and used as offsetting collections for 

12 costs of such spectrum services, to remain available until 

13 expended: Provided further, That the Secretary of Com14 merce is authorized to retain and use as offsetting collec15 tions all funds transferred, or previously transferred, from 

16 other Government agencies for all costs incurred in tele17 communications research, engineering, and related activi18 ties by the Institute for Telecommunication Sciences of 

19 NTIA, in furtherance of its assigned functions under this 

20 paragraph, and such funds received from other Government 

21 agencies shall remain available until expended. 

22 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

23 CONSTRUCTION

24 For the administration of prior-year grants, recoveries 

25 and unobligated balances of funds previously appropriated 


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1 are hereafter available for the administration of all open 

2 grants until their expiration. 

3 UNITED STATES PATENT AND TRADEMARK OFFICE

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses of the United States Patent and 

7 Trademark Office (USPTO) provided for by law, including 

8 defense of suits instituted against the Under Secretary of 

9 Commerce for Intellectual Property and Director of the 

10 USPTO, $2,706,313,000 to remain available until ex11 pended: Provided, That the sum herein appropriated from 

12 the general fund shall be reduced as offsetting collections 

13 assessed and collected pursuant to 15 U.S.C. 1113 and 35 

14 U.S.C. 41 and 376 are received during fiscal year 2012, 

15 so as to result in a fiscal year 2012 appropriation from 

16 the general fund estimated at $0: Provided further, That 

17 during fiscal year 2012, should the total amount of offset18 ting fee collections and the surcharge provided herein be less 

19 than $2,706,313,000 this amount shall be reduced accord20 ingly: Provided further, That any amount received in excess 

21 of $2,706,313,000 in fiscal year 2012 and deposited in the 

22 Patent and Trademark Fee Reserve Fund shall remain 

23 available until expended: Provided further, That the Direc24 tor of the Patent and Trademark Office shall submit a 

25 spending plan to the Committees on Appropriations of the 


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1 House of Representatives and the Senate for any amounts 

2 made available by the preceding proviso and such spending 

3 plan shall be treated as a reprogramming under section 505 

4 of this Act and shall not be available for obligation or ex5 penditure except in compliance with the procedures set forth 

6 in that section: Provided further, That from amounts pro7 vided herein, not to exceed $750 shall be made available 

8 in fiscal year 2012 for official reception and representation 

9 expenses: Provided further, That in fiscal year 2012 from 

10 the amounts made available for ‘‘Salaries and Expenses’’ 

11 for the USPTO, the amounts necessary to pay: (1) the dif12 ference between the percentage of basic pay contributed by 

13 the USPTO and employees under section 8334(a) of title 

14 5, United States Code, and the normal cost percentage (as 

15 defined by section 8331(17) of that title) as provided by 

16 the Office of Personnel Management (OPM) for USPTO’s 

17 specific use, of basic pay, of employees subject to subchapter 

18 III of chapter 83 of that title; and (2) the present value 

19 of the otherwise unfunded accruing costs, as determined by 

20 OPM for USPTO’s specific use of post-retirement life insur21 ance and post-retirement health benefits coverage for all 

22 USPTO employees who are enrolled in Federal Employees 

23 Health Benefits (FEHB) and Federal Employees Group 

24 Life Insurance (FEGLI), shall be transferred to the Civil 

25 Service Retirement and Disability Fund, the Employees 


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1 Life Insurance Fund, and the Employees Health Benefits 

2 Fund, as appropriate, and shall be available for the author3 ized purposes of those accounts: Provided further, That any 

4 differences between the present value factors published in 

5 OPM’s yearly 300 series benefit letters and the factors that 

6 OPM provides for PTO’s specific use shall be recognized as 

7 an imputed cost on PTO’s financial statements, where ap8 plicable: Provided further, That sections 801, 802, and 803 

9 of division B, Public Law 108–447 shall remain in effect 

10 during fiscal year 2012: Provided further, That the Director 

11 may, this year, reduce by regulation fees payable for docu12 ments in patent and trademark matters, in connection with 

13 the filing of documents filed electronically in a form pre14 scribed by the Director: Provided further, That there shall 

15 be a surcharge of 15 percent, as provided for by section 11(i) 

16 of the Leahy-Smith America Invents Act: Provided further, 

17 That hereafter the Director shall reduce fees for providing 

18 prioritized examination of utility and plant patent appli19 cations by 50 percent for small entities that qualify for re20 duced fees under 35 U.S.C. 41(h)(1), so long as the fees of 

21 the prioritized examination program are set to recover the 

22 estimated cost of the program: Provided further, That the 

23 receipts collected as a result of these surcharges shall be 

24 available within the amounts provided herein to the United 

25 States Patent and Trademark Office without fiscal year 


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1 limitation, for all authorized activities and operations of 

2 the Office: Provided further, That within the amounts ap3 propriated, $1,000,000 shall be transferred to the Office of 

4 Inspector General for activities associated with carrying out 

5 investigations and audits related to the USPTO. 

6 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

7 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

8 For necessary expenses of the National Institute of 

9 Standards and Technology, $500,000,000, to remain avail10 able until expended, of which not to exceed $9,000,000 may 

11 be transferred to the ‘‘Working Capital Fund’’: Provided, 

12 That not to exceed $5,000 shall be for official reception and 

13 representation expenses. 

14 INDUSTRIAL TECHNOLOGY SERVICES

15 For necessary expenses of the Industrial Technology 

16 Services, $120,000,000 to remain available until expended: 

17 Provided, That of the amounts appropriated herein, 

18 $120,000,000 shall be for the Hollings Manufacturing Ex19 tension Partnership. 

20 CONSTRUCTION OF RESEARCH FACILITIES

21 For construction of new research facilities, including 

22 architectural and engineering design, and for renovation 

23 and maintenance of existing facilities, not otherwise pro24 vided for the National Institute of Standards and TechVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 nology, as authorized by 15 U.S.C. 278c–278e, $60,000,000, 

2 to remain available until expended. 

3 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

4 OPERATIONS, RESEARCH, AND FACILITIES

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses of activities authorized by law 

7 for the National Oceanic and Atmospheric Administration, 

8 including maintenance, operation, and hire of aircraft and 

9 vessels; grants, contracts, or other payments to nonprofit 

10 organizations for the purposes of conducting activities pur11 suant to cooperative agreements; and relocation of facilities, 

12 $3,134,327,000, to remain available until September 30, 

13 2013, except for funds provided for cooperative enforcement, 

14 which shall remain available until September 30, 2014: 

15 Provided, That fees and donations received by the National 

16 Ocean Service for the management of national marine sanc17 tuaries may be retained and used for the salaries and ex18 penses associated with those activities, notwithstanding 31 

19 U.S.C. 3302: Provided further, That in addition, 

20 $109,098,000 shall be derived by transfer from the fund en21 titled ‘‘Promote and Develop Fishery Products and Re22 search Pertaining to American Fisheries’’: Provided fur23 ther, That of the $3,250,425,000 provided for in direct obli24 gations under this heading $3,134,327,000 is appropriated 

25 from the general fund, and $109,098,000 is provided by 


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1 transfer and $7,000,000 is derived from recoveries of prior 

2 year obligations: Provided further, That payments of funds 

3 made available under this heading to the Department of 

4 Commerce Working Capital Fund including Department of 

5 Commerce General Counsel legal services shall not exceed 

6 $41,105,000: Provided further, That the total amount avail7 able for the National Oceanic and Atmospheric Administra8 tion corporate services administrative support costs shall 

9 not exceed $219,291,000: Provided further, That any devi10 ation from the amounts designated for specific activities in 

11 the explanatory statement accompanying this Act, or any 

12 use of deobligated balances of funds provided under this 

13 heading in previous years, shall be subject to the procedures 

14 set forth in section 505 of this Act: Provided further, That 

15 in allocating grants under sections 306 and 306A of the 

16 Coastal Zone Management Act of 1972, as amended, no 

17 coastal State shall receive more than 5 percent or less than 

18 1 percent of increased funds appropriated over the previous 

19 fiscal year. 

20 In addition, for necessary retired pay expenses under 

21 the Retired Serviceman’s Family Protection and Survivor 

22 Benefits Plan, and for payments for the medical care of 

23 retired personnel and their dependents under the Depend24 ents Medical Care Act (10 U.S.C. 55), such sums as may 

25 be necessary. 


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1 PROCUREMENT, ACQUISITION AND CONSTRUCTION

2 For procurement, acquisition and construction of cap3 ital assets, including alteration and modification costs, of 

4 the National Oceanic and Atmospheric Administration 

5 (NOAA), $1,833,594,000, to remain available until Sep6 tember 30, 2014, except funds provided for construction of 

7 facilities which shall remain available until expended: Pro8 vided, That of the $1,841,594,000 provided for in direct ob9 ligations under this heading, $1,833,594,000 is appro10 priated from the general fund and $8,000,000 is provided 

11 from recoveries of prior year obligations: Provided further, 

12 That any deviation from the amounts designated for spe13 cific activities in the explanatory statement accompanying 

14 this Act, or any use of deobligated balances of funds pro15 vided under this heading in previous years, shall be subject 

16 to the procedures set forth in section 505 of this Act: Pro17 vided further, That the Secretary of Commerce shall include 

18 in budget justification materials that the Secretary submits 

19 to Congress in support of the Department of Commerce 

20 budget (as submitted with the budget of the President under 

21 section 1105(a) of title 31, United States Code) an estimate 

22 for each NOAA Procurement, Acquisition or Construction 

23 project having a total of more than $5,000,000 and simulta24 neously the budget justification shall include an estimate 


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1 of the budgetary requirements for each such project for each 

2 of the 5 subsequent fiscal years. 

3 PACIFIC COASTAL SALMON RECOVERY FUND

4 For necessary expenses associated with the restoration 

5 of Pacific salmon populations, $65,000,000, to remain 

6 available until September 30, 2013: Provided, That of the 

7 funds provided herein the Secretary of Commerce may issue 

8 grants to the States of Washington, Oregon, Idaho, Nevada, 

9 California, and Alaska, and Federally recognized tribes of 

10 the Columbia River and Pacific Coast (including Alaska) 

11 for projects necessary for conservation of salmon and 

12 steelhead populations, for restoration of populations that 

13 are listed as threatened or endangered, or identified by a 

14 State as at-risk to be so-listed, for maintaining populations 

15 necessary for exercise of tribal treaty fishing rights or na16 tive subsistence fishing, or for conservation of Pacific coast17 al salmon and steelhead habitat, based on guidelines to be 

18 developed by the Secretary of Commerce: Provided further, 

19 That all funds shall be allocated based on scientific and 

20 other merit principles and shall not be available for mar21 keting activities: Provided further, That funds disbursed to 

22 States shall be subject to a matching requirement of funds 

23 or documented in-kind contributions of at least 33 percent 

24 of the Federal funds. 


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1 FISHERMEN’S CONTINGENCY FUND

2 For carrying out the provisions of title IV of Public 

3 Law 95–372, not to exceed $350,000, to be derived from re4 ceipts collected pursuant to that Act, to remain available 

5 until expended. 

6 FISHERIES FINANCE PROGRAM ACCOUNT

7 Subject to section 502 of the Congressional Budget Act 

8 of 1974, during fiscal year 2012, obligations of direct loans 

9 may not exceed $24,000,000 for Individual Fishing Quota 

10 loans and not to exceed $59,000,000 for traditional direct 

11 loans as authorized by the Merchant Marine Act of 1936: 

12 Provided, That none of the funds made available under this 

13 heading may be used for direct loans for any new fishing 

14 vessel that will increase the harvesting capacity in any 

15 United States fishery. 

16 DEPARTMENTAL MANAGEMENT

17 SALARIES AND EXPENSES

18 For expenses necessary for the departmental manage19 ment of the Department of Commerce provided for by law, 

20 including not to exceed $5,000 for official reception and 

21 representation, $56,726,000. 

22 RENOVATION AND MODERNIZATION

23 For expenses necessary, including blast windows, for 

24 the renovation and modernization of Department of ComVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 merce facilities, $5,000,000, to remain available until ex2 pended. 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector Gen5 eral in carrying out the provisions of the Inspector General 

6 Act of 1978 (5 U.S.C. App.) (as amended), $26,946,000. 

7 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

8 SEC. 101. During the current fiscal year, applicable 

9 appropriations and funds made available to the Depart10 ment of Commerce by this Act shall be available for the 

11 activities specified in the Act of October 26, 1949 (15 U.S.C. 

12 1514), to the extent and in the manner prescribed by the 

13 Act, and, notwithstanding 31 U.S.C. 3324, may be used for 

14 advanced payments not otherwise authorized only upon the 

15 certification of officials designated by the Secretary of Com16 merce that such payments are in the public interest. 

17 SEC. 102. During the current fiscal year, appropria18 tions made available to the Department of Commerce by 

19 this Act for salaries and expenses shall be available for hire 

20 of passenger motor vehicles as authorized by 31 U.S.C. 1343 

21 and 1344; services as authorized by 5 U.S.C. 3109; and uni22 forms or allowances therefor, as authorized by law (5 U.S.C. 

23 5901–5902). 

24 SEC. 103. Not to exceed 5 percent of any appropriation 

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1 ment of Commerce in this Act may be transferred between 

2 such appropriations, but no such appropriation shall be in3 creased by more than 10 percent by any such transfers: Pro4 vided, That any transfer pursuant to this section shall be 

5 treated as a reprogramming of funds under section 505 of 

6 this Act and shall not be available for obligation or expendi7 ture except in compliance with the procedures set forth in 

8 that section: Provided further, That the Secretary of Com9 merce shall notify the Committees on Appropriations at 

10 least 15 days in advance of the acquisition or disposal of 

11 any capital asset (including land, structures, and equip12 ment) not specifically provided for in this Act or any other 

13 law appropriating funds for the Department of Commerce: 

14 Provided further, That for the National Oceanic and Atmos15 pheric Administration this section shall provide for trans16 fers among appropriations made only to the National Oce17 anic and Atmospheric Administration and such appropria18 tions may not be transferred and reprogrammed to other 

19 Department of Commerce bureaus and appropriation ac20 counts. 

21 SEC. 104. Any costs incurred by a department or agen22 cy funded under this title resulting from personnel actions 

23 taken in response to funding reductions included in this 

24 title or from actions taken for the care and protection of 

25 loan collateral or grant property shall be absorbed within 


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1 the total budgetary resources available to such department 

2 or agency: Provided, That the authority to transfer funds 

3 between appropriations accounts as may be necessary to 

4 carry out this section is provided in addition to authorities 

5 included elsewhere in this Act: Provided further, That use 

6 of funds to carry out this section shall be treated as a re7 programming of funds under section 505 of this Act and 

8 shall not be available for obligation or expenditure except 

9 in compliance with the procedures set forth in that section. 

10 SEC. 105. The requirements set forth by section 112 

11 of division B of Public Law 110–161 are hereby adopted 

12 by reference. 

13 SEC. 106. Notwithstanding any other law, the Sec14 retary may furnish services (including but not limited to 

15 utilities, telecommunications, and security services) nec16 essary to support the operation, maintenance, and improve17 ment of space that persons, firms or organizations are au18 thorized pursuant to the Public Buildings Cooperative Use 

19 Act of 1976 or other authority to use or occupy in the Her20 bert C. Hoover Building, Washington, DC, or other build21 ings, the maintenance, operation, and protection of which 

22 has been delegated to the Secretary from the Administrator 

23 of General Services pursuant to the Federal Property and 

24 Administrative Services Act of 1949, as amended, on a re25 imbursable or non-reimbursable basis. Amounts received as 


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1 reimbursement for services provided under this section or 

2 the authority under which the use or occupancy of the space 

3 is authorized, up to $200,000, shall be credited to the appro4 priation or fund which initially bears the costs of such serv5 ices. 

6 SEC. 107. Nothing in this title shall be construed to 

7 prevent a grant recipient from deterring child pornography, 

8 copyright infringement, or any other unlawful activity over 

9 its networks. 

10 SEC. 108. The administration of the National Oceanic 

11 and Atmospheric Administration is authorized to use, with 

12 their consent, with reimbursement and subject to the limits 

13 of available appropriations, the land, services, equipment, 

14 personnel, and facilities of any department, agency or in15 strumentality of the United States, or of any State, local 

16 government, Indian tribal government, Territory or posses17 sion, or of any political subdivision thereof, or of any for18 eign government or international organization for purposes 

19 related to carrying out the responsibilities of any statute 

20 administered by the National Oceanic and Atmospheric Ad21 ministration. 

22 SEC. 109. All balances in the Coastal Zone Manage23 ment Fund, whether unobligated or unavailable, are hereby 

24 permanently cancelled, and notwithstanding section 308(b) 

25 of the Coastal Zone Management Act of 1972, as amended 


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1 (16 U.S.C. 1456a), any future payments to the Fund made 

2 pursuant to sections 307 (16 U.S.C. 1456) and 308 (16 

3 U.S.C. 1456a) of the Coastal Zone Management Act of 

4 1972, as amended, shall, in this fiscal year and any future 

5 fiscal years, be treated in accordance with the Federal Cred6 it Reform Act of 1990, as amended. 

7 SEC. 110. There is established in the Treasury a non8 interest bearing fund to be known as the ‘‘Fisheries Enforce9 ment Asset Forfeiture Fund’’, which shall consist of all 

10 sums received as fines, penalties, and forfeitures of property 

11 for violations of any provisions of 16 U.S.C. chapter 38 

12 or of any other marine resource law enforced by the Sec13 retary of Commerce, including the Lacey Act Amendments 

14 of 1981 (16 U.S.C. 3371 et seq.) and with the exception 

15 of collections pursuant to 16 U.S.C. 1437, which are cur16 rently deposited in the Operations, Research, and Facilities 

17 account: Provided, That all unobligated balances that have 

18 been collected pursuant to 16 U.S.C. 1861 or any other ma19 rine resource law enforced by the Secretary of Commerce 

20 with the exception of 16 U.S.C. 1437 shall be transferred 

21 from the Operations, Research, and Facilities account into 

22 the Fisheries Enforcement Asset Forfeiture Fund and shall 

23 remain available until expended. 

24 SEC. 111. There is established in the Treasury a non25 interest bearing fund to be known as the ‘‘Sanctuaries EnVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 forcement Asset Forfeiture Fund’’, which shall consist of all 

2 sums received as fines, penalties, and forfeitures of property 

3 for violations of any provisions of 16 U.S.C. chapter 38, 

4 which are currently deposited in the Operations, Research, 

5 and Facilities account: Provided, That all unobligated bal6 ances that have been collected pursuant to 16 U.S.C. 1437 

7 shall be transferred from the Operations, Research, and Fa8 cilities account into the Sanctuaries Enforcement Asset 

9 Forfeiture Fund and shall remain available until expended. 

10 SEC. 112. Notwithstanding any other provision of law, 

11 the National Oceanic and Atmospheric Administration is 

12 authorized to receive and expend funds made available by 

13 any Federal agency, State or subdivision thereof, public or 

14 private organization, or individual to carry out any statute 

15 administered by the National Oceanic and Atmospheric Ad16 ministration: Provided, That use of funds to carry out this 

17 section shall be treated as a reprogramming of funds under 

18 section 505 of this Act and shall not be available for obliga19 tion or expenditure except in compliance with the proce20 dures set forth in that section. 

21 SEC. 113. (a) The Secretary of State shall ensure par22 ticipation in the Commission for the Conservation and 

23 Management of Highly Migratory Fish Stocks in the West24 ern and Central Pacific Ocean (‘‘Commission’’) and its sub25 sidiary bodies by American Samoa, Guam, and the NorthVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 ern Mariana Islands (collectively, the U.S. Participating 

2 Territories) to the same extent provided to the territories 

3 of other nations. 

4 (b) The U.S. Participating Territories are each au5 thorized to use, assign, allocate, and manage catch limits 

6 of highly migratory fish stocks, or fishing effort limits, 

7 agreed to by the Commission for the participating terri8 tories of the Convention for the Conservation and Manage9 ment of Highly Migratory Fish Stocks in the Western and 

10 Central Pacific Ocean, through arrangements with U.S. 

11 vessels with permits issued under the Pelagics Fishery Man12 agement Plan of the Western Pacific Region. Vessels under 

13 such arrangements are integral to the domestic fisheries of 

14 the U.S. Participating Territories provided that such ar15 rangements shall impose no requirements regarding where 

16 such vessels must fish or land their catch and shall be fund17 ed by deposits to the Western Pacific Sustainable Fisheries 

18 Fund in support of fisheries development projects identified 

19 in a Territory’s Marine Conservation Plan and adopted 

20 pursuant to section 204 of the Magnuson-Stevens Fishery 

21 Conservation and Management Act (16 U.S.C. 1824). The 

22 Secretary of Commerce shall attribute catches made by ves23 sels operating under such arrangements to the U.S. Partici24 pating Territories for the purposes of annual reporting to 

25 the Commission. 


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1 (c) The Western Pacific Regional Fisheries Manage2 ment Council— 

3 (1) is authorized to accept and deposit into the 

4 Western Pacific Sustainable Fisheries Fund funding 

5 for arrangements pursuant to subsection (b); 

6 (2) shall use amounts deposited under paragraph 

7 (1) that are attributable to a particular U.S. Partici8 pating Territory only for implementation of that Ter9 ritory’s Marine Conservation Plan adopted pursuant 

10 to section 204 of the Magnuson-Stevens Fishery Con11 servation and Management Act (16 U.S.C. 1824); and 

12 (3) shall recommend an amendment to the 

13 Pelagics Fishery Management Plan for the Western 

14 Pacific Region, and associated regulations, to imple15 ment this section. 

16 (d) Subsection (b) shall remain in effect until such 

17 time as— 

18 (1) the Western Pacific Regional Fishery Man19 agement Council recommends an amendment to the 

20 Pelagics Fishery Management Plan for the Western 

21 Pacific Region, and implementing regulations, to the 

22 Secretary of Commerce that authorize use, assign23 ment, allocation, and management of catch limits of 

24 highly migratory fish stocks, or fishing effort limits, 


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1 established by the Commission and applicable to U.S. 

2 Participating Territories; 

3 (2) the Secretary of Commerce approves the 

4 amendment as recommended; and 

5 (3) such implementing regulations become effec6 tive. 

7 SEC. 114. (a) REPORT TO CONGRESS.—Not later than 

8 6 months after the date of the enactment of this Act, the 

9 National Aquatic Animal Health Task Force shall submit 

10 to the Committee on Commerce, Science, and Transpor11 tation of the Senate and the Committee on Natural Re12 sources of the House of Representatives a report of the find13 ings of the research objectives described in subsection (b). 

14 (b) RESEARCH AND SURVEILLANCE.—The National 

15 Aquatic Animal Health Task Force shall establish Infec16 tious Salmon Anemia research objectives, in collaboration 

17 the with the Government of Canada, and Federal, State, 

18 and tribal governments, including the Department of Fish 

19 and Wildlife of Washington and the Department of Fish 

20 and Game of Alaska, to assess— 

21 (1) the prevalence of Infectious Salmon Anemia 

22 in both wild and aquaculture salmonid populations 

23 throughout Alaska, Washington, Oregon, California, 

24 and Idaho; 


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1 (2) genetic susceptibility by population and spe2 cies; 

3 (3) susceptibility of populations to Infectious 

4 Salmon Anemia from geographic and oceanographic 

5 factors; 

6 (4) potential transmission pathways between in7 fectious Canadian sockeye and uninfected salmonid 

8 populations in United States waters; 

9 (5) management strategies to rapidly respond to 

10 potential Infectious Salmon Anemia outbreaks in both 

11 wild and aquaculture populations, including securing 

12 the water supplies at conservation hatcheries to pro13 tect hatchery fish from exposure to the Infectious 

14 Salmon Anemia virus present in incoming surface 

15 water; 

16 (6) potential economic impacts of Infectious 

17 Salmon Anemia; 

18 (7) any role foreign salmon farms may have in 

19 spreading Infectious Salmon Anemia to wild popu20 lations; 

21 (8) the identity of any potential Federal, State, 

22 tribal, and international research partners; 

23 (9) available baseline data, including baseline 

24 data available from a collaborating entity; and 


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1 (10) other Infectious Salmon Anemia research 

2 priorities, as determined by the Task Force. 

3 This title may be cited as the ‘‘Department of Com4 merce Appropriations Act, 2012’’. 

5 TITLE II 

6 DEPARTMENT OF JUSTICE 

7 GENERAL ADMINISTRATION

8 SALARIES AND EXPENSES

9 For expenses necessary for the administration of the 

10 Department of Justice, $115,886,000, of which not to exceed 

11 $4,000,000 for security and construction of Department of 

12 Justice facilities shall remain available until expended: 

13 Provided, That the Attorney General is authorized to trans14 fer funds appropriated within General Administration to 

15 any office in this account: Provided further, That 

16 $18,903,000 is for Department Leadership; $8,311,000 is 

17 for Intergovernmental Relations/External Affairs; 

18 $12,925,000 is for Executive Support/Professional Respon19 sibility; and $75,747,000 is for the Justice Management Di20 vision: Provided further, That any change in amounts spec21 ified in the preceding proviso greater than 5 percent shall 

22 be submitted for approval to the House and Senate Commit23 tees on Appropriations consistent with the terms of section 

24 505 of this Act: Provided further, That this transfer authorVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 ity is in addition to transfers authorized under section 505 

2 of this Act. 

3 NATIONAL DRUG INTELLIGENCE CENTER

4 For necessary expenses of the National Drug Intel5 ligence Center, including reimbursement of Air Force per6 sonnel for the National Drug Intelligence Center to support 

7 the Department of Defense’s counter-drug intelligence re8 sponsibilities, $20,000,000: Provided, That the National 

9 Drug Intelligence Center shall maintain the personnel and 

10 technical resources to provide timely support to law enforce11 ment authorities and the intelligence community by con12 ducting document and computer exploitation of materials 

13 collected in Federal, State, and local law enforcement activ14 ity associated with counter-drug, counterterrorism, and na15 tional security investigations and operations. 

16 JUSTICE INFORMATION SHARING TECHNOLOGY

17 For necessary expenses for information sharing tech18 nology, including planning, development, deployment and 

19 departmental direction, $47,000,000, to remain available 

20 until expended. 

21 TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

22 For the costs of developing and implementing a na23 tionwide Integrated Wireless Network supporting Federal 

24 law enforcement communications, and for the costs of oper25 ations and maintenance of existing Land Mobile Radio legVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 acy systems, $87,000,000, to remain available until ex2 pended: Provided, That the Attorney General shall transfer 

3 to this account all funds made available to the Department 

4 of Justice for the purchase of portable and mobile radios: 

5 Provided further, That any transfer made under the pre6 ceding proviso shall be subject to section 505 of this Act. 

7 ADMINISTRATIVE REVIEW AND APPEALS

8 (INCLUDING TRANSFER OF FUNDS)

9 For expenses necessary for the administration of par10 don and clemency petitions and immigration-related activi11 ties, $294,082,000, of which $4,000,000 shall be derived by 

12 transfer from the Executive Office for Immigration Review 

13 fees deposited in the ‘‘Immigration Examinations Fee’’ ac14 count. 

15 DETENTION TRUSTEE

16 For necessary expenses of the Federal Detention Trust17 ee, $1,563,453,000, to remain available until expended: Pro18 vided, That the Trustee shall be responsible for managing 

19 the Justice Prisoner and Alien Transportation System: 

20 Provided further, That not to exceed $20,000,000 shall be 

21 considered ‘‘funds appropriated for State and local law en22 forcement assistance’’ pursuant to 18 U.S.C. 4013(b). 


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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector Gen3 eral, $84,199,000, including not to exceed $10,000 to meet 

4 unforeseen emergencies of a confidential character. 

5 UNITED STATES PAROLE COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the United States Parole 

8 Commission as authorized, $12,577,000. 

9 LEGAL ACTIVITIES

10 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

11 For expenses necessary for the legal activities of the 

12 Department of Justice, not otherwise provided for, includ13 ing not to exceed $20,000 for expenses of collecting evidence, 

14 to be expended under the direction of, and to be accounted 

15 for solely under the certificate of, the Attorney General; and 

16 rent of private or Government-owned space in the District 

17 of Columbia, $846,099,000, of which not to exceed 

18 $10,000,000 for litigation support contracts shall remain 

19 available until expended: Provided, That of the total 

20 amount appropriated, not to exceed $7,500 shall be avail21 able to INTERPOL Washington for official reception and 

22 representation expenses: Provided further, That notwith23 standing section 205 of this Act, upon a determination by 

24 the Attorney General that emergent circumstances require 

25 additional funding for litigation activities of the Civil DiviVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 sion, the Attorney General may transfer such amounts to 

2 ‘‘Salaries and Expenses, General Legal Activities’’ from 

3 available appropriations for the current fiscal year for the 

4 Department of Justice, as may be necessary to respond to 

5 such circumstances: Provided further, That any transfer 

6 pursuant to the previous proviso shall be treated as a re7 programming under section 505 of this Act and shall not 

8 be available for obligation or expenditure except in compli9 ance with the procedures set forth in that section: Provided 

10 further, That of the amount appropriated, such sums as 

11 may be necessary shall be available to reimburse the Office 

12 of Personnel Management for salaries and expenses associ13 ated with the election monitoring program under section 

14 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f): Pro15 vided further, That of the amounts provided under this 

16 heading for the election monitoring program $3,390,000, 

17 shall remain available until expended. 

18 In addition, for reimbursement of expenses of the De19 partment of Justice associated with processing cases under 

20 the National Childhood Vaccine Injury Act of 1986, not to 

21 exceed $7,833,000, to be appropriated from the Vaccine In22 jury Compensation Trust Fund. 

23 SALARIES AND EXPENSES, ANTITRUST DIVISION

24 For expenses necessary for the enforcement of antitrust 

25 and kindred laws, $159,587,000, to remain available until 


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1 expended: Provided, That notwithstanding any other provi2 sion of law, fees collected for premerger notification filings 

3 under the Hart-Scott-Rodino Antitrust Improvements Act 

4 of 1976 (15 U.S.C. 18a), regardless of the year of collection 

5 (and estimated to be $108,000,000 in fiscal year 2012), 

6 shall be retained and used for necessary expenses in this 

7 appropriation, and shall remain available until expended: 

8 Provided further, That the sum herein appropriated from 

9 the general fund shall be reduced as such offsetting collec10 tions are received during fiscal year 2012, so as to result 

11 in a final fiscal year 2012 appropriation from the general 

12 fund estimated at $51,587,000. 

13 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

14 For necessary expenses of the Offices of the United 

15 States Attorneys, including inter-governmental and cooper16 ative agreements, $1,891,532,000: Provided, That of the 

17 total amount appropriated, not to exceed $6,000 shall be 

18 available for official reception and representation expenses: 

19 Provided further, That not to exceed $25,000,000 shall re20 main available until expended: Provided further, That of 

21 the amount provided under this heading, not less than 

22 $43,184,000 shall be used for salaries and expenses for as23 sistant U.S. Attorneys to carry out section 704 of the Adam 

24 Walsh Child Protection and Safety Act of 2006 (Public Law 


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1 109–248) concerning the prosecution of offenses relating to 

2 the sexual exploitation of children. 

3 UNITED STATES TRUSTEE SYSTEM FUND

4 For necessary expenses of the United States Trustee 

5 Program, as authorized, $234,115,000, to remain available 

6 until expended and to be derived from the United States 

7 Trustee System Fund: Provided, That notwithstanding any 

8 other provision of law, deposits to the Fund shall be avail9 able in such amounts as may be necessary to pay refunds 

10 due depositors: Provided further, That, notwithstanding 

11 any other provision of law, $234,115,000 of offsetting collec12 tions pursuant to 28 U.S.C. 589a(b) shall be retained and 

13 used for necessary expenses in this appropriation and shall 

14 remain available until expended: Provided further, That the 

15 sum herein appropriated from the Fund shall be reduced 

16 as such offsetting collections are received during fiscal year 

17 2012, so as to result in a final fiscal year 2012 appropria18 tion from the Fund estimated at $0. 

19 SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT

20 COMMISSION

21 For expenses necessary to carry out the activities of 

22 the Foreign Claims Settlement Commission, including serv23 ices as authorized by section 3109 of title 5, United States 

24 Code, $2,071,000. 


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1 FEES AND EXPENSES OF WITNESSES

2 For fees and expenses of witnesses, for expenses of con3 tracts for the procurement and supervision of expert wit4 nesses, for private counsel expenses, including advances, 

5 and for expenses of foreign counsel, $270,000,000, to remain 

6 available until expended: Provided, That not to exceed 

7 $10,000,000 may be made available for construction of 

8 buildings for protected witness safesites: Provided further, 

9 That not to exceed $3,000,000 may be made available for 

10 the purchase and maintenance of armored and other vehi11 cles for witness security caravans: Provided further, That 

12 not to exceed $11,000,000 may be made available for the 

13 purchase, installation, maintenance, and upgrade of secure 

14 telecommunications equipment and a secure automated in15 formation network to store and retrieve the identities and 

16 locations of protected witnesses. 

17 SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

18 For necessary expenses of the Community Relations 

19 Service, $11,227,000: Provided, That notwithstanding sec20 tion 205 of this Act, upon a determination by the Attorney 

21 General that emergent circumstances require additional 

22 funding for conflict resolution and violence prevention ac23 tivities of the Community Relations Service, the Attorney 

24 General may transfer such amounts to the Community Re25 lations Service, from available appropriations for the curVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 rent fiscal year for the Department of Justice, as may be 

2 necessary to respond to such circumstances: Provided fur3 ther, That any transfer pursuant to the preceding proviso 

4 shall be treated as a reprogramming under section 505 of 

5 this Act and shall not be available for obligation or expendi6 ture except in compliance with the procedures set forth in 

7 that section. 

8 ASSETS FORFEITURE FUND

9 For expenses authorized by 28 U.S.C. 524(c)(1)(B), 

10 (F), and (G), $20,990,000, to be derived from the Depart11 ment of Justice Assets Forfeiture Fund. 

12 UNITED STATES MARSHALS SERVICE

13 SALARIES AND EXPENSES

14 For necessary expenses of the United States Marshals 

15 Service, $1,111,041,000; of which not to exceed $10,000,000 

16 shall be available for necessary expenses for increased dep17 uty marshals and staff related to Southwest border enforce18 ment until September 30, 2012; of which not to exceed 

19 $6,000 shall be available for official reception and represen20 tation expenses; and of which not to exceed $20,000,000 

21 shall remain available until expended. 

22 CONSTRUCTION

23 For construction in space controlled, occupied or uti24 lized by the United States Marshals Service for prisoner 

25 holding and related support, $20,250,000, of which 


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1 $8,250,000 shall be available for detention upgrades at Fed2 eral courthouses located in the Southwest border region, to 

3 remain available until expended; of which not less than 

4 $9,696,000 shall be available for the costs of courthouse secu5 rity equipment, including furnishings, relocations, and tele6 phone systems and cabling. 

7 NATIONAL SECURITY DIVISION

8 SALARIES AND EXPENSES

9 For expenses necessary to carry out the activities of 

10 the National Security Division, $86,007,000; of which not 

11 to exceed $5,000,000 for information technology systems 

12 shall remain available until expended: Provided, That not13 withstanding section 205 of this Act, upon a determination 

14 by the Attorney General that emergent circumstances re15 quire additional funding for the activities of the National 

16 Security Division, the Attorney General may transfer such 

17 amounts to this heading from available appropriations for 

18 the current fiscal year for the Department of Justice, as 

19 may be necessary to respond to such circumstances: Pro20 vided further, That any transfer pursuant to the preceding 

21 proviso shall be treated as a reprogramming under section 

22 505 of this Act and shall not be available for obligation 

23 or expenditure except in compliance with the procedures set 

24 forth in that section. 


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1 INTERAGENCY LAW ENFORCEMENT

2 INTERAGENCY CRIME AND DRUG ENFORCEMENT

3 For necessary expenses for the identification, inves4 tigation, and prosecution of individuals associated with the 

5 most significant drug trafficking and affiliated money 

6 laundering organizations not otherwise provided for, to in7 clude inter-governmental agreements with State and local 

8 law enforcement agencies engaged in the investigation and 

9 prosecution of individuals involved in organized crime drug 

10 trafficking, $516,962,000, of which $50,000,000 shall re11 main available until expended: Provided, That any 

12 amounts obligated from appropriations under this heading 

13 may be used under authorities available to the organiza14 tions reimbursed from this appropriation. 

15 FEDERAL BUREAU OF INVESTIGATION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Bureau of Inves18 tigation for detection, investigation, and prosecution of 

19 crimes against the United States, $7,785,000,000, of which 

20 not to exceed $150,000,000 shall remain available until ex21 pended: Provided, That not to exceed $153,750 shall be 

22 available for official reception and representation expenses. 

23 CONSTRUCTION

24 For all necessary expenses, to include the cost of equip25 ment, furniture, and information technology requirements, 


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1 related to construction or acquisition of buildings, facilities 

2 and sites by purchase, or as otherwise authorized by law; 

3 conversion, modification and extension of Federally owned 

4 buildings; and preliminary planning and design of projects; 

5 $75,000,000, to remain available until expended. 

6 DRUG ENFORCEMENT ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Drug Enforcement Ad9 ministration, including not to exceed $70,000 to meet un10 foreseen emergencies of a confidential character pursuant 

11 to 28 U.S.C. 530C; and expenses for conducting drug edu12 cation and training programs, including travel and related 

13 expenses for participants in such programs and the dis14 tribution of items of token value that promote the goals of 

15 such programs, $1,900,084,000; of which not to exceed 

16 $75,000,000 shall remain available until expended; and of 

17 which not to exceed $75,000 shall be available for official 

18 reception and representation expenses. 

19 CONSTRUCTION

20 For necessary expenses, to include the cost of equip21 ment, furniture, and information technology requirements, 

22 related to construction or acquisition of buildings; and op23 eration and maintenance of secure work environment facili24 ties and secure networking capabilities; $10,000,000, to re25 main available until expended. 


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1 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

2 EXPLOSIVES

3 SALARIES AND EXPENSES

4 For necessary expenses of the Bureau of Alcohol, To5 bacco, Firearms and Explosives, not to exceed $30,000 for 

6 official reception and representation expenses; for training 

7 of State and local law enforcement agencies with or without 

8 reimbursement, including training in connection with the 

9 training and acquisition of canines for explosives and fire 

10 accelerants detection; and for provision of laboratory assist11 ance to State and local law enforcement agencies, with or 

12 without reimbursement, $1,090,292,000, of which not to ex13 ceed $1,000,000 shall be available for the payment of attor14 neys’ fees as provided by section 924(d)(2) of title 18, 

15 United States Code; and of which not to exceed $20,000,000 

16 shall remain available until expended: Provided, That no 

17 funds appropriated herein shall be available for salaries or 

18 administrative expenses in connection with consolidating or 

19 centralizing, within the Department of Justice, the records, 

20 or any portion thereof, of acquisition and disposition of 

21 firearms maintained by Federal firearms licensees: Pro22 vided further, That no funds appropriated herein shall be 

23 used to pay administrative expenses or the compensation 

24 of any officer or employee of the United States to implement 

25 an amendment or amendments to 27 CFR 478.118 or to 


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1 change the definition of ‘‘Curios or relics’’ in 27 CFR 

2 478.11 or remove any item from ATF Publication 5300.11 

3 as it existed on January 1, 1994: Provided further, That 

4 none of the funds appropriated herein shall be available to 

5 investigate or act upon applications for relief from Federal 

6 firearms disabilities under 18 U.S.C. 925(c): Provided fur7 ther, That such funds shall be available to investigate and 

8 act upon applications filed by corporations for relief from 

9 Federal firearms disabilities under section 925(c) of title 

10 18, United States Code: Provided further, That no funds 

11 made available by this or any other Act may be used to 

12 transfer the functions, missions, or activities of the Bureau 

13 of Alcohol, Tobacco, Firearms and Explosives to other agen14 cies or Departments in fiscal year 2012: Provided further, 

15 That, beginning in fiscal year 2012 and thereafter, no funds 

16 appropriated under this or any other Act may be used to 

17 disclose part or all of the contents of the Firearms Trace 

18 System database maintained by the National Trace Center 

19 of the Bureau of Alcohol, Tobacco, Firearms and Explosives 

20 or any information required to be kept by licensees pursu21 ant to section 923(g) of title 18, United States Code, or re22 quired to be reported pursuant to paragraphs (3) and (7) 

23 of such section 923(g), except to: (1) a Federal, State, local, 

24 or tribal law enforcement agency, or a Federal, State, or 

25 local prosecutor; or (2) a foreign law enforcement agency 


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1 solely in connection with or for use in a criminal investiga2 tion or prosecution; or (3) a Federal agency for a national 

3 security or intelligence purpose; unless such disclosure of 

4 such data to any of the entities described in (1), (2) or (3) 

5 of this proviso would compromise the identity of any under6 cover law enforcement officer or confidential informant, or 

7 interfere with any case under investigation; and no person 

8 or entity described in (1), (2) or (3) shall knowingly and 

9 publicly disclose such data; and all such data shall be im10 mune from legal process, shall not be subject to subpoena 

11 or other discovery, shall be inadmissible in evidence, and 

12 shall not be used, relied on, or disclosed in any manner, 

13 nor shall testimony or other evidence be permitted based 

14 on the data, in a civil action in any State (including the 

15 District of Columbia) or Federal court or in an administra16 tive proceeding other than a proceeding commenced by the 

17 Bureau of Alcohol, Tobacco, Firearms and Explosives to en18 force the provisions of chapter 44 of such title, or a review 

19 of such an action or proceeding; except that this proviso 

20 shall not be construed to prevent: (A) the disclosure of statis21 tical information concerning total production, importation, 

22 and exportation by each licensed importer (as defined in 

23 section 921(a)(9) of such title) and licensed manufacturer 

24 (as defined in section 921(a)(10) of such title); (B) the shar25 ing or exchange of such information among and between 


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1 Federal, State, local, or foreign law enforcement agencies, 

2 Federal, State, or local prosecutors, and Federal national 

3 security, intelligence, or counterterrorism officials; or (C) 

4 the publication of annual statistical reports on products 

5 regulated by the Bureau of Alcohol, Tobacco, Firearms and 

6 Explosives, including total production, importation, and 

7 exportation by each licensed importer (as so defined) and 

8 licensed manufacturer (as so defined), or statistical aggre9 gate data regarding firearms traffickers and trafficking 

10 channels, or firearms misuse, felons, and trafficking inves11 tigations: Provided further, That no funds made available 

12 by this or any other Act shall be expended to promulgate 

13 or implement any rule requiring a physical inventory of 

14 any business licensed under section 923 of title 18, United 

15 States Code: Provided further, That no funds under this Act 

16 may be used to electronically retrieve information gathered 

17 pursuant to 18 U.S.C. 923(g)(4) by name or any personal 

18 identification code: Provided further, That no funds author19 ized or made available under this or any other Act may 

20 be used to deny any application for a license under section 

21 923 of title 18, United States Code, or renewal of such a 

22 license due to a lack of business activity, provided that the 

23 applicant is otherwise eligible to receive such a license, and 

24 is eligible to report business income or to claim an income 


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1 tax deduction for business expenses under the Internal Rev2 enue Code of 1986. 

3 FEDERAL PRISON SYSTEM

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Prison System 

6 for the administration, operation, and maintenance of Fed7 eral penal and correctional institutions, including purchase 

8 (not to exceed 835, of which 808 are for replacement only) 

9 and hire of law enforcement and passenger motor vehicles, 

10 and for the provision of technical assistance and advice on 

11 corrections related issues to foreign governments, 

12 $6,589,781,000: Provided, That the Attorney General may 

13 transfer to the Health Resources and Services Administra14 tion such amounts as may be necessary for direct expendi15 tures by that Administration for medical relief for inmates 

16 of Federal penal and correctional institutions: Provided 

17 further, That the Director of the Federal Prison System, 

18 where necessary, may enter into contracts with a fiscal 

19 agent or fiscal intermediary claims processor to determine 

20 the amounts payable to persons who, on behalf of the Fed21 eral Prison System, furnish health services to individuals 

22 committed to the custody of the Federal Prison System: Pro23 vided further, That not to exceed $4,500 shall be available 

24 for official reception and representation expenses: Provided 

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1 able for necessary operations until September 30, 2013: 

2 Provided further, That, of the amounts provided for con3 tract confinement, not to exceed $20,000,000 shall remain 

4 available until expended to make payments in advance for 

5 grants, contracts and reimbursable agreements, and other 

6 expenses authorized by section 501(c) of the Refugee Edu7 cation Assistance Act of 1980 (8 U.S.C. 1522 note), for the 

8 care and security in the United States of Cuban and Hai9 tian entrants: Provided further, That the Director of the 

10 Federal Prison System may accept donated property and 

11 services relating to the operation of the prison card program 

12 from a not-for-profit entity which has operated such pro13 gram in the past notwithstanding the fact that such not14 for-profit entity furnishes services under contracts to the 

15 Federal Prison System relating to the operation of pre-re16 lease services, halfway houses, or other custodial facilities. 

17 BUILDINGS AND FACILITIES

18 For planning, acquisition of sites and construction of 

19 new facilities; purchase and acquisition of facilities and re20 modeling, and equipping of such facilities for penal and 

21 correctional use, including all necessary expenses incident 

22 thereto, by contract or force account; and constructing, re23 modeling, and equipping necessary buildings and facilities 

24 at existing penal and correctional institutions, including 

25 all necessary expenses incident thereto, by contract or force 


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1 account, $90,000,000, to remain available until expended, 

2 of which not less than $66,965,000 shall be available only 

3 for modernization, maintenance and repair, and of which 

4 not to exceed $14,000,000 shall be available to construct 

5 areas for inmate work programs: Provided, That labor of 

6 United States prisoners may be used for work performed 

7 under this appropriation: Provided further, That none of 

8 the funds provided under this heading in this or any prior 

9 Act shall be available for the acquisition of any facility that 

10 is to be used wholly or in part for the incarceration or de11 tention of any individual detained at Naval Station, Guan12 tanamo Bay, Cuba, as of June 24, 2009. 

13 FEDERAL PRISON INDUSTRIES, INCORPORATED

14 The Federal Prison Industries, Incorporated, is hereby 

15 authorized to make such expenditures, within the limits of 

16 funds and borrowing authority available, and in accord 

17 with the law, and to make such contracts and commitments, 

18 without regard to fiscal year limitations as provided by sec19 tion 9104 of title 31, United States Code, as may be nec20 essary in carrying out the program set forth in the budget 

21 for the current fiscal year for such corporation, including 

22 purchase (not to exceed five for replacement only) and hire 

23 of passenger motor vehicles. 


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1 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

2 PRISON INDUSTRIES, INCORPORATED

3 Not to exceed $2,700,000 of the funds of the Federal 

4 Prison Industries, Incorporated shall be available for its ad5 ministrative expenses, and for services as authorized by sec6 tion 3109 of title 5, United States Code, to be computed 

7 on an accrual basis to be determined in accordance with 

8 the corporation’s current prescribed accounting system, and 

9 such amounts shall be exclusive of depreciation, payment 

10 of claims, and expenditures which such accounting system 

11 requires to be capitalized or charged to cost of commodities 

12 acquired or produced, including selling and shipping ex13 penses, and expenses in connection with acquisition, con14 struction, operation, maintenance, improvement, protec15 tion, or disposition of facilities and other property belong16 ing to the corporation or in which it has an interest. 

17 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

18 OFFICE ON VIOLENCE AGAINST WOMEN

19 VIOLENCE AGAINST WOMEN PREVENTION AND

20 PROSECUTION PROGRAMS

21 For grants, contracts, cooperative agreements, and 

22 other assistance for the prevention and prosecution of vio23 lence against women, as authorized by the Omnibus Crime 

24 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 

25 seq.) (‘‘the 1968 Act’’); the Violent Crime Control and Law 


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1 Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 

2 Act’’); the Victims of Child Abuse Act of 1990 (Public Law 

3 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies and 

4 Other Tools to end the Exploitation of Children Today Act 

5 of 2003 (Public Law 108–21); the Juvenile Justice and De6 linquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) 

7 (‘‘the 1974 Act’’); the Victims of Trafficking and Violence 

8 Protection Act of 2000 (Public Law 106–386) (‘‘the 2000 

9 Act’’); and the Violence Against Women and Department 

10 of Justice Reauthorization Act of 2005 (Public Law 109– 

11 162) (‘‘the 2005 Act’’); and for related victims services, 

12 $417,663,000, to remain available until expended: Pro13 vided, That except as otherwise provided by law, not to ex14 ceed 3 percent of funds made available under this heading 

15 may be used for expenses related to evaluation, training, 

16 and technical assistance: Provided further, That of the 

17 amount provided— 

18 (1) $194,000,000 is for grants to combat violence 

19 against women, as authorized by part T of the 1968 

20 Act, of which, notwithstanding such part T, 

21 $10,000,000 shall be available for programs relating 

22 to children exposed to violence; 

23 (2) $25,000,000 is for transitional housing as24 sistance grants for victims of domestic violence, stalkVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 ing or sexual assault as authorized by section 40299 

2 of the 1994 Act; 

3 (3) $3,000,000 is for the National Institute of 

4 Justice for research and evaluation of violence against 

5 women and related issues addressed by grant pro6 grams of the Office on Violence Against Women; 

7 (4) $10,000,000 is for a grant program to pro8 vide services to advocate for and respond to youth vic9 tims of domestic violence, dating violence, sexual as10 sault, and stalking; assistance to children and youth 

11 exposed to such violence; programs to engage men and 

12 youth in preventing such violence; and assistance to 

13 middle and high school students through education 

14 and other services related to such violence: Provided, 

15 That unobligated balances available for the programs 

16 authorized by sections 41201, 41204, 41303 and 

17 41305 of the 1994 Act shall be available for this pro18 gram: Provided further, That 10 percent of the total 

19 amount available for this grant program shall be 

20 available for grants under the program authorized by 

21 section 2015 of the 1968 Act; 

22 (5) $45,913,000 is for grants to encourage arrest 

23 policies as authorized by part U of the 1968 Act, of 

24 which $5,000,000 is for a homicide initiative; 


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1 (6) $25,000,000 is for sexual assault victims as2 sistance, as authorized by section 41601 of the 1994 

3 Act; 

4 (7) $34,000,000 is for rural domestic violence 

5 and child abuse enforcement assistance grants, as au6 thorized by section 40295 of the 1994 Act; 

7 (8) $9,000,000 is for grants to reduce violent 

8 crimes against women on campus, as authorized by 

9 section 304 of the 2005 Act; 

10 (9) $45,000,000 is for legal assistance for vic11 tims, as authorized by section 1201 of the 2000 Act; 

12 (10) $4,000,000 is for enhanced training and 

13 services to end violence against and abuse of women 

14 in later life, as authorized by section 40802 of the 

15 1994 Act; 

16 (11) $11,250,000 is for the safe havens for chil17 dren program, as authorized by section 1301 of the 

18 2000 Act; 

19 (12) $5,000,000 is for education and training to 

20 end violence against and abuse of women with dis21 abilities, as authorized by section 1402 of the 2000 

22 Act; 

23 (13) $4,000,000 is for the court training and im24 provements program, as authorized by section 41002 


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1 of the 1994 Act, of which $1,000,000 is to be used for 

2 a family court initiative; 

3 (14) $1,000,000 is for the National Resource 

4 Center on Workplace Responses to assist victims of 

5 domestic violence, as authorized by section 41501 of 

6 the 1994 Act; 

7 (15) $1,000,000 is for analysis and research on 

8 violence against Indian women, as authorized by sec9 tion 904 of the 2005 Act; and 

10 (16) $500,000 is for the Office on Violence 

11 Against Women to establish a national clearinghouse 

12 that provides training and technical assistance on 

13 issues relating to sexual assault of American Indian 

14 and Alaska Native women. 

15 SALARIES AND EXPENSES

16 For necessary expenses, not elsewhere specified in this 

17 title, for management and administration of programs 

18 within the Office on Violence Against Women, $20,580,000. 

19 OFFICE OF JUSTICE PROGRAMS

20 RESEARCH, EVALUATION, AND STATISTICS

21 (INCLUDING TRANSFER OF FUNDS)

22 For grants, contracts, cooperative agreements, and 

23 other assistance authorized by title I of the Omnibus Crime 

24 Control and Safe Streets Act of 1968 (‘‘the 1968 Act)’’; the 

25 Juvenile Justice and Delinquency Prevention Act of 1974 


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1 (‘‘the 1974 Act’’); the Missing Children’s Assistance Act (42 

2 U.S.C. 5771 et seq.); the Prosecutorial Remedies and Other 

3 Tools to end the Exploitation of Children Today Act of 2003 

4 (Public Law 108–21); the Justice for All Act of 2004 (Pub5 lic Law 108–405); the Violence Against Women and De6 partment of Justice Reauthorization Act of 2005 (Public 

7 Law 109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse 

8 Act of 1990 (Public Law 101–647); the Second Chance Act 

9 of 2007 (Public Law 110–199); the Victims of Crime Act 

10 of 1984 (Public Law 98–473); the Adam Walsh Child Pro11 tection and Safety Act of 2006 (Public Law 109–248) (‘‘the 

12 Adam Walsh Act’’); the PROTECT Our Children Act of 

13 2008 (Public Law 110–401); subtitle D of title II of the 

14 Homeland Security Act of 2002 (Public Law 107–296) 

15 (‘‘the 2002 Act’’); and other programs; $121,000,000, to re16 main available until expended, of which— 

17 (1) $45,000,000 is for criminal justice statistics 

18 programs, and other activities, as authorized by part 

19 C of title I of the 1968 Act, of which $36,000,000 is 

20 for the administration and redesign of the National 

21 Crime Victimization Survey; 

22 (2) $40,000,000 is for research, development, and 

23 evaluation programs, and other activities as author24 ized by part B of title I of the 1968 Act and subtitle 

25 D of title II of the 2002 Act: Provided, That of the 


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1 amounts provided under this heading, $5,000,000 is 

2 transferred directly to the National Institute of 

3 Standards and Technology’s Office of Law Enforce4 ment Standards from the National Institute of Justice 

5 for research, testing and evaluation programs; 

6 (3) $1,000,000 is for an evaluation clearinghouse 

7 program; and 

8 (4) $35,000,000 is for regional information shar9 ing activities, as authorized by part M of title I of 

10 the 1968 Act. 

11 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

12 (INCLUDING TRANSFER OF FUNDS)

13 For grants, contracts, cooperative agreements, and 

14 other assistance authorized by the Violent Crime Control 

15 and Law Enforcement Act of 1994 (Public Law 103–322) 

16 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe 

17 Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All 

18 Act of 2004 (Public Law 108–405); the Victims of Child 

19 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); 

20 the Trafficking Victims Protection Reauthorization Act of 

21 2005 (Public Law 109–164); the Violence Against Women 

22 and Department of Justice Reauthorization Act of 2005 

23 (Public Law 109–162) (‘‘the 2005 Act’’); the Adam Walsh 

24 Child Protection and Safety Act of 2006 (Public Law 109– 

25 248) (‘‘the Adam Walsh Act’’); the Victims of Trafficking 


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1 and Violence Protection Act of 2000 (Public Law 106–386); 

2 the NICS Improvement Amendments Act of 2007 (Public 

3 Law 110–180); subtitle D of title II of the Homeland Secu4 rity Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); 

5 the Second Chance Act of 2007 (Public Law 110–199); the 

6 Prioritizing Resources and Organization for Intellectual 

7 Property Act of 2008 (Public Law 110–403); the Victims 

8 of Crime Act of 1984 (Public Law 98–473); the Mentally 

9 Ill Offender Treatment and Crime Reduction Reauthoriza10 tion and Improvement Act of 2008 (Public Law 110–416); 

11 and other programs; $1,063,498,000, to remain available 

12 until expended as follows— 

13 (1) $395,000,000 for the Edward Byrne Memo14 rial Justice Assistance Grant program as authorized 

15 by subpart 1 of part E of title I of the 1968 Act (ex16 cept that section 1001(c), and the special rules for 

17 Puerto Rico under section 505(g), of title I of the 

18 1968 Act shall not apply for purposes of this Act); 

19 and, notwithstanding such subpart 1, to support in20 novative, place-based, evidence-based approaches to 

21 fighting crime and improving public safety, of which 

22 $3,000,000 is for a program to improve State and 

23 local law enforcement intelligence capabilities includ24 ing antiterrorism training and training to ensure 

25 that constitutional rights, civil liberties, civil rights, 


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1 and privacy interests are protected throughout the in2 telligence process, $4,000,000 is for a State and local 

3 assistance help desk and diagnostic center program, 

4 $5,000,000 is for a program to improve State, local 

5 and tribal probation supervision efforts and strate6 gies, and $3,000,000 is for a Preventing Violence 

7 Against Law Enforcement Officer Resilience and Sur8 vivability Initiative (VALOR): Provided, That funds 

9 made available under this heading may be used at the 

10 discretion of the Assistant Attorney General for the 

11 Office of Justice Programs to train Federal law en12 forcement under the VALOR Officer Safety Training 

13 Initiative; 

14 (2) $273,000,000 for the State Criminal Alien 

15 Assistance Program, as authorized by section 

16 241(i)(5) of the Immigration and Nationality Act (8 

17 U.S.C. 1231(i)(5)): Provided, That no jurisdiction 

18 shall request compensation for any cost greater than 

19 the actual cost for Federal immigration and other de20 tainees housed in State and local detention facilities; 

21 (3) $20,000,000 for the Northern and Southwest 

22 Border Prosecutor Initiatives to reimburse State, 

23 county, parish, tribal or municipal governments for 

24 costs associated with the prosecution of criminal cases 


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1 declined by local offices of the United States Attor2 neys; 

3 (4) $21,000,000 for competitive grants to im4 prove the functioning of the criminal justice system, 

5 to prevent or combat juvenile delinquency, and to as6 sist victims of crime (other than compensation); 

7 (5) $10,500,000 for victim services programs for 

8 victims of trafficking, as authorized by section 

9 107(b)(2) of Public Law 106–386 and for programs 

10 authorized under Public Law 109–164: Provided, 

11 That no less than $4,690,000 shall be for victim serv12 ices grants for foreign national victims of trafficking; 

13 (6) $35,000,000 for Drug Courts, as authorized 

14 by section 1001(25)(A) of title I of the 1968 Act; 

15 (7) $9,000,000 for mental health courts and 

16 adult and juvenile collaboration program grants, as 

17 authorized by parts V and HH of title I of the 1968 

18 Act, and the Mentally Ill Offender Treatment and 

19 Crime Reduction Reauthorization and Improvement 

20 Act of 2008 (Public Law 110–416); 

21 (8) $10,000,000 for grants for Residential Sub22 stance Abuse Treatment for State Prisoners, as au23 thorized by part S of title I of the 1968 Act; 


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1 (9) $4,000,000 for the Capital Litigation Im2 provement Grant Program, as authorized by section 

3 426 of Public Law 108–405; 

4 (10) $10,000,000 for economic, high technology 

5 and Internet crime prevention grants, as authorized 

6 by section 401 of Public Law 110–403; 

7 (11) $5,000,000 for a student loan repayment as8 sistance program pursuant to section 952 of Public 

9 Law 110–315; 

10 (12) $23,000,000 for activities, including sex of11 fender management assistance, authorized by the 

12 Adam Walsh Act and the Violent Crime Control Act 

13 of 1994 (Public Law 103–322); 

14 (13) $10,000,000 for an initiative relating to 

15 children exposed to violence; 

16 (14) $20,000,000 for an Edward Byrne Memo17 rial criminal justice innovation program; 

18 (15) $24,850,000 for the matching grant pro19 gram for law enforcement armor vests, as authorized 

20 by section 2501 of title I of the 1968 Act: Provided, 

21 That $1,500,000 is transferred directly to the Na22 tional Institute of Standards and Technology’s Office 

23 of Law Enforcement Standards for research, testing 

24 and evaluation programs; 


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1 (16) $1,000,000 for the National Sex Offender 

2 Public Web site; 

3 (17) $10,000,000 for competitive and evidence4 based programs to reduce gun crime and gang vio5 lence; 

6 (18) $10,000,000 for grants to assist State and 

7 tribal governments as authorized by the NICS Im8 provement Amendments Act of 2007 (Public Law 

9 110–180); 

10 (19) $8,000,000 for the National Criminal His11 tory Improvement Program for grants to upgrade 

12 criminal records; 

13 (20) $15,000,000 for Paul Coverdell Forensic 

14 Sciences Improvement Grants under part BB of title 

15 I of the 1968 Act; 

16 (21) $131,000,000 for DNA-related and forensic 

17 programs and activities, of which— 

18 (A) $123,000,000 is for the purposes of 

19 DNA analysis and DNA capacity enhancement 

20 as defined in the DNA Analysis Backlog Elimi21 nation Act of 2000 (the Debbie Smith DNA 

22 Backlog Grant Program), of which not less than 

23 $85,500,000 is to be used for grants to crime lab24 oratories for purposes under 42 U.S.C. 14135, 

25 section (a); not less than $11,000,000 is to be 


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1 used for the purposes of the Solving Cold Cases 

2 with DNA Grant Program; not less than 

3 $11,000,000 is to be used to audit and report on 

4 the extent of the backlog; and the remainder of 

5 funds appropriated under this paragraph may 

6 be used to support training programs specific to 

7 the needs of DNA laboratory personnel, and for 

8 programs outlined in sections 303, 304, 305 and 

9 308 of Public Law 108–405; 

10 (B) $4,000,000 is for the purposes described 

11 in the Kirk Bloodsworth Post-Conviction DNA 

12 Testing Program (Public Law 108–405, section 

13 412); and 

14 (C) $4,000,000 is for Sexual Assault Foren15 sic Exam Program Grants as authorized by sec16 tion 304 of Public Law 108–405. 

17 (22) $2,500,000 for the court-appointed special 

18 advocate program, as authorized by section 217 of the 

19 1990 Act; 

20 (23) $1,500,000 for child abuse training pro21 grams for judicial personnel and practitioners, as au22 thorized by section 222 of the 1990 Act; and 

23 (24) $3,000,000 for grants and technical assist24 ance in support of the National Forum on Youth Vio25 lence Prevention: 


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1 Provided, That if a unit of local government uses any of 

2 the funds made available under this heading to increase the 

3 number of law enforcement officers, the unit of local govern4 ment will achieve a net gain in the number of law enforce5 ment officers who perform non-administrative public sector 

6 safety service. 

7 JUVENILE JUSTICE PROGRAMS

8 For grants, contracts, cooperative agreements, and 

9 other assistance authorized by the Juvenile Justice and De10 linquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Om11 nibus Crime Control and Safe Streets Act of 1968 (‘‘the 

12 1968 Act’’); the Violence Against Women and Department 

13 of Justice Reauthorization Act of 2005 (Public Law 109– 

14 162) (‘‘the 2005 Act’’); the Missing Children’s Assistance 

15 Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies 

16 and Other Tools to end the Exploitation of Children Today 

17 Act of 2003 (Public Law 108–21); the Victims of Child 

18 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); 

19 the Adam Walsh Child Protection and Safety Act of 2006 

20 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the PRO21 TECT Our Children Act of 2008 (Public Law 110–401); 

22 and other juvenile justice programs, $251,000,000, to re23 main available until expended as follows— 

24 (1) $45,000,000 for programs authorized by sec25 tion 221 of the 1974 Act, and for training and techVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 nical assistance to assist small, non-profit organiza2 tions with the Federal grants process; 

3 (2) $55,000,000 for youth mentoring grants; 

4 (3) $33,000,000 for delinquency prevention, as 

5 authorized by section 505 of the 1974 Act, of which, 

6 pursuant to sections 261 and 262 thereof— 

7 (A) $15,000,000 shall be for the Tribal 

8 Youth Program; 

9 (B) $8,000,000 shall be for gang and youth 

10 violence education, prevention and intervention, 

11 and related activities; and 

12 (C) $10,000,000 shall be for programs and 

13 activities to enforce State laws prohibiting the 

14 sale of alcoholic beverages to minors or the pur15 chase or consumption of alcoholic beverages by 

16 minors, for prevention and reduction of con17 sumption of alcoholic beverages by minors, and 

18 for technical assistance and training; 

19 (4) $20,000,000 for programs authorized by the 

20 Victims of Child Abuse Act of 1990; 

21 (5) $30,000,000 for the Juvenile Accountability 

22 Block Grants program as authorized by part R of 

23 title I of the 1968 Act and Guam shall be considered 

24 a State; 


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1 (6) $8,000,000 for community-based violence pre2 vention initiatives; and 

3 (7) $60,000,000 for missing and exploited chil4 dren programs, including as authorized by sections 

5 404(b) and 405(a) of the 1974 Act: 

6 Provided, That not more than 10 percent of each amount 

7 may be used for research, evaluation, and statistics activi8 ties designed to benefit the programs or activities author9 ized: Provided further, That not more than 2 percent of each 

10 amount may be used for training and technical assistance: 

11 Provided further, That the previous two provisos shall not 

12 apply to grants and projects authorized by sections 261 and 

13 262 of the 1974 Act. 

14 SALARIES AND EXPENSES

15 For necessary expenses, not elsewhere specified in this 

16 title, for management and administration of programs 

17 within the Office of Justice Programs, $118,572,000. 

18 PUBLIC SAFETY OFFICER BENEFITS

19 For payments and expenses authorized under section 

20 1001(a)(4) of title I of the Omnibus Crime Control and Safe 

21 Streets Act of 1968, such sums as are necessary (including 

22 amounts for administrative costs, which amounts shall be 

23 paid to the ‘‘Salaries and Expenses’’ account), to remain 

24 available until expended; and $16,300,000 for payments au25 thorized by section 1201(b) of such Act and for educational 


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1 assistance authorized by section 1218 of such Act, to remain 

2 available until expended: Provided, That notwithstanding 

3 section 205 of this Act, upon a determination by the Attor4 ney General that emergent circumstances require additional 

5 funding for such disability and education payments, the At6 torney General may transfer such amounts to ‘‘Public Safe7 ty Officer Benefits’’ from available appropriations for the 

8 current fiscal year for the Department of Justice as may 

9 be necessary to respond to such circumstances: Provided fur10 ther, That any transfer pursuant to the previous proviso 

11 shall be treated as a reprogramming under section 505 of 

12 this Act and shall not be available for obligation or expendi13 ture except in compliance with the procedures set forth in 

14 that section. 

15 COMMUNITY ORIENTED POLICING SERVICES

16 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

17 (INCLUDING TRANSFERS OF FUNDS)

18 For activities authorized by the Violent Crime Control 

19 and Law Enforcement Act of 1994 (Public Law 103–322); 

20 the Omnibus Crime Control and Safe Streets Act of 1968 

21 (‘‘the 1968 Act’’); and the Violence Against Women and De22 partment of Justice Reauthorization Act of 2005 (Public 

23 Law 109–162) (‘‘the 2005 Act’’), $231,500,000, to remain 

24 available until expended: Provided, That any balances 

25 made available through prior year deobligations shall only 


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1 be available in accordance with section 505 of this Act. Of 

2 the amount provided: 

3 (1) $1,500,000 is for research, testing, and eval4 uation programs regarding law enforcement tech5 nologies and interoperable communications, and re6 lated law enforcement and public safety equipment, 

7 which shall be transferred directly to the National In8 stitute of Standards and Technology’s Office of Law 

9 Enforcement Standards from the Community Ori10 ented Policing Services Office; 

11 (2) $10,000,000 is for anti-methamphetamine-re12 lated activities, which shall be transferred to the Drug 

13 Enforcement Administration upon enactment of this 

14 Act; 

15 (3) $20,000,000 is for improving tribal law en16 forcement, including hiring, equipment, training, and 

17 anti-methamphetamine activities; and 

18 (4) $200,000,000 is for grants under section 

19 1701 of title I of the 1968 Act (42 U.S.C. 3796dd) for 

20 the hiring and rehiring of additional career law en21 forcement officers under part Q of such title notwith22 standing subsection (i) of such section: Provided, That 

23 notwithstanding subsection (g) of the 1968 Act (42 

24 U.S.C. 3796dd), the Federal share of the costs of a 

25 project funded by such grants may not exceed 75 perVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 cent unless the Director of the Office of Community 

2 Oriented Policing Services waives, wholly or in part, 

3 the requirement of a non-Federal contribution to the 

4 costs of a project: Provided further, That notwith5 standing 42 U.S.C. 3796dd–3(c), funding for hiring 

6 or rehiring a career law enforcement officer may not 

7 exceed $125,000, unless the Director of the Office of 

8 Community Oriented Policing Services grants a 

9 waiver from this limitation: Provided further, That 

10 within the amounts appropriated, $28,000,000 shall 

11 be used for the hiring and rehiring of tribal law en12 forcement officers: Provided further, That within the 

13 amounts appropriated, $10,000,000 is for community 

14 policing development activities. 

15 SALARIES AND EXPENSES

16 For necessary expenses, not elsewhere specified in this 

17 title, for management and administration of programs 

18 within the Community Oriented Policing Services Office, 

19 $24,500,000. 

20 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

21 SEC. 201. In addition to amounts otherwise made 

22 available in this title for official reception and representa23 tion expenses, a total of not to exceed $50,000 from funds 

24 appropriated to the Department of Justice in this title shall 


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1 be available to the Attorney General for official reception 

2 and representation expenses. 

3 SEC. 202. None of the funds appropriated by this title 

4 shall be available to pay for an abortion, except where the 

5 life of the mother would be endangered if the fetus were car6 ried to term, or in the case of rape: Provided, That should 

7 this prohibition be declared unconstitutional by a court of 

8 competent jurisdiction, this section shall be null and void. 

9 SEC. 203. None of the funds appropriated under this 

10 title shall be used to require any person to perform, or fa11 cilitate in any way the performance of, any abortion. 

12 SEC. 204. Nothing in the preceding section shall re13 move the obligation of the Director of the Bureau of Prisons 

14 to provide escort services necessary for a female inmate to 

15 receive such service outside the Federal facility: Provided, 

16 That nothing in this section in any way diminishes the 

17 effect of section 203 intended to address the philosophical 

18 beliefs of individual employees of the Bureau of Prisons. 

19 SEC. 205. Not to exceed 5 percent of any appropriation 

20 made available for the current fiscal year for the Depart21 ment of Justice in this Act may be transferred between such 

22 appropriations, but no such appropriation, except as other23 wise specifically provided, shall be increased by more than 

24 10 percent by any such transfers: Provided, That any trans25 fer pursuant to this section shall be treated as a reprogramVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 ming of funds under section 505 of this Act and shall not 

2 be available for obligation except in compliance with the 

3 procedures set forth in that section. 

4 SEC. 206. The Attorney General is authorized to extend 

5 through September 30, 2013, the Personnel Management 

6 Demonstration Project transferred to the Attorney General 

7 pursuant to section 1115 of the Homeland Security Act of 

8 2002, Public Law 107–296 (28 U.S.C. 599B) without limi9 tation on the number of employees or the positions covered. 

10 SEC. 207. Notwithstanding any other provision of law, 

11 Public Law 102–395 section 102(b) shall extend to the Bu12 reau of Alcohol, Tobacco, Firearms and Explosives in the 

13 conduct of undercover investigative operations and shall 

14 apply without fiscal year limitation with respect to any 

15 undercover investigative operation by the Bureau of Alco16 hol, Tobacco, Firearms and Explosives that is necessary for 

17 the detection and prosecution of crimes against the United 

18 States. 

19 SEC. 208. None of the funds made available to the De20 partment of Justice in this Act may be used for the purpose 

21 of transporting an individual who is a prisoner pursuant 

22 to conviction for crime under State or Federal law and is 

23 classified as a maximum or high security prisoner, other 

24 than to a prison or other facility certified by the Federal 


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1 Bureau of Prisons as appropriately secure for housing such 

2 a prisoner. 

3 SEC. 209. (a) None of the funds appropriated by this 

4 Act may be used by Federal prisons to purchase cable tele5 vision services, to rent or purchase videocassettes, video6 cassette recorders, or other audiovisual or electronic equip7 ment used primarily for recreational purposes. 

8 (b) The preceding sentence does not preclude the rent9 ing, maintenance, or purchase of audiovisual or electronic 

10 equipment for inmate training, religious, or educational 

11 programs. 

12 SEC. 210. None of the funds made available under this 

13 title shall be obligated or expended for any new or enhanced 

14 information technology program having total estimated de15 velopment costs in excess of $100,000,000, unless the Deputy 

16 Attorney General and the investment review board certify 

17 to the Committees on Appropriations that the information 

18 technology program has appropriate program management 

19 and contractor oversight mechanisms in place, and that the 

20 program is compatible with the enterprise architecture of 

21 the Department of Justice. 

22 SEC. 211. The notification thresholds and procedures 

23 set forth in section 505 of this Act shall apply to deviations 

24 from the amounts designated for specific activities in this 

25 Act and accompanying statement, and to any use of 


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1 deobligated balances of funds provided under this title in 

2 previous years. 

3 SEC. 212. None of the funds appropriated by this Act 

4 may be used to plan for, begin, continue, finish, process, 

5 or approve a public-private competition under the Office 

6 of Management and Budget Circular A–76 or any successor 

7 administrative regulation, directive, or policy for work per8 formed by employees of the Bureau of Prisons or of Federal 

9 Prison Industries, Incorporated. 

10 SEC. 213. Notwithstanding any other provision of law, 

11 no funds shall be available for the salary, benefits, or ex12 penses of any United States Attorney assigned dual or addi13 tional responsibilities by the Attorney General or his des14 ignee that exempt that United States Attorney from the 

15 residency requirements of 28 U.S.C. 545. 

16 SEC. 214. At the discretion of the Attorney General, 

17 and in addition to any amounts that otherwise may be 

18 available (or authorized to be made available) by law, with 

19 respect to funds appropriated by this Act under the head20 ings for ‘‘Research Evaluation and Statistics’’, ‘‘State and 

21 Local Law Enforcement Assistance’’, and ‘‘Juvenile Justice 

22 Programs’’— 

23 (1) Up to 3 percent of funds made available for 

24 grant or reimbursement programs may be used to 

25 provide training and technical assistance; 


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1 (2) Up to 3 percent of funds made available for 

2 grant or reimbursement programs under such head3 ings, except for amounts appropriated specifically for 

4 research, evaluation, or statistical programs adminis5 tered by the National Institute of Justice and the Bu6 reau of Justice Statistics, shall be transferred to and 

7 merged with funds provided to the National Institute 

8 of Justice and the Bureau of Justice Statistics, to be 

9 used by them for research, evaluation or statistical 

10 purposes, without regard to the authorizations for 

11 such grant or reimbursement programs, and of such 

12 amounts, $1,300,000 shall be transferred to the Bu13 reau of Prisons for Federal inmate research and eval14 uation purposes; and 

15 (3) 7 percent of funds made available for grant 

16 or reimbursement programs: 

17 (A) under the heading ‘‘State and Local 

18 Law Enforcement Assistance’’; or 

19 (B) under the headings ‘‘Research, Evalua20 tion and Statistics’’ and ‘‘Juvenile Justice Pro21 grams’’, to be transferred to and merged with 

22 funds made available under the heading ‘‘State 

23 and Local Law Enforcement Assistance’’, shall 

24 be available for tribal criminal justice assistance 


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1 without regard to the authorizations for such 

2 grant or reimbursement programs. 

3 SEC. 215. Notwithstanding any other provision of law, 

4 section 20109(a), in subtitle A of title II of the Violent 

5 Crime Control and Law Enforcement Act of 1994 (42 

6 U.S.C. 13709(a)), shall not apply to amounts made avail7 able by this title. 

8 SEC. 216. Section 530A of title 28, United States Code, 

9 is hereby amended by replacing ‘‘appropriated’’ with ‘‘used 

10 from appropriations’’, and by inserting ‘‘(2),’’ before ‘‘(3)’’. 

11 SEC. 217. (a) Within 30 days of enactment of this Act, 

12 the Attorney General shall report to the Committees on Ap13 propriations of the House of Representatives and the Senate 

14 a cost and schedule estimate for the final operating capa15 bility of the Federal Bureau of Investigation’s Sentinel pro16 gram, including the costs of Bureau employees engaged in 

17 development work, the costs of operating and maintaining 

18 Sentinel for 2 years after achievement of the final operating 

19 capability, and a detailed list of the functionalities included 

20 in the final operating capability compared to the 

21 functionalities included in the previous program baseline. 

22 (b) The report described in subsection (a) shall be sub23 mitted concurrently to the Department of Justice Office of 

24 Inspector General (OIG) and, within 60 days of receiving 

25 such report, the OIG shall provide an assessment of such 


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1 report to the Committees on Appropriations of the House 

2 of Representatives and the Senate. 

3 SEC. 218. No funds made available under this Act 

4 shall be used to allow the knowing transfer of firearms to 

5 agents of drug cartels where law enforcement personnel of 

6 the United States do not continuously monitor or control 

7 such firearms at all times. 

8 EVALUATION OF GULF COAST CLAIMS FACILITY

9 SEC. 219. The Attorney General shall identify an inde10 pendent auditor to evaluate the Gulf Coast Claims Facility. 

11 This title may be cited as the ‘‘Department of Justice 

12 Appropriations Act, 2012’’. 

13 TITLE III 

14 SCIENCE 

15 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

16 For necessary expenses of the Office of Science and 

17 Technology Policy, in carrying out the purposes of the Na18 tional Science and Technology Policy, Organization, and 

19 Priorities Act of 1976 (42 U.S.C. 6601–6671), hire of pas20 senger motor vehicles, and services as authorized by 5 

21 U.S.C. 3109, not to exceed $2,100 for official reception and 

22 representation expenses, and rental of conference rooms in 

23 the District of Columbia, $6,000,000. 


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1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

2 SCIENCE

3 For necessary expenses, not otherwise provided for, in 

4 the conduct and support of science research and develop5 ment 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; and 

12 purchase, lease, charter, maintenance, and operation of 

13 mission and administrative aircraft, $5,100,000,000, to re14 main available until September 30, 2013, of which up to 

15 $10,000,000 shall be available for a reimbursable agreement 

16 with the Department of Energy for the purpose of re-estab17 lishing facilities to produce fuel required for radio-isotope 

18 thermoelectric generators to enable future missions: Pro19 vided, That the development cost (as defined under 51 

20 U.S.C. 30104) for the James Webb Space Telescope shall 

21 not exceed $8,000,000,000: Provided further, That should 

22 the individual identified under subparagraph (c)(2)(E) of 

23 section 30104 of title 51 as responsible for the James Webb 

24 Space Telescope determine that the development cost of the 

25 program is likely to exceed that limitation, the individual 


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1 shall immediately notify the Administrator and the in2 crease shall be treated as if it meets the 30 percent threshold 

3 described in subsection (f) of section 30104 of title 51. 

4 AERONAUTICS

5 For necessary expenses, not otherwise provided for, in 

6 the conduct and support of aeronautics research and devel7 opment activities, including research, development, oper8 ations, support, and services; maintenance and repair, fa9 cility planning and design; space flight, spacecraft control, 

10 and communications activities; program management; per11 sonnel and related costs, including uniforms or allowances 

12 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex13 penses; purchase and hire of passenger motor vehicles; and 

14 purchase, lease, charter, maintenance, and operation of 

15 mission and administrative aircraft, $501,000,000, to re16 main available until September 30, 2013. 

17 SPACE TECHNOLOGY

18 For necessary expenses, not otherwise provided for, in 

19 the conduct and support of space research and technology 

20 development activities, including research, development, op21 erations, support, and services; maintenance and repair, fa22 cility planning and design; space flight, spacecraft control, 

23 and communications activities; program management; per24 sonnel and related costs, including uniforms or allowances 

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1 penses; purchase and hire of passenger motor vehicles; and 

2 purchase, lease, charter, maintenance, and operation of 

3 mission and administrative aircraft, $637,000,000, to re4 main available until September 30, 2013. 

5 EXPLORATION

6 For necessary expenses, not otherwise provided for, in 

7 the conduct and support of exploration research and devel8 opment activities, including research, development, oper9 ations, support, and services; maintenance and repair, fa10 cility planning and design; space flight, spacecraft control, 

11 and communications activities; program management, per12 sonnel and related costs, including uniforms or allowances 

13 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex14 penses; purchase and hire of passenger motor vehicles; and 

15 purchase, lease, charter, maintenance, and operation of 

16 mission and administrative aircraft, $3,775,000,000, to re17 main available until September 30, 2013: Provided, That 

18 not less than $1,200,000,000 shall be for the Orion multi19 purpose crew vehicle, not less than $1,800,000,000 shall be 

20 for the heavy lift launch vehicle system which shall have 

21 a lift capacity not less than 130 tons and which shall have 

22 an upper stage and other core elements developed simulta23 neously, $500,000,000 shall be for commercial spaceflight 

24 activities, and $275,000,000 shall be for exploration re25 search and development: Provided further, That 


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1 $192,600,000 of the funds provided for commercial 

2 spaceflight activities shall only be available after the NASA 

3 Administrator certifies to the Committees on Appropria4 tions, in writing, that NASA has published the required no5 tifications of NASA contract actions implementing the ac6 quisition strategy for the heavy lift launch vehicle system 

7 identified in section 302 of Public Law 111–267 and has 

8 begun to execute relevant contract actions in support of de9 velopment of the heavy lift launch vehicle system: Provided 

10 further, That funds made available under this heading 

11 within this Act may be transferred to ‘‘Construction and 

12 Environmental Compliance and Restoration’’ for construc13 tion activities related to the Orion multipurpose crew vehi14 cle and the heavy lift launch vehicle system: Provided fur15 ther, That funds so transferred shall be subject to the 5 per16 cent but shall not be subject to the 10 percent transfer limi17 tation described under the Administrative Provisions in 

18 this Act for the National Aeronautics and Space Adminis19 tration, shall be available until September 30, 2017, and 

20 shall be treated as a reprogramming under section 505 of 

21 this Act. 

22 SPACE OPERATIONS

23 For necessary expenses, not otherwise provided for, in 

24 the conduct and support of space operations research and 

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1 erations, support and services; space flight, spacecraft con2 trol and communications activities including operations, 

3 production, and services; maintenance and repair, facility 

4 planning and design; program management; personnel and 

5 related costs, including uniforms or allowances therefor, as 

6 authorized by 5 U.S.C. 5901–5902; travel expenses; pur7 chase and hire of passenger motor vehicles; and purchase, 

8 lease, charter, maintenance and operation of mission and 

9 administrative aircraft, $4,285,000,000, to remain avail10 able until September 30, 2013: Provided, That of the 

11 amounts provided under this heading, not more than 

12 $650,900,000 shall be for Space Shuttle operations, produc13 tion, research, development, and support, not more than 

14 $2,803,500,000 shall be for International Space Station op15 erations, production, research, development, and support, 

16 not more than $168,000,000 shall be for the 21st Century 

17 Launch Complex, and not more than $662,600,000 shall be 

18 for Space and Flight Support: Provided further, That funds 

19 made available under this heading for 21st Century Launch 

20 Complex may be transferred to ‘‘Construction and Environ21 mental Compliance and Restoration’’ for construction ac22 tivities only at NASA-owned facilities: Provided further, 

23 That funds so transferred shall not be subject to the transfer 

24 limitations described in the Administrative Provisions in 

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1 tration, shall be available until September 30, 2017, and 

2 shall be treated as a reprogramming under section 505 of 

3 this Act. 

4 EDUCATION

5 For necessary expenses, not otherwise provided for, in 

6 carrying out aerospace and aeronautical education research 

7 and development activities, including research, develop8 ment, operations, support, and services; program manage9 ment; personnel and related costs, uniforms or allowances 

10 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex11 penses; purchase and hire of passenger motor vehicles; and 

12 purchase, lease, charter, maintenance, and operation of 

13 mission and administrative aircraft, $138,400,000, to re14 main available until September 30, 2013. 

15 CROSS AGENCY SUPPORT

16 For necessary expenses, not otherwise provided for, in 

17 the conduct and support of science, aeronautics, explo18 ration, space operations and education 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; not 


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1 to exceed $52,500 for official reception and representation 

2 expenses; and purchase, lease, charter, maintenance, and 

3 operation of mission and administrative aircraft, 

4 $3,043,073,000: Provided, That not less than $39,100,000 

5 shall be available for independent verification and valida6 tion activities: Provided further, That contracts may be en7 tered into under this heading in fiscal year 2012 for main8 tenance and operation of facilities, and for other services, 

9 to be provided during the next fiscal year. 

10 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

11 RESTORATION

12 For necessary expenses for construction of facilities in13 cluding repair, rehabilitation, revitalization, and modifica14 tion of facilities, construction of new facilities and addi15 tions to existing facilities, facility planning and design, 

16 and restoration, and acquisition or condemnation of real 

17 property, as authorized by law, and environmental compli18 ance and restoration, $422,000,000, to remain available 

19 until September 30, 2017: Provided, That hereafter, not20 withstanding section 315 of the National Aeronautics and 

21 Space Act of 1958 (42 U.S.C. 2459j), all proceeds from 

22 leases entered into under that section shall be deposited into 

23 this account and shall be available for a period of 5 years, 

24 to the extent provided in annual appropriations Acts: Pro25 vided further, That such proceeds shall be available for obliVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 gation for fiscal year 2012 in an amount not to exceed 

2 $3,960,000: Provided further, That each annual budget re3 quest shall include an annual estimate of gross receipts and 

4 collections and proposed use of all funds collected pursuant 

5 to section 315 of the National Aeronautics and Space Act 

6 of 1958 (42 U.S.C. 2459j). 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector Gen9 eral in carrying out the Inspector General Act of 1978, 

10 $37,300,000. 

11 ADMINISTRATIVE PROVISIONS

12 Funds for announced prizes otherwise authorized shall 

13 remain available, without fiscal year limitation, until the 

14 prize is claimed or the offer is withdrawn. 

15 Not to exceed 5 percent of any appropriation made 

16 available for the current fiscal year for the National Aero17 nautics and Space Administration in this Act may be 

18 transferred between such appropriations, but no such ap19 propriation, except as otherwise specifically provided, shall 

20 be increased by more than 10 percent by any such transfers. 

21 Balances so transferred shall be merged with and available 

22 for the same purposes and the same time period as the ap23 propriations to which transferred. Any transfer pursuant 

24 to this provision shall be treated as a reprogramming of 

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1 able for obligation except in compliance with the procedures 

2 set forth in that section. 

3 The unexpired balances of previous accounts, for ac4 tivities for which funds are provided under this Act, may 

5 be transferred to the new accounts established in this Act 

6 that provide such activity. Balances so transferred shall be 

7 merged with the funds in the newly established accounts, 

8 but shall be available under the same terms, conditions and 

9 period of time as previously appropriated. 

10 Section 40902 of title 51, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(d) AVAILABILITY OF FUNDS.—The interest accruing 

13 from the National Aeronautics and Space Administration 

14 Endeavor Teacher Fellowship Trust Fund principal shall 

15 be available in fiscal year 2012 for the purpose of the En16 deavor Science Teacher Certificate Program.’’. 

17 Section 20145(b)(1) of title 51 is amended by inserting 

18 ‘‘(A)’’ before ‘‘A person’’ and adding at the end thereof the 

19 following new subparagraph (B) as follows: 

20 ‘‘(B) Notwithstanding subparagraph (A), 

21 the Administrator may accept in-kind consider22 ation for leases entered into for the purpose of 

23 developing renewable energy production facili24 ties.’’. 


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1 The spending plan required by section 540 of this Act 

2 shall be provided by NASA at the theme, program, project 

3 and activity level. The spending plan, as well as any subse4 quent change of an amount established in that spending 

5 plan that meets the notification requirements of section 505 

6 of this Act, shall be treated as a reprogramming under sec7 tion 505 of this Act and shall not be available for obligation 

8 or expenditure except in compliance with the procedures set 

9 forth in that section. 

10 NATIONAL SCIENCE FOUNDATION

11 RESEARCH AND RELATED ACTIVITIES

12 For necessary expenses in carrying out the National 

13 Science Foundation Act of 1950, as amended (42 U.S.C. 

14 1861–1875), and the Act to establish a National Medal of 

15 Science (42 U.S.C. 1880–1881); services as authorized by 

16 5 U.S.C. 3109; maintenance and operation of aircraft and 

17 purchase of flight services for research support; acquisition 

18 of aircraft; and authorized travel; $5,443,000,000, to re19 main available until September 30, 2013, of which not to 

20 exceed $550,000,000 shall remain available until expended 

21 for polar research and operations support, and for reim22 bursement to other Federal agencies for operational and 

23 science support and logistical and other related activities 

24 for the United States Antarctic program: Provided, That 

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1 nished by the National Research Centers and other National 

2 Science Foundation supported research facilities may be 

3 credited to this appropriation: Provided further, That not 

4 less than $146,830,000 shall be available for activities au5 thorized by section 7002(c)(2)(A)(iv) of Public Law 110– 

6 69: Provided further, That up to $100,000,000 of funds 

7 made available under this heading within this Act may be 

8 transferred to ‘‘Major Research Equipment and Facilities 

9 Construction’’: Provided further, That funds so transferred 

10 shall not be subject to the transfer limitations described in 

11 the Administrative Provisions in this Act for the National 

12 Science Foundation, and shall be available until expended 

13 only after notification of such transfer to the Committees 

14 on Appropriations. 

15 MAJOR RESEARCH EQUIPMENT AND FACILITIES

16 CONSTRUCTION

17 For necessary expenses for the acquisition, construc18 tion, commissioning, and upgrading of major research 

19 equipment, facilities, and other such capital assets pursuant 

20 to the National Science Foundation Act of 1950, as amend21 ed (42 U.S.C. 1861–1875), including authorized travel, 

22 $117,055,000, to remain available until expended: Pro23 vided, That none of the funds may be used to reimburse 

24 the Judgment Fund. 


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1 EDUCATION AND HUMAN RESOURCES

2 For necessary expenses in carrying out science, mathe3 matics and engineering education and human resources 

4 programs and activities pursuant to the National Science 

5 Foundation Act of 1950, as amended (42 U.S.C. 1861– 

6 1875), including services as authorized by 5 U.S.C. 3109, 

7 authorized travel, and rental of conference rooms in the Dis8 trict of Columbia, $829,000,000, to remain available until 

9 September 30, 2013: Provided, That not less than 

10 $54,890,000 shall be available until expended for activities 

11 authorized by section 7030 of Public Law 110–69. 

12 AGENCY OPERATIONS AND AWARD MANAGEMENT

13 For agency operations and award management nec14 essary in carrying out the National Science Foundation Act 

15 of 1950, as amended (42 U.S.C. 1861–1875); services au16 thorized by 5 U.S.C. 3109; hire of passenger motor vehicles; 

17 not to exceed $6,900 for official reception and representa18 tion expenses; uniforms or allowances therefor, as author19 ized by 5 U.S.C. 5901–5902; rental of conference rooms in 

20 the District of Columbia; and reimbursement of the Depart21 ment of Homeland Security for security guard services; 

22 $290,400,000: Provided, That contracts may be entered into 

23 under this heading in fiscal year 2012 for maintenance and 

24 operation of facilities, and for other services, to be provided 

25 during the next fiscal year. 


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1 OFFICE OF THE NATIONAL SCIENCE BOARD

2 For necessary expenses (including payment of salaries, 

3 authorized travel, hire of passenger motor vehicles, the rent4 al of conference rooms in the District of Columbia, and the 

5 employment of experts and consultants under section 3109 

6 of title 5, United States Code) involved in carrying out sec7 tion 4 of the National Science Foundation Act of 1950, as 

8 amended (42 U.S.C. 1863) and Public Law 86–209 (42 

9 U.S.C. 1880 et seq.), $4,440,000: Provided, That not to ex10 ceed $2,100 shall be available for official reception and rep11 resentation expenses. 

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector Gen14 eral as authorized by the Inspector General Act of 1978, 

15 as amended, $14,200,000. 

16 ADMINISTRATIVE PROVISION

17 Not to exceed 5 percent of any appropriation made 

18 available for the current fiscal year for the National Science 

19 Foundation in this Act may be transferred between such 

20 appropriations, but no such appropriation shall be in21 creased by more than 10 percent by any such transfers. Any 

22 transfer pursuant to this section shall be treated as a re23 programming of funds under section 505 of this Act and 

24 shall not be available for obligation except in compliance 

25 with the procedures set forth in that section. 


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1 This title may be cited as the ‘‘Science Appropriations 

2 Act, 2012’’. 

3 TITLE IV 

4 RELATED AGENCIES 

5 COMMISSION ON CIVIL RIGHTS

6 SALARIES AND EXPENSES

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of the Commission on Civil 

9 Rights, including hire of passenger motor vehicles, 

10 $9,193,000: Provided, That none of the funds appropriated 

11 in this paragraph shall be used to employ in excess of four 

12 full-time individuals under Schedule C of the Excepted 

13 Service exclusive of one special assistant for each Commis14 sioner: Provided further, That none of the funds appro15 priated in this paragraph shall be used to reimburse Com16 missioners for more than 75 billable days, with the excep17 tion of the chairperson, who is permitted 125 billable days: 

18 Provided further, That none of the funds appropriated in 

19 this paragraph shall be used for any activity or expense 

20 that is not explicitly authorized by 42 U.S.C. 1975a: Pro21 vided further, That there shall be an Inspector General at 

22 the Commission on Civil Rights who shall have the duties, 

23 responsibilities, and authorities specified in the Inspector 

24 General Act of 1978, as amended: Provided further, That 

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1 eral of the Equal Employment Opportunity Commission 

2 (EEOC) shall, by virtue of such appointment, also hold the 

3 position of Inspector General of the Commission on Civil 

4 Rights: Provided further, That the Inspector General of the 

5 Commission on Civil Rights shall utilize personnel of the 

6 Office of Inspector General of EEOC in performing the du7 ties of the Inspector General of the Commission on Civil 

8 Rights, and shall not appoint any individuals to positions 

9 within the Commission on Civil Rights: Provided further, 

10 That of the amounts made available in this paragraph, 

11 $800,000 shall be transferred directly to the Office of Inspec12 tor General of EEOC upon enactment of this Act for sala13 ries and expenses necessary to carry out the duties of the 

14 Inspector General of the Commission on Civil Rights. 

15 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Equal Employment Op18 portunity Commission as authorized by title VII of the 

19 Civil Rights Act of 1964, the Age Discrimination in Em20 ployment Act of 1967, the Equal Pay Act of 1963, the Amer21 icans with Disabilities Act of 1990, the Civil Rights Act 

22 of 1991, the Genetic Information Non-Discrimination Act 

23 (GINA) of 2008 (Public Law 110–233), the ADA Amend24 ments Act of 2008 (Public Law 110–325), and the Lilly 

25 Ledbetter Fair Pay Act of 2009 (Public Law 111–2), inVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 cluding services as authorized by 5 U.S.C. 3109; hire of pas2 senger motor vehicles as authorized by 31 U.S.C. 1343(b); 

3 and nonmonetary awards to private citizens, $329,837,000: 

4 Provided, That the Commission is authorized to make 

5 available for official reception and representation expenses 

6 not to exceed $1,875 from available funds: Provided further, 

7 That the Commission may take no action to implement any 

8 workforce repositioning, restructuring, or reorganization 

9 until such time as the Committees on Appropriations have 

10 been notified of such proposals, in accordance with the re11 programming requirements of section 505 of this Act: Pro12 vided further, That the Chair is authorized to accept and 

13 use any gift or donation to carry out the work of the Com14 mission. 

15 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

16 For payments to State and local enforcement agencies 

17 for authorized services to the Commission, $29,400,000. 

18 INTERNATIONAL TRADE COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the International Trade 

21 Commission, including hire of passenger motor vehicles, 

22 and services as authorized by 5 U.S.C. 3109, and not to 

23 exceed $1,875 for official reception and representation ex24 penses, $80,062,000, to remain available until expended. 


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1 LEGAL SERVICES CORPORATION

2 PAYMENT TO THE LEGAL SERVICES CORPORATION

3 For payment to the Legal Services Corporation to 

4 carry out the purposes of the Legal Services Corporation 

5 Act of 1974, $396,106,000, of which $370,506,000 is for 

6 basic field programs and required independent audits; 

7 $4,200,000 is for the Office of Inspector General, of which 

8 such amounts as may be necessary may be used to conduct 

9 additional audits of recipients; $17,000,000 is for manage10 ment and grants oversight; $3,400,000 is for client self-help 

11 and information technology; and $1,000,000 is for loan re12 payment assistance: Provided, That the Legal Services Cor13 poration may continue to provide locality pay to officers 

14 and employees at a rate no greater than that provided by 

15 the Federal Government to Washington, DC-based employ16 ees as authorized by 5 U.S.C. 5304, notwithstanding section 

17 1005(d) of the Legal Services Corporation Act, 42 U.S.C. 

18 2996(d): Provided further, That the authorities provided in 

19 section 205 of this Act shall be applicable to the Legal Serv20 ices Corporation. 

21 ADMINISTRATIVE PROVISION—LEGAL SERVICES

22 CORPORATION

23 None of the funds appropriated in this Act to the Legal 

24 Services Corporation shall be expended for any purpose pro25 hibited or limited by, or contrary to any of the provisions 


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1 of, sections 501, 502, 503, 504, 505, and 506 of Public Law 

2 105–119, and all funds appropriated in this Act to the 

3 Legal Services Corporation shall be subject to the same 

4 terms and conditions set forth in such sections, except that 

5 all references in sections 502 and 503 to 1997 and 1998 

6 shall be deemed to refer instead to 2011 and 2012, respec7 tively. 

8 Section 504 of the Departments of Commerce, Justice, 

9 and State, the Judiciary, and Related Agencies Appropria10 tions Act, 1996 (as contained in Public Law 104–134) is 

11 amended: 

12 (1) in subsection (a), in the matter preceding 

13 paragraph (1), by inserting after ‘‘)’’ the following: 

14 ‘‘that uses Federal funds (or funds from any source 

15 with regard to paragraphs (14) and (15) in a man16 ner’’; 

17 (2) by striking subsection (d); and 

18 (3) by redesignating subsections (e) and (f) as 

19 subsections (d) and (e), respectively. 

20 MARINE MAMMAL COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Marine Mammal Com23 mission as authorized by title II of Public Law 92–522, 

24 $3,025,000. 


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1 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of the United 

4 States Trade Representative, including the hire of passenger 

5 motor vehicles and the employment of experts and consult6 ants as authorized by 5 U.S.C. 3109, $46,775,000, of which 

7 $1,000,000 shall remain available until expended: Provided, 

8 That not to exceed $93,000 shall be available for official 

9 reception and representation expenses. 

10 STATE JUSTICE INSTITUTE

11 SALARIES AND EXPENSES

12 For necessary expenses of the State Justice Institute, 

13 as authorized by the State Justice Institute Authorization 

14 Act of 1984 (42 U.S.C. 10701 et seq.) $5,019,000, of which 

15 $500,000 shall remain available until September 30, 2013: 

16 Provided, That not to exceed $1,875 shall be available for 

17 official reception and representation expenses. 

18 COMMISSION ON WARTIME RELOCATION AND INTERNMENT

19 OF LATIN AMERICANS OF JAPANESE DESCENT

20 SALARIES AND EXPENSES

21 For necessary expenses to carry out the activities of 

22 the Commission on Wartime Relocation and Internment of 

23 Latin Americans of Japanese Descent, as authorized by sec24 tion 541 of this Act, $1,700,000 shall be available until ex25 pended. 


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1 TITLE V 

2 GENERAL PROVISIONS 

3 SEC. 501. No part of any appropriation contained in 

4 this Act shall be used for publicity or propaganda purposes 

5 not authorized by the Congress. 

6 SEC. 502. No part of any appropriation contained in 

7 this Act shall remain available for obligation beyond the 

8 current fiscal year unless expressly so provided herein. 

9 SEC. 503. The expenditure of any appropriation under 

10 this Act for any consulting service through procurement 

11 contract, pursuant to 5 U.S.C. 3109, shall be limited to 

12 those contracts where such expenditures are a matter of pub13 lic record and available for public inspection, except where 

14 otherwise provided under existing law, or under existing 

15 Executive order issued pursuant to existing law. 

16 SEC. 504. If any provision of this Act or the applica17 tion of such provision to any person or circumstances shall 

18 be held invalid, the remainder of the Act and the applica19 tion of each provision to persons or circumstances other 

20 than those as to which it is held invalid shall not be affected 

21 thereby. 

22 SEC. 505. (a) None of the funds provided under this 

23 Act, or provided under previous appropriations Acts to the 

24 agencies funded by this Act that remain available for obli25 gation or expenditure in fiscal year 2012, or provided from 


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1 any accounts in the Treasury of the United States derived 

2 by the collection of fees available to the agencies funded by 

3 this Act, shall be available for obligation or expenditure 

4 through the reprogramming of funds that— 

5 (1) creates or initiates a new program, project or 

6 activity, unless the House and Senate Committees on 

7 Appropriations are notified 15 days in advance of 

8 such reprogramming of funds; 

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

10 unless the House and Senate Committees on Appro11 priations are notified 15 days in advance of such re12 programming of funds; 

13 (3) increases funds or personnel by any means 

14 for any project or activity for which funds have been 

15 denied or restricted by this Act, unless the House and 

16 Senate Committees on Appropriations are notified 15 

17 days in advance of such reprogramming of funds; 

18 (4) relocates an office or employees, unless the 

19 House and Senate Committees on Appropriations are 

20 notified 15 days in advance of such reprogramming 

21 of funds; 

22 (5) reorganizes or renames offices, programs or 

23 activities, unless the House and Senate Committees 

24 on Appropriations are notified 15 days in advance of 

25 such reprogramming of funds; 


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1 (6) contracts out or privatizes any functions or 

2 activities presently performed by Federal employees, 

3 unless the House and Senate Committees on Appro4 priations are notified 15 days in advance of such re5 programming of funds; 

6 (7) proposes to use funds directed for a specific 

7 activity by either the House or Senate Committee on 

8 Appropriations for a different purpose, unless the 

9 House and Senate Committees on Appropriations are 

10 notified 15 days in advance of such reprogramming 

11 of funds; 

12 (8) augments funds for existing programs, 

13 projects or activities in excess of $500,000 or 10 per14 cent, whichever is less, or reduces by 10 percent fund15 ing for any program, project or activity, or numbers 

16 of personnel by 10 percent as approved by Congress, 

17 unless the House and Senate Committees on Appro18 priations are notified 15 days in advance of such re19 programming of funds; or 

20 (9) results from any general savings, including 

21 savings from a reduction in personnel, which would 

22 result in a change in existing programs, projects or 

23 activities as approved by Congress, unless the House 

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1 fied 15 days in advance of such reprogramming of 

2 funds. 

3 (b) None of the funds in provided under this Act, or 

4 provided under previous appropriations Acts to the agencies 

5 funded by this Act that remain available for obligation or 

6 expenditure in fiscal year 2012, or provided from any ac7 counts in the Treasury of the United States derived by the 

8 collection of fees available to the agencies funded by this 

9 Act, shall be available for obligation or expenditure through 

10 the reprogramming of funds after August 1, except in ex11 traordinary circumstances, and only after the House and 

12 Senate Committees on Appropriations are notified 30 days 

13 in advance of such reprogramming of funds. 

14 SEC. 506. Hereafter, none of the funds made available 

15 in this or any other Act may be used to implement, admin16 ister, or enforce any guidelines of the Equal Employment 

17 Opportunity Commission covering harassment based on re18 ligion, when it is made known to the Federal entity or offi19 cial to which such funds are made available that such 

20 guidelines do not differ in any respect from the proposed 

21 guidelines published by the Commission on October 1, 1993 

22 (58 Fed. Reg. 51266). 

23 SEC. 507. If it has been finally determined by a court 

24 or Federal agency that any person intentionally affixed a 

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1 scription with the same meaning, to any product sold in 

2 or shipped to the United States that is not made in the 

3 United States, the person shall be ineligible to receive any 

4 contract or subcontract made with funds made available in 

5 this Act, pursuant to the debarment, suspension, and ineli6 gibility procedures described in sections 9.400 through 

7 9.409 of title 48, Code of Federal Regulations. 

8 SEC. 508. The Departments of Commerce and Justice, 

9 the National Science Foundation, and the National Aero10 nautics and Space Administration, shall provide to the 

11 House and Senate Committees on Appropriations a quar12 terly accounting of the cumulative balances of any unobli13 gated funds that were received by such agency during any 

14 previous fiscal year. 

15 SEC. 509. Any costs incurred by a department or agen16 cy funded under this Act resulting from, or to prevent, per17 sonnel actions taken in response to funding reductions in18 cluded in this Act shall be absorbed within the total budg19 etary resources available to such department or agency: 

20 Provided, That the authority to transfer funds between ap21 propriations accounts as may be necessary to carry out this 

22 section is provided in addition to authorities included else23 where in this Act: Provided further, That use of funds to 

24 carry out this section shall be treated as a reprogramming 

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1 able for obligation or expenditure except in compliance with 

2 the procedures set forth in that section. 

3 SEC. 510. None of the funds provided by this Act shall 

4 be available to promote the sale or export of tobacco or to5 bacco products, or to seek the reduction or removal by any 

6 foreign country of restrictions on the marketing of tobacco 

7 or tobacco products, except for restrictions which are not 

8 applied equally to all tobacco or tobacco products of the 

9 same type. 

10 SEC. 511. None of the funds appropriated pursuant 

11 to this Act or any other provision of law may be used for— 

12 (1) the implementation of any tax or fee in con13 nection with the implementation of subsection 922(t) 

14 of title 18, United States Code; and 

15 (2) any system to implement subsection 922(t) of 

16 title 18, United States Code, that does not require and 

17 result in the destruction of any identifying informa18 tion submitted by or on behalf of any person who has 

19 been determined not to be prohibited from possessing 

20 or receiving a firearm no more than 24 hours after 

21 the system advises a Federal firearms licensee that 

22 possession or receipt of a firearm by the prospective 

23 transferee would not violate subsection (g) or (n) of 

24 section 922 of title 18, United States Code, or State 

25 law. 


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1 SEC. 512. Notwithstanding any other provision of law, 

2 amounts deposited or available in the Fund established 

3 under 42 U.S.C. 10601 in any fiscal year in excess of 

4 $705,000,000 shall not be available for obligation until the 

5 following fiscal year. 

6 SEC. 513. None of the funds made available to the De7 partment of Justice in this Act may be used to discriminate 

8 against or denigrate the religious or moral beliefs of stu9 dents who participate in programs for which financial as10 sistance is provided from those funds, or of the parents or 

11 legal guardians of such students. 

12 SEC. 514. None of the funds made available in this 

13 Act may be transferred to any department, agency, or in14 strumentality of the United States Government, except pur15 suant to a transfer made by, or transfer authority provided 

16 in, this Act or any other appropriations Act. 

17 SEC. 515. Any funds provided in this Act used to im18 plement E-Government Initiatives shall be subject to the 

19 procedures set forth in section 505 of this Act. 

20 SEC. 516. (a) Tracing studies conducted by the Bureau 

21 of Alcohol, Tobacco, Firearms and Explosives are released 

22 without adequate disclaimers regarding the limitations of 

23 the data. 

24 (b) The Bureau of Alcohol, Tobacco, Firearms and Ex25 plosives shall include in all such data releases, language 


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1 similar to the following that would make clear that trace 

2 data cannot be used to draw broad conclusions about fire3 arms-related crime: 

4 (1) Firearm traces are designed to assist law en5 forcement authorities in conducting investigations by 

6 tracking the sale and possession of specific firearms. 

7 Law enforcement agencies may request firearms traces 

8 for any reason, and those reasons are not necessarily 

9 reported to the Federal Government. Not all firearms 

10 used in crime are traced and not all firearms traced 

11 are used in crime. 

12 (2) Firearms selected for tracing are not chosen 

13 for purposes of determining which types, makes, or 

14 models of firearms are used for illicit purposes. The 

15 firearms selected do not constitute a random sample 

16 and should not be considered representative of the 

17 larger universe of all firearms used by criminals, or 

18 any subset of that universe. Firearms are normally 

19 traced to the first retail seller, and sources reported 

20 for firearms traced do not necessarily represent the 

21 sources or methods by which firearms in general are 

22 acquired for use in crime. 

23 SEC. 517. (a) The Inspectors General of the Depart24 ment of Commerce, the Department of Justice, the National 

25 Aeronautics and Space Administration, the National 


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1 Science Foundation, and the Legal Services Corporation 

2 shall conduct audits, pursuant to the Inspector General Act 

3 (5 U.S.C. App.), of grants or contracts for which funds are 

4 appropriated by this Act, and shall submit reports to Con5 gress on the progress of such audits, which may include pre6 liminary findings and a description of areas of particular 

7 interest, within 180 days after initiating such an audit and 

8 every 180 days thereafter until any such audit is completed. 

9 (b) Within 60 days after the date on which an audit 

10 described in subsection (a) by an Inspector General is com11 pleted, the Secretary, Attorney General, Administrator, Di12 rector, or President, as appropriate, shall make the results 

13 of the audit available to the public on the Internet website 

14 maintained by the Department, Administration, Founda15 tion, or Corporation, respectively. The results shall be made 

16 available in redacted form to exclude— 

17 (1) any matter described in section 552(b) of 

18 title 5, United States Code; and 

19 (2) sensitive personal information for any indi20 vidual, the public access to which could be used to 

21 commit identity theft or for other inappropriate or 

22 unlawful purposes. 

23 (c) A grant or contract funded by amounts appro24 priated by this Act may not be used for the purpose of de25 fraying the costs of a banquet or conference that is not diVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 rectly and programmatically related to the purpose for 

2 which the grant or contract was awarded, such as a banquet 

3 or conference held in connection with planning, training, 

4 assessment, review, or other routine purposes related to a 

5 project funded by the grant or contract. 

6 (d) Any person awarded a grant or contract funded 

7 by amounts appropriated by this Act shall submit a state8 ment to the Secretary of Commerce, the Attorney General, 

9 the Administrator, Director, or President, as appropriate, 

10 certifying that no funds derived from the grant or contract 

11 will be made available through a subcontract or in any 

12 other manner to another person who has a financial interest 

13 in the person awarded the grant or contract. 

14 (e) The provisions of the preceding subsections of this 

15 section shall take effect 30 days after the date on which the 

16 Director of the Office of Management and Budget, in con17 sultation with the Director of the Office of Government Eth18 ics, determines that a uniform set of rules and requirements, 

19 substantially similar to the requirements in such sub20 sections, consistently apply under the executive branch eth21 ics program to all Federal departments, agencies, and enti22 ties. 

23 SEC. 518. None of the funds appropriated or otherwise 

24 made available under this Act may be used to issue patents 

25 on claims directed to or encompassing a human organism. 


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1 SEC. 519. None of the funds made available in this 

2 Act shall be used in any way whatsoever to support or jus3 tify the use of torture by any official or contract employee 

4 of the United States Government. 

5 SEC. 520. (a) Notwithstanding any other provision of 

6 law or treaty, none of the funds appropriated or otherwise 

7 made available under this Act or any other Act may be 

8 expended or obligated by a department, agency, or instru9 mentality of the United States to pay administrative ex10 penses or to compensate an officer or employee of the United 

11 States in connection with requiring an export license for 

12 the export to Canada of components, parts, accessories or 

13 attachments for firearms listed in Category I, section 121.1 

14 of title 22, Code of Federal Regulations (International Traf15 ficking in Arms Regulations (ITAR), part 121, as it existed 

16 on April 1, 2005) with a total value not exceeding $500 

17 wholesale in any transaction, provided that the conditions 

18 of subsection (b) of this section are met by the exporting 

19 party for such articles. 

20 (b) The foregoing exemption from obtaining an export 

21 license— 

22 (1) does not exempt an exporter from filing any 

23 Shipper’s Export Declaration or notification letter re24 quired by law, or from being otherwise eligible under 

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1 port, or export the articles enumerated in subsection 

2 (a); and 

3 (2) does not permit the export without a license 

4 of— 

5 (A) fully automatic firearms and compo6 nents and parts for such firearms, other than for 

7 end use by the Federal Government, or a Provin8 cial or Municipal Government of Canada; 

9 (B) barrels, cylinders, receivers (frames) or 

10 complete breech mechanisms for any firearm list11 ed in Category I, other than for end use by the 

12 Federal Government, or a Provincial or Munic13 ipal Government of Canada; or 

14 (C) articles for export from Canada to an15 other foreign destination. 

16 (c) In accordance with this section, the District Direc17 tors of Customs and postmasters shall permit the permanent 

18 or temporary export without a license of any unclassified 

19 articles specified in subsection (a) to Canada for end use 

20 in Canada or return to the United States, or temporary 

21 import of Canadian-origin items from Canada for end use 

22 in the United States or return to Canada for a Canadian 

23 citizen. 

24 (d) The President may require export licenses under 

25 this section on a temporary basis if the President deterVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 mines, upon publication first in the Federal Register, that 

2 the Government of Canada has implemented or maintained 

3 inadequate import controls for the articles specified in sub4 section (a), such that a significant diversion of such articles 

5 has and continues to take place for use in international 

6 terrorism or in the escalation of a conflict in another na7 tion. The President shall terminate the requirements of a 

8 license when reasons for the temporary requirements have 

9 ceased. 

10 SEC. 521. Notwithstanding any other provision of law, 

11 no department, agency, or instrumentality of the United 

12 States receiving appropriated funds under this Act or any 

13 other Act shall obligate or expend in any way such funds 

14 to pay administrative expenses or the compensation of any 

15 officer or employee of the United States to deny any appli16 cation submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and 

17 qualified pursuant to 27 CFR section 478.112 or .113, for 

18 a permit to import United States origin ‘‘curios or relics’’ 

19 firearms, parts, or ammunition. 

20 SEC. 522. None of the funds made available in this 

21 Act may be used to include in any new bilateral or multi22 lateral trade agreement the text of— 

23 (1) paragraph 2 of article 16.7 of the United 

24 States-Singapore Free Trade Agreement; 


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1 (2) paragraph 4 of article 17.9 of the United 

2 States-Australia Free Trade Agreement; or 

3 (3) paragraph 4 of article 15.9 of the United 

4 States-Morocco Free Trade Agreement. 

5 SEC. 523. None of the funds made available in this 

6 Act may be used to authorize or issue a national security 

7 letter in contravention of any of the following laws author8 izing the Federal Bureau of Investigation to issue national 

9 security letters: The Right to Financial Privacy Act; The 

10 Electronic Communications Privacy Act; The Fair Credit 

11 Reporting Act; The National Security Act of 1947; USA 

12 PATRIOT Act; and the laws amended by these Acts. 

13 SEC. 524. If at any time during any quarter, the pro14 gram manager of a project within the jurisdiction of the 

15 Departments of Commerce or Justice, the National Aero16 nautics and Space Administration, or the National Science 

17 Foundation totaling more than $75,000,000 has reasonable 

18 cause to believe that the total program cost has increased 

19 by 10 percent, the program manager shall immediately in20 form the Secretary, Administrator, or Director. The Sec21 retary, Administrator, or Director shall notify the House 

22 and Senate Committees on Appropriations within 30 days 

23 in writing of such increase, and shall include in such notice: 

24 the date on which such determination was made; a state25 ment of the reasons for such increases; the action taken and 


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1 proposed to be taken to control future cost growth of the 

2 project; changes made in the performance or schedule mile3 stones and the degree to which such changes have contrib4 uted to the increase in total program costs or procurement 

5 costs; new estimates of the total project or procurement 

6 costs; and a statement validating that the project’s manage7 ment structure is adequate to control total project or pro8 curement costs. 

9 SEC. 525. Funds appropriated by this Act, or made 

10 available by the transfer of funds in this Act, for intelligence 

11 or intelligence related activities are deemed to be specifi12 cally authorized by the Congress for purposes of section 504 

13 of the National Security Act of 1947 (50 U.S.C. 414) during 

14 fiscal year 2012 until the enactment of the Intelligence Au15 thorization Act for fiscal year 2012. 

16 SEC. 526. The Departments, agencies, and commis17 sions funded under this Act, shall establish and maintain 

18 on the homepages of their Internet websites— 

19 (1) a direct link to the Internet websites of their 

20 Offices of Inspectors General; and 

21 (2) a mechanism on the Offices of Inspectors 

22 General website by which individuals may anony23 mously report cases of waste, fraud, or abuse with re24 spect to those Departments, agencies, and commis25 sions. 


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1 SEC. 527. None of the funds appropriated or otherwise 

2 made available by this Act may be used to enter into a 

3 contract in an amount greater than $5,000,000 or to award 

4 a grant in excess of such amount unless the prospective con5 tractor or grantee certifies in writing to the agency award6 ing the contract or grant that, to the best of its knowledge 

7 and belief, the contractor or grantee has filed all Federal 

8 tax returns required during the three years preceding the 

9 certification, has not been convicted of a criminal offense 

10 under the Internal Revenue Code of 1986, and has not, more 

11 than 90 days prior to certification, been notified of any 

12 unpaid Federal tax assessment for which the liability re13 mains unsatisfied, unless the assessment is the subject of 

14 an installment agreement or offer in compromise that has 

15 been approved by the Internal Revenue Service and is not 

16 in default, or the assessment is the subject of a non-frivolous 

17 administrative or judicial proceeding. 

18 SEC. 528. None of the funds appropriated or otherwise 

19 made available in this Act may be used in a manner that 

20 is inconsistent with the principal negotiating objective of 

21 the United States with respect to trade remedy laws to pre22 serve the ability of the United States— 

23 (1) to enforce vigorously its trade laws, including 

24 antidumping, countervailing duty, and safeguard 

25 laws; 


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1 (2) to avoid agreements that— 

2 (A) lessen the effectiveness of domestic and 

3 international disciplines on unfair trade, espe4 cially dumping and subsidies; or 

5 (B) lessen the effectiveness of domestic and 

6 international safeguard provisions, in order to 

7 ensure that United States workers, agricultural 

8 producers, and firms can compete fully on fair 

9 terms and enjoy the benefits of reciprocal trade 

10 concessions; and 

11 (3) to address and remedy market distortions 

12 that lead to dumping and subsidization, including 

13 overcapacity, cartelization, and market-access bar14 riers. 

15 (RESCISSIONS)

16 SEC. 529. (a) Of the unobligated balances available to 

17 the Department of Commerce, the following funds are hereby 

18 rescinded, not later than September 30, 2012, from the fol19 lowing account in the specified amount: 

20 (1) ‘‘National Telecommunications and Informa21 tion Administration, Information Infrastructure 

22 Grants’’, $2,000,000; and 

23 (2) ‘‘National Oceanic and Atmospheric Admin24 istration, Foreign Fishing Observer Fund’’, $350,000. 


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1 (b) Of the amounts made available under section 3010 

2 of the Deficit Reduction Act of 2005 (47 U.S.C. 309 note), 

3 $4,300,000 in unobligated balances are hereby rescinded. 

4 (c) Of the unobligated balances available to the Depart5 ment of Justice from prior appropriations, the following 

6 funds are hereby rescinded, not later than September 30, 

7 2012, from the following accounts in the specified 

8 amounts— 

9 (1) ‘‘Working Capital Fund’’, $40,000,000; 

10 (2) ‘‘Legal Activities, Assets Forfeiture Fund’’, 

11 $620,000,000; and an additional $25,000,000 shall be 

12 permanently rescinded; 

13 (3) ‘‘United States Marshals Service, Salaries 

14 and Expenses’’, $7,200,000; 

15 (4) ‘‘Drug Enforcement Administration, Salaries 

16 and Expenses’’, $30,000,000; 

17 (5) ‘‘Federal Prison System, Buildings and Fa18 cilities’’, $35,000,000; 

19 (6) ‘‘Office of Justice Programs’’, $42,600,000; 

20 (7) ‘‘Community Oriented Policing Services’’, 

21 $10,200,000; and 

22 (8) ‘‘Office on Violence Against Women’’, 

23 $5,000,000. 

24 (d) Within 30 days of enactment of this Act, the De25 partment of Justice shall submit to the Committees on ApVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 propriations of the House of Representatives and the Senate 

2 a report specifying the amount of each rescission made pur3 suant to this section. 

4 (e) The rescissions contained in this section shall not 

5 apply to funds provided in this Act. 

6 SEC. 530. None of the funds made available in this 

7 Act may be used to purchase first class or premium airline 

8 travel in contravention of sections 301–10.122 through 301– 

9 10.124 of title 41 of the Code of Federal Regulations. 

10 SEC. 531. None of the funds made available in this 

11 Act may be used to send or otherwise pay for the attendance 

12 of more than 50 employees from a Federal department or 

13 agency at any single conference occurring outside the 

14 United States. 

15 SEC. 532. None of the funds appropriated or otherwise 

16 made available in this or any other Act may be used to 

17 transfer, release, or assist in the transfer or release to or 

18 within the United States, its territories, or possessions 

19 Khalid Sheikh Mohammed or any other detainee who— 

20 (1) is not a United States citizen or a member 

21 of the Armed Forces of the United States; and 

22 (2) is or was held on or after June 24, 2009, at 

23 the United States Naval Station, Guantanamo Bay, 

24 Cuba, by the Department of Defense. 


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1 SEC. 533. (a) None of the funds appropriated or other2 wise made available in this or any other Act may be used 

3 to construct, acquire, or modify any facility in the United 

4 States, its territories, or possessions to house any individual 

5 described in subsection (c) for the purposes of detention or 

6 imprisonment in the custody or under the effective control 

7 of the Department of Defense. 

8 (b) The prohibition in subsection (a) shall not apply 

9 to any modification of facilities at United States Naval 

10 Station, Guantanamo Bay, Cuba. 

11 (c) An individual described in this subsection is any 

12 individual who, as of June 24, 2009, is located at United 

13 States Naval Station, Guantanamo Bay, Cuba, and who— 

14 (1) is not a citizen of the United States or a 

15 member of the Armed Forces of the United States; and 

16 (2) is— 

17 (A) in the custody or under the effective 

18 control of the Department of Defense; or 

19 (B) otherwise under detention at United 

20 States Naval Station, Guantanamo Bay, Cuba. 

21 SEC. 534. None of the funds made available under this 

22 Act may be distributed to the Association of Community 

23 Organizations for Reform Now (ACORN) or its subsidi24 aries. 


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1 SEC. 535. To the extent practicable, funds made avail2 able in this Act should be used to purchase light bulbs that 

3 are ‘‘Energy Star’’ qualified or have the ‘‘Federal Energy 

4 Management Program’’ designation. 

5 SEC. 536. The Director of the Office of Management 

6 and Budget shall instruct any department, agency, or in7 strumentality of the United States Government receiving 

8 funds appropriated under this Act to track undisbursed bal9 ances in expired grant accounts and include in its annual 

10 performance plan and performance and accountability re11 ports the following: 

12 (1) Details on future action the department, 

13 agency, or instrumentality will take to resolve 

14 undisbursed balances in expired grant accounts. 

15 (2) The method that the department, agency, or 

16 instrumentality uses to track undisbursed balances in 

17 expired grant accounts. 

18 (3) Identification of undisbursed balances in ex19 pired grant accounts that may be returned to the 

20 Treasury of the United States. 

21 (4) In the preceding 3 fiscal years, details on the 

22 total number of expired grant accounts with 

23 undisbursed balances (on the first day of each fiscal 

24 year) for the department, agency, or instrumentality 


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1 and the total finances that have not been obligated to 

2 a specific project remaining in the accounts. 

3 SEC. 537. None of the funds made available in this 

4 Act may be used to relocate the Bureau of the Census or 

5 employees from the Department of Commerce to the juris6 diction of the Executive Office of the President. 

7 SEC. 538. (a) The head of any department, agency, 

8 board or commission funded by this Act shall submit quar9 terly reports to the Inspector General, or the senior ethics 

10 official for any entity without an inspector general, of the 

11 appropriate department, agency, board or commission re12 garding the costs and contracting procedures relating to 

13 each conference held by the department, agency, board or 

14 commission during fiscal year 2012 for which the cost to 

15 the Government was more than $20,000. 

16 (b) Each report submitted under subsection (a) shall 

17 include, for each conference described in that subsection held 

18 during the applicable quarter— 

19 (1) a description of the subject of and number of 

20 participants attending that conference; 

21 (2) a detailed statement of the costs to the Gov22 ernment relating to that conference, including— 

23 (A) the cost of any food or beverages; 

24 (B) the cost of any audio-visual services; 

25 and 


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1 (C) a discussion of the methodology used to 

2 determine which costs relate to that conference; 

3 and 

4 (3) a description of the contracting procedures 

5 relating to that conference, including— 

6 (A) whether contracts were awarded on a 

7 competitive basis for that conference; and 

8 (B) a discussion of any cost comparison 

9 conducted by the department, agency, board or 

10 commission in evaluating potential contractors 

11 for that conference. 

12 SEC. 539. (a) None of the funds made available in this 

13 Act may be used to maintain or establish a computer net14 work unless such network blocks the viewing, downloading, 

15 and exchanging of pornography. 

16 (b) Nothing in subsection (a) shall limit the use of 

17 funds necessary for any Federal, State, tribal, or local law 

18 enforcement agency or any other entity carrying out crimi19 nal investigations, prosecution, or adjudication activities. 

20 SEC. 540. The Departments of Commerce and Justice, 

21 the National Aeronautics and Space Administration, and 

22 the National Science Foundation are directed to submit 

23 spending plans, signed by the respective department or 

24 agency head, to the House and Senate Committees on Ap25 propriations within 30 days of enactment of this Act. 


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1 SEC. 541. The amount appropriated or otherwise made 

2 available by title IV under the heading ‘‘COMMISSION ON

3 WARTIME RELOCATION AND INTERNMENT OF LATIN AMERI4 CANS OF JAPANESE DESCENT’’ is hereby reduced by 

5 $1,700,000. 

6 SEC. 542. The provisions of sections 517(c), 531, and 

7 538 shall apply to all agencies and departments funded by 

8 divisions A, B, and C. 

9 SEC. 543. (a) The matter under the heading ‘‘SALA10 RIES AND EXPENSES’’ under the heading ‘‘OFFICE OF THE

11 UNITED STATES TRADE REPRESENTATIVE’’ in title IV of 

12 this division is amended by striking ‘‘$46,775,000’’ and in13 serting ‘‘$51,251,000’’. 

14 (b) Of the unobligated balance of amounts made avail15 able to the Department of Justice for a fiscal year before 

16 fiscal year 2012 for the ‘‘Legal Activities, Assets Forfeiture 

17 Fund’’ account, there are permanently rescinded 

18 $8,000,000, in addition to the amount rescinded pursuant 

19 to section 529(c)(2). 

20 This Act may be cited as the ‘‘Commerce, Justice, 

21 Science, and Related Agencies Appropriations Act, 2012’’. 


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1 DIVISION C—TRANSPORTATION, HOUSING 

2 AND URBAN DEVELOPMENT, AND RE3 LATED AGENCIES 

4 That the following sums are appropriated, out of any 

5 money in the Treasury not otherwise appropriated, for the 

6 Departments of Transportation, and Housing and Urban 

7 Development, and related agencies for the fiscal year ending 

8 September 30, 2012, and for other purposes, namely: 

9 TITLE I 

10 DEPARTMENT OF TRANSPORTATION 

11 OFFICE OF THE SECRETARY

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of the Secretary, 

14 $102,202,000, of which not to exceed $2,618,000 shall be 

15 available for the immediate Office of the Secretary; not to 

16 exceed $981,000 shall be available for the Immediate Office 

17 of the Deputy Secretary; not to exceed $19,515,000 shall be 

18 available for the Office of the General Counsel; not to exceed 

19 $11,004,000 shall be available for the Office of the Under 

20 Secretary of Transportation for Policy; not to exceed 

21 $10,538,000 shall be available for the Office of the Assistant 

22 Secretary for Budget and Programs; not to exceed 

23 $2,544,000 shall be available for the Office of the Assistant 

24 Secretary for Governmental Affairs; not to exceed 

25 $25,469,000 shall be available for the Office of the Assistant 


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1 Secretary for Administration; not to exceed $2,046,000 shall 

2 be available for the Office of Public Affairs; not to exceed 

3 $1,649,000 shall be available for the Office of the Executive 

4 Secretariat; not to exceed $1,492,000 shall be available for 

5 the Office of Small and Disadvantaged Business Utiliza6 tion; not to exceed $10,578,000 for the Office of Intelligence, 

7 Security, and Emergency Response; and not to exceed 

8 $13,768,000 shall be available for the Office of the Chief 

9 Information Officer: Provided, That the Secretary of Trans10 portation is authorized to transfer funds appropriated for 

11 any office of the Office of the Secretary to any other office 

12 of the Office of the Secretary: Provided further, That no ap13 propriation for any office shall be increased or decreased 

14 by more than 5 percent by all such transfers: Provided fur15 ther, That notice of any change in funding greater than 

16 5 percent shall be submitted for approval to the House and 

17 Senate Committees on Appropriations: Provided further, 

18 That not to exceed $60,000 shall be for allocation within 

19 the Department for official reception and representation ex20 penses as the Secretary may determine: Provided further, 

21 That notwithstanding any other provision of law, excluding 

22 fees authorized in Public Law 107–71, there may be cred23 ited to this appropriation up to $2,500,000 in funds re24 ceived in user fees: Provided further, That none of the funds 


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1 provided in this Act shall be available for the position of 

2 Assistant Secretary for Public Affairs. 

3 NATIONAL INFRASTRUCTURE INVESTMENTS

4 For capital investments in surface transportation in5 frastructure, $550,000,000, to remain available through 

6 September 30, 2013: Provided, That the Secretary of Trans7 portation shall distribute funds provided under this heading 

8 as discretionary grants to be awarded to a State, local gov9 ernment, transit agency, or a collaboration among such en10 tities on a competitive basis for projects that will have a 

11 significant impact on the Nation, a metropolitan area, or 

12 a region: Provided further, That projects eligible for funding 

13 provided under this heading shall include, but not be lim14 ited to, highway or bridge projects eligible under title 23, 

15 United States Code; public transportation projects eligible 

16 under chapter 53 of title 49, United States Code; passenger 

17 and freight rail transportation projects; and port infra18 structure investments: Provided further, That the Secretary 

19 may use up to 35 percent of the funds made available under 

20 this heading for the purpose of paying the subsidy and ad21 ministrative costs of projects eligible for Federal credit as22 sistance under chapter 6 of title 23, United States Code, 

23 if the Secretary finds that such use of the funds would ad24 vance the purposes of this paragraph: Provided further, 

25 That in distributing funds provided under this heading, the 


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1 Secretary shall take such measures so as to ensure an equi2 table geographic distribution of funds, an appropriate bal3 ance in addressing the needs of urban and rural areas, and 

4 the investment in a variety of transportation modes: Pro5 vided further, That a grant funded under this heading shall 

6 be not less than $10,000,000 and not greater than 

7 $200,000,000: Provided further, That not more than 25 per8 cent of the funds made available under this heading may 

9 be awarded to projects in a single State: Provided further, 

10 That the Federal share of the costs for which an expenditure 

11 is made under this heading shall be, at the option of the 

12 recipient, up to 80 percent: Provided further, That the Sec13 retary shall give priority to projects that require a contribu14 tion of Federal funds in order to complete an overall financ15 ing package: Provided further, That not less than 

16 $120,000,000 of the funds provided under this heading shall 

17 be for projects located in rural areas: Provided further, That 

18 for projects located in rural areas, the minimum grant size 

19 shall be $1,000,000 and the Secretary may increase the Fed20 eral share of costs above 80 percent: Provided further, That 

21 projects conducted using funds provided under this heading 

22 must comply with the requirements of subchapter IV of 

23 chapter 31 of title 40, United States Code: Provided further, 

24 That the Secretary shall conduct a new competition to select 

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1 ing: Provided further, That the Secretary may retain up 

2 to $25,000,000 of the funds provided under this heading, 

3 and may transfer portions of those funds to the Administra4 tors of the Federal Highway Administration, the Federal 

5 Transit Administration, the Federal Railroad Administra6 tion and the Federal Maritime Administration, to fund the 

7 award and oversight of grants and credit assistance made 

8 under this heading. 

9 FINANCIAL MANAGEMENT CAPITAL

10 For necessary expenses for upgrading and enhancing 

11 the Department of Transportation’s financial systems and 

12 re-engineering business processes, $4,990,000, to remain 

13 available through September 30, 2013. 

14 CYBER SECURITY INITIATIVES

15 For necessary expenses for cyber security initiatives, 

16 including improvement of network perimeter controls and 

17 identity management, testing and assessment of informa18 tion technology against business, security, and other re19 quirements, implementation of Federal cyber security ini20 tiatives and information infrastructure enhancements, im21 plementation of enhanced security controls on network de22 vices, and enhancement of cyber security workforce training 

23 tools, $10,000,000, to remain available through September 

24 30, 2013. 


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1 OFFICE OF CIVIL RIGHTS

2 For necessary expenses of the Office of Civil Rights, 

3 $9,648,000. 

4 TRANSPORTATION PLANNING, RESEARCH, AND

5 DEVELOPMENT

6 For necessary expenses for conducting transportation 

7 planning, research, systems development, development ac8 tivities, and making grants, to remain available until ex9 pended, $9,000,000. 

10 WORKING CAPITAL FUND

11 For necessary expenses for operating costs and capital 

12 outlays of the Working Capital Fund, not to exceed 

13 $147,596,000 shall be paid from appropriations made 

14 available to the Department of Transportation: Provided, 

15 That such services shall be provided on a competitive basis 

16 to entities within the Department of Transportation: Pro17 vided further, That the above limitation on operating ex18 penses shall not apply to non-DOT entities: Provided fur19 ther, That no funds appropriated in this Act to an agency 

20 of the Department shall be transferred to the Working Cap21 ital Fund without the approval of the agency modal admin22 istrator: Provided further, That no assessments may be lev23 ied against any program, budget activity, subactivity or 

24 project funded by this Act unless notice of such assessments 

25 and the basis therefor are presented to the House and Senate 


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1 Committees on Appropriations and are approved by such 

2 Committees. 

3 MINORITY BUSINESS RESOURCE CENTER PROGRAM

4 For the cost of guaranteed loans, $351,000, as author5 ized by 49 U.S.C. 332: Provided, That such costs, including 

6 the cost of modifying such loans, shall be as defined in sec7 tion 502 of the Congressional Budget Act of 1974: Provided 

8 further, That these funds are available to subsidize total 

9 loan principal, any part of which is to be guaranteed, not 

10 to exceed $18,367,000. In addition, for administrative ex11 penses to carry out the guaranteed loan program, $570,000. 

12 MINORITY BUSINESS OUTREACH

13 For necessary expenses of Minority Business Resource 

14 Center outreach activities, $3,068,000, to remain available 

15 until September 30, 2013: Provided, That notwithstanding 

16 49 U.S.C. 332, these funds may be used for business oppor17 tunities related to any mode of transportation. 

18 PAYMENTS TO AIR CARRIERS

19 (AIRPORT AND AIRWAY TRUST FUND)

20 (INCLUDING TRANSFER OF FUNDS)

21 In addition to funds made available from any other 

22 source to carry out the essential air service program under 

23 49 U.S.C. 41731 through 41742, $143,000,000, to be derived 

24 from the Airport and Airway Trust Fund, to remain avail25 able until expended: Provided, That in determining between 


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1 or among carriers competing to provide service to a commu2 nity, the Secretary may consider the relative subsidy re3 quirements of the carriers: Provided further, That no funds 

4 made available under section 41742 of title 49, United 

5 States Code, and no funds made available in this Act or 

6 any other Act in any fiscal year, shall be available to carry 

7 out the essential air service program under sections 41731 

8 through 41742 of such title 49 in communities in the 48 

9 contiguous States unless the community received subsidized 

10 essential air service or received a 90-day notice of intent 

11 to terminate service and the Secretary required the air car12 rier to continue to provide service to the community at any 

13 time between September 30, 2010, and September 30, 2011, 

14 inclusive: Provided further, That basic essential air service 

15 minimum requirements shall not include the 15-passenger 

16 capacity requirement under subsection 41732(b)(3) of title 

17 49, United States Code: Provided further, That if the funds 

18 under this heading are insufficient to meet the costs of the 

19 essential air service program in the current fiscal year, the 

20 Secretary shall transfer such sums as may be necessary to 

21 carry out the essential air service program from any avail22 able amounts appropriated to or directly administered by 

23 the Office of the Secretary for such fiscal year. 


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1 ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY

2 OF TRANSPORTATION

3 SEC. 101. None of the funds made available in this 

4 Act to the Department of Transportation may be obligated 

5 for the Office of the Secretary of Transportation to approve 

6 assessments or reimbursable agreements pertaining to funds 

7 appropriated to the modal administrations in this Act, ex8 cept for activities underway on the date of enactment of 

9 this Act, unless such assessments or agreements have com10 pleted the normal reprogramming process for Congressional 

11 notification. 

12 SEC. 102. None of the funds made available under this 

13 Act may be obligated or expended to establish or implement 

14 a program under which essential air service communities 

15 are required to assume subsidy costs commonly referred to 

16 as the EAS local participation program. 

17 SEC. 103. The Secretary or his designee may engage 

18 in activities with States and State legislators to consider 

19 proposals related to the reduction of motorcycle fatalities. 

20 (RESCISSION)

21 SEC. 104. Of the amounts made available by section 

22 185 of Public Law 109–115, all unobligated balances as of 

23 the date of enactment of this Act are hereby rescinded. 

24 SEC. 105. Notwithstanding section 3324 of title 31, 

25 United States Code, in addition to authority provided by 


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1 section 327 of title 49, United States Code, the Depart2 ment’s Working Capital Fund is hereby authorized to pro3 vide payments in advance to vendors that are necessary to 

4 carry out the Federal transit pass transportation fringe 

5 benefit program under Executive Order 13150 and section 

6 3049 of Public Law 109–59: Provided, That the Depart7 ment shall include adequate safeguards in the contract with 

8 the vendors to ensure timely and high-quality performance 

9 under the contract. 

10 SEC. 106. The Secretary shall post on the Web site of 

11 the Department of Transportation a schedule of all meetings 

12 of the Credit Council, including the agenda for each meet13 ing, and require the Credit Council to record the minutes 

14 of each meeting. 

15 FEDERAL AVIATION ADMINISTRATION

16 OPERATIONS

17 (AIRPORT AND AIRWAY TRUST FUND)

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses of the Federal Aviation Admin20 istration, not otherwise provided for, including operations 

21 and research activities related to commercial space trans22 portation, administrative expenses for research and develop23 ment, establishment of air navigation facilities, the oper24 ation (including leasing) and maintenance of aircraft, sub25 sidizing the cost of aeronautical charts and maps sold to 


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1 the public, lease or purchase of passenger motor vehicles for 

2 replacement only, in addition to amounts made available 

3 by Public Law 108–176, $9,635,710,000, of which 

4 $5,000,000,000 shall be derived from the Airport and Air5 way Trust Fund, of which not to exceed $7,560,815,000 

6 shall be available for air traffic organization activities; not 

7 to exceed $1,253,381,000 shall be available for aviation safe8 ty activities; not to exceed $15,005,000 shall be available 

9 for commercial space transportation activities; not to exceed 

10 $112,459,000 shall be available for financial services activi11 ties; not to exceed $98,858,000 shall be available for human 

12 resources program activities; not to exceed $337,944,000 

13 shall be available for region and center operations and re14 gional coordination activities; not to exceed $207,065,000 

15 shall be available for staff offices; and not to exceed 

16 $50,183,000 shall be available for information services: Pro17 vided, That not to exceed 2 percent of any budget activity, 

18 except for aviation safety budget activity, may be trans19 ferred to any budget activity under this heading: Provided 

20 further, That no transfer may increase or decrease any ap21 propriation by more than 2 percent: Provided further, That 

22 any transfer in excess of 2 percent shall be treated as a 

23 reprogramming of funds under section 405 of this Act and 

24 shall not be available for obligation or expenditure except 

25 in compliance with the procedures set forth in that section: 


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1 Provided further, That not later than May 31, 2012, the 

2 Administrator shall submit to the House and Senate Com3 mittees on Appropriations a comprehensive report that de4 scribes all of the findings and conclusions reached during 

5 the Federal Aviation Administration’s efforts to develop an 

6 objective, data-driven method for placing air traffic control7 lers after the successful completion of their training at the 

8 Federal Aviation Administration Academy, lists all avail9 able options for establishing such method, and discusses the 

10 benefits and challenges of each option: Provided further, 

11 That not later than March 31 of each fiscal year hereafter, 

12 the Administrator of the Federal Aviation Administration 

13 shall transmit to Congress an annual update to the report 

14 submitted to Congress in December 2004 pursuant to sec15 tion 221 of Public Law 108–176: Provided further, That 

16 the amount herein appropriated shall be reduced by 

17 $100,000 for each day after March 31 that such report has 

18 not been submitted to the Congress: Provided further, That 

19 not later than March 31 of each fiscal year hereafter, the 

20 Administrator shall transmit to Congress a companion re21 port that describes a comprehensive strategy for staffing, 

22 hiring, and training flight standards and aircraft certifi23 cation staff in a format similar to the one utilized for the 

24 controller staffing plan, including stated attrition estimates 

25 and numerical hiring goals by fiscal year, and a benchmark 


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1 for assessing the amount of time aviation inspectors spend 

2 directly observing industry field operations: Provided fur3 ther, That the amount herein appropriated shall be reduced 

4 by $100,000 per day for each day after March 31 that such 

5 report has not been submitted to Congress: Provided further, 

6 That funds may be used to enter into a grant agreement 

7 with a nonprofit standard-setting organization to assist in 

8 the development of aviation safety standards: Provided fur9 ther, That none of the funds in this Act shall be available 

10 for new applicants for the second career training program: 

11 Provided further, That none of the funds in this Act shall 

12 be available for the Federal Aviation Administration to fi13 nalize or implement any regulation that would promulgate 

14 new aviation user fees not specifically authorized by law 

15 after the date of the enactment of this Act: Provided further, 

16 That there may be credited to this appropriation as offset17 ting collections funds received from States, counties, mu18 nicipalities, foreign authorities, other public authorities, 

19 and private sources for expenses incurred in the provision 

20 of agency services, including receipts for the maintenance 

21 and operation of air navigation facilities, and for issuance, 

22 renewal or modification of certificates, including airman, 

23 aircraft, and repair station certificates, or for tests related 

24 thereto, or for processing major repair or alteration forms: 

25 Provided further, That of the funds appropriated under this 


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1 heading, not less than $9,500,000 shall be for the contract 

2 tower cost-sharing program: Provided further, That none of 

3 the funds in this Act for aeronautical charting and cartog4 raphy are available for activities conducted by, or coordi5 nated through, the Working Capital Fund. 

6 FACILITIES AND EQUIPMENT

7 (AIRPORT AND AIRWAY TRUST FUND)

8 For necessary expenses, not otherwise provided for, for 

9 acquisition, establishment, technical support services, im10 provement by contract or purchase, and hire of national 

11 airspace systems and experimental facilities and equip12 ment, as authorized under part A of subtitle VII of title 

13 49, United States Code, including initial acquisition of nec14 essary sites by lease or grant; engineering and service test15 ing, including construction of test facilities and acquisition 

16 of necessary sites by lease or grant; construction and fur17 nishing of quarters and related accommodations for officers 

18 and employees of the Federal Aviation Administration sta19 tioned at remote localities where such accommodations are 

20 not available; and the purchase, lease, or transfer of aircraft 

21 from funds available under this heading, including aircraft 

22 for aviation regulation and certification; to be derived from 

23 the Airport and Airway Trust Fund, $2,630,731,000, of 

24 which $474,000,000 shall remain available until September 

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1 able until September 30, 2014: Provided, That there may 

2 be credited to this appropriation funds received from States, 

3 counties, municipalities, other public authorities, and pri4 vate sources, for expenses incurred in the establishment, im5 provement, and modernization of national airspace sys6 tems: Provided further, That upon initial submission to the 

7 Congress of the fiscal year 2013 President’s budget, the Sec8 retary of Transportation shall transmit to the Congress a 

9 comprehensive capital investment plan for the Federal 

10 Aviation Administration which includes funding for each 

11 budget line item for fiscal years 2013 through 2017, with 

12 total funding for each year of the plan constrained to the 

13 funding targets for those years as estimated and approved 

14 by the Office of Management and Budget. 

15 RESEARCH, ENGINEERING, AND DEVELOPMENT

16 (AIRPORT AND AIRWAY TRUST FUND)

17 For necessary expenses, not otherwise provided for, for 

18 research, engineering, and development, as authorized 

19 under part A of subtitle VII of title 49, United States Code, 

20 including construction of experimental facilities and acqui21 sition of necessary sites by lease or grant, $157,000,000, to 

22 be derived from the Airport and Airway Trust Fund and 

23 to remain available until September 30, 2014: Provided, 

24 That there may be credited to this appropriation as offset25 ting collections, funds received from States, counties, muVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00294 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 nicipalities, other public authorities, and private sources, 

2 which shall be available for expenses incurred for research, 

3 engineering, and development. 

4 GRANTS-IN-AID FOR AIRPORTS

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (LIMITATION ON OBLIGATIONS)

7 (AIRPORT AND AIRWAY TRUST FUND)

8 (INCLUDING TRANSFER OF FUNDS)

9 For liquidation of obligations incurred for grants-in10 aid for airport planning and development, and noise com11 patibility planning and programs as authorized under sub12 chapter I of chapter 471 and subchapter I of chapter 475 

13 of title 49, United States Code, and under other law author14 izing such obligations; for procurement, installation, and 

15 commissioning of runway incursion prevention devices and 

16 systems at airports of such title; for grants authorized under 

17 section 41743 of title 49, United States Code; and for in18 spection activities and administration of airport safety pro19 grams, including those related to airport operating certifi20 cates under section 44706 of title 49, United States Code, 

21 $4,691,000,000 to be derived from the Airport and Airway 

22 Trust Fund and to remain available until expended: Pro23 vided, That none of the funds under this heading shall be 

24 available for the planning or execution of programs the obli25 gations for which are in excess of $3,515,000,000 in fiscal 


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1 year 2012, notwithstanding section 47117(g) of title 49, 

2 United States Code: Provided further, That none of the 

3 funds under this heading shall be available for the replace4 ment of baggage conveyor systems, reconfiguration of ter5 minal baggage areas, or other airport improvements that 

6 are necessary to install bulk explosive detection systems: 

7 Provided further, That notwithstanding any other provision 

8 of law, of funds limited under this heading, not more than 

9 $101,000,000 shall be obligated for administration, not less 

10 than $15,000,000 shall be available for the airport coopera11 tive research program, not less than $29,250,000 shall be 

12 for Airport Technology Research and $6,000,000, to remain 

13 available until expended, shall be available and transferred 

14 to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry 

15 out the Small Community Air Service Development Pro16 gram. 

17 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

18 ADMINISTRATION

19 SEC. 110. None of the funds in this Act may be used 

20 to compensate in excess of 600 technical staff-years under 

21 the federally funded research and development center con22 tract between the Federal Aviation Administration and the 

23 Center for Advanced Aviation Systems Development during 

24 fiscal year 2012. 


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1 SEC. 111. None of the funds in this Act shall be used 

2 to pursue or adopt guidelines or regulations requiring air3 port sponsors to provide to the Federal Aviation Adminis4 tration without cost building construction, maintenance, 

5 utilities and expenses, or space in airport sponsor-owned 

6 buildings for services relating to air traffic control, air 

7 navigation, or weather reporting: Provided, That the prohi8 bition of funds in this section does not apply to negotiations 

9 between the agency and airport sponsors to achieve agree10 ment on ‘‘below-market’’ rates for these items or to grant 

11 assurances that require airport sponsors to provide land 

12 without cost to the FAA for air traffic control facilities. 

13 SEC. 112. The Administrator of the Federal Aviation 

14 Administration may reimburse amounts made available to 

15 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 

16 U.S.C. 45303: Provided, That during fiscal year 2012, 49 

17 U.S.C. 41742(b) shall not apply, and any amount remain18 ing in such account at the close of that fiscal year may 

19 be made available to satisfy section 41742(a)(1) for the sub20 sequent fiscal year. 

21 SEC. 113. Amounts collected under section 40113(e) of 

22 title 49, United States Code, shall be credited to the appro23 priation current at the time of collection, to be merged with 

24 and available for the same purposes of such appropriation. 


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1 SEC. 114. None of the funds limited by this Act for 

2 grants under the Airport Improvement Program shall be 

3 made available to the sponsor of a commercial service air4 port if such sponsor fails to agree to a request from the 

5 Secretary of Transportation for cost-free space in a nonrev6 enue producing, public use area of the airport terminal or 

7 other airport facilities for the purpose of carrying out a 

8 public service air passenger rights and consumer outreach 

9 campaign. 

10 SEC. 115. None of the funds in this Act shall be avail11 able for paying premium pay under subsection 5546(a) of 

12 title 5, United States Code, to any Federal Aviation Admin13 istration employee unless such employee actually performed 

14 work during the time corresponding to such premium pay. 

15 SEC. 116. None of the funds in this Act may be obli16 gated or expended for an employee of the Federal Aviation 

17 Administration to purchase a store gift card or gift certifi18 cate through use of a Government-issued credit card. 

19 SEC. 117. The Secretary shall apportion to the sponsor 

20 of an airport that received scheduled or unscheduled air 

21 service from a large certified air carrier (as defined in part 

22 241 of title 14 Code of Federal Regulations, or such other 

23 regulations as may be issued by the Secretary under the 

24 authority of section 41709) an amount equal to the min25 imum apportionment specified in 49 U.S.C. 47114(c), if 


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1 the Secretary determines that airport had more than 10,000 

2 passenger boardings in the preceding calendar year, based 

3 on data submitted to the Secretary under part 241 of title 

4 14, Code of Federal Regulations. 

5 SEC. 118. None of the funds in this Act may be obli6 gated or expended for retention bonuses for an employee of 

7 the Federal Aviation Administration without the prior 

8 written approval of the Deputy Assistant Secretary for Ad9 ministration of the Department of Transportation. 

10 SEC. 119. Subparagraph (D) of section 47124(b)(3) of 

11 title 49, United States Code, is amended by striking ‘‘ben12 efit.’’ and inserting ‘‘benefit, with the maximum allowable 

13 local cost share capped at 20 percent.’’. 

14 SEC. 119A. Notwithstanding any other provision of 

15 law, none of the funds made available under this Act or 

16 any prior Act may be used to implement or to continue 

17 to implement any limitation on the ability of any owner 

18 or operator of a private aircraft to obtain, upon a request 

19 to the Administrator of the Federal Aviation Administra20 tion, a blocking of that owner’s or operator’s aircraft reg21 istration number from any display of the Federal Aviation 

22 Administration’s Aircraft Situational Display to Industry 

23 data that is made available to the public, except data made 

24 available to a Government agency, for the noncommercial 

25 flights of that owner or operator. 


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1 SEC. 119B. (a) COMPENSATION FOR FEDERAL EM2 PLOYEES.—Any Federal employees furloughed as a result 

3 of the lapse in expenditure authority from the Airport and 

4 Airway Trust Fund after 11:59 p.m. on July 22, 2011, 

5 through August 5, 2011, may be compensated for the period 

6 of that lapse at their standard rates of compensation, as 

7 determined under policies established by the Secretary of 

8 Transportation. 

9 (b) RATIFICATION OF ESSENTIAL ACTIONS.—All ac10 tions taken by Federal employees, contractors, and grantees 

11 for the purposes of maintaining the essential level of Gov12 ernment operations, services, and activities to protect life 

13 and property and to bring about orderly termination of 

14 Government functions during the lapse in expenditure au15 thority from the Airport and Airway Trust Fund after 

16 11:59 p.m. on July 22, 2011, through August 5, 2011, are 

17 hereby ratified and approved, if otherwise in accord with 

18 the provisions of the Airport and Airway Extension Act of 

19 2011, part IV (Public Law 112–27). 

20 (c) TRUST FUND CODE.—Paragraph (1) of section 

21 9502(d) of the Internal Revenue Code of 1986 (26 U.S.C. 

22 9502(d)(1)) is amended by inserting ‘‘or the Department 

23 of Transportation Appropriations Act, 2012’’ before the 

24 semicolon at the end of subparagraph (A). 


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1 FEDERAL HIGHWAY ADMINISTRATION

2 FEDERAL-AID HIGHWAYS

3 LIMITATION ON ADMINISTRATIVE EXPENSES

4 (HIGHWAY TRUST FUND)

5 (INCLUDING TRANSFER OF FUNDS)

6 Not to exceed $415,533,000, together with advances 

7 and reimbursements received by the Federal Highway Ad8 ministration, shall be paid in accordance with law from 

9 appropriations made available by this Act to the Federal 

10 Highway Administration for necessary expenses for admin11 istration and operation. In addition, not to exceed 

12 $3,220,000 shall be paid from appropriations made avail13 able by this Act and transferred to the Appalachian Re14 gional Commission in accordance with section 104 of title 

15 23, United States Code. 

16 LIMITATION ON OBLIGATIONS

17 (HIGHWAY TRUST FUND)

18 None of the funds in this Act shall be available for 

19 the implementation or execution of programs, the obliga20 tions for which are in excess of $41,107,000,000 for Federal21 aid highways and highway safety construction programs for 

22 fiscal year 2012: Provided, That within the $41,107,000,000 

23 obligation limitation on Federal-aid highways and highway 

24 safety construction programs, not more than $429,800,000 

25 shall be available for the implementation or execution of 


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1 programs for transportation research (chapter 5 of title 23, 

2 United States Code; sections 111, 5505, and 5506 of title 

3 49, United States Code; and title 5 of Public Law 109– 

4 59) for fiscal year 2012: Provided further, That this limita5 tion on transportation research programs shall not apply 

6 to any authority previously made available for obligation: 

7 Provided further, That the Secretary may, as authorized by 

8 section 605(b) of title 23, United States Code, collect and 

9 spend fees to cover the costs of services of expert firms, in10 cluding counsel, in the field of municipal and project fi11 nance to assist in the underwriting and servicing of Federal 

12 credit instruments and all or a portion of the costs to the 

13 Federal Government of servicing such credit instruments: 

14 Provided further, That such fees are available until ex15 pended to pay for such costs: Provided further, That such 

16 amounts are in addition to administrative expenses that 

17 are also available for such purpose, and are not subject to 

18 any obligation limitation or the limitation on administra19 tive expenses under section 608 of title 23, United States 

20 Code. 

21 LIQUIDATION OF CONTRACT AUTHORIZATION

22 (HIGHWAY TRUST FUND)

23 For carrying out the provisions of title 23, United 

24 States Code, that are attributable to Federal-aid highways, 

25 not otherwise provided, including reimbursement for sums 


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1 expended pursuant to the provisions of 23 U.S.C. 308, 

2 $41,846,000,000 or so much thereof as may be available in 

3 and derived from the Highway Trust Fund (other than the 

4 Mass Transit Account), to remain available until expended. 

5 EMERGENCY RELIEF

6 For an additional amount for the Emergency Relief 

7 Program as authorized under section 125 of title 23, United 

8 States Code, $1,900,000,000, to remain available until ex9 pended, for expenses resulting from a major disaster des10 ignated pursuant to the Robert T. Stafford Disaster Relief 

11 and Emergency Assistance Act (42 U.S.C. 5122(2)): Pro12 vided, That notwithstanding section 125(d)(1) of title 23, 

13 United States Code, for an event resulting from a disaster 

14 eligible under section 125 of title 23, United States Code, 

15 in a State occurring in fiscal years 2011 or 2012, the Sec16 retary of Transportation may obligate under the Emer17 gency Relief Program more than $100,000,000 for eligible 

18 expenses: Provided further, That notwithstanding section 

19 120 of title 23, United States Code, for expenses resulting 

20 from a disaster eligible under section 125 of title 23, United 

21 States Code, occurring in fiscal years 2011 or 2012, the Sec22 retary shall extend the time period in 120(e) in consider23 ation of any delay in the State’s ability to access damaged 

24 facilities to evaluate damage and estimate the cost of repair: 

25 Provided further, That notwithstanding sections 120(a) and 


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1 120(b) of title 23, United States Code, the Federal share 

2 for permanent repairs resulting from a disaster eligible 

3 under section 125 of title 23, United States Code, occurring 

4 in fiscal years 2011 or 2012 may be up to 100 percent at 

5 the Secretary’s discretion if the eligible expenses incurred 

6 by a State due to such a disaster exceeds twice the State’s 

7 annual apportionment under the Federal-aid Highway pro8 gram for the year in which the disaster occurred: Provided 

9 further, That the amount provided under this heading is 

10 designated by Congress as being for disaster relief pursuant 

11 to section 251(b)(2)(D) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985 (Public Law 99–177), 

13 as amended. 

14 RESCISSION

15 Of unobligated balances of funds made available for 

16 obligation from the general fund of the Treasury for pro17 grams administered by the Federal Highway Administra18 tion in Public Laws 91–605, 93–87, 93–643, 94–280, 96– 

19 131, 97–424, 98–8, 98–473, 99–190, 100–17, 100–202, 100– 

20 457, 101–164, 101–516, 102–143, 102–240, 103–122, 103– 

21 331, 106–346, 107–87, 108–7 and 108–199, excluding any 

22 unobligated balance of funds provided for the Appalachian 

23 Development Highway System, $73,000,000 are perma24 nently rescinded. 


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1 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

2 ADMINISTRATION

3 SEC. 120. (a) For fiscal year 2012, the Secretary of 

4 Transportation shall— 

5 (1) not distribute from the obligation limitation 

6 for Federal-aid highways amounts authorized for ad7 ministrative expenses and programs by section 104(a) 

8 of title 23, United States Code; programs funded from 

9 the administrative takedown authorized by section 

10 104(a)(1) of title 23, United States Code (as in effect 

11 on the date before the date of enactment of the Safe, 

12 Accountable, Flexible, Efficient Transportation Eq13 uity Act: A Legacy for Users); the highway use tax 

14 evasion program; and the Bureau of Transportation 

15 Statistics; 

16 (2) not distribute an amount from the obligation 

17 limitation for Federal-aid highways that is equal to 

18 the unobligated balance of amounts made available 

19 from the Highway Trust Fund (other than the Mass 

20 Transit Account) for Federal-aid highways and high21 way safety programs for previous fiscal years the 

22 funds for which are allocated by the Secretary; 

23 (3) determine the ratio that— 


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1 (A) the obligation limitation for Federal-aid 

2 highways, less the aggregate of amounts not dis3 tributed under paragraphs (1) and (2), bears to 

4 (B) the total of the sums authorized to be 

5 appropriated for Federal-aid highways and high6 way safety construction programs (other than 

7 sums authorized to be appropriated for provi8 sions of law described in paragraphs (1) through 

9 (9) of subsection (b) and sums authorized to be 

10 appropriated for section 105 of title 23, United 

11 States Code, equal to the amount referred to in 

12 subsection (b)(10) for such fiscal year), less the 

13 aggregate of the amounts not distributed under 

14 paragraphs (1) and (2) of this subsection; 

15 (4)(A) distribute the obligation limitation for 

16 Federal-aid highways, less the aggregate amounts not 

17 distributed under paragraphs (1) and (2), for sections 

18 1301, 1302, and 1934 of the Safe, Accountable, Flexi19 ble, Efficient Transportation Equity Act: A Legacy 

20 for Users; sections 117 and section 144(g) of title 23, 

21 United States Code; and section 14501 of title 40, 

22 United States Code, so that the amount of obligation 

23 authority available for each of such sections is equal 

24 to the amount determined by multiplying the ratio 

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1 ized to be appropriated for that section for the fiscal 

2 year; and 

3 (B) distribute $2,000,000,000 for section 105 of 

4 title 23, United States Code; 

5 (5) distribute the obligation limitation provided 

6 for Federal-aid highways, less the aggregate amounts 

7 not distributed under paragraphs (1) and (2) and 

8 amounts distributed under paragraph (4), for each of 

9 the programs that are allocated by the Secretary 

10 under the Safe, Accountable, Flexible, Efficient Trans11 portation Equity Act: A Legacy for Users and title 

12 23, United States Code (other than to programs to 

13 which paragraphs (1) and (4) apply), by multiplying 

14 the ratio determined under paragraph (3) by the 

15 amounts authorized to be appropriated for each such 

16 program for such fiscal year; and 

17 (6) distribute the obligation limitation provided 

18 for Federal-aid highways, less the aggregate amounts 

19 not distributed under paragraphs (1) and (2) and 

20 amounts distributed under paragraphs (4) and (5), 

21 for Federal-aid highways and highway safety con22 struction programs (other than the amounts appor23 tioned for the equity bonus program, but only to the 

24 extent that the amounts apportioned for the equity 

25 bonus program for the fiscal year are greater than 


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1 $2,639,000,000, and the Appalachian development 

2 highway system program) that are apportioned by the 

3 Secretary under the Safe, Accountable, Flexible, Effi4 cient Transportation Equity Act: A Legacy for Users 

5 and title 23, United States Code, in the ratio that— 

6 (A) amounts authorized to be appropriated 

7 for such programs that are apportioned to each 

8 State for such fiscal year, bear to 

9 (B) the total of the amounts authorized to 

10 be appropriated for such programs that are ap11 portioned to all States for such fiscal year. 

12 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

13 The obligation limitation for Federal-aid highways shall 

14 not apply to obligations: 

15 (1) under section 125 of title 23, United States 

16 Code; 

17 (2) under section 147 of the Surface Transpor18 tation Assistance Act of 1978; 

19 (3) under section 9 of the Federal-Aid Highway 

20 Act of 1981; 

21 (4) under subsections (b) and (j) of section 131 

22 of the Surface Transportation Assistance Act of 1982; 

23 (5) under subsections (b) and (c) of section 149 

24 of the Surface Transportation and Uniform Reloca25 tion Assistance Act of 1987; 


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1 (6) under sections 1103 through 1108 of the 

2 Intermodal Surface Transportation Efficiency Act of 

3 1991; 

4 (7) under section 157 of title 23, United States 

5 Code, as in effect on the day before the date of the en6 actment of the Transportation Equity Act for the 21st 

7 Century; 

8 (8) under section 105 of title 23, United States 

9 Code, as in effect for fiscal years 1998 through 2004, 

10 but only in an amount equal to $639,000,000 for each 

11 of those fiscal years; 

12 (9) for Federal-aid highway programs for which 

13 obligation authority was made available under the 

14 Transportation Equity Act for the 21st Century or 

15 subsequent public laws for multiple years or to re16 main available until used, but only to the extent that 

17 the obligation authority has not lapsed or been used; 

18 (10) under section 105 of title 23, United States 

19 Code, but only in an amount equal to $639,000,000 

20 for each of fiscal years 2005 through 2010; and 

21 (11) under section 1603 of the Safe, Accountable, 

22 Flexible, Efficient Transportation Equity Act: A Leg23 acy for Users, to the extent that funds obligated in ac24 cordance with that section were not subject to a limiVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 tation on obligations at the time at which the funds 

2 were initially made available for obligation. 

3 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU4 THORITY.—Notwithstanding subsection (a), the Secretary 

5 shall, after August 1 of such fiscal year, revise a distribu6 tion of the obligation limitation made available under sub7 section (a) if the amount distributed cannot be obligated 

8 during that fiscal year, and redistribute sufficient amounts 

9 to those States able to obligate amounts in addition to those 

10 previously distributed during that fiscal year, giving pri11 ority to those States having large unobligated balances of 

12 funds apportioned under sections 104 and 144 of title 23, 

13 United States Code. 

14 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

15 TRANSPORTATION RESEARCH PROGRAMS.—The obligation 

16 limitation shall apply to transportation research programs 

17 carried out under chapter 5 of title 23, United States Code, 

18 and title V (research title) of the Safe, Accountable, Flexible, 

19 Efficient Transportation Equity Act: A Legacy for Users, 

20 except that obligation authority made available for such 

21 programs under such limitation shall remain available for 

22 a period of 3 fiscal years and shall be in addition to the 

23 amount of any limitation imposed on obligations for Fed24 eral-aid highway and highway safety construction pro25 grams for future fiscal years. 


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1 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

2 FUNDS.— 

3 (1) IN GENERAL.—Not later than 30 days after 

4 the date of the distribution of obligation limitation 

5 under subsection (a), the Secretary shall distribute to 

6 the States any funds that— 

7 (A) are authorized to be appropriated for 

8 such fiscal year for Federal-aid highways pro9 grams; and 

10 (B) the Secretary determines will not be al11 located to the States, and will not be available 

12 for obligation, in such fiscal year due to the im13 position of any obligation limitation for such fis14 cal year. 

15 (2) RATIO.—Funds shall be distributed under 

16 paragraph (1) in the same ratio as the distribution 

17 of obligation authority under subsection (a)(6). 

18 (3) AVAILABILITY.—Funds distributed under 

19 paragraph (1) shall be available for any purposes de20 scribed in section 133(b) of title 23, United States 

21 Code. 

22 (f) SPECIAL LIMITATION CHARACTERISTICS.—Obliga23 tion limitation distributed for a fiscal year under sub24 section (a)(4) for the provision specified in subsection (a)(4) 

25 shall— 


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1 (1) remain available until used for obligation of 

2 funds for that provision; and 

3 (2) be in addition to the amount of any limita4 tion imposed on obligations for Federal-aid highway 

5 and highway safety construction programs for future 

6 fiscal years. 

7 (g) LIMITATION ON STATUTORY CONSTRUCTION.— 

8 Nothing in this section shall be construed to limit the dis9 tribution of obligation authority under subsection (a)(4)(A) 

10 for each of the individual projects numbered greater than 

11 3676 listed in the table contained in section 1702 of the 

12 Safe, Accountable, Flexible, Efficient Transportation Eq13 uity Act: A Legacy for Users. 

14 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re15 ceived by the Bureau of Transportation Statistics from the 

16 sale of data products, for necessary expenses incurred pur17 suant to 49 U.S.C. 111 may be credited to the Federal-aid 

18 Highways account for the purpose of reimbursing the Bu19 reau for such expenses: Provided, That such funds shall be 

20 subject to the obligation limitation for Federal-aid High21 ways and highway safety construction programs. 

22 SEC. 122. Not less than 15 days prior to waiving, 

23 under his statutory authority, any Buy America require24 ment for Federal-aid highway projects, the Secretary of 

25 Transportation shall make an informal public notice and 


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1 comment opportunity on the intent to issue such waiver and 

2 the reasons therefor: Provided, That the Secretary shall pro3 vide an annual report to the House and Senate Committees 

4 on Appropriations on any waivers granted under the Buy 

5 America requirements. 

6 SEC. 123. (a) IN GENERAL.—Except as provided in 

7 subsection (b), none of the funds made available, limited, 

8 or otherwise affected by this Act shall be used to approve 

9 or otherwise authorize the imposition of any toll on any 

10 segment of highway located on the Federal-aid system in 

11 the State of Texas that— 

12 (1) as of the date of enactment of this Act, is not 

13 tolled; 

14 (2) is constructed with Federal assistance pro15 vided under title 23, United States Code; and 

16 (3) is in actual operation as of the date of enact17 ment of this Act. 

18 (b) EXCEPTIONS.— 

19 (1) NUMBER OF TOLL LANES.—Subsection (a) 

20 shall not apply to any segment of highway on the 

21 Federal-aid system described in that subsection that, 

22 as of the date on which a toll is imposed on the seg23 ment, will have the same number of nontoll lanes as 

24 were in existence prior to that date. 


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1 (2) HIGH-OCCUPANCY VEHICLE LANES.—A high2 occupancy vehicle lane that is converted to a toll lane 

3 shall not be subject to this section, and shall not be 

4 considered to be a nontoll lane for purposes of deter5 mining whether a highway will have fewer nontoll 

6 lanes than prior to the date of imposition of the toll, 

7 if— 

8 (A) high-occupancy vehicles occupied by the 

9 number of passengers specified by the entity op10 erating the toll lane may use the toll lane with11 out paying a toll, unless otherwise specified by 

12 the appropriate county, town, municipal or 

13 other local government entity, or public toll road 

14 or transit authority; or 

15 (B) each high-occupancy vehicle lane that 

16 was converted to a toll lane was constructed as 

17 a temporary lane to be replaced by a toll lane 

18 under a plan approved by the appropriate coun19 ty, town, municipal or other local government 

20 entity, or public toll road or transit authority. 

21 SEC. 124. Of the funds made available in fiscal year 

22 2012 for the Surface Transportation Research, Develop23 ment, and Deployment Program, the Secretary of Transpor24 tation shall transfer $5,000,000 to the Bureau of Transpor25 tation Statistics to carry out section 111 of title 49, United 


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1 States Code: Provided, That an equivalent amount of fiscal 

2 year 2012 obligation limitation associated with the funds 

3 to be transferred shall also be transferred. 

4 SEC. 125. Section 127(a)(11) of title 23, United States 

5 Code, is amended to read as follows: 

6 ‘‘(11)(A) With respect to all portions of the 

7 Interstate Highway System in the State of Maine, 

8 laws (including regulations) of that State concerning 

9 vehicle weight limitations applicable to other State 

10 highways shall be applicable in lieu of the require11 ments under this subsection. 

12 ‘‘(B) With respect to all portions of the Interstate 

13 Highway System in the State of Vermont, laws (in14 cluding regulations) of that State concerning vehicle 

15 weight limitations applicable to other State highways 

16 shall be applicable in lieu of the requirements under 

17 this subsection.’’. 

18 SEC. 126. Section 112 of the Surface and Air Trans19 portation Programs Extension Act of 2011 is amended by 

20 striking ‘‘$196,427,625’’ and inserting ‘‘an amount equal 

21 to one-half the sum authorized for such purpose for fiscal 

22 year 2011 by section 412(a)(2) of the Surface Transpor23 tation Extension Act of 2010’’. 

24 SEC. 127. Any road, highway, or bridge that is in op25 eration for less than 30 years or under construction, damVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 aged by an emergency declared by the Governor of the State 

2 and concurred in by the Secretary, or declared by the Presi3 dent pursuant to the Robert T. Stafford Disaster Relief and 

4 Emergency Assistance Act (42 U.S.C. 5121), may be recon5 structed in the same location with the same capacity, di6 mensions, and design as before the emergency and shall be 

7 exempt from any environmental reviews, approvals, licens8 ing, and permit requirements under— 

9 (1) the National Environmental Policy Act of 

10 1969 (42 U.S.C. 4321 et seq.); 

11 (2) sections 402 and 404 of the Federal Water 

12 Pollution Control Act (33 U.S.C. 1342, 1344); 

13 (3) the National Historic Preservation Act (16 

14 U.S.C. 470 et seq.); 

15 (4) the Migratory Bird Treaty Act (16 U.S.C. 

16 703 et seq.); 

17 (5) the Wild and Scenic Rivers Act (16 U.S.C. 

18 1271 et seq.); 

19 (6) the Fish and Wildlife Coordination Act (16 

20 U.S.C. 661 et seq.); 

21 (7) the Endangered Species Act of 1973 (16 

22 U.S.C. 1531 et seq.), except when the reconstruction 

23 occurs in designated critical habitat for threatened 

24 and endangered species; 


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1 (8) Executive Order 11990 (42 U.S.C. 4321 note; 

2 relating to the protection of wetlands); and 

3 (9) any Federal law (including regulations) re4 quiring no net loss of wetlands. 

5 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

6 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (LIMITATION ON OBLIGATIONS)

9 (HIGHWAY TRUST FUND)

10 For payment of obligations incurred in the implemen11 tation, execution and administration of motor carrier safe12 ty operations and programs pursuant to section 31104(i) 

13 of title 49, United States Code, and sections 4127 and 4134 

14 of Public Law 109–59, $250,023,000, to be derived from the 

15 Highway Trust Fund (other than the Mass Transit Ac16 count), together with advances and reimbursements received 

17 by the Federal Motor Carrier Safety Administration, the 

18 sum of which shall remain available until expended: Pro19 vided, That none of the funds derived from the Highway 

20 Trust Fund in this Act shall be available for the implemen21 tation, execution or administration of programs, the obliga22 tions for which are in excess of $250,023,000, for ‘‘Motor 

23 Carrier Safety Operations and Programs’’ of which 

24 $8,543,000, to remain available for obligation until Sep25 tember 30, 2014, is for the research and technology program 


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1 and $1,000,000 shall be available for commercial motor ve2 hicle operator’s grants to carry out section 4134 of Public 

3 Law 109–59: Provided further, That notwithstanding any 

4 other provision of law, none of the funds under this heading 

5 for outreach and education shall be available for transfer: 

6 Provided further, That the Federal Motor Carrier Safety 

7 Administration shall transmit to Congress a report on 

8 March 30, 2012, and September 30, 2012, on the agency’s 

9 ability to meet its requirement to conduct compliance re10 views on high-risk carriers. 

11 MOTOR CARRIER SAFETY GRANTS

12 (LIQUIDATION OF CONTRACT AUTHORIZATION)

13 (LIMITATION ON OBLIGATIONS)

14 (HIGHWAY TRUST FUND)

15 (INCLUDING RESCISSION)

16 For payment of obligations incurred in carrying out 

17 sections 31102, 31104(a), 31106, 31107, 31109, 31309, 

18 31313 of title 49, United States Code, and sections 4126 

19 and 4128 of Public Law 109–59, $307,000,000, to be de20 rived from the Highway Trust Fund (other than the Mass 

21 Transit Account) and to remain available until expended: 

22 Provided, That none of the funds in this Act shall be avail23 able for the implementation or execution of programs, the 

24 obligations for which are in excess of $307,000,000, for 

25 ‘‘Motor Carrier Safety Grants’’; of which $212,000,000 shall 


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1 be available for the motor carrier safety assistance program 

2 to carry out sections 31102 and 31104(a) of title 49, United 

3 States Code; $30,000,000 shall be available for the commer4 cial driver’s license improvements program to carry out sec5 tion 31313 of title 49, United States Code; $32,000,000 shall 

6 be available for the border enforcement grants program to 

7 carry out section 31107 of title 49, United States Code; 

8 $5,000,000 shall be available for the performance and reg9 istration information system management program to 

10 carry out sections 31106(b) and 31109 of title 49, United 

11 States Code; $25,000,000 shall be available for the commer12 cial vehicle information systems and networks deployment 

13 program to carry out section 4126 of Public Law 109–59; 

14 and $3,000,000 shall be available for the safety data im15 provement program to carry out section 4128 of Public Law 

16 109–59: Provided further, That of the funds made available 

17 for the motor carrier safety assistance program, 

18 $32,000,000 shall be available for audits of new entrant 

19 motor carriers: Provided further, That of the prior year un20 obligated balances for the commercial vehicle information 

21 systems and networks deployment program, $1,000,000 is 

22 permanently rescinded. 


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1 ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER

2 SAFETY ADMINISTRATION

3 SEC. 130. Funds appropriated or limited in this Act 

4 shall be subject to the terms and conditions stipulated in 

5 section 350 of Public Law 107–87 and section 6901 of Pub6 lic Law 110–28, including that the Secretary submit a re7 port to the House and Senate Appropriations Committees 

8 annually on the safety and security of transportation into 

9 the United States by Mexico-domiciled motor carriers. 

10 SEC. 131. Notwithstanding any other provision of law, 

11 States receiving funds for core or expanded deployment ac12 tivities under the Commercial Vehicle Information Systems 

13 and Networks program pursuant to sections 4101(c)(4) and 

14 4126 of Public Law 109–59 that did not meet award eligi15 bility requirements set forth in section 4126; received grant 

16 amounts in excess of the maximum amounts specified in 

17 sections 4126(c)(2) or 4126(d)(3); or were awarded grants 

18 either prior to or after the expiration of the period of per19 formance specified in a grant agreement, shall not be re20 quired to repay grant amounts received in error under such 

21 sections and, in addition, shall be reimbursed for core or 

22 expanded deployment expenditures such States made before 

23 the date of the enactment of this Act in reliance on a grant 

24 awarded in error under such sections. 


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1 SEC. 132. (a) No recipient of funds made available in 

2 this Act shall disseminate personal information (as defined 

3 in 18 U.S.C. 2725(3)) obtained by a State department of 

4 motor vehicles in connection with a motor vehicle record 

5 as defined in 18 U.S.C. 2725(1), except as provided in 18 

6 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. 

7 (b) Notwithstanding subsection (a), the Secretary shall 

8 not withhold funds provided in this Act for any grantee 

9 if a State is in noncompliance with this provision. 

10 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

11 OPERATIONS AND RESEARCH

12 For expenses necessary to discharge the functions of the 

13 Secretary, with respect to traffic and highway safety under 

14 subtitle C of title X of Public Law 109–59 and chapter 301 

15 and part C of subtitle VI of title 49, United States Code, 

16 $140,146,000, of which $20,000,000 shall remain available 

17 through September 30, 2013. 

18 OPERATIONS AND RESEARCH

19 (LIQUIDATION OF CONTRACT AUTHORIZATION)

20 (LIMITATION ON OBLIGATIONS)

21 (HIGHWAY TRUST FUND)

22 For payment of obligations incurred in carrying out 

23 the provisions of 23 U.S.C. 403, and chapter 303 of title 

24 49, United States Code, $109,500,000, to be derived from 

25 the Highway Trust Fund (other than the Mass Transit AcVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 count) and to remain available until expended: Provided, 

2 That none of the funds in this Act shall be available for 

3 the planning or execution of programs the total obligations 

4 for which, in fiscal year 2012, are in excess of $109,500,000 

5 for programs authorized under 23 U.S.C. 403 and chapter 

6 303 of title 49, United States Code: Provided further, That 

7 within the $109,500,000 obligation limitation for oper8 ations and research, $20,000,000 shall remain available 

9 until September 30, 2013 and shall be in addition to the 

10 amount of any limitation imposed on obligations for future 

11 years. 

12 HIGHWAY TRAFFIC SAFETY GRANTS

13 (LIQUIDATION OF CONTRACT AUTHORIZATION)

14 (LIMITATION ON OBLIGATIONS)

15 (HIGHWAY TRUST FUND)

16 For payment of obligations incurred in carrying out 

17 the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 

18 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 

19 Law 109–59, to remain available until expended, 

20 $550,328,000 to be derived from the Highway Trust Fund 

21 (other than the Mass Transit Account): Provided, That none 

22 of the funds in this Act shall be available for the planning 

23 or execution of programs the total obligations for which, in 

24 fiscal year 2012, are in excess of $550,328,000 for programs 

25 authorized under 23 U.S.C. 402, 405, 406, 408, and 410 


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1 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 

2 Law 109–59, of which $235,000,000 shall be for ‘‘Highway 

3 Safety Programs’’ under 23 U.S.C. 402; $25,000,000 shall 

4 be for ‘‘Occupant Protection Incentive Grants’’ under 23 

5 U.S.C. 405; $48,500,000 shall be for ‘‘Safety Belt Perform6 ance Grants’’ under 23 U.S.C. 406, and such obligation 

7 limitation shall remain available until September 30, 2013 

8 in accordance with subsection (f) of such section 406 and 

9 shall be in addition to the amount of any limitation im10 posed on obligations for such grants for future fiscal years, 

11 of which up to $10,000,000 may be made available by the 

12 Secretary as grants to States that enact and enforce laws 

13 to prevent distracted driving; $34,500,000 shall be for 

14 ‘‘State Traffic Safety Information System Improvements’’ 

15 under 23 U.S.C. 408; $139,000,000 shall be for ‘‘Alcohol16 Impaired Driving Countermeasures Incentive Grant Pro17 gram’’ under 23 U.S.C. 410; $25,328,000 shall be for ‘‘Ad18 ministrative Expenses’’ under section 2001(a)(11) of Public 

19 Law 109–59; $29,000,000 shall be for ‘‘High Visibility En20 forcement Program’’ under section 2009 of Public Law 109– 

21 59; $7,000,000 shall be for ‘‘Motorcyclist Safety’’ under sec22 tion 2010 of Public Law 109–59; and $7,000,000 shall be 

23 for ‘‘Child Safety and Child Booster Seat Safety Incentive 

24 Grants’’ under section 2011 of Public Law 109–59: Pro25 vided further, That of the funds made available for grants 


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1 to States that enact and enforce laws to prevent distracted 

2 driving, up to $5,000,000 may be available for the develop3 ment, production, and use of broadcast and print media 

4 advertising for distracted driving prevention: Provided fur5 ther, That none of these funds shall be used for construction, 

6 rehabilitation, or remodeling costs, or for office furnishings 

7 and fixtures for State, local or private buildings or struc8 tures: Provided further, That not to exceed $500,000 of the 

9 funds made available for section 410 ‘‘Alcohol-Impaired 

10 Driving Countermeasures Grants’’ shall be available for 

11 technical assistance to the States: Provided further, That 

12 not to exceed $750,000 of the funds made available for the 

13 ‘‘High Visibility Enforcement Program’’ shall be available 

14 for the evaluation required under section 2009(f) of Public 

15 Law 109–59: Provided further, That of the amounts made 

16 available under this heading for ‘‘Safety Belt Performance 

17 Grants’’, $25,000,000 shall be available until expended for 

18 the modernization of the National Automotive Sampling 

19 System (NASS), and $5,000,000 shall be available for the 

20 development of the Driver Alcohol Detection System for 

21 Safety (DADSS), and $8,500,000 shall be available for 

22 ‘‘State Traffic Safety Information System Improvements’’ 

23 under 23 U.S.C. 408. 


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1 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

2 TRAFFIC SAFETY ADMINISTRATION

3 SEC. 140. Notwithstanding any other provision of law 

4 or limitation on the use of funds made available under sec5 tion 403 of title 23, United States Code, an additional 

6 $130,000 shall be made available to the National Highway 

7 Traffic Safety Administration, out of the amount limited 

8 for section 402 of title 23, United States Code, to pay for 

9 travel and related expenses for State management reviews 

10 and to pay for core competency development training and 

11 related expenses for highway safety staff. 

12 SEC. 141. The limitations on obligations for the pro13 grams of the National Highway Traffic Safety Administra14 tion set in this Act shall not apply to obligations for which 

15 obligation authority was made available in previous public 

16 laws for multiple years but only to the extent that the obli17 gation authority has not lapsed or been used. 

18 SEC. 142. None of the funds in this Act shall be used 

19 to implement section 404 of title 23, United States Code. 

20 FEDERAL RAILROAD ADMINISTRATION

21 SAFETY AND OPERATIONS

22 For necessary expenses of the Federal Railroad Admin23 istration, not otherwise provided for, $176,596,000, of which 

24 $12,300,000 shall remain available until expended. 


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1 RAILROAD RESEARCH AND DEVELOPMENT

2 For necessary expenses for railroad research and devel3 opment, $30,000,000, to remain available until expended. 

4 RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

5 PROGRAM

6 The Secretary of Transportation is authorized to issue 

7 to the Secretary of the Treasury notes or other obligations 

8 pursuant to section 512 of the Railroad Revitalization and 

9 Regulatory Reform Act of 1976 (Public Law 94–210), as 

10 amended, in such amounts and at such times as may be 

11 necessary to pay any amounts required pursuant to the 

12 guarantee of the principal amount of obligations under sec13 tions 511 through 513 of such Act, such authority to exist 

14 as long as any such guaranteed obligation is outstanding: 

15 Provided, That pursuant to section 502 of such Act, as 

16 amended, no new direct loans or loan guarantee commit17 ments shall be made using Federal funds for the credit risk 

18 premium during fiscal year 2012. 

19 OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD

20 PASSENGER CORPORATION

21 To enable the Secretary of Transportation to make 

22 quarterly grants to the National Railroad Passenger Cor23 poration for the operation of intercity passenger rail, as 

24 authorized by section 101 of the Passenger Rail Investment 

25 and Improvement Act of 2008 (division B of Public Law 


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1 110–432), $544,000,000, to remain available until ex2 pended: Provided, That the amounts available under this 

3 paragraph shall be available for the Secretary to approve 

4 funding to cover operating losses for the Corporation only 

5 after receiving and reviewing a grant request for each spe6 cific train route: Provided further, That each such grant 

7 request shall be accompanied by a detailed financial anal8 ysis, revenue projection, and capital expenditure projection 

9 justifying the Federal support to the Secretary’s satisfac10 tion: Provided further, That not later than 60 days after 

11 enactment of this Act, the Corporation shall transmit, in 

12 electronic format, to the Secretary, the House and Senate 

13 Committees on Appropriations, the House Committee on 

14 Transportation and Infrastructure and the Senate Com15 mittee on Commerce, Science, and Transportation the an16 nual budget and business plan and the 5-Year Financial 

17 Plan for fiscal year 2012 required under section 204 of the 

18 Passenger Rail Investment and Improvement Act of 2008: 

19 Provided further, That the budget, business plan, and the 

20 5-Year Financial Plan shall also include a separate ac21 counting of ridership, revenues, and capital and operating 

22 expenses for the Northeast Corridor; commuter service; long23 distance Amtrak service; State-supported service; each 

24 intercity train route, including Autotrain; and commercial 

25 activities including contract operations: Provided further, 


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1 That the budget, business plan and the 5-Year Financial 

2 Plan shall include a description of work to be funded, along 

3 with cost estimates and an estimated timetable for comple4 tion of the projects covered by these plans: Provided further, 

5 That the budget, business plan and the 5-Year Financial 

6 Plan shall include annual information on the maintenance, 

7 refurbishment, replacement, and expansion for all Amtrak 

8 rolling stock consistent with the comprehensive fleet plan: 

9 Provided further, That the Corporation shall provide semi10 annual reports in electronic format regarding the pending 

11 business plan, which shall describe the work completed to 

12 date, any changes to the business plan, and the reasons for 

13 such changes, and shall identify all sole-source contract 

14 awards which shall be accompanied by a justification as 

15 to why said contract was awarded on a sole-source basis: 

16 Provided further, That the Corporation’s budget, business 

17 plan, 5-Year Financial Plan, semiannual reports, and all 

18 subsequent supplemental plans shall be displayed on the 

19 Corporation’s Web site within a reasonable timeframe fol20 lowing their submission to the appropriate entities: Pro21 vided further, That none of the funds under this heading 

22 may be obligated or expended until the Corporation agrees 

23 to continue abiding by the provisions of paragraphs 1, 2, 

24 5, 9, and 11 of the summary of conditions for the direct 

25 loan agreement of June 28, 2002, in the same manner as 


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1 in effect on the date of enactment of this Act: Provided fur2 ther, That the Corporation shall submit to the House and 

3 Senate Committees on Appropriations a budget request for 

4 fiscal year 2013 in similar format and substance to those 

5 submitted by executive agencies of the Federal Government. 

6 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

7 RAILROAD PASSENGER CORPORATION

8 To enable the Secretary of Transportation to make 

9 grants to the National Railroad Passenger Corporation for 

10 capital investments as authorized by section 101(c) and 

11 219(b) of the Passenger Rail Investment and Improvement 

12 Act of 2008 (division B of Public Law 110–432), 

13 $936,778,000, to remain available until expended, of which 

14 not to exceed $271,000,000 shall be for debt service obliga15 tions as authorized by section 102 of such Act: Provided, 

16 That after an initial distribution of up to $200,000,000, 

17 which shall be used by the Corporation as a working capital 

18 account, all remaining funds shall be provided to the Cor19 poration only on a reimbursable basis: Provided further, 

20 That the Secretary may retain up to one-fourth of 1 percent 

21 of the funds provided under this heading to fund the costs 

22 of project management oversight of capital projects funded 

23 by grants provided under this heading, as authorized by 

24 subsection 101(d) of division B of Public Law 110–432: 

25 Provided further, That the Secretary shall approve funding 


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1 for capital expenditures, including advance purchase orders 

2 of materials, for the Corporation only after receiving and 

3 reviewing a grant request for each specific capital project 

4 justifying the Federal support to the Secretary’s satisfac5 tion: Provided further, That none of the funds under this 

6 heading may be used to subsidize operating losses of the 

7 Corporation: Provided further, That none of the funds 

8 under this heading may be used for capital projects not ap9 proved by the Secretary of Transportation or on the Cor10 poration’s fiscal year 2012 business plan. 

11 CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS

12 AND INTERCITY PASSENGER RAIL SERVICE

13 To enable the Secretary of Transportation to make 

14 grants for high-speed rail projects as authorized under sec15 tion 26106 of title 49, United States Code, capital invest16 ment grants to support intercity passenger rail service as 

17 authorized under section 24406 of title 49, United States 

18 Code, and congestion grants as authorized under section 

19 24105 of title 49, United States Code, and to enter into 

20 cooperative agreements for these purposes as authorized, 

21 $100,000,000, to remain available until expended: Pro22 vided, That the Administrator of the Federal Railroad Ad23 ministration may retain up to 2 percent of the funds pro24 vided under this heading to fund the award and oversight 

25 by the Administrator of grants and cooperative agreements 


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1 for intercity and high-speed rail: Provided further, That 

2 funds provided under this paragraph are available to the 

3 Administrator for the purposes of conducting research and 

4 demonstrating technologies supporting the development of 

5 high-speed rail in the United States, including the dem6 onstration of next-generation rolling stock fleet technology 

7 and the implementation of the Rail Cooperative Research 

8 Program authorized by section 24910 of title 49, United 

9 States Code: Provided further, That funds provided under 

10 this paragraph may be used for planning activities that 

11 lead directly to the development of a passenger rail corridor 

12 investment plan consistent with the requirements estab13 lished by the Administrator or a State rail plan consistent 

14 with chapter 227 of title 49, United States Code: Provided 

15 further, That funds made available for planning activities 

16 under the previous proviso may be used to facilitate the 

17 preparation of a service development plan and related envi18 ronmental impact statement for high-speed corridors located 

19 in multiple States: Provided further, That the Federal share 

20 payable of the costs for which a grant or cooperative agree21 ments is made under this heading shall not exceed 80 per22 cent: Provided further, That in addition to the provisions 

23 of title 49, United States Code, that apply to each of the 

24 individual programs funded under this heading, subsections 

25 24402(a)(2), 24402(f), 24402(i), and 24403(a) and (c) of 


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1 title 49, United States Code, shall also apply to the provi2 sion of funds provided under this heading: Provided further, 

3 That a project need not be in a State rail plan developed 

4 under chapter 227 of title 49, United States Code, to be 

5 eligible for assistance under this heading: Provided further, 

6 That recipients of grants under this paragraph shall con7 duct all procurement transactions using such grant funds 

8 in a manner that provides full and open competition, as 

9 determined by the Secretary, in compliance with existing 

10 labor agreements. 

11 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

12 ADMINISTRATION

13 SEC. 150. Hereafter, notwithstanding any other provi14 sion of law, funds provided in this Act for the National 

15 Railroad Passenger Corporation shall immediately cease to 

16 be available to said Corporation in the event that the Cor17 poration contracts to have services provided at or from any 

18 location outside the United States. For purposes of this sec19 tion, the word ‘‘services’’ shall mean any service that was, 

20 as of July 1, 2006, performed by a full-time or part-time 

21 Amtrak employee whose base of employment is located with22 in the United States. 

23 SEC. 151. The Secretary of Transportation may re24 ceive and expend cash, or receive and utilize spare parts 

25 and similar items, from non-United States Government 


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1 sources to repair damages to or replace United States Gov2 ernment owned automated track inspection cars and equip3 ment as a result of third-party liability for such damages, 

4 and any amounts collected under this section shall be cred5 ited directly to the Railroad Safety and Operations account 

6 of the Federal Railroad Administration, and shall remain 

7 available until expended for the repair, operation and 

8 maintenance of automated track inspection cars and equip9 ment in connection with the automated track inspection 

10 program. 

11 SEC. 152. Notwithstanding any other provisions of 

12 law, rule or regulation, the Secretary of Transportation is 

13 authorized to allow the issuer of any preferred stock here14 tofore sold to the Department to redeem or repurchase such 

15 stock upon the payment to the Department of an amount 

16 determined by the Secretary. 

17 FEDERAL TRANSIT ADMINISTRATION

18 ADMINISTRATIVE EXPENSES

19 For necessary administrative expenses of the Federal 

20 Transit Administration’s programs authorized by chapter 

21 53 of title 49, United States Code, $98,713,000: Provided, 

22 That none of the funds provided or limited in this Act may 

23 be used to create a permanent office of transit security 

24 under this heading: Provided further, That upon submission 

25 to the Congress of the fiscal year 2013 President’s budget, 


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1 the Secretary of Transportation shall transmit to Congress 

2 the annual report on New Starts, including proposed allo3 cations of funds for fiscal year 2013. 

4 FORMULA AND BUS GRANTS

5 (LIQUIDATION OF CONTRACT AUTHORITY)

6 (LIMITATION ON OBLIGATIONS)

7 (HIGHWAY TRUST FUND)

8 For payment of obligations incurred in carrying out 

9 the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 

10 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 

11 3038 of Public Law 105–178, as amended, $9,400,000,000 

12 to be derived from the Mass Transit Account of the High13 way Trust Fund and to remain available until expended: 

14 Provided, That funds available for the implementation or 

15 execution of programs authorized under 49 U.S.C. 5305, 

16 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 

17 5339, and 5340 and section 3038 of Public Law 105–178, 

18 as amended, shall not exceed total obligations of 

19 $8,360,565,000 in fiscal year 2012. 

20 RESEARCH AND UNIVERSITY RESEARCH CENTERS

21 For necessary expenses to carry out 49 U.S.C. 5306, 

22 5312–5315, 5322, and 5506, $40,000,000, to remain avail23 able until expended: Provided, That $9,000,000 is available 

24 to carry out the transit cooperative research program under 

25 section 5313 of title 49, United States Code, $4,100,000 is 


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1 available for the National Transit Institute under section 

2 5315 of title 49, United States Code, and $6,500,000 is 

3 available for university transportation centers program 

4 under section 5506 of title 49, United States Code: Provided 

5 further, That $25,400,000 is available to carry out national 

6 research programs under sections 5312, 5313, 5314, and 

7 5322 of title 49, United States Code. 

8 CAPITAL INVESTMENT GRANTS

9 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

10 For necessary expenses to carry out section 5309 of 

11 title 49, United States Code, $1,955,000,000, to remain 

12 available until expended, of which $38,000,000 shall be 

13 available to carry out section 5309(e) of such title: Pro14 vided, That not less than $510,000,000 shall be available 

15 for preliminary engineering, final design, and construction 

16 of projects expected to receive a Full Funding Grant Agree17 ments during calendar year 2012: Provided further, That 

18 the funds awarded for preliminary engineering and final 

19 design under such a grant shall be made available to cover 

20 those costs immediately upon grant award: Provided fur21 ther, That of the funds appropriated under this heading in 

22 Public Law 111–8, $27,000,000 are hereby rescinded. 


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1 GRANTS FOR ENERGY EFFICIENCY AND GREENHOUSE GAS

2 REDUCTIONS

3 For grants to public transit agencies for capital invest4 ments that will reduce the energy consumption or green5 house gas emissions of their public transportation systems, 

6 $25,000,000, to remain available through September 30, 

7 2014: Provided, That priority shall be given to projects that 

8 use innovative and potentially replicable approaches to re9 ducing energy consumption or greenhouse gas emissions. 

10 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

11 For grants to the Washington Metropolitan Area Tran12 sit Authority as authorized under section 601 of division 

13 B of Public Law 110–432, $150,000,000, to remain avail14 able until expended: Provided, That the Secretary shall ap15 prove grants for capital and preventive maintenance ex16 penditures for the Washington Metropolitan Area Transit 

17 Authority only after receiving and reviewing a request for 

18 each specific project: Provided further, That prior to ap19 proving such grants, the Secretary shall determine that the 

20 Washington Metropolitan Area Transit Authority has 

21 placed the highest priority on those investments that will 

22 improve the safety of the system. 


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1 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

2 ADMINISTRATION

3 SEC. 160. The limitations on obligations for the pro4 grams of the Federal Transit Administration shall not 

5 apply to any authority under 49 U.S.C. 5338, previously 

6 made available for obligation, or to any other authority pre7 viously made available for obligation. 

8 SEC. 161. Notwithstanding any other provision of law, 

9 funds appropriated or limited by this Act under the Federal 

10 Transit Administration’s discretionary program appro11 priations headings for projects specified in this Act or iden12 tified in reports accompanying this Act not obligated by 

13 September 30, 2014, and other recoveries, shall be directed 

14 to projects eligible to use the funds for the purposes for 

15 which they were originally provided. 

16 SEC. 162. Notwithstanding any other provision of law, 

17 any funds appropriated before October 1, 2011, under any 

18 section of chapter 53 of title 49, United States Code, that 

19 remain available for expenditure, may be transferred to and 

20 administered under the most recent appropriation heading 

21 for any such section. 

22 SEC. 163. Notwithstanding any other provision of law, 

23 unobligated funds made available for new fixed guideway 

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1 tions Act prior to this Act may be used during this fiscal 

2 year to satisfy expenses incurred for such projects. 

3 SEC. 164. In addition to the amounts made available 

4 under section 5327(c)(1) of title 49, United States Code, the 

5 Secretary may use, for program management activities de6 scribed in section 5327(c)(2), 1 percent of the amount made 

7 available to carry out section 5316 of title 49, United States 

8 Code: Provided, That funds made available for program 

9 management oversight shall be used to oversee the compli10 ance of a recipient or subrecipient of Federal transit assist11 ance consistent with activities identified under section 

12 5327(c)(2) and for purposes of enforcement. 

13 SEC. 165. (a) Notwithstanding any other provision of 

14 law, unobligated funds or recoveries under section 5309 of 

15 title 49, United States Code, that are available to the Sec16 retary of Transportation for reallocation shall be directed 

17 to projects eligible to use the funds for the purposes for 

18 which they were originally provided. 

19 SEC. 166. Funds made available for Alaska or Hawaii 

20 ferry boats or ferry terminal facilities pursuant to 49 

21 U.S.C. 5309(m)(6)(B) may be used to construct new vessels 

22 and facilities, or to improve existing vessels and facilities, 

23 including both the passenger and vehicle-related elements of 

24 such vessels and facilities, and for repair facilities. 


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1 SEC. 167. Hereafter, the Secretary may not enforce 

2 regulations related to charter bus service under part 604 

3 of title 49, Code of Federal Regulations, for any transit 

4 agency who during fiscal year 2008 was both initially 

5 granted a 60-day period to come into compliance with part 

6 604, and then was subsequently granted an exception from 

7 said part. 

8 SEC. 168. Hereafter, for purposes of applying the 

9 project justification and local financial commitment cri10 teria of 49 U.S.C. 5309(d) to a New Starts project, the Sec11 retary may consider the costs and ridership of any con12 nected project in an instance in which private parties are 

13 making significant financial contributions to the construc14 tion of the connected project; additionally, the Secretary 

15 may consider the significant financial contributions of pri16 vate parties to the connected project in calculating the non17 Federal share of net capital project costs for the New Starts 

18 project. 

19 SEC. 169. Hereafter, all bus new fixed guideway cap20 ital projects recommended in the President’s fiscal year 

21 2012 budget request for funds appropriated under the Cap22 ital Investment Grants heading in this Act or any other 

23 Act shall be funded instead from amounts allocated under 

24 49 U.S.C. 5309(m)(2)(C): Provided, That all such projects 


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1 shall remain subject to the appropriate requirements of 49 

2 U.S.C. 5309(d) and (e). 

3 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

4 The Saint Lawrence Seaway Development Corpora5 tion is hereby authorized to make such expenditures, within 

6 the limits of funds and borrowing authority available to 

7 the Corporation, and in accord with law, and to make such 

8 contracts and commitments without regard to fiscal year 

9 limitations as provided by section 104 of the Government 

10 Corporation Control Act, as amended, as may be necessary 

11 in carrying out the programs set forth in the Corporation’s 

12 budget for the current fiscal year. 

13 OPERATIONS AND MAINTENANCE

14 (HARBOR MAINTENANCE TRUST FUND)

15 For necessary expenses for operations, maintenance, 

16 and capital asset renewal of those portions of the St. Law17 rence Seaway owned, operated, and maintained by the 

18 Saint Lawrence Seaway Development Corporation, 

19 $34,000,000, to be derived from the Harbor Maintenance 

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

21 MARITIME ADMINISTRATION

22 MARITIME SECURITY PROGRAM

23 For necessary expenses to maintain and preserve a 

24 U.S.-flag merchant fleet to serve the national security needs 


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1 of the United States, $174,000,000, to remain available 

2 until expended. 

3 OPERATIONS AND TRAINING

4 (INCLUDING RESCISSION)

5 For necessary expenses of operations and training ac6 tivities authorized by law, $154,886,000, of which 

7 $11,100,000 shall remain available until expended for 

8 maintenance and repair of training ships at State Mari9 time Academies, and of which $2,400,000 shall remain 

10 available through September 30, 2013 for Student Incentive 

11 Program payments at State Maritime Academies, and of 

12 which $22,485,000 shall remain available until expended 

13 for facilities maintenance and repair, equipment, and cap14 ital improvements at the United State Merchant Marine 

15 Academy: Provided, That amounts apportioned for the 

16 United States Merchant Marine Academy shall be available 

17 only upon allotments made personally by the Secretary of 

18 Transportation or the Assistant Secretary for Budget and 

19 Programs: Provided further, That the Superintendent, Dep20 uty Superintendent and the Director of the Office of Re21 source Management of the United State Merchant Marine 

22 Academy may not be allotment holders for the United States 

23 Merchant Marine Academy, and the Administrator of the 

24 Maritime Administration shall hold all allotments made by 

25 the Secretary of Transportation or the Assistant Secretary 


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1 for Budget and Programs under the previous proviso: Pro2 vided further, That 50 percent of the funding made avail3 able for the United States Merchant Marine Academy under 

4 this heading shall be available only after the Secretary, in 

5 consultation with the Superintendent and the Maritime Ad6 ministrator, completes a plan detailing by program or ac7 tivity how such funding will be expended at the Academy, 

8 and this plan is submitted to the House and Senate Com9 mittees on Appropriations: Provided further, That of the 

10 prior year unobligated balances under this heading for in11 formation technology requirements of Public Law 111–207, 

12 $1,000,000 are permanently rescinded. 

13 SHIP DISPOSAL

14 For necessary expenses related to the disposal of obso15 lete vessels in the National Defense Reserve Fleet of the Mar16 itime Administration, $10,000,000, to remain available 

17 until expended. 

18 ASSISTANCE TO SMALL SHIPYARDS

19 To make grants to qualified shipyards as authorized 

20 under section 3508 of Public Law 110–417 or section 54101 

21 of title 46, United States Code, $10,000,000, to remain 

22 available until expended: Provided, That to be considered 

23 for assistance, a qualified shipyard shall submit an appli24 cation for assistance no later than 60 days after enactment 

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1 mitted under the previous proviso, the Secretary of Trans2 portation shall make grants no later than 120 days after 

3 enactment of this Act in such amounts as the Secretary de4 termines. 

5 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

6 ACCOUNT

7 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

8 For the necessary administrative expenses of the mari9 time guaranteed loan program, $4,000,000 shall be paid to 

10 the appropriation for ‘‘Operations and Training’’, Mari11 time Administration: Provided, That of the unobligated bal12 ance of funds made available for obligation under Public 

13 Law 110–329 and Public Law 111–118, $35,000,000 are 

14 permanently rescinded. 

15 ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

16 SEC. 170. Notwithstanding any other provision of this 

17 Act, the Maritime Administration is authorized to furnish 

18 utilities and services and make necessary repairs in connec19 tion with any lease, contract, or occupancy involving Gov20 ernment property under control of the Maritime Adminis21 tration, and payments received therefor shall be credited to 

22 the appropriation charged with the cost thereof: Provided, 

23 That rental payments under any such lease, contract, or 

24 occupancy for items other than such utilities, services, or 


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1 repairs shall be covered into the Treasury as miscellaneous 

2 receipts. 

3 SEC. 171. Notwithstanding any other provision of law, 

4 none of the funds provided in this or any other Act shall 

5 hereafter be used to make a determination of the nonavail6 ability of qualified United States flag capacity for purposes 

7 of 46 U.S.C. 501(b) for the transportation of crude oil dis8 tributed from the Strategic Petroleum Reserve unless as 

9 part of that determination the Secretary of Transportation, 

10 after consultation with representatives from the United 

11 States flag maritime industry, provides to the Secretary of 

12 Homeland Security a list of United States flag vessels with 

13 single or collective capacity that may be capable of pro14 viding the requested transportation services and a written 

15 justification for not using such United States flag vessels. 

16 PIPELINE AND HAZARDOUS MATERIALS SAFETY

17 ADMINISTRATION

18 OPERATIONAL EXPENSES

19 (PIPELINE SAFETY FUND)

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary operational expenses of the Pipeline and 

22 Hazardous Materials Safety Administration, $22,158,000, 

23 of which $639,000 shall be derived from the Pipeline Safety 

24 Fund: Provided, That $1,000,000 shall be transferred to 

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1 mation Grants to Communities’’ as authorized under sec2 tion 60130 of title 49, United States Code. 

3 HAZARDOUS MATERIALS SAFETY

4 For expenses necessary to discharge the hazardous ma5 terials safety functions of the Pipeline and Hazardous Ma6 terials Safety Administration, $39,020,000, of which 

7 $1,716,000 shall remain available until September 30, 

8 2014: Provided, That up to $800,000 in fees collected under 

9 49 U.S.C. 5108(g) shall be deposited in the general fund 

10 of the Treasury as offsetting receipts: Provided further, That 

11 there may be credited to this appropriation, to be available 

12 until expended, funds received from States, counties, mu13 nicipalities, other public authorities, and private sources 

14 for expenses incurred for training, for reports publication 

15 and dissemination, and for travel incurred in performance 

16 of hazardous materials exemptions and approvals functions. 

17 PIPELINE SAFETY

18 (PIPELINE SAFETY FUND)

19 (OIL SPILL LIABILITY TRUST FUND)

20 For expenses necessary to conduct the functions of the 

21 pipeline safety program, for grants-in-aid to carry out a 

22 pipeline safety program, as authorized by 49 U.S.C. 60107, 

23 and to discharge the pipeline program responsibilities of 

24 the Oil Pollution Act of 1990, $118,364,000, of which 

25 $21,510,000 shall be derived from the Oil Spill Liability 


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1 Trust Fund and shall remain available until September 30, 

2 2014; of which $93,854,000 shall be derived from the Pipe3 line Safety Fund, of which $54,265,000 shall remain avail4 able until September 30, 2014; of which $3,000,000, to re5 main available until expended, shall be derived from the 

6 Pipeline Safety Design Review Fund, as established by this 

7 Act. 

8 EMERGENCY PREPAREDNESS GRANTS

9 (EMERGENCY PREPAREDNESS FUND)

10 For necessary expenses to carry out 49 U.S.C. 5128(b), 

11 $188,000, to be derived from the Emergency Preparedness 

12 Fund, to remain available until September 30, 2013: Pro13 vided, That not more than $28,318,000 shall be made avail14 able for obligation in fiscal year 2012 from amounts made 

15 available by 49 U.S.C. 5116(i) and 5128(b)–(c): Provided 

16 further, That none of the funds made available by 49 U.S.C. 

17 5116(i), 5128(b), or 5128(c) shall be made available for ob18 ligation by individuals other than the Secretary of Trans19 portation, or his designee: Provided further, That unobli20 gated balances of funds provided under this paragraph not 

21 needed for fiscal year 2012 from the sum made available 

22 herein shall remain available until expended to invest in 

23 the data management and information technology mod24 ernization efforts, including related equipment and non25 payroll administrative expenses associated solely with this 


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1 information technology and telecommunications infrastruc2 ture. 

3 ADMINISTRATIVE PROVISION—PIPELINE AND HAZARDOUS

4 MATERIALS SAFETY ADMINISTRATION

5 COST RECOVERY FOR DESIGN REVIEWS

6 SEC. 180. Section 60117(n) of title 49, United States 

7 Code, is amended to read as follows: 

8 ‘‘(n) COST RECOVERY FOR DESIGN REVIEWS.— 

9 ‘‘(1) IN GENERAL.—If the Secretary conducts fa10 cility design safety reviews in connection with a pro11 posal to construct, expand, or operate a gas or haz12 ardous liquid pipeline or liquefied natural gas pipe13 line facility, including construction inspections and 

14 oversight, the Secretary may require the person or en15 tity proposing the project to pay the costs incurred by 

16 the Secretary relating to such reviews. If the Sec17 retary exercises the cost recovery authority described 

18 in this section, the Secretary shall prescribe a fee 

19 structure and assessment methodology that is based on 

20 the costs of providing these reviews and shall prescribe 

21 procedures to collect fees under this section. This au22 thority is in addition to the authority provided in 

23 section 60301 of this title. 

24 ‘‘(2) NOTIFICATION.—For any new pipeline con25 struction project in which the Secretary will conduct 


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1 design reviews, the person or entity proposing the 

2 project shall notify the Secretary and provide design 

3 specifications, construction plans and procedures, and 

4 related materials at least 120 days prior to the com5 mencement of construction. 

6 ‘‘(3) DEPOSIT AND USE.—The Secretary shall de7 posit funds paid under this subsection into the Pipe8 line Safety Design Review Fund. Funds deposited 

9 under this section are authorized to be appropriated 

10 for the purposes set forth in this chapter. Fees author11 ized under this section shall be collected and available 

12 for obligation only to the extent and in the amount 

13 provided in advance in appropriations acts.’’. 

14 RESEARCH AND INNOVATIVE TECHNOLOGY

15 ADMINISTRATION

16 RESEARCH AND DEVELOPMENT

17 For necessary expenses of the Research and Innovative 

18 Technology Administration, $15,981,000, of which 

19 $9,007,000 shall remain available until September 30, 

20 2014: Provided, That there may be credited to this appro21 priation, to be available until expended, funds received from 

22 States, counties, municipalities, other public authorities, 

23 and private sources for expenses incurred for training. 


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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector Gen4 eral to carry out the provisions of the Inspector General 

5 Act of 1978, as amended, $82,409,000: Provided, That the 

6 Inspector General shall have all necessary authority, in car7 rying out the duties specified in the Inspector General Act, 

8 as amended (5 U.S.C. App. 3), to investigate allegations 

9 of fraud, including false statements to the government (18 

10 U.S.C. 1001), by any person or entity that is subject to 

11 regulation by the Department: Provided further, That the 

12 funds made available under this heading may be used to 

13 investigate, pursuant to section 41712 of title 49, United 

14 States Code: 

15 (1) unfair or deceptive practices and unfair 

16 methods of competition by domestic and foreign air 

17 carriers and ticket agents; and 

18 (2) the compliance of domestic and foreign air 

19 carriers with respect to item (1) of this proviso. 

20 SURFACE TRANSPORTATION BOARD

21 SALARIES AND EXPENSES

22 For necessary expenses of the Surface Transportation 

23 Board, including services authorized by 5 U.S.C. 3109, 

24 $29,310,000: Provided, That notwithstanding any other 

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1 lished by the Chairman of the Surface Transportation 

2 Board shall be credited to this appropriation as offsetting 

3 collections and used for necessary and authorized expenses 

4 under this heading: Provided further, That the sum herein 

5 appropriated from the general fund shall be reduced on a 

6 dollar-for-dollar basis as such offsetting collections are re7 ceived during fiscal year 2012, to result in a final appro8 priation from the general fund estimated at no more than 

9 $28,060,000. 

10 GENERAL PROVISIONS—DEPARTMENT OF

11 TRANSPORTATION

12 SEC. 190. During the current fiscal year, applicable 

13 appropriations to the Department of Transportation shall 

14 be available for maintenance and operation of aircraft; hire 

15 of passenger motor vehicles and aircraft; purchase of liabil16 ity insurance for motor vehicles operating in foreign coun17 tries on official department business; and uniforms or al18 lowances therefor, as authorized by law (5 U.S.C. 5901– 

19 5902). 

20 SEC. 191. Appropriations contained in this Act for the 

21 Department of Transportation shall be available for services 

22 as authorized by 5 U.S.C. 3109, but at rates for individuals 

23 not to exceed the per diem rate equivalent to the rate for 

24 an Executive Level IV. 


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1 SEC. 192. None of the funds in this Act shall be avail2 able for salaries and expenses of more than 110 political 

3 and Presidential appointees in the Department of Trans4 portation: Provided, That none of the personnel covered by 

5 this provision may be assigned on temporary detail outside 

6 the Department of Transportation. 

7 SEC. 193. Funds received by the Federal Highway Ad8 ministration, Federal Transit Administration, and Federal 

9 Railroad Administration from States, counties, municipali10 ties, other public authorities, and private sources for ex11 penses incurred for training may be credited respectively 

12 to the Federal Highway Administration’s ‘‘Federal-Aid 

13 Highways’’ account, the Federal Transit Administration’s 

14 ‘‘Research and University Research Centers’’ account, and 

15 to the Federal Railroad Administration’s ‘‘Safety and Op16 erations’’ account, except for State rail safety inspectors 

17 participating in training pursuant to 49 U.S.C. 20105. 

18 SEC. 194. None of the funds in this Act to the Depart19 ment of Transportation may be used to make a grant unless 

20 the Secretary of Transportation notifies the House and Sen21 ate Committees on Appropriations not less than 3 full busi22 ness days before any project competitively selected to receive 

23 a discretionary grant award, any discretionary grant 

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1 taling $1,000,000 or more is announced by the department 

2 or its modal administrations from: 

3 (1) any discretionary grant program of the Fed4 eral Highway Administration including the emer5 gency relief program; 

6 (2) the airport improvement program of the Fed7 eral Aviation Administration; 

8 (3) any program of the Federal Railroad Admin9 istration; 

10 (4) any program of the Federal Transit Admin11 istration other than the formula grants and fixed 

12 guideway modernization programs; or 

13 (5) any funding provided under the headings 

14 ‘‘National Infrastructure Investments’’ and ‘‘Assist15 ance to Small Shipyards’’ in this Act: Provided, That 

16 the Secretary gives concurrent notification to the 

17 House and Senate Committees on Appropriations for 

18 any ‘‘quick release’’ of funds from the emergency relief 

19 program: Provided further, That no notification shall 

20 involve funds that are not available for obligation. 

21 SEC. 195. Rebates, refunds, incentive payments, minor 

22 fees and other funds received by the Department of Trans23 portation from travel management centers, charge card pro24 grams, the subleasing of building space, and miscellaneous 

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1 ment of Transportation and allocated to elements of the De2 partment of Transportation using fair and equitable cri3 teria and such funds shall be available until expended. 

4 SEC. 196. Amounts made available in this or any other 

5 Act that the Secretary determines represent improper pay6 ments by the Department of Transportation to a third7 party contractor under a financial assistance award, which 

8 are recovered pursuant to law, shall be available— 

9 (1) to reimburse the actual expenses incurred by 

10 the Department of Transportation in recovering im11 proper payments; and 

12 (2) to pay contractors for services provided in re13 covering improper payments or contractor support in 

14 the implementation of the Improper Payments Infor15 mation Act of 2002: Provided, That amounts in excess 

16 of that required for paragraphs (1) and (2)— 

17 (A) shall be credited to and merged with the 

18 appropriation from which the improper pay19 ments were made, and shall be available for the 

20 purposes and period for which such appropria21 tions are available; or 

22 (B) if no such appropriation remains avail23 able, shall be deposited in the Treasury as mis24 cellaneous receipts: Provided further, That prior 

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1 priations account, the Secretary shall notify to 

2 the House and Senate Committees on Appropria3 tions of the amount and reasons for such trans4 fer: Provided further, That for purposes of this 

5 section, the term ‘‘improper payments’’, has the 

6 same meaning as that provided in section 

7 2(d)(2) of Public Law 107–300. 

8 SEC. 197. Notwithstanding any other provision of law, 

9 if any funds provided in or limited by this Act are subject 

10 to a reprogramming action that requires notice to be pro11 vided to the House and Senate Committees on Appropria12 tions, said reprogramming action shall be approved or de13 nied solely by the Committees on Appropriations: Provided, 

14 That the Secretary may provide notice to other congres15 sional committees of the action of the Committees on Appro16 priations on such reprogramming but not sooner than 30 

17 days following the date on which the reprogramming action 

18 has been approved or denied by the House and Senate Com19 mittees on Appropriations. 

20 SEC. 198. None of the funds appropriated or otherwise 

21 made available under this Act may be used by the Surface 

22 Transportation Board of the Department of Transportation 

23 to charge or collect any filing fee for rate or practice com24 plaints filed with the Board in an amount in excess of the 


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1 amount authorized for district court civil suit filing fees 

2 under section 1914 of title 28, United States Code. 

3 This title may be cited as the Department of Transpor4 tation Appropriations Act, 2012. 

5 TITLE II 

6 DEPARTMENT OF HOUSING AND URBAN 

7 DEVELOPMENT 

8 MANAGEMENT AND ADMINISTRATION

9 ADMINISTRATION, OPERATIONS, AND MANAGEMENT

10 For necessary salaries and expenses for administra11 tion, management and operations of the Department of 

12 Housing and Urban Development, $549,499,000, of which 

13 not to exceed $4,610,000 shall be available for the imme14 diate Office of the Secretary and Deputy Secretary; not to 

15 exceed $1,700,000 shall be available for the Office of Hear16 ings and Appeals; not to exceed $741,000 shall be available 

17 for the Office of Small and Disadvantaged Business Utiliza18 tion; not to exceed $47,984,000 shall be available for the 

19 Office of the Chief Financial Officer; not to exceed 

20 $94,380,000 shall be available for the Office of the General 

21 Counsel; not to exceed $2,695,000 shall be available to the 

22 Office of Congressional and Intergovernmental Relations; 

23 not to exceed $3,988,000 shall be available for the Office 

24 of Public Affairs; not to exceed $546,000 shall be available 

25 to the Office of the Chief Operating Officer, not to exceed 


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1 $256,744,000 shall be available for the Office of the Chief 

2 Human Capital Officer; not to exceed $10,476,000 shall be 

3 available for the Office of Departmental Operations and Co4 ordination; not to exceed $47,543,000 shall be available for 

5 the Office of Field Policy and Management; not to exceed 

6 $14,654,000 shall be available for the Office of the Chief 

7 Procurement Officer; not to exceed $3,708,000 shall be 

8 available for the Office of Departmental Equal Employment 

9 Opportunity; not to exceed $1,448,000 shall be available for 

10 the Center for Faith-Based and Community Initiatives; not 

11 to exceed $2,627,000 shall be available for the Office of Sus12 tainable Housing and Communities; not to exceed 

13 $5,605,000 shall be available for the Office of Strategic 

14 Planning and Management; not to exceed $7,415,000 shall 

15 be available for the Office of the Chief Disaster and Emer16 gency Management Officer; and not to exceed $42,635,000 

17 shall be available for the Office of the Chief Information 

18 Officer: Provided further, That the Secretary shall provide 

19 the Committees on Appropriations quarterly written notifi20 cation regarding the status of pending congressional re21 ports: Provided further, That the Secretary shall provide 

22 all signed reports required by Congress electronically: Pro23 vided further, That not to exceed $25,000 of the amount 

24 made available under this paragraph for the immediate Of25 fice of the Secretary shall be available for official reception 


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1 and representation expenses as the Secretary may deter2 mine. 

3 PROGRAM OFFICE SALARIES AND EXPENSES

4 PUBLIC AND INDIAN HOUSING

5 For necessary salaries and expenses of the Office of 

6 Public and Indian Housing, $201,233,000. 

7 COMMUNITY PLANNING AND DEVELOPMENT

8 For necessary salaries and expenses of the Office of 

9 Community Planning and Development mission area, 

10 $101,076,000. 

11 HOUSING

12 For necessary salaries and expenses of the Office of 

13 Housing, $392,796,000, of which $8,200,000 shall be for the 

14 Office of Risk and Regulatory Affairs. 

15 POLICY DEVELOPMENT AND RESEARCH

16 For necessary salaries and expenses of the Office of 

17 Policy Development and Research, $23,016,000. 

18 FAIR HOUSING AND EQUAL OPPORTUNITY

19 For necessary salaries and expenses of the Office of 

20 Fair Housing and Equal Opportunity, $74,766,000. 

21 OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

22 For necessary salaries and expenses of the Office of 

23 Healthy Homes and Lead Hazard Control, $7,502,000. 


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1 RENTAL ASSISTANCE DEMONSTRATION

2 To conduct a demonstration designed to preserve and 

3 improve public housing through the voluntary conversion 

4 of properties with assistance under section 9 of the U.S. 

5 Housing Act of 1937, (hereinafter, ‘‘the Act’’), to properties 

6 with assistance under a project-based subsidy contract 

7 under section 8 of the Act, which shall be eligible for renewal 

8 under section 524 of the Multifamily Assisted Housing Re9 form and Affordability Act of 1997, or assistance under sec10 tion 8(o)(13) of the Act, the Secretary may transfer 

11 amounts provided under the headings ‘‘Public Housing 

12 Capital Fund’’ and ‘‘Public Housing Operating Fund’’ to 

13 the headings ‘‘Tenant-Based Rental Assistance’’ or ‘‘Project14 Based Rental Assistance’’: Provided, That project applica15 tions may be received under this demonstration until Sep16 tember 30, 2015: Provided further, That any increase in 

17 cost for ‘‘Tenant-Based Rental Assistance’’ or ‘‘Project18 Based Rental Assistance’’ associated with such conversion 

19 shall be equal to amounts transferred from ‘‘Public Housing 

20 Capital Fund’’ and ‘‘Public Housing Operating Fund’’: 

21 Provided further, That not more than 60,000 units shall 

22 be converted under the authority provided under this head23 ing: Provided further, That tenants of such converted prop24 erties shall, at a minimum, maintain the same rights under 

25 such conversion as those provided under section 9 of the Act: 


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1 Provided further, That the Secretary shall select properties 

2 from applications for conversion as part of this demonstra3 tion through a competitive process: Provided further, That 

4 in establishing criteria for such competition, the Secretary 

5 shall seek to demonstrate the feasibility of this conversion 

6 model to recapitalize and operate public housing properties 

7 (1) in different markets and geographic areas, (2) within 

8 portfolios managed by public housing agencies of varying 

9 sizes, and (3) by leveraging other sources of funding to re10 capitalize properties: Provided further, That the Secretary 

11 shall provide an opportunity for public comment on draft 

12 eligibility and selection criteria and procedures that will 

13 apply to the selection of properties that will participate in 

14 the demonstration: Provided further, That the Secretary 

15 shall provide an opportunity for comment from residents 

16 of properties to be proposed for participation in the dem17 onstration to the owners or public housing agencies respon18 sible for such properties: Provided further, That the Sec19 retary may waive or specify alternative requirements for 

20 (except for requirements related to fair housing, non21 discrimination, labor standards, and the environment) any 

22 provision of section 8(o)(13) or any provision that governs 

23 the use of assistance from which a property is converted 

24 under the demonstration or funds made available under the 

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1 ing Operating Fund’’, and ‘‘Project-Based Rental Assist2 ance’’, under this Act or any prior Act or any Act enacted 

3 during the period of conversion of assistance under the dem4 onstration for properties with assistance converted under 

5 the demonstration, upon a finding by the Secretary that 

6 any such waivers or alternative requirements are necessary 

7 for the effective conversion of assistance under the dem8 onstration: Provided further, That the Secretary shall pub9 lish by notice in the Federal Register any waivers or alter10 native requirements pursuant to the previous proviso no 

11 later than 10 days before the effective date of such notice: 

12 Provided further, That the demonstration may proceed after 

13 the Secretary publishes notice of its terms in the Federal 

14 Register: Provided further, That notwithstanding sections 

15 3 and 16 of the Act, the conversion of assistance under the 

16 demonstration shall not be the basis for re-screening or ter17 mination of assistance or eviction of any tenant family in 

18 a property participating in the demonstration, and such 

19 a family shall not be considered a new admission for any 

20 purpose, including compliance with income targeting re21 quirements: Provided further, That in the case of a property 

22 with assistance converted under the demonstration from as23 sistance under section 9 of the Act, section 18 of the Act 

24 shall not apply to a property converting assistance under 

25 the demonstration for all or substantially all of its units, 


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1 the Secretary shall require ownership or control of assisted 

2 units by a public or nonprofit entity except as determined 

3 by the Secretary to be necessary pursuant to foreclosure, 

4 bankruptcy, or termination and transfer of assistance for 

5 material violations or substantial default, shall require 

6 long-term renewable use and affordability restrictions for 

7 assisted units, and may allow ownership to be transferred 

8 to a for-profit entity to facilitate the use of tax credits only 

9 if the public housing agency preserves its interest in the 

10 property in a manner approved by the Secretary: Provided 

11 further, That the Secretary may permit transfer of assist12 ance at or after conversion under the demonstration to re13 placement units subject to the requirements in the previous 

14 proviso: Provided further, That the Secretary may establish 

15 the requirements for converted assistance under the dem16 onstration through contracts, use agreements, regulations, 

17 or other means: Provided further, That the Secretary shall 

18 assess and publish findings regarding the impact of the con19 version of assistance under the demonstration on the preser20 vation and improvement of public housing, the amount of 

21 private sector leveraging as a result of such conversion, and 

22 the effect of such conversion on tenants. 


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1 PUBLIC AND INDIAN HOUSING

2 TENANT-BASED RENTAL ASSISTANCE

3 (INCLUDING TRANSFER OF FUNDS)

4 For activities and assistance for the provision of ten5 ant-based rental assistance authorized under the United 

6 States Housing Act of 1937, as amended (42 U.S.C. 1437 

7 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

8 $14,872,357,000, to remain available until expended, shall 

9 be available on October 1, 2011 (in addition to the 

10 $4,000,000,000 previously appropriated under this heading 

11 that will become available on October 1, 2011), and 

12 $4,000,000,000, to remain available until expended, shall 

13 be available on October 1, 2012: Provided, That of the 

14 amounts made available under this heading are provided 

15 as follows: 

16 (1) Not less than $17,143,905,000 shall be avail17 able for renewals of expiring section 8 tenant-based 

18 annual contributions contracts (including renewals of 

19 enhanced vouchers under any provision of law au20 thorizing such assistance under section 8(t) of the 

21 Act) and including renewal of other special purpose 

22 incremental vouchers: Provided, That notwithstanding 

23 any other provision of law, from amounts provided 

24 under this paragraph and any carryover, the Sec25 retary for the calendar year 2012 funding cycle shall 


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1 provide renewal funding for each public housing 

2 agency based on validated voucher management sys3 tem (VMS) leasing and cost data for the prior cal4 endar year and by applying an inflation factor as es5 tablished by the Secretary, by notice published in the 

6 Federal Register, and by making any necessary ad7 justments for the costs associated with the first-time 

8 renewal of vouchers under this paragraph including 

9 tenant protection and HOPE VI vouchers: Provided 

10 further, That none of the funds provided under this 

11 paragraph may be used to fund a total number of 

12 unit months under lease which exceeds a public hous13 ing agency’s authorized level of units under contract, 

14 except for public housing agencies participating in 

15 the Moving to Work (MTW) demonstration, which are 

16 instead governed by the terms and conditions of their 

17 MTW agreements: Provided further, That the Sec18 retary shall, to the extent necessary to stay within the 

19 amount specified under this paragraph (except as oth20 erwise modified under this Act), pro rate each public 

21 housing agency’s allocation otherwise established pur22 suant to this paragraph: Provided further, That ex23 cept as provided in the following provisos, the entire 

24 amount specified under this paragraph (except as oth25 erwise modified under this Act) shall be obligated to 


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1 the public housing agencies based on the allocation 

2 and pro rata method described above, and the Sec3 retary shall notify public housing agencies of their 

4 annual budget not later than 60 days after enactment 

5 of this Act: Provided further, That the Secretary may 

6 extend the 60-day notification period with the prior 

7 written approval of the House and Senate Committees 

8 on Appropriations: Provided further, That public 

9 housing agencies participating in the Moving to Work 

10 demonstration shall be funded pursuant to their Mov11 ing to Work agreements and shall be subject to the 

12 same pro rata adjustments under the previous pro13 visos: Provided further, That up to $103,000,000 shall 

14 be available only: (1) to adjust the allocations for 

15 public housing agencies, after application for an ad16 justment by a public housing agency that experienced 

17 a significant increase, as determined by the Sec18 retary, in renewal costs of tenant-based rental assist19 ance resulting from unforeseen circumstances or from 

20 portability under section 8(r) of the Act; (2) for 

21 vouchers that were not in use during the 12-month 

22 period in order to be available to meet a commitment 

23 pursuant to section 8(o)(13) of the Act; (3) for adjust24 ments for costs associated with HUD-Veterans Affairs 

25 Supportive Housing (HUD–VASH) vouchers; and (4) 


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1 for incremental tenant-based assistance for eligible 

2 families currently assisted under the Disaster Voucher 

3 Program as authorized by Public Law 109–148 under 

4 this heading and the Disaster Housing Assistance 

5 Program for Hurricanes Ike and Gustav on the condi6 tion that such vouchers will not be re-issued when 

7 families leave the program: Provided further, That of 

8 the amounts made available under this paragraph, up 

9 to $15,000,000 may be transferred to and merged 

10 with the appropriation for ‘‘Transformation Initia11 tive’’; 

12 (2) $75,000,000 shall be for section 8 rental as13 sistance for relocation and replacement of housing 

14 units that are demolished or disposed of pursuant to 

15 section 18 of the Act, conversion of section 23 projects 

16 to assistance under section 8, the family unification 

17 program under section 8(x) of the Act, relocation of 

18 witnesses in connection with efforts to combat crime 

19 in public and assisted housing pursuant to a request 

20 from a law enforcement or prosecution agency, en21 hanced vouchers under any provision of law author22 izing such assistance under section 8(t) of the Act, 

23 HOPE VI vouchers, mandatory and voluntary con24 versions, and tenant protection assistance including 

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1 based assistance to prevent the displacement of unas2 sisted elderly tenants currently residing in section 

3 202 properties financed between 1959 and 1974 that 

4 are refinanced pursuant to Public Law 106–569, as 

5 amended, or under the authority as provided under 

6 this Act: Provided, That when a public housing devel7 opment is submitted for demolition or disposition 

8 under section 18 of the Act, the Secretary may pro9 vide section 8 rental assistance when the units pose 

10 an imminent health and safety risk to residents: Pro11 vided further, That the Secretary may only provide 

12 replacement vouchers for units that were occupied 

13 within the previous 24 months that cease to be avail14 able as assisted housing, subject only to the avail15 ability of funds: Provided further, That of the 

16 amounts made available under this paragraph, 

17 $10,000,000 shall be available to provide tenant pro18 tection assistance, not otherwise provided under this 

19 paragraph, to residents residing in low-vacancy areas 

20 and who may have to pay rents greater than 30 per21 cent of household income, as the result of (1) the ma22 turity of a HUD-insured, HUD-held or section 202 

23 loan that requires the permission of the Secretary 

24 prior to loan prepayment; (2) the expiration of a 

25 rental assistance contract for which the tenants are 


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1 not eligible for enhanced voucher or tenant protection 

2 assistance under existing law; or (3) the expiration of 

3 affordability restrictions accompanying a mortgage or 

4 preservation program administered by the Secretary: 

5 Provided further, That such tenant protection assist6 ance made available under the previous proviso may 

7 be provided under the authority of section 8(t) or sec8 tion 8(o)(13) of the United States Housing Act of 

9 1937 (42 U.S.C. 1437f(t)): Provided further, That the 

10 Secretary shall issue guidance to implement the pre11 vious provisos, including, but not limited to, require12 ments for defining eligible at-risk households within 

13 120 days of the enactment of this Act; 

14 (3) $1,400,000,000 shall be for administrative 

15 and other expenses of public housing agencies in ad16 ministering the section 8 tenant-based rental assist17 ance program, of which up to $50,000,000 shall be 

18 available to the Secretary to allocate to public hous19 ing agencies that need additional funds to administer 

20 their section 8 programs, including fees associated 

21 with section 8 tenant protection rental assistance, the 

22 administration of disaster related vouchers, Veterans 

23 Affairs Supportive Housing vouchers, and other in24 cremental vouchers: Provided, That no less than 

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1 graph shall be allocated to public housing agencies for 

2 the calendar year 2012 funding cycle based on section 

3 8(q) of the Act (and related Appropriation Act provi4 sions) as in effect immediately before the enactment 

5 of the Quality Housing and Work Responsibility Act 

6 of 1998 (Public Law 105–276): Provided further, 

7 That if the amounts made available under this para8 graph are insufficient to pay the amounts determined 

9 under the previous proviso, the Secretary may de10 crease the amounts allocated to agencies by a uniform 

11 percentage applicable to all agencies receiving fund12 ing under this paragraph or may, to the extent nec13 essary to provide full payment of amounts determined 

14 under the previous proviso, utilize unobligated bal15 ances, including recaptures and carryovers, remain16 ing from funds appropriated to the Department of 

17 Housing and Urban Development under this heading 

18 from prior fiscal years, notwithstanding the purposes 

19 for which such amounts were appropriated: Provided 

20 further, That amounts provided under this paragraph 

21 shall be only for activities related to the provision of 

22 tenant-based rental assistance authorized under sec23 tion 8, including related development activities; 

24 (4) $60,000,000 shall be available for family self25 sufficiency coordinators under section 23 of the Act; 


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1 (5) $113,452,000 for the renewal of tenant-based 

2 assistance contracts under section 811 of the Cran3 ston-Gonzalez National Affordable Housing Act (42 

4 U.S.C. 8013), including necessary administrative ex5 penses; 

6 (6) $75,000,000 for incremental rental voucher 

7 assistance for use through a supported housing pro8 gram administered in conjunction with the Depart9 ment of Veterans Affairs as authorized under section 

10 8(o)(19) of the United States Housing Act of 1937: 

11 Provided, That the Secretary of Housing and Urban 

12 Development shall make such funding available, not13 withstanding section 204 (competition provision) of 

14 this title, to public housing agencies that partner with 

15 eligible VA Medical Centers or other entities as des16 ignated by the Secretary of the Department of Vet17 erans Affairs, based on geographical need for such as18 sistance as identified by the Secretary of the Depart19 ment of Veterans Affairs, public housing agency ad20 ministrative performance, and other factors as speci21 fied by the Secretary of Housing and Urban Develop22 ment in consultation with the Secretary of the De23 partment of Veterans Affairs: Provided further, That 

24 the Secretary of Housing and Urban Development 

25 may waive, or specify alternative requirements for (in 


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1 consultation with the Secretary of the Department of 

2 Veterans Affairs), any provision of any statute or reg3 ulation that the Secretary of Housing and Urban De4 velopment administers in connection with the use of 

5 funds made available under this paragraph (except 

6 for requirements related to fair housing, non7 discrimination, labor standards, and the environ8 ment), upon a finding by the Secretary that any such 

9 waivers or alternative requirements are necessary for 

10 the effective delivery and administration of such 

11 voucher assistance: Provided further, That assistance 

12 made available under this paragraph shall continue 

13 to remain available for homeless veterans upon turn14 over; 

15 (7) $5,000,000 for payments to public housing 

16 authorities to be competitively awarded in order to 

17 demonstrate the effectiveness of leveraging mainstream 

18 resources to address the needs of families and individ19 uals who are homeless or at risk of homelessness, as 

20 defined by the Secretary of Housing and Urban De21 velopment, to be administered by the Secretary in 

22 conjunction with the Department of Health and 

23 Human Services and the Department of Education: 

24 Provided, That funds provided under this paragraph 

25 shall be awarded to public housing authorities that 


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1 (1) partner with eligible State and local entities re2 sponsible for distributing Temporary Assistance for 

3 Needy Families (TANF) and other health and human 

4 services, as designated by the Secretary of the Depart5 ment of Health and Human Services, and (2) partner 

6 with school homelessness liaisons funded through the 

7 Department of Education’s Education for Homeless 

8 Children and Youth Program: Provided further, That 

9 the funds may also be available to public housing au10 thorities that partner with eligible State Medicaid 

11 agencies and State behavioral health entities, as des12 ignated by the Secretary of the Department of Health 

13 and Human Services, to provide housing in conjunc14 tion with Medicaid case management, substance abuse 

15 treatment, and mental health services; and 

16 (8) The Secretary shall separately track all spe17 cial purpose vouchers funded under this heading. 

18 HOUSING CERTIFICATE FUND

19 (RESCISSION)

20 Of the unobligated balances, including recaptures and 

21 carryover, remaining from funds appropriated to the De22 partment of Housing and Urban Development under this 

23 heading, $200,000,000 are rescinded, to be effected by the 

24 Secretary of Housing and Urban Development no later than 

25 September 30, 2012: Provided, That if insufficient funds 


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1 exist under these headings, the remaining balance may be 

2 derived from any other unobligated balances available 

3 under any heading under this title funded in fiscal year 

4 2011 and prior years: Provided further, That the Secretary 

5 shall notify the Committees on Appropriations of the unob6 ligated balances used to meet this rescission 30 days in ad7 vance of such rescission: Provided further, That any such 

8 balances governed by reallocation provisions under the stat9 ute authorizing the program for which the funds were origi10 nally appropriated shall be available for the rescission: Pro11 vided further, That any obligated balances of contract au12 thority from fiscal year 1974 and prior that have been ter13 minated shall be cancelled. 

14 PUBLIC HOUSING CAPITAL FUND

15 For the Public Housing Capital Fund Program to 

16 carry out capital and management activities for public 

17 housing agencies, as authorized under section 9 of the 

18 United States Housing Act of 1937 (42 U.S.C. 1437g) (the 

19 ‘‘Act’’) $1,875,000,000, to remain available until September 

20 30, 2015: Provided, That notwithstanding any other provi21 sion of law or regulation, during fiscal year 2012 the Sec22 retary of Housing and Urban Development may not dele23 gate to any Department official other than the Deputy Sec24 retary and the Assistant Secretary for Public and Indian 

25 Housing any authority under paragraph (2) of section 9(j) 


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1 regarding the extension of the time periods under such sec2 tion: Provided further, That for purposes of such section 

3 9(j), the term ‘‘obligate’’ means, with respect to amounts, 

4 that the amounts are subject to a binding agreement that 

5 will result in outlays, immediately or in the future: Pro6 vided further, That up to $10,000,000 shall be to support 

7 the ongoing Public Housing Financial and Physical Assess8 ment activities of the Real Estate Assessment Center 

9 (REAC): Provided further, That of the total amount pro10 vided under this heading, not to exceed $20,000,000 shall 

11 be available for the Secretary to make grants, notwith12 standing section 204 of this Act, to public housing agencies 

13 for emergency capital needs including safety and security 

14 measures necessary to address crime and drug-related activ15 ity as well as needs resulting from unforeseen or unprevent16 able emergencies and natural disasters excluding Presi17 dentially declared emergencies and natural disasters under 

18 the Robert T. Stafford Disaster Relief and Emergency Act 

19 (42 U.S.C. 5121 et seq.) occurring in fiscal year 2012: Pro20 vided further, That of the total amount provided under this 

21 heading $50,000,000 shall be for supportive services, service 

22 coordinator and congregate services as authorized by section 

23 34 of the Act (42 U.S.C. 1437z–6) and the Native American 

24 Housing Assistance and Self-Determination Act of 1996 (25 

25 U.S.C. 4101 et seq.): Provided further, That of the total 


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1 amount provided under this heading, up to $5,000,000 is 

2 to support the costs of administrative and judicial receiver3 ships: Provided further, That from the funds made available 

4 under this heading, the Secretary shall provide bonus 

5 awards in fiscal year 2012 to public housing agencies that 

6 are designated high performers. 

7 PUBLIC HOUSING OPERATING FUND

8 For 2012 payments to public housing agencies for the 

9 operation and management of public housing, as authorized 

10 by section 9(e) of the United States Housing Act of 1937 

11 (42 U.S.C. 1437g(e)), $3,961,850,000, of which $20,000,000 

12 shall be available until September 30, 2013: Provided, That 

13 in determining public housing agencies’, including Moving 

14 to Work agencies’, calendar year 2012 funding allocations 

15 under this heading, the Secretary shall take into account 

16 public housing agencies’ excess operating fund reserves, as 

17 determined by the Secretary: Provided further, That Moving 

18 to Work agencies shall receive a pro-rata reduction con19 sistent with their peer groups: Provided further, That no 

20 public housing agency shall be left with less than $100,000 

21 in operating reserves: Provided further, That the Secretary 

22 shall not offset excess reserves by more than $750,000,000: 

23 Provided further, That in implementing such allocation re24 ductions, the Secretary shall establish a process by which 

25 public housing agencies can appeal the initial allocation 


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1 amounts and the Secretary shall consider adjustments based 

2 on such factors, including prior funding reservations, com3 mitments related to mixed finance developments, or report4 ing errors: Provided further, That the Secretary shall notify 

5 public housing agencies of such process and what docu6 mentation may be required as part of such appeal: Provided 

7 further, That following the appeals process established 

8 under the previous two provisos, the Secretary shall make 

9 final allocations: Provided further, That of the amount pro10 vided under this heading up to $20,000,000 may be set 

11 aside to provide assistance to any public housing authority 

12 who encounters financial hardship as a direct result of an 

13 excess reserve offset applied to an allocation of funding 

14 under this heading: Provided further, That the Secretary 

15 shall provide flexibility to public housing agencies to use 

16 excess operating reserves for capital improvements. 

17 CHOICE NEIGHBORHOODS

18 For competitive grants under the Choice Neighborhoods 

19 Initiative (subject to section 24 of the United States Hous20 ing Act of 1937 (42 U.S.C. 1437v), unless otherwise speci21 fied under this heading), for transformation, rehabilitation, 

22 and replacement housing needs of both public and HUD23 assisted housing and to transform neighborhoods of poverty 

24 into functioning, sustainable mixed income neighborhoods 

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1 tation and access to jobs, $120,000,000, to remain available 

2 until September 30, 2014: Provided, That grant funds may 

3 be used for resident and community services, community 

4 development, and affordable housing needs in the commu5 nity, and for conversion of vacant or foreclosed properties 

6 to affordable housing: Provided further, That grantees shall 

7 undertake comprehensive local planning with input from 

8 residents and the community, and that grantees shall pro9 vide a match in State, local, other Federal or private funds: 

10 Provided further, That grantees may include local govern11 ments, tribal entities, public housing authorities, and non12 profits: Provided further, That for-profit developers may 

13 apply jointly with a public entity: Provided further, That 

14 of the amount provided, not less than $80,000,000 shall be 

15 awarded to public housing authorities: Provided further, 

16 That such grantees shall create partnerships with other 

17 local organizations including assisted housing owners, serv18 ice agencies, and resident organizations: Provided further, 

19 That the Secretary shall consult with the Secretaries of 

20 Education, Labor, Transportation, Health and Human 

21 Services, Agriculture, and Commerce and the Adminis22 trator of the Environmental Protection Agency to coordi23 nate and leverage other appropriate Federal resources: Pro24 vided further, That no more than $5,000,000 of funds made 

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1 munities in developing comprehensive strategies for imple2 menting this program or implementing other revitalization 

3 efforts in conjunction with community notice and input: 

4 Provided further, That the Secretary shall develop and pub5 lish guidelines for the use of such competitive funds, includ6 ing but not limited to eligible activities, program require7 ments, and performance metrics. 

8 NATIVE AMERICAN HOUSING BLOCK GRANTS

9 For the Native American Housing Block Grants pro10 gram, as authorized under title I of the Native American 

11 Housing Assistance and Self-Determination Act of 1996 

12 (NAHASDA) (25 U.S.C. 4111 et seq.), $650,000,000, to re13 main available until expended: Provided, That, notwith14 standing the Native American Housing Assistance and Self15 Determination Act of 1996, to determine the amount of the 

16 allocation under title I of such Act for each Indian tribe, 

17 the Secretary shall apply the formula under section 302 of 

18 such Act with the need component based on single-race cen19 sus data and with the need component based on multi-race 

20 census data, and the amount of the allocation for each In21 dian tribe shall be the greater of the two resulting allocation 

22 amounts: Provided further, That of the amounts made 

23 available under this heading, $3,500,000 shall be contracted 

24 for assistance for a national organization representing Na25 tive American housing interests for providing training and 


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1 technical assistance to Indian housing authorities and trib2 ally designated housing entities as authorized under 

3 NAHASDA; and $4,250,000 shall be to support the inspec4 tion of Indian housing units, contract expertise, training, 

5 and technical assistance in the training, oversight, and 

6 management of such Indian housing and tenant-based as7 sistance, including up to $300,000 for related travel: Pro8 vided further, That of the amount provided under this head9 ing, $2,000,000 shall be made available for the cost of guar10 anteed notes and other obligations, as authorized by title 

11 VI of NAHASDA: Provided further, That such costs, includ12 ing the costs of modifying such notes and other obligations, 

13 shall be as defined in section 502 of the Congressional Budg14 et Act of 1974, as amended: Provided further, That these 

15 funds are available to subsidize the total principal amount 

16 of any notes and other obligations, any part of which is 

17 to be guaranteed, not to exceed $20,000,000. 

18 NATIVE HAWAIIAN HOUSING BLOCK GRANT

19 For the Native Hawaiian Housing Block Grant pro20 gram, as authorized under title VIII of the Native American 

21 Housing Assistance and Self-Determination Act of 1996 (25 

22 U.S.C. 4111 et seq.), $13,000,000, to remain available until 

23 expended: Provided, That of this amount, $300,000 shall be 

24 for training and technical assistance activities, including 


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1 up to $100,000 for related travel by Hawaii-based HUD 

2 employees. 

3 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

4 ACCOUNT

5 For the cost of guaranteed loans, as authorized by sec6 tion 184 of the Housing and Community Development Act 

7 of 1992 (12 U.S.C. 1715z), $7,000,000, to remain available 

8 until expended: Provided, That such costs, including the 

9 costs of modifying such loans, shall be as defined in section 

10 502 of the Congressional Budget Act of 1974: Provided fur11 ther, That these funds are available to subsidize total loan 

12 principal, any part of which is to be guaranteed, up to 

13 $428,000,000: Provided further, That up to $750,000 shall 

14 be for administrative contract expenses including manage15 ment processes and systems to carry out the loan guarantee 

16 program. 

17 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

18 PROGRAM ACCOUNT

19 For the cost of guaranteed loans, as authorized by sec20 tion 184A of the Housing and Community Development Act 

21 of 1992 (12 U.S.C. 1715z) and for such costs for loans used 

22 for refinancing, $386,000, to remain available until ex23 pended: Provided, That such costs, including the costs of 

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

25 the Congressional Budget Act of 1974: Provided further, 


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1 That these funds are available to subsidize total loan prin2 cipal, any part of which is to be guaranteed, not to exceed 

3 $41,504,000. 

4 COMMUNITY PLANNING AND DEVELOPMENT

5 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

6 For carrying out the Housing Opportunities for Per7 sons with AIDS program, as authorized by the AIDS Hous8 ing Opportunity Act (42 U.S.C. 12901 et seq.), 

9 $330,000,000, to remain available until September 30, 

10 2013, except that amounts allocated pursuant to section 

11 854(c)(3) of such Act shall remain available until Sep12 tember 30, 2014: Provided, That the Secretary shall renew 

13 all expiring contracts for permanent supportive housing 

14 that were funded under section 854(c)(3) of such Act that 

15 meet all program requirements before awarding funds for 

16 new contracts and activities authorized under this section. 

17 COMMUNITY DEVELOPMENT FUND

18 For assistance to units of State and local government, 

19 and to other entities, for economic and community develop20 ment activities, and for other purposes, $3,001,027,000, to 

21 remain available until September 30, 2013, unless otherwise 

22 specified: Provided, That of the total amount provided, 

23 $2,851,027,000 is for carrying out the community develop24 ment block grant program under title I of the Housing and 

25 Community Development Act of 1974, as amended (the 


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1 ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, 

2 That unless explicitly provided for under this heading (ex3 cept for planning grants provided in the second paragraph 

4 and amounts made available under the third paragraph), 

5 not to exceed 20 percent of any grant made with funds ap6 propriated under this heading shall be expended for plan7 ning and management development and administration: 

8 Provided further, That $60,000,000 shall be for grants to 

9 Indian tribes notwithstanding section 106(a)(1) of such Act, 

10 of which, notwithstanding any other provision of law (in11 cluding section 204 of this Act), up to $3,960,000 may be 

12 used for emergencies that constitute imminent threats to 

13 health and safety. 

14 Of the amounts made available under this heading, 

15 $90,000,000 shall be made available for a Sustainable Com16 munities Initiative to improve regional planning efforts 

17 that integrate housing and transportation decisions, and 

18 increase the capacity to improve land use and zoning: Pro19 vided, That $63,000,000 shall be for Regional Integrated 

20 Planning Grants to support the linking of transportation 

21 and land use planning: Provided further, That not less than 

22 $15,750,000 of the funding made available for Regional In23 tegrated Planning Grants shall be awarded to metropolitan 

24 areas of less than 500,000: Provided further, That 

25 $27,000,000 shall be for Community Challenge Planning 


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1 Grants to foster reform and reduce barriers to achieve af2 fordable, economically vital, and sustainable communities: 

3 Provided further, That the Secretary will consult with the 

4 Secretary of Transportation in evaluating grant proposals. 

5 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER

6 FUNDING

7 For an additional amount for the ‘‘Community Devel8 opment Fund’’, for necessary expenses related to disaster 

9 relief, long-term recovery, and restoration of infrastructure, 

10 housing, and economic revitalization resulting from a 

11 major disaster designation pursuant to the Robert T. Staf12 ford Disaster Relief and Emergency Assistance Act (42 

13 U.S.C. 5122(2)) in 2011, $400,000,000, to remain available 

14 until expended, for activities authorized under title I of the 

15 Housing and Community Development Act of 1974 (Public 

16 Law 93–383): Provided, That the amount provided under 

17 this heading is designated by Congress as being for disaster 

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

19 Budget and Emergency Deficit Control Act of 1985 (Public 

20 Law 99–177), as amended: Provided further, That funds 

21 shall be awarded directly to the State or unit of general 

22 local government at the discretion of the Secretary: Pro23 vided further, That prior to the obligation of funds a grant24 ee shall submit a plan to the Secretary detailing the pro25 posed use of all funds, including criteria for eligibility and 


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1 how the use of these funds will address long-term recovery 

2 and restoration of infrastructure: Provided further, That 

3 funds provided under this heading may be used by a State 

4 or locality as a matching requirement, share, or contribu5 tion for any other Federal program: Provided further, That 

6 such funds may not be used for activities reimbursable by, 

7 or for which funds are made available by, the Federal 

8 Emergency Management Agency or the Army Corps of En9 gineers: Provided further, That funds allocated under this 

10 heading shall not adversely affect the amount of any for11 mula assistance received by a State or subdivision thereof 

12 under the Community Development Fund: Provided fur13 ther, That a State or subdivision thereof may use up to 

14 5 percent of its allocation for administrative costs: Provided 

15 further, That in administering the funds under this head16 ing, the Secretary of Housing and Urban Development may 

17 waive, or specify alternative requirements for, any provi18 sion of any statute or regulation that the Secretary admin19 isters in connection with the obligation by the Secretary 

20 or the use by the recipient of these funds or guarantees (ex21 cept for requirements related to fair housing, non22 discrimination, labor standards, and the environment), 

23 upon a request by a State or subdivision thereof explaining 

24 why such waiver is required to facilitate the use of such 

25 funds or guarantees, if the Secretary finds that such waiver 


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1 would not be inconsistent with the overall purpose of title 

2 I of the Housing and Community Development Act of 1974: 

3 Provided further, That the Secretary shall publish in the 

4 Federal Register any waiver of any statute or regulation 

5 that the Secretary administers pursuant to title I of the 

6 Housing and Community Development Act of 1974 no later 

7 than 5 days before the effective date of such waiver. 

8 COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM

9 ACCOUNT

10 For the cost of guaranteed loans, $4,960,000, to remain 

11 available until September 30, 2012, as authorized by section 

12 108 of the Housing and Community Development Act of 

13 1974 (42 U.S.C. 5308): Provided, That such costs, including 

14 the cost of modifying such loans, shall be as defined in sec15 tion 502 of the Congressional Budget Act of 1974: Provided 

16 further, That these funds are available to subsidize total 

17 loan principal, any part of which is to be guaranteed, not 

18 to exceed $200,000,000, notwithstanding any aggregate lim19 itation on outstanding obligations guaranteed in section 

20 108(k) of the Housing and Community Development Act 

21 of 1974, as amended. 

22 HOME INVESTMENT PARTNERSHIPS PROGRAM

23 For the HOME investment partnerships program, as 

24 authorized under title II of the Cranston-Gonzalez National 

25 Affordable Housing Act, as amended, $1,000,000,000, to reVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 main available until September 30, 2013: Provided, That 

2 notwithstanding the amount made available under this 

3 heading, the threshold reduction requirements in sections 

4 216(10) and 217(b)(4) of such Act shall not apply to alloca5 tion of such amount: Provided further, That funds made 

6 available under this heading used for projects not completed 

7 within 4 years of the commitment date, as determined by 

8 a signature of each party to the agreement shall be repaid: 

9 Provided further, That the Secretary may extend the dead10 line for 1 year if the Secretary determines that the failure 

11 to complete the project is beyond the control of the partici12 pating jurisdiction: Provided further, That no funds pro13 vided under this heading may be committed to any project 

14 included as part of a participating jurisdiction’s plan 

15 under section 105(b), unless each participating jurisdiction 

16 certifies that it has conducted an underwriting review, as17 sessed developer capacity and fiscal soundness, and exam18 ined neighborhood market conditions to ensure adequate 

19 need for each project: Provided further, That any homeown20 ership units funded under this heading which cannot be sold 

21 to an eligible homeowner within 6 months of project comple22 tion shall be rented to an eligible tenant: Provided further, 

23 That no funds provided under this heading may be awarded 

24 for development activities to a community housing develop25 ment organization that cannot demonstrate that it is has 


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1 staff with demonstrated development experience: Provided 

2 further, That funds provided in prior appropriations Acts 

3 for technical assistance, that were made available for Com4 munity Housing Development Organizations technical as5 sistance, and that still remain available, may be used for 

6 HOME technical assistance notwithstanding the purposes 

7 for which such amounts were appropriated. 

8 SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY

9 PROGRAM

10 For the Self-Help and Assisted Homeownership Op11 portunity Program, as authorized under section 11 of the 

12 Housing Opportunity Program Extension Act of 1996, as 

13 amended, $57,000,000, to remain available until September 

14 30, 2013: Provided, That of the total amount provided 

15 under this heading, $17,000,000 shall be made available to 

16 the Self-Help and Assisted Homeownership Opportunity 

17 Program as authorized under section 11 of the Housing Op18 portunity Program Extension Act of 1996, as amended: 

19 Provided further, That $35,000,000 shall be made available 

20 for the second, third and fourth capacity building activities 

21 authorized under section 4(a) of the HUD Demonstration 

22 Act of 1993 (42 U.S.C. 9816 note), of which not less than 

23 $5,000,000 may be made available for rural capacity-build24 ing activities: Provided further, That $5,000,000 shall be 

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1 tional organization with expertise in rural housing, includ2 ing experience working with rural housing organizations, 

3 local governments, and Indian tribes. 

4 HOMELESS ASSISTANCE GRANTS

5 (INCLUDING TRANSFER OF FUNDS)

6 For the emergency solutions grants program as author7 ized under subtitle B of title IV of the McKinney-Vento 

8 Homeless Assistance Act, as amended; the continuum of 

9 care program as authorized under subtitle C of title IV of 

10 such Act; and the rural housing stability assistance pro11 gram as authorized under subtitle D of title IV of such Act, 

12 $1,901,190,000, of which $1,896,190,000 shall remain 

13 available until September 30, 2014, and of which 

14 $5,000,000 shall remain available until expended for 

15 project-based rental assistance with rehabilitation projects 

16 with 10-year grant terms and any rental assistance 

17 amounts that are recaptured under such continuum of care 

18 program shall remain available until expended: Provided, 

19 That not less than $286,000,000 of the funds appropriated 

20 under this heading shall be available for such emergency 

21 solutions grants program: Provided further, That not less 

22 than $1,602,190,000 of the funds appropriated under this 

23 heading shall be available for such continuum of care and 

24 rural housing stability assistance programs: Provided fur25 ther, That up to $8,000,000 of the funds appropriated under 


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1 this heading shall be available for the national homeless 

2 data analysis project: Provided further, That for all match 

3 requirements applicable to funds made available under this 

4 heading for this fiscal year and prior years, a grantee may 

5 use (or could have used) as a source of match funds other 

6 funds administered by the Secretary and other Federal 

7 agencies unless there is (or was) a specific statutory prohi8 bition on any such use of any such funds: Provided further, 

9 That the Secretary shall renew on an annual basis expiring 

10 contracts or amendments to contracts funded under the con11 tinuum of care program if the program is determined to 

12 be needed under the applicable continuum of care and meets 

13 appropriate program requirements and financial stand14 ards, as determined by the Secretary: Provided further, 

15 That all awards of assistance under this heading shall be 

16 required to coordinate and integrate homeless programs 

17 with other mainstream health, social services, and employ18 ment programs for which homeless populations may be eli19 gible, including Medicaid, State Children’s Health Insur20 ance Program, Temporary Assistance for Needy Families, 

21 Food Stamps, and services funding through the Mental 

22 Health and Substance Abuse Block Grant, Workforce In23 vestment Act, and the Welfare-to-Work grant program: Pro24 vided further, That all balances for Shelter Plus Care re25 newals previously funded from the Shelter Plus Care ReVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00388 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 newal account and transferred to this account shall be 

2 available, if recaptured, for continuum of care renewals in 

3 fiscal year 2012. 

4 HOUSING PROGRAMS

5 PROJECT-BASED RENTAL ASSISTANCE

6 For activities and assistance for the provision of 

7 project-based subsidy contracts under the United States 

8 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the Act’’), 

9 not otherwise provided for, $9,018,672,000, to remain avail10 able until expended, shall be available on October 1, 2011 

11 (in addition to the $400,000,000 previously appropriated 

12 under this heading that will become available October 1, 

13 2012), and $400,000,000, to remain available until ex14 pended, shall be available on October 1, 2012: Provided, 

15 That the amounts made available under this heading shall 

16 be available for expiring or terminating section 8 project17 based subsidy contracts (including section 8 moderate reha18 bilitation contracts), for amendments to section 8 project19 based subsidy contracts (including section 8 moderate reha20 bilitation contracts), for contracts entered into pursuant to 

21 section 441 of the McKinney-Vento Homeless Assistance Act 

22 (42 U.S.C. 11401), for renewal of section 8 contracts for 

23 units in projects that are subject to approved plans of action 

24 under the Emergency Low Income Housing Preservation 

25 Act of 1987 or the Low-Income Housing Preservation and 


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1 Resident Homeownership Act of 1990, and for administra2 tive and other expenses associated with project-based activi3 ties and assistance funded under this paragraph: Provided 

4 further, That of the total amounts provided under this head5 ing, not to exceed $289,000,000 shall be available for per6 formance-based contract administrators for section 8 

7 project-based assistance: Provided further, That the Sec8 retary of Housing and Urban Development may also use 

9 such amounts in the previous proviso for performance-based 

10 contract administrators for the administration of: interest 

11 reduction payments pursuant to section 236(a) of the Na12 tional Housing Act (12 U.S.C. 1715z–1(a)); rent supple13 ment payments pursuant to section 101 of the Housing and 

14 Urban Development Act of 1965 (12 U.S.C. 1701s); section 

15 236(f)(2) rental assistance payments (12 U.S.C. 1715z– 

16 1(f)(2)); project rental assistance contracts for the elderly 

17 under section 202(c)(2) of the Housing Act of 1959 (12 

18 U.S.C. 1701q); project rental assistance contracts for sup19 portive housing for persons with disabilities under section 

20 811(d)(2) of the Cranston-Gonzalez National Affordable 

21 Housing Act (42 U.S.C. 8013(d)(2)); project assistance con22 tracts pursuant to section 202(h) of the Housing Act of 1959 

23 (Public Law 86–372; 73 Stat. 667); and loans under section 

24 202 of the Housing Act of 1959 (Public Law 86–372; 73 

25 Stat. 667): Provided further, That amounts recaptured 


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1 under this heading may be used for renewals of or amend2 ments to section 8 project-based contracts or for perform3 ance-based contract administrators, notwithstanding the 

4 purposes for which such amounts were appropriated. 

5 HOUSING FOR THE ELDERLY

6 For capital advances, including amendments to cap7 ital advance contracts, for housing for the elderly, as au8 thorized by section 202 of the Housing Act of 1959, as 

9 amended, and for project rental assistance for the elderly 

10 under section 202(c)(2) of such Act, including amendments 

11 to contracts for such assistance and renewal of expiring con12 tracts for such assistance for up to a 1-year term, and for 

13 senior preservation rental assistance contracts, as author14 ized by section 811(e) of the American Housing and Eco15 nomic Opportunity Act of 2000, as amended, and for sup16 portive services associated with the housing, $369,627,000 

17 to remain available until September 30, 2015: Provided, 

18 That of the amount provided under this heading, up to 

19 $91,000,000 shall be for service coordinators and the con20 tinuation of existing congregate service grants for residents 

21 of assisted housing projects, and of which up to $20,000,000 

22 shall be for grants under section 202b of the Housing Act 

23 of 1959 (12 U.S.C. 1701q–2) for conversion of eligible 

24 projects under such section to assisted living, service-en25 riched housing, or related use for substantial and emergency 


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1 repairs as determined by the Secretary: Provided further, 

2 That amounts under this heading shall be available for Real 

3 Estate Assessment Center inspections and inspection-related 

4 activities associated with section 202 capital advance 

5 projects: Provided further, That the Secretary may waive 

6 the provisions of section 202 governing the terms and condi7 tions of project rental assistance, except that the initial con8 tract term for such assistance shall not exceed 5 years in 

9 duration. 

10 HOUSING FOR PERSONS WITH DISABILITIES

11 For capital advance contracts, including amendments 

12 to capital advance contracts, for supportive housing for per13 sons with disabilities, as authorized by section 811 of the 

14 Cranston-Gonzalez National Affordable Housing Act (42 

15 U.S.C. 8013) and for project rental assistance for sup16 portive housing for persons with disabilities under section 

17 811(d)(2) of such Act, including amendments to contracts 

18 for such assistance and renewal of expiring contracts for 

19 such assistance for up to a 1-year term, and for supportive 

20 services associated with the housing for persons with dis21 abilities as authorized by section 811(b)(1) of such Act, 

22 $150,000,000 to remain available until September 30, 2015: 

23 Provided, That the Secretary may waive the provisions of 

24 section 811 governing the terms and conditions of project 

25 rental assistance, except that the initial contract term for 


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1 such assistance shall not exceed 5 years in duration: Pro2 vided further, That amounts made available under this 

3 heading shall be available for Real Estate Assessment Cen4 ter inspections and inspection-related activities associated 

5 with section 811 Capital Advance Projects: Provided fur6 ther, That the Secretary shall conduct a demonstration pro7 gram to make available funds provided under this heading 

8 for project rental assistance to State housing finance agen9 cies and other appropriate entities as authorized under sec10 tion 811(b)(3) of the Cranston-Gonzalez National Affordable 

11 Housing Act (42 U.S.C. 8013(b)(3)). 

12 HOUSING COUNSELING ASSISTANCE

13 For contracts, grants, and other assistance excluding 

14 loans, as authorized under section 106 of the Housing and 

15 Urban Development Act of 1968, as amended, $60,000,000, 

16 including up to $2,500,000 for administrative contract 

17 services, to remain available until September 30, 2012: Pro18 vided, That grants made available from amounts provided 

19 under this heading shall be awarded within 120 days of 

20 enactment of this Act: Provided further, That funds shall 

21 be used for providing counseling and advice to tenants and 

22 homeowners, both current and prospective, with respect to 

23 property maintenance, financial management/literacy, and 

24 such other matters as may be appropriate to assist them 

25 in improving their housing conditions, meeting their finanVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 cial needs, and fulfilling the responsibilities of tenancy or 

2 homeownership; for program administration; and for hous3 ing counselor training. 

4 OTHER ASSISTED HOUSING PROGRAMS

5 RENTAL HOUSING ASSISTANCE

6 For amendments to or extensions for up to 1 year of 

7 contracts under section 101 of the Housing and Urban De8 velopment Act of 1965 (12 U.S.C. 1701s) and section 

9 236(f)(2) of the National Housing Act (12 U.S.C. 1715z– 

10 1) in State-aided, noninsured rental housing projects, 

11 $1,300,000, to remain available until expended. 

12 RENT SUPPLEMENT

13 (RESCISSION)

14 Of the amounts recaptured from terminated contracts 

15 under section 101 of the Housing and Urban Development 

16 Act of 1965 (12 U.S.C. 1701s) and section 236 of the Na17 tional Housing Act (12 U.S.C. 1715z–1) $231,600,000 are 

18 rescinded: Provided, That no amounts may be rescinded 

19 from amounts that were designated by the Congress as an 

20 emergency requirement pursuant to the Concurrent Resolu21 tion on the Budget or the Balanced Budget and Emergency 

22 Deficit Control Act of 1985, as amended. 

23 PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

24 For necessary expenses as authorized by the National 

25 Manufactured Housing Construction and Safety Standards 


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1 Act of 1974 (42 U.S.C. 5401 et seq.), up to $9,000,000, to 

2 remain available until expended, of which $4,000,000 is to 

3 be derived from the Manufactured Housing Fees Trust 

4 Fund: Provided, That not to exceed the total amount appro5 priated under this heading shall be available from the gen6 eral fund of the Treasury to the extent necessary to incur 

7 obligations and make expenditures pending the receipt of 

8 collections to the Fund pursuant to section 620 of such Act: 

9 Provided further, That the amount made available under 

10 this heading from the general fund shall be reduced as such 

11 collections are received during fiscal year 2011 so as to re12 sult in a final fiscal year 2011 appropriation from the gen13 eral fund estimated at not more than $5,000,000 and fees 

14 pursuant to such section 620 shall be modified as necessary 

15 to ensure such a final fiscal year 2011 appropriation: Pro16 vided further, That for the dispute resolution and installa17 tion programs, the Secretary of Housing and Urban Devel18 opment may assess and collect fees from any program par19 ticipant: Provided further, That such collections shall be de20 posited into the Fund, and the Secretary, as provided here21 in, may use such collections, as well as fees collected under 

22 section 620, for necessary expenses of such Act: Provided 

23 further, That notwithstanding the requirements of section 

24 620 of such Act, the Secretary may carry out responsibil25 ities of the Secretary under such Act through the use of apVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 proved service providers that are paid directly by the recipi2 ents of their services. 

3 FEDERAL HOUSING ADMINISTRATION

4 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

5 (INCLUDING TRANSFERS OF FUNDS)

6 New commitments to guarantee single family loans in7 sured under the Mutual Mortgage Insurance Fund shall not 

8 exceed $400,000,000,000, to remain available until Sep9 tember 30, 2013: Provided, That during fiscal year 2012, 

10 obligations to make direct loans to carry out the purposes 

11 of section 204(g) of the National Housing Act, as amended, 

12 shall not exceed $50,000,000: Provided further, That the 

13 foregoing amount in the previous proviso shall be for loans 

14 to nonprofit and governmental entities in connection with 

15 sales of single family real properties owned by the Secretary 

16 and formerly insured under the Mutual Mortgage Insurance 

17 Fund. For administrative contract expenses of the Federal 

18 Housing Administration, $206,586,000, to remain avail19 able until September 30, 2013, of which up to $70,652,000 

20 may be transferred to and merged with the Working Capital 

21 Fund: Provided further, That to the extent guaranteed loan 

22 commitments exceed $200,000,000,000 on or before April 1, 

23 2012, an additional $1,400 for administrative contract ex24 penses shall be available for each $1,000,000 in additional 

25 guaranteed loan commitments (including a pro rata 


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1 amount for any amount below $1,000,000), but in no case 

2 shall funds made available by this proviso exceed 

3 $30,000,000. 

4 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

5 During fiscal year 2012, commitments to guarantee 

6 loans incurred under the General and Special Risk Insur7 ance Funds, as authorized by sections 238 and 519 of the 

8 National Housing Act (12 U.S.C. 1715z–3 and 1735c), shall 

9 not exceed $25,000,000,000 in total loan principal, any 

10 part of which is to be guaranteed. 

11 Gross obligations for the principal amount of direct 

12 loans, as authorized by sections 204(g), 207(l), 238, and 

13 519(a) of the National Housing Act, shall not exceed 

14 $20,000,000, which shall be for loans to nonprofit and gov15 ernmental entities in connection with the sale of single fam16 ily real properties owned by the Secretary and formerly in17 sured under such Act. 

18 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

19 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

20 GUARANTEE PROGRAM ACCOUNT

21 New commitments to issue guarantees to carry out the 

22 purposes of section 306 of the National Housing Act, as 

23 amended (12 U.S.C. 1721(g)), shall not exceed 

24 $500,000,000,000, to remain available until September 30, 

25 2013: Provided, That $20,000,000 shall be available for perVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00397 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 sonnel compensation and benefits, and other administrative 

2 expenses of the Government National Mortgage Association: 

3 Provided further, That to the extent that guaranteed loan 

4 commitments will and do exceed $300,000,000,000, an ad5 ditional $100 for personnel compensation and benefits, and 

6 administrative expenses shall be available until expended 

7 for each $1,000,000 in additional guaranteed loan commit8 ments (including a pro rata amount for any amount below 

9 $1,000,000): Provided further, That receipts from Commit10 ment and Multiclass fees collected pursuant to title III of 

11 the National Housing Act, as amended, shall be credited 

12 as offsetting collections to this account. 

13 POLICY DEVELOPMENT AND RESEARCH

14 RESEARCH AND TECHNOLOGY

15 For contracts, grants, and necessary expenses of pro16 grams of research and studies relating to housing and 

17 urban problems, not otherwise provided for, as authorized 

18 by title V of the Housing and Urban Development Act of 

19 1970 (12 U.S.C. 1701z–1 et seq.), including carrying out 

20 the functions of the Secretary of Housing and Urban Devel21 opment under section 1(a)(1)(i) of Reorganization Plan No. 

22 2 of 1968, $45,825,000, to remain available until September 

23 30, 2013: Provided, That with respect to amounts made 

24 available under this heading, notwithstanding section 204 

25 of this title, the Secretary may enter into cooperative agreeVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00398 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 ments funded with philanthropic entities, other Federal 

2 agencies, or State or local governments and their agencies 

3 for research projects: Provided further, That with respect 

4 to the previous proviso, such partners to the cooperative 

5 agreements must contribute at least a 50 percent match to6 ward the cost of the project: Provided further, That for non7 competitive agreements entered into in accordance with the 

8 previous two provisos, the Secretary of Housing and Urban 

9 Development shall comply with section 2(b) of the Federal 

10 Funding Accountability and Transparency Act of 2006 

11 (Public Law 109–282, 31 U.S.C. note) in lieu of compliance 

12 with section 102(a)(4)(C) with respect to documentation of 

13 award decisions. 

14 FAIR HOUSING AND EQUAL OPPORTUNITY

15 FAIR HOUSING ACTIVITIES

16 For contracts, grants, and other assistance, not other17 wise provided for, as authorized by title VIII of the Civil 

18 Rights Act of 1968, as amended by the Fair Housing 

19 Amendments Act of 1988, and section 561 of the Housing 

20 and Community Development Act of 1987, as amended, 

21 $70,847,000, to remain available until September 30, 2013, 

22 of which $42,500,000 shall be to carry out activities pursu23 ant to such section 561: Provided, That notwithstanding 31 

24 U.S.C. 3302, the Secretary may assess and collect fees to 

25 cover the costs of the Fair Housing Training Academy, and 


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1 may use such funds to provide such training: Provided fur2 ther, That no funds made available under this heading shall 

3 be used to lobby the executive or legislative branches of the 

4 Federal Government in connection with a specific contract, 

5 grant or loan: Provided further, That of the funds made 

6 available under this heading, $300,000 shall be available 

7 to the Secretary of Housing and Urban Development for 

8 the creation and promotion of translated materials and 

9 other programs that support the assistance of persons with 

10 limited English proficiency in utilizing the services pro11 vided by the Department of Housing and Urban Develop12 ment. 

13 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

14 CONTROL

15 LEAD HAZARD REDUCTION

16 For the Lead Hazard Reduction Program, as author17 ized by section 1011 of the Residential Lead-Based Paint 

18 Hazard Reduction Act of 1992, $120,000,000, to remain 

19 available until September 30, 2013, pursuant to sections 

20 501 and 502 of the Housing and Urban Development Act 

21 of 1970 that shall include research, studies, testing, and 

22 demonstration efforts, including education and outreach 

23 concerning lead-based paint poisoning and other housing24 related diseases and hazards: Provided, That for purposes 

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1 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

2 other provisions of the law that further the purposes of such 

3 Act, a grant under the Healthy Homes Initiative, Oper4 ation Lead Elimination Action Plan (LEAP), or the Lead 

5 Technical Studies program under this heading or under 

6 prior appropriations Acts for such purposes under this 

7 heading, shall be considered to be funds for a special project 

8 for purposes of section 305(c) of the Multifamily Housing 

9 Property Disposition Reform Act of 1994: Provided further, 

10 That of the total amount made available under this head11 ing, $45,000,000 shall be made available on a competitive 

12 basis for areas with the highest lead paint abatement needs: 

13 Provided further, That each recipient of funds provided 

14 under the second proviso shall make a matching contribu15 tion in an amount not less than 25 percent: Provided fur16 ther, That the Secretary may waive the matching require17 ment cited in the preceding proviso on a case by case basis 

18 if the Secretary determines that such a waiver is necessary 

19 to advance the purposes of this program: Provided further, 

20 That each applicant shall submit a detailed plan and strat21 egy that demonstrates adequate capacity that is acceptable 

22 to the Secretary to carry out the proposed use of funds pur23 suant to a notice of funding availability: Provided further, 

24 That amounts made available under this heading in this 

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1 able, may be used for any purpose under this heading not2 withstanding the purpose for which such amounts were ap3 propriated if a program competition is undersubscribed 

4 and there are other program competitions under this head5 ing that are oversubscribed. 

6 WORKING CAPITAL FUND

7 For additional capital for the Working Capital Fund 

8 (42 U.S.C. 3535) for the maintenance of infrastructure for 

9 Department-wide information technology systems, for the 

10 continuing operation and maintenance of both Department11 wide and program-specific information systems, and for 

12 program-related maintenance activities, $192,475,000, to 

13 remain available until September 30, 2013: Provided, That 

14 any amounts transferred to this Fund under this Act shall 

15 remain available until expended: Provided further, That 

16 any amounts transferred to this Fund from amounts appro17 priated by previously enacted appropriations Acts may be 

18 used for the purposes specified under this Fund, in addition 

19 to any other information technology the purposes for which 

20 such amounts were appropriated: Provided further, That 

21 not more than 25 percent of the funds made available under 

22 this heading for Development, Modernization and Enhance23 ment, including development and deployment of a Next 

24 Generation of Voucher Management System and develop25 ment and deployment of modernized Federal Housing AdVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00402 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 ministration systems may be obligated until the Secretary 

2 submits to the Committees on Appropriations a plan for 

3 expenditure that—(A) identifies for each modernization 

4 project: (i) the functional and performance capabilities to 

5 be delivered and the mission benefits to be realized, (ii) the 

6 estimated life-cycle cost, and (iii) key milestones to be met; 

7 (B) demonstrates that each modernization project is: (i) 

8 compliant with the department’s enterprise architecture, 

9 (ii) being managed in accordance with applicable life-cycle 

10 management policies and guidance, (iii) subject to the de11 partment’s capital planning and investment control re12 quirements, and (iv) supported by an adequately staffed 

13 project office; and (C) has been reviewed by the Government 

14 Accountability Office. 

15 OFFICE OF INSPECTOR GENERAL

16 For necessary salaries and expenses of the Office of In17 spector General in carrying out the Inspector General Act 

18 of 1978, as amended, $124,750,000: Provided, That the In19 spector General shall have independent authority over all 

20 personnel issues within this office. 

21 TRANSFORMATION INITIATIVE

22 (INCLUDING TRANSFER OF FUNDS)

23 Of the amounts made available in this Act under each 

24 of the following headings under this title, the Secretary may 

25 transfer to, and merge with, this account up to 0.5 percent 


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1 from each such account, and such transferred amounts shall 

2 be available until September 30, 2014, for: (1) research, 

3 evaluation, and program metrics; (2) program demonstra4 tions; and (3) technical assistance and capacity building: 

5 ‘‘Choice Neighborhoods Initiative’’, ‘‘Housing Opportunities 

6 for Persons With AIDS’’, ‘‘Community Development 

7 Fund’’, ‘‘HOME Investment Partnerships Program’’, ‘‘Self8 Help and Assisted Homeownership Opportunity Program’’, 

9 ‘‘Homeless Assistance Grants’’, ‘‘Housing for the Elderly’’, 

10 ‘‘Housing for Persons With Disabilities’’, ‘‘Housing Coun11 seling Assistance’’, ‘‘Payment to Manufactured Housing 

12 Fees Trust Fund’’, ‘‘Mutual Mortgage Insurance Program 

13 Account’’, ‘‘Lead Hazard Reduction’’, ‘‘Rental Housing As14 sistance’’, and ‘‘Fair Housing Activities’’: Provided, That 

15 of the amounts made available under this paragraph, not 

16 less than $45,000,000 shall be available for technical assist17 ance and capacity building: Provided further, That tech18 nical assistance activities shall include, technical assistance 

19 for HUD programs, including HOME, Community Devel20 opment Block Grant, homeless programs, HOPWA, HOPE 

21 VI, Public Housing, the Housing Choice Voucher Program, 

22 Fair Housing Initiative Program, Housing Counseling, 

23 Healthy Homes, Sustainable Communities, and other tech24 nical assistance as determined by the Secretary: Provided 

25 further, That the Secretary shall submit a plan to the House 


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1 and Senate Committees on Appropriations for approval de2 tailing how the funding provided under this heading will 

3 be allocated to each of the four categories identified under 

4 this heading and for what projects or activities funding will 

5 be used: Provided further, That following the initial ap6 proval of this plan, the Secretary may amend the plan with 

7 the approval of the House and Senate Committees on Ap8 propriations: Provided further, That with respect to 

9 amounts made available under this heading for research, 

10 evaluation, program metrics, and program demonstrations, 

11 notwithstanding section 204 of this title, the Secretary may 

12 make grants or enter into cooperative agreements that in13 clude a substantial match contribution. 

14 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

15 URBAN DEVELOPMENT

16 SEC. 201. Fifty percent of the amounts of budget au17 thority, or in lieu thereof 50 percent of the cash amounts 

18 associated with such budget authority, that are recaptured 

19 from projects described in section 1012(a) of the Stewart 

20 B. McKinney Homeless Assistance Amendments Act of 1988 

21 (42 U.S.C. 1437 note) shall be rescinded or in the case of 

22 cash, shall be remitted to the Treasury, and such amounts 

23 of budget authority or cash recaptured and not rescinded 

24 or remitted to the Treasury shall be used by State housing 

25 finance agencies or local governments or local housing agenVerDate Mar 15 2010 02:26 Nov 02, 2011 Jkt 019200 PO 00000 Frm 00405 Fmt 6652 Sfmt 6203 E:\BILLS\H2112.PP H2112

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1 cies with projects approved by the Secretary of Housing and 

2 Urban Development for which settlement occurred after 

3 January 1, 1992, in accordance with such section. Notwith4 standing the previous sentence, the Secretary may award 

5 up to 15 percent of the budget authority or cash recaptured 

6 and not rescinded or remitted to the Treasury to provide 

7 project owners with incentives to refinance their project at 

8 a lower interest rate. 

9 SEC. 202. None of the amounts made available under 

10 this Act may be used during fiscal year 2012 to investigate 

11 or prosecute under the Fair Housing Act any otherwise law12 ful activity engaged in by one or more persons, including 

13 the filing or maintaining of a nonfrivolous legal action, 

14 that is engaged in solely for the purpose of achieving or 

15 preventing action by a Government official or entity, or a 

16 court of competent jurisdiction. 

17 SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of 

18 the AIDS Housing Opportunity Act (42 U.S.C. 

19 12903(c)(1)(A)), from any amounts made available under 

20 this title for fiscal year 2012 that are allocated under such 

21 section, the Secretary of Housing and Urban Development 

22 shall allocate and make a grant, in the amount determined 

23 under subsection (b), for any State that— 

24 (1) received an allocation in a prior fiscal year 

25 under clause (ii) of such section; and 


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1 (2) is not otherwise eligible for an allocation for 

2 fiscal year 2012 under such clause (ii) because the 

3 areas in the State outside of the metropolitan statis4 tical areas that qualify under clause (i) in fiscal year 

5 2011 do not have the number of cases of acquired im6 munodeficiency syndrome (AIDS) required under 

7 such clause. 

8 (b) The amount of the allocation and grant for any 

9 State described in subsection (a) shall be an amount based 

10 on the cumulative number of AIDS cases in the areas of 

11 that State that are outside of metropolitan statistical areas 

12 that qualify under clause (i) of such section 854(c)(1)(A) 

13 in fiscal year 2012, in proportion to AIDS cases among 

14 cities and States that qualify under clauses (i) and (ii) of 

15 such section and States deemed eligible under subsection 

16 (a). 

17 (c) Notwithstanding any other provision of law, the 

18 amount allocated for fiscal year 2012 under section 854(c) 

19 of the AIDS Housing Opportunity Act (42 U.S.C. 

20 12903(c)), to the city of New York, New York, on behalf 

21 of the New York-Wayne-White Plains, New York-New Jersey 

22 Metropolitan Division (hereafter ‘‘metropolitan division’’) 

23 of the New York-Newark-Edison, NY–NJ–PA Metropolitan 

24 Statistical Area, shall be adjusted by the Secretary of Hous25 ing and Urban Development by: 


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1 (1) allocating to the city of Jersey City, New 

2 Jersey, the proportion of the metropolitan area’s or 

3 division’s amount that is based on the number of 

4 cases of AIDS reported in the portion of the metro5 politan area or division that is located in Hudson 

6 County, New Jersey, and adjusting for the proportion 

7 of the metropolitan division’s high-incidence bonus if 

8 this area in New Jersey also has a higher than aver9 age per capita incidence of AIDS; and 

10 (2) allocating to the city of Paterson, New Jer11 sey, the proportion of the metropolitan area’s or divi12 sion’s amount that is based on the number of cases of 

13 AIDS reported in the portion of the metropolitan 

14 area or division that is located in Bergen County and 

15 Passaic County, New Jersey, and adjusting for the 

16 proportion of the metropolitan division’s high inci17 dence bonus if this area in New Jersey also has a 

18 higher than average per capita incidence of AIDS. 

19 The recipient cities shall use amounts allocated under 

20 this subsection to carry out eligible activities under 

21 section 855 of the AIDS Housing Opportunity Act 

22 (42 U.S.C. 12904) in their respective portions of the 

23 metropolitan division that is located in New Jersey. 

24 (d) Notwithstanding any other provision of law, the 

25 amount allocated for fiscal year 2012 under section 854(c) 


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1 of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) 

2 to areas with a higher than average per capita incidence 

3 of AIDS, shall be adjusted by the Secretary on the basis 

4 of area incidence reported over a 3-year period. 

5 SEC. 204. Except as explicitly provided in law, any 

6 grant, cooperative agreement or other assistance made pur7 suant to title II of this Act shall be made on a competitive 

8 basis and in accordance with section 102 of the Department 

9 of Housing and Urban Development Reform Act of 1989 

10 (42 U.S.C. 3545). 

11 SEC. 205. Funds of the Department of Housing and 

12 Urban Development subject to the Government Corporation 

13 Control Act or section 402 of the Housing Act of 1950 shall 

14 be available, without regard to the limitations on adminis15 trative expenses, for legal services on a contract or fee basis, 

16 and for utilizing and making payment for services and fa17 cilities of the Federal National Mortgage Association, Gov18 ernment National Mortgage Association, Federal Home 

19 Loan Mortgage Corporation, Federal Financing Bank, Fed20 eral Reserve banks or any member thereof, Federal Home 

21 Loan banks, and any insured bank within the meaning of 

22 the Federal Deposit Insurance Corporation Act, as amended 

23 (12 U.S.C. 1811–1). 

24 SEC. 206. Unless otherwise provided for in this Act 

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1 propriation for the Department of Housing and Urban De2 velopment shall be available for any program, project or 

3 activity in excess of amounts set forth in the budget esti4 mates submitted to Congress. 

5 SEC. 207. Corporations and agencies of the Depart6 ment of Housing and Urban Development which are subject 

7 to the Government Corporation Control Act are hereby au8 thorized to make such expenditures, within the limits of 

9 funds and borrowing authority available to each such cor10 poration or agency and in accordance with law, and to 

11 make such contracts and commitments without regard to 

12 fiscal year limitations as provided by section 104 of such 

13 Act as may be necessary in carrying out the programs set 

14 forth in the budget for 2012 for such corporation or agency 

15 except as hereinafter provided: Provided, That collections 

16 of these corporations and agencies may be used for new loan 

17 or mortgage purchase commitments only to the extent ex18 pressly provided for in this Act (unless such loans are in 

19 support of other forms of assistance provided for in this or 

20 prior appropriations Acts), except that this proviso shall 

21 not apply to the mortgage insurance or guaranty operations 

22 of these corporations, or where loans or mortgage purchases 

23 are necessary to protect the financial interest of the United 

24 States Government. 


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1 SEC. 208. The Secretary of Housing and Urban Devel2 opment shall provide quarterly reports to the House and 

3 Senate Committees on Appropriations regarding all uncom4 mitted, unobligated, recaptured and excess funds in each 

5 program and activity within the jurisdiction of the Depart6 ment and shall submit additional, updated budget informa7 tion to these Committees upon request. 

8 SEC. 209. (a) Notwithstanding any other provision of 

9 law, the amount allocated for fiscal year 2012 under section 

10 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 

11 12903(c)), to the city of Wilmington, Delaware, on behalf 

12 of the Wilmington, Delaware-Maryland-New Jersey Metro13 politan Division (hereafter ‘‘metropolitan division’’), shall 

14 be adjusted by the Secretary of Housing and Urban Devel15 opment by allocating to the State of New Jersey the propor16 tion of the metropolitan division’s amount that is based on 

17 the number of cases of AIDS reported in the portion of the 

18 metropolitan division that is located in New Jersey, and 

19 adjusting for the proportion of the metropolitan division’s 

20 high incidence bonus if this area in New Jersey also has 

21 a higher than average per capita incidence of AIDS. The 

22 State of New Jersey shall use amounts allocated to the State 

23 under this subsection to carry out eligible activities under 

24 section 855 of the AIDS Housing Opportunity Act (42 


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1 U.S.C. 12904) in the portion of the metropolitan division 

2 that is located in New Jersey. 

3 (b) Notwithstanding any other provision of law, the 

4 Secretary of Housing and Urban Development shall allocate 

5 to Wake County, North Carolina, the amounts that other6 wise would be allocated for fiscal year 2012 under section 

7 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 

8 12903(c)) to the city of Raleigh, North Carolina, on behalf 

9 of the Raleigh-Cary North Carolina Metropolitan Statis10 tical Area. Any amounts allocated to Wake County shall 

11 be used to carry out eligible activities under section 855 

12 of such Act (42 U.S.C. 12904) within such metropolitan sta13 tistical area. 

14 (c) Notwithstanding section 854(c) of the AIDS Hous15 ing Opportunity Act (42 U.S.C. 12903(c)), the Secretary 

16 of Housing and Urban Development may adjust the alloca17 tion of the amounts that otherwise would be allocated for 

18 fiscal year 2012 under section 854(c) of such Act, upon the 

19 written request of an applicant, in conjunction with the 

20 State(s), for a formula allocation on behalf of a metropoli21 tan statistical area, to designate the State or States in 

22 which the metropolitan statistical area is located as the eli23 gible grantee(s) of the allocation. In the case that a metro24 politan statistical area involves more than one State, such 

25 amounts allocated to each State shall be in proportion to 


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1 the number of cases of AIDS reported in the portion of the 

2 metropolitan statistical area located in that State. Any 

3 amounts allocated to a State under this section shall be used 

4 to carry out eligible activities within the portion of the met5 ropolitan statistical area located in that State. 

6 SEC. 210. The President’s formal budget request for fis7 cal year 2013, as well as the Department of Housing and 

8 Urban Development’s congressional budget justifications to 

9 be submitted to the Committees on Appropriations of the 

10 House of Representatives and the Senate, shall use the iden11 tical account and sub-account structure provided under this 

12 Act. 

13 SEC. 211. A public housing agency or such other entity 

14 that administers Federal housing assistance for the Housing 

15 Authority of the county of Los Angeles, California, the 

16 States of Alaska, Iowa, and Mississippi shall not be re17 quired to include a resident of public housing or a recipient 

18 of assistance provided under section 8 of the United States 

19 Housing Act of 1937 on the board of directors or a similar 

20 governing board of such agency or entity as required under 

21 section (2)(b) of such Act. Each public housing agency or 

22 other entity that administers Federal housing assistance 

23 under section 8 for the Housing Authority of the county 

24 of Los Angeles, California and the States of Alaska, Iowa 

25 and Mississippi that chooses not to include a resident of 


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1 public housing or a recipient of section 8 assistance on the 

2 board of directors or a similar governing board shall estab3 lish an advisory board of not less than six residents of pub4 lic housing or recipients of section 8 assistance to provide 

5 advice and comment to the public housing agency or other 

6 administering entity on issues related to public housing and 

7 section 8. Such advisory board shall meet not less than 

8 quarterly. 

9 SEC. 212. (a) Notwithstanding any other provision of 

10 law, subject to the conditions listed in subsection (b), for 

11 fiscal years 2012 and 2013, the Secretary of Housing and 

12 Urban Development may authorize the transfer of some or 

13 all project-based assistance, debt and statutorily required 

14 low-income and very low-income use restrictions, associated 

15 with one or more multifamily housing project to another 

16 multifamily housing project or projects. 

17 (b) PHASED TRANSFERS.—Transfers of project-based 

18 assistance under this section may be done in phases to ac19 commodate the financing and other requirements related to 

20 rehabilitating or constructing the project or projects to 

21 which the assistance is transferred, to ensure that such 

22 project or projects meet the standards under section (c). 

23 (c) The transfer authorized in subsection (a) is subject 

24 to the following conditions: 

25 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 


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1 (A) For occupied units in the transferring 

2 project: the number of low-income and very low3 income units and the configuration (i.e. bedroom 

4 size) provided by the transferring project shall be 

5 no less than when transferred to the receiving 

6 project or projects and the net dollar amount of 

7 Federal assistance provided by the transferring 

8 project shall remain the same in the receiving 

9 project or projects. 

10 (B) For unoccupied units in the transfer11 ring project: the Secretary may authorize a re12 duction in the number of dwelling units in the 

13 receiving project or projects to allow for a recon14 figuration of bedroom sizes to meet current mar15 ket demands, as determined by the Secretary and 

16 provided there is no increase in the project-based 

17 section 8 budget authority. 

18 (2) The transferring project shall, as determined 

19 by the Secretary, be either physically obsolete or eco20 nomically nonviable. 

21 (3) The receiving project or projects shall meet or 

22 exceed applicable physical standards established by 

23 the Secretary. 

24 (4) The owner or mortgagor of the transferring 

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1 siding in the transferring project and provide a cer2 tification of approval by all appropriate local govern3 mental officials. 

4 (5) The tenants of the transferring project who 

5 remain eligible for assistance to be provided by the re6 ceiving project or projects shall not be required to va7 cate their units in the transferring project or projects 

8 until new units in the receiving project are available 

9 for occupancy. 

10 (6) The Secretary determines that this transfer is 

11 in the best interest of the tenants. 

12 (7) If either the transferring project or the re13 ceiving project or projects meets the condition speci14 fied in subsection (d)(2)(A), any lien on the receiving 

15 project resulting from additional financing obtained 

16 by the owner shall be subordinate to any FHA-in17 sured mortgage lien transferred to, or placed on, such 

18 project by the Secretary, except that the Secretary 

19 may waive this requirement upon determination that 

20 such a waiver is necessary to facilitate the financing 

21 of acquisition, construction, and/or rehabilitation of 

22 the receiving project or projects. 

23 (8) If the transferring project meets the require24 ments of subsection (c)(2)(E), the owner or mortgagor 

25 of the receiving project or projects shall execute and 


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1 record either a continuation of the existing use agree2 ment or a new use agreement for the project where, 

3 in either case, any use restrictions in such agreement 

4 are of no lesser duration than the existing use restric5 tions. 

6 (d) For purposes of this section— 

7 (1) the terms ‘‘low-income’’ and ‘‘very low-in8 come’’ shall have the meanings provided by the statute 

9 and/or regulations governing the program under 

10 which the project is insured or assisted; 

11 (2) the term ‘‘multifamily housing project’’ 

12 means housing that meets one of the following condi13 tions— 

14 (A) housing that is subject to a mortgage 

15 insured under the National Housing Act; 

16 (B) housing that has project-based assist17 ance attached to the structure including projects 

18 undergoing mark to market debt restructuring 

19 under the Multifamily Assisted Housing Reform 

20 and Affordability Housing Act; 

21 (C) housing that is assisted under section 

22 202 of the Housing Act of 1959 as amended by 

23 section 801 of the Cranston-Gonzales National 

24 Affordable Housing Act; 


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1 (D) housing that is assisted under section 

2 202 of the Housing Act of 1959, as such section 

3 existed before the enactment of the Cranston4 Gonzales National Affordable Housing Act; or 

5 (E) housing or vacant land that is subject 

6 to a use agreement; 

7 (3) the term ‘‘project-based assistance’’ means— 

8 (A) assistance provided under section 8(b) 

9 of the United States Housing Act of 1937; 

10 (B) assistance for housing constructed or 

11 substantially rehabilitated pursuant to assistance 

12 provided under section 8(b)(2) of such Act (as 

13 such section existed immediately before October 

14 1, 1983); 

15 (C) rent supplement payments under sec16 tion 101 of the Housing and Urban Development 

17 Act of 1965; 

18 (D) interest reduction payments under sec19 tion 236 and/or additional assistance payments 

20 under section 236(f)(2) of the National Housing 

21 Act; 

22 (E) assistance payments made under sec23 tion 202(c)(2) of the Housing Act of 1959; and 

24 (F) assistance payments made under section 

25 811(d)(2) of the Housing Act of 1959; 


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1 (4) the term ‘‘receiving project or projects’’ 

2 means the multifamily housing project or projects to 

3 which some or all of the project-based assistance, debt, 

4 and statutorily required use low-income and very 

5 low-income restrictions are to be transferred; 

6 (5) the term ‘‘transferring project’’ means the 

7 multifamily housing project which is transferring 

8 some or all of the project-based assistance, debt and 

9 the statutorily required low-income and very low-in10 come use restrictions to the receiving project or 

11 projects; and 

12 (6) the term ‘‘Secretary’’ means the Secretary of 

13 Housing and Urban Development. 

14 SEC. 213. The funds made available for Native Alas15 kans under the heading ‘‘Native American Housing Block 

16 Grants’’ in title III of this Act shall be allocated to the same 

17 Native Alaskan housing block grant recipients that received 

18 funds in fiscal year 2005. 

19 SEC. 214. No funds provided under this title may be 

20 used for an audit of the Government National Mortgage As21 sociation that makes applicable requirements under the 

22 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

23 SEC. 215. (a) No assistance shall be provided under 

24 section 8 of the United States Housing Act of 1937 (42 

25 U.S.C. 1437f) to any individual who— 


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1 (1) is enrolled as a student at an institution of 

2 higher education (as defined under section 102 of the 

3 Higher Education Act of 1965 (20 U.S.C. 1002)); 

4 (2) is under 24 years of age; 

5 (3) is not a veteran; 

6 (4) is unmarried; 

7 (5) does not have a dependent child; 

8 (6) is not a person with disabilities, as such 

9 term is defined in section 3(b)(3)(E) of the United 

10 States Housing Act of 1937 (42 U.S.C. 

11 1437a(b)(3)(E)) and was not receiving assistance 

12 under such section 8 as of November 30, 2005; and 

13 (7) is not otherwise individually eligible, or has 

14 parents who, individually or jointly, are not eligible, 

15 to receive assistance under section 8 of the United 

16 States Housing Act of 1937 (42 U.S.C. 1437f). 

17 (b) For purposes of determining the eligibility of a per18 son to receive assistance under section 8 of the United States 

19 Housing Act of 1937 (42 U.S.C. 1437f), any financial as20 sistance (in excess of amounts received for tuition) that an 

21 individual receives under the Higher Education Act of 1965 

22 (20 U.S.C. 1001 et seq.), from private sources, or an institu23 tion of higher education (as defined under the Higher Edu24 cation Act of 1965 (20 U.S.C. 1002)), shall be considered 


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1 income to that individual, except for a person over the age 

2 of 23 with dependent children. 

3 SEC. 216. Notwithstanding the limitation in the first 

4 sentence of section 255(g) of the National Housing Act (12 

5 U.S.C. 1715z–g), the Secretary of Housing and Urban De6 velopment may, until September 30, 2012, insure and enter 

7 into commitments to insure mortgages under section 255(g) 

8 of the National Housing Act (12 U.S.C. 1715z–20). 

9 SEC. 217. Notwithstanding any other provision of law, 

10 in fiscal year 2011, in managing and disposing of any mul11 tifamily property that is owned or has a mortgage held by 

12 the Secretary of Housing and Urban Development, and dur13 ing the process of foreclosure on any property with a con14 tract for rental assistance payments under section 8 of the 

15 United States Housing Act of 1937 or other Federal pro16 grams, the Secretary shall maintain any rental assistance 

17 payments under section 8 of the United States Housing Act 

18 of 1937 and other programs that are attached to any dwell19 ing units in the property. To the extent the Secretary deter20 mines, in consultation with the tenants and the local gov21 ernment, that such a multifamily property owned or held 

22 by the Secretary is not feasible for continued rental assist23 ance payments under such section 8 or other programs, 

24 based on consideration of (1) the costs of rehabilitating and 

25 operating the property and all available Federal, State, and 


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1 local resources, including rent adjustments under section 

2 524 of the Multifamily Assisted Housing Reform and Af3 fordability Act of 1997 (‘‘MAHRAA’’) and (2) environ4 mental conditions that cannot be remedied in a cost-effec5 tive fashion, the Secretary may, in consultation with the 

6 tenants of that property, contract for project-based rental 

7 assistance payments with an owner or owners of other exist8 ing housing properties, or provide other rental assistance. 

9 The Secretary shall also take appropriate steps to ensure 

10 that project-based contracts remain in effect prior to fore11 closure, subject to the exercise of contractual abatement rem12 edies to assist relocation of tenants for imminent major 

13 threats to health and safety after written notice to and in14 formed consent of the affected tenants and use of other avail15 able remedies, such as partial abatements or receivership. 

16 After disposition of any multifamily property described 

17 under this section, the contract and allowable rent levels 

18 on such properties shall be subject to the requirements under 

19 section 524 of MAHRAA. 

20 SEC. 218. During fiscal year 2012, in the provision 

21 of rental assistance under section 8(o) of the United States 

22 Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection 

23 with a program to demonstrate the economy and effective24 ness of providing such assistance for use in assisted living 

25 facilities that is carried out in the counties of the State of 


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1 Michigan notwithstanding paragraphs (3) and (18)(B)(iii) 

2 of such section 8(o), a family residing in an assisted living 

3 facility in any such county, on behalf of which a public 

4 housing agency provides assistance pursuant to section 

5 8(o)(18) of such Act, may be required, at the time the family 

6 initially receives such assistance, to pay rent in an amount 

7 exceeding 40 percent of the monthly adjusted income of the 

8 family by such a percentage or amount as the Secretary 

9 of Housing and Urban Development determines to be ap10 propriate. 

11 SEC. 219. The Secretary of Housing and Urban Devel12 opment shall report quarterly to the House of Representa13 tives and Senate Committees on Appropriations on HUD’s 

14 use of all sole-source contracts, including terms of the con15 tracts, cost, and a substantive rationale for using a sole16 source contract. 

17 SEC. 220. Notwithstanding any other provision of law, 

18 the recipient of a grant under section 202b of the Housing 

19 Act of 1959 (12 U.S.C. 1701q) after December 26, 2000, 

20 in accordance with the unnumbered paragraph at the end 

21 of section 202(b) of such Act, may, at its option, establish 

22 a single-asset nonprofit entity to own the project and may 

23 lend the grant funds to such entity, which may be a private 

24 nonprofit organization described in section 831 of the 


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1 American Homeownership and Economic Opportunity Act 

2 of 2000. 

3 SEC. 221. (a) The amounts provided under the sub4 heading ‘‘Program Account’’ under the heading ‘‘Commu5 nity Development Loan Guarantees’’ may be used to guar6 antee, or make commitments to guarantee, notes, or other 

7 obligations issued by any State on behalf of nonentitlement 

8 communities in the State in accordance with the require9 ments of section 108 of the Housing and Community Devel10 opment Act of 1974 in fiscal year 2012 and subsequent 

11 years: Provided, That, any State receiving such a guarantee 

12 or commitment shall distribute all funds subject to such 

13 guarantee to the units of general local government in non14 entitlement areas that received the commitment. 

15 (b) Not later than 60 days after the date of enactment 

16 of this Act, the Secretary of Housing and Urban Develop17 ment shall promulgate regulations governing the adminis18 tration of the funds described under subsection (a). 

19 SEC. 222. Section 24 of the United States Housing Act 

20 of 1937 (42 U.S.C. 1437v) is amended— 

21 (1) in subsection (m)(1), by striking ‘‘fiscal 

22 year’’ and all that follows through the period at the 

23 end and inserting ‘‘fiscal year 2012.’’; and 


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1 (2) in subsection (o), by striking ‘‘September’’ 

2 and all that follows through the period at the end and 

3 inserting ‘‘September 30, 2012.’’. 

4 SEC. 223. Public housing agencies that own and oper5 ate 400 or fewer public housing units may elect to be exempt 

6 from any asset management requirement imposed by the 

7 Secretary of Housing and Urban Development in connec8 tion with the operating fund rule: Provided, That an agency 

9 seeking a discontinuance of a reduction of subsidy under 

10 the operating fund formula shall not be exempt from asset 

11 management requirements. 

12 SEC. 224. With respect to the use of amounts provided 

13 in this Act and in future Acts for the operation, capital 

14 improvement and management of public housing as author15 ized by sections 9(d) and 9(e) of the United States Housing 

16 Act of 1937 (42 U.S.C. 1437g(d) and (e)), the Secretary 

17 shall not impose any requirement or guideline relating to 

18 asset management that restricts or limits in any way the 

19 use of capital funds for central office costs pursuant to sec20 tion 9(g)(1) or 9(g)(2) of the United States Housing Act 

21 of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a pub22 lic housing agency may not use capital funds authorized 

23 under section 9(d) for activities that are eligible under sec24 tion 9(e) for assistance with amounts from the operating 


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1 fund in excess of the amounts permitted under section 

2 9(g)(1) or 9(g)(2). 

3 SEC. 225. No official or employee of the Department 

4 of Housing and Urban Development shall be designated as 

5 an allotment holder unless the Office of the Chief Financial 

6 Officer has determined that such allotment holder has im7 plemented an adequate system of funds control and has re8 ceived training in funds control procedures and directives. 

9 The Chief Financial Officer shall ensure that, not later than 

10 90 days after the date of enactment of this Act, a trained 

11 allotment holder shall be designated for each HUD sub12 account under the heading ‘‘Administration, Operations, 

13 and Management’’ as well as each account receiving appro14 priations for ‘‘Program Office Salaries and Expenses’’ 

15 within the Department of Housing and Urban Develop16 ment. 

17 SEC. 226. The Secretary of Housing and Urban Devel18 opment shall report quarterly to the House and Senate 

19 Committees on Appropriations on the status of all section 

20 8 project-based housing, including the number of all project21 based units by region as well as an analysis of all federally 

22 subsidized housing being refinanced under the Mark-to23 Market program. The Secretary shall in the report identify 

24 all existing units maintained by region as section 8 project25 based units and all project-based units that have opted out 


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1 of section 8 or have otherwise been eliminated as section 

2 8 project-based units. The Secretary shall identify in detail 

3 and by project all the efforts made by the Department to 

4 preserve all section 8 project-based housing units and all 

5 the reasons for any units which opted out or otherwise were 

6 lost as section 8 project-based units. Such analysis shall in7 clude a review of the impact of the loss of any subsidized 

8 units in that housing marketplace, such as the impact of 

9 cost and the loss of available subsidized, low-income housing 

10 in areas with scarce housing resources for low-income fami11 lies. 

12 SEC. 227. Payment of attorney fees in program-related 

13 litigation must be paid from individual program office per14 sonnel benefits and compensation funding. The annual 

15 budget submission for program office personnel benefit and 

16 compensation funding must include program-related litiga17 tion costs for attorney fees as a separate line item request. 

18 SEC. 228. The Secretary of the Department of Housing 

19 and Urban Development shall for fiscal year 2012 and sub20 sequent fiscal years, notify the public through the Federal 

21 Register and other means, as determined appropriate, of 

22 the issuance of a notice of the availability of assistance or 

23 notice of funding availability (NOFA) for any program or 

24 discretionary fund administered by the Secretary that is 

25 to be competitively awarded. Notwithstanding any other 


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1 provision of law, for fiscal year 2012 and subsequent fiscal 

2 years, the Secretary may make the NOFA available only 

3 on the Internet at the appropriate Government Web site or 

4 through other electronic media, as determined by the Sec5 retary. 

6 SEC. 229. No property identified by the Secretary of 

7 Housing and Urban Development as surplus Federal prop8 erty for use to assist the homeless shall be made available 

9 to any homeless group unless the group is a member in good 

10 standing under any of HUD’s homeless assistance programs 

11 or is in good standing with any other program which re12 ceives funds from any other Federal or State agency or enti13 ty: Provided, That an exception may be made for an entity 

14 not involved with Federal homeless programs to use surplus 

15 Federal property for the homeless only after the Secretary 

16 or another responsible Federal agency has fully and com17 prehensively reviewed all relevant finances of the entity, the 

18 track record of the entity in assisting the homeless, the abil19 ity of the entity to manage the property, including all costs, 

20 the ability of the entity to administer homeless programs 

21 in a manner that is effective to meet the needs of the home22 less population that is expected to use the property and any 

23 other related issues that demonstrate a commitment to as24 sist the homeless: Provided further, That the Secretary shall 

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1 onstrate financial ability but may rely on the entity’s prior 

2 demonstrated fund-raising ability or commitments for in3 kind donations of goods and services: Provided further, That 

4 the Secretary shall make all such information and its deci5 sion regarding the award of the surplus property available 

6 to the committees of jurisdiction, including a full justifica7 tion of the appropriateness of the use of the property to as8 sist the homeless as well as the appropriateness of the group 

9 seeking to obtain the property to use such property to assist 

10 the homeless: Provided further, That, this section shall 

11 apply to properties in fiscal years 2011 and 2012 made 

12 available as surplus Federal property for use to assist the 

13 homeless. 

14 SEC. 230. The Secretary of the Department of Housing 

15 and Urban Development is authorized to transfer up to 5 

16 percent or $5,000,000, whichever is less, of the funds made 

17 available for salaries and expenses under any account or 

18 any set-aside within any account under this title under the 

19 general heading ‘‘Program Office Salaries and Expenses’’, 

20 and under the account heading ‘‘Administration, Oper21 ations and Management’’, to any other such account or any 

22 other such set-aside within any such account: Provided, 

23 That no appropriation for salaries and expenses in any 

24 such account or set-aside shall be increased or decreased by 

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1 out prior written approval of the House and Senate Com2 mittees on Appropriations. 

3 SEC. 231. The Disaster Housing Assistance Programs, 

4 administered by the Department of Housing and Urban De5 velopment, shall be considered a ‘‘program of the Depart6 ment of Housing and Urban Development’’ under section 

7 904 of the McKinney Act for the purpose of income 

8 verifications and matching. 

9 SEC. 232. Of the amounts made available for salaries 

10 and expenses under all accounts under this title (except for 

11 the Office of Inspector General account), a total of up to 

12 $10,000,000 may be transferred to and merged with 

13 amounts made available in the ‘‘Working Capital Fund’’ 

14 account under this title. 

15 SEC. 233. Title II of division I of Public Law 108– 

16 447 and title III of Public Law 109–115 are each amended 

17 by striking the item related to ‘‘Flexible Subsidy Fund’’. 

18 SEC. 234. The Secretary of Housing and Urban Devel19 opment may increase, pursuant to this section, the number 

20 of Moving-to-Work agencies authorized under section 204, 

21 title II, of the Departments of Veterans Affairs and Housing 

22 and Urban Development and Independent Agencies Appro23 priations Act, 1996 (Public Law 104–134; 110 Stat. 1321) 

24 by adding to the program up to three Public Housing Agen25 cies that are High Performing Agencies under the Public 


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1 Housing Assessment System (PHAS) or the Section Eight 

2 Management Assessment Program (SEMAP). No PHA shall 

3 be granted this designation through this section that admin4 isters in excess of 20,000 aggregate housing vouchers and 

5 public housing units. No PHA granted this designation 

6 through this section shall receive more funding under sec7 tions 8 or 9 of the United States Housing Act of 1937 than 

8 they otherwise would have received absent this designation. 

9 In addition to other reporting requirements, all Moving-to10 Work agencies shall report financial data to the Depart11 ment of Housing and Urban Development as specified by 

12 the Secretary, so that the effect of Moving-to-Work policy 

13 changes can be measured. 

14 SEC. 235. Of the unobligated balances remaining from 

15 funds appropriated under the heading ‘‘Tenant-Based 

16 Rental Assistance’’ under the ‘‘Full-Year Continuing Ap17 propriations Act, 2011’’, $750,000,000 are rescinded from 

18 the $4,000,000,000 which are available on October 1, 2011: 

19 Provided, That such amounts may be derived from reduc20 tions to public housing agencies’ calendar year 2012 alloca21 tions based on the excess amounts of public housing agen22 cies’ net restricted assets accounts, including the net re23 stricted assets of MTW agencies (in accordance with VMS 

24 data in calendar year 2011 that is verifiable and complete), 

25 as determined by the Secretary: Provided further, That in 


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1 making such adjustments, the Secretary shall preserve pub2 lic housing authority reserves at no less than one month, 

3 to the extent practicable. 

4 SEC. 236. The United States Housing Act of 1937 (42 

5 U.S.C. 1437) is amended— 

6 (1) in section 3(a)(1) by inserting before the pe7 riod at the end of the second sentence the following: 

8 ‘‘, except in the case of any family with a fixed in9 come, as defined by the Secretary, after the initial re10 view of the family’s income, the public housing agen11 cy or owner shall not be required to conduct a review 

12 of the family’s income for any year for which such 

13 family certifies, in accordance with such requirements 

14 as the Secretary shall establish, that 90 percent or 

15 more of the income of the family consists of fixed in16 come, and that the sources of such income have not 

17 changed since the previous year, except that the public 

18 housing agency or owner shall conduct a review of 

19 each such family’s income not less than once every 3 

20 years’’; 

21 (2) in section 3(b)(2) by inserting after the sec22 ond sentence the following new sentence: ‘‘The term 

23 ‘extremely low-income families’ means very low-in24 come families whose incomes do not exceed the higher 

25 of (A) the poverty guidelines updated periodically by 


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1 the Department of Health and Human Services under 

2 the authority of section 673(2) of the Community 

3 Services Block Grant Act (42 U.S.C. 9902(2)), appli4 cable to a family of the size involved; or (B) 30 per5 cent of the median family income for the area, as de6 termined by the Secretary, with adjustments for 

7 smaller and larger families, except that the Secretary 

8 may establish income ceilings higher or lower than 30 

9 percent of the median for the area on the basis of the 

10 Secretary’s findings that such variations are nec11 essary because of unusually high or low family in12 comes, and except that clause (A) of this sentence 

13 shall not apply in the case of public housing agencies 

14 located in Puerto Rico or any other territory or pos15 session of the United States.’’; 

16 (3) in paragraph (2) of section 3(b) by adding 

17 at the end the following new sentence: ‘‘The Secretary 

18 shall periodically, but not less than annually, deter19 mine or establish area median incomes and income 

20 ceilings and limits in accordance with this para21 graph’’; 

22 (4) in section 3(b)(5)(A)— 

23 (A) in clause (i) by striking ‘‘$400’’ and in24 serting in lieu thereof ‘‘$675’’; and 


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1 (B) in clause (ii), in the matter preceding 

2 subclause (I), by striking ‘‘3 percent’’ and insert3 ing in lieu thereof ‘‘10 percent’’; 

4 (5) in paragraph (1) of section 8(c)— 

5 (A) by inserting ‘‘(A)’’ after the paragraph 

6 designation; 

7 (B) by striking the fourth, fifth, seventh, 

8 eighth, ninth, and tenth sentences; and 

9 (C) by adding at the end the following: 

10 ‘‘(B) Fair market rentals for an area shall 

11 be published not less than annually by the Sec12 retary on the Department’s Web site and in any 

13 other manner specified by the Secretary. The 

14 Secretary shall publish notice of the publication 

15 of such fair market rentals in the Federal Reg16 ister, and such fair market rentals shall become 

17 effective no earlier than 30 days after the date of 

18 such publication. The Secretary shall establish a 

19 procedure for public housing agencies and other 

20 interested parties to comment on such fair mar21 ket rentals and to request, within a time speci22 fied by the Secretary, reevaluation of the fair 

23 market rental in a jurisdiction. The Secretary 

24 shall publish for comment in the Federal Reg25 ister notices of proposed material changes in the 


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1 methodology for estimating fair market rentals 

2 and notices specifying the final decisions regard3 ing such proposed substantial methodological 

4 changes and responses to public comments.’’; 

5 (6) in subparagraph (B) of section 8(o)(1) by in6 serting before the period at the end the following: ‘‘, 

7 except that no public housing agency shall be required 

8 as a result of a reduction in the fair market rental 

9 to reduce the payment standard applied to a family 

10 continuing to reside in a unit for which the family 

11 was receiving assistance under this section at the time 

12 the fair market rental was reduced. The Secretary 

13 shall allow public housing agencies to request excep14 tion payment standards within fair market rental 

15 areas subject to criteria and procedures established by 

16 the Secretary’’; 

17 (7) in subparagraph (D) of section 8(o)(1) by in18 serting before the period at the end the following: ‘‘ex19 cept that a public housing agency may establish a 

20 payment standard of not more than 120 percent of 

21 the fair market rent, where necessary, as a reasonable 

22 accommodation for a person with a disability, with23 out approval of the Secretary. A public housing agen24 cy may seek approval of the Secretary to use a pay25 ment standard greater than 120 percent of the fair 


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1 market rent as a reasonable accommodation for a dis2 abled family or other family with a person with a 

3 disability. In connection with the use of any in4 creased payment standard established or approved 

5 pursuant to either of the preceding two sentences as 

6 a reasonable accommodation for a person with a dis7 ability, the Secretary may not establish additional re8 quirements regarding the amount of adjusted income 

9 paid by such person for rent’’; 

10 (8) in section 16(a)(2)(A) by striking ‘‘families 

11 whose incomes’’ and all that follows through ‘‘low 

12 family incomes’’ and inserting in lieu thereof ‘‘ex13 tremely low-income families’’; 

14 (9) in section 16(b)(1) by striking ‘‘families 

15 whose incomes’’ and all that follows through ‘‘low 

16 family incomes’’ and inserting in lieu thereof ‘‘ex17 tremely low-income families’’; and 

18 (10) in section 16(c)(3) by striking ‘‘families 

19 whose incomes’’ and all that follows through ‘‘low 

20 family incomes’’ and inserting in lieu thereof ‘‘ex21 tremely low-income families’’. 

22 SEC. 237. Section 579 of the Multifamily Assisted 

23 Housing Reform and Affordability Act of 1997 (42 U.S.C. 

24 1437f) is amended by striking ‘‘October 1, 2011’’ each place 

25 it appears and inserting in lieu thereof ‘‘October 1, 2015’’. 


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1 HOUSING LOAN LIMIT EXTENSIONS

2 SEC. 238. (a) FEDERAL HOUSING ADMINISTRATION.— 

3 Notwithstanding any other provision of law, for mortgages 

4 for which a Federal Housing Administration case number 

5 has been assigned during the period beginning on the date 

6 of enactment of this Act and ending on December 31, 2013, 

7 the dollar amount limitation on the principal obligation 

8 for purposes of section 203 of the National Housing Act (12 

9 U.S.C. 1709) shall be considered to be, except for purposes 

10 of section 255(g) of such Act (12 U.S.C. 1715z–20(g)), the 

11 greater of— 

12 (1) the dollar amount limitation on the prin13 cipal obligation of a mortgage determined under sec14 tion 203(b)(2) of the National Housing Act (12 

15 U.S.C. 1709(b)(2)); or 

16 (2) the dollar amount limitation that was pre17 scribed for such size residence for such area for 2008 

18 pursuant to section 202 of the Economic Stimulus Act 

19 of 2008 (Public Law 110–185; 122 Stat. 620). 

20 (b) FANNIE MAE AND FREDDIE MAC LOAN LIMIT EX21 TENSION.— 

22 (1) IN GENERAL.—Notwithstanding any other 

23 provision of law, for mortgage loans originated dur24 ing the period beginning on the date of enactment of 

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1 tation on the maximum original principal obligation 

2 of a mortgage that may be purchased by the Federal 

3 National Mortgage Association or the Federal Home 

4 Loan Mortgage Corporation shall be the greater of— 

5 (A) the limitation in effect at the time of 

6 the purchase of the mortgage loan, as determined 

7 pursuant to section 302(b)(2) of the Federal Na8 tional Mortgage Association Charter Act (12 

9 U.S.C. 1717(b)(2)) or section 305(a)(2) of the 

10 Federal Home Loan Mortgage Corporation Act 

11 (12 U.S.C. 1454(a)(2)), respectively; or 

12 (B) the limitation that was prescribed for 

13 loans originated during the period beginning on 

14 July 1, 2007 and ending on December 31, 2008, 

15 pursuant to section 201 of the Economic Stim16 ulus Act of 2008 (Public Law 110–185, 122 Stat. 

17 619). 

18 (2) PREMIUM LOAN FEE.— 

19 (A) IN GENERAL.—Notwithstanding any 

20 other provision of law, the Federal Housing Fi21 nance Agency shall, by rule or order, impose a 

22 premium loan fee to be charged by the Federal 

23 National Mortgage Association and the Federal 

24 Home Loan Mortgage Corporation with respect 

25 to mortgage loans made eligible for purchase by 


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1 the Federal National Mortgage Association and 

2 the Federal Home Loan Mortgage Corporation 

3 by a higher limitation provided under para4 graph (1)(B), annually during the life of the 

5 loan, of 15 basis points of the unpaid principal 

6 balance of the mortgage, to achieve an estimated 

7 $300,000,000 from the revenue raised from such 

8 fees. 

9 (B) PREMIUM LOAN FEE STRUCTURE.—The 

10 premium loan fee is independent of any guar11 antee fees, upfront or ongoing, charged to the 

12 borrower, and the premium loan fee shall not be 

13 affected by changes in guarantee fees. 

14 (3) USE OF FEES.— 

15 (A) IN GENERAL.—The fees imposed under 

16 paragraph (2) by the Federal Housing Finance 

17 Agency shall be deposited in the fund established 

18 under subparagraph (C), and shall be used to 

19 pay for costs associated with maintaining loan 

20 limits established under this section. 

21 (B) SUBJECT TO APPROPRIATIONS.— 

22 Amounts in the fund established under subpara23 graph (C) shall be available only to the extent 

24 provided in a subsequent appropriations Act. 


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1 (C) FUND.—There is established in the 

2 United States Treasury a fund, for the deposit of 

3 fees imposed under paragraph (2), to be used to 

4 pay for costs associated with maintaining loan 

5 limits established under this section. 

6 (4) FHFA REPORT ON FEES.—The Federal 

7 Housing Finance Agency shall include in each an8 nual report required by section 1601 of the Housing 

9 and Economic Recovery Act of 2008 related to the pe10 riod described in paragraph (2)(B) a section that 

11 provides the basis for and an analysis of the premium 

12 loan fee charged in each year covered by the report. 

13 (c) DEPARTMENT OF VETERANS AFFAIRS LOAN LIMIT

14 EXTENSION.—Section 501 of the Veterans’ Benefits Im15 provement Act of 2008 (Public Law 110–389; 122 Stat. 

16 4175; 38 U.S.C. 3703 note) is amended, in the matter before 

17 paragraph (1), by striking ‘‘December 31, 2011’’ and insert18 ing ‘‘December 31, 2013’’. 

19

20 TITLE III 

21 RELATED AGENCIES 

22 ACCESS BOARD

23 SALARIES AND EXPENSES

24 For expenses necessary for the Access Board, as author25 ized by section 502 of the Rehabilitation Act of 1973, as 


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1 amended, $7,400,000: Provided, That, notwithstanding any 

2 other provision of law, there may be credited to this appro3 priation funds received for publications and training ex4 penses. 

5 FEDERAL MARITIME COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Federal Maritime Com8 mission as authorized by section 201(d) of the Merchant 

9 Marine Act, 1936, as amended (46 U.S.C. App. 1111), in10 cluding services as authorized by 5 U.S.C. 3109; hire of pas11 senger motor vehicles as authorized by 31 U.S.C. 1343(b); 

12 and uniforms or allowances therefore, as authorized by 5 

13 U.S.C. 5901–5902, $24,100,000. 

14 NATIONAL RAILROAD PASSENGER CORPORATION OFFICE

15 OF INSPECTOR GENERAL

16 OFFICE OF INSPECTOR GENERAL

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of Inspector Gen19 eral for the National Railroad Passenger Corporation to 

20 carry out the provisions of the Inspector General Act of 

21 1978, as amended, $19,311,000: Provided, That the Inspec22 tor General shall have all necessary authority, in carrying 

23 out the duties specified in the Inspector General Act, as 

24 amended (5 U.S.C. App. 3), to investigate allegations of 

25 fraud, including false statements to the government (18 


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1 U.S.C. 1001), by any person or entity that is subject to 

2 regulation by the National Railroad Passenger Corpora3 tion: Provided further, That the Inspector General may 

4 enter into contracts and other arrangements for audits, 

5 studies, analyses, and other services with public agencies 

6 and with private persons, subject to the applicable laws and 

7 regulations that govern the obtaining of such services within 

8 the National Railroad Passenger Corporation: Provided 

9 further, That the Inspector General may select, appoint, 

10 and employ such officers and employees as may be nec11 essary for carrying out the functions, powers, and duties 

12 of the Office of Inspector General, subject to the applicable 

13 laws and regulations that govern such selections, appoint14 ments, and employment within Amtrak: Provided further, 

15 That concurrent with the President’s budget request for fis16 cal year 2013, the Inspector General shall submit to the 

17 House and Senate Committees on Appropriations a budget 

18 request for fiscal year 2013 in similar format and substance 

19 to those submitted by executive agencies of the Federal Gov20 ernment. 

21 NATIONAL TRANSPORTATION SAFETY BOARD

22 SALARIES AND EXPENSES

23 For necessary expenses of the National Transportation 

24 Safety Board, including hire of passenger motor vehicles 

25 and aircraft; services as authorized by 5 U.S.C. 3109, but 


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1 at rates for individuals not to exceed the per diem rate 

2 equivalent to the rate for a GS–15; uniforms, or allowances 

3 therefor, as authorized by law (5 U.S.C. 5901–5902), 

4 $99,275,000, of which not to exceed $2,000 may be used for 

5 official reception and representation expenses. The amounts 

6 made available to the National Transportation Safety 

7 Board in this Act include amounts necessary to make lease 

8 payments on an obligation incurred in fiscal year 2001 for 

9 a capital lease. 

10 NEIGHBORHOOD REINVESTMENT CORPORATION

11 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

12 CORPORATION

13 For payment to the Neighborhood Reinvestment Cor14 poration for use in neighborhood reinvestment activities, as 

15 authorized by the Neighborhood Reinvestment Corporation 

16 Act (42 U.S.C. 8101–8107), $135,000,000, of which 

17 $5,000,000 shall be for a multi-family rental housing pro18 gram: Provided, That in addition, $65,000,000 shall be 

19 made available until expended to the Neighborhood Rein20 vestment Corporation for mortgage foreclosure mitigation 

21 activities, under the following terms and conditions: 

22 (1) The Neighborhood Reinvestment Corporation 

23 (‘‘NRC’’) shall make grants to counseling inter24 mediaries approved by the Department of Housing 

25 and Urban Development (HUD) (with match to be 


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1 determined by the NRC based on affordability and the 

2 economic conditions of an area; a match also may be 

3 waived by the NRC based on the aforementioned con4 ditions) to provide mortgage foreclosure mitigation 

5 assistance primarily to States and areas with high 

6 rates of defaults and foreclosures to help eliminate the 

7 default and foreclosure of mortgages of owner-occupied 

8 single-family homes that are at risk of such fore9 closure. Other than areas with high rates of defaults 

10 and foreclosures, grants may also be provided to ap11 proved counseling intermediaries based on a geo12 graphic analysis of the Nation by the NRC which de13 termines where there is a prevalence of mortgages that 

14 are risky and likely to fail, including any trends for 

15 mortgages that are likely to default and face fore16 closure. A State Housing Finance Agency may also be 

17 eligible where the State Housing Finance Agency 

18 meets all the requirements under this paragraph. A 

19 HUD-approved counseling intermediary shall meet 

20 certain mortgage foreclosure mitigation assistance 

21 counseling requirements, as determined by the NRC, 

22 and shall be approved by HUD or the NRC as meet23 ing these requirements. 

24 (2) Mortgage foreclosure mitigation assistance 

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1 occupied homes with mortgages in default or in dan2 ger of default. These mortgages shall likely be subject 

3 to a foreclosure action and homeowners will be pro4 vided such assistance that shall consist of activities 

5 that are likely to prevent foreclosures and result in 

6 the long-term affordability of the mortgage retained 

7 pursuant to such activity or another positive outcome 

8 for the homeowner. No funds made available under 

9 this paragraph may be provided directly to lenders or 

10 homeowners to discharge outstanding mortgage bal11 ances or for any other direct debt reduction payments. 

12 (3) The use of Mortgage Foreclosure Mitigation 

13 Assistance by approved counseling intermediaries and 

14 State Housing Finance Agencies shall involve a rea15 sonable analysis of the borrower’s financial situation, 

16 an evaluation of the current value of the property 

17 that is subject to the mortgage, counseling regarding 

18 the assumption of the mortgage by another non-Fed19 eral party, counseling regarding the possible purchase 

20 of the mortgage by a non-Federal third party, coun21 seling and advice of all likely restructuring and refi22 nancing strategies or the approval of a work-out 

23 strategy by all interested parties. 

24 (4) NRC may provide up to 15 percent of the 

25 total funds under this paragraph to its own charter 


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1 members with expertise in foreclosure prevention 

2 counseling, subject to a certification by the NRC that 

3 the procedures for selection do not consist of any pro4 cedures or activities that could be construed as an un5 acceptable conflict of interest or have the appearance 

6 of impropriety. 

7 (5) HUD-approved counseling entities and State 

8 Housing Finance Agencies receiving funds under this 

9 paragraph shall have demonstrated experience in suc10 cessfully working with financial institutions as well 

11 as borrowers facing default, delinquency and fore12 closure as well as documented counseling capacity, 

13 outreach capacity, past successful performance and 

14 positive outcomes with documented counseling plans 

15 (including post mortgage foreclosure mitigation coun16 seling), loan workout agreements and loan modifica17 tion agreements. NRC may use other criteria to dem18 onstrate capacity in underserved areas. 

19 (6) Of the total amount made available under 

20 this paragraph, up to $3,000,000 may be made avail21 able to build the mortgage foreclosure and default 

22 mitigation counseling capacity of counseling inter23 mediaries through NRC training courses with HUD24 approved counseling intermediaries and their part25 ners, except that private financial institutions that 


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1 participate in NRC training shall pay market rates 

2 for such training. 

3 (7) Of the total amount made available under 

4 this paragraph, up to 4 percent may be used for asso5 ciated administrative expenses for the NRC to carry 

6 out activities provided under this section. 

7 (8) Mortgage foreclosure mitigation assistance 

8 grants may include a budget for outreach and adver9 tising, and training, as determined by the NRC. 

10 (9) The NRC shall continue to report bi-annu11 ally to the House and Senate Committees on Appro12 priations as well as the Senate Banking Committee 

13 and House Financial Services Committee on its ef14 forts to mitigate mortgage default. 

15 UNITED STATES INTERAGENCY COUNCIL ON

16 HOMELESSNESS

17 OPERATING EXPENSES

18 For necessary expenses (including payment of salaries, 

19 authorized travel, hire of passenger motor vehicles, the rent20 al of conference rooms, and the employment of experts and 

21 consultants under section 3109 of title 5, United States 

22 Code) of the United States Interagency Council on Home23 lessness in carrying out the functions pursuant to title II 

24 of the McKinney-Vento Homeless Assistance Act, as amend25 ed, $3,640,000. 


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1 TITLE IV 

2 GENERAL PROVISIONS—THIS ACT 

3 SEC. 401. Such sums as may be necessary for fiscal 

4 year 2012 pay raises for programs funded in this Act shall 

5 be absorbed within the levels appropriated in this Act or 

6 previous appropriations Acts. 

7 SEC. 402. None of the funds in this Act shall be used 

8 for the planning or execution of any program to pay the 

9 expenses of, or otherwise compensate, non-Federal parties 

10 intervening in regulatory or adjudicatory proceedings fund11 ed in this Act. 

12 SEC. 403. None of the funds appropriated in this Act 

13 shall remain available for obligation beyond the current fis14 cal year, nor may any be transferred to other appropria15 tions, unless expressly so provided herein. 

16 SEC. 404. The expenditure of any appropriation under 

17 this Act for any consulting service through procurement 

18 contract pursuant to section 3109 of title 5, United States 

19 Code, shall be limited to those contracts where such expendi20 tures are a matter of public record and available for public 

21 inspection, except where otherwise provided under existing 

22 law, or under existing Executive order issued pursuant to 

23 existing law. 

24 SEC. 405. Except as otherwise provided in this Act, 

25 none of the funds provided in this Act, provided by previous 


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1 appropriations Acts to the agencies or entities funded in 

2 this Act that remain available for obligation or expenditure 

3 in fiscal year 2012, or provided from any accounts in the 

4 Treasury derived by the collection of fees and available to 

5 the agencies funded by this Act, shall be available for obliga6 tion or expenditure through a reprogramming of funds that: 

7 (1) creates a new program; 

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

9 (3) increases funds or personnel for any pro10 gram, project, or activity for which funds have been 

11 denied or restricted by the Congress; 

12 (4) proposes to use funds directed for a specific 

13 activity by either the House or Senate Committees on 

14 Appropriations for a different purpose; 

15 (5) augments existing programs, projects, or ac16 tivities in excess of $5,000,000 or 10 percent, which17 ever is less; 

18 (6) reduces existing programs, projects, or activi19 ties by $5,000,000 or 10 percent, whichever is less; or 

20 (7) creates, reorganizes, or restructures a branch, 

21 division, office, bureau, board, commission, agency, 

22 administration, or department different from the 

23 budget justifications submitted to the Committees on 

24 Appropriations or the table accompanying the explan25 atory statement accompanying this Act, whichever is 


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1 more detailed, unless prior approval is received from 

2 the House and Senate Committees on Appropriations: 

3 Provided, That not later than 60 days after the date 

4 of enactment of this Act, each agency funded by this 

5 Act shall submit a report to the Committees on Ap6 propriations of the Senate and of the House of Rep7 resentatives to establish the baseline for application of 

8 reprogramming and transfer authorities for the cur9 rent fiscal year: Provided further, That the report 

10 shall include: 

11 (A) a table for each appropriation with a 

12 separate column to display the President’s budg13 et request, adjustments made by Congress, ad14 justments due to enacted rescissions, if appro15 priate, and the fiscal year enacted level; 

16 (B) a delineation in the table for each ap17 propriation both by object class and program, 

18 project, and activity as detailed in the budget 

19 appendix for the respective appropriation; and 

20 (C) an identification of items of special con21 gressional interest: Provided further, That the 

22 amount appropriated or limited for salaries and 

23 expenses for an agency shall be reduced by 

24 $100,000 per day for each day after the required 


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1 date that the report has not been submitted to the 

2 Congress. 

3 SEC. 406. Except as otherwise specifically provided by 

4 law, not to exceed 50 percent of unobligated balances re5 maining available at the end of fiscal year 2012 from ap6 propriations made available for salaries and expenses for 

7 fiscal year 2012 in this Act, shall remain available through 

8 September 30, 2013, for each such account for the purposes 

9 authorized: Provided, That a request shall be submitted to 

10 the House and Senate Committees on Appropriations for 

11 approval prior to the expenditure of such funds: Provided 

12 further, That these requests shall be made in compliance 

13 with reprogramming guidelines under section 405 of this 

14 Act. 

15 SEC. 407. All Federal agencies and departments that 

16 are funded under this Act shall issue a report to the House 

17 and Senate Committees on Appropriations on all sole18 source contracts by no later than July 30, 2012. Such report 

19 shall include the contractor, the amount of the contract and 

20 the rationale for using a sole-source contract. 

21 SEC. 408. (a) None of the funds made available in this 

22 Act may be obligated or expended for any employee training 

23 that— 


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1 (1) does not meet identified needs for knowledge, 

2 skills, and abilities bearing directly upon the perform3 ance of official duties; 

4 (2) contains elements likely to induce high levels 

5 of emotional response or psychological stress in some 

6 participants; 

7 (3) does not require prior employee notification 

8 of the content and methods to be used in the training 

9 and written end of course evaluation; 

10 (4) contains any methods or content associated 

11 with religious or quasi-religious belief systems or 

12 ‘‘new age’’ belief systems as defined in Equal Employ13 ment Opportunity Commission Notice N–915.022, 

14 dated September 2, 1988; or 

15 (5) is offensive to, or designed to change, partici16 pants’ personal values or lifestyle outside the work17 place. 

18 (b) Nothing in this section shall prohibit, restrict, or 

19 otherwise preclude an agency from conducting training 

20 bearing directly upon the performance of official duties. 

21 SEC. 409. No funds in this Act may be used to support 

22 any Federal, State, or local projects that seek to use the 

23 power of eminent domain, unless eminent domain is em24 ployed only for a public use: Provided, That for purposes 

25 of this section, public use shall not be construed to include 


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1 economic development that primarily benefits private enti2 ties: Provided further, That any use of funds for mass tran3 sit, railroad, airport, seaport or highway projects as well 

4 as utility projects which benefit or serve the general public 

5 (including energy-related, communication-related, water-re6 lated and wastewater-related infrastructure), other struc7 tures designated for use by the general public or which have 

8 other common-carrier or public-utility functions that serve 

9 the general public and are subject to regulation and over10 sight by the government, and projects for the removal of an 

11 immediate threat to public health and safety or brownsfield 

12 as defined in the Small Business Liability Relief and 

13 Brownsfield Revitalization Act (Public Law 107–118) shall 

14 be considered a public use for purposes of eminent domain. 

15 SEC. 410. None of the funds made available in this 

16 Act may be transferred to any department, agency, or in17 strumentality of the United States Government, except pur18 suant to a transfer made by, or transfer authority provided 

19 in, this Act or any other appropriations Act. 

20 SEC. 411. No part of any appropriation contained in 

21 this Act shall be available to pay the salary for any person 

22 filling a position, other than a temporary position, formerly 

23 held by an employee who has left to enter the Armed Forces 

24 of the United States and has satisfactorily completed his 

25 period of active military or naval service, and has within 


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1 90 days after his release from such service or from hos2 pitalization continuing after discharge for a period of not 

3 more than 1 year, made application for restoration to his 

4 former position and has been certified by the Office of Per5 sonnel Management as still qualified to perform the duties 

6 of his former position and has not been restored thereto. 

7 SEC. 412. No funds appropriated pursuant to this Act 

8 may be expended by an entity unless the entity agrees that 

9 in expending the assistance the entity will comply with sec10 tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 

11 10a–10c, popularly known as the ‘‘Buy American Act’’). 

12 SEC. 413. No funds appropriated or otherwise made 

13 available under this Act shall be made available to any per14 son or entity that has been convicted of violating the Buy 

15 American Act (41 U.S.C. 10a–10c). 

16 SEC. 414. None of the funds made available in this 

17 Act may be used for first-class airline accommodations in 

18 contravention of sections 301–10.122 and 301–10.123 of 

19 title 41, Code of Federal Regulations. 

20 SEC. 415. None of the funds made available in this 

21 Act may be used to purchase a light bulb for an office build22 ing unless the light bulb has, to the extent practicable, an 

23 Energy Star or Federal Energy Management Program des24 ignation. 


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1 SEC. 416. None of the funds made available in this 

2 Act may be used to establish, issue, implement, administer, 

3 or enforce any prohibition or restriction on the establish4 ment or effectiveness of any occupancy preference for vet5 erans in supportive housing for the elderly that: 

6 (1) is provided assistance by the Department of 

7 Housing and Urban Development; and 

8 (2) is or would be located on property of the De9 partment of Veterans Affairs; or 

10 (3) is subject to an enhanced use lease with the 

11 Department of Veterans Affairs. 

12 SEC. 417. None of the funds made available under this 

13 Act or any prior Act may be provided to the Association 

14 of Community Organizations for Reform Now (ACORN), 

15 or any of its affiliates, subsidiaries, or allied organizations. 

16 SEC. 418. Concurrent with the issuance of any notice 

17 of funding availability or any other notice designed to so18 licit applications for a program through which grants or 

19 credit assistance are awarded through a competitive proc20 ess, the Secretary of Transportation and the Secretary of 

21 Housing and Urban Development shall post on their Web 

22 sites information about such program, including, but not 

23 limited to, the goals of the program, the criteria that will 

24 be used in awarding grants or credit assistance, and the 

25 process by which applications will be selected for the award 


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1 of a grant or credit assistance: Provided, That concurrent 

2 with the public announcement of grants or credit assistance 

3 to be awarded through such competitive program, the Sec4 retary of Transportation and the Secretary of Housing and 

5 Urban Development shall post on their Web sites informa6 tion on each applicant to be awarded a grant or credit as7 sistance, including, but not limited to, the name and ad8 dress of the applicant, the amount of the grant or credit 

9 assistance to be awarded, the amount of financing expected 

10 from other sources, and an explanation of how such award 

11 is consistent with program goals. 

12 SEC. 419. Notwithstanding section 701, none of the 

13 funds made available by this Act may be used to purchase 

14 new passenger motor vehicles, except for national security, 

15 law enforcement needs, public transit, safety, and research: 

16 Provided further, all agencies and departments funded by 

17 divisions A, B, and C of this Act shall send to Congress 

18 at the end of the Fiscal Year a report containing a complete 

19 inventory of the total number of vehicles owned, perma20 nently retired, and purchased during Fiscal Year 2012 as 

21 well as the total cost of the vehicle fleet, including mainte22 nance, fuel, storage, purchasing, and leasing. 

23 SEC. 420 . A person or entity that receives a Federal 

24 loan using amounts made available under division A, divi25 sion B, or division C of this Act may not repay the loan 


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1 using a Federal grant or other award funded with amounts 

2 made available under division A, division B, or division 

3 C of this Act: Provided further, a grant or other award 

4 funded with amounts made available under division A, di5 vision B, or division C of this Act may not be used to repay 

6 a Federal loan. 

7 This Act may be cited as the ‘‘Transportation, Hous8 ing and Urban Development, and Related Agencies Appro9 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 

and Urban Development, and related programs for the 

fiscal year ending September 30, 2012, and for other 

purposes.’’. 

Passed the House of Representatives June 16, 2011. 

Attest: KAREN L. HAAS, 

Clerk. 

Passed the Senate November 1, 2011. 

Attest: NANCY ERICKSON, 

Secretary. 


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