H.R. 2112 — Consolidated and Further Continuing Appropriations Act, 2012

[112th Congress Public Law 55]
[From the U.S. Government Publishing Office]



[[Page 551]]

      CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2012

[[Page 125 STAT. 552]]

Public Law 112-55
112th Congress

                                 An Act


 
 Making consolidated appropriations for the Departments of Agriculture, 
 Commerce, Justice, Transportation, and Housing and Urban Development, 
and related programs for the fiscal year ending September 30, 2012, and 
       for other purposes. <<NOTE: Nov. 18, 2011 -  [H.R. 2112]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Consolidated and 
Further Continuing Appropriations Act, 2012.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consolidated and Further Continuing 
Appropriations Act, 2012''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

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

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

      DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2012

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

           DIVISION D--FURTHER CONTINUING APPROPRIATIONS, 2012

SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.

    The following sums in this Act are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2012.

[[Page 125 STAT. 553]]

     DIVISION <<NOTE: Agriculture, Rural Development, Food and Drug 
  Administration, and Related Agencies Appropriations Act, 2012.>> A--
   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
RELATED AGENCIES

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                         Office of the Secretary

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

                       Office of Tribal Relations

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

                          Executive Operations

                      office of the chief economist

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

                        national appeals division

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

                  office of budget and program analysis

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

         office of homeland security and emergency coordination

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

                     Office of Advocacy and Outreach

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

                 Office of the Chief Information Officer

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

[[Page 125 STAT. 554]]

                  Office of the Chief Financial Officer

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

           Office of the Assistant Secretary for Civil Rights

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

                         Office of Civil Rights

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

          Office of the Assistant Secretary for Administration

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

        Agriculture Buildings and Facilities and Rental Payments

                     (including transfers of funds)

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

[[Page 125 STAT. 555]]

                     Hazardous Materials Management

                     (including transfers of funds)

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

                       Departmental Administration

                     (including transfers of funds)

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

      Office of the Assistant Secretary for Congressional Relations

                     (including transfers of funds)

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

                        Office of Communications

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

                       Office of Inspector General

    For necessary expenses of the Office of Inspector General, including 
employment pursuant to the Inspector General Act of 1978, $85,621,000, 
including such sums as may be necessary for

[[Page 125 STAT. 556]]

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

                      Office of the General Counsel

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

   Office of the Under Secretary for Research, Education and Economics

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

                        Economic Research Service

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

                National Agricultural Statistics Service

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

                      Agricultural Research Service

                          salaries and expenses

    For necessary expenses of the Agricultural Research Service and for 
acquisition of lands by donation, exchange, or purchase at a nominal 
cost not to exceed $100, and for land exchanges where the lands 
exchanged shall be of equal value or shall be equalized by a payment of 
money to the grantor which shall not exceed 25 percent of the total 
value of the land or interests transferred out of Federal ownership, 
$1,094,647,000:  Provided, <<NOTE: 7 USC 2254.>> That appropriations 
hereunder shall be available for the operation and maintenance of 
aircraft and the purchase of not to exceed one for replacement only:  
Provided further, That appropriations hereunder shall be available 
pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair 
of buildings and improvements, but unless otherwise provided, the cost 
of constructing any one building shall not exceed $375,000, except for 
headhouses or greenhouses which shall each be limited to $1,200,000, and 
except for 10 buildings to be constructed or improved at a cost not to 
exceed $750,000 each, and the cost of altering any one building during 
the fiscal year shall not exceed 10 percent of the current replacement 
value of the building or $375,000, whichever is greater:  Provided 
further, <<NOTE: Maryland.>> That the limitations on alterations 
contained in this Act shall not apply to modernization or replacement of 
existing facilities at Beltsville, Maryland:  Provided further, That 
appropriations hereunder shall be available for granting easements at 
the Beltsville Agricultural Research Center:  Provided further, That the

[[Page 125 STAT. 557]]

foregoing limitations shall not apply to replacement of buildings needed 
to carry out the Act of April 24, 1948 (21 U.S.C. 113a):  Provided 
further, That funds may be received from any State, other political 
subdivision, organization, or individual for the purpose of establishing 
or operating any research facility or research project of the 
Agricultural Research Service, as authorized by law.

               National Institute of Food and Agriculture

                    research and education activities

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

[[Page 125 STAT. 558]]

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363), 
$900,000; for distance education grants for insular areas under section 
1490 of the National Agricultural Research, Extension, and Teaching 
Policy Act of 1977 (7 U.S.C. 3362), $750,000; for a competitive grants 
program for farm business management and benchmarking (7 U.S.C. 5925f), 
$1,450,000; for a competitive grants program regarding biobased energy 
(7 U.S.C. 8114), $2,200,000; and for necessary expenses of Research and 
Education Activities, $10,500,000, of which $2,600,000 for the Research, 
Education, and Economics Information System and $2,000,000 for the 
Electronic Grants Information System, are to remain available until 
expended.

               native american institutions endowment fund

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

                          extension activities

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

[[Page 125 STAT. 559]]

                          integrated activities

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

   Office of the Under Secretary for Marketing and Regulatory Programs

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

               Animal and Plant Health Inspection Service

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Animal and Plant Health Inspection 
Service, including up to $30,000 for representation allowances and for 
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), 
$816,534,000, of which $1,000,000, to be available until expended, shall 
be available for the control of outbreaks of insects, plant diseases, 
animal diseases and for control of pest animals and birds (``contingency 
fund'') to the extent necessary to meet emergency conditions; of which 
$17,848,000, to remain available until expended, shall be used for the 
cotton pests program for cost share purposes or for debt retirement for 
active eradication zones; of which $32,500,000, to remain available 
until expended, shall be for Animal Health Technical Services; of which 
$696,000 shall be for activities under the authority of the Horse 
Protection Act of 1970, as amended (15 U.S.C. 1831); of which 
$52,000,000, to remain available until expended, shall be used to 
support avian health; of which $4,335,000, to remain available until 
expended, shall be for information technology infrastructure; of which 
$153,950,000, to remain available until expended, shall be for specialty 
crop pests; of which, $9,068,000, to remain available until expended, 
shall be for field crop and rangeland ecosystem pests; of which 
$55,638,000, to remain available until expended, shall be for tree and 
wood pests; of which $2,750,000, to remain available until expended, 
shall be for the National Veterinary Stockpile; of which up to 
$1,500,000, to remain available until expended, shall be for the scrapie 
program for indemnities; of which $1,000,000, to remain available until 
expended, shall be for wildlife services methods development; of which 
$1,500,000, to remain available until expended, shall be for the 
wildlife damage management program for aviation safety; and up to 25 
percent of the screwworm program shall remain available until expended:  
Provided, That

[[Page 125 STAT. 560]]

no funds shall be used to formulate or administer a brucellosis 
eradication program for the current fiscal year that does not require 
minimum matching by the States of at least 40 percent:  Provided 
further, That this appropriation shall be available for the operation 
and maintenance of aircraft and the purchase of not to exceed four, of 
which two shall be for replacement only:  Provided further, That, in 
addition, in emergencies which threaten any segment of the agricultural 
production industry of this country, the Secretary may transfer from 
other appropriations or funds available to the agencies or corporations 
of the Department such sums as may be deemed necessary, to be available 
only in such emergencies for the arrest and eradication of contagious or 
infectious disease or pests of animals, poultry, or plants, and for 
expenses in accordance with sections 10411 and 10417 of the Animal 
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended 
balances of funds transferred for such emergency purposes in the 
preceding fiscal year shall be merged with such transferred amounts:  
Provided further, That appropriations hereunder shall be available 
pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased 
buildings and improvements, but unless otherwise provided the cost of 
altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.
    In fiscal year 2012, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic and 
international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, goods, or 
services provided to the entity by the agency, and such fees shall be 
reimbursed to this account, to remain available until expended, without 
further appropriation, for providing such assistance, goods, or 
services.

                        buildings and facilities

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

                     Agricultural Marketing Service

                           marketing services

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

[[Page 125 STAT. 561]]

                  limitation on administrative expenses

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

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

                     (including transfers of funds)

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

                   payments to states and possessions

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

         Grain Inspection, Packers and Stockyards Administration

                          salaries and expenses

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

         limitation on inspection and weighing services expenses

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

              Office of the Under Secretary for Food Safety

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

[[Page 125 STAT. 562]]

                   Food Safety and Inspection Service

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

Office of the Under Secretary for Farm and Foreign Agricultural Services

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

                           Farm Service Agency

                          salaries and expenses

                     (including transfers of funds)

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

                         state mediation grants

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

               grassroots source water protection program

    For necessary expenses to carry out wellhead or groundwater 
protection activities under section 1240O of the Food Security Act

[[Page 125 STAT. 563]]

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

                         dairy indemnity program

                      (including transfer of funds)

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

           agricultural credit insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 
U.S.C. 488), boll weevil loans (7 U.S.C. 1989), guaranteed conservation 
loans (7 U.S.C. 1924 et seq.), and Indian highly fractionated land loans 
(25 U.S.C. 488) to be available from funds in the Agricultural Credit 
Insurance Fund, as follows: $1,500,000,000 for unsubsidized guaranteed 
farm ownership loans and $475,000,000 for farm ownership direct loans; 
$1,500,000,000 for unsubsidized guaranteed operating loans and 
$1,050,090,000 for direct operating loans; Indian tribe land acquisition 
loans, $2,000,000; guaranteed conservation loans, $150,000,000; Indian 
highly fractionated land loans, $10,000,000; and for boll weevil 
eradication program loans, $100,000,000:  Provided, <<NOTE: Pink 
Bollworm.>> That the Secretary shall deem the pink bollworm to be a boll 
weevil for the purpose of boll weevil eradication program loans.

    For the cost of direct and guaranteed loans and grants, including 
the cost of modifying loans as defined in section 502 of the 
Congressional Budget Act of 1974, as follows: farm ownership, 
$22,800,000 for direct loans; farm operating loans, $26,100,000 for 
unsubsidized guaranteed operating loans, $59,120,000 for direct 
operating loans; and Indian highly fractionated land loans, $193,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $297,632,000, of which $289,728,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership, operating and conservation direct 
loans and guaranteed loans may be transferred among these programs:  
Provided, <<NOTE: Notification. Deadline.>> That the Committees on 
Appropriations of both Houses of Congress are notified at least 15 days 
in advance of any transfer.

                         Risk Management Agency

    For necessary expenses of the Risk Management Agency, $74,900,000:  
Provided, That the funds made available under section

[[Page 125 STAT. 564]]

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

                              CORPORATIONS

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

                 Federal Crop Insurance Corporation Fund

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

                    Commodity Credit Corporation Fund

                  reimbursement for net realized losses

                     (including transfers of funds)

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

                       hazardous waste management

                        (limitation on expenses)

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

[[Page 125 STAT. 565]]

                                TITLE II

                          CONSERVATION PROGRAMS

   Office of the Under Secretary for Natural Resources and Environment

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

                 Natural Resources Conservation Service

                         conservation operations

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

                    watershed rehabilitation program

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

                                TITLE III

                       RURAL DEVELOPMENT PROGRAMS

           Office of the Under Secretary for Rural Development

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

                 Rural Development Salaries and Expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs in the Rural Development mission

[[Page 125 STAT. 566]]

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

                          Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

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

[[Page 125 STAT. 567]]

be transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

                        rental assistance program

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

 multi-family <<NOTE: Vouchers. Loans.>> housing revitalization program 
account

    For the rural housing voucher program as authorized under section 
542 of the Housing Act of 1949, but notwithstanding subsection (b) of 
such section, and for additional costs to conduct a demonstration 
program for the preservation and revitalization of multi-family rental 
housing properties described in this paragraph, $13,000,000, to remain 
available until expended:  Provided, That of the funds made available 
under this heading, $11,000,000, shall be available for rural housing 
vouchers to any low-income household (including those not receiving 
rental assistance) residing in a property financed with a section 515 
loan which has been prepaid after September 30, 2005:  Provided further, 
That the amount of such voucher shall be the difference between 
comparable market rent for the section 515 unit and the tenant paid rent 
for such unit:  Provided further, That funds made available for such 
vouchers shall be subject to the availability of annual appropriations:  
Provided further, That the Secretary shall, to the maximum extent 
practicable, administer such vouchers with current regulations and 
administrative guidance applicable to section 8 housing vouchers 
administered by the Secretary of the Department of Housing and Urban 
Development:  Provided further, That if the

[[Page 125 STAT. 568]]

Secretary determines that the amount made available for vouchers in this 
or any other Act is not needed for vouchers, the Secretary may use such 
funds for the demonstration program for the preservation and 
revitalization of multi-family rental housing properties described in 
this paragraph:  Provided further, That of the funds made available 
under this heading, $2,000,000 shall be available for a demonstration 
program for the preservation and revitalization of the sections 514, 
515, and 516 multi-family rental housing properties to restructure 
existing USDA multi-family housing loans, as the Secretary deems 
appropriate, expressly for the purposes of ensuring the project has 
sufficient resources to preserve the project for the purpose of 
providing safe and affordable housing for low-income residents and farm 
laborers including reducing or eliminating interest; deferring loan 
payments, subordinating, reducing or reamortizing loan debt; and other 
financial assistance including advances, payments and incentives 
(including the ability of owners to obtain reasonable returns on 
investment) required by the Secretary:  Provided further, That the 
Secretary shall as part of the preservation and revitalization agreement 
obtain a restrictive use agreement consistent with the terms of the 
restructuring:  Provided further, That if the Secretary determines that 
additional funds for vouchers described in this paragraph are needed, 
funds for the preservation and revitalization demonstration program may 
be used for such vouchers:  Provided further, That if Congress enacts 
legislation to permanently authorize a multi-family rental housing loan 
restructuring program similar to the demonstration program described 
herein, the Secretary may use funds made available for the demonstration 
program under this heading to carry out such legislation with the prior 
approval of the Committees on Appropriations of both Houses of Congress: 
 Provided further, That in addition to any other available funds, the 
Secretary may expend not more than $1,000,000 total, from the program 
funds made available under this heading, for administrative expenses for 
activities funded under this heading.

                   mutual and self-help housing grants

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

                     rural housing assistance grants

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

[[Page 125 STAT. 569]]

30, 2012, for communities designated by the Secretary of Agriculture as 
Rural Economic Area Partnership Zones.

               rural community facilities program account

                     (including transfers of funds)

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

[[Page 125 STAT. 570]]

                   Rural Business--Cooperative Service

                     rural business program account

                     (including transfers of funds)

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

               rural development loan fund program account

                      (including transfer of funds)

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

[[Page 125 STAT. 571]]

    In addition, for administrative expenses to carry out the direct 
loan programs, $4,684,000 shall be transferred to and merged with the 
appropriation for ``Rural Development, Salaries and Expenses''.

            rural economic development loans program account

                     (including rescission of funds)

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

                  rural cooperative development grants

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

                    rural energy for america program

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

                         Rural Utilities Service

             rural water and waste disposal program account

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants for the 
rural water, waste water, waste disposal, and solid waste management 
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B 
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the 
Consolidated Farm and Rural Development Act, $513,000,000, to remain 
available until expended, of which not to exceed $497,000 shall be 
available for the rural utilities program described in section 
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be 
available for the rural utilities

[[Page 125 STAT. 572]]

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

[[Page 125 STAT. 573]]

   rural electrification and telecommunications loans program account

                      (including transfer of funds)

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

         distance learning, telemedicine, and broadband program

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

    For the cost of broadband loans, as authorized by section 601 of the 
Rural Electrification Act, $6,000,000, to remain available until 
expended:  Provided, That the cost of direct loans shall be as defined 
in section 502 of the Congressional Budget Act of 1974.
    In addition, $10,372,000, to remain available until expended, for a 
grant program to finance broadband transmission in rural areas eligible 
for Distance Learning and Telemedicine Program benefits authorized by 7 
U.S.C. 950aaa.

[[Page 125 STAT. 574]]

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

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

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

    For necessary expenses to carry out the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 
and 21; $18,151,176,000, to remain available through September 30, 2013, 
of which such sums as are made available under section 14222(b)(1) of 
the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as 
amended by this Act, shall be merged with and available for the same 
time period and purposes as provided herein:  Provided, That of the 
total amount available, $16,516,000 shall be available to carry out 
section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):  
Provided further, That of the total amount available, $1,000,000 shall 
be available to implement section 23 of the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.):  Provided further, That section 14222(b)(1) of 
the Food, Conservation, and Energy Act of <<NOTE: 7 USC 612c-6.>> 2008 
is amended by adding at the end before the period, ``except section 21, 
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except 
sections 17 and 21''.

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

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

[[Page 125 STAT. 575]]

activities that are not fully reimbursed by other Federal Government 
departments or agencies unless authorized by section 17 of such Act.

                supplemental nutrition assistance program

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

                      commodity assistance program

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

                    nutrition programs administration

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

[[Page 125 STAT. 576]]

                                 TITLE V

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                          salaries and expenses

                     (including transfers of funds)

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

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

                     (including transfers of funds)

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

                     food for peace title ii grants

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

[[Page 125 STAT. 577]]

  commodity credit corporation export (loans) credit guarantee program 
                                 account

                     (including transfers of funds)

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

  mc govern-dole international food for education and child nutrition 
                             program grants

    For necessary expenses to carry out the provisions of section 3107 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $184,000,000, to remain available until expended:  Provided, That 
the Commodity Credit Corporation is authorized to provide the services, 
facilities, and authorities for the purpose of implementing such 
section, subject to reimbursement from amounts provided herein.

                                TITLE VI

            RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                          salaries and expenses

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's certificate, 
not to exceed $25,000; and notwithstanding section 521 of Public Law 
107-188; $3,788,336,000:  Provided, That of the amount provided under 
this heading, $702,172,000 shall be derived from prescription drug user 
fees authorized by 21 U.S.C. 379h shall be credited to this account and 
remain available until expended, and shall not include any fees pursuant 
to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2013 but 
collected in fiscal year 2012; $57,605,000 shall be derived from medical 
device user fees authorized by 21 U.S.C. 379j, and shall be credited to 
this account and remain available until expended; $21,768,000 shall be 
derived from animal drug user fees authorized by section 740 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12), and shall be 
credited to this account and remain available

[[Page 125 STAT. 578]]

until expended; $5,706,000 shall be derived from animal generic drug 
user fees authorized by section 741 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 379j-21), and shall be credited to this account 
and shall remain available until expended; $477,000,000 shall be derived 
from tobacco product user fees authorized by 21 U.S.C. 387s and shall be 
credited to this account and remain available until expended; 
$12,364,000 shall be derived from food and feed recall fees authorized 
by section 743 of the Federal Food, Drug, and Cosmetic Act (Public Law 
75-717), as amended by the Food Safety Modernization Act (Public Law 
111-353), and shall be credited to this account and remain available 
until expended; $14,700,000 shall be derived from food reinspection fees 
authorized by section 743 of the Federal Food, Drug, and Cosmetic Act 
(Public Law 75-717), as amended by the Food Safety Modernization Act 
(Public Law 111-353), and shall be credited to this account and remain 
available until expended; and amounts derived from voluntary qualified 
importer program fees authorized by section 743 of the Federal Food, 
Drug, and Cosmetic Act (Public Law 75-717), as amended by the Food 
Safety Modernization Act (Public Law 111-353), and shall be credited to 
this account and remain available until expended:  Provided further, 
That in addition and notwithstanding any other provision under this 
heading, amounts collected for prescription drug user fees that exceed 
the fiscal year 2012 limitation are appropriated and shall be credited 
to this account and remain available until <<NOTE: Fees.>> expended:  
Provided further, That fees derived from prescription drug, medical 
device, animal drug, animal generic drug, and tobacco product 
assessments for fiscal year 2012 received during fiscal year 2012, 
including any such fees assessed prior to fiscal year 2012 but credited 
for fiscal year 2012, shall be subject to the fiscal year 2012 
limitations:  Provided further, That none of these funds shall be used 
to develop, establish, or operate any program of user fees authorized by 
31 U.S.C. 9701:  Provided further, That of the total amount 
appropriated: (1) $882,747,000 shall be for the Center for Food Safety 
and Applied Nutrition and related field activities in the Office of 
Regulatory Affairs; (2) $978,705,000 shall be for the Center for Drug 
Evaluation and Research and related field activities in the Office of 
Regulatory Affairs, of which no less than $52,947,000 shall be available 
for the Office of Generic Drugs; (3) $329,136,000 shall be for the 
Center for Biologics Evaluation and Research and for related field 
activities in the Office of Regulatory Affairs; (4) $166,365,000 shall 
be for the Center for Veterinary Medicine and for related field 
activities in the Office of Regulatory Affairs; (5) $356,909,000 shall 
be for the Center for Devices and Radiological Health and for related 
field activities in the Office of Regulatory Affairs; (6) $60,039,000 
shall be for the National Center for Toxicological Research; (7) 
$454,751,000 shall be for the Center for Tobacco Products and for 
related field activities in the Office of Regulatory Affairs; (8) not to 
exceed $131,639,000 shall be for Rent and Related activities, of which 
$43,981,000 is for White Oak Consolidation, other than the amounts paid 
to the General Services Administration for rent; (9) not to exceed 
$205,472,000 shall be for payments to the General Services 
Administration for rent; and (10) $222,573,000 shall be for other 
activities, including the Office of the Commissioner of Food and Drugs, 
the Office of Foods, the Office of Medical and Tobacco Products, the 
Office of Global and Regulatory Policy, the Office of Operations, the 
Office

[[Page 125 STAT. 579]]

of the Chief Scientist, and central services for these offices:  
Provided further, That not to exceed $25,000 of this amount shall be for 
official reception and representation expenses, not otherwise provided 
for, as determined by the Commissioner:  Provided further, That funds 
may be transferred from one specified activity to another with the prior 
approval of the Committees on Appropriations of both Houses of Congress.

    In addition, mammography user fees authorized by 42 U.S.C. 263b, 
export certification user fees authorized by 21 U.S.C. 381, and priority 
review user fees authorized by 21 U.S.C. 360n may be credited to this 
account, to remain available until expended.

                        buildings and facilities

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

                          INDEPENDENT AGENCIES

                  commodity futures trading commission

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

                       Farm Credit Administration

                  limitation on administrative expenses

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

                                TITLE VII

                           GENERAL PROVISIONS

             (including rescissions and transfers of funds)

    Sec. 701.  Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of Agriculture 
for the current fiscal year under this Act shall be available for the 
purchase, in addition to those specifically provided for, of not to 
exceed 204 passenger motor vehicles of which 170 shall be for 
replacement only, and for the hire of such vehicles:  Provided,

[[Page 125 STAT. 580]]

That notwithstanding this section, the only purchase of new passenger 
vehicles shall be for those determined by the Secretary to be necessary 
for transportation safety, to reduce operational costs, and for the 
protection of life, property, and public safety.
    Sec. 702.  The Secretary of Agriculture may transfer unobligated 
balances of discretionary funds appropriated by this Act or other 
available unobligated discretionary balances of the Department of 
Agriculture to the Working Capital Fund for the acquisition of plant and 
capital equipment necessary for the delivery of financial, 
administrative, and information technology services of primary benefit 
to the agencies of the Department of Agriculture:  Provided, That none 
of the funds made available by this Act or any other Act shall be 
transferred to the Working Capital Fund without the prior approval of 
the agency <<NOTE: Notification.>> administrator:  Provided further, 
That none of the funds transferred to the Working Capital Fund pursuant 
to this section shall be available for obligation without written 
notification to and the prior approval of the Committees on 
Appropriations of both Houses of <<NOTE: Notification.>> Congress:  
Provided further, That none of the funds appropriated by this Act or 
made available to the Department's Working Capital Fund shall be 
available for obligation or expenditure to make any changes to the 
Department's National Finance Center without written notification to and 
prior approval of the Committees on Appropriations of both Houses of 
Congress as required by section 711 of this Act:  Provided further, That 
of annual income amounts in the Working Capital Fund of the Department 
of Agriculture allocated for the National Finance Center, the Secretary 
may reserve not more than 4 percent for the replacement or acquisition 
of capital equipment, including equipment for the improvement and 
implementation of a financial management plan, information technology, 
and other systems of the National Finance Center or to pay any 
unforeseen, extraordinary cost of the National 
Finance <<NOTE: Notification.>> Center:  Provided further, That none of 
the amounts reserved shall be available for obligation unless the 
Secretary submits written notification of the obligation to the 
Committees on Appropriations of the House of Representatives and the 
Senate:  Provided further, That the limitation on the obligation of 
funds pending notification to Congressional Committees shall not apply 
to any obligation that, as determined by the Secretary, is necessary to 
respond to a declared state of emergency that significantly impacts the 
operations of the National Finance Center; or to evacuate employees of 
the National Finance Center to a safe haven to continue operations of 
the National Finance Center.

    Sec. 703.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 704.  No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is to 
carry out programs of mutual interest between the two parties. This does 
not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.

[[Page 125 STAT. 581]]

    Sec. 705.  Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current fiscal 
year shall remain available until expended to disburse obligations made 
in the current fiscal year for the following accounts: the Rural 
Development Loan Fund program account, the Rural Electrification and 
Telecommunication Loans program account, and the Rural Housing Insurance 
Fund program account.
    Sec. 706.  Hereafter, none of the funds appropriated by this Act may 
be used to carry out section 410 of the Federal Meat Inspection Act (21 
U.S.C. 679a) or section 30 of the Poultry Products Inspection Act (21 
U.S.C. 471).
    Sec. 707.  None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review <<NOTE: Notification.>> Board:  Provided, 
That notwithstanding any other provision of law, none of the funds 
appropriated or otherwise made available by this Act may be transferred 
to the Office of the Chief Information Officer without written 
notification to and the prior approval of the Committees on 
Appropriations of both Houses of Congress:  Provided further, That none 
of the funds available to the Department of Agriculture for information 
technology shall be obligated for projects over $25,000 prior to receipt 
of written approval by the Chief Information Officer.

    Sec. 708.  Funds made available under section 1240I and section 
1241(a) of the Food Security Act of 1985 and section 524(b) of the 
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year 
shall remain available until expended to disburse obligations made in 
the current fiscal year.
    Sec. 709.  Notwithstanding any other provision of law, any former 
RUS borrower that has repaid or prepaid an insured, direct or guaranteed 
loan under the Rural Electrification Act of 1936, or any not-for-profit 
utility that is eligible to receive an insured or direct loan under such 
Act, shall be eligible for assistance under section 313(b)(2)(B) of such 
Act in the same manner as a borrower under such Act.
    Sec. 710.  Notwithstanding any other provision of law, for the 
purposes of a grant under section 412 of the Agricultural Research, 
Extension, and Education Reform Act of 1998, none of the funds in this 
or any other Act may be used to prohibit the provision of in-kind 
support from non-Federal sources under section 412(e)(3) of such Act in 
the form of unrecovered indirect costs not otherwise charged against the 
grant, consistent with the indirect rate of cost approved for a 
recipient.
    Sec. 711.  Except as otherwise specifically provided by law, 
unobligated balances remaining available at the end of the fiscal year 
from appropriations made available for salaries and expenses in this Act 
for the Farm Service Agency and the Rural Development mission area, 
shall remain available through September 30, 2013, for information 
technology expenses.
    Sec. 712.  The Secretary of Agriculture may authorize a State agency 
to use funds provided in this Act to exceed the maximum amount of liquid 
infant formula specified in 7 CFR 246.10 when issuing liquid infant 
formula to participants.
    Sec. 713.  None of the funds appropriated or otherwise made 
available by this Act may be used for first-class travel by the

[[Page 125 STAT. 582]]

employees of agencies funded by this Act in contravention of sections 
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
    Sec. 714.  In the case of each program established or amended by the 
Food, Conservation, and Energy Act of 2008 (Public Law 110-246), other 
than by title I or subtitle A of title III of such Act, that is 
authorized or required to be carried out using funds of the Commodity 
Credit Corporation--
            (1) such funds shall be available for salaries and related 
        administrative expenses, including technical assistance, 
        associated with the implementation of the program, without 
        regard to the limitation on the total amount of allotments and 
        fund transfers contained in section 11 of the Commodity Credit 
        Corporation Charter Act (15 U.S.C. 714i); and
            (2) the use of such funds for such purpose shall not be 
        considered to be a fund transfer or allotment for purposes of 
        applying the limitation on the total amount of allotments and 
        fund transfers contained in such section.

    Sec. 715.  Notwithstanding any other provision of law, the 
requirements pursuant to 7 U.S.C. 1736f(e)(1) may be waived for any 
amounts higher than those specified under this authority for fiscal year 
2010.
    Sec. 716. (a) Clause (ii) of section 524(b)(4)(B) of the Federal 
Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is amended--
            (1) in the heading, by striking ``fiscal years 2008 through 
        2012'' and inserting ``certain fiscal years''; and
            (2) in the text, by striking ``2012'' and inserting 
        ``2014''.

    (b) Section 1238E(a) of the Food Security Act of 1985 (16 U.S.C. 
3838e(a)) is amended by striking ``2012'' and inserting ``2014''.
    (c) Section 1240B(a) of the Food Security Act of 1985 (16 U.S.C. 
3839aa-2(a)) is amended by striking ``2012'' and inserting ``2014''.
    (d) Section 1241(a)(6)(E) of the Food Security Act of 1985 (16 
U.S.C. 3841(a)(6)(E)) is amended by striking ``fiscal year 2012'' and 
inserting ``each of fiscal years 2012 through 2014''.
    (e) Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 
3841(a)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``2012,'' and inserting ``2012 (and fiscal year 2014 in the case 
        of the programs specified in paragraphs (3)(B), (4), (6), and 
        (7)),''; and
            (2) in paragraph (4)(E), by striking ``fiscal year 2012'' 
        and inserting ``each of fiscal years 2012 through 2014''.

    (f) Section 1241(a)(7)(D) of the Food Security Act of 1985 (16 
U.S.C. 3841(a)(7)(D)) is amended by striking ``2012'' and inserting 
``2014''.
    Sec. 717.  Appropriations to the Department of Agriculture made 
available in fiscal years 2005, 2006, and 2007 to carry out section 601 
of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) for the cost 
of direct loans shall remain available until expended to disburse valid 
obligations.
    Sec. 718.  None of the funds made available in fiscal year 2012 or 
preceding fiscal years for programs authorized under the Food for Peace 
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to 
reimburse the Commodity Credit Corporation for the release of eligible 
commodities under section 302(f)(2)(A) of

[[Page 125 STAT. 583]]

the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1):  Provided, 
That any such funds made available to reimburse the Commodity Credit 
Corporation shall only be used pursuant to section 302(b)(2)(B)(i) of 
the Bill Emerson Humanitarian Trust Act.
    Sec. 719.  Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task forces 
of the Department of Agriculture, except for panels used to comply with 
negotiated rule makings and panels used to evaluate competitively 
awarded grants.
    Sec. 720.  None of the funds in this Act shall be available to pay 
indirect costs charged against any agricultural research, education, or 
extension grant awards issued by the National Institute of Food and 
Agriculture that exceed 30 percent of total Federal funds provided under 
each award:  Provided, That notwithstanding section 1462 of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3310), funds provided by this Act for grants awarded 
competitively by the National Institute of Food and Agriculture shall be 
available to pay full allowable indirect costs for each grant awarded 
under section 9 of the Small Business Act (15 U.S.C. 638).
    Sec. 721.  <<NOTE: Regulations. Deadlines.>> None of the funds made 
available by this or any other Act may be used to write, prepare, or 
publish a final rule or an interim final rule in furtherance of, or 
otherwise to implement, ``Implementation of Regulations Required Under 
Title XI of the Food, Conservation and Energy Act of 2008; Conduct in 
Violation of the Act'' (75 Fed. Reg. 35338 (June 22, 2010)) unless the 
combined annual cost to the economy of such rules do not exceed 
$100,000,000:  Provided, That no funds be made available by this or any 
other Act to publish a final or interim final rule in furtherance of, or 
otherwise implement, proposed sections 201.2(l), 201.2(t), 201.2(u), 
201.3(c), 201.210, 201.211, 201.213, or 201.214 of ``Implementation of 
Regulations Required Under Title XI of the Food, Conservation and Energy 
Act of 2008; Conduct in Violation of the Act'' (75 Fed. Reg. 35338 (June 
22, 2010)):  Provided further, <<NOTE: Federal Register, 
publication.>> That such rules must be published in the Federal Register 
no later than December 9, 2011:  Provided further, That none of the 
funds made available by this or any other Act may be used to implement 
such rules until 60 days from the publication date of such rules, and 
only unless such rules are otherwise in compliance with this section.

    Sec. 722.  Any unobligated funds included under Treasury symbol 
codes 12X3336, 12X2268, 12X0132, 12X2271, 12X2277, 12X1404, 12X1501, and 
12X1336 are hereby rescinded.
    Sec. 723.  <<NOTE: Rescission.>> Of the unobligated balances 
provided pursuant to section 16(h)(1)(A) of the Food and Nutrition Act 
of 2008, $11,000,000 are hereby rescinded.

    Sec. 724.  There is hereby appropriated $1,996,000 to carry out 
section 1621 of Public Law 110-246.
    Sec. 725.  Subject to authorization by the Congress, the Secretary 
may reserve, through April 1, 2012, up to 5 percent of the funding 
available for the following items for projects in areas that are engaged 
in strategic regional development planning as defined by the Secretary: 
business and industry guaranteed loans; rural development loan fund; 
rural business enterprise grants; rural business opportunity grants; 
rural economic development program; rural microenterprise program; 
biorefinery assistance program;

[[Page 125 STAT. 584]]

rural energy for America program; value-added producer grants; broadband 
program; water and waste program; and rural community facilities 
program.
    Sec. 726.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the salaries and 
expenses of personnel to carry out the following:
            (1) The Conservation Stewardship Program authorized by 
        sections 1238D-1238G of the Food Security Act of 1985 (16 U.S.C. 
        3838d-3838g) in excess of $768,484,000;
            (2) The Watershed Rehabilitation program authorized by 
        section 14(h) of the Watershed Protection and Flood Prevention 
        Act (16 U.S.C. 1012(h));
            (3) The Environmental Quality Incentives Program as 
        authorized by sections 1240-1240H of the Food Security Act of 
        1985 (16 U.S.C. 3839aa-3839aa-8) in excess of $1,400,000,000;
            (4) The Farmland Protection Program as authorized by section 
        1238I of the Food Security Act of 1985 (16 U.S.C. 3838i) in 
        excess of $150,000,000;
            (5) The Grassland Reserve Program as authorized by sections 
        1238O-1238Q of the Food Security Act of 1985 (16 U.S.C. 3838o-
        3838q) in excess of 209,000 acres in fiscal year 2012;
            (6) The Wetlands Reserve Program authorized by sections 
        1237-1237F of the Food Security Act of 1985 (16 U.S.C. 3837-
        3837f) to enroll in excess of 185,800 acres in fiscal year 2012;
            (7) The Wildlife Habitat Incentives Act authorized by 
        section 1240N of the Food Security Act of 1985 (16 U.S.C. 
        3839bb-1)) in excess of $50,000,000;
            (8) The Voluntary Public Access and Habitat Incentives 
        Program authorized by section 1240R of the Food Security Act of 
        1985 (16 U.S.C. 3839bb-5);
            (9) The Bioenergy Program for Advanced Biofuels authorized 
        by section 9005 of the Farm Security and Rural Investment Act of 
        2002 (7 U.S.C. 8105) in excess of $65,000,000;
            (10) The Rural Energy for America Program authorized by 
        section 9007 of the Farm Security and Rural Investment Act of 
        2002 (7 U.S.C. 8107) in excess of $22,000,000;
            (11) The Rural Microentrepreneur Assistance Program 
        authorized by section 6022 of the Farm Security and Rural 
        Investment Act of 2002 (7 U.S.C. 2008s);
            (12) Section 508(d)(3) of the Federal Crop Insurance Act (7 
        U.S.C. 1508(d)(3)) to provide a performance-based premium 
        discount in the crop insurance program;
            (13) Agricultural Management Assistance Program as 
        authorized by section 524 of the Federal Crop Insurance Act, as 
        amended (7 U.S.C. 1524) in excess of $2,500,000 for the Natural 
        Resources Conservation Service;
            (14) The Biomass Crop Assistance Program authorized by 
        section 9011 of the Farm Security and Rural Investment Act of 
        2002 (7 U.S.C. 8111) in excess of $17,000,000 in new 
        obligational authority; and
            (15) A program under subsection (b)(2)(A)(iv) of section 
        14222 of Public Law 110-246 in excess of $948,000,000, as 
        follows: Child Nutrition Programs Entitlement Commodities--
        $465,000,000; State Option Contracts--$5,000,000; Removal of 
        Defective Commodities--$2,500,000:  Provided, That none of the 
        funds made available in this Act or any other Act shall be

[[Page 125 STAT. 585]]

        used for salaries and expenses to carry out section 19(i)(1)(E) 
        of the Richard B. Russell National School Lunch Act as amended 
        by section 4304 of Public Law 110-246 in excess of $20,000,000, 
        including the transfer of funds under subsection (c) of section 
        14222 of Public Law 110-246, until October 1, 2012:  Provided 
        further, That $133,000,000 made available on October 1, 2012, to 
        carry out section 19(i)(1)(E) of the Richard B. Russell National 
        School Lunch Act as amended by section 4304 of Public Law 110-
        246 shall be excluded from the limitation described in 
        subsection (b)(2)(A)(v) of section 14222 of Public Law 110-246:  
        Provided further, That none of the funds appropriated or 
        otherwise made available by this or any other Act shall be used 
        to pay the salaries or expenses of any employee of the 
        Department of Agriculture or officer of the Commodity Credit 
        Corporation to carry out clause 3 of section 32 of the 
        Agricultural Adjustment Act of 1935 (Public Law 74-320, 7 U.S.C. 
        612c, as amended), or for any surplus removal activities or 
        price support activities under section 5 of the Commodity Credit 
        Corporation Charter Act:  Provided further, That of the 
        available unobligated balances under (b)(2)(A)(iv) of section 
        14222 of Public Law 110-246, $150,000,000 are hereby rescinded.

    Sec. 727.  There is hereby appropriated $600,000 to the Farm Service 
Agency to carry out a pilot program to demonstrate the use of new 
technologies that increase the rate of growth of re-forested hardwood 
trees on private nonindustrial forests lands, enrolling lands on the 
coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 
2005.
    Sec. 728.  None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's Budget 
submission to the Congress of the United States for programs under the 
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies that 
assumes revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior to the 
submission of the Budget unless such Budget submission identifies which 
additional spending reductions should occur in the event the user fees 
proposals are not enacted prior to the date of the convening of a 
committee of conference for the fiscal year 2013 appropriations Act.
    Sec. 729.  <<NOTE: Rescission.>> The funds made available in Public 
Law 111-344 through February 12, 2012 for trade adjustment for farmers 
are hereby rescinded.

    Sec. 730. <<NOTE: Notifications. Deadlines.>> (a) None of the funds 
provided by this Act, or provided by previous Appropriations Acts to the 
agencies funded by this Act that remain available for obligation or 
expenditure in the current fiscal year, or provided from any accounts in 
the Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds, or in the 
case of the Department of Agriculture, through use of the authority 
provided by section 702(b) of the Department of Agriculture Organic Act 
of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C. 
2263), that--
            (1) creates new programs;

[[Page 125 STAT. 586]]

            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes offices, programs, or activities; or
            (6) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;

unless the Secretary of Agriculture, the Secretary of Health and Human 
Services, or the Chairman of the Commodity Futures Trading Commission 
(as the case may be) notifies, in writing, the Committees on 
Appropriations of both Houses of Congress at least 30 days in advance of 
the reprogramming of such funds or the use of such authority.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming or use of the authorities 
referred to in subsection (a) involving funds in excess of $500,000 or 
10 percent, whichever is less, that--
            (1) augments existing programs, projects, or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress; unless the 
        Secretary of Agriculture, the Secretary of Health and Human 
        Services, or the Chairman of the Commodity Futures Trading 
        Commission (as the case may be) notifies, in writing, the 
        Committees on Appropriations of both Houses of Congress at least 
        30 days in advance of the reprogramming of such funds or the use 
        of such authority.

    (c) The Secretary of Agriculture, the Secretary of Health and Human 
Services, or the Chairman of the Commodity Futures Trading Commission 
shall notify in writing the Committees on Appropriations of both Houses 
of Congress before implementing any program or activity not carried out 
during the previous fiscal year unless the program or activity is funded 
by this Act or specifically funded by any other Act.
    (d) As described in this section, no funds may be used for any 
activities unless the Secretary of Agriculture, the Secretary of Health 
and Human Services or the Chairman of the Commodity Futures Trading 
Commission receives from the Committee on Appropriations of both Houses 
of Congress written or electronic mail confirmation of receipt of the 
notification as required in this section.
    Sec. 731.  Notwithstanding section 310B(g)(5) of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may 
assess a one-time fee for any guaranteed business and industry loan in 
an amount that does not exceed 3 percent of the guaranteed principal 
portion of the loan.

[[Page 125 STAT. 587]]

    Sec. 732. (a) Closure and Conveyance of Agricultural Research 
Service Facilities.--The Secretary of Agriculture may close up to 10 
facilities of the Agricultural Research Service, as proposed in the 
budget of the President for fiscal year 2012 submitted to Congress 
pursuant to section 1105 of title 31, United States Code.
    (b) Conveyance Authority.--With respect to an Agricultural Research 
Service facility to be closed pursuant to subsection (a), the Secretary 
of Agriculture may convey, with or without consideration, all right, 
title, and interest of the United States in and to any real property, 
including improvements and equipment thereon, of the facility to an 
eligible entity specified in subsection (c). If the Agricultural 
Research Service facility consists of more than one parcel of real 
property, the Secretary may convey each parcel separately and to 
different eligible entities.
    (c) Entities.--The following entities are eligible to receive real 
property under subsection (b):
            (1) Land-grant colleges and universities (as defined in 
        section 1404(13) of the National Agricultural Research, 
        Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(13)).
            (2) 1994 Institutions (as defined in section 532 of the 
        Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 
        301 note; Public Law 103-382)).
            (3) Hispanic-serving agricultural colleges and universities 
        (as defined in section 1404(10) of the National Agricultural 
        Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
        3103(10)).

    (d) Conditions on Receipt.--As a condition of the conveyance of real 
property under subsection (b), the recipient of the property must--
            (1) be located in the same State or territory of the United 
        States in which the property is located; and
            (2) agree to accept and use the property for agricultural 
        and natural resources research for a minimum of 25 years.

    Sec. 733.  None of the funds appropriated or otherwise made 
available to the Department of Agriculture or the Food and Drug 
Administration shall be used to transmit or otherwise make available to 
any non-Department of Agriculture or non-Department of Health and Human 
Services employee questions or responses to questions that are a result 
of information requested for the appropriations hearing process.
    Sec. 734.  Section 9 of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758) is amended by adding at the end the following:
    ``(l) Food Donation Program.--
            ``(1) In general.--Each school and local educational agency 
        participating in the school lunch program under this Act may 
        donate any food not consumed under such program to eligible 
        local food banks or charitable organizations.
            ``(2) Guidance.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Not later 
                than 180 days after the date of the enactment of this 
                subsection, the Secretary shall develop and publish 
                guidance to schools and local educational agencies 
                participating in the school lunch program under this Act 
                to assist such schools and local educational agencies in 
                donating food under this subsection.

[[Page 125 STAT. 588]]

                    ``(B) Updates.--The Secretary shall update such 
                guidance as necessary.
            ``(3) Liability.--Any school or local educational agency 
        making donations pursuant to this subsection shall be exempt 
        from civil and criminal liability to the extent provided under 
        the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 
        1791).
            ``(4) Definition.--In this subsection, the term `eligible 
        local food banks or charitable organizations' means any food 
        bank or charitable organization which is exempt from tax under 
        section 501(c)(3) of the Internal Revenue Code of 1986 (26 
        U.S.C. 501(c)(3)).''.

    Sec. 735.  There is hereby appropriated for the ``Emergency 
Conservation Program'', for necessary expenses resulting from a major 
disaster declared pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.), $122,700,000, to 
remain available until expended:  Provided, That the preceding amount is 
designated by the Congress as being for disaster relief pursuant to 
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
Control Act of 1985:  Provided further, That there is hereby 
appropriated for the ``Emergency Forest Restoration Program'', for 
necessary expenses resulting from a major disaster declared pursuant to 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), $28,400,000, to remain available until expended:  
Provided further, That the preceding amount is designated by the 
Congress as being for disaster relief pursuant to section 251(b)(2)(D) 
of the Balanced Budget and Emergency Deficit Control Act of 1985:  
Provided further, That there is hereby appropriated for the ``Emergency 
Watershed Protection Program'', for necessary expenses resulting from a 
major disaster declared pursuant to the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$215,900,000, to remain available until expended:  Provided further, 
That the preceding amount is designated by the Congress as being for 
disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.
    Sec. 736.  <<NOTE: News stories.>> Unless otherwise authorized by 
existing law, none of the funds provided in this Act, may be used by an 
executive branch agency to produce any prepackaged news story intended 
for broadcast or distribution in the United States unless the story 
includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.

    Sec. 737.  No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act or any 
other Act to any other agency or office of the Department for more than 
30 days unless the individual's employing agency or office is fully 
reimbursed by the receiving agency or office for the salary and expenses 
of the employee for the period of assignment.
    Sec. 738.  None of the funds made available by this Act may be used 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, make a grant to, or provide a loan or loan guarantee to 
any corporation that was convicted (or had an officer or agent of such 
corporation acting on behalf of the corporation convicted) of a felony 
criminal violation under any Federal or State law within the preceding 
24 months, where the

[[Page 125 STAT. 589]]

awarding agency is aware of the conviction, unless the agency has 
considered suspension or debarment of the corporation, or such officer 
or agent, and made a determination that this further action is not 
necessary to protect the interests of the Government.
    Sec. 739.  None of the funds made available by this Act may be used 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, make a grant to, or provide a loan or loan guarantee to, 
any corporation that any unpaid Federal tax liability that has been 
assessed, for which all judicial and administrative remedies have been 
exhausted or have lapsed, and that is not being paid in a timely manner 
pursuant to an agreement with the authority responsible for collecting 
the tax liability, where the awarding agency is aware of the unpaid tax 
liability, unless the agency has considered suspension or debarment of 
the corporation and made a determination that this further action is not 
necessary to protect the interests of the Government.
    Sec. 740.  Unobligated balances not to exceed $31,000,000 for the 
``Emergency Watershed Protection Program'' provided in Public Law 108-
199, Public Law 109-234, and Public Law 110-28 shall be available for 
the purposes of such program for disasters occurring in 2011, and shall 
remain available until expended:  Provided, That the amounts made 
available by this section are designated by Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.
    Sec. 741.  Funds made available by this Act under title II of the 
Food for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide 
assistance to recipient nations if adequate monitoring and controls, as 
determined by the Administrator of the U.S. Agency for International 
Development, are in place to ensure that emergency food aid is received 
by the intended beneficiaries in areas affected by food shortages and 
not diverted for unauthorized or inappropriate purposes.
    Sec. 742.  None of the funds made available by this Act may be used 
to pay the salaries and expenses of personnel who provide nonrecourse 
marketing assistance loans for mohair under section 1201 of the Food, 
Conservation, and Energy Act of 2008 (7 U.S.C. 8731).
    Sec. 743.  <<NOTE: School lunches. Certification.>> None of the 
funds made available by this Act may be used to implement an interim 
final or final rule regarding nutrition programs under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) that--
            (1) requires crediting of tomato paste and puree based on 
        volume;
            (2) implements a sodium reduction target beyond Target I, 
        the 2-year target, specified in Notice of Proposed Rulemaking, 
        ``Nutrition Standards in the National School Lunch and School 
        Breakfast Programs'' (FNS-2007-0038, RIN 0584-AD59) until the 
        Secretary certifies that the Department has reviewed and 
        evaluated relevant scientific studies and data relevant to the 
        relationship of sodium reductions to human health; and
            (3) establishes any whole grain requirement without defining 
        ``whole grain.''

    Sec. 744.  For fiscal year 2012, section 363 of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 2006e) shall not apply to any 
project funded under the community facilities programs

[[Page 125 STAT. 590]]

authorized under such Act if such project is also subject to approval of 
a permit issued under section 404 of the Federal Water Pollution Control 
Act (33 U.S.C. 1344).
    Sec. 745.  None of the funds made available by this Act may be used 
by the Secretary of Agriculture to provide direct payments under section 
1103 or 1303 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 
8713, 8753) to any person or legal entity that has an average adjusted 
gross income (as defined in section 1001D of the Food Security Act of 
1985 (7 U.S.C. 1308-3a)) in excess of $1,000,000.
    Sec. 746.  <<NOTE: School lunches.>> None of the funds made 
available by this Act may be used to implement an interim final or final 
rule that--
            (1) sets any maximum limits on the serving of vegetables in 
        school meal programs established under the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1751 et seq.) and by 
        section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); 
        or
            (2) is inconsistent with the recommendations of the most 
        recent Dietary Guidelines for Americans for vegetables.

    Sec. 747.  <<NOTE: 7 USC 2009d note.>> For 2012 and subsequent 
fiscal years--
            (1) Any balances to carry out a housing demonstration 
        program to provide revolving loans for the preservation of low-
        income multi-family housing projects as authorized in Public Law 
        108-447 and Public Law 109-97 and a demonstration program for 
        the preservation and revitalization of the section 515 multi-
        family rental housing properties as authorized by Public Law 
        109-97 and Public Law 110-5 shall be transferred to and merged 
        with the ``Rural Housing Service, Multi-family Housing 
        Revitalization Program Account'';
            (2) Any prior balances in the Rural Development, Rural 
        Community Advancement Program account for programs authorized by 
        section 306 and described in section 381E(d)(1) of such Act be 
        transferred and merged with the ``Rural Community Facilities 
        Program Account'' and any other prior balances from the Rural 
        Development, Rural Community Advancement Program account that 
        the Secretary determines are appropriate to transfer;
            (3) Any prior balances in the Rural Development, Rural 
        Community Advancement Program account for programs authorized by 
        sections 306 and 310B and described in sections 310B(f) and 
        381E(d)(3) of such Act be transferred and merged with the 
        ``Rural Business Program Account'' and any other prior balances 
        from the Rural Development, Rural Community Advancement Program 
        account that the Secretary determines are appropriate to 
        transfer; and
            (4) Any prior balances in the Rural Development, Rural 
        Community Advancement Program account programs authorized by 
        sections 306, 306A, 306C, 306D, 306E, and 310B and described in 
        sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of such Act be 
        transferred to and merged with the ``Rural Water and Waste 
        Disposal Program Account'' and any other prior balances from the 
        Rural Development, Rural Community Advancement Program account 
        that the Secretary determines are appropriate to transfer.

    Sec. 748.  In addition to amounts otherwise made available by this 
Act, there is appropriated to implement the Water Bank Act (16 U.S.C. 
1301-1311) $7,500,000, to remain available until

[[Page 125 STAT. 591]]

expended:  Provided, That, notwithstanding section 6 of such Act (16 
U.S.C. 1305), agreements entered into with funds provided under this 
section shall not be renewed:  Provided further, <<NOTE: Waiver 
authority.>> That, in utilizing funds provided under this section, the 
Secretary of Agriculture may waive the percentage limitation in the last 
sentence of section 11 of such Act (16 U.S.C. 1310) to ensure efficient 
administration of the program authorized by such Act:  Provided further, 
That flooded agricultural lands, as determined by the Secretary, shall 
be eligible to be enrolled in the program.

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

 DIVISION B--COMMERCE, <<NOTE: Commerce, Justice, Science, and Related 
Agencies Appropriations Act, 2012. Department of Commerce Appropriations 
Act, 2012.>> JUSTICE, SCIENCE, AND RELATED AGENCIES

                                 TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                      operations and administration

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

[[Page 125 STAT. 592]]

(22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these 
activities without regard to section 5412 of the Omnibus Trade and 
Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose 
of this Act, contributions under the provisions of the Mutual 
Educational and Cultural Exchange Act of 1961 shall include payment for 
assessments for services provided as part of these activities.

                     Bureau of Industry and Security

                      operations and administration

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

                   Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, for trade adjustment 
assistance, for the cost of loan guarantees authorized by section 26 of 
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3721), 
and for grants and loan guarantees authorized by section 27 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722), 
$220,000,000, to remain available until expended; of which $5,000,000 
shall be for projects to facilitate the relocation, to the United 
States, of a source of employment located outside the United States; of 
which up to $5,000,000 shall be for loan guarantees under section 26; 
and of which up to $5,000,000 shall be for loan guarantees and grants 
under section 27:  Provided, That the costs for loan guarantees, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974:  Provided

[[Page 125 STAT. 593]]

further, That these funds for loan guarantees under such sections 26 and 
27 combined are available to subsidize total loan principal, any part of 
which is to be guaranteed, not to exceed $70,000,000.
    Pursuant to section 703 of the Public Works and Economic Development 
Act (42 U.S.C. 3233), for an additional amount for ``Economic 
Development Assistance Programs'' for necessary expenses related to 
disaster relief, long-term recovery, and restoration of infrastructure 
in areas that received a major disaster designation in 2011 pursuant to 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), $200,000,000, to remain available until expended:  
Provided, That such amount is designated by Congress as being for 
disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                          salaries and expenses

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

                  Minority Business Development Agency

                      minority business development

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

                    Economic and Statistical Analysis

                          salaries and expenses

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

                          Bureau of the Census

                          salaries and expenses

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

                     periodic censuses and programs

    For necessary expenses to collect and publish statistics for 
periodic censuses and programs provided for by law, $690,000,000, to 
remain available until September 30, 2013:  Provided, That $635,000,000 
is appropriated from the general fund and $55,000,000 is derived from 
available unobligated balances from the Census Working Capital Fund:  
Provided further, That from amounts provided herein, funds may be used 
for promotion, outreach, and

[[Page 125 STAT. 594]]

marketing activities:  Provided further, That within the amounts 
appropriated, $1,000,000 shall be transferred to the ``Office of 
Inspector General'' account for activities associated with carrying out 
investigations and audits related to the Bureau of the Census.

       National Telecommunications and Information Administration

                          salaries and expenses

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

     public telecommunications facilities, planning and construction

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

                United States Patent and Trademark Office

                          salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the United States Patent and Trademark 
Office (USPTO) provided for by law, including defense of suits 
instituted against the Under Secretary of Commerce for Intellectual 
Property and Director of the USPTO, $2,706,313,000 to remain available 
until expended:  Provided, That the sum herein appropriated from the 
general fund shall be reduced as offsetting collections of fees and 
surcharges assessed and collected by the USPTO under any law are 
received during fiscal year 2012, so as to result in a fiscal year 2012 
appropriation from the general fund estimated at $0:  Provided further, 
That during fiscal year 2012, should the total amount of such offsetting 
collections be less than $2,706,313,000 this amount shall be reduced 
accordingly:  Provided further, That any amount received in excess of 
$2,706,313,000 in fiscal year 2012 and deposited in the Patent and 
Trademark Fee Reserve Fund shall remain available until expended:  
Provided further, <<NOTE: Spending plan.>> That the Director of USPTO 
shall submit a spending plan to the Committees on Appropriations of the 
House of Representatives and the Senate for any amounts made available 
by the preceding proviso and such spending plan

[[Page 125 STAT. 595]]

shall be treated as a reprogramming under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section:  Provided 
further, That from amounts provided herein, not to exceed $900 shall be 
made available in fiscal year 2012 for official reception and 
representation expenses:  Provided further, That in fiscal year 2012 
from the amounts made available for ``Salaries and Expenses'' for the 
USPTO, the amounts necessary to pay (1) the difference between the 
percentage of basic pay contributed by the USPTO and employees under 
section 8334(a) of title 5, United States Code, and the normal cost 
percentage (as defined by section 8331(17) of that title) as provided by 
the Office of Personnel Management (OPM) for USPTO's specific use, of 
basic pay, of employees subject to subchapter III of chapter 83 of that 
title, and (2) the present value of the otherwise unfunded accruing 
costs, as determined by OPM for USPTO's specific use of post-retirement 
life insurance and post-retirement health benefits coverage for all 
USPTO employees who are enrolled in Federal Employees Health Benefits 
(FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be 
transferred to the Civil Service Retirement and Disability Fund, the 
Employees Life Insurance Fund, and the Employees Health Benefits Fund, 
as appropriate, and shall be available for the authorized purposes of 
those accounts:  Provided further, That any differences between the 
present value factors published in OPM's yearly 300 series benefit 
letters and the factors that OPM provides for USPTO's specific use shall 
be recognized as an imputed cost on USPTO's financial statements, where 
applicable:  Provided further, That, notwithstanding any other provision 
of law, all fees and surcharges assessed and collected by USPTO are 
available for USPTO only pursuant to section 42(c) of title 35, United 
States Code, as amended by section 22 of the Leahy-Smith America Invents 
Act (Public Law 112-29):  Provided further, That within the amounts 
appropriated, $1,000,000 shall be transferred to the ``Office of 
Inspector General'' account for activities associated with carrying out 
investigations and audits related to the USPTO.

             National Institute of Standards and Technology

             scientific and technical research and services

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

                     industrial technology services

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

                   construction of research facilities

    For construction of new research facilities, including architectural 
and engineering design, and for renovation and maintenance of existing 
facilities, not otherwise provided for the National Institute of 
Standards and Technology, as authorized by 15 U.S.C.

[[Page 125 STAT. 596]]

278c-278e, $55,381,000, to remain available until <<NOTE: Budget 
estimate.>> expended:  Provided, <<NOTE: 15 USC 1513b note.>> That the 
Secretary of Commerce shall include in the budget justification 
materials that the Secretary submits to Congress in support of the 
Department of Commerce budget (as submitted with the budget of the 
President under section 1105(a) of title 31, United States Code) an 
estimate for each National Institute of Standards and Technology 
construction project having a total multi-year program cost of more than 
$5,000,000 and simultaneously the budget justification materials shall 
include an estimate of the budgetary requirements for each such project 
for each of the five subsequent fiscal years.

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                      (including transfer of funds)

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

    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for the medical care of retired personnel and

[[Page 125 STAT. 597]]

their dependents under the Dependents Medical Care Act (10 U.S.C. 55), 
such sums as may be necessary.

                procurement, acquisition and construction

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

                     pacific coastal salmon recovery

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

[[Page 125 STAT. 598]]

                      fishermen's contingency fund

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

                    fisheries finance program account

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

                         Departmental Management

                          salaries and expenses

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

                      renovation and modernization

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

                       office of inspector general

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

               General Provisions--Department of Commerce

                         (including rescission)

    Sec. 101.  <<NOTE: Certification.>> During the current fiscal year, 
applicable appropriations and funds made available to the Department of 
Commerce by this Act shall be available for the activities specified in 
the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the 
manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may 
be used for advanced payments not otherwise authorized only upon the 
certification of officials designated by the Secretary of Commerce that 
such payments are in the public interest.

    Sec. 102.  During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).

[[Page 125 STAT. 599]]

    Sec. 103.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers:  Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section:  Provided 
further, <<NOTE: Notification. Deadlines.>> That the Secretary of 
Commerce shall notify the Committees on Appropriations at least 15 days 
in advance of the acquisition or disposal of any capital asset 
(including land, structures, and equipment) not specifically provided 
for in this Act or any other law appropriating funds for the Department 
of Commerce.

    Sec. 104.  Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to funding 
reductions included in this title or from actions taken for the care and 
protection of loan collateral or grant property shall be absorbed within 
the total budgetary resources available to such department or agency:  
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act:  Provided 
further, That use of funds to carry out this section shall be treated as 
a reprogramming of funds under section 505 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 105. <<NOTE: Deadlines. Definitions. 33 USC 878a.>> (a) For 
purposes of this section--
            (1) the term ``Under Secretary'' means Under Secretary of 
        Commerce for Oceans and Atmosphere;
            (2) the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Appropriations and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate; and
                    (B) the Committee on Appropriations and the 
                Committee on Science, Space and Technology of the House 
                of Representatives;
            (3) the term ``satellite'' means the satellites proposed to 
        be acquired for the National Oceanic and Atmospheric 
        Administration (NOAA);
            (4) the term ``development'' means the phase of a program 
        following the formulation phase and beginning with the approval 
        to proceed to implementation, as defined in NOAA Administrative 
        Order 216-108, Department of Commerce Administrative Order 208-
        3, and NASA's Procedural Requirements 7120.5c, dated March 22, 
        2005;
            (5) the term ``development cost'' means the total of all 
        costs, including construction of facilities and civil servant 
        costs, from the period beginning with the approval to proceed to 
        implementation through the achievement of operational readiness, 
        without regard to funding source or management control, for the 
        life of the program;
            (6) the term ``life-cycle cost'' means the total of the 
        direct, indirect, recurring, and nonrecurring costs, including 
        the construction of facilities and civil servant costs, and 
        other related expenses incurred or estimated to be incurred in 
        the

[[Page 125 STAT. 600]]

        design, development, verification, production, operation, 
        maintenance, support, and retirement of a program over its 
        planned lifespan, without regard to funding source or management 
        control;
            (7) the term ``major program'' means an activity approved to 
        proceed to implementation that has an estimated life-cycle cost 
        of more than $250,000,000; and
            (8) the term ``baseline'' means the program as set following 
        contract award and preliminary design review of the space and 
        ground systems.

    (b)(1) <<NOTE: Contracts. Determination.>> NOAA shall not enter into 
a contract for development of a major program, unless the Under 
Secretary determines that--
                    (A) the technical, cost, and schedule risks of the 
                program are clearly identified and the program has 
                developed a plan to manage those risks;
                    (B) the technologies required for the program have 
                been demonstrated in a relevant laboratory or test 
                environment;
                    (C) the program complies with all relevant policies, 
                regulations, and directives of NOAA and the Department 
                of Commerce;
                    (D) the program has demonstrated a high likelihood 
                of accomplishing its intended goals; and
                    (E) the acquisition of satellites for use in the 
                program represents a good value to accomplishing NOAA's 
                mission.
            (2) <<NOTE: Reports.>> The Under Secretary shall transmit a 
        report describing the basis for the determination required under 
        paragraph (1) to the appropriate congressional committees at 
        least 30 days before entering into a contract for development 
        under a major program.
            (3) The Under Secretary may not delegate the determination 
        requirement under this subsection, except in cases in which the 
        Under Secretary has a conflict of interest.

    (c)(1) <<NOTE: Reports.>> Annually, at the same time as the 
President's annual budget submission to the Congress, the Under 
Secretary shall transmit to the appropriate congressional committees a 
report that includes the information required by this section for the 
satellite development program for which NOAA proposes to expend funds in 
the subsequent fiscal year. The report under this paragraph shall be 
known as the Major Program Annual Report.
            (2) The first Major Program Annual Report for NOAA's 
        satellite development program shall include a Baseline Report 
        that shall, at a minimum, include--
                    (A) the purposes of the program and key technical 
                characteristics necessary to fulfill those purposes;
                    (B) an estimate of the life-cycle cost for the 
                program, with a detailed breakout of the development 
                cost, program reserves, and an estimate of the annual 
                costs until development is completed;
                    (C) the schedule for development, including key 
                program milestones;
                    (D) the plan for mitigating technical, cost, and 
                schedule risks identified in accordance with subsection 
                (b)(1)(A); and
                    (E) the name of the person responsible for making 
                notifications under subsection (d), who shall be an 
                individual whose primary responsibility is overseeing 
                the program.

[[Page 125 STAT. 601]]

            (3) For the major program for which a Baseline Report has 
        been submitted, subsequent Major Program Annual Reports shall 
        describe any changes to the information that had been provided 
        in the Baseline Report, and the reasons for those changes.

    (d)(1) <<NOTE: Notifications.>> The individual identified under 
subsection (c)(2)(E) shall immediately notify the Under Secretary any 
time that individual has reasonable cause to believe that, for the major 
program for which he or she is responsible, the development cost of the 
program has exceeded the estimate provided in the Baseline Report of the 
program by 20 percent or more.
            (2) Not later than 30 days after the notification required 
        under paragraph (1), the individual identified under subsection 
        (c)(2)(E) shall transmit to the Under Secretary a written 
        notification explaining the reasons for the change in the cost 
        of the program for which notification was provided under 
        paragraph (1).
            (3) Not later than 15 days after the Under Secretary 
        receives a written notification under paragraph (2), the Under 
        Secretary shall transmit the notification to the appropriate 
        congressional committees.

    (e) <<NOTE: Notifications. Determination.>> Not later than 30 days 
after receiving a written notification under subsection (d)(2), the 
Under Secretary shall determine whether the development cost of the 
program has exceeded the estimate provided in the Baseline Report of the 
program by 20 percent or more. If the determination is affirmative, the 
Under Secretary shall--
            (1) <<NOTE: Reports.>> transmit to the appropriate 
        congressional committees, not later than 15 days after making 
        the determination, a report that includes--
                    (A) a description of the increase in cost and a 
                detailed explanation for the increase;
                    (B) a description of actions taken or proposed to be 
                taken in response to the cost increase; and
                    (C) a description of any impacts the cost increase, 
                or the actions described under subparagraph (B), will 
                have on any other program within NOAA; and
            (2) if the Under Secretary intends to continue with the 
        program, promptly initiate an analysis of the program, which 
        shall include, at a minimum--
                    (A) the projected cost and schedule for completing 
                the program if current requirements of the program are 
                not modified;
                    (B) the projected cost and the schedule for 
                completing the program after instituting the actions 
                described under paragraph (1)(B); and
                    (C) a description of, and the projected cost and 
                schedule for, a broad range of alternatives to the 
                program.

    (f) NOAA shall complete an analysis initiated under paragraph (2) 
not later than 6 months after the Under Secretary makes a determination 
under this subsection. The Under Secretary shall transmit the analysis 
to the appropriate congressional committees not later than 30 days after 
its completion.
    Sec. 106.  Notwithstanding any other law, the Secretary may furnish 
services (including but not limited to utilities, telecommunications, 
and security services) necessary to support the operation, maintenance, 
and improvement of space that persons, firms or

[[Page 125 STAT. 602]]

organizations are authorized pursuant to the Public Buildings 
Cooperative Use Act of 1976 or other authority to use or occupy in the 
Herbert C. Hoover Building, Washington, DC, or other buildings, the 
maintenance, operation, and protection of which has been delegated to 
the Secretary from the Administrator of General Services pursuant to the 
Federal Property and Administrative Services Act of 1949, as amended, on 
a reimbursable or non-reimbursable basis. Amounts received as 
reimbursement for services provided under this section or the authority 
under which the use or occupancy of the space is authorized, up to 
$200,000, shall be credited to the appropriation or fund which initially 
bears the costs of such services.
    Sec. 107.  Nothing in this title shall be construed to prevent a 
grant recipient from deterring child pornography, copyright 
infringement, or any other unlawful activity over its networks.
    Sec. 108.  The Administrator of the National Oceanic and Atmospheric 
Administration is authorized to use, with their consent, with 
reimbursement and subject to the limits of available appropriations, the 
land, services, equipment, personnel, and facilities of any department, 
agency or instrumentality of the United States, or of any State, local 
government, Indian tribal government, Territory or possession, or of any 
political subdivision thereof, or of any foreign government or 
international organization for purposes related to carrying out the 
responsibilities of any statute administered by the National Oceanic and 
Atmospheric Administration.

                              (rescission)

    Sec. 109.  <<NOTE: 16 USC 1456a note.>> All balances in the Coastal 
Zone Management Fund, whether unobligated or unavailable, are hereby 
permanently rescinded, and notwithstanding section 308(b) of the Coastal 
Zone Management Act of 1972, as amended (16 U.S.C. 1456a), any future 
payments to the Fund made pursuant to sections 307 (16 U.S.C. 1456) and 
308 (16 U.S.C. 1456a) of the Coastal Zone Management Act of 1972, as 
amended, shall, in this fiscal year and any future fiscal years, be 
treated in accordance with the Federal Credit Reform Act of 1990, as 
amended.

    Sec. 110.  <<NOTE: 16 USC 1861 note.>> There is established in the 
Treasury a non-interest bearing fund to be known as the ``Fisheries 
Enforcement Asset Forfeiture Fund'', which shall consist of all sums 
received as fines, penalties, and forfeitures of property for violations 
of any provisions of 16 U.S.C. chapter 38 or of any other marine 
resource law enforced by the Secretary of Commerce, including the Lacey 
Act Amendments of 1981 (16 U.S.C. 3371 et seq.) and with the exception 
of collections pursuant to 16 U.S.C. 1437, which are currently deposited 
in the Operations, Research, and Facilities account:  Provided, That all 
unobligated balances that have been collected pursuant to 16 U.S.C. 1861 
or any other marine resource law enforced by the Secretary of Commerce 
with the exception of 16 U.S.C. 1437 shall be transferred from the 
Operations, Research, and Facilities account into the Fisheries 
Enforcement Asset Forfeiture Fund and shall remain available until 
expended.

    Sec. 111.  <<NOTE: 16 USC 1861 note.>> There is established in the 
Treasury a non-interest bearing fund to be known as the ``Sanctuaries 
Enforcement Asset Forfeiture Fund'', which shall consist of all sums 
received as fines, penalties, and forfeitures of property for violations 
of any provisions of 16 U.S.C. chapter 38, which are currently deposited 
in the

[[Page 125 STAT. 603]]

Operations, Research, and Facilities account:  Provided, That all 
unobligated balances that have been collected pursuant to 16 U.S.C. 1437 
shall be transferred from the Operations, Research, and Facilities 
account into the Sanctuaries Enforcement Asset Forfeiture Fund and shall 
remain available until expended.

    Sec. 112.  <<NOTE: Deadline. Reports.>> The Department of Commerce 
shall provide a monthly report to the Committees on Appropriations of 
the House of Representatives and the Senate, beginning with October 2011 
data, on any official travel to China by any employee of the U.S. 
Department of Commerce, including the purpose of such travel.

    Sec. 113. (a) <<NOTE: Fish and fishing. Maritime affairs.>> The U.S. 
Participating Territories of the Commission for the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and Central 
Pacific Ocean (``Commission'') are each authorized to use, assign, 
allocate, and manage catch limits of highly migratory fish stocks, or 
fishing effort limits, agreed to by the Commission through arrangements 
with U.S. vessels with permits issued under the Pelagics Fishery 
Management Plan of the Western Pacific Region. Vessels under such 
arrangements are integral to the domestic fisheries of the U.S. 
Participating Territories provided that such arrangements shall impose 
no requirements regarding where such vessels must fish or land their 
catch and shall be funded by deposits to the Western Pacific Sustainable 
Fisheries Fund in support of fisheries development projects identified 
in a Territory's Marine Conservation Plan and adopted pursuant to 
section 204 of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1824). The Secretary of Commerce shall attribute catches 
made by vessels operating under such arrangements to the U.S. 
Participating Territories for the purposes of annual reporting to the 
Commission.

    (b) The Western Pacific Regional Fisheries Management Council--
            (1) is authorized to accept and deposit into the Western 
        Pacific Sustainable Fisheries Fund funding for arrangements 
        pursuant to subsection (a);
            (2) shall use amounts deposited under paragraph (1) that are 
        attributable to a particular U.S. Participating Territory only 
        for implementation of that Territory's Marine Conservation Plan 
        adopted pursuant to section 204 of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1824); and
            (3) <<NOTE: Recommenda- tions.>> shall recommend an 
        amendment to the Pelagics Fishery Management Plan for the 
        Western Pacific Region, and associated regulations, to implement 
        this section.

    (c) <<NOTE: Termination date.>> Subsection (a) shall remain in 
effect until the earlier of December 31, 2012, or such time as--
            (1) the Western Pacific Regional Fishery Management Council 
        recommends an amendment to the Pelagics Fishery Management Plan 
        for the Western Pacific Region, and implementing regulations, to 
        the Secretary of Commerce that authorize use, assignment, 
        allocation, and management of catch limits of highly migratory 
        fish stocks, or fishing effort limits, established by the 
        Commission and applicable to U.S. Participating Territories;
            (2) the Secretary of Commerce approves the amendment as 
        recommended; and
            (3) such implementing regulations become effective.

[[Page 125 STAT. 604]]

    This title may be cited as the ``Department of Commerce 
Appropriations Act, 2012''.

TITLE <<NOTE: Department of Justice Appropriations Act, 2012.>> II

                          DEPARTMENT OF JUSTICE

                         General Administration

                          salaries and expenses

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

                    national drug intelligence center

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

                 justice information sharing technology

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

            tactical law enforcement wireless communications

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

                    administrative review and appeals

                      (including transfer of funds)

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

                            detention trustee

    For necessary expenses of the Federal Detention Trustee, 
$1,580,595,000, to remain available until expended:  Provided, That the 
Trustee shall be responsible for managing the Justice Prisoner and Alien 
Transportation System:  Provided further, That not to exceed $20,000,000 
shall be considered ``funds appropriated for State

[[Page 125 STAT. 605]]

and local law enforcement assistance'' pursuant to 18 U.S.C. 4013(b).

                       office of inspector general

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

                     United States Parole Commission

                          salaries and expenses

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

                            Legal Activities

             salaries and expenses, general legal activities

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

                salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $159,587,000, to remain available until expended:

[[Page 125 STAT. 606]]

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

             salaries and expenses, united states attorneys

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

                    united states trustee system fund

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

       salaries and expenses, foreign claims settlement commission

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

                     fees and expenses of witnesses

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

[[Page 125 STAT. 607]]

to store and retrieve the identities and locations of protected 
witnesses.

           salaries and expenses, community relations service

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

                         assets forfeiture fund

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

                     United States Marshals Service

                          salaries and expenses

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

                              construction

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

                       National Security Division

                          salaries and expenses

    For expenses necessary to carry out the activities of the National 
Security Division, $87,000,000; of which not to exceed $5,000,000 for 
information technology systems shall remain available until expended:  
Provided, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for the activities of the National Security 
Division, the Attorney General may transfer such amounts to this heading 
from available appropriations for the current fiscal year for the 
Department of Justice, as may

[[Page 125 STAT. 608]]

be necessary to respond to such circumstances:  Provided further, That 
any transfer pursuant to the preceding proviso shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.

                       Interagency Law Enforcement

                 interagency crime and drug enforcement

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

                     Federal Bureau of Investigation

                          salaries and expenses

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

                              construction

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

                     Drug Enforcement Administration

                          salaries and expenses

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

[[Page 125 STAT. 609]]

                              construction

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

           Bureau of Alcohol, Tobacco, Firearms and Explosives

                          salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, for training of State and local law enforcement agencies 
with or without reimbursement, including training in connection with the 
training and acquisition of canines for explosives and fire accelerants 
detection; and for provision of laboratory assistance to State and local 
law enforcement agencies, with or without reimbursement, $1,152,000,000, 
of which not to exceed $36,000 shall be for official reception and 
representation expenses, not to exceed $1,000,000 shall be available for 
the payment of attorneys' fees as provided by section 924(d)(2) of title 
18, United States Code, and not to exceed $15,000,000 shall remain 
available until expended:  Provided, <<NOTE: 18 USC 923 note.>> That no 
funds appropriated herein or hereafter shall be available for salaries 
or administrative expenses in connection with consolidating or 
centralizing, within the Department of Justice, the records, or any 
portion thereof, of acquisition and disposition of firearms maintained 
by Federal firearms licensees:  Provided further, That no funds 
appropriated herein shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to 27 CFR 478.118 or to change the 
definition of ``Curios or relics'' in 27 CFR 478.11 or remove any item 
from ATF Publication 5300.11 as it existed on January 1, 1994:  Provided 
further, That none of the funds appropriated herein shall be available 
to investigate or act upon applications for relief from Federal firearms 
disabilities under 18 U.S.C. 925(c):  Provided further, That such funds 
shall be available to investigate and act upon applications filed by 
corporations for relief from Federal firearms disabilities under section 
925(c) of title 18, United States Code:  Provided further, That no funds 
made available by this or any other Act may be used to transfer the 
functions, missions, or activities of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to other agencies or Departments:  Provided 
further, <<NOTE: 18 USC 923 note.>> That, during the current fiscal year 
and in each fiscal year thereafter, no funds appropriated under this or 
any other Act may be used to disclose part or all of the contents of the 
Firearms Trace System database maintained by the National Trace Center 
of the Bureau of Alcohol, Tobacco, Firearms and Explosives or any 
information required to be kept by licensees pursuant to section 923(g) 
of title 18, United States Code, or required to be reported pursuant to 
paragraphs (3) and (7) of such section, except to: (1) a Federal, State, 
local, or tribal law enforcement agency, or a Federal, State, or local 
prosecutor; or (2) a foreign law enforcement agency solely in connection 
with or for use in a criminal investigation or prosecution; or (3) a 
Federal agency for a national security or intelligence purpose; unless 
such disclosure of such data to any of the entities

[[Page 125 STAT. 610]]

described in (1), (2) or (3) of this proviso would compromise the 
identity of any undercover law enforcement officer or confidential 
informant, or interfere with any case under investigation; and no person 
or entity described in (1), (2) or (3) shall knowingly and publicly 
disclose such data; and all such data shall be immune from legal 
process, shall not be subject to subpoena or other discovery, shall be 
inadmissible in evidence, and shall not be used, relied on, or disclosed 
in any manner, nor shall testimony or other evidence be permitted based 
on the data, in a civil action in any State (including the District of 
Columbia) or Federal court or in an administrative proceeding other than 
a proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms and 
Explosives to enforce the provisions of chapter 44 of such title, or a 
review of such an action or proceeding; except that this proviso shall 
not be construed to prevent: (A) the disclosure of statistical 
information concerning total production, importation, and exportation by 
each licensed importer (as defined in section 921(a)(9) of such title) 
and licensed manufacturer (as defined in section 921(a)(10) of such 
title); (B) the sharing or exchange of such information among and 
between Federal, State, local, or foreign law enforcement agencies, 
Federal, State, or local prosecutors, and Federal national security, 
intelligence, or counterterrorism officials; or (C) the publication of 
annual statistical reports on products regulated by the Bureau of 
Alcohol, Tobacco, Firearms and Explosives, including total production, 
importation, and exportation by each licensed importer (as so defined) 
and licensed manufacturer (as so defined), or statistical aggregate data 
regarding firearms traffickers and trafficking channels, or firearms 
misuse, felons, and trafficking investigations:  Provided further, That 
no funds made available by this or any other Act shall be expended to 
promulgate or implement any rule requiring a physical inventory of any 
business licensed under section 923 of title 18, United States Code:  
Provided further, That, <<NOTE: 18 USC 923 note.>> hereafter, no funds 
made available by this or any other Act may be used to electronically 
retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or 
any personal identification code:  Provided further, That no funds 
authorized or made available under this or any other Act may be used to 
deny any application for a license under section 923 of title 18, United 
States Code, or renewal of such a license due to a lack of business 
activity, provided that the applicant is otherwise eligible to receive 
such a license, and is eligible to report business income or to claim an 
income tax deduction for business expenses under the Internal Revenue 
Code of 1986.

                          Federal Prison System

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, including purchase (not to exceed 835, of 
which 808 are for replacement only) and hire of law enforcement and 
passenger motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$6,551,281,000:  Provided, <<NOTE: 42 USC 250a.>> That the Attorney 
General may

[[Page 125 STAT. 611]]

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

                        buildings and facilities

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

                 federal prison industries, incorporated

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

[[Page 125 STAT. 612]]

   limitation on administrative expenses, federal prison industries, 
                              incorporated

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

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women, as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the 
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 
Act''); the Prosecutorial Remedies and Other Tools to end the 
Exploitation of Children Today Act of 2003 (Public Law 108-21); the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); and for related victims 
services, $412,500,000, to remain available until expended:  Provided, 
That except as otherwise provided by law, not to exceed 3 percent of 
funds made available under this heading may be used for expenses related 
to evaluation, training, and technical assistance:  Provided 
further, <<NOTE: Grants.>> That of the amount provided--
            (1) $189,000,000 is for grants to combat violence against 
        women, as authorized by part T of the 1968 Act;
            (2) $25,000,000 is for transitional housing assistance 
        grants for victims of domestic violence, stalking or sexual 
        assault as authorized by section 40299 of the 1994 Act;
            (3) $3,000,000 is for the National Institute of Justice for 
        research and evaluation of violence against women and related 
        issues addressed by grant programs of the Office on Violence 
        Against Women;
            (4) $10,000,000 is for a grant program to provide services 
        to advocate for and respond to youth victims of domestic 
        violence, dating violence, sexual assault, and stalking; 
        assistance to children and youth exposed to such violence; 
        programs to engage men and youth in preventing such violence; 
        and

[[Page 125 STAT. 613]]

        assistance to middle and high school students through education 
        and other services related to such violence:  Provided, That 
        unobligated balances available for the programs authorized by 
        sections 41201, 41204, 41303 and 41305 of the 1994 Act shall be 
        available for this program:  Provided further, That 10 percent 
        of the total amount available for this grant program shall be 
        available for grants under the program authorized by section 
        2015 of the 1968 Act;
            (5) $50,000,000 is for grants to encourage arrest policies 
        as authorized by part U of the 1968 Act, of which $4,000,000 is 
        for a homicide reduction initiative;
            (6) $23,000,000 is for sexual assault victims assistance, as 
        authorized by section 41601 of the 1994 Act;
            (7) $34,000,000 is for rural domestic violence and child 
        abuse enforcement assistance grants, as authorized by section 
        40295 of the 1994 Act;
            (8) $9,000,000 is for grants to reduce violent crimes 
        against women on campus, as authorized by section 304 of the 
        2005 Act;
            (9) $41,000,000 is for legal assistance for victims, as 
        authorized by section 1201 of the 2000 Act;
            (10) $4,250,000 is for enhanced training and services to end 
        violence against and abuse of women in later life, as authorized 
        by section 40802 of the 1994 Act;
            (11) $11,500,000 is for the safe havens for children 
        program, as authorized by section 1301 of the 2000 Act;
            (12) $5,750,000 is for education and training to end 
        violence against and abuse of women with disabilities, as 
        authorized by section 1402 of the 2000 Act;
            (13) $4,500,000 is for the court training and improvements 
        program, as authorized by section 41002 of the 1994 Act;
            (14) $1,000,000 is for the National Resource Center on 
        Workplace Responses to assist victims of domestic violence, as 
        authorized by section 41501 of the 1994 Act;
            (15) $1,000,000 is for analysis and research on violence 
        against Indian women, including as authorized by section 904 of 
        the 2005 Act; and
            (16) <<NOTE: Establishment.>> $500,000 is for the Office on 
        Violence Against Women to establish a national clearinghouse 
        that provides training and technical assistance on issues 
        relating to sexual assault of American Indian and Alaska Native 
        women.

                       Office of Justice Programs

                  research, evaluation, and statistics

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency 
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's 
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and 
Other Tools to end the Exploitation of Children Today Act of 2003 
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); the 
Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second 
Chance Act of 2007 (Public Law

[[Page 125 STAT. 614]]

110-199); the Victims of Crime Act of 1984 (Public Law 98-473); the Adam 
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) 
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public 
Law 110-401); subtitle D of title II of the Homeland Security Act of 
2002 (Public Law 107-296) (``the 2002 Act''); and other programs; 
$113,000,000, to remain available until expended, of which--
            (1) $45,000,000 is for criminal justice statistics programs, 
        and other activities, as authorized by part C of title I of the 
        1968 Act, of which $36,000,000 is for the administration and 
        redesign of the National Crime Victimization Survey;
            (2) $40,000,000 is for research, development, and evaluation 
        programs, and other activities as authorized by part B of title 
        I of the 1968 Act and subtitle D of title II of the 2002 Act:  
        Provided, That of the amounts provided under this heading, 
        $5,000,000 is transferred directly to the National Institute of 
        Standards and Technology's Office of Law Enforcement Standards 
        from the National Institute of Justice for research, testing and 
        evaluation programs;
            (3) $1,000,000 is for an evaluation clearinghouse program; 
        and
            (4) $27,000,000 is for regional information sharing 
        activities, as authorized by part M of title I of the 1968 Act.

               state and local law enforcement assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of 
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims 
Protection Reauthorization Act of 2005 (Public Law 109-164); the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child 
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh 
Act''); the Victims of Trafficking and Violence Protection Act of 2000 
(Public Law 106-386); the NICS Improvement Amendments Act of 2007 
(Public Law 110-180); subtitle D of title II of the Homeland Security 
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance 
Act of 2007 (Public Law 110-199); the Prioritizing Resources and 
Organization for Intellectual Property Act of 2008 (Public Law 110-403); 
the Victims of Crime Act of 1984 (Public Law 98-473); the Mentally Ill 
Offender Treatment and Crime Reduction Reauthorization and Improvement 
Act of 2008 (Public Law 110-416); and other programs; $1,162,500,000, to 
remain available until expended as follows--
            (1) $470,000,000 for the Edward Byrne Memorial Justice 
        Assistance Grant program as authorized by subpart 1 of part E of 
        title I of the 1968 Act (except that section 1001(c), and the 
        special rules for Puerto Rico under section 505(g), of title I 
        of the 1968 Act shall not apply for purposes of this Act), of 
        which, notwithstanding such subpart 1, $2,000,000 is for a 
        program to improve State and local law enforcement intelligence 
        capabilities including antiterrorism training and training to 
        ensure that constitutional rights, civil liberties,

[[Page 125 STAT. 615]]

        civil rights, and privacy interests are protected throughout the 
        intelligence process, $4,000,000 is for a State and local 
        assistance help desk and diagnostic center program, $2,000,000 
        is for a Preventing Violence Against Law Enforcement Officer 
        Resilience and Survivability Initiative (VALOR), $4,000,000 is 
        for use by the National Institute of Justice for research 
        targeted toward developing a better understanding of the 
        domestic radicalization phenomenon, and advancing evidence-based 
        strategies for effective intervention and prevention, $6,000,000 
        is for activities related to comprehensive criminal justice 
        reform and recidivism reduction efforts by States, and 
        $100,000,000 is for law enforcement and related security costs, 
        including overtime, associated with the two principal 2012 
        Presidential Candidate Nominating Conventions;
            (2) $240,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 241(i)(5) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(i)(5)):  Provided, That no 
        jurisdiction shall request compensation for any cost greater 
        than the actual cost for Federal immigration and other detainees 
        housed in State and local detention facilities;
            (3) $10,000,000 for a border prosecutor initiative to 
        reimburse State, county, parish, tribal, or municipal 
        governments for costs associated with the prosecution of 
        criminal cases declined by local offices of the United States 
        Attorneys;
            (4) $15,000,000 for competitive grants to improve the 
        functioning of the criminal justice system, to prevent or combat 
        juvenile delinquency, and to assist victims of crime (other than 
        compensation);
            (5) $10,500,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386 and for programs authorized under Public Law 109-164;
            (6) $35,000,000 for Drug Courts, as authorized by section 
        1001(a)(25)(A) of title I of the 1968 Act;
            (7) $9,000,000 for mental health courts and adult and 
        juvenile collaboration program grants, as authorized by parts V 
        and HH of title I of the 1968 Act, and the Mentally Ill Offender 
        Treatment and Crime Reduction Reauthorization and Improvement 
        Act of 2008 (Public Law 110-416);
            (8) $10,000,000 for grants for Residential Substance Abuse 
        Treatment for State Prisoners, as authorized by part S of title 
        I of the 1968 Act;
            (9) $3,000,000 for the Capital Litigation Improvement Grant 
        Program, as authorized by section 426 of Public Law 108-405, and 
        for grants for wrongful conviction review;
            (10) $7,000,000 for economic, high technology and Internet 
        crime prevention grants, including as authorized by section 401 
        of Public Law 110-403;
            (11) $4,000,000 for a student loan repayment assistance 
        program pursuant to section 952 of Public Law 110-315;
            (12) $20,000,000 for sex offender management assistance, as 
        authorized by the Adam Walsh Act and the Violent Crime Control 
        Act of 1994 (Public Law 103-322) and related activities;
            (13) $10,000,000 for an initiative relating to children 
        exposed to violence;
            (14) $15,000,000 for an Edward Byrne Memorial criminal 
        justice innovation program;

[[Page 125 STAT. 616]]

            (15) $24,000,000 for the matching grant program for law 
        enforcement armor vests, as authorized by section 2501 of title 
        I of the 1968 Act:  Provided, That $1,500,000 is transferred 
        directly to the National Institute of Standards and Technology's 
        Office of Law Enforcement Standards for research, testing and 
        evaluation programs;
            (16) $1,000,000 for the National Sex Offender Public Web 
        site;
            (17) $5,000,000 for competitive and evidence-based programs 
        to reduce gun crime and gang violence;
            (18) $5,000,000 for grants to assist State and tribal 
        governments as authorized by the NICS Improvement Amendments Act 
        of 2007 (Public Law 110-180);
            (19) $6,000,000 for the National Criminal History 
        Improvement Program for grants to upgrade criminal records;
            (20) $12,000,000 for Paul Coverdell Forensic Sciences 
        Improvement Grants under part BB of title I of the 1968 Act;
            (21) $125,000,000 for DNA-related and forensic programs and 
        activities, of which--
                    (A) $117,000,000 is for a DNA analysis and capacity 
                enhancement program and for other local, State, and 
                Federal forensic activities, including the purposes 
                authorized under section 2 of the DNA Analysis Backlog 
                Elimination Act of 2000 (the Debbie Smith DNA Backlog 
                Grant Program);
                    (B) $4,000,000 is for the purposes described in the 
                Kirk Bloodsworth Post-Conviction DNA Testing Program 
                (Public Law 108-405, section 412); and
                    (C) $4,000,000 is for Sexual Assault Forensic Exam 
                Program Grants, including as authorized by section 304 
                of Public Law 108-405;
            (22) $4,500,000 for the court-appointed special advocate 
        program, as authorized by section 217 of the 1990 Act;
            (23) $38,000,000 for assistance to Indian tribes;
            (24) $1,000,000 for the purposes described in the Missing 
        Alzheimer's Disease Patient Alert Program (section 240001 of the 
        1994 Act);
            (25) $7,000,000 for a program to monitor prescription drugs 
        and scheduled listed chemical products;
            (26) $12,500,000 for prison rape prevention and prosecution 
        and other programs, as authorized by the Prison Rape Elimination 
        Act of 2003 (Public Law 108-79); and
            (27) $63,000,000 for offender reentry programs and research, 
        as authorized by the Second Chance Act of 2007 (Public Law 110-
        199), of which not to exceed $4,000,000 is for a program to 
        improve State, local, and tribal probation supervision efforts 
        and strategies:

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

[[Page 125 STAT. 617]]

                        juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act''); the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.); 
the Prosecutorial Remedies and Other Tools to end the Exploitation of 
Children Today Act of 2003 (Public Law 108-21); the Victims of Child 
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam 
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) 
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public 
Law 110-401); and other juvenile justice programs, $262,500,000, to 
remain available until expended as follows--
            (1) $40,000,000 for programs authorized by section 221 of 
        the 1974 Act, and for training and technical assistance to 
        assist small, non-profit organizations with the Federal grants 
        process;
            (2) $78,000,000 for youth mentoring grants;
            (3) $20,000,000 for delinquency prevention, as authorized by 
        section 505 of the 1974 Act, of which, pursuant to sections 261 
        and 262 thereof--
                    (A) $10,000,000 shall be for the Tribal Youth 
                Program;
                    (B) $5,000,000 shall be for gang and youth violence 
                education, prevention and intervention, and related 
                activities; and
                    (C) $5,000,000 shall be for programs and activities 
                to enforce State laws prohibiting the sale of alcoholic 
                beverages to minors or the purchase or consumption of 
                alcoholic beverages by minors, for prevention and 
                reduction of consumption of alcoholic beverages by 
                minors, and for technical assistance and training;
            (4) $18,000,000 for programs authorized by the Victims of 
        Child Abuse Act of 1990;
            (5) $30,000,000 for the Juvenile Accountability Block Grants 
        program as authorized by part R of title I of the 1968 Act and 
        Guam shall be considered a State;
            (6) $8,000,000 for community-based violence prevention 
        initiatives;
            (7) $65,000,000 for missing and exploited children programs, 
        including as authorized by sections 404(b) and 405(a) of the 
        1974 Act;
            (8) $1,500,000 for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act; and
            (9) $2,000,000 for grants and technical assistance in 
        support of the National Forum on Youth Violence Prevention:

  Provided, That not more than 10 percent of each amount may be used for 
research, evaluation, and statistics activities designed to benefit the 
programs or activities authorized:  Provided further, That not more than 
2 percent of each amount may be used for training and technical 
assistance:  Provided further, That the previous two provisos shall not 
apply to grants and projects authorized by sections 261 and 262 of the 
1974 Act.

[[Page 125 STAT. 618]]

                     public safety officer benefits

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

                  Community Oriented Policing Services

              community oriented policing services programs

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

[[Page 125 STAT. 619]]

        including hiring, equipment, training, and anti-methamphetamine 
        activities:  Provided further, That within the amounts 
        appropriated, $10,000,000 is for community policing development 
        activities in furtherance of the purposes in section 1701.

                General Provisions--Department of Justice

    Sec. 201.  In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of not 
to exceed $50,000 from funds appropriated to the Department of Justice 
in this title shall be available to the Attorney General for official 
reception and representation expenses.
    Sec. 202.  <<NOTE: Abortion.>> None of the funds appropriated by 
this title shall be available to pay for an abortion, except where the 
life of the mother would be endangered if the fetus were carried to 
term, or in the case of rape:  Provided, That should this prohibition be 
declared unconstitutional by a court of competent jurisdiction, this 
section shall be null and void.

    Sec. 203.  <<NOTE: Abortion.>> None of the funds appropriated under 
this title shall be used to require any person to perform, or facilitate 
in any way the performance of, any abortion.

    Sec. 204.  <<NOTE: Abortion.>> Nothing in the preceding section 
shall remove the obligation of the Director of the Bureau of Prisons to 
provide escort services necessary for a female inmate to receive such 
service outside the Federal facility:  Provided, That nothing in this 
section in any way diminishes the effect of section 203 intended to 
address the philosophical beliefs of individual employees of the Bureau 
of Prisons.

    Sec. 205.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers:  Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 206.  <<NOTE: Project extension. 5 USC 3104 note.>> The 
Attorney General is authorized to extend through September 30, 2013, the 
Personnel Management Demonstration Project transferred to the Attorney 
General pursuant to section 1115 of the Homeland Security Act of 2002, 
Public Law 107-296 (28 U.S.C. 599B) without limitation on the number of 
employees or the positions covered.

    Sec. 207.  <<NOTE: Investigations. Applicability. 28 USC 533 
note.>> Notwithstanding any other provision of law, Public Law 102-395 
section 102(b) shall extend to the Bureau of Alcohol, Tobacco, Firearms 
and Explosives in the conduct of undercover investigative operations and 
shall apply without fiscal year limitation with respect to any 
undercover investigative operation by the Bureau of Alcohol, Tobacco, 
Firearms and Explosives that is necessary for the detection and 
prosecution of crimes against the United States.

    Sec. 208.  <<NOTE: Prisons and prisoners.>> None of the funds made 
available to the Department of Justice in this Act may be used for the 
purpose of transporting an individual who is a prisoner pursuant to 
conviction for crime under State or Federal law and is classified as a 
maximum or high security prisoner, other than to a prison or other 
facility

[[Page 125 STAT. 620]]

certified by the Federal Bureau of Prisons as appropriately secure for 
housing such a prisoner.

    Sec. 209. (a) <<NOTE: Prisons and prisoners.>> None of the funds 
appropriated by this Act may be used by Federal prisons to purchase 
cable television services, to rent or purchase videocassettes, 
videocassette recorders, or other audiovisual or electronic equipment 
used primarily for recreational purposes.

    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.
    Sec. 210.  <<NOTE: Certification.>> None of the funds made available 
under this title shall be obligated or expended for any new or enhanced 
information technology program having total estimated development costs 
in excess of $100,000,000, unless the Deputy Attorney General and the 
investment review board certify to the Committees on Appropriations that 
the information technology program has appropriate program management 
controls and contractor oversight mechanisms in place, and that the 
program is compatible with the enterprise architecture of the Department 
of Justice.

    Sec. 211.  <<NOTE: Applicability.>> The notification thresholds and 
procedures set forth in section 505 of this Act shall apply to 
deviations from the amounts designated for specific activities in this 
Act and accompanying statement, and to any use of deobligated balances 
of funds provided under this title in previous years.

    Sec. 212.  None of the funds appropriated by this Act may be used to 
plan for, begin, continue, finish, process, or approve a public-private 
competition under the Office of Management and Budget Circular A-76 or 
any successor administrative regulation, directive, or policy for work 
performed by employees of the Bureau of Prisons or of Federal Prison 
Industries, Incorporated.
    Sec. 213. <<NOTE: Deadline. Reports.>> (a) Within 120 days of 
enactment of this Act, the Attorney General shall report to the 
Committees on Appropriations of the House of Representatives and the 
Senate a cost and schedule estimate for the final operating capability 
of the Federal Bureau of Investigation's Sentinel program, including the 
costs of Bureau employees engaged in development work, the costs of 
operating and maintaining Sentinel for 2 years after achievement of the 
final operating capability, and a detailed list of the functionalities 
included in the final operating capability compared to the 
functionalities included in the previous program baseline.

    (b) <<NOTE: Assessment.>> The report described in subsection (a) 
shall be submitted concurrently to the Department of Justice Office of 
Inspector General (OIG) and, within 60 days of receiving such report, 
the OIG shall provide an assessment of such report to the Committees on 
Appropriations of the House of Representatives and the Senate.

    Sec. 214.  Notwithstanding any other provision of law, no funds 
shall be available for the salary, benefits, or expenses of any United 
States Attorney assigned dual or additional responsibilities by the 
Attorney General or his designee that exempt that United States Attorney 
from the residency requirements of 28 U.S.C. 545.
    Sec. 215.  At the discretion of the Attorney General, and in 
addition to any amounts that otherwise may be available (or authorized 
to be made available) by law, with respect to funds appropriated by this 
title under the headings ``Research, Evaluation, and Statistics'', 
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice 
Programs''--

[[Page 125 STAT. 621]]

            (1) Up to 3 percent of funds made available to the Office of 
        Justice Programs for grant or reimbursement programs may be used 
        by such Office to provide training and technical assistance; and
            (2) Up to 2 percent of funds made available for grant or 
        reimbursement programs under such headings, except for amounts 
        appropriated specifically for research, evaluation, or 
        statistical programs administered by the National Institute of 
        Justice and the Bureau of Justice Statistics, shall be 
        transferred to and merged with funds provided to the National 
        Institute of Justice and the Bureau of Justice Statistics, to be 
        used by them for research, evaluation or statistical purposes, 
        without regard to the authorizations for such grant or 
        reimbursement programs, and of such amounts, $1,300,000 shall be 
        transferred to the Bureau of Prisons for Federal inmate research 
        and evaluation purposes.

    Sec. 216.  <<NOTE: Determination. Waiver authority.>> The Attorney 
General may, upon request by a grantee and based upon a determination of 
fiscal hardship, waive the requirements of sections 2976(g)(1), 
2978(e)(1) and (2), and 2904 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1), 3797w-2(e)(1) and (2), 
3797q-3) with respect to funds appropriated in this or any other Act 
making appropriations for fiscal years 2010 through 2012 for Adult and 
Juvenile Offender State and Local Reentry Demonstration Projects and 
State, Tribal, and Local Reentry Courts authorized under part FF of 
title I of such Act of 1968, and the Prosecution Drug Treatment 
Alternatives to Prison Program authorized under part CC of such Act.

    Sec. 217.  Notwithstanding any other provision of law, section 
20109(a), in subtitle A of title II of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13709(a)), shall not apply to amounts 
made available by this title.
    Sec. 218.  Section 530A of title 28, United States Code, is hereby 
amended by replacing ``appropriated'' with ``used from appropriations'', 
and by inserting ``(2),'' before ``(3)''.
    Sec. 219.  <<NOTE: Firearms.>> None of the funds made available 
under this Act, other than for the national instant criminal background 
check system established under section 103 of the Brady Handgun Violence 
Prevention Act, may be used by a Federal law enforcement officer to 
facilitate the transfer of an operable firearm to an individual if the 
Federal law enforcement officer knows or suspects that the individual is 
an agent of a drug cartel, unless law enforcement personnel of the 
United States continuously monitor or control the firearm at all times.

    Sec. 220.  <<NOTE: Audits.>> The Attorney General shall identify an 
independent auditor to evaluate the Gulf Coast Claims Facility.

    Sec. 221.  Section 1761 of title 18, United States Code, is 
amended--
            (1) by striking ``non-Federal'' in subsection (c)(1);
            (2) by redesignating subsection (d) as subsection (e); and
            (3) by inserting after subsection (c) the following new 
        subsection:

    ``(d) This section shall not apply to goods, wares, or merchandise 
manufactured, produced, mined or assembled by convicts or prisoners who 
are participating in any pilot project approved by the FPI Board of 
Directors, which are currently, or would otherwise

[[Page 125 STAT. 622]]

be, manufactured, produced, mined, or assembled outside the United 
States.''.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2012''.

TITLE <<NOTE: Science Appropriations Act, 2012.>> III

                                 SCIENCE

                 Office of Science and Technology Policy

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

              National Aeronautics and Space Administration

                                 science

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science research and development activities, including 
research, development, operations, support, and services; maintenance 
and repair, facility planning and design; space flight, spacecraft 
control, and communications activities; program management; personnel 
and related costs, including uniforms or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of 
passenger motor vehicles; and purchase, lease, charter, maintenance, and 
operation of mission and administrative aircraft, $5,090,000,000, to 
remain available until September 30, 2013, of which up to $10,000,000 
shall be available for a reimbursable agreement with the Department of 
Energy for the purpose of re-establishing facilities to produce fuel 
required for radioisotope thermoelectric generators to enable future 
missions:  Provided, <<NOTE: Implementation. 51 USC 20305 note.>> That 
NASA shall implement the recommendations of the most recent National 
Research Council planetary decadal survey and shall follow the decadal 
survey's recommended decision rules regarding program implementation, 
including a strict adherence to the recommendation that NASA include in 
a balanced program a flagship class mission, which may be executed in 
cooperation with one or more international partners, if such mission can 
be appropriately de-scoped and all NASA costs for such mission can be 
accommodated within the overall funding levels appropriated by Congress: 
 Provided further, That the formulation and development costs (with 
development cost as defined under 51 U.S.C. 30104) for the James Webb 
Space Telescope shall not 
exceed <<NOTE: Determination. Notification.>> $8,000,000,000:  Provided 
further, That should the individual identified under subparagraph 
(c)(2)(E) of section 30104 of title 51 as responsible for the James Webb 
Space Telescope determine that the development cost of the program is 
likely to exceed that limitation, the individual shall immediately 
notify the Administrator and the increase shall be treated as if it 
meets the 30 percent threshold described in subsection (f) of section 
30104 of title 51.

[[Page 125 STAT. 623]]

                               aeronautics

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

                            space technology

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

                               exploration

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

[[Page 125 STAT. 624]]

to exceed $58,000,000 may be transferred to ``Construction and 
Environmental Compliance and Restoration'' for construction activities 
related to the Orion multipurpose crew vehicle and the heavy lift launch 
vehicle system:  Provided further, That funds so transferred shall not 
be subject to the 10 percent transfer limitation described in the 
Administrative Provisions in this Act for the National Aeronautics and 
Space Administration and shall be treated as a reprogramming under 
section 505 of this Act.

                            space operations

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

                                education

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

                          cross agency support

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science, aeronautics, exploration, space operations and 
education research and development activities, including research, 
development, operations, support, and services; maintenance and repair, 
facility planning and design; space flight, spacecraft control, and 
communications activities; program management; personnel and related 
costs, including uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902; travel expenses;

[[Page 125 STAT. 625]]

purchase and hire of passenger motor vehicles; not to exceed $63,000 for 
official reception and representation expenses; and purchase, lease, 
charter, maintenance, and operation of mission and administrative 
aircraft, $2,995,000,000, to remain available until September 30, 2013, 
of which $1,000,000 shall be transferred to ``National Aeronautics and 
Space Administration, Office of Inspector General'' and used by the 
Inspector General to commission a comprehensive independent assessment 
of NASA's strategic direction and agency management:  Provided, That not 
less than $39,100,000 shall be available for independent verification 
and validation activities.

        construction and environmental compliance and restoration

    For necessary expenses for construction of facilities including 
repair, rehabilitation, revitalization, and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law, and environmental 
compliance and restoration, $390,000,000, to remain available until 
September 30, 2017:  Provided, <<NOTE: Contracts. Time period. 51 USC 
20145 note.>> That hereafter, notwithstanding section 315 of the 
National Aeronautics and Space Act of 1958 (42 U.S.C. 2459j), all 
proceeds from leases entered into under that section shall be deposited 
into this account and shall be available for a period of 5 years, to the 
extent provided in annual appropriations Acts:  Provided further, That 
such proceeds shall be available for obligation for fiscal year 2012 in 
an amount not to exceed $3,960,000:  Provided further, <<NOTE: Budget 
estimate. 51 USC 30103 note.>> That each annual budget request shall 
include an annual estimate of gross receipts and collections and 
proposed use of all funds collected pursuant to section 315 of the 
National Aeronautics and Space Act of 1958 (42 U.S.C. 2459j).

                       office of inspector general

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

                        administrative provisions

    Funds for announced prizes otherwise authorized shall remain 
available, without fiscal year limitation, until the prize is claimed or 
the offer is withdrawn.
    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Aeronautics and Space 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 percent by any 
such transfers. Balances so transferred shall be merged with and 
available for the same purposes and the same time period as the 
appropriations to which transferred. Any transfer pursuant to this 
provision shall be treated as a reprogramming of funds under section 505 
of this Act and shall not be available for obligation except in 
compliance with the procedures set forth in that section.
    The unexpired balances of previous accounts, for activities for 
which funds are provided under this Act, may be transferred to the new 
accounts established in this Act that provide such activity. Balances so 
transferred shall be merged with the funds in the

[[Page 125 STAT. 626]]

newly established accounts, but shall be available under the same terms, 
conditions and period of time as previously appropriated.
    Section 40902 of title 51, United States Code, is amended by adding 
at the end the following:
    ``(d) Availability of Funds.--The interest accruing from the 
National Aeronautics and Space Administration Endeavor Teacher 
Fellowship Trust Fund principal shall be available in fiscal year 2012 
for the purpose of the Endeavor Science Teacher Certificate Program.''.
    51 U.S.C. 20145(b)(1) is amended by inserting ``(A)'' before ``A 
person'' and by adding at the end thereof the following new subparagraph 
(B) as follows:
                    ``(B) Notwithstanding subparagraph (A), the 
                Administrator may accept in-kind consideration for 
                leases entered into for the purpose of developing 
                renewable energy production facilities.''.

    The spending plan required by section 538 of this Act shall be 
provided by NASA at the theme, program, project and activity level. The 
spending plan, as well as any subsequent change of an amount established 
in that spending plan that meets the notification requirements of 
section 505 of this Act, shall be treated as a reprogramming under 
section 505 of this Act and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth in that 
section.

                       National Science Foundation

                     research and related activities

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

[[Page 125 STAT. 627]]

          major research equipment and facilities construction

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

                      education and human resources

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

                 agency operations and award management

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

                  office of the national science board

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

                       office of inspector general

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

                        administrative provision

    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Science Foundation

[[Page 125 STAT. 628]]

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

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $9,193,000:  Provided, That none of 
the funds appropriated in this paragraph shall be used to employ in 
excess of four full-time individuals under Schedule C of the Excepted 
Service exclusive of one special assistant for each Commissioner:  
Provided further, That none of the funds appropriated in this paragraph 
shall be used to reimburse Commissioners for more than 75 billable days, 
with the exception of the chairperson, who is permitted 125 billable 
days:  Provided further, That none of the funds appropriated in this 
paragraph shall be used for any activity or expense that is not 
explicitly authorized by 42 U.S.C. 1975a:  Provided further, <<NOTE: 5 
USC app. 8G note.>> That there shall be an Inspector General at the 
Commission on Civil Rights who shall have the duties, responsibilities, 
and authorities specified in the Inspector General Act of 1978, as 
amended:  Provided further, That an individual appointed to the position 
of Inspector General of the Government Accountability Office (GAO) 
shall, by virtue of such appointment, also hold the position of 
Inspector General of the Commission on Civil Rights:  Provided further, 
That the Inspector General of the Commission on Civil Rights shall 
utilize personnel of the Office of Inspector General of GAO in 
performing the duties of the Inspector General of the Commission on 
Civil Rights, and shall not appoint any individuals to positions within 
the Commission on Civil Rights:  Provided further, <<NOTE: Effective 
date.>> That of the amounts made available in this paragraph, $250,000 
shall be transferred directly to the Office of Inspector General of GAO 
upon enactment of this Act for salaries and expenses necessary to carry 
out the duties of the Inspector General of the Commission on Civil 
Rights.

                 Equal Employment Opportunity Commission

                          salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 
1963, the Americans with Disabilities Act of 1990, the Civil Rights Act 
of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008 
(Public Law 110-233), the ADA

[[Page 125 STAT. 629]]

Amendments Act of 2008 (Public Law 110-325), and the Lilly Ledbetter 
Fair Pay Act of 2009 (Public Law 111-2), including services as 
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343(b); nonmonetary awards to private citizens; 
and $29,500,000 for payments to State and local enforcement agencies for 
authorized services to the Commission, $360,000,000:  Provided, That the 
Commission is authorized to make available for official reception and 
representation expenses not to exceed $2,250 from available funds:  
Provided further, <<NOTE: Notification.>> That the Commission may take 
no action to implement any workforce repositioning, restructuring, or 
reorganization until such time as the Committees on Appropriations have 
been notified of such proposals, in accordance with the reprogramming 
requirements of section 505 of this Act:  Provided further, That the 
Chair is authorized to accept and use any gift or donation to carry out 
the work of the Commission.

                     International Trade Commission

                          salaries and expenses

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

                       Legal Services Corporation

                payment to the legal services corporation

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

          administrative provision--legal services corporation

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

[[Page 125 STAT. 630]]

1997 and 1998 shall be deemed to refer instead to 2011 and 2012, 
respectively.

                        Marine Mammal Commission

                          salaries and expenses

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

            Office of the United States Trade Representative

                          salaries and expenses

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

                         State Justice Institute

                          salaries and expenses

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

                                 TITLE V

                           GENERAL PROVISIONS

                         (including rescissions)

    Sec. 501.  No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503.  <<NOTE: Contracts.>> The expenditure of any appropriation 
under this Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law.

    Sec. 504.  If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons or 
circumstances other than those as to which it is held invalid shall not 
be affected thereby.
    Sec. 505.  <<NOTE: Notification. Deadline.>> None of the funds 
provided under this Act, or provided under previous appropriations Acts 
to the agencies funded by this

[[Page 125 STAT. 631]]

Act that remain available for obligation or expenditure in fiscal year 
2012, or provided from any accounts in the Treasury of the United States 
derived by the collection of fees available to the agencies funded by 
this Act, shall be available for obligation or expenditure through a 
reprogramming of funds that: (1) creates or initiates a new program, 
project or activity; (2) eliminates a program, project or activity; (3) 
increases funds or personnel by any means for any project or activity 
for which funds have been denied or restricted; (4) relocates an office 
or employees; (5) reorganizes or renames offices, programs or 
activities; (6) contracts out or privatizes any functions or activities 
presently performed by Federal employees; (7) augments existing 
programs, projects or activities in excess of $500,000 or 10 percent, 
whichever is less, or reduces by 10 percent funding for any program, 
project or activity, or numbers of personnel by 10 percent; or (8) 
results from any general savings, including savings from a reduction in 
personnel, which would result in a change in existing programs, projects 
or activities as approved by Congress; unless the House and Senate 
Committees on Appropriations are notified 15 days in advance of such 
reprogramming of funds.

    Sec. 506.  <<NOTE: Religious harrassment. 42 USC 2000e-12 
note.>> During the current fiscal year and in each fiscal year 
thereafter, none of the funds made available in this or any other Act 
may be used to implement, administer, or enforce any guidelines of the 
Equal Employment Opportunity Commission covering harassment based on 
religion, when it is made known to the Federal entity or official to 
which such funds are made available that such guidelines do not differ 
in any respect from the proposed guidelines published by the Commission 
on October 1, 1993 (58 Fed. Reg. 51266).

    Sec. 507. (a) If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    (b)(1) To the extent practicable, with respect to authorized 
purchases of promotional items, funds made available by this Act shall 
be used to purchase items that are manufactured, produced, or assembled 
in the United States, its territories or possessions.
    (2) The term ``promotional items'' has the meaning given the term in 
OMB Circular A-87, Attachment B, Item (1)(f)(3).
    Sec. 508. <<NOTE: Deadlines. Reports.>> (a) The Departments of 
Commerce and Justice, the National Science Foundation, and the National 
Aeronautics and Space Administration shall provide to the Committees on 
Appropriations of the House of Representatives and the Senate a 
quarterly report on the status of balances of appropriations at the 
account level. For unobligated, uncommitted balances and unobligated, 
committed balances the quarterly reports shall separately identify the 
amounts attributable to each source year of appropriation from which the 
balances were derived. For balances that are obligated, but unexpended, 
the quarterly reports shall separately identify amounts by the year of 
obligation.

    (b) The report described in subsection (a) shall be submitted within 
30 days of the end of the first quarter of fiscal year 2012,

[[Page 125 STAT. 632]]

and subsequent reports shall be submitted within 30 days of the end of 
each quarter thereafter.
    (c) If a department or agency is unable to fulfill any aspect of a 
reporting requirement described in subsection (a) due to a limitation of 
a current accounting system, the department or agency shall fulfill such 
aspect to the maximum extent practicable under such accounting system 
and shall identify and describe in each quarterly report the extent to 
which such aspect is not fulfilled.
    Sec. 509.  Any costs incurred by a department or agency funded under 
this Act resulting from, or to prevent, personnel actions taken in 
response to funding reductions included in this Act shall be absorbed 
within the total budgetary resources available to such department or 
agency:  Provided, <<NOTE: Transfer authority.>> That the authority to 
transfer funds between appropriations accounts as may be necessary to 
carry out this section is provided in addition to authorities included 
elsewhere in this Act:  Provided further, That use of funds to carry out 
this section shall be treated as a reprogramming of funds under section 
505 of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

    Sec. 510.  <<NOTE: Tobacco and tobacco products.>> None of the funds 
provided by this Act shall be available to promote the sale or export of 
tobacco or tobacco products, or to seek the reduction or removal by any 
foreign country of restrictions on the marketing of tobacco or tobacco 
products, except for restrictions which are not applied equally to all 
tobacco or tobacco products of the same type.

    Sec. 511.  <<NOTE: 18 USC 922 note.>> Hereafter, none of the funds 
appropriated pursuant to this Act or any other provision of law may be 
used for--
            (1) the implementation of any tax or fee in connection with 
        the implementation of subsection 922(t) of title 18, United 
        States Code; and
            (2) <<NOTE: Firearms.>> any system to implement subsection 
        922(t) of title 18, United States Code, that does not require 
        and result in the destruction of any identifying information 
        submitted by or on behalf of any person who has been determined 
        not to be prohibited from possessing or receiving a firearm no 
        more than 24 hours after the system advises a Federal firearms 
        licensee that possession or receipt of a firearm by the 
        prospective transferee would not violate subsection (g) or (n) 
        of section 922 of title 18, United States Code, or State law.

    Sec. 512.  <<NOTE: 42 USC 10601 note.>> Notwithstanding any other 
provision of law, amounts deposited or available in the Fund established 
under 42 U.S.C. 10601 in any fiscal year in excess of $705,000,000 shall 
not be available for obligation until the following fiscal year.

    Sec. 513.  <<NOTE: Discrimination.>> None of the funds made 
available to the Department of Justice in this Act may be used to 
discriminate against or denigrate the religious or moral beliefs of 
students who participate in programs for which financial assistance is 
provided from those funds, or of the parents or legal guardians of such 
students.

    Sec. 514.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 515.  Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.

[[Page 125 STAT. 633]]

    Sec. 516. (a) Tracing studies conducted by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives are released without adequate 
disclaimers regarding the limitations of the data.
    (b) <<NOTE: Firearm traces.>> The Bureau of Alcohol, Tobacco, 
Firearms and Explosives shall include in all such data releases, 
language similar to the following that would make clear that trace data 
cannot be used to draw broad conclusions about firearms-related crime:
            (1) Firearm traces are designed to assist law enforcement 
        authorities in conducting investigations by tracking the sale 
        and possession of specific firearms. Law enforcement agencies 
        may request firearms traces for any reason, and those reasons 
        are not necessarily reported to the Federal Government. Not all 
        firearms used in crime are traced and not all firearms traced 
        are used in crime.
            (2) Firearms selected for tracing are not chosen for 
        purposes of determining which types, makes, or models of 
        firearms are used for illicit purposes. The firearms selected do 
        not constitute a random sample and should not be considered 
        representative of the larger universe of all firearms used by 
        criminals, or any subset of that universe. Firearms are normally 
        traced to the first retail seller, and sources reported for 
        firearms traced do not necessarily represent the sources or 
        methods by which firearms in general are acquired for use in 
        crime.

    Sec. 517. <<NOTE: Audits. Reports. Deadlines.>> (a) The Inspectors 
General of the Department of Commerce, the Department of Justice, the 
National Aeronautics and Space Administration, the National Science 
Foundation, and the Legal Services Corporation shall conduct audits, 
pursuant to the Inspector General Act (5 U.S.C. App.), of grants or 
contracts for which funds are appropriated by this Act, and shall submit 
reports to Congress on the progress of such audits, which may include 
preliminary findings and a description of areas of particular interest, 
within 180 days after initiating such an audit and every 180 days 
thereafter until any such audit is completed.

    (b) <<NOTE: Public information. Web posting.>> Within 60 days after 
the date on which an audit described in subsection (a) by an Inspector 
General is completed, the Secretary, Attorney General, Administrator, 
Director, or President, as appropriate, shall make the results of the 
audit available to the public on the Internet website maintained by the 
Department, Administration, Foundation, or Corporation, respectively. 
The results shall be made available in redacted form to exclude--
            (1) any matter described in section 552(b) of title 5, 
        United States Code; and
            (2) sensitive personal information for any individual, the 
        public access to which could be used to commit identity theft or 
        for other inappropriate or unlawful purposes.

    (c) A grant or contract funded by amounts appropriated by this Act 
may not be used for the purpose of defraying the costs of a banquet or 
conference that is not directly and programmatically related to the 
purpose for which the grant or contract was awarded, such as a banquet 
or conference held in connection with planning, training, assessment, 
review, or other routine purposes related to a project funded by the 
grant or contract.
    (d) <<NOTE: Certification.>> Any person awarded a grant or contract 
funded by amounts appropriated by this Act shall submit a statement to 
the Secretary of Commerce, the Attorney General, the Administrator, 
Director, or President, as appropriate, certifying that no funds derived 
from the grant or contract will be made available through a subcontract

[[Page 125 STAT. 634]]

or in any other manner to another person who has a financial interest in 
the person awarded the grant or contract.

    (e) <<NOTE: Effective date. Determination.>> The provisions of the 
preceding subsections of this section shall take effect 30 days after 
the date on which the Director of the Office of Management and Budget, 
in consultation with the Director of the Office of Government Ethics, 
determines that a uniform set of rules and requirements, substantially 
similar to the requirements in such subsections, consistently apply 
under the executive branch ethics program to all Federal departments, 
agencies, and entities.

    Sec. 518.  None of the funds appropriated or otherwise made 
available under this Act may be used by the Departments of Commerce and 
Justice, the National Aeronautics and Space Administration, or the 
National Science Foundation to acquire information technology systems 
unless the respective Secretary or head of agency, in consultation with 
the Federal Bureau of Investigation or other appropriate Federal 
agencies, has assessed any associated risk of cyber-espionage or 
sabotage.
    Sec. 519.  <<NOTE: Torture.>> None of the funds made available in 
this Act shall be used in any way whatsoever to support or justify the 
use of torture by any official or contract employee of the United States 
Government.

    Sec. 520. <<NOTE: Exports and imports. Firearms. Canada.>> (a) 
Notwithstanding any other provision of law or treaty, none of the funds 
appropriated or otherwise made available under this Act or any other Act 
may be expended or obligated by a department, agency, or instrumentality 
of the United States to pay administrative expenses or to compensate an 
officer or employee of the United States in connection with requiring an 
export license for the export to Canada of components, parts, 
accessories or attachments for firearms listed in Category I, section 
121.1 of title 22, Code of Federal Regulations (International 
Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 
1, 2005) with a total value not exceeding $500 wholesale in any 
transaction, provided that the conditions of subsection (b) of this 
section are met by the exporting party for such articles.

    (b) The foregoing exemption from obtaining an export license--
            (1) does not exempt an exporter from filing any Shipper's 
        Export Declaration or notification letter required by law, or 
        from being otherwise eligible under the laws of the United 
        States to possess, ship, transport, or export the articles 
        enumerated in subsection (a); and
            (2) does not permit the export without a license of--
                    (A) fully automatic firearms and components and 
                parts for such firearms, other than for end use by the 
                Federal Government, or a Provincial or Municipal 
                Government of Canada;
                    (B) barrels, cylinders, receivers (frames) or 
                complete breech mechanisms for any firearm listed in 
                Category I, other than for end use by the Federal 
                Government, or a Provincial or Municipal Government of 
                Canada; or
                    (C) articles for export from Canada to another 
                foreign destination.

    (c) In accordance with this section, the District Directors of 
Customs and postmasters shall permit the permanent or temporary export 
without a license of any unclassified articles specified in subsection 
(a) to Canada for end use in Canada or return to the United States, or 
temporary import of Canadian-origin items from

[[Page 125 STAT. 635]]

Canada for end use in the United States or return to Canada for a 
Canadian citizen.
    (d) <<NOTE: President. Determination. Federal Register, 
publication.>> The President may require export licenses under this 
section on a temporary basis if the President determines, upon 
publication first in the Federal Register, that the Government of Canada 
has implemented or maintained inadequate import controls for the 
articles specified in subsection (a), such that a significant diversion 
of such articles has and continues to take place for use in 
international terrorism or in the escalation of a conflict in another 
nation. <<NOTE: Termination.>> The President shall terminate the 
requirements of a license when reasons for the temporary requirements 
have ceased.

    Sec. 521.  <<NOTE: Firearms.>> Notwithstanding any other provision 
of law, no department, agency, or instrumentality of the United States 
receiving appropriated funds under this Act or any other Act shall 
obligate or expend in any way such funds to pay administrative expenses 
or the compensation of any officer or employee of the United States to 
deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and 
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to 
import United States origin ``curios or relics'' firearms, parts, or 
ammunition.

    Sec. 522.  None of the funds made available in this Act may be used 
to include in any new bilateral or multilateral trade agreement the text 
of--
            (1) paragraph 2 of article 16.7 of the United States-
        Singapore Free Trade Agreement;
            (2) paragraph 4 of article 17.9 of the United States-
        Australia Free Trade Agreement; or
            (3) paragraph 4 of article 15.9 of the United States-Morocco 
        Free Trade Agreement.

    Sec. 523.  <<NOTE: National security letters.>> None of the funds 
made available in this Act may be used to authorize or issue a national 
security letter in contravention of any of the following laws 
authorizing the Federal Bureau of Investigation to issue national 
security letters: The Right to Financial Privacy Act; The Electronic 
Communications Privacy Act; The Fair Credit Reporting Act; The National 
Security Act of 1947; USA PATRIOT Act; and the laws amended by these 
Acts.

    Sec. 524.  If at any time during any quarter, the program manager of 
a project within the jurisdiction of the Departments of Commerce or 
Justice, the National Aeronautics and Space Administration, or the 
National Science Foundation totaling more than $75,000,000 has 
reasonable cause to believe that the total program cost has increased by 
10 percent, the program manager shall immediately inform the respective 
Secretary, Administrator, or 
Director. <<NOTE: Notification. Deadline.>> The Secretary, 
Administrator, or Director shall notify the House and Senate Committees 
on Appropriations within 30 days in writing of such increase, and shall 
include in such notice: the date on which such determination was made; a 
statement of the reasons for such increases; the action taken and 
proposed to be taken to control future cost growth of the project; 
changes made in the performance or schedule milestones and the degree to 
which such changes have contributed to the increase in total program 
costs or procurement costs; new estimates of the total project or 
procurement costs; and a statement validating that the project's 
management structure is adequate to control total project or procurement 
costs.

    Sec. 525.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence or intelligence

[[Page 125 STAT. 636]]

related activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Security Act of 
1947 (50 U.S.C. 414) during fiscal year 2012 until the enactment of the 
Intelligence Authorization Act for fiscal year 2012.
    Sec. 526.  <<NOTE: Web posting. 5 USC app. 8L note.>> The 
Departments, agencies, and commissions funded under this Act, shall 
establish and maintain on the homepages of their Internet websites--
            (1) a direct link to the Internet Web sites of their Offices 
        of Inspectors General; and
            (2) a mechanism on the Offices of Inspectors General Web 
        site by which individuals may anonymously report cases of waste, 
        fraud, or abuse with respect to those Departments, agencies, and 
        commissions.

    Sec. 527.  <<NOTE: Contracts. Grants. Certification.>> None of the 
funds appropriated or otherwise made available by this Act may be used 
to enter into a contract in an amount greater than $5,000,000 or to 
award a grant in excess of such amount unless the prospective contractor 
or grantee certifies in writing to the agency awarding the contract or 
grant that, to the best of its knowledge and belief, the contractor or 
grantee has filed all Federal tax returns required during the three 
years preceding the certification, has not been convicted of a criminal 
offense under the Internal Revenue Code of 1986, and has not, more than 
90 days prior to certification, been notified of any unpaid Federal tax 
assessment for which the liability remains unsatisfied, unless the 
assessment is the subject of an installment agreement or offer in 
compromise that has been approved by the Internal Revenue Service and is 
not in default, or the assessment is the subject of a non-frivolous 
administrative or judicial proceeding.

                              (rescissions)

    Sec. 528. <<NOTE: Deadlines.>> (a) Of the unobligated balances 
available to the Department of Commerce, the following funds are hereby 
rescinded, not later than September 30, 2012, from the following 
accounts in the specified amounts--
            (1) ``National Telecommunications and Information 
        Administration, Information Infrastructure Grants'', $2,000,000;
            (2) ``National Telecommunications and Information 
        Administration, Public Telecommunications Facilities, Planning 
        and Construction'', $2,750,000; and
            (3) ``National Oceanic and Atmospheric Administration, 
        Foreign Fishing Observer Fund'', $350,000.

    (b) Of the amounts made available under section 3010 of the Deficit 
Reduction Act of 2005 (47 U.S.C. 309 note), $4,300,000 in unobligated 
balances are hereby rescinded.
    (c) Of the unobligated balances available for ``Emergency Steel, 
Oil, and Gas Guaranteed Loan Program Account'', $700,000 are hereby 
rescinded.
    (d) Of the unobligated balances available to the Department of 
Justice, the following funds are hereby rescinded, not later than 
September 30, 2012, from the following accounts in the specified 
amounts--
            (1) ``Working Capital Fund'', $40,000,000;
            (2) ``Legal Activities, Assets Forfeiture Fund'', 
        $675,000,000;
            (3) ``United States Marshals Service, Salaries and 
        Expenses'', $2,200,000;

[[Page 125 STAT. 637]]

            (4) ``Drug Enforcement Administration, Salaries and 
        Expenses'', $10,000,000;
            (5) ``Federal Prison System, Buildings and Facilities'', 
        $45,000,000;
            (6) ``State and Local Law Enforcement Activities, Office on 
        Violence Against Women, Violence Against Women Prevention and 
        Prosecution Programs'', $15,000,000;
            (7) ``State and Local Law Enforcement Activities, Office of 
        Justice Programs'', $55,000,000; and
            (8) ``State and Local Law Enforcement Activities, Community 
        Oriented Policing Services'', $23,605,000.

    (e) <<NOTE: Reports.>> The Department of Justice shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a report no later than September 1, 2012 specifying the amount of 
each rescission made pursuant to subsection (d).

    (f) Of the unobligated balances available to the National 
Aeronautics and Space Administration from prior appropriations, 
$30,000,000 are hereby rescinded.
    Sec. 529.  None of the funds appropriated or otherwise made 
available in this Act may be used in a manner that is inconsistent with 
the principal negotiating objective of the United States with respect to 
trade remedy laws to preserve the ability of the United States--
            (1) to enforce vigorously its trade laws, including 
        antidumping, countervailing duty, and safeguard laws;
            (2) to avoid agreements that--
                    (A) lessen the effectiveness of domestic and 
                international disciplines on unfair trade, especially 
                dumping and subsidies; or
                    (B) lessen the effectiveness of domestic and 
                international safeguard provisions, in order to ensure 
                that United States workers, agricultural producers, and 
                firms can compete fully on fair terms and enjoy the 
                benefits of reciprocal trade concessions; and
            (3) to address and remedy market distortions that lead to 
        dumping and subsidization, including overcapacity, 
        cartelization, and market-access barriers.

    Sec. 530.  None of the funds made available in this Act may be used 
to purchase first class or premium airline travel in contravention of 
sections 301-10.122 through 301-10.124 of title 41 of the Code of 
Federal Regulations.
    Sec. 531.  None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
from a Federal department or agency at any single conference occurring 
outside the United States, unless such conference is a law enforcement 
training or operational conference for law enforcement personnel and the 
majority of Federal employees in attendance are law enforcement 
personnel stationed outside the United States.
    Sec. 532.  <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> None 
of the funds appropriated or otherwise made available in this or any 
other Act may be used to transfer, release, or assist in the transfer or 
release to or within the United States, its territories, or possessions 
Khalid Sheikh Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and

[[Page 125 STAT. 638]]

            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department of 
        Defense.

    Sec. 533. <<NOTE: Cuba.>> (a) None of the funds appropriated or 
otherwise made available in this or any other Act may be used to 
construct, acquire, or modify any facility in the United States, its 
territories, or possessions to house any individual described in 
subsection (c) for the purposes of detention or imprisonment in the 
custody or under the effective control of the Department of Defense.

    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the 
        Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at United States Naval 
                Station, Guantanamo Bay, Cuba.

    Sec. 534.  <<NOTE: ACORN.>> None of the funds made available under 
this Act may be distributed to the Association of Community 
Organizations for Reform Now (ACORN) or its subsidiaries.

    Sec. 535.  <<NOTE: Light bulbs.>> To the extent practicable, funds 
made available in this Act should be used to purchase light bulbs that 
are ``Energy Star'' qualified or have the ``Federal Energy Management 
Program'' designation.

    Sec. 536.  The Director of the Office of Management and Budget shall 
instruct any department, agency, or instrumentality of the United States 
Government receiving funds appropriated under this Act to track 
undisbursed balances in expired grant accounts and include in its annual 
performance plan and performance and accountability reports the 
following:
            (1) Details on future action the department, agency, or 
        instrumentality will take to resolve undisbursed balances in 
        expired grant accounts.
            (2) The method that the department, agency, or 
        instrumentality uses to track undisbursed balances in expired 
        grant accounts.
            (3) Identification of undisbursed balances in expired grant 
        accounts that may be returned to the Treasury of the United 
        States.
            (4) In the preceding 3 fiscal years, details on the total 
        number of expired grant accounts with undisbursed balances (on 
        the first day of each fiscal year) for the department, agency, 
        or instrumentality and the total finances that have not been 
        obligated to a specific project remaining in the accounts.

    Sec. 537.  None of the funds made available in this Act may be used 
to relocate the Bureau of the Census or employees from the Department of 
Commerce to the jurisdiction of the Executive Office of the President.
    Sec. 538.  <<NOTE: Spending plans. Deadline.>> The Departments of 
Commerce and Justice, the National Aeronautics and Space Administration, 
and the National Science Foundation shall submit spending plans, signed 
by the

[[Page 125 STAT. 639]]

respective department or agency head, to the Committees on 
Appropriations of the House of Representatives and the Senate within 45 
days after the date of enactment of this Act.

    Sec. 539. <<NOTE: China.>> (a) None of the funds made available by 
this Act may be used for the National Aeronautics and Space 
Administration (NASA) or the Office of Science and Technology Policy 
(OSTP) to develop, design, plan, promulgate, implement, or execute a 
bilateral policy, program, order, or contract of any kind to 
participate, collaborate, or coordinate bilaterally in any way with 
China or any Chinese-owned company unless such activities are 
specifically authorized by a law enacted after the date of enactment of 
this Act.

    (b) <<NOTE: Applicability.>> The limitation in subsection (a) shall 
also apply to any funds used to effectuate the hosting of official 
Chinese visitors at facilities belonging to or utilized by NASA.

    (c) <<NOTE: Certification.>> The limitations described in 
subsections (a) and (b) shall not apply to activities which NASA or OSTP 
have certified pose no risk of resulting in the transfer of technology, 
data, or other information with national security or economic security 
implications to China or a Chinese-owned company.

    (d) <<NOTE: Deadline.>> Any certification made under subsection (c) 
shall be submitted to the Committees on Appropriations of the House of 
Representatives and the Senate no later than 14 days prior to the 
activity in question and shall include a description of the purpose of 
the activity, its major participants, and its location and timing.

    Sec. 540. <<NOTE: Deadline. Reports.>> (a) The head of any 
department, agency, board or commission funded by this Act shall submit 
quarterly reports to the Inspector General, or the senior ethics 
official for any entity without an inspector general, of the appropriate 
department, agency, board or commission regarding the costs and 
contracting procedures relating to each conference held by the 
department, agency, board or commission during fiscal year 2012 for 
which the cost to the Government was more than $20,000.

    (b) Each report submitted under subsection (a) shall include, for 
each conference described in that subsection held during the applicable 
quarter--
            (1) a description of the subject of and number of 
        participants attending that conference;
            (2) a detailed statement of the costs to the Government 
        relating to that conference, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services; and
                    (C) a discussion of the methodology used to 
                determine which costs relate to that conference; and
            (3) a description of the contracting procedures relating to 
        that conference, including--
                    (A) whether contracts were awarded on a competitive 
                basis for that conference; and
                    (B) a discussion of any cost comparison conducted by 
                the department, agency, board or commission in 
                evaluating potential contractors for that conference.

    Sec. 541.  <<NOTE: Firearms.>> None of the funds made available by 
this Act may be used to pay the salaries or expenses of personnel to 
deny, or fail to act on, an application for the importation of any model 
of shotgun if--
            (1) all other requirements of law with respect to the 
        proposed importation are met; and

[[Page 125 STAT. 640]]

            (2) no application for the importation of such model of 
        shotgun, in the same configuration, had been denied by the 
        Attorney General prior to January 1, 2011, on the basis that the 
        shotgun was not particularly suitable for or readily adaptable 
        to sporting purposes.

    Sec. 542. <<NOTE: Pornography.>> (a) None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    Sec. 543.  <<NOTE: Corporation.>> None of the funds made available 
by this Act may be used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, or 
provide a loan or loan guarantee to, any corporation that was convicted 
of a felony criminal violation under any Federal law within the 
preceding 24 months, unless an agency has considered suspension or 
debarment of the corporation and made a determination that this further 
action is not necessary to protect the interests of the Government.

    Sec. 544.  <<NOTE: Corporation.>> None of the funds made available 
by this Act may be used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, or 
provide a loan or loan guarantee to, any corporation that has any unpaid 
Federal tax liability that has been assessed, for which all judicial and 
administrative remedies have been exhausted or have lapsed, and that is 
not being paid in a timely manner pursuant to an agreement with the 
authority responsible for collecting the tax liability, unless an agency 
has considered suspension or debarment of the corporation and made a 
determination that this further action is not necessary to protect the 
interests of the Government.

    Sec. 545.  <<NOTE: Deadline. Reports.>> All agencies and departments 
funded under this Act shall send to the Committees on Appropriations of 
the House of Representatives and the Senate at the end of the fiscal 
year a report containing a complete inventory of the total number of 
vehicles owned, permanently retired, and purchased during fiscal year 
2012 as well as the total cost of the vehicle fleet, including 
maintenance, fuel, storage, purchasing, and leasing.

    Sec. 546.  <<NOTE: Regulations.>> None of the funds made available 
by this or any other Act for fiscal year 2012 may be used to implement, 
administer, or enforce, prior to January 1, 2012, the rule entitled 
``Wage Methodology for the Temporary Non-agricultural Employment H-2B 
Program'' published by the Department of Labor in the Federal Register 
on January 19, 2011 (76 Fed. Reg. 3452 et seq.).

    This division may be cited as the ``Commerce, Justice, Science, and 
Related Agencies Appropriations Act, 2012''.

[[Page 125 STAT. 641]]

 DIVISION C--TRANSPORTATION, <<NOTE: Transportation, Housing and Urban 
 Development, and Related Agencies Appropriations Act, 2012. Department 
    of Transportation Appropriations Act, 2012.>> HOUSING AND URBAN 
DEVELOPMENT, AND RELATED AGENCIES

                                 TITLE I

                      DEPARTMENT OF TRANSPORTATION

                         Office of the Secretary

                          salaries and expenses

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

                   national infrastructure investments

    For capital investments in surface transportation infrastructure, 
$500,000,000, to remain available through September 30, 2013:  
Provided, <<NOTE: Grants.>> That the Secretary of Transportation shall 
distribute funds provided under this heading as discretionary grants to 
be awarded to a State, local government, transit agency, or a 
collaboration among such entities on a competitive basis for projects 
that will have a significant impact on the Nation, a metropolitan area, 
or a region:  Provided further, That projects eligible for funding 
provided under this heading shall include, but not be limited to,

[[Page 125 STAT. 642]]

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

                      financial management capital

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

                       cyber security initiatives

    For necessary expenses for cyber security initiatives, including 
improvement of network perimeter controls and identity management, 
testing and assessment of information technology against

[[Page 125 STAT. 643]]

business, security, and other requirements, implementation of Federal 
cyber security initiatives and information infrastructure enhancements, 
implementation of enhanced security controls on network devices, and 
enhancement of cyber security workforce training tools, $10,000,000, to 
remain available through September 30, 2013.

                         office of civil rights

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

           transportation planning, research, and development

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

                          working capital fund

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

                minority business resource center program

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

                       minority business outreach

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

[[Page 125 STAT. 644]]

                        payments to air carriers

                     (airport and airway trust fund)

                      (including transfer of funds)

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

  administrative provisions--office of the secretary of transportation

    Sec. 101.  <<NOTE: Assessments. Contracts.>> None of the funds made 
available in this Act to the Department of Transportation may be 
obligated for the Office of the Secretary of Transportation to approve 
assessments or reimbursable agreements pertaining to funds appropriated 
to the modal administrations in this Act, except for activities underway 
on the date of enactment of this Act, unless such assessments or 
agreements have completed the normal reprogramming process for 
Congressional notification.

    Sec. 102.  The Secretary or his designee may engage in activities 
with States and State legislators to consider proposals related to the 
reduction of motorcycle fatalities.
    Sec. 103.  None of the funds made available under this Act may be 
obligated or expended to establish or implement a program under which 
essential air service communities are required to assume subsidy costs 
commonly referred to as the EAS local participation program.
    Sec. 104.  <<NOTE: Transit benefit.>> Notwithstanding section 3324 
of title 31, United States Code, in addition to authority provided by 
section 327 of title 49, United States Code, the Department's Working 
Capital Fund is hereby authorized to provide payments in advance to 
vendors that are necessary to carry out the Federal transit pass 
transportation fringe benefit program under Executive Order 13150

[[Page 125 STAT. 645]]

and section 3049 of Public Law 109-59:  
Provided, <<NOTE: Contracts.>> That the Department shall include 
adequate safeguards in the contract with the vendors to ensure timely 
and high-quality performance under the contract.

    Sec. 105.  <<NOTE: Web posting. Records.>> The Secretary shall post 
on the Web site of the Department of Transportation a schedule of all 
meetings of the Credit Council, including the agenda for each meeting, 
and require the Credit Council to record the decisions and actions of 
each meeting.

                              (rescission)

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

                     Federal Aviation Administration

                               operations

                     (airport and airway trust fund)

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to the public, 
lease or purchase of passenger motor vehicles for replacement only, in 
addition to amounts made available by Public Law 108-176, 
$9,653,395,000, of which $5,060,694,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $7,442,738,000 
shall be available for air traffic organization activities; not to 
exceed $1,252,991,000 shall be available for aviation safety activities; 
not to exceed $16,271,000 shall be available for commercial space 
transportation activities; not to exceed $582,117,000 shall be available 
for finance and management activities; not to exceed $98,858,000 shall 
be available for human resources program activities; not to exceed 
$60,134,000 shall be available for NextGen program activities; and not 
to exceed $200,286,000 shall be available for staff offices:  Provided, 
That not to exceed 2 percent of any budget activity, except for aviation 
safety budget activity, may be transferred to any budget activity under 
this heading:  Provided further, That no transfer may increase or 
decrease any appropriation by more than 2 percent:  Provided further, 
That any transfer in excess of 2 percent shall be treated as a 
reprogramming of funds under section 405 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that <<NOTE: Deadline. Reports.>> section:  
Provided further, That not later than May 31, 2012, the Administrator 
shall submit to the House and Senate Committees on Appropriations a 
comprehensive report that describes all of the findings and conclusions 
reached during the Federal Aviation Administration's efforts to develop 
an objective, data-driven method for placing air traffic controllers 
after the successful completion of their training at the Federal 
Aviation Administration Academy, lists all available options for 
establishing such method, and discusses the benefits and challenges of 
each option:  Provided further, <<NOTE: Deadlines. Reports. 49 USC 44506 
note.>> That not later than March

[[Page 125 STAT. 646]]

31 of each fiscal year hereafter, the Administrator of the Federal 
Aviation Administration shall transmit to Congress an annual update to 
the report submitted to Congress in December 2004 pursuant to section 
221 of Public Law <<NOTE: Fines.>> 108-176:  Provided further, That the 
amount herein appropriated shall be reduced by $100,000 for each day 
after March 31 that such report has not been submitted to the Congress:  
Provided further, <<NOTE: Deadlines. Reports. 49 USC 44502 note.>> That 
not later than March 31 of each fiscal year hereafter, the Administrator 
shall transmit to Congress a companion report that describes a 
comprehensive strategy for staffing, hiring, and training flight 
standards and aircraft certification staff in a format similar to the 
one utilized for the controller staffing plan, including stated 
attrition estimates and numerical hiring goals by fiscal year:  Provided 
further, <<NOTE: Fines.>> That the amount herein appropriated shall be 
reduced by $100,000 per day for each day after March 31 that such report 
has not been submitted to Congress:  Provided further, That funds may be 
used to enter into a grant agreement with a nonprofit standard-setting 
organization to assist in the development of aviation safety standards:  
Provided further, That none of the funds in this Act shall be available 
for new applicants for the second career training program:  Provided 
further, <<NOTE: User fees.>> That none of the funds in this Act shall 
be available for the Federal Aviation Administration to finalize or 
implement any regulation that would promulgate new aviation user fees 
not specifically authorized by law after the date of the enactment of 
this Act:  Provided further, That there may be credited to this 
appropriation as offsetting collections funds received from States, 
counties, municipalities, foreign authorities, other public authorities, 
and private sources for expenses incurred in the provision of agency 
services, including receipts for the maintenance and operation of air 
navigation facilities, and for issuance, renewal or modification of 
certificates, including airman, aircraft, and repair station 
certificates, or for tests related thereto, or for processing major 
repair or alteration forms:  Provided further, That of the funds 
appropriated under this heading, not less than $10,350,000 shall be for 
the contract tower cost-sharing program:  Provided further, That none of 
the funds in this Act for aeronautical charting and cartography are 
available for activities conducted by, or coordinated through, the 
Working Capital Fund.

                        facilities and equipment

                     (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for acquisition, 
establishment, technical support services, improvement by contract or 
purchase, and hire of national airspace systems and experimental 
facilities and equipment, as authorized under part A of subtitle VII of 
title 49, United States Code, including initial acquisition of necessary 
sites by lease or grant; engineering and service testing, including 
construction of test facilities and acquisition of necessary sites by 
lease or grant; construction and furnishing of quarters and related 
accommodations for officers and employees of the Federal Aviation 
Administration stationed at remote localities where such accommodations 
are not available; and the purchase, lease, or transfer of aircraft from 
funds available under this heading, including aircraft for aviation 
regulation and certification; to be derived from the Airport and Airway 
Trust Fund,

[[Page 125 STAT. 647]]

$2,730,731,000, of which $475,000,000 shall remain available until 
September 30, 2012, and of which $2,255,731,000 shall remain available 
until September 30, 2014:  Provided, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
other public authorities, and private sources, for expenses incurred in 
the establishment, improvement, and modernization of national airspace 
systems:  Provided further, <<NOTE: Investment plan.>> That upon initial 
submission to the Congress of the fiscal year 2013 President's budget, 
the Secretary of Transportation shall transmit to the Congress a 
comprehensive capital investment plan for the Federal Aviation 
Administration which includes funding for each budget line item for 
fiscal years 2013 through 2017, with total funding for each year of the 
plan constrained to the funding targets for those years as estimated and 
approved by the Office of Management and Budget.

                 research, engineering, and development

                     (airport and airway trust fund)

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

                       grants-in-aid for airports

                 (liquidation of contract authorization)

                       (limitation on obligations)

                     (airport and airway trust fund)

                      (including transfer of funds)

    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and systems at 
airports of such title; for grants authorized under section 41743 of 
title 49, United States Code; and for inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under section 44706 of title 49, United 
States Code, $3,435,000,000 to be derived from the Airport and Airway 
Trust Fund and to remain available until expended:  Provided, That none 
of the funds under this heading shall be available for the planning or 
execution of programs the obligations for which are in excess of 
$3,350,000,000 in fiscal year 2012, notwithstanding section 47117(g) of 
title 49,

[[Page 125 STAT. 648]]

United States Code:  Provided further, <<NOTE: Explosive detection 
systems.>> That none of the funds under this heading shall be available 
for the replacement of baggage conveyor systems, reconfiguration of 
terminal baggage areas, or other airport improvements that are necessary 
to install bulk explosive detection systems:  Provided further, That 
notwithstanding any other provision of law, of funds limited under this 
heading, not more than $101,000,000 shall be obligated for 
administration, not less than $15,000,000 shall be available for the 
airport cooperative research program, not less than $29,250,000 shall be 
for Airport Technology Research and $6,000,000, to remain available 
until expended, shall be available and transferred to ``Office of the 
Secretary, Salaries and Expenses'' to carry out the Small Community Air 
Service Development Program.

       administrative provisions--federal aviation administration

    Sec. 110.  None of the funds in this Act may be used to compensate 
in excess of 600 technical staff-years under the federally funded 
research and development center contract between the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 2012.
    Sec. 111.  None of the funds in this Act shall be used to pursue or 
adopt guidelines or regulations requiring airport sponsors to provide to 
the Federal Aviation Administration without cost building construction, 
maintenance, utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to air traffic control, air navigation, 
or weather reporting:  Provided, That the prohibition of funds in this 
section does not apply to negotiations between the agency and airport 
sponsors to achieve agreement on ``below-market'' rates for these items 
or to grant assurances that require airport sponsors to provide land 
without cost to the FAA for air traffic control facilities.
    Sec. 112.  The Administrator of the Federal Aviation Administration 
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) 
from fees credited under 49 U.S.C. 45303:  Provided, That during fiscal 
year 2012, 49 U.S.C. 41742(b) shall not apply, and any amount remaining 
in such account at the close of that fiscal year may be made available 
to satisfy section 41742(a)(1) for the subsequent fiscal year.
    Sec. 113.  Amounts collected under section 40113(e) of title 49, 
United States Code, shall be credited to the appropriation current at 
the time of collection, to be merged with and available for the same 
purposes of such appropriation.
    Sec. 114.  None of the funds limited by this Act for grants under 
the Airport Improvement Program shall be made available to the sponsor 
of a commercial service airport if such sponsor fails to agree to a 
request from the Secretary of Transportation for cost-free space in a 
nonrevenue producing, public use area of the airport terminal or other 
airport facilities for the purpose of carrying out a public service air 
passenger rights and consumer outreach campaign.
    Sec. 115.  <<NOTE: Premium pay.>> None of the funds in this Act 
shall be available for paying premium pay under subsection 5546(a) of 
title 5, United States Code, to any Federal Aviation Administration 
employee unless such employee actually performed work during the time 
corresponding to such premium pay.

[[Page 125 STAT. 649]]

    Sec. 116.  None of the funds in this Act may be obligated or 
expended for an employee of the Federal Aviation Administration to 
purchase a store gift card or gift certificate through use of a 
Government-issued credit card.
    Sec. 117.  <<NOTE: Apportionment. Determination.>> The Secretary 
shall apportion to the sponsor of an airport that received scheduled or 
unscheduled air service from a large certified air carrier (as defined 
in part 241 of title 14 Code of Federal Regulations, or such other 
regulations as may be issued by the Secretary under the authority of 
section 41709) an amount equal to the minimum apportionment specified in 
49 U.S.C. 47114(c), if the Secretary determines that airport had more 
than 10,000 passenger boardings in the preceding calendar year, based on 
data submitted to the Secretary under part 241 of title 14, Code of 
Federal Regulations.

    Sec. 118.  <<NOTE: Retention bonuses.>> None of the funds in this 
Act may be obligated or expended for retention bonuses for an employee 
of the Federal Aviation Administration without the prior written 
approval of the Deputy Assistant Secretary for Administration of the 
Department of Transportation.

    Sec. 119.  Subparagraph (D) of section 47124(b)(3) of title 49, 
United States Code, is amended by striking ``benefit.'' and inserting 
``benefit, with the maximum allowable local cost share capped at 20 
percent.''.
    Sec. 119A.  Notwithstanding any other provision of law, none of the 
funds made available under this Act or any prior Act may be used to 
implement or to continue to implement any limitation on the ability of 
any owner or operator of a private aircraft to obtain, upon a request to 
the Administrator of the Federal Aviation Administration, a blocking of 
that owner's or operator's aircraft registration number from any display 
of the Federal Aviation Administration's Aircraft Situational Display to 
Industry data that is made available to the public, except data made 
available to a Government agency, for the noncommercial flights of that 
owner or operator.
    Sec. 119B.  <<NOTE: New Jersey.>> None of the funds appropriated or 
limited by this Act may be used to change weight restrictions or prior 
permission rules at Teterboro airport in Teterboro, New Jersey.

                     Federal Highway Administration

                  limitation on administrative expenses

                      (including transfer of funds)

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

[[Page 125 STAT. 650]]

                          federal-aid highways

                       (limitation on obligations)

                          (highway trust fund)

    None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be 
available for the implementation or execution of programs, the 
obligations for which are in excess of $39,143,582,670 for Federal-aid 
highways and highway safety construction programs for fiscal year 2012:  
Provided, That within the $39,143,582,670 obligation limitation on 
Federal-aid highways and highway safety construction programs, not more 
than $429,800,000 shall be available for the implementation or execution 
of programs for transportation research (chapter 5 of title 23, United 
States Code; sections 111, 5505, and 5506 of title 49, United States 
Code; and title 5 of Public Law 109-59) for fiscal year 2012:  Provided 
further, That this limitation on transportation research programs shall 
not apply to any authority previously made available for obligation:  
Provided further, That the Secretary may, as authorized by section 
605(b) of title 23, United States Code, collect and spend fees to cover 
the costs of services of expert firms, including counsel, in the field 
of municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments and all or a portion of the 
costs to the Federal Government of servicing such credit instruments:  
Provided further, That such fees are available until expended to pay for 
such costs:  Provided further, That such amounts are in addition to 
administrative expenses that are also available for such purpose, and 
are not subject to any obligation limitation or the limitation on 
administrative expenses under section 608 of title 23, United States 
Code.

                 (liquidation of contract authorization)

                          (highway trust fund)

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

                            emergency relief

    For an additional amount for the Emergency Relief Program as 
authorized under section 125 of title 23, United States Code, 
$1,662,000,000, to remain available until expended, for necessary 
expenses resulting from a major disaster declared pursuant to the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.):  Provided, That notwithstanding section 125(d)(1) of title 23, 
United States Code, the Secretary of Transportation may obligate more 
than $100,000,000 for a single natural disaster event in a State for 
emergency relief projects arising from damage caused in fiscal year 2011 
by Hurricane Irene or the Missouri River basin flooding in the spring of 
2011, except for events involving closed hydrologic basins:  Provided 
further, <<NOTE: Extension.>> That notwithstanding section 120 of title 
23, United States Code, for expenses

[[Page 125 STAT. 651]]

resulting from a disaster eligible under section 125 of title 23, United 
States Code, occurring in fiscal years 2011 or 2012, the Secretary shall 
extend the time period in 120(e) in consideration of any delay in the 
State's ability to access damaged facilities to evaluate damage and 
estimate the cost of repair:  Provided further, That the amount provided 
under this heading is designated by the Congress as being for disaster 
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

        administrative provisions--federal highway administration

    Sec. 120. <<NOTE: 23 USC 104 note.>> (a) For fiscal year 2012, the 
Secretary of Transportation shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid highways amounts authorized for administrative 
        expenses and programs by section 104(a) of title 23, United 
        States Code; programs funded from the administrative takedown 
        authorized by section 104(a)(1) of title 23, United States Code 
        (as in effect on the date before the date of enactment of the 
        Safe, Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users); the highway use tax evasion program; 
        and the Bureau of Transportation Statistics;
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid highways that is equal to the unobligated 
        balance of amounts made available from the Highway Trust Fund 
        (other than the Mass Transit Account) for Federal-aid highways 
        and highway safety programs for previous fiscal years the funds 
        for which are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-aid 
                highways, less the aggregate of amounts not distributed 
                under paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and highway safety 
                construction programs (other than sums authorized to be 
                appropriated for provisions of law described in 
                paragraphs (1) through (9) of subsection (b) and sums 
                authorized to be appropriated for section 105 of title 
                23, United States Code, equal to the amount referred to 
                in subsection (b)(10) for such fiscal year), less the 
                aggregate of the amounts not distributed under 
                paragraphs (1) and (2) of this subsection;
            (4)(A) distribute the obligation limitation for Federal-aid 
        highways, less the aggregate amounts not distributed under 
        paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the 
        Safe, Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users; section 117 and section 144(g) of title 
        23, United States Code; and section 14501 of title 40, United 
        States Code, so that the amount of obligation authority 
        available for each of such sections is equal to the amount 
        determined by multiplying the ratio determined under paragraph 
        (3) by the sums authorized to be appropriated for that section 
        for the fiscal year; and
            (B) distribute $2,000,000,000 for section 105 of title 23, 
        United States Code;
            (5) distribute the obligation limitation provided for 
        Federal-aid highways, less the aggregate amounts not distributed 
        under

[[Page 125 STAT. 652]]

        paragraphs (1) and (2) and amounts distributed under paragraph 
        (4), for each of the programs that are allocated by the 
        Secretary under the Safe, Accountable, Flexible, Efficient 
        Transportation Equity Act: A Legacy for Users and title 23, 
        United States Code (other than to programs to which paragraphs 
        (1) and (4) apply), by multiplying the ratio determined under 
        paragraph (3) by the amounts authorized to be appropriated for 
        each such program for such fiscal year; and
            (6) distribute the obligation limitation provided for 
        Federal-aid highways, less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and amounts distributed under 
        paragraphs (4) and (5), for Federal-aid highways and highway 
        safety construction programs (other than the amounts apportioned 
        for the equity bonus program, but only to the extent that the 
        amounts apportioned for the equity bonus program for the fiscal 
        year are greater than $2,639,000,000, and the Appalachian 
        development highway system program) that are apportioned by the 
        Secretary under the Safe, Accountable, Flexible, Efficient 
        Transportation Equity Act: A Legacy for Users and title 23, 
        United States Code, in the ratio that--
                    (A) amounts authorized to be appropriated for such 
                programs that are apportioned to each State for such 
                fiscal year, bear to
                    (B) the total of the amounts authorized to be 
                appropriated for such programs that are apportioned to 
                all States for such fiscal year.

    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to obligations:
            (1) under section 125 of title 23, United States Code;
            (2) under section 147 of the Surface Transportation 
        Assistance Act of 1978;
            (3) under section 9 of the Federal-Aid Highway Act of 1981;
            (4) under subsections (b) and (j) of section 131 of the 
        Surface Transportation Assistance Act of 1982;
            (5) under subsections (b) and (c) of section 149 of the 
        Surface Transportation and Uniform Relocation Assistance Act of 
        1987;
            (6) under sections 1103 through 1108 of the Intermodal 
        Surface Transportation Efficiency Act of 1991;
            (7) under section 157 of title 23, United States Code, as in 
        effect on the day before the date of the enactment of the 
        Transportation Equity Act for the 21st Century;
            (8) under section 105 of title 23, United States Code, as in 
        effect for fiscal years 1998 through 2004, but only in an amount 
        equal to $639,000,000 for each of those fiscal years;
            (9) for Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity Act 
        for the 21st Century or subsequent public laws for multiple 
        years or to remain available until used, but only to the extent 
        that the obligation authority has not lapsed or been used;
            (10) under section 105 of title 23, United States Code, but 
        only in an amount equal to $639,000,000 for each of fiscal years 
        2005 through 2012; and
            (11) under section 1603 of the Safe, Accountable, Flexible, 
        Efficient Transportation Equity Act: A Legacy for Users, to the 
        extent that funds obligated in accordance with that section

[[Page 125 STAT. 653]]

        were not subject to a limitation on obligations at the time at 
        which the funds were initially made available for obligation.

    (c) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (a), the Secretary shall, after August 1 of such fiscal year, 
revise a distribution of the obligation limitation made available under 
subsection (a) if the amount distributed cannot be obligated during that 
fiscal year, and redistribute sufficient amounts to those States able to 
obligate amounts in addition to those previously distributed during that 
fiscal year, giving priority to those States having large unobligated 
balances of funds apportioned under sections 104 and 144 of title 23, 
United States Code.
    (d) Applicability of Obligation Limitations to Transportation 
Research Programs.--The obligation limitation shall apply to 
transportation research programs carried out under chapter 5 of title 
23, United States Code, and title V (research title) of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for 
Users, except that obligation authority made available for such programs 
under such limitation shall remain available for a period of 3 fiscal 
years and shall be in addition to the amount of any limitation imposed 
on obligations for Federal-aid highway and highway safety construction 
programs for future fiscal years.
    (e) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not <<NOTE: Deadline.>> later than 30 days 
        after the date of the distribution of obligation limitation 
        under subsection (a), the Secretary shall distribute to the 
        States any funds that--
                    (A) are authorized to be appropriated for such 
                fiscal year for Federal-aid highways programs; and
                    (B) <<NOTE: Determination.>> the Secretary 
                determines will not be allocated to the States, and will 
                not be available for obligation, in such fiscal year due 
                to the imposition of any obligation limitation for such 
                fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same ratio as the distribution of obligation authority 
        under subsection (a)(6).
            (3) Availability.--Funds distributed under paragraph (1) 
        shall be available for any purposes described in section 133(b) 
        of title 23, United States Code.

    (f) Special Limitation Characteristics.--Obligation limitation 
distributed for a fiscal year under subsection (a)(4) for the provision 
specified in subsection (a)(4) shall--
            (1) remain available until used for obligation of funds for 
        that provision; and
            (2) be in addition to the amount of any limitation imposed 
        on obligations for Federal-aid highway and highway safety 
        construction programs for future fiscal years.

    (g) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to limit the distribution of obligation authority 
under subsection (a)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users.
    Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to 49 U.S.C. 111

[[Page 125 STAT. 654]]

may be credited to the Federal-aid Highways account for the purpose of 
reimbursing the Bureau for such expenses:  Provided, That such funds 
shall be subject to the obligation limitation for Federal-aid Highways 
and highway safety construction programs.
    Sec. 122.  <<NOTE: Deadlines. Notice. Comment period. 23 USC 313 
note.>> Not less than 15 days prior to waiving, under his statutory 
authority, any Buy America requirement for Federal-aid highway projects, 
the Secretary of Transportation shall make an informal public notice and 
comment opportunity on the intent to issue such waiver and the reasons 
therefor:  Provided, <<NOTE: Reports.>> That the Secretary shall provide 
an annual report to the House and Senate Committees on Appropriations on 
any waivers granted under the Buy America requirements.

    Sec. 123. <<NOTE: Texas.>> (a) In General.--Except as provided in 
subsection (b), none of the funds made available, limited, or otherwise 
affected by this Act shall be used to approve or otherwise authorize the 
imposition of any toll on any segment of highway located on the Federal-
aid system in the State of Texas that--
            (1) as of the date of enactment of this Act, is not tolled;
            (2) is constructed with Federal assistance provided under 
        title 23, United States Code; and
            (3) is in actual operation as of the date of enactment of 
        this Act.

    (b) Exceptions.--
            (1) Number of toll lanes.--Subsection (a) shall not apply to 
        any segment of highway on the Federal-aid system described in 
        that subsection that, as of the date on which a toll is imposed 
        on the segment, will have the same number of nontoll lanes as 
        were in existence prior to that date.
            (2) High-occupancy vehicle lanes.--A high-occupancy vehicle 
        lane that is converted to a toll lane shall not be subject to 
        this section, and shall not be considered to be a nontoll lane 
        for purposes of determining whether a highway will have fewer 
        nontoll lanes than prior to the date of imposition of the toll, 
        if--
                    (A) high-occupancy vehicles occupied by the number 
                of passengers specified by the entity operating the toll 
                lane may use the toll lane without paying a toll, unless 
                otherwise specified by the appropriate county, town, 
                municipal or other local government entity, or public 
                toll road or transit authority; or
                    (B) each high-occupancy vehicle lane that was 
                converted to a toll lane was constructed as a temporary 
                lane to be replaced by a toll lane under a plan approved 
                by the appropriate county, town, municipal or other 
                local government entity, or public toll road or transit 
                authority.

    Sec. 124.  <<NOTE: Study.>> The Comptroller General of the United 
States shall carry out a study to review how the States and public 
transit authorities have used the authority for States to transfer 
Federal funds between highway and transit 
programs. <<NOTE: Deadline. Reports.>> Not later than 1 year after the 
date of enactment of this Act, the Comptroller General shall submit a 
report to the Congress describing the use of the transfer authority by 
the States, the highway and transit projects funded with these funds, 
the U.S. Department of Transportation administrative mechanisms to track 
the use of these transferred funds, and the impact the use of this 
authority has had on the advancement of highway projects.

[[Page 125 STAT. 655]]

    Sec. 125.  <<NOTE: Applicability. Expiration date.>> Section 
127(a)(11) of title 23, United States Code, is amended to read as 
follows:
            ``(11)(A) With respect to all portions of the Interstate 
        Highway System in the State of Maine, laws (including 
        regulations) of that State concerning vehicle weight limitations 
        applicable to other State highways shall be applicable in lieu 
        of the requirements under this subsection through December 31, 
        2031.
            ``(B) With respect to all portions of the Interstate Highway 
        System in the State of Vermont, laws (including regulations) of 
        that State concerning vehicle weight limitations applicable to 
        other State highways shall be applicable in lieu of the 
        requirements under this subsection through December 31, 2031.''.

    Sec. 126.  The Secretary may deduct, on a proportional basis, for 
administrative expenses of the Federal-aid highway program, a cumulative 
sum not to exceed $16,000,000 of the sums authorized under the Surface 
Transportation Extension Act of 2011, part II (Public Law 112-30) for 
the 14 allocated programs.

               Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

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

[[Page 125 STAT. 656]]

                       motor carrier safety grants

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

                         (including rescission)

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

  administrative provision--federal motor carrier safety administration

    Sec. 130.  <<NOTE: Reports. Deadline.>> Funds appropriated or 
limited in this Act shall be subject to the terms and conditions 
stipulated in section 350 of Public Law 107-87 and section 6901 of 
Public Law 110-28, including that the Secretary submit a report to the 
House and Senate Appropriations Committees annually on the safety and 
security of transportation into the United States by Mexico-domiciled 
motor carriers.

    Sec. 131.  Notwithstanding any other provision of law, States 
receiving funds for core or expanded deployment activities under the 
Commercial Vehicle Information Systems and Networks program pursuant to 
sections 4101(c)(4) and 4126 of Public Law 109-59 that did not meet 
award eligibility requirements set forth in section 4126; received grant 
amounts in excess of the maximum amounts specified in sections 
4126(c)(2) or 4126(d)(3); or were awarded grants either prior to or 
after the expiration of the period of performance specified in a grant 
agreement, shall not be required

[[Page 125 STAT. 657]]

to repay grant amounts received in error under such sections and, in 
addition, shall be reimbursed for core or expanded deployment 
expenditures such States made before the date of the enactment of this 
Act in reliance on a grant awarded in error under such sections.

             National Highway Traffic Safety Administration

                         operations and research

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

                         operations and research

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

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

                      highway traffic safety grants

                 (liquidation of contract authorization)

                       (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009, 
2010, and 2011 of Public Law 109-59, to remain available until expended, 
$550,328,000 to be derived from the Highway Trust Fund (other than the 
Mass Transit Account):  Provided, That none of the funds in this Act 
shall be available for the planning or execution of programs the total 
obligations for which, in fiscal year 2012, are in excess of 
$550,328,000 for programs authorized under 23 U.S.C. 402, 405, 406, 408, 
and 410 and sections

[[Page 125 STAT. 658]]

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

       administrative provisions--national highway traffic safety 
                             administration

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

[[Page 125 STAT. 659]]

                     Federal Railroad Administration

                          safety and operations

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

                    railroad research and development

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

        railroad rehabilitation and improvement financing program

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

 operating subsidy grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation for the operation of 
intercity passenger rail, as authorized by section 101 of the Passenger 
Rail Investment and Improvement Act of 2008 (division B of Public Law 
110-432), $466,000,000, to remain available until expended:  Provided, 
That the amounts available under this paragraph shall be available for 
the Secretary to approve funding to cover operating losses for the 
Corporation only after receiving and reviewing a grant request for each 
specific train <<NOTE: Reports.>> route:  Provided further, That each 
such grant request shall be accompanied by a detailed financial 
analysis, revenue projection, and capital expenditure projection 
justifying the Federal support to the Secretary's satisfaction:  
Provided further, <<NOTE: Deadline. Electronic 
submission. Budget. Plans.>> That not later than 60 days after enactment 
of this Act, the Corporation shall transmit, in electronic format, to 
the Secretary, the House and Senate Committees on Appropriations, the 
House Committee on Transportation and Infrastructure and the Senate 
Committee on Commerce, Science, and Transportation the annual budget and 
business plan and the 5-Year Financial Plan for fiscal year 2012 
required under section 204 of the Passenger Rail Investment and 
Improvement Act of 2008:  Provided further, That the budget, business 
plan, and the 5-Year Financial Plan shall also include a separate 
accounting of ridership, revenues, and capital and operating expenses 
for the Northeast Corridor; commuter service; long-distance Amtrak 
service; State-supported service; each intercity train route, including 
Autotrain; and commercial activities including contract operations:  
Provided further, That the budget, business plan

[[Page 125 STAT. 660]]

and the 5-Year Financial Plan shall include a description of work to be 
funded, along with cost estimates and an estimated timetable for 
completion of the projects covered by these plans:  Provided further, 
That the budget, business plan and the 5-Year Financial Plan shall 
include annual information on the maintenance, refurbishment, 
replacement, and expansion for all Amtrak rolling stock consistent with 
the comprehensive fleet <<NOTE: Deadlines. Electronic 
submission. Reports.>> plan:  Provided further, That the Corporation 
shall provide semiannual reports in electronic format regarding the 
pending business plan, which shall describe the work completed to date, 
any changes to the business plan, and the reasons for such changes, and 
shall identify all sole-source contract awards which shall be 
accompanied by a justification as to why said contract was awarded on a 
sole-source basis, as well as progress against the milestones and target 
dates of the 2011 performance improvement plan:  Provided 
further, <<NOTE: Web posting.>> That the Corporation's budget, business 
plan, 5-Year Financial Plan, semiannual reports, and all subsequent 
supplemental plans shall be displayed on the Corporation's Web site 
within a reasonable timeframe following their submission to the 
appropriate <<NOTE: Plans.>> entities:  Provided further, That these 
plans shall be accompanied by a comprehensive fleet plan for all Amtrak 
rolling stock which shall address the Corporation's detailed plans and 
timeframes for the maintenance, refurbishment, replacement, and 
expansion of the Amtrak fleet:  Provided further, That said fleet plan 
shall establish year-specific goals and milestones and discuss 
potential, current, and preferred financing options for all such 
activities:  Provided further, That none of the funds under this heading 
may be obligated or expended until the Corporation agrees to continue 
abiding by the provisions of paragraphs 1, 2, 5, 9, and 11 of the 
summary of conditions for the direct loan agreement of June 28, 2002, in 
the same manner as in effect on the date of enactment of this Act:  
Provided further, That none of the funds provided in this Act may be 
used after March 1, 2012, to support any route on which Amtrak offers a 
discounted fare of more than 50 percent off the normal peak fare:  
Provided further, That the preceding proviso does not apply to routes 
where the operating loss as a result of the discount is covered by a 
State and the State participates in the setting of fares:  Provided 
further, <<NOTE: Budget request.>> That the Corporation shall submit to 
the House and Senate Committees on Appropriations a budget request for 
fiscal year 2013 in similar format and substance to those submitted by 
executive agencies of the Federal Government.

   capital and debt service grants to the national railroad passenger 
                               corporation

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation for capital investments as 
authorized by section 101(c) and 219(b) of the Passenger Rail Investment 
and Improvement Act of 2008 (division B of Public Law 110-432), 
$952,000,000, to remain available until expended, of which not to exceed 
$271,000,000 shall be for debt service obligations as authorized by 
section 102 of such Act:  Provided, That of the amounts made available 
under this heading, not less than $50,000,000 shall be made available to 
bring Amtrak served facilities and stations into compliance with the 
Americans with Disabilities Act:  Provided further, That after an 
initial distribution of up to $200,000,000, which shall be used by the 
Corporation as

[[Page 125 STAT. 661]]

a working capital account, all remaining funds shall be provided to the 
Corporation only on a reimbursable basis:  Provided further, That the 
Secretary may retain up to one-half of 1 percent of the funds provided 
under this heading to fund the costs of project management oversight of 
capital projects funded by grants provided under this heading, as 
authorized by subsection 101(d) of division B of Public Law 110-432:  
Provided further, That the Secretary shall approve funding for capital 
expenditures, including advance purchase orders of materials, for the 
Corporation only after receiving and reviewing a grant request for each 
specific capital project justifying the Federal support to the 
Secretary's satisfaction:  Provided further, That none of the funds 
under this heading may be used to subsidize operating losses of the 
Corporation:  Provided further, That none of the funds under this 
heading may be used for capital projects not approved by the Secretary 
of Transportation or on the Corporation's fiscal year 2012 business 
plan:  Provided further, That in addition to the project management 
oversight funds authorized under section 101(d) of division B of Public 
Law 110-432, the Secretary may retain up to an additional one-half of 1 
percent of the funds provided under this heading to fund expenses 
associated with implementing section 212 of division B of Public Law 
110-432, including the amendments made by section 212 to section 24905 
of title 49, United States Code.

       administrative provisions--federal railroad administration

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

[[Page 125 STAT. 662]]

of the system:  Provided further, <<NOTE: Notification. Deadline.>> That 
Amtrak shall notify House and Senate Committees on Appropriations within 
30 days of waiving such cap and delineate the reasons for such waiver.

                     Federal Transit Administration

                         administrative expenses

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

                         formula and bus grants

                   (liquidation of contract authority)

                       (limitation on obligations)

                          (highway trust fund)

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

                research and university research centers

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

                        capital investment grants

                         (including rescission)

    For necessary expenses to carry out section 5309 of title 49, United 
States Code, $1,955,000,000, to remain available until expended, of 
which $35,481,000 shall be available to carry out

[[Page 125 STAT. 663]]

section 5309(e) of such title:  Provided, That not less than 
$510,000,000 shall be available for preliminary engineering, final 
design, and construction of projects that receive a Full Funding Grant 
Agreement during calendar year 2012:  Provided further, That of the 
funds appropriated under this heading in Public Law 111-8, $58,500,000 
are hereby rescinded.

      grants to the washington metropolitan area transit authority

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

        administrative provisions--federal transit administration

    Sec. 160.  The limitations on obligations for the programs of the 
Federal Transit Administration shall not apply to any authority under 49 
U.S.C. 5338, previously made available for obligation, or to any other 
authority previously made available for obligation.
    Sec. 161.  Notwithstanding any other provision of law, funds 
appropriated or limited by this Act under the Federal Transit 
Administration's discretionary program appropriations headings for 
projects specified in this Act or identified in reports accompanying 
this Act not obligated by September 30, 2014, and other recoveries, 
shall be directed to projects eligible to use the funds for the purposes 
for which they were originally provided.
    Sec. 162.  <<NOTE: Deadline. Transfer authority.>> Notwithstanding 
any other provision of law, any funds appropriated before October 1, 
2011, under any section of chapter 53 of title 49, United States Code, 
that remain available for expenditure, may be transferred to and 
administered under the most recent appropriation heading for any such 
section.

    Sec. 163.  Notwithstanding any other provision of law, unobligated 
funds made available for new fixed guideway system projects under the 
heading ``Federal Transit Administration, Capital Investment Grants'' in 
any appropriations Act prior to this Act may be used during this fiscal 
year to satisfy expenses incurred for such projects.
    Sec. 164.  Notwithstanding any other provision of law, unobligated 
funds or recoveries under section 5309 of title 49, United States Code, 
that are available to the Secretary of Transportation for reallocation 
shall be directed to projects eligible to use the funds for the purposes 
for which they were originally provided.
    Sec. 165.  In addition to the amounts made available under section 
5327(c)(1) of title 49, United States Code, the Secretary may use, for 
program management activities described in section 5327(c)(2), 1 percent 
of the amount made available to carry out section 5316 of title 49, 
United States Code:  Provided, That funds made available for program 
management oversight shall be used to oversee the compliance of a 
recipient or subrecipient of Federal

[[Page 125 STAT. 664]]

transit assistance consistent with activities identified under section 
5327(c)(2) and for purposes of enforcement.
    Sec. 166.  <<NOTE: Vessels.>> Funds made available for Alaska or 
Hawaii ferry boats or ferry terminal facilities pursuant to 49 U.S.C. 
5309(m)(6)(B) may be used to construct new vessels and facilities, or to 
improve existing vessels and facilities, including both the passenger 
and vehicle-related elements of such vessels and facilities, and for 
repair facilities.

    Sec. 167.  <<NOTE: Contracts.>> Notwithstanding any other provision 
of law, none of the funds made available in this Act shall be used to 
enter into a full funding grant agreement for a project with a New 
Starts share greater than 60 percent.

    Sec. 168.  Notwithstanding any other provision of law, fuel for 
vehicle operations, including the cost of utilities used for the 
propulsion of electrically driven vehicles, shall be treated as an 
associated capital maintenance item for purposes of grants made under 
section 5307 of title 49, United States Code, in fiscal year 2012. 
Amounts made available under this heading shall be limited to 
$100,000,000.
    Sec. 169.  The Secretary may not enforce regulations related to 
charter bus service under part 604 of title 49, Code of Federal 
Regulations, for any transit agency who during fiscal year 2008 was both 
initially granted a 60-day period to come into compliance with part 604, 
and then was subsequently granted an exception from said part.
    Sec. 169A.  For purposes of applying the project justification and 
local financial commitment criteria of 49 U.S.C. 5309(d) to a New Starts 
project, the Secretary may consider the costs and ridership of any 
connected project in an instance in which private parties are making 
significant financial contributions to the construction of the connected 
project; additionally, the Secretary may consider the significant 
financial contributions of private parties to the connected project in 
calculating the non-Federal share of net capital project costs for the 
New Starts project.
    Sec. 169B.  All bus new fixed guideway capital projects recommended 
in the President's fiscal year 2012 budget request for funds 
appropriated under the Capital Investment Grants heading in this Act or 
any other Act shall be funded instead from amounts allocated under 49 
U.S.C. 5309(m)(2)(C):  Provided, That all such projects shall remain 
subject to the appropriate requirements of 49 U.S.C. 5309(d) and (e).

              Saint Lawrence Seaway Development Corporation

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

[[Page 125 STAT. 665]]

                       operations and maintenance

                     (harbor maintenance trust fund)

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

                         Maritime Administration

                        maritime security program

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

                         operations and training

                         (including rescission)

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

                              ship disposal

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

[[Page 125 STAT. 666]]

                      assistance to small shipyards

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

           maritime guaranteed loan (title xi) program account

              (including rescission and transfer of funds)

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

           administrative provisions--maritime administration

    Sec. 170.  <<NOTE: Contracts.>> Notwithstanding any other provision 
of this Act, the Maritime Administration is authorized to furnish 
utilities and services and make necessary repairs in connection with any 
lease, contract, or occupancy involving Government property under 
control of the Maritime Administration, and payments received therefor 
shall be credited to the appropriation charged with the cost thereof:  
Provided, That rental payments under any such lease, contract, or 
occupancy for items other than such utilities, services, or repairs 
shall be covered into the Treasury as miscellaneous receipts.

    Sec. 171.  <<NOTE: Contracts.>> None of the funds available or 
appropriated in this Act shall be used by the United States Department 
of Transportation or the United States Maritime Administration to 
negotiate or otherwise execute, enter into, facilitate or perform fee-
for-service contracts for vessel disposal, scrapping or recycling, 
unless there is no qualified domestic ship recycler that will pay any 
sum of money to purchase and scrap or recycle a vessel owned, operated 
or managed by the Maritime Administration or that is part of the 
National Defense Reserve Fleet. Such sales offers must be consistent 
with the solicitation and provide that the work will be performed in a 
timely manner at a facility qualified within the meaning of section 3502 
of Public Law 106-398. Nothing contained herein shall affect the 
Maritime Administration's authority to award contracts at least cost to 
the Federal Government and consistent with the requirements of 16 U.S.C. 
Sec.  5405(c), section 3502, or otherwise authorized under the Federal 
Acquisition Regulation.

    Sec. 172.  <<NOTE: Determination. List.>> Notwithstanding any other 
provision of law, none of the funds provided in this Act shall be used 
to make a determination of the nonavailability of qualified United 
States flag capacity for purposes of 46 U.S.C. 501(b) for the 
transportation of crude oil distributed from the Strategic Petroleum 
Reserve unless as part of that determination the Secretary of 
Transportation, after

[[Page 125 STAT. 667]]

consultation with representatives from the United States flag maritime 
industry, provides to the Secretary of Homeland Security a list of 
United States flag vessels with single or collective capacity that may 
be capable of providing the requested transportation services and a 
written justification for not using such United States flag vessels.

         Pipeline and Hazardous Materials Safety Administration

                           operational expenses

                         (pipeline safety fund)

                      (including transfer of funds)

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

                       hazardous materials safety

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

                             pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

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

[[Page 125 STAT. 668]]

                      emergency preparedness grants

                      (emergency preparedness fund)

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

            Research and Innovative Technology Administration

                        research and development

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

                       Office of Inspector General

                          salaries and expenses

    For necessary expenses of the Office of the Inspector General to 
carry out the provisions of the Inspector General Act of 1978, as 
amended, $79,624,000:  Provided, That the Inspector General shall have 
all necessary authority, in carrying out the duties specified in the 
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate 
allegations of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to regulation by 
the Department:  Provided further, That the funds made available under 
this heading may be used to investigate, pursuant to section 41712 of 
title 49, United States Code:
            (1) unfair or deceptive practices and unfair methods of 
        competition by domestic and foreign air carriers and ticket 
        agents; and
            (2) the compliance of domestic and foreign air carriers with 
        respect to item (1) of this proviso:

  Provided further, That no funding through expenditure transfers shall 
be made between either the Federal Highway Administration, the Federal 
Aviation Administration, the Federal Transit Administration, or the 
National Transportation Safety Board, and the Office of Inspector 
General.

                      Surface Transportation Board

                          salaries and expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $29,310,000:  Provided, 
That notwithstanding any other provision of law, not to

[[Page 125 STAT. 669]]

exceed $1,250,000 from fees established by the Chairman of the Surface 
Transportation Board shall be credited to this appropriation as 
offsetting collections and used for necessary and authorized expenses 
under this heading:  Provided further, That the sum herein appropriated 
from the general fund shall be reduced on a dollar-for-dollar basis as 
such offsetting collections are received during fiscal year 2012, to 
result in a final appropriation from the general fund estimated at no 
more than $28,060,000.

            General Provisions--Department of Transportation

    Sec. 180.  During the current fiscal year, applicable appropriations 
to the Department of Transportation shall be available for maintenance 
and operation of aircraft; hire of passenger motor vehicles and 
aircraft; purchase of liability insurance for motor vehicles operating 
in foreign countries on official department business; and uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
    Sec. 181.  Appropriations contained in this Act for the Department 
of Transportation shall be available for services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the rate for an Executive Level IV.
    Sec. 182.  <<NOTE: Appointees.>> None of the funds in this Act shall 
be available for salaries and expenses of more than 110 political and 
Presidential appointees in the Department of Transportation:  Provided, 
That none of the personnel covered by this provision may be assigned on 
temporary detail outside the Department of Transportation.

    Sec. 183. (a) No recipient of funds made available in this Act shall 
disseminate personal information (as defined in 18 U.S.C. 2725(3)) 
obtained by a State department of motor vehicles in connection with a 
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided 
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not withhold 
funds provided in this Act for any grantee if a State is in 
noncompliance with this provision.
    Sec. 184.  Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training may be credited respectively 
to the Federal Highway Administration's ``Federal-Aid Highways'' 
account, the Federal Transit Administration's ``Research and University 
Research Centers'' account, and to the Federal Railroad Administration's 
``Safety and Operations'' account, except for State rail safety 
inspectors participating in training pursuant to 49 U.S.C. 20105.
    Sec. 185.  <<NOTE: Grants. Notification. Deadline.>> None of the 
funds in this Act to the Department of Transportation may be used to 
make a grant unless the Secretary of Transportation notifies the House 
and Senate Committees on Appropriations not less than 3 full business 
days before any project competitively selected to receive a 
discretionary grant award, any discretionary grant award, letter of 
intent, or full funding grant agreement totaling $1,000,000 or more is 
announced by the department or its modal administrations from:
            (1) any discretionary grant program of the Federal Highway 
        Administration including the emergency relief program;

[[Page 125 STAT. 670]]

            (2) the airport improvement program of the Federal Aviation 
        Administration;
            (3) any program of the Federal Railroad Administration;
            (4) any program of the Federal Transit Administration other 
        than the formula grants and fixed guideway modernization 
        programs; or
            (5) any funding provided under the headings ``National 
        Infrastructure Investments'' and ``Assistance to Small 
        Shipyards'' in this Act:  Provided, <<NOTE: Notification.>> That 
        the Secretary gives concurrent notification to the House and 
        Senate Committees on Appropriations for any ``quick release'' of 
        funds from the emergency relief program:  Provided further, That 
        no notification shall involve funds that are not available for 
        obligation.

    Sec. 186.  Rebates, refunds, incentive payments, minor fees and 
other funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations of 
the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
    Sec. 187.  Amounts made available in this or any other Act that the 
Secretary determines represent improper payments by the Department of 
Transportation to a third-party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by the 
        Department of Transportation in recovering improper payments; 
        and
            (2) to pay contractors for services provided in recovering 
        improper payments or contractor support in the implementation of 
        the Improper Payments Information Act of 2002:  Provided, That 
        amounts in excess of that required for paragraphs (1) and (2)--
                    (A) shall be credited to and merged with the 
                appropriation from which the improper payments were 
                made, and shall be available for the purposes and period 
                for which such appropriations are available; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts:  Provided 
                further, <<NOTE: Notification.>> That prior to the 
                transfer of any such recovery to an appropriations 
                account, the Secretary shall notify to the House and 
                Senate Committees on Appropriations of the amount and 
                reasons for such transfer:  Provided further, That for 
                purposes of this section, the term ``improper 
                payments'', has the same meaning as that provided in 
                section 2(d)(2) of Public Law 107-300.

    Sec. 188.  <<NOTE: Notification.>> Notwithstanding any other 
provision of law, if any funds provided in or limited by this Act are 
subject to a reprogramming action that requires notice to be provided to 
the House and Senate Committees on Appropriations, said reprogramming 
action shall be approved or denied solely by the Committees on 
Appropriations:  Provided, <<NOTE: Deadline.>> That the Secretary may 
provide notice to other congressional committees of the action of the 
Committees on Appropriations on such reprogramming but not sooner than 
30 days following the date on which the reprogramming action has been

[[Page 125 STAT. 671]]

approved or denied by the House and Senate Committees on Appropriations.

    Sec. 189.  <<NOTE: Fees.>> None of the funds appropriated or 
otherwise made available under this Act may be used by the Surface 
Transportation Board of the Department of Transportation to charge or 
collect any filing fee for rate complaints filed with the Board in an 
amount in excess of the amount authorized for district court civil suit 
filing fees under section 1914 of title 28, United States Code.

    Sec. 190.  Funds appropriated in this Act to the modal 
administrations may be obligated for the Office of the Secretary for the 
costs related to assessments or reimbursable agreements only when such 
amounts are for the costs of goods and services that are purchased to 
provide a direct benefit to the applicable modal administration or 
administrations.
    Sec. 191. (a) Membership.--Section 49106(c)(1) of title 49, United 
States Code, is amended--
            (1) in the matter preceding subparagraph (A) by striking 
        ``13 members'' and inserting ``17 members'';
            (2) in subparagraph (A) by striking ``5 members'' and 
        inserting ``7 members'';
            (3) in subparagraph (B) by striking ``3 members'' and 
        inserting ``4 members''; and
            (4) in subparagraph (C) by striking ``2 members'' and 
        inserting ``3 members''.

    (b) Term.--Section 49106(c)(3) of title 49, United States Code, is 
amended by striking the second sentence and inserting the following: 
``Any member of the board shall be eligible for reappointment for 1 
additional term. A member shall not serve after the expiration of the 
member's term(s).''.
    (c) Removal of Board Members.--Section 49106(c)(6)(C) of title 49, 
United States Code, is amended by inserting after the first sentence: 
``A member appointed by the Mayor of the District of Columbia, the 
Governor of Maryland or the Governor of Virginia may be removed or 
suspended from office only for cause and in accordance with the laws of 
jurisdiction from which the member is appointed.''.
    (d) Approval of Bond Issues and Annual Budget.--Section 49106(c)(7) 
of title 49, United States Code, is amended by striking ``Eight votes'' 
and inserting ``Ten votes''.
    Sec. 192.  None of the funds shall be used to enforce traffic 
control device compliance dates on State and local governments for the 
requirements listed in the Manual on Uniform Traffic Control Devices 
(MUTCD) to maintain minimum levels of sign retroflectivity and with 
minimum letter heights for street name signs; require agencies to 
implement an assessment or management method designed to maintain sign 
retroflectivity at or above the established minimum levels, except with 
respect to implementing an assessment or management method for 
regulatory and warning signs; or require agencies to replace regulatory, 
warning, post-mounted, street name, and overhead guide signs that are 
identified using the assessment or management method as failing to meet 
the established minimum retroflectivity levels.
    This title may be cited as the ``Department of Transportation 
Appropriations Act, 2012''.

[[Page 125 STAT. 672]]

TITLE <<NOTE: Department of Housing and Urban Development Appropriations 
Act, 2012.>> II

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                      Management and Administration

               administration, operations, and management

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

[[Page 125 STAT. 673]]

of the managers accompanying this Act:  Provided 
further, <<NOTE: Deadlines. Notification.>> That the Secretary shall 
provide the Committees on Appropriations quarterly written notification 
regarding the status of pending congressional reports:  Provided 
further, <<NOTE: Reports. Electronic submission.>> That the Secretary 
shall provide all signed reports required by Congress electronically:  
Provided further, That not to exceed $25,000 of the amount made 
available under this paragraph for the immediate Office of the Secretary 
shall be available for official reception and representation expenses as 
the Secretary may determine.

                  Program Office Salaries and Expenses

                        public and indian housing

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

                   community planning and development

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

                                 housing

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

                     policy development and research

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

                   fair housing and equal opportunity

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

             office of healthy homes and lead hazard control

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

                     Rental Assistance Demonstration

    To <<NOTE: Transfer authority. Contracts.>> conduct a demonstration 
designed to preserve and improve public housing and certain other 
multifamily housing through the voluntary conversion of properties with 
assistance under section 9 of the United States Housing Act of 1937, 
(hereinafter, ``the Act''), or the moderate rehabilitation program under 
section 8(e)(2) of the Act (except for funds allocated under such 
section for single room occupancy dwellings as authorized by title IV of 
the McKinney-Vento Homeless Assistance Act), to properties with 
assistance under a project-based subsidy contract under section 8 of the 
Act, which shall be eligible for renewal under section 524 of the 
Multifamily Assisted Housing Reform and Affordability Act of 1997, or 
assistance under section 8(o)(13) of the Act, the Secretary may transfer 
amounts provided through contracts under section 8(e)(2) of the Act or 
under the headings ``Public Housing Capital Fund'' and

[[Page 125 STAT. 674]]

``Public Housing Operating Fund'' to the headings ``Tenant-Based Rental 
Assistance'' or ``Project-Based Rental Assistance'':  Provided, That the 
initial long-term contract under which converted assistance is made 
available may allow for rental adjustments only by an operating cost 
factor established by the Secretary, and shall be subject to the 
availability of appropriations for each year of such term:  Provided 
further, <<NOTE: Deadline.>> That project applications may be received 
under this demonstration until September 30, 2015:  Provided further, 
That any increase in cost for ``Tenant-Based Rental Assistance'' or 
``Project-Based Rental Assistance'' associated with such conversion 
shall be equal to amounts transferred from ``Public Housing Capital 
Fund'' and ``Public Housing Operating Fund'' or other account from which 
it was transferred:  Provided further, That not more than 60,000 units 
currently receiving assistance under section 9 or section 8(e)(2) of the 
Act shall be converted under the authority provided under this heading:  
Provided further, That tenants of such properties with assistance 
converted from assistance under section 9 shall, at a minimum, maintain 
the same rights under such conversion as those provided under sections 6 
and 9 of the Act:  Provided further, That the Secretary shall select 
properties from applications for conversion as part of this 
demonstration through a competitive process:  Provided 
further, <<NOTE: Criteria.>> That in establishing criteria for such 
competition, the Secretary shall seek to demonstrate the feasibility of 
this conversion model to recapitalize and operate public housing 
properties (1) in different markets and geographic areas, (2) within 
portfolios managed by public housing agencies of varying sizes, and (3) 
by leveraging other sources of funding to recapitalize properties:  
Provided further, <<NOTE: Public comment.>> That the Secretary shall 
provide an opportunity for public comment on draft eligibility and 
selection criteria and procedures that will apply to the selection of 
properties that will participate in the demonstration:  Provided 
further, That the Secretary shall provide an opportunity for comment 
from residents of properties to be proposed for participation in the 
demonstration to the owners or public housing agencies responsible for 
such <<NOTE: Waiver authority.>> properties:  Provided further, That the 
Secretary may waive or specify alternative requirements for (except for 
requirements related to fair housing, nondiscrimination, labor 
standards, and the environment) any provision of section 8(o)(13) or any 
provision that governs the use of assistance from which a property is 
converted under the demonstration or funds made available under the 
headings of ``Public Housing Capital Fund'', ``Public Housing Operating 
Fund'', and ``Project-Based Rental Assistance'', under this Act or any 
prior Act or any Act enacted during the period of conversion of 
assistance under the demonstration for properties with assistance 
converted under the demonstration, upon a finding by the Secretary that 
any such waivers or alternative requirements are necessary for the 
effective conversion of assistance under the demonstration:  Provided 
further, <<NOTE: Federal Register, publication. Notice. Deadline.>> That 
the Secretary shall publish by notice in the Federal Register any 
waivers or alternative requirements pursuant to the previous proviso no 
later than 10 days before the effective date of such notice:  Provided 
further, That the demonstration may proceed after the Secretary 
publishes notice of its terms in the Federal Register:  Provided 
further, That notwithstanding sections 3 and 16 of the Act, the 
conversion of assistance under the demonstration shall not be the basis 
for re-screening or termination of assistance or eviction of any tenant 
family in a property participating in the

[[Page 125 STAT. 675]]

demonstration, and such a family shall not be considered a new admission 
for any purpose, including compliance with income targeting 
requirements:  Provided further, That in the case of a property with 
assistance converted under the demonstration from assistance under 
section 9 of the Act, section 18 of the Act shall not apply to a 
property converting assistance under the demonstration for all or 
substantially all of its units, the Secretary shall require ownership or 
control of assisted units by a public or nonprofit entity except as 
determined by the Secretary to be necessary pursuant to foreclosure, 
bankruptcy, or termination and transfer of assistance for material 
violations or substantial default, in which case the priority for 
ownership or control shall be provided to a capable public entity, then 
a capable entity, as determined by the Secretary, shall require long-
term renewable use and affordability restrictions for assisted units, 
and may allow ownership to be transferred to a for-profit entity to 
facilitate the use of tax credits only if the public housing agency 
preserves its interest in the property in a manner approved by the 
Secretary, and upon expiration of the initial contract and each renewal 
contract, the Secretary shall offer and the owner of the property shall 
accept renewal of the contract subject to the terms and conditions 
applicable at the time of renewal and the availability of appropriations 
each year of such renewal:  Provided further, <<NOTE: Transfer 
authority.>> That the Secretary may permit transfer of assistance at or 
after conversion under the demonstration to replacement units subject to 
the requirements in the previous proviso:  Provided further, That the 
Secretary may establish the requirements for converted assistance under 
the demonstration through contracts, use agreements, regulations, or 
other means:  Provided further, <<NOTE: Assessment. Publication.>> That 
the Secretary shall assess and publish findings regarding the impact of 
the conversion of assistance under the demonstration on the preservation 
and improvement of public housing, the amount of private sector 
leveraging as a result of such conversion, and the effect of such 
conversion on tenants:  Provided further, <<NOTE: Waiver 
authority. Vouchers.>> That for fiscal years 2012 and 2013, owners of 
properties assisted under section 101 of the Housing and Urban 
Development Act of 1965, section 236(f)(2) of the National Housing Act, 
or section 8(e)(2) (except for funds allocated under such section for 
single room occupancy dwellings as authorized by title IV of the 
McKinney-Vento Homeless Assistance Act) of the United States Housing Act 
of 1937, for which an event after October 1, 2006 has caused or results 
in the termination of rental assistance or affordability restrictions 
and the issuance of tenant protection vouchers under section 8(o) of the 
Act, shall be eligible, subject to requirements established by the 
Secretary, including but not limited to tenant consultation procedures 
and agreement of the administering public housing agency, for conversion 
of assistance available for such vouchers to assistance under section 
8(o)(13) of the Act, to which the limitation under subsection (B) of 
section 8(o)(13) of the Act shall not apply and for which the Secretary 
of Housing and Urban Development may waive or alter the provisions of 
subparagraphs (C) and (D) of section 8(o)(13) of the Act:  Provided 
further, <<NOTE: Study.>> That with respect to the previous proviso, the 
Comptroller General of the United States shall conduct a study of the 
long-term impact of the previous proviso on the ratio of tenant-based 
vouchers to project-based vouchers.

[[Page 125 STAT. 676]]

                        Public and Indian Housing

                     tenant-based rental assistance

    For activities and assistance for the provision of tenant-based 
rental assistance authorized under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not 
otherwise provided for, $14,914,369,000, to remain available until 
expended, shall be available on October 1, 2011 (in addition to the 
$4,000,000,000 previously appropriated under this heading that became 
available on October 1, 2011), and $4,000,000,000, to remain available 
until expended, shall be available on October 1, 2012:  Provided, That 
of the amounts made available under this heading are provided as 
follows:
            (1) $17,242,351,000 shall be available for renewals of 
        expiring section 8 tenant-based annual contributions contracts 
        (including renewals of enhanced vouchers under any provision of 
        law authorizing such assistance under section 8(t) of the Act) 
        and including renewal of other special purpose incremental 
        vouchers:  Provided, <<NOTE: Notice. Federal Register, 
        publication. Vouchers.>> That notwithstanding any other 
        provision of law, from amounts provided under this paragraph and 
        any carryover, the Secretary for the calendar year 2012 funding 
        cycle shall provide renewal funding for each public housing 
        agency based on validated voucher management system (VMS) 
        leasing and cost data for the prior calendar year and by 
        applying an inflation factor as established by the Secretary, by 
        notice published in the Federal Register, and by making any 
        necessary adjustments for the costs associated with the first-
        time renewal of vouchers under this paragraph including tenant 
        protection and HOPE VI vouchers:  Provided further, That none of 
        the funds provided under this paragraph may be used to fund a 
        total number of unit months under lease which exceeds a public 
        housing agency's authorized level of units under contract, 
        except for public housing agencies participating in the Moving 
        to Work (MTW) demonstration, which are instead governed by the 
        terms and conditions of their MTW agreements:  Provided further, 
        That the Secretary shall, to the extent necessary to stay within 
        the amount specified under this paragraph (except as otherwise 
        modified under this Act), pro rate each public housing agency's 
        allocation otherwise established pursuant to this paragraph:  
        Provided further, <<NOTE: Notification. Deadline.>> That except 
        as provided in the following provisos, the entire amount 
        specified under this paragraph (except as otherwise modified 
        under this Act) shall be obligated to the public housing 
        agencies based on the allocation and pro rata method described 
        above, and the Secretary shall notify public housing agencies of 
        their annual budget not later than 60 days after enactment of 
        this Act:  Provided further, <<NOTE: Time period.>> That the 
        Secretary may extend the 60-day notification period with the 
        prior written approval of the House and Senate Committees on 
        Appropriations:  Provided further, That public housing agencies 
        participating in the Moving to Work demonstration shall be 
        funded pursuant to their Moving to Work agreements and shall be 
        subject to the same pro rata adjustments under the previous 
        provisos:  Provided further, That up to $103,000,000 shall be 
        available only: (1) to adjust the allocations for public housing 
        agencies, after application for an adjustment by a public 
        housing agency that

[[Page 125 STAT. 677]]

        experienced a significant increase, as determined by the 
        Secretary, in renewal costs of tenant-based rental assistance 
        resulting from unforeseen circumstances or from portability 
        under section 8(r) of the Act; (2) for vouchers that were not in 
        use during the 12-month period in order to be available to meet 
        a commitment pursuant to section 8(o)(13) of the Act; (3) for 
        adjustments for costs associated with HUD-Veterans Affairs 
        Supportive Housing (HUD-VASH) vouchers; and (4) for incremental 
        tenant-based assistance for eligible families currently assisted 
        under the Disaster Voucher Program as authorized by Public Law 
        109-148 under this heading and the Disaster Housing Assistance 
        Program for Hurricanes Ike and Gustav on the condition that such 
        vouchers will not be re-issued when families leave the program:  
        Provided further, That the Secretary shall allocate amounts 
        under the previous proviso based on need as determined by the 
        Secretary;
            (2) $75,000,000 shall be for section 8 rental assistance for 
        relocation and replacement of housing units that are demolished 
        or disposed of pursuant to section 18 of the Act, conversion of 
        section 23 projects to assistance under section 8, the family 
        unification program under section 8(x) of the Act, relocation of 
        witnesses in connection with efforts to combat crime in public 
        and assisted housing pursuant to a request from a law 
        enforcement or prosecution agency, enhanced vouchers under any 
        provision of law authorizing such assistance under section 8(t) 
        of the Act, HOPE VI vouchers, mandatory and voluntary 
        conversions, and tenant protection assistance including 
        replacement and relocation assistance or for project-based 
        assistance to prevent the displacement of unassisted elderly 
        tenants currently residing in section 202 properties financed 
        between 1959 and 1974 that are refinanced pursuant to Public Law 
        106-569, as amended, or under the authority as provided under 
        this Act:  Provided, That when a public housing development is 
        submitted for demolition or disposition under section 18 of the 
        Act, the Secretary may provide section 8 rental assistance when 
        the units pose an imminent health and safety risk to residents:  
        Provided further, <<NOTE: Vouchers.>> That the Secretary may 
        only provide replacement vouchers for units that were occupied 
        within the previous 24 months that cease to be available as 
        assisted housing, subject only to the availability of funds:  
        Provided further, That of the amounts made available under this 
        paragraph, $10,000,000 may be available to provide tenant 
        protection assistance, not otherwise provided under this 
        paragraph, to residents residing in low-vacancy areas and who 
        may have to pay rents greater than 30 percent of household 
        income, as the result of (1) the maturity of a HUD-insured, HUD-
        held or section 202 loan that requires the permission of the 
        Secretary prior to loan prepayment; (2) the expiration of a 
        rental assistance contract for which the tenants are not 
        eligible for enhanced voucher or tenant protection assistance 
        under existing law; or (3) the expiration of affordability 
        restrictions accompanying a mortgage or preservation program 
        administered by the Secretary:  Provided further, That such 
        tenant protection assistance made available under the previous 
        proviso may be provided under the authority of section 8(t) or 
        section 8(o)(13) of the United States Housing Act of 1937 (42 
        U.S.C.

[[Page 125 STAT. 678]]

        1437f(t)):  Provided 
        further, <<NOTE: Guidelines. Deadline.>> That the Secretary 
        shall issue guidance to implement the previous provisos, 
        including, but not limited to, requirements for defining 
        eligible at-risk households within 120 days of the enactment of 
        this Act;
            (3) $1,350,000,000 shall be for administrative and other 
        expenses of public housing agencies in administering the section 
        8 tenant-based rental assistance program, of which up to 
        $50,000,000 shall be available to the Secretary to allocate to 
        public housing agencies that need additional funds to administer 
        their section 8 programs, including fees associated with section 
        8 tenant protection rental assistance, the administration of 
        disaster related vouchers, Veterans Affairs Supportive Housing 
        vouchers, and other incremental vouchers:  Provided, That no 
        less than $1,300,000,000 of the amount provided in this 
        paragraph shall be allocated to public housing agencies for the 
        calendar year 2012 funding cycle based on section 8(q) of the 
        Act (and related Appropriation Act provisions) as in effect 
        immediately before the enactment of the Quality Housing and Work 
        Responsibility Act of 1998 (Public Law 105-276):  Provided 
        further, That if the amounts made available under this paragraph 
        are insufficient to pay the amounts determined under the 
        previous proviso, the Secretary may decrease the amounts 
        allocated to agencies by a uniform percentage applicable to all 
        agencies receiving funding under this paragraph or may, to the 
        extent necessary to provide full payment of amounts determined 
        under the previous proviso, utilize unobligated balances, 
        including recaptures and carryovers, remaining from funds 
        appropriated to the Department of Housing and Urban Development 
        under this heading from prior fiscal years, notwithstanding the 
        purposes for which such amounts were appropriated:  Provided 
        further, That amounts provided under this paragraph shall be 
        only for activities related to the provision of tenant-based 
        rental assistance authorized under section 8, including related 
        development activities;
            (4) $60,000,000 shall be available for family self-
        sufficiency coordinators under section 23 of the Act;
            (5) $112,018,000 for the renewal of tenant-based assistance 
        contracts under section 811 of the Cranston-Gonzalez National 
        Affordable Housing Act (42 U.S.C. 8013), including necessary 
        administrative expenses;
            (6) <<NOTE: Vouchers.>> $75,000,000 for incremental rental 
        voucher assistance for use through a supported housing program 
        administered in conjunction with the Department of Veterans 
        Affairs as authorized under section 8(o)(19) of the United 
        States Housing Act of 1937:  Provided, That the Secretary of 
        Housing and Urban Development shall make such funding available, 
        notwithstanding section 204 (competition provision) of this 
        title, to public housing agencies that partner with eligible VA 
        Medical Centers or other entities as designated by the Secretary 
        of the Department of Veterans Affairs, based on geographical 
        need for such assistance as identified by the Secretary of the 
        Department of Veterans Affairs, public housing agency 
        administrative performance, and other factors as specified by 
        the Secretary of Housing and Urban Development in consultation 
        with the Secretary of the Department of Veterans <<NOTE: Waiver 
        authority.>> Affairs:  Provided further, That the Secretary of 
        Housing and Urban Development

[[Page 125 STAT. 679]]

        may waive, or specify alternative requirements for (in 
        consultation with the Secretary of the Department of Veterans 
        Affairs), any provision of any statute or regulation that the 
        Secretary of Housing and Urban Development administers in 
        connection with the use of funds made available under this 
        paragraph (except for requirements related to fair housing, 
        nondiscrimination, labor standards, and the environment), upon a 
        finding by the Secretary that any such waivers or alternative 
        requirements are necessary for the effective delivery and 
        administration of such voucher assistance:  Provided further, 
        That assistance made available under this paragraph shall 
        continue to remain available for homeless veterans upon turn-
        over; and
            (7) <<NOTE: Vouchers.>> The Secretary shall separately track 
        all special purpose vouchers funded under this heading.

                        housing certificate fund

                              (rescission)

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

                       public housing capital fund

    For the Public Housing Capital Fund Program to carry out capital and 
management activities for public housing agencies, as authorized under 
section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g) 
(the ``Act'') $1,875,000,000, to remain available until September 30, 
2015:  Provided, That notwithstanding any other provision of law or 
regulation, during fiscal year 2012 the Secretary of Housing and Urban 
Development may not delegate to any Department official other than the 
Deputy Secretary and the Assistant Secretary for Public and Indian 
Housing any authority under paragraph (2) of section 9(j) regarding the 
extension of the time periods under such section:  Provided 
further, <<NOTE: Definition.>> That for purposes of such section 9(j), 
the term ``obligate'' means, with respect to amounts, that the amounts 
are subject to a binding agreement that will result in outlays, 
immediately or in the future:  Provided further, That up to $10,000,000 
shall be to support the ongoing Public Housing Financial and Physical 
Assessment activities of the Real Estate Assessment Center (REAC):  
Provided further, That of the total amount provided under this heading, 
not to exceed $20,000,000 shall be available for the Secretary to make 
grants,

[[Page 125 STAT. 680]]

notwithstanding section 204 of this Act, to public housing agencies for 
emergency capital needs including safety and security measures necessary 
to address crime and drug-related activity as well as needs resulting 
from unforeseen or unpreventable emergencies and natural disasters 
excluding Presidentially declared emergencies and natural disasters 
under the Robert T. Stafford Disaster Relief and Emergency Act (42 
U.S.C. 5121 et seq.) occurring in fiscal year 2012:  Provided further, 
That of the total amount provided under this heading $50,000,000 shall 
be for supportive services, service coordinator and congregate services 
as authorized by section 34 of the Act (42 U.S.C. 1437z-6) and the 
Native American Housing Assistance and Self-Determination Act of 1996 
(25 U.S.C. 4101 et seq.):  Provided further, That of the total amount 
provided under this heading, up to $5,000,000 is to support the costs of 
administrative and judicial receiverships:  Provided 
further, <<NOTE: Bonus awards.>> That from the funds made available 
under this heading, the Secretary shall provide bonus awards in fiscal 
year 2012 to public housing agencies that are designated high 
performers.

                      public housing operating fund

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

                     choice neighborhoods initiative

    For competitive grants under the Choice Neighborhoods Initiative 
(subject to section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v), unless otherwise specified under this heading), for 
transformation, rehabilitation, and replacement

[[Page 125 STAT. 681]]

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

                  native american housing block grants

    For the Native American Housing Block Grants program, as authorized 
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), 
$650,000,000, to remain available until September 30, 2016:  
Provided, <<NOTE: Applicability.>> That, notwithstanding the Native 
American Housing Assistance and Self-Determination Act of 1996, to 
determine the amount of the allocation under title I of such Act for 
each Indian tribe, the Secretary shall apply the formula under section 
302 of such Act with the need component based on single-race census data 
and with the need component based on multi-race census data, and the 
amount of the allocation for each Indian tribe shall be the greater of 
the two resulting allocation amounts:  Provided 
further, <<NOTE: Contracts.>> That of the amounts made available under 
this heading, $2,000,000 shall be contracted for assistance for national 
or regional organizations representing Native American housing interests 
for providing training and technical assistance to Indian housing 
authorities and tribally designated housing entities and $2,000,000 
shall be to support the inspection of Indian housing

[[Page 125 STAT. 682]]

units, contract expertise, training, and technical assistance in the 
training, oversight, and management of such Indian housing and tenant-
based assistance, including up to $200,000 for related travel:  Provided 
further, That of the amount provided under this heading, $2,000,000 
shall be made available for the cost of guaranteed notes and other 
obligations, as authorized by title VI of NAHASDA:  Provided further, 
That such costs, including the costs of modifying such notes and other 
obligations, shall be as defined in section 502 of the Congressional 
Budget Act of 1974, as amended:  Provided further, That these funds are 
available to subsidize the total principal amount of any notes and other 
obligations, any part of which is to be guaranteed, not to 
exceed <<NOTE: Notification. Deadline.>> $20,000,000:  Provided further, 
That the Department will notify grantees of their formula allocation 
within 60 days of enactment of this Act.

                   native hawaiian housing block grant

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

           indian housing loan guarantee fund program account

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

       native hawaiian housing loan guarantee fund program account

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

                   Community Planning and Development

               housing opportunities for persons with aids

    For carrying out the Housing Opportunities for Persons with AIDS 
program, as authorized by the AIDS Housing Opportunity

[[Page 125 STAT. 683]]

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

                       community development fund

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

    

          community development loan guarantees program account

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

                  home investment partnerships program

    For the HOME investment partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing

[[Page 125 STAT. 684]]

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

        self-help and assisted homeownership opportunity program

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

[[Page 125 STAT. 685]]

                       homeless assistance grants

                      (including transfer of funds)

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

[[Page 125 STAT. 686]]

                            Housing Programs

                     project-based rental assistance

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

                         housing for the elderly

    For amendments to capital advance contracts for housing for the 
elderly, as authorized by section 202 of the Housing Act of 1959, as 
amended, and for project rental assistance for the elderly under section 
202(c)(2) of such Act, including amendments to contracts for such 
assistance and renewal of expiring contracts for such assistance for up 
to a 1-year term, and for senior preservation rental assistance 
contracts, as authorized by section 811(e) of the American Housing and 
Economic Opportunity Act of 2000, as

[[Page 125 STAT. 687]]

amended, and for supportive services associated with the housing, 
$374,627,000 to remain available until September 30, 2015:  
Provided, <<NOTE: Grants.>> That of the amount provided under this 
heading, up to $91,000,000 shall be for service coordinators and the 
continuation of existing congregate service grants for residents of 
assisted housing projects, and of which up to $25,000,000 shall be for 
grants under section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) 
for conversion of eligible projects under such section to assisted 
living, service-enriched housing, or related use for substantial and 
emergency repairs as determined by the Secretary:  Provided further, 
That amounts under this heading shall be available for Real Estate 
Assessment Center inspections and inspection-related activities 
associated with section 202 capital advance <<NOTE: Waiver 
authority. Time period.>> projects:  Provided further, That the 
Secretary may waive the provisions of section 202 governing the terms 
and conditions of project rental assistance, except that the initial 
contract term for such assistance shall not exceed 5 years in duration.

                  housing for persons with disabilities

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

                      housing counseling assistance

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

[[Page 125 STAT. 688]]

conditions, meeting their financial needs, and fulfilling the 
responsibilities of tenancy or homeownership; for program 
administration; and for housing counselor training.

                     other assisted housing programs

                        rental housing assistance

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

                             rent supplement

                              (rescission)

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

             payment to manufactured housing fees trust fund

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

[[Page 125 STAT. 689]]

                     Federal Housing Administration

                mutual mortgage insurance program account

                     (including transfers of funds)

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

                general and special risk program account

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

                Government National Mortgage Association

 guarantees of mortgage-backed securities loan guarantee program account

    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), 
shall not exceed $500,000,000,000, to remain available until September 
30, 2013:  Provided, That $19,500,000 shall be available for personnel 
compensation and benefits, and other administrative expenses of the 
Government National Mortgage Association:  Provided further, That to the 
extent that guaranteed loan commitments will and do exceed 
$155,000,000,000 on or before April 1, 2012, an additional $100 for 
personnel compensation and benefits, and administrative expenses shall 
be available until expended for each $1,000,000 in additional guaranteed 
loan commitments (including a pro rata amount for any amount below

[[Page 125 STAT. 690]]

$1,000,000), but in no case shall funds made available by this proviso 
exceed $3,000,000:  Provided further, <<NOTE: Fees.>> That receipts from 
Commitment and Multiclass fees collected pursuant to title III of the 
National Housing Act, as amended, shall be credited as offsetting 
collections to this account.

                     Policy Development and Research

                         research and technology

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

                   Fair Housing and Equal Opportunity

                         fair housing activities

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

[[Page 125 STAT. 691]]

             Office of Healthy Homes and Lead Hazard Control

                          lead hazard reduction

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

                          Working Capital Fund

    For additional capital for the Working Capital Fund (42 U.S.C. 3535) 
for the development of, modifications to, and infrastructure for 
Department-wide and program-specific information technology systems, for 
the continuing operation and maintenance of both Department-wide and 
program-specific information systems, and for program-related 
maintenance activities, $199,035,000, to remain available until 
September 30, 2013:  Provided, That any amounts transferred to this Fund 
under this Act shall remain available until expended:  Provided further, 
That any amounts transferred to this Fund from amounts appropriated by 
previously enacted appropriations Acts may be used for the purposes 
specified under this Fund, in addition to any other information 
technology the purposes for which such amounts were <<NOTE: Expenditure 
plan.>> appropriated:  Provided further, That not more than 25 percent 
of the funds made available under this heading for Development, 
Modernization and Enhancement, including development and deployment of a 
Next Generation of Voucher Management System and development and 
deployment of modernized Federal Housing Administration systems may be

[[Page 125 STAT. 692]]

obligated until the Secretary submits to the Committees on 
Appropriations a plan for expenditure that--(A) identifies for each 
modernization project: (i) the functional and performance capabilities 
to be delivered and the mission benefits to be realized, (ii) the 
estimated life-cycle cost, and (iii) key milestones to be met; (B) 
demonstrates that each modernization project is: (i) compliant with the 
department's enterprise architecture, (ii) being managed in accordance 
with applicable life-cycle management policies and guidance, (iii) 
subject to the department's capital planning and investment control 
requirements, and (iv) supported by an adequately staffed project 
office; and (C) has been reviewed by the Government Accountability 
Office.

                       Office of Inspector General

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

                        transformation initiative

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

     General Provisions--Department of Housing and Urban Development

              (including rescission and transfer of funds)

    Sec. 201.  Fifty percent of the amounts of budget authority, or in 
lieu thereof 50 percent of the cash amounts associated with such budget 
authority, that are recaptured from projects described in section 
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 
1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of cash, 
shall be remitted to the Treasury, and such amounts of budget authority 
or cash recaptured and not rescinded or remitted to the Treasury shall 
be used by State housing finance agencies or local governments or local 
housing agencies with projects approved by the Secretary of Housing and 
Urban Development for which settlement occurred after January 1, 1992, 
in accordance with such section. Notwithstanding the previous sentence, 
the Secretary may award up to 15 percent of the budget authority or cash 
recaptured and not rescinded or remitted to the Treasury to provide 
project owners with incentives to refinance their project at a lower 
interest rate.
    Sec. 202.  None of the amounts made available under this Act may be 
used during fiscal year 2012 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining

[[Page 125 STAT. 693]]

of a nonfrivolous legal action, that is engaged in solely for the 
purpose of achieving or preventing action by a Government official or 
entity, or a court of competent jurisdiction.
    Sec. 203. <<NOTE: Grants. AIDS.>> (a) Notwithstanding section 
854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)(1)(A)), from any amounts made available under this title for 
fiscal year 2012 that are allocated under such section, the Secretary of 
Housing and Urban Development shall allocate and make a grant, in the 
amount determined under subsection (b), for any State that--
            (1) received an allocation in a prior fiscal year under 
        clause (ii) of such section; and
            (2) is not otherwise eligible for an allocation for fiscal 
        year 2012 under such clause (ii) because the areas in the State 
        outside of the metropolitan statistical areas that qualify under 
        clause (i) in fiscal year 2011 do not have the number of cases 
        of acquired immunodeficiency syndrome (AIDS) required under such 
        clause.

    (b) The amount of the allocation and grant for any State described 
in subsection (a) shall be an amount based on the cumulative number of 
AIDS cases in the areas of that State that are outside of metropolitan 
statistical areas that qualify under clause (i) of such section 
854(c)(1)(A) in fiscal year 2012, in proportion to AIDS cases among 
cities and States that qualify under clauses (i) and (ii) of such 
section and States deemed eligible under subsection (a).
    (c) <<NOTE: New Jersey.>> Notwithstanding any other provision of 
law, the amount allocated for fiscal year 2012 under section 854(c) of 
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the city of 
New York, New York, on behalf of the New York-Wayne-White Plains, New 
York-New Jersey Metropolitan Division (hereafter ``metropolitan 
division'') of the New York-Newark-Edison, NY-NJ-PA Metropolitan 
Statistical Area, shall be adjusted by the Secretary of Housing and 
Urban Development by:
            (1) allocating to the city of Jersey City, New Jersey, the 
        proportion of the metropolitan area's or division's amount that 
        is based on the number of cases of AIDS reported in the portion 
        of the metropolitan area or division that is located in Hudson 
        County, New Jersey, and adjusting for the proportion of the 
        metropolitan division's high-incidence bonus if this area in New 
        Jersey also has a higher than average per capita incidence of 
        AIDS; and
            (2) allocating to the city of Paterson, New Jersey, the 
        proportion of the metropolitan area's or division's amount that 
        is based on the number of cases of AIDS reported in the portion 
        of the metropolitan area or division that is located in Bergen 
        County and Passaic County, New Jersey, and adjusting for the 
        proportion of the metropolitan division's high incidence bonus 
        if this area in New Jersey also has a higher than average per 
        capita incidence of AIDS. The recipient cities shall use amounts 
        allocated under this subsection to carry out eligible activities 
        under section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 
        12904) in their respective portions of the metropolitan division 
        that is located in New Jersey.

    (d) <<NOTE: Time period.>> Notwithstanding any other provision of 
law, the amount allocated for fiscal year 2012 under section 854(c) of 
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a 
higher than average per capita incidence of AIDS, shall be adjusted

[[Page 125 STAT. 694]]

by the Secretary on the basis of area incidence reported over a 3-year 
period.

    Sec. 204.  Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title II of 
this Act shall be made on a competitive basis and in accordance with 
section 102 of the Department of Housing and Urban Development Reform 
Act of 1989 (42 U.S.C. 3545).
    Sec. 205.  Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a contract 
or fee basis, and for utilizing and making payment for services and 
facilities of the Federal National Mortgage Association, Government 
National Mortgage Association, Federal Home Loan Mortgage Corporation, 
Federal Financing Bank, Federal Reserve banks or any member thereof, 
Federal Home Loan banks, and any insured bank within the meaning of the 
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1).
    Sec. 206.  Unless otherwise provided for in this Act or through a 
reprogramming of funds, no part of any appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 207.  Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the Government Corporation 
Control Act are hereby authorized to make such expenditures, within the 
limits of funds and borrowing authority available to each such 
corporation or agency and in accordance with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of such Act as may be necessary in carrying out 
the programs set forth in the budget for 2012 for such corporation or 
agency except as hereinafter provided:  Provided, That collections of 
these corporations and agencies may be used for new loan or mortgage 
purchase commitments only to the extent expressly provided for in this 
Act (unless such loans are in support of other forms of assistance 
provided for in this or prior appropriations Acts), except that this 
proviso shall not apply to the mortgage insurance or guaranty operations 
of these corporations, or where loans or mortgage purchases are 
necessary to protect the financial interest of the United States 
Government.
    Sec. 208.  <<NOTE: Deadlines. Reports. Budget.>> The Secretary of 
Housing and Urban Development shall provide quarterly reports to the 
House and Senate Committees on Appropriations regarding all uncommitted, 
unobligated, recaptured and excess funds in each program and activity 
within the jurisdiction of the Department and shall submit additional, 
updated budget information to these Committees upon request.

    Sec. 209. <<NOTE: AIDS. New Jersey.>> (a) Notwithstanding any other 
provision of law, the amount allocated for fiscal year 2012 under 
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), 
to the city of Wilmington, Delaware, on behalf of the Wilmington, 
Delaware-Maryland-New Jersey Metropolitan Division (hereafter 
``metropolitan division''), shall be adjusted by the Secretary of 
Housing and Urban Development by allocating to the State of New Jersey 
the proportion of the metropolitan division's amount that is based on 
the number of cases of AIDS reported in the portion of the metropolitan 
division that is located in New Jersey, and adjusting for the

[[Page 125 STAT. 695]]

proportion of the metropolitan division's high incidence bonus if this 
area in New Jersey also has a higher than average per capita incidence 
of AIDS. The State of New Jersey shall use amounts allocated to the 
State under this subsection to carry out eligible activities under 
section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
portion of the metropolitan division that is located in New Jersey.

    (b) <<NOTE: North Carolina.>> Notwithstanding any other provision of 
law, the Secretary of Housing and Urban Development shall allocate to 
Wake County, North Carolina, the amounts that otherwise would be 
allocated for fiscal year 2012 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)) to the city of Raleigh, North 
Carolina, on behalf of the Raleigh-Cary North Carolina Metropolitan 
Statistical Area. Any amounts allocated to Wake County shall be used to 
carry out eligible activities under section 855 of such Act (42 U.S.C. 
12904) within such metropolitan statistical area.

    (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity 
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development 
may adjust the allocation of the amounts that otherwise would be 
allocated for fiscal year 2012 under section 854(c) of such Act, upon 
the written request of an applicant, in conjunction with the State(s), 
for a formula allocation on behalf of a metropolitan statistical area, 
to designate the State or States in which the metropolitan statistical 
area is located as the eligible grantee(s) of the allocation. In the 
case that a metropolitan statistical area involves more than one State, 
such amounts allocated to each State shall be in proportion to the 
number of cases of AIDS reported in the portion of the metropolitan 
statistical area located in that State. Any amounts allocated to a State 
under this section shall be used to carry out eligible activities within 
the portion of the metropolitan statistical area located in that State.
    Sec. 210.  <<NOTE: Budget.>> The President's formal budget request 
for fiscal year 2013, as well as the Department of Housing and Urban 
Development's congressional budget justifications to be submitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate, shall use the identical account and sub-account structure 
provided under this Act.

    Sec. 211.  <<NOTE: State listing.>> A public housing agency or such 
other entity that administers Federal housing assistance for the Housing 
Authority of the county of Los Angeles, California, the States of 
Alaska, Iowa, and Mississippi shall not be required to include a 
resident of public housing or a recipient of assistance provided under 
section 8 of the United States Housing Act of 1937 on the board of 
directors or a similar governing board of such agency or entity as 
required under section (2)(b) of such Act. Each public housing agency or 
other entity that administers Federal housing assistance under section 8 
for the Housing Authority of the county of Los Angeles, California and 
the States of Alaska, Iowa and Mississippi that chooses not to include a 
resident of public housing or a recipient of section 8 assistance on the 
board of directors or a similar governing board shall establish an 
advisory board of not less than six residents of public housing or 
recipients of section 8 assistance to provide advice and comment to the 
public housing agency or other administering entity on issues related to 
public housing and section 8. <<NOTE: Meetings.>> Such advisory board 
shall meet not less than quarterly.

    Sec. 212. <<NOTE: Transfer authority.>> (a) Notwithstanding any 
other provision of law, subject to the conditions listed in subsection 
(b), for fiscal years 2012

[[Page 125 STAT. 696]]

and 2013, the Secretary of Housing and Urban Development may authorize 
the transfer of some or all project-based assistance, debt and 
statutorily required low-income and very low-income use restrictions, 
associated with one or more multifamily housing project to another 
multifamily housing project or projects.

    (b) Phased Transfers.--Transfers of project-based assistance under 
this section may be done in phases to accommodate the financing and 
other requirements related to rehabilitating or constructing the project 
or projects to which the assistance is transferred, to ensure that such 
project or projects meet the standards under section (c).
    (c) The transfer authorized in subsection (a) is subject to the 
following conditions:
            (1) Number and bedroom size of units.--
                    (A) For occupied units in the transferring project: 
                the number of low-income and very low-income units and 
                the configuration (i.e. bedroom size) provided by the 
                transferring project shall be no less than when 
                transferred to the receiving project or projects and the 
                net dollar amount of Federal assistance provided by the 
                transferring project shall remain the same in the 
                receiving project or projects.
                    (B) For unoccupied units in the transferring 
                project: the Secretary may authorize a reduction in the 
                number of dwelling units in the receiving project or 
                projects to allow for a reconfiguration of bedroom sizes 
                to meet current market demands, as determined by the 
                Secretary and provided there is no increase in the 
                project-based section 8 budget authority.
            (2) The transferring project shall, as determined by the 
        Secretary, be either physically obsolete or economically 
        nonviable.
            (3) <<NOTE: Standards.>> The receiving project or projects 
        shall meet or exceed applicable physical standards established 
        by the Secretary.
            (4) <<NOTE: Notification. Consultation. Certification.>> The 
        owner or mortgagor of the transferring project shall notify and 
        consult with the tenants residing in the transferring project 
        and provide a certification of approval by all appropriate local 
        governmental officials.
            (5) The tenants of the transferring project who remain 
        eligible for assistance to be provided by the receiving project 
        or projects shall not be required to vacate their units in the 
        transferring project or projects until new units in the 
        receiving project are available for occupancy.
            (6) <<NOTE: Determination.>> The Secretary determines that 
        this transfer is in the best interest of the tenants.
            (7) <<NOTE: Waiver authority.>> If either the transferring 
        project or the receiving project or projects meets the condition 
        specified in subsection (d)(2)(A), any lien on the receiving 
        project resulting from additional financing obtained by the 
        owner shall be subordinate to any FHA-insured mortgage lien 
        transferred to, or placed on, such project by the Secretary, 
        except that the Secretary may waive this requirement upon 
        determination that such a waiver is necessary to facilitate the 
        financing of acquisition, construction, and/or rehabilitation of 
        the receiving project or projects.
            (8) <<NOTE: Records. Contracts.>> If the transferring 
        project meets the requirements of subsection (c)(2)(E), the 
        owner or mortgagor of the receiving project or projects shall 
        execute and record either a continuation of the existing use 
        agreement or a new use agreement for

[[Page 125 STAT. 697]]

        the project where, in either case, any use restrictions in such 
        agreement are of no lesser duration than the existing use 
        restrictions.

    (d) <<NOTE: Definitions.>> For purposes of this section--
            (1) the terms ``low-income'' and ``very low-income'' shall 
        have the meanings provided by the statute and/or regulations 
        governing the program under which the project is insured or 
        assisted;
            (2) the term ``multifamily housing project'' means housing 
        that meets one of the following conditions--
                    (A) housing that is subject to a mortgage insured 
                under the National Housing Act;
                    (B) housing that has project-based assistance 
                attached to the structure including projects undergoing 
                mark to market debt restructuring under the Multifamily 
                Assisted Housing Reform and Affordability Housing Act;
                    (C) housing that is assisted under section 202 of 
                the Housing Act of 1959 as amended by section 801 of the 
                Cranston-Gonzales National Affordable Housing Act;
                    (D) housing that is assisted under section 202 of 
                the Housing Act of 1959, as such section existed before 
                the enactment of the Cranston-Gonzales National 
                Affordable Housing Act; or
                    (E) housing or vacant land that is subject to a use 
                agreement;
            (3) the term ``project-based assistance'' means--
                    (A) assistance provided under section 8(b) of the 
                United States Housing Act of 1937;
                    (B) assistance for housing constructed or 
                substantially rehabilitated pursuant to assistance 
                provided under section 8(b)(2) of such Act (as such 
                section existed immediately before October 1, 1983);
                    (C) rent supplement payments under section 101 of 
                the Housing and Urban Development Act of 1965;
                    (D) interest reduction payments under section 236 
                and/or additional assistance payments under section 
                236(f)(2) of the National Housing Act;
                    (E) assistance payments made under section 202(c)(2) 
                of the Housing Act of 1959; and
                    (F) assistance payments made under section 811(d)(2) 
                of the Housing Act of 1959;
            (4) the term ``receiving project or projects'' means the 
        multifamily housing project or projects to which some or all of 
        the project-based assistance, debt, and statutorily required use 
        low-income and very low-income restrictions are to be 
        transferred;
            (5) the term ``transferring project'' means the multifamily 
        housing project which is transferring some or all of the 
        project-based assistance, debt and the statutorily required low-
        income and very low-income use restrictions to the receiving 
        project or projects; and
            (6) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development.

    Sec. 213.  <<NOTE: Native Alaskans.>> The funds made available for 
Native Alaskans under the heading ``Native American Housing Block 
Grants'' in title III of this Act shall be allocated to the same Native 
Alaskan housing block grant recipients that received funds in fiscal 
year 2005.

[[Page 125 STAT. 698]]

    Sec. 214.  <<NOTE: Audits.>> No funds provided under this title may 
be used for an audit of the Government National Mortgage Association 
that makes applicable requirements under the Federal Credit Reform Act 
of 1990 (2 U.S.C. 661 et seq.).

    Sec. 215. (a) No assistance shall be provided under section 8 of the 
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual 
who--
            (1) is enrolled as a student at an institution of higher 
        education (as defined under section 102 of the Higher Education 
        Act of 1965 (20 U.S.C. 1002));
            (2) is under 24 years of age;
            (3) is not a veteran;
            (4) is unmarried;
            (5) does not have a dependent child;
            (6) is not a person with disabilities, as such term is 
        defined in section 3(b)(3)(E) of the United States Housing Act 
        of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
        assistance under such section 8 as of November 30, 2005; and
            (7) is not otherwise individually eligible, or has parents 
        who, individually or jointly, are not eligible, to receive 
        assistance under section 8 of the United States Housing Act of 
        1937 (42 U.S.C. 1437f).

    (b) For purposes of determining the eligibility of a person to 
receive assistance under section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts 
received for tuition and any other required fees and charges) that an 
individual receives under the Higher Education Act of 1965 (20 U.S.C. 
1001 et seq.), from private sources, or an institution of higher 
education (as defined under the Higher Education Act of 1965 (20 U.S.C. 
1002)), shall be considered income to that individual, except for a 
person over the age of 23 with dependent children.
    Sec. 216.  Notwithstanding the limitation in the first sentence of 
section 255(g) of the National Housing Act (12 U.S.C. 1715z-g), the 
Secretary of Housing and Urban Development may, until September 30, 
2012, insure and enter into commitments to insure mortgages under 
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20).
    Sec. 217.  Notwithstanding any other provision of law, in fiscal 
year 2012, in managing and disposing of any multifamily property that is 
owned or has a mortgage held by the Secretary of Housing and Urban 
Development, and during the process of foreclosure on any property with 
a contract for rental assistance payments under section 8 of the United 
States Housing Act of 1937 or other Federal programs, the Secretary 
shall maintain any rental assistance payments under section 8 of the 
United States Housing Act of 1937 and other programs that are attached 
to any dwelling units in the 
property. <<NOTE: Determination. Contracts.>> To the extent the 
Secretary determines, in consultation with the tenants and the local 
government, that such a multifamily property owned or held by the 
Secretary is not feasible for continued rental assistance payments under 
such section 8 or other programs, based on consideration of (1) the 
costs of rehabilitating and operating the property and all available 
Federal, State, and local resources, including rent adjustments under 
section 524 of the Multifamily Assisted Housing Reform and Affordability 
Act of 1997 (``MAHRAA'') and (2) environmental conditions that cannot be 
remedied in a cost-effective fashion, the

[[Page 125 STAT. 699]]

Secretary may, in consultation with the tenants of that property, 
contract for project-based rental assistance payments with an owner or 
owners of other existing housing properties, or provide other rental 
assistance. The Secretary shall also take appropriate steps to ensure 
that project-based contracts remain in effect prior to foreclosure, 
subject to the exercise of contractual abatement remedies to assist 
relocation of tenants for imminent major threats to health and safety 
after written notice to and informed consent of the affected tenants and 
use of other available remedies, such as partial abatements or 
receivership. After disposition of any multifamily property described 
under this section, the contract and allowable rent levels on such 
properties shall be subject to the requirements under section 524 of 
MAHRAA.

    Sec. 218.  <<NOTE: Reports. Deadlines. Contracts.>> The Secretary of 
Housing and Urban Development shall report quarterly to the House of 
Representatives and Senate Committees on Appropriations on HUD's use of 
all sole-source contracts, including terms of the contracts, cost, and a 
substantive rationale for using a sole-source contract.

    Sec. 219.  <<NOTE: Michigan. Determination.>> During fiscal year 
2012, in the provision of rental assistance under section 8(o) of the 
United States Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection 
with a program to demonstrate the economy and effectiveness of providing 
such assistance for use in assisted living facilities that is carried 
out in the counties of the State of Michigan notwithstanding paragraphs 
(3) and (18)(B)(iii) of such section 8(o), a family residing in an 
assisted living facility in any such county, on behalf of which a public 
housing agency provides assistance pursuant to section 8(o)(18) of such 
Act, may be required, at the time the family initially receives such 
assistance, to pay rent in an amount exceeding 40 percent of the monthly 
adjusted income of the family by such a percentage or amount as the 
Secretary of Housing and Urban Development determines to be appropriate.

    Sec. 220.  Notwithstanding any other provision of law, the recipient 
of a grant under section 202b of the Housing Act of 1959 (12 U.S.C. 
1701q) after December 26, 2000, in accordance with the unnumbered 
paragraph at the end of section 202(b) of such Act, may, at its option, 
establish a single-asset nonprofit entity to own the project and may 
lend the grant funds to such entity, which may be a private nonprofit 
organization described in section 831 of the American Homeownership and 
Economic Opportunity Act of 2000.
    Sec. 221.  The amounts provided under the subheading ``Program 
Account'' under the heading ``Community Development Loan Guarantees'' 
may be used to guarantee, or make commitments to guarantee, notes, or 
other obligations issued by any State on behalf of non-entitlement 
communities in the State in accordance with the requirements of section 
108 of the Housing and Community Development Act of 1974:  Provided, 
That any State receiving such a guarantee or commitment shall distribute 
all funds subject to such guarantee to the units of general local 
government in non-entitlement areas that received the commitment.
    Sec. 222.  Section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v) is amended--
            (1) in subsection (m)(1), by striking ``fiscal year'' and 
        all that follows through the period at the end and inserting 
        ``fiscal year 2012.''; and

[[Page 125 STAT. 700]]

            (2) in subsection (o), by striking ``September'' and all 
        that follows through the period at the end and inserting 
        ``September 30, 2012.''.

    Sec. 223.  <<NOTE: Exemption.>> Public housing agencies that own and 
operate 400 or fewer public housing units may elect to be exempt from 
any asset management requirement imposed by the Secretary of Housing and 
Urban Development in connection with the operating fund rule:  Provided, 
That an agency seeking a discontinuance of a reduction of subsidy under 
the operating fund formula shall not be exempt from asset management 
requirements.

    Sec. 224.  <<NOTE: 42 USC 1437g note.>> With respect to the use of 
amounts provided in this Act and in future Acts for the operation, 
capital improvement and management of public housing as authorized by 
sections 9(d) and 9(e) of the United States Housing Act of 1937 (42 
U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement 
or guideline relating to asset management that restricts or limits in 
any way the use of capital funds for central office costs pursuant to 
section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42 
U.S.C. 1437g(g)(1), (2)):  Provided, That a public housing agency may 
not use capital funds authorized under section 9(d) for activities that 
are eligible under section 9(e) for assistance with amounts from the 
operating fund in excess of the amounts permitted under section 9(g)(1) 
or 9(g)(2).

    Sec. 225.  <<NOTE: Allotment holder. Determination.>> No official or 
employee of the Department of Housing and Urban Development shall be 
designated as an allotment holder unless the Office of the Chief 
Financial Officer has determined that such allotment holder has 
implemented an adequate system of funds control and has received 
training in funds control procedures and 
directives. <<NOTE: Deadline. Designations.>> The Chief Financial 
Officer shall ensure that, not later than 90 days after the date of 
enactment of this Act, a trained allotment holder shall be designated 
for each HUD subaccount under the heading ``Administration, Operations, 
and Management'' as well as each account receiving appropriations for 
``Program Office Salaries and Expenses'' within the Department of 
Housing and Urban Development.

    Sec. 226.  <<NOTE: Reports. Deadlines.>> The Secretary of Housing 
and Urban Development shall report quarterly to the House and Senate 
Committees on Appropriations on the status of all section 8 project-
based housing, including the number of all project-based units by region 
as well as an analysis of all federally subsidized housing being 
refinanced under the Mark-to-Market program. The Secretary shall in the 
report identify all existing units maintained by region as section 8 
project-based units and all project-based units that have opted out of 
section 8 or have otherwise been eliminated as section 8 project-based 
units. The Secretary shall identify in detail and by project all the 
efforts made by the Department to preserve all section 8 project-based 
housing units and all the reasons for any units which opted out or 
otherwise were lost as section 8 project-based units. Such analysis 
shall include a review of the impact of the loss of any subsidized units 
in that housing marketplace, such as the impact of cost and the loss of 
available subsidized, low-income housing in areas with scarce housing 
resources for low-income families.

    Sec. 227.  Payment of attorney fees in program-related litigation 
must be paid from individual program office personnel benefits and 
compensation funding. The annual budget submission for program office 
personnel benefit and compensation funding must

[[Page 125 STAT. 701]]

include program-related litigation costs for attorney fees as a separate 
line item request.
    Sec. 228.  <<NOTE: Notification. Federal Register, publication. 42 
USC 3545a.>> The Secretary of the Department of Housing and Urban 
Development shall for fiscal year 2012 and subsequent fiscal years, 
notify the public through the Federal Register and other means, as 
determined appropriate, of the issuance of a notice of the availability 
of assistance or notice of funding availability (NOFA) for any program 
or discretionary fund administered by the Secretary that is to be 
competitively awarded. <<NOTE: Web posting.>> Notwithstanding any other 
provision of law, for fiscal year 2012 and subsequent fiscal years, the 
Secretary may make the NOFA available only on the Internet at the 
appropriate Government Web site or through other electronic media, as 
determined by the Secretary.

    Sec. 229.  <<NOTE: Transfer authority.>> The Secretary of the 
Department of Housing and Urban Development is authorized to transfer up 
to 5 percent or $5,000,000, whichever is less, of the funds appropriated 
for any office funded under the heading ``Administration, Operations, 
and Management'' to any other office funded under such heading:  
Provided, That no appropriation for any office funded under the heading 
``Administration, Operations, and Management'' shall be increased or 
decreased by more than 5 percent or $5,000,000, whichever is less, 
without prior written approval of the House and Senate Committees on 
Appropriations:  Provided further, That the Secretary is authorized to 
transfer up to 5 percent or $5,000,000, whichever is less, of the funds 
appropriated for any account funded under the general heading ``Program 
Office Salaries and Expenses'' to any other account funded under such 
heading:  Provided further, That no appropriation for any account funded 
under the general heading ``Program Office Salaries and Expenses'' shall 
be increased or decreased by more than 5 percent or $5,000,000, 
whichever is less, without prior written approval of the House and 
Senate Committees on Appropriations:  Provided further, That the 
Secretary may transfer funds made available for salaries and expenses 
between any office funded under the heading ``Administration, Operations 
and Management'' and any account funded under the general heading 
``Program Office Salaries and Expenses'', but only with the prior 
written approval of the House and Senate Committees on Appropriations.

    Sec. 230.  The Disaster Housing Assistance Programs, administered by 
the Department of Housing and Urban Development, shall be considered a 
``program of the Department of Housing and Urban Development'' under 
section 904 of the McKinney Act for the purpose of income verifications 
and matching.
    Sec. 231.  <<NOTE: Study.>> The Comptroller General of the United 
States shall carry out a study of the effectiveness of the block grant 
programs administered by the Office of Community Planning and 
Development of the Department of Housing and Urban Development, 
including an examination of best practices utilized by program grantees 
and performance metrics utilized by 
the <<NOTE: Deadline. Reports.>> Department. Not later than 180 days of 
enactment of this Act, the Comptroller General shall submit a report to 
the Congress describing its findings, including such best practices and 
performance metrics.

    Sec. 232.  The Secretary shall take actions necessary to improve 
data quality, data management, and grantee oversight and accountability 
with respect to programs and activities administered by the Office of 
Community Planning and Development. The Secretary shall address the 
problems identified by the Inspector General

[[Page 125 STAT. 702]]

of the Department in audits and audit reports since 2006, including 
ongoing audits, with respect to such programs 
and <<NOTE: Deadline. Reports.>> activities. Not later than 120 days 
after enactment of this Act, the Secretary shall submit a report to the 
Congress on progress achieved by the Department with respect to 
addressing such problems and identifying further improvements that can 
be made (including improvements relating to information technology) and 
proposed actions and timelines to carry out such improvements.

    Sec. 233.  Of the amounts made available for salaries and expenses 
under all accounts under this title (except for the Office of Inspector 
General account), a total of up to $10,000,000 may be transferred to and 
merged with amounts made available in the ``Working Capital Fund'' 
account under this title.
    Sec. 234. (a) None of the funds made available by this Act for 
purposes authorized under section 8 (only with respect to the tenant-
based rental assistance program) and section 9 of the United States 
Housing Act of 1937 (42 U.S.C. 1437 et seq.) may be used by any public 
housing agency for any amount of salary, for the chief executive officer 
of which, or any other official or employee of which, that exceeds the 
annual rate of basic pay payable for a position at level IV of the 
Executive Schedule at any time during any public housing agency fiscal 
year 2012.
    (b) <<NOTE: Effective date.>> Subsection (a) shall take effect 120 
days after the date of enactment of this Act.

    Sec. 235.  Title II of division I of Public Law 108-447 and title 
III of Public Law 109-115 <<NOTE: 12 USC 1715z-1 notes.>> are each 
amended by striking the item related to ``Flexible Subsidy Fund''.

    Sec. 236.  <<NOTE: Rescissions.>> Of the unobligated balances 
remaining from funds appropriated under the heading ``Tenant-Based 
Rental Assistance'' under the ``Full-Year Continuing Appropriations Act, 
2011'', $650,000,000 are rescinded from the $4,000,000,000 which are 
available on October 1, 2011:  Provided, That such amounts may be 
derived from reductions to public housing agencies' calendar year 2012 
allocations based on the excess amounts of public housing agencies' net 
restricted assets accounts, including the net restricted assets of MTW 
agencies (in accordance with VMS data in calendar year 2011 that is 
verifiable and complete), as determined by the Secretary.

    Sec. 237.  Section 579 of the Multifamily Assisted Housing Reform 
and Affordability Act of 1997 (42 U.S.C. 1437f) is amended by striking 
``October 1, 2011'' each place it appears and inserting in lieu thereof 
``October 1, 2015''.
    Sec. 238.  <<NOTE: Time period.>> Notwithstanding any other 
provision of law, for mortgages for which a Federal Housing 
Administration case number has been assigned during the period beginning 
on the date of enactment of this Act and ending on December 31, 2013, 
the dollar amount limitation on the principal obligation for purposes of 
section 203 of the National Housing Act (12 U.S.C. 1709) shall be 
considered to be, except for purposes of section 255(g) of such Act (12 
U.S.C. 1715z-20(g)), the greater of--
            (1) the dollar amount limitation on the principal obligation 
        of a mortgage determined under section 203(b)(2) of the National 
        Housing Act (12 U.S.C. 1709(b)(2)); or
            (2) the dollar amount limitation that was prescribed for 
        such size residence for such area for 2008 pursuant to section 
        202 of the Economic Stimulus Act of 2008 (Public Law 110-185; 
        122 Stat. 620).

[[Page 125 STAT. 703]]

    Sec. 239.  Of the funds made available for the `Department of 
Housing and Urban Development, Community Planning and Development, 
Community Development Fund', up to $300,000,000, to remain available 
until expended, shall be for necessary expenses for activities 
authorized under title I of the Housing and Community Development Act of 
1974 (Public Law 93-383) related to disaster relief, long-term recovery, 
restoration of infrastructure and housing, and economic revitalization 
in the most impacted and distressed areas resulting from a major 
disaster declared pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) in 2011:  Provided, 
That funds shall be awarded directly to the State or unit of general 
local government at the discretion of the Secretary:  Provided 
further, <<NOTE: Plans.>> That prior to the obligation of funds a 
grantee shall submit a plan to the Secretary detailing the proposed use 
of all funds, including criteria for eligibility and how the use of 
these funds will address long-term recovery and restoration of 
infrastructure:  Provided further, That such funds may not be used for 
activities reimbursable by, or for which funds are made available by, 
the Federal Emergency Management Agency or the Army Corps of Engineers:  
Provided further, That funds allocated under this heading shall not be 
considered relevant to the non-disaster formula allocations under the 
Community Development Fund:  Provided further, That a State or 
subdivision thereof may use up to 5 percent of its allocation for 
administrative costs:  Provided further, <<NOTE: Waiver 
authority.>> That in administering the funds under this heading, the 
Secretary of Housing and Urban Development may waive, or specify 
alternative requirements for, any provision of any statute or regulation 
that the Secretary administers in connection with the obligation by the 
Secretary or the use by the recipient of these funds or guarantees 
(except for requirements related to fair housing, nondiscrimination, 
labor standards, and the environment), upon a request by a State or 
subdivision thereof explaining why such waiver is required to facilitate 
the use of such funds or guarantees, if the Secretary finds that such 
waiver would not be inconsistent with the overall purpose of title I of 
the Housing and Community Development Act of 1974:  Provided 
further, <<NOTE: Federal Register, publication. Deadline.>> That the 
Secretary shall publish in the Federal Register any waiver of any 
statute or regulation that the Secretary administers pursuant to title I 
of the Housing and Community Development Act of 1974 no later than 5 
days before the effective date of such waiver:  Provided further, That 
an additional $100,000,000 shall be available for the same purposes and 
terms described in this section and shall be designated by Congress as 
being for disaster relief pursuant to section 251(b)(2)(D) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

    This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2012''.
    

[[Page 125 STAT. 704]]

                                TITLE III

                            RELATED AGENCIES

                              Access Board

                          salaries and expenses

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

                       Federal Maritime Commission

                          salaries and expenses

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

   National Railroad Passenger Corporation Office of Inspector General

                          salaries and expenses

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

[[Page 125 STAT. 705]]

                  National Transportation Safety Board

                          salaries and expenses

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

                  Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $135,300,000, of 
which $5,000,000 shall be for a multi-family rental housing program:  
Provided, That in addition, $80,000,000 shall be made available until 
expended to the Neighborhood Reinvestment Corporation for mortgage 
foreclosure mitigation activities, under the following terms and 
conditions:
            (1) <<NOTE: Grants.>> The Neighborhood Reinvestment 
        Corporation (``NRC'') shall make grants to counseling 
        intermediaries approved by the Department of Housing and Urban 
        Development (HUD) (with match to be determined by the NRC based 
        on affordability and the economic conditions of an area; a match 
        also may be waived by the NRC based on the aforementioned 
        conditions) to provide mortgage foreclosure mitigation 
        assistance primarily to States and areas with high rates of 
        defaults and foreclosures to help eliminate the default and 
        foreclosure of mortgages of owner-occupied single-family homes 
        that are at risk of such foreclosure. Other than areas with high 
        rates of defaults and foreclosures, grants may also be provided 
        to approved counseling intermediaries based on a geographic 
        analysis of the Nation by the NRC which determines where there 
        is a prevalence of mortgages that are risky and likely to fail, 
        including any trends for mortgages that are likely to default 
        and face foreclosure. A State Housing Finance Agency may also be 
        eligible where the State Housing Finance Agency meets all the 
        requirements under this paragraph. A HUD-approved counseling 
        intermediary shall meet certain mortgage foreclosure mitigation 
        assistance counseling requirements, as determined by the NRC, 
        and shall be approved by HUD or the NRC as meeting these 
        requirements.
            (2) Mortgage foreclosure mitigation assistance shall only be 
        made available to homeowners of owner-occupied homes with 
        mortgages in default or in danger of default. These mortgages 
        shall likely be subject to a foreclosure action and homeowners 
        will be provided such assistance that shall consist of 
        activities that are likely to prevent foreclosures and result in 
        the long-term affordability of the mortgage retained pursuant to 
        such activity or another positive outcome for the homeowner.

[[Page 125 STAT. 706]]

        No funds made available under this paragraph may be provided 
        directly to lenders or homeowners to discharge outstanding 
        mortgage balances or for any other direct debt reduction 
        payments.
            (3) The use of Mortgage Foreclosure Mitigation Assistance by 
        approved counseling intermediaries and State Housing Finance 
        Agencies shall involve a reasonable analysis of the borrower's 
        financial situation, an evaluation of the current value of the 
        property that is subject to the mortgage, counseling regarding 
        the assumption of the mortgage by another non-Federal party, 
        counseling regarding the possible purchase of the mortgage by a 
        non-Federal third party, counseling and advice of all likely 
        restructuring and refinancing strategies or the approval of a 
        work-out strategy by all interested parties.
            (4) NRC may provide up to 15 percent of the total funds 
        under this paragraph to its own charter members with expertise 
        in foreclosure prevention counseling, subject to a certification 
        by the NRC that the procedures for selection do not consist of 
        any procedures or activities that could be construed as an 
        unacceptable conflict of interest or have the appearance of 
        impropriety.
            (5) HUD-approved counseling entities and State Housing 
        Finance Agencies receiving funds under this paragraph shall have 
        demonstrated experience in successfully working with financial 
        institutions as well as borrowers facing default, delinquency 
        and foreclosure as well as documented counseling capacity, 
        outreach capacity, past successful performance and positive 
        outcomes with documented counseling plans (including post 
        mortgage foreclosure mitigation counseling), loan workout 
        agreements and loan modification agreements. NRC may use other 
        criteria to demonstrate capacity in underserved areas.
            (6) Of the total amount made available under this paragraph, 
        up to $3,000,000 may be made available to build the mortgage 
        foreclosure and default mitigation counseling capacity of 
        counseling intermediaries through NRC training courses with HUD-
        approved counseling intermediaries and their partners, except 
        that private financial institutions that participate in NRC 
        training shall pay market rates for such training.
            (7) Of the total amount made available under this paragraph, 
        up to 5 percent may be used for associated administrative 
        expenses for the NRC to carry out activities provided under this 
        section.
            (8) Mortgage foreclosure mitigation assistance grants may 
        include a budget for outreach and advertising, and training, as 
        determined by the NRC.
            (9) <<NOTE: Reports. Deadline.>> The NRC shall continue to 
        report bi-annually to the House and Senate Committees on 
        Appropriations as well as the Senate Banking Committee and House 
        Financial Services Committee on its efforts to mitigate mortgage 
        default.

            United States Interagency Council on Homelessness

                           operating expenses

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms, and the employment of experts and consultants under section

[[Page 125 STAT. 707]]

3109 of title 5, United States Code) of the United States Interagency 
Council on Homelessness in carrying out the functions pursuant to title 
II of the McKinney-Vento Homeless Assistance Act, as amended, 
$3,300,000. Section 209 of the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11319) is amended by striking all that follows ``on'' and 
inserting ``October 1, 2015''.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401.  <<NOTE: Pay raises.>> Such sums as may be necessary for 
fiscal year 2012 pay raises for programs funded in this Act shall be 
absorbed within the levels appropriated in this Act or previous 
appropriations Acts.

    Sec. 402.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 403.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 404.  <<NOTE: Contracts.>> The expenditure of any appropriation 
under this Act for any consulting service through procurement contract 
pursuant to section 3109 of title 5, United States Code, shall be 
limited to those contracts where such expenditures are a matter of 
public record and available for public inspection, except where 
otherwise provided under existing law, or under existing Executive order 
issued pursuant to existing law.

    Sec. 405.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2012, or provided from any 
accounts in the Treasury derived by the collection of fees and available 
to the agencies funded by this Act, shall be available for obligation or 
expenditure through a reprogramming of funds that:
            (1) creates a new program;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        the Congress;
            (4) proposes to use funds directed for a specific activity 
        by either the House or Senate Committees on Appropriations for a 
        different purpose;
            (5) augments existing programs, projects, or activities in 
        excess of $5,000,000 or 10 percent, whichever is less;
            (6) reduces existing programs, projects, or activities by 
        $5,000,000 or 10 percent, whichever is less; or
            (7) creates, reorganizes, or restructures a branch, 
        division, office, bureau, board, commission, agency, 
        administration, or department different from the budget 
        justifications submitted to the Committees on Appropriations or 
        the table accompanying the explanatory statement accompanying 
        this Act, whichever is more detailed, unless prior approval is 
        received from the House and Senate Committees on Appropriations: 
         Provided, That <<NOTE: Deadline. Reports.>> not later than 60 
        days after the date of enactment of

[[Page 125 STAT. 708]]

        this Act, each agency funded by this Act shall submit a report 
        to the Committees on Appropriations of the Senate and of the 
        House of Representatives to establish the baseline for 
        application of reprogramming and transfer authorities for the 
        current fiscal year:  Provided further, That the report shall 
        include:
                    (A) a table for each appropriation with a separate 
                column to display the President's budget request, 
                adjustments made by Congress, adjustments due to enacted 
                rescissions, if appropriate, and the fiscal year enacted 
                level;
                    (B) a delineation in the table for each 
                appropriation both by object class and program, project, 
                and activity as detailed in the budget appendix for the 
                respective appropriation; and
                    (C) an identification of items of special 
                congressional interest:  Provided further, That the 
                amount appropriated or limited for salaries and expenses 
                for an agency shall be reduced by $100,000 per day for 
                each day after the required date that the report has not 
                been submitted to the Congress.

    Sec. 406.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2012 from appropriations made available for salaries and 
expenses for fiscal year 2012 in this Act, shall remain available 
through September 30, 2013, for each such account for the purposes 
authorized:  Provided, <<NOTE: Submission.>> That a request shall be 
submitted to the House and Senate Committees on Appropriations for 
approval prior to the expenditure of such funds:  Provided further, That 
these requests shall be made in compliance with reprogramming guidelines 
under section 405 of this Act.

    Sec. 407.  <<NOTE: Reports. Deadline.>> All Federal agencies and 
departments that are funded under this Act shall issue a report to the 
House and Senate Committees on Appropriations on all sole-source 
contracts by no later than July 30, 2012. Such report shall include the 
contractor, the amount of the contract and the rationale for using a 
sole-source contract.

    Sec. 408. (a) None of the funds made available in this Act may be 
obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.

    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 409.  <<NOTE: Eminent domain.>> No funds in this Act may be 
used to support any Federal, State, or local projects that seek to use 
the power of

[[Page 125 STAT. 709]]

eminent domain, unless eminent domain is employed only for a public use: 
 Provided, That for purposes of this section, public use shall not be 
construed to include economic development that primarily benefits 
private entities:  Provided further, That any use of funds for mass 
transit, railroad, airport, seaport or highway projects as well as 
utility projects which benefit or serve the general public (including 
energy-related, communication-related, water-related and wastewater-
related infrastructure), other structures designated for use by the 
general public or which have other common-carrier or public-utility 
functions that serve the general public and are subject to regulation 
and oversight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownsfield as defined 
in the Small Business Liability Relief and Brownsfield Revitalization 
Act (Public Law 107-118) shall be considered a public use for purposes 
of eminent domain.

    Sec. 410.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 411.  <<NOTE: Deadline. Time period.>> No part of any 
appropriation contained in this Act shall be available to pay the salary 
for any person filling a position, other than a temporary position, 
formerly held by an employee who has left to enter the Armed Forces of 
the United States and has satisfactorily completed his period of active 
military or naval service, and has within 90 days after his release from 
such service or from hospitalization continuing after discharge for a 
period of not more than 1 year, made application for restoration to his 
former position and has been certified by the Office of Personnel 
Management as still qualified to perform the duties of his former 
position and has not been restored thereto.

    Sec. 412.  No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').
    Sec. 413.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 414.  None of the funds made available in this Act may be used 
for first-class airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41, Code of Federal Regulations.
    Sec. 415.  None of the funds made available under this Act or any 
prior Act may be provided to the Association of Community Organizations 
for Reform Now (ACORN), or any of its affiliates, subsidiaries, or 
allied organizations.
    Sec. 416.  <<NOTE: Inventory reports.>> All agencies and departments 
funded by this Act shall send to Congress at the end of the fiscal year 
a report containing a complete inventory of the total number of vehicles 
owned, permanently retired, and purchased during fiscal year 2012 as 
well as the total cost of the vehicle fleet, including maintenance, 
fuel, storage, purchasing, and leasing.

[[Page 125 STAT. 710]]

    This division may be cited as the ``Transportation, Housing and 
Urban Development, and Related Agencies Appropriations Act, 2012''.

           DIVISION D--FURTHER CONTINUING APPROPRIATIONS, 2012

    Sec. 101.  The Continuing Appropriations Act, 2012 (Public Law 112-
36) is amended by striking the date specified in section 
106(3) <<NOTE: Ante, p. 387.>> and inserting ``December 16, 2011''.

    Approved November 18, 2011.

LEGISLATIVE HISTORY--H.R. 2112:
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HOUSE REPORTS: Nos. 112-101 (Comm. on Appropriations) and 112-284
                   (Comm. of Conference).
SENATE REPORTS: No. 112-73 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 157 (2011):
            June 14-16, considered and passed House.
            Oct. 17-20, Nov. 1, considered and passed Senate, amended.
            Nov. 17, House and Senate agreed to conference report.

                                  <all>
Consolidated and Further Continuing Appropriations Act, 2012

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