[112th Congress Public Law 55]
[From the U.S. Government Printing 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:
---------------------------------------------------------------------------
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>