U.S. Congress - Text of H.R.2112 as Enrolled Bill Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appr...
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Donate NowH.R.2112 - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012
Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2012, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Reported in House | 16,448 | n/a | n/a |
| Engrossed in House | 16,802 | 31 | 10% |
| Referred in Senate | 16,713 | 5 | 0% |
| Reported in Senate | 34,067 | 441 | 47% |
| Engrossed Amendment Senate | 79,655 | 55 | 88% |
| Enrolled Bill | 76,784 | 1,094 Show Changes Hide Changes | 35% |
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HR 2112 EAS In the Senate of the United States, November 1, 2011.
) entitled ‘An Act making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies
One Hundred Twelfth Congress
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of theCommentsClose CommentsPermalink
United States of AmericaCommentsClose CommentsPermalink
AT THE FIRST SESSIONCommentsClose CommentsPermalink
Begun and held at the City of Washington on Wednesday,CommentsClose CommentsPermalink
the fifth day of January, two thousand and elevenCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
’, do pass with the following AMENDMENTS: Strike out all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.CommentsClose CommentsPermalink
This Act may be cited as the ‘Consolidated and Further Continuing Appropriations Act, 2012’.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.CommentsClose CommentsPermalink
The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
Sec. 3. References.CommentsClose CommentsPermalink
Sec. 4. Statement of appropriations.CommentsClose CommentsPermalink
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIESThe following sums 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. REFERENCES.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 4. STATEMENT OF APPROPRIATIONS.CommentsClose CommentsPermalink
The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2012, and for other purposes, namely:the fiscal year ending September 30, 2012.CommentsClose CommentsPermalink
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of Agriculture, $4,798,000:550,000: 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.CommentsClose CommentsPermalink
Office of Tribal Relations
For necessary expenses of the Office of Tribal Relations, $47348,000, to support communication and consultation activities with Federally Recognized Tribes, as well as other requirements established by law.CommentsClose CommentsPermalink
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist, $11,408177,000.CommentsClose CommentsPermalink
national appeals division
For necessary expenses of the National Appeals Division, $13,5142,841,000.CommentsClose CommentsPermalink
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis, $8,946,000.CommentsClose CommentsPermalink
office of homeland security and emergency coordination
For necessary expenses of the Office of Homeland Security and Emergency Coordination, $1,4321,000.CommentsClose CommentsPermalink
Office of Advocacy and Outreach
For necessary expenses of the Office of Advocacy and Outreach, $1,351209,000.CommentsClose CommentsPermalink
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information Officer, $3644,031,000.CommentsClose CommentsPermalink
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer, $5,935,000:650,000: Provided, 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.CommentsClose CommentsPermalink
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $848,000.CommentsClose CommentsPermalink
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $21,558000,000.CommentsClose CommentsPermalink
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant Secretary for Administration, $764,000.CommentsClose CommentsPermalink
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to
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 (
Departmental Administration
(including transfers of funds)
For Departmental Administration, $284,165,000, 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
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, $3,676,000:576,000: Provided, That these funds may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency level: Provided further, That no funds made available by this appropriation may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency: Provided further, That no other funds appropriated to the Department by this Act shall be available to the Department for support of activities of congressional relations.CommentsClose CommentsPermalink
Office of Communications
For necessary expenses of the Office of Communications, $8,10065,000.CommentsClose CommentsPermalink
Office of Inspector General
For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978, $84,15,621,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to
Office of the General Counsel
For necessary expenses of the Office of the General Counsel, $39,345,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Economic Research Service
For necessary expenses of the Economic Research Service, $77,723,000.CommentsClose CommentsPermalink
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics Service, $1528,616,000, of which up to $41,639,000 shall be available until expended for the Census of Agriculture.CommentsClose CommentsPermalink
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,094,647,000: Provided, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to
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, $709,8255,599,000, as follows: to carry out the provisions of the Hatch Act of 1887 (
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $478,1795,183,000, 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
integrated activities
For the integrated research, education, and extension grants programs, including necessary administrative expenses, $25,948,000, as follows: for competitive grants programs authorized under section 1,482,000, as follows: for competitive grants programs authorized under section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
buildings and facilities
For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by
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 (
Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (
limitation on administrative expenses
Not to exceed $62,101,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.CommentsClose CommentsPermalink
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 (
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 (
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and Stockyards Administration, $38,248,000:7,750,000: Provided, That this appropriation shall be available pursuant to law (
Limitation on Inspection and Weighing Services ExpensesNot to exceed $50 limitation on inspection and weighing services expenses
Not to exceed $49,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided, That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.CommentsClose CommentsPermalink
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for Food Safety, $770,000.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,181,781,000:Provided, That the Secretary is authorized98,966,000, 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.CommentsClose CommentsPermalink
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 (
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 (
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and guaranteed farm ownership (
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: direct farm ownership loans, $22,800,000; operating loans, $83,525,000, of which $26,100,000 shall be for unsubsidized guaranteed loans, and $57,425,000 shall be for direct , $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.CommentsClose CommentsPermalink
In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $297,237632,000, of which $289,728,000 shall be transferred to and merged with the appropriation for ‘Farm Service Agency, Salaries and Expenses’.CommentsClose CommentsPermalink
Funds appropriated by this Act to the Agricultural Credit Insurance Fund Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer.CommentsClose CommentsPermalink
Risk Management Agency
For necessary expenses of the Risk Management Agency, $74,900,000: Provided, That the funds made available under section 522(e) of the Federal Crop Insurance Act (
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.CommentsClose CommentsPermalink
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop Insurance Act (
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 (
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 (
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.CommentsClose CommentsPermalink
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and Flood Prevention Act, $15,000,000 is provided.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and implementation of programs in the Rural Development mission area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $182,023,000:, of which $4,500,000 shall be for the Common Computing Environment: Provided, That notwithstanding any other provision of law, funds appropriated under this sectionheading may be used for advertising and promotional activities that support the Rural Development mission area: Provided further, That not more than $5,000 may be expended to provide modest nonmonetary awards to non-USDA employees: Provided further, That any balances available from prior years for the Rural 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.CommentsClose CommentsPermalink
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: $24,900,000,000 for loans to section 502 borrowers, of which $900,000,000 shall be for direct loans, and of which 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.CommentsClose CommentsPermalink
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 hereafter, 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 (
In addition, for the cost of direct loans, grants, and contracts, as authorized by
In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $430,800,000 shall be transferred to and merged with the appropriation for ‘Rural Development, Salaries and Expenses’.CommentsClose CommentsPermalink
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 $2,0 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 $2,0500,000 is for newly constructed units financed under sections 514 and 516 of the Housing Act of 1949: Provided further, That rental assistance agreements entered into or renewed during the current fiscal year shall be funded for a 1-year period: Provided further, That any unexpended balances remaining at the end of such 1one-year agreements may be transferred and used for the purposes of any debt reduction; maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further, That rental assistance provided under agreements entered into prior to fiscal year 2012 for a farm labor multi-family housing project financed under section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of tenants seeking such assistance or the project has rental assistance eligible tenants who are not receiving such assistance: Provided further, That such recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multifamily housing project-family housing project financed under section 514 or 516 of the Act.CommentsClose CommentsPermalink
multi-family housing revitalization program account
For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $13,000,000, to remain available until expended: Provided, That of the funds made available under this heading, $11,000,000, shall be available for rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid after September 30, 2005: Provided further, That the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further, That funds made available for such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development: Provided further, That if the Secretary determines that the amount made available for vouchers in this or any other Act is not needed for vouchers, the Secretary may use such funds for the demonstration program for the preservation and revitalization of 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.CommentsClose CommentsPermalink
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (
rural housing assistance grants
(including transfer of funds)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
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct loans as authorized by sectionand 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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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, $26,274,000, to remain available until expended:Provided, That $4,2424,291,000, to remain available until expended: Provided, That $3,621,000 of the amount appropriated under this heading shall be available for a Rural Community Development Initiative: Provided further, That such funds shall be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: Provided further, That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: Provided further, That such intermediary organizations shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than funds provided: Provided further, That $5,938,000 of the amount appropriated under this heading shall be to provide grants for facilities in rural communities with extreme unemployment and severe economic depression (
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, $79,665,000, to remain available until expended:Provided, That of the amount appropriated under this heading, not to exceed $4754,809,000, to remain available until expended: Provided, That of the amount appropriated under this heading, not to exceed $500,000 shall be made available for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development and $2,900,000 shall be for grants to the Delta Regional Authority (
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 (
For the cost of direct loans, $76,000,000, as authorized by the Rural Development Loan Fund (
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’.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
rural cooperative development grants
For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act (
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 (
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, $509,29513,000,000, to remain available until expended, of which not to exceed $42297,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $844993,000 shall be available for the rural utilities program described in section 306E of such Act:Provided, That $67,2 Provided, That $66,500,000 of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm and Rural Development Act, Federally recognized Native American Tribes authorized by 306C(a)(1), and the Department of Hawaiian Home Lands (of the State of Hawaii): Provided further, That funding provided for section 306D of the Consolidated Farm and Rural Development Act may be provided to a consortium formed pursuant to section 325 of
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 (
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 (
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’.CommentsClose CommentsPermalink
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans, $282,68612,014,000.CommentsClose CommentsPermalink
For grants for telemedicine and distance learning services in rural areas, as authorized by
For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $8,000,000, to remain available until expended:Provided, That the cost of direct loans shall be as defined in section6,000,000, 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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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 (
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 (
supplemental nutrition assistance program
For necessary expenses to carry out 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 (
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $140,130,000:Provided, That38,500,000: Provided, That $2,000,000 shall be used for the purposes of section 4404 of
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 (
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 (
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 (
mcgovern-dole international food for education and child nutrition program grantsFor 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
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, $6,465820,000; 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 $6,129465,000 shall be transferred to and merged with the appropriation for ‘Foreign Agricultural Service, Salaries and Expenses’, and of which $33655,000 shall be transferred to and merged with the appropriation for ‘Farm Service Agency, Salaries and Expenses’.CommentsClose CommentsPermalink
mcgovern-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 (
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
In addition, mammography user fees authorized by
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, $8,982788,000, to remain available until expended.CommentsClose CommentsPermalink
INDEPENDENT AGENCYIES
commodity futures trading commission
For necessary expenses to carry out the provisions of the Commodity Exchange Act (
Farm Credit Administration
limitation on administrative expenses
Not to exceed $621,000,000 (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
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, 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.CommentsClose CommentsPermalink
Sec. 702. The Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or other available unobligated discretionary balances of the Department of Agriculture to the Working Capital Fund for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture: Provided, That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds appropriated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department’s National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 711 of this Act: Provided further, That of annual income amounts in the Working Capital Fund of the Department of Agriculture allocated for the National Finance Center, the Secretary may reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement and implementation of a financial management plan, information technology, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further, That none of the amounts reserved shall be available for obligation unless the Secretary submits written notification of the obligation to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the limitation on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
Sec. 707. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds available to the Department of Agriculture for information technology shall be obligated for projects over $25,000 prior to receipt of written approval by the Chief Information Officer.CommentsClose CommentsPermalink
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 (
Sec. 709. Hereafter, notwithstanding any other provision of law,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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 712. The Secretary of Agriculture may authorize a State agency to use funds provided in this Act to exceed the maximum amount of liquid infant formula specified in 7 C.F.R.FR 246.10 when issuing liquid infant formula to participants.CommentsClose CommentsPermalink
Sec. 713. 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 assignmentne of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.CommentsClose CommentsPermalink
Sec. 714. In the case of each program established or amended by the Food, Conservation, and Energy Act of 2008 (
(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 (
(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.CommentsClose CommentsPermalink
Sec. 715. Funds provided by this Act may be used notwithstanding the requirements ofNotwithstanding any other provision of law, the requirements pursuant to
Sec. 716. None of the funds made available by this or any other Act may be used to close or relocate a Rural Development office unless or until the Secretary of Agriculture determines the cost effectiveness and/or enhancement of program delivery or that the closing or relocation would result in cost savings:Provided, That not later than 120 days before the date of the proposed closure or relocation, the Secretary notifies in writing the Committees on Appropriation of the House and Senate, and the members of Congress from the State in which the office is located of the proposed closure or relocation and provides a report that describes the justifications for such closures and relocations(a) Clause (ii) of section 524(b)(4)(B) of the Federal Crop Insurance Act (
(1) in the heading, by striking ‘fiscal years 2008 through 2012’ and inserting ‘certain fiscal years’; andCommentsClose CommentsPermalink
(2) in the text, by striking ‘2012’ and inserting ‘2014’.CommentsClose CommentsPermalink
(b) Section 1238E(a) of the Food Security Act of 1985 (
(c) Section 1240B(a) of the Food Security Act of 1985 (
(d) Section 1241(a)(6)(E) of the Food Security Act of 1985 (
(e) Section 1241(a) of the Food Security Act of 1985 (
(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)),’; andCommentsClose CommentsPermalink
(2) in paragraph (4)(E), by striking ‘fiscal year 2012’ and inserting ‘each of fiscal years 2012 through 2014’.CommentsClose CommentsPermalink
(f) Section 1241(a)(7)(D) of the Food Security Act of 1985 (
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 (
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 (
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.CommentsClose CommentsPermalink
Sec. 720. Notwithstanding any other provision of law, school food authorities which received a grant for equipment assistance under the grant program carried out pursuant to the heading ‘Food and Nutrition Service Child Nutrition Programs’ in title I of division A of the American Recovery and Reinvestment Act of 2009 ( Sec. 722. 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 non-industrial forests lands, enrolling lands on the coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 2005. (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture or the Secretary of Health and Human Services (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 or the Secretary of Health and Human Services (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 or the Secretary of Health and Human Services 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.
Sec. 724. None of the funds appropriated1. 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 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 Actto publish a final or interim final rule in furtherance of, or otherwise implement, proposed sections 201.2(l), 201.2(t), 201.2(u), 201.3(c), 201.210, 201.211, 201.213, or 201.214 of ‘Implementation of Regulations Required Under Title XI of the Food, Conservation and Energy Act of 2008; Conduct in Violation of the Act’ (75 Fed. Reg. 35338 (June 22, 2010)): Provided further, That such rules must be published in the Federal Register no later than December 9, 2011: Provided further, That none of the funds made available by this or any other Act may be used to implement such rules until 60 days from the publication date of such rules, and only unless such rules are otherwise in compliance with this section.CommentsClose CommentsPermalink
Sec. 725. The Secretary may 2. Any unobligated funds included under Treasury symbol codes 12X3336, 12X2268, 12X0132, 12X2271, 12X2277, 12X1404, 12X1501, and 12X1336 are hereby rescinded.CommentsClose CommentsPermalink
Sec. 723. Of the unobligated balances provided pursuant to section 16(h)(1)(A) of the Food and Nutrition Act of 2008, $11,000,000 are hereby rescinded.CommentsClose CommentsPermalink
Sec. 724. There is hereby appropriated $1,996,000 to carry out section 1621 of
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; rural energy for America program; value-added producer grants; broadband program; water and waste program; and rural community facilities program.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(1) The Conservation Stewardship Program authorized by sections 1238D-1238G of the Food Security of ActAct of 1985 (
(2) The Watershed Rehabilitation program authorized by section 14(h) of the Watershed Protection and Flood Prevention Act (
(3) The Environmental Quality Incentives Program as authorized by sections 1240-1240H of the Food Security Act of 1985 (
(4) The Farmland Protection Program as authorized by section 1238I of the Food Security Act of 1985 (
(5) The Grassland Reserve Program as authorized by sections 1238O-1238Q of the Food Security Act of 1985 (
(6) The Wetlands Reserve Program authorized by sections 1237-1237F of the Food Security Act of 1985 (
(7) The Wildlife Habitat Incentives Act authorized by section 1240N of the Food Security Act of 1985 (
(8) The Voluntary Public Access and Habitat Incentives Program authorized by section 1240R of the Food Security Act of 1985 (
(9) The Bioenergy Program for Advanced Biofuels authorized by section 9005 of the Farm Security and Rural Investment Act of 2002 (
(10) The Rural Energy for America Program authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (
(11) The Rural Microentrepreneur Assistance Program authorized by section 6022 of the Farm Security and Rural Investment Act of 2002 (
(12) Section 508(d)(3) of the Federal Crop Insurance Act (
(123) Agricultural Management Assistance Program as authorized by section 524 of the Federal Crop Insurance Act, as amended (
and(13
(14) The Biomass Crop Assistance Program authorized by section 9011 of the Farm Security and Rural Investment Act of 2002 (
(15) A program under subsection (b)(2)(A)(iv) of section 14222 of
Sec. 727. Hereafter, nThere 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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 729. The funds made available in
Sec. 730. (a) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 (
(1) creates new programs;CommentsClose CommentsPermalink
(2) eliminates a program, project, or activity;CommentsClose CommentsPermalink
(3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;CommentsClose CommentsPermalink
(4) relocates an office or employees;CommentsClose CommentsPermalink
(5) reorganizes offices, programs, or activities; orCommentsClose CommentsPermalink
(6) contracts out or privatizes any functions or activities presently performed by Federal employees;CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) augments existing programs, projects, or activities;CommentsClose CommentsPermalink
(2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Sec. 731. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act (
Sec. 72832. (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
(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.CommentsClose CommentsPermalink
(c) Entities- The following entities are eligible to receive real property under subsection (b):CommentsClose CommentsPermalink
(1) Land-grant colleges and universities (as defined in section 1404(13) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (
(2) 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (
(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 (
(d) Conditions on Receipt- As a condition of the conveyance of real property under subsection (b), the recipient of the property must--CommentsClose CommentsPermalink
(1) be located in the same State or territory of the United States in which the property is located; andCommentsClose CommentsPermalink
(2) agree to accept and use the property for agricultural and natural resources research for a minimum of 25 years.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 729. (a) Clause (ii) of section 524(b)(4)(B) of the Federal Crop Insurance Act ( (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 ( (c) Section 1240B(a) of the Food Security Act of 1985 (
‘(l) Food Donation Program-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) GUIDANCE-CommentsClose CommentsPermalink
‘(A) 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.CommentsClose CommentsPermalink
‘(B) UPDATES- The Secretary shall update such guidance as necessary.CommentsClose CommentsPermalink
‘(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. 3841(a)) is amended-- ). CommentsClose CommentsPermalink(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 (11791‘(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. 3841(a)(7)(D)) is amended by striking ‘2012’ and inserting ‘2014’. ).’.CommentsClose CommentsPermalinkSec. 730. Any unobligated funds included under Treasury symbol codes 12X3336, 12X2268, 12X0132, 12X2271, 12X2277, 12X1404, 12X1501, and 12X1336 are hereby rescinded.
Sec. 731. 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 rescinded501(c)(3)
Sec. 7325. There is hereby appropriated for the ‘Emergency Conservation Program’, for expenses necessary expenses resulting from a major disaster designation pursuant to theclared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
Sec. 733. (a) Notwithstanding any other provision of this Act-- (1) the amount provided under section 732 for the emergency conservation program for expenses resulting from a major disaster designation pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( (2) the amount provided under section 732 for the emergency watershed protection program for expenses resulting from a major disaster designation pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( (b) The additional amounts provided under subsection (a)-- (1) are 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 ( (2) are subject to the same terms and conditions as any other amounts provided under section 732 for the same purposes; and
Sec. 7347. 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.CommentsClose CommentsPermalink
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 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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 740. Unobligated balances not to exceed $31,000,000 for the ‘Emergency Watershed Protection Program’ provided in
Sec. 73541. Funds made available by this Act under title II of the Food for Peace Act (
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 (
Sec. 743. 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 establishedregarding nutrition programs under the Richard B. Russell National School Lunch Act ( (2) is inconsistent with the recommendations of the most recent Dietary Guidelines for Americans for vegetables.
(1) requires crediting of tomato paste and puree based on volume;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(3) establishes any whole grain requirement without defining ‘whole grain.’CommentsClose CommentsPermalink
Sec. 744. For fiscal year 2012, section 363 of the Consolidated Farm and Rural Development Act (
Sec. 73845. 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 (
This Act Sec. 746. None of the funds made available by this Act may be used to implement an interim final or final rule that-- CommentsClose CommentsPermalink
(1) sets any maximum limits on the serving of vegetables in school meal programs established under the Richard B. Russell National School Lunch Act (
(2) is inconsistent with the recommendations of the most recent Dietary Guidelines for Americans for vegetables.CommentsClose CommentsPermalink
Sec. 747. For 2012 and subsequent fiscal years--CommentsClose CommentsPermalink
(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
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Sec. 748. In addition to amounts otherwise made available by this Act, there is appropriated to implement the Water Bank Act (
This division may be cited as the ‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012’.CommentsClose CommentsPermalink
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the Department of Commerce provided for by law, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to
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
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, and for grants authorized byfor the cost of loan guarantees authorized by section 276 of the Stevenson-Wydler Technology Innovation Act of 1980 (
Pursuant to section 703 of the Public Works and Economic Development Act (
salaries and expenses
For necessary expenses of administering the economic development assistance programs as provided for by law, $37,166,000:500,000: 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.CommentsClose CommentsPermalink
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, $29,73230,339,000.CommentsClose CommentsPermalink
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, $95,1196,000,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
periodic censuses and programs
(including transfer of funds)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 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 additional promotion, outreach, and marketing activities: Provided further, That within the amounts appropriated, $1,000,000 shall be transferred to the Office of the Inspector General‘Office of Inspector General’ account for activities associated with carrying out investigations and audits related to the Bureau of the Census.CommentsClose CommentsPermalink
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, to remain available until September 30, 2013:: Provided, That, notwithstanding
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and unobligated balances of funds previously appropriated are hereafter available for the administration of allavailable for the administration of all open grants until their expiration.CommentsClose CommentsPermalink
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 pursuant to
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and Technology, $50067,000,000, 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.CommentsClose CommentsPermalink
industrial technology services
For necessary expenses of the Industrial Technology Services, $120,000,000 to remain available until expended:Provided,That of the amounts appropriated herein, $120,000,000 shall be for the Hollings Manufacturing Extension Partnership of the National Institute of Standards and Technology, $128,443,000, to remain available until expended.CommentsClose CommentsPermalink
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
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, $3,134,327,000, to022,231,000, to remain available until September 30, 2013, except that funds provided for cooperative enforcement shall remain available until September 30, 2013, except for funds provided for cooperative enforcement, which shall remain available until September 30, 2014:Provided, That fees 4: 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
In addition, for necessary retired pay expenses under the Retired Serviceman’s Family Protection and Survivor Benefits Plan, and for payments for the medical care of retired personnel and their dependents under the Dependents Medical Care Act (
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration (NOAA), $1,833,5, $1,817,094,000, to remain available until September 30, 2014, except that funds provided for construction of facilities which shall remain available until expended:Provided, That of the $1,841,5shall remain available until expended: Provided, That of the $1,825,094,000 provided for in direct obligations under this heading, $1,833,517,094,000 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 explanatory statement accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further, That the Secretary of Commerce shall include in budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under
pacific coastal salmon recovery
fundFor necessary expenses associated with the restoration of Pacific salmon populations, $65,000,000, to remain available until September 30, 2013: Provided, That of the funds provided herein the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and Ffederally recognized tribes of the Columbia River and Pacific Coast (including Alaska) for projects necessary for conservation of salmon and steelhead populations, for restoration of 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.CommentsClose CommentsPermalink
fishermen’s contingency fund
For carrying out the provisions of title IV of
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.CommentsClose CommentsPermalink
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 $5,04,500 for official reception and representation, $56,726,0007,000,000: Provided, That the Secretary of Commerce shall establish a task force on job repatriation and manufacturing growth and shall produce a report on related incentive strategies and implementation plans.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.) (as amended), $26,946,000.CommentsClose CommentsPermalink
General Provisions--Department of Commerce
(including rescission)
Sec. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (
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
Sec. 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce: Provided further, That for the National Oceanic and Atmospheric Administration this section shall provide for transfers among appropriations made only to the National Oceanic and Atmospheric Administration and such appropriations may not be transferred and reprogrammed to other Department of Commerce bureaus and appropriation accounts.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 105. The requirements set forth by section 112 of division B of
(1) the term ‘Under Secretary’ means Under Secretary of Commerce for Oceans and Atmosphere;CommentsClose CommentsPermalink
(2) the term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
(A) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Appropriations and the Committee on Science, Space and Technology of the House of Representatives;CommentsClose CommentsPermalink
(3) the term ‘satellite’ means the satellites proposed to be acquired for the National Oceanic and Atmospheric Administration (NOAA);CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(6) the term ‘life-cycle cost’ means the total of the direct, indirect, recurring, and nonrecurring costs, including the construction of facilities and civil servant costs, and other related expenses incurred or estimated to be incurred in the design, development, verification, production, operation, maintenance, support, and retirement of a program over its planned lifespan, without regard to funding source or management control;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(8) the term ‘baseline’ means the program as set following contract award and preliminary design review of the space and ground systems.CommentsClose CommentsPermalink
(b)(1) NOAA shall not enter into a contract for development of a major program, unless the Under Secretary determines that--CommentsClose CommentsPermalink
(A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks;CommentsClose CommentsPermalink
(B) the technologies required for the program have been demonstrated in a relevant laboratory or test environment;CommentsClose CommentsPermalink
(C) the program complies with all relevant policies, regulations, and directives of NOAA and the Department of Commerce;CommentsClose CommentsPermalink
(D) the program has demonstrated a high likelihood of accomplishing its intended goals; andCommentsClose CommentsPermalink
(E) the acquisition of satellites for use in the program represents a good value to accomplishing NOAA’s mission.CommentsClose CommentsPermalink
(2) The Under Secretary shall transmit a report describing the basis for the determination required under paragraph (1) to the appropriate congressional committees at least 30 days before entering into a contract for development under a major program.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c)(1) Annually, at the same time as the President’s annual budget submission to the Congress, the Under Secretary shall transmit to the appropriate congressional committees a report that includes the information required by this section for the satellite development program for which NOAA proposes to expend funds in the subsequent fiscal year. The report under this paragraph shall be known as the Major Program Annual Report.CommentsClose CommentsPermalink
(2) The first Major Program Annual Report for NOAA’s satellite development program shall include a Baseline Report that shall, at a minimum, include--CommentsClose CommentsPermalink
(A) the purposes of the program and key technical characteristics necessary to fulfill those purposes;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(C) the schedule for development, including key program milestones;CommentsClose CommentsPermalink
(D) the plan for mitigating technical, cost, and schedule risks identified in accordance with subsection (b)(1)(A); andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d)(1) The individual identified under subsection (c)(2)(E) shall immediately notify the Under Secretary any time that individual has reasonable cause to believe that, for the major program for which he or she is responsible, the development cost of the program has exceeded the estimate provided in the Baseline Report of the program by 20 percent or more.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) Not later than 30 days after receiving a written notification under subsection (d)(2), the Under Secretary shall determine whether the development cost of the program has exceeded the estimate provided in the Baseline Report of the program by 20 percent or more. If the determination is affirmative, the Under Secretary shall--CommentsClose CommentsPermalink
(1) transmit to the appropriate congressional committees, not later than 15 days after making the determination, a report that includes--CommentsClose CommentsPermalink
(A) a description of the increase in cost and a detailed explanation for the increase;CommentsClose CommentsPermalink
(B) a description of actions taken or proposed to be taken in response to the cost increase; andCommentsClose CommentsPermalink
(C) a description of any impacts the cost increase, or the actions described under subparagraph (B), will have on any other program within NOAA; andCommentsClose CommentsPermalink
(2) if the Under Secretary intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum--CommentsClose CommentsPermalink
(A) the projected cost and schedule for completing the program if current requirements of the program are not modified;CommentsClose CommentsPermalink
(B) the projected cost and the schedule for completing the program after instituting the actions described under paragraph (1)(B); andCommentsClose CommentsPermalink
(C) a description of, and the projected cost and schedule for, a broad range of alternatives to the program.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Sec. 106. Notwithstanding any other law, the Secretary may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms or organizations are authorized pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949, as amended, on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 108. The administration of the National 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.CommentsClose CommentsPermalink
(rescission)
Sec. 109. All balances in the Coastal Zone Management Fund, whether unobligated or unavailable, are hereby permanently cancellrescinded, and notwithstanding section 308(b) of the Coastal Zone Management Act of 1972, as amended (
Sec. 110. There is established in the Treasury a non-interest bearing fund to be known as the ‘Fisheries Enforcement Asset Forfeiture Fund’, which shall consist of all sums received as fines, penalties, and forfeitures of property for violations of any provisions of 16 U.S.C. chapter 38 or of any other marine resource law enforced by the Secretary of Commerce, including the Lacey Act Amendments of 1981 (
Sec. 111. There is established in the Treasury a non-interest bearing fund to be known as the ‘Sanctuaries Enforcement Asset Forfeiture Fund’, which shall consist of all sums received as fines, penalties, and forfeitures of property for violations of any provisions of 16 U.S.C. chapter 38, which are currently deposited in the Operations, Research, and Facilities account: Provided, That all unobligated balances that have been collected pursuant to
Sec. 112. Notwithstanding any other provision of law, the National Oceanic and Atmospheric Administration is authorized to receive and expend funds made available by any Federal agency, State or subdivision thereof, public or private organization, or individual to carry out any statute administered by the National Oceanic and Atmospheric Administration:Provided, 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 sectionThe 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.CommentsClose CommentsPermalink
Sec. 113. (a) The Secretary of State shall ensure participation inU.S. Participating Territories of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (‘Commission’) and its subsidiary bodies by American Samoa, Guam, and the Northern Mariana Islands (collectively, the U.S. Participating Territories) to the same extent provided to the territories of other nations.(b) The U.S. Participating Territories 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 for the participating territories of the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, 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 (
(cb) The Western Pacific Regional Fisheries Management Council--CommentsClose CommentsPermalink
(1) is authorized to accept and deposit into the Western Pacific Sustainable Fisheries Fund funding for arrangements pursuant to subsection (ba);CommentsClose CommentsPermalink
(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 (
(3) shall recommend an amendment to the Pelagics Fishery Management Plan for the Western Pacific Region, and associated regulations, to implement this section.CommentsClose CommentsPermalink
(d) Subsection (bc) Subsection (a) shall remain in effect until the earlier of December 31, 2012, or such time as--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) the Secretary of Commerce approves the amendment as recommended; andCommentsClose CommentsPermalink
(3) such implementing regulations become effective.CommentsClose CommentsPermalink
Sec. 114. (a) Report to Congress- Not later than 6 months after the date of the enactment of this Act, the National Aquatic Animal Health Task Force shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report of the findings of the research objectives described in subsection (b). (b) Research and Surveillance- The National Aquatic Animal Health Task Force shall establish Infectious Salmon Anemia research objectives, in collaboration the with the Government of Canada, and Federal, State, and tribal governments, including the Department of Fish and Wildlife of Washington and the Department of Fish and Game of Alaska, to assess-- (1) the prevalence of Infectious Salmon Anemia in both wild and aquaculture salmonid populations throughout Alaska, Washington, Oregon, California, and Idaho; (2) genetic susceptibility by population and species; (3) susceptibility of populations to Infectious Salmon Anemia from geographic and oceanographic factors; (4) potential transmission pathways between infectious Canadian sockeye and uninfected salmonid populations in United States waters; (5) management strategies to rapidly respond to potential Infectious Salmon Anemia outbreaks in both wild and aquaculture populations, including securing the water supplies at conservation hatcheries to protect hatchery fish from exposure to the Infectious Salmon Anemia virus present in incoming surface water; (6) potential economic impacts of Infectious Salmon Anemia; (7) any role foreign salmon farms may have in spreading Infectious Salmon Anemia to wild populations; (8) the identity of any potential Federal, State, tribal, and international research partners; (9) available baseline data, including baseline data available from a collaborating entity; and (10) other Infectious Salmon Anemia research priorities, as determined by the Task Force.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of Justice, $115,8860,822,000, of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended:Provided, That the Attorney General is authorized to transfer funds appropriated within General Administration to any office in this account: Provided further, That $18,903,000 is for Department Leadership; $8,311,000 is for Intergovernmental Relations/External Affairs; $12,925,000 is for Executive Support/Professional Responsibility; and $75,747,000 is for the Justice Management Division: Provided further, That any change in amounts specified in the preceding proviso greater than 5 percent shall be submitted for approval to the House and Senate Committees on Appropriations consistent with the terms of section 505 of this Act: Provided further, That this transfer authority is in addition to transfers authorized under section 505 of this Act.CommentsClose CommentsPermalink
national drug intelligence center
For necessary expenses of the National Drug Intelligence Center, including reimbursement of Air Force personnel for the National Drug Intelligence Center to support the Department of Defense’s counter-drug intelligence responsibilities, $20,000,000:Provided, That the National Drug Intelligence Center shall maintain the personnel and technical resources to provide timely support to law enforcement authorities and the intelligence community by conducting document and computer exploitation of materials collected in Federal, State, and local law enforcement activity associated with counter-drug, counterterrorism, and national security investigations and operations$20,000,000.CommentsClose CommentsPermalink
justice information sharing technology
For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $47,0004,307,000, to remain available until expended.CommentsClose CommentsPermalink
tactical law enforcement wireless communications
For the costs of developing and implementing a nationwide Integrated Wireless Networkcommunications systems supporting Federal law enforcement communications, 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 made under the preceding proviso shall be subject to section 505 of this Actpursuant 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.CommentsClose CommentsPermalink
administrative review and appeals
(including transfer of funds)
For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, $294,082305,000,000, 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.CommentsClose CommentsPermalink
detention trustee
For necessary expenses of the Federal Detention Trustee, $1,563,453,000, to remain available until expended:Provided, That the80,595,000, to remain available until expended: Provided, That the Trustee shall be responsible for managing the Justice Prisoner and Alien Transportation System: Provided further, That not to exceed $20,000,000 shall be considered ‘funds appropriated for State and local law enforcement assistance’ pursuant to
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.CommentsClose CommentsPermalink
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as authorized, $12,577833,000.CommentsClose CommentsPermalink
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, $846,099,000, of which not to exceed $10,000,000 for63,367,000, 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 $7,59,000 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 (
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.CommentsClose CommentsPermalink
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred laws, $159,587,000, to remain available until expended: Provided, That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $1,891,532,000:Provided, 960,000,000: Provided, That of the total amount appropriated, not to exceed $6,07,200 shall be available for official reception and representation expenses: Provided further, That not to exceed $25,000,000 shall remain available until expended: Provided further, That of the amount provided under this heading, not less than $43,184,000 shall be used for salaries and expenses for assistant U.S. Attorneys to carry out section 704 of the Adam Walsh Child Protection and Safety Act of 2006 (
united states trustee system fund
For necessary expenses of the United States Trustee Program, as authorized, $234,11523,258,000, 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, $234,11523,258,000 of offsetting collections pursuant to
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
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:Provided, That not to exceed $10,000,000 may be made available, of which not to exceed $10,000,000 is for construction of buildings for protected witness safesites: Provided further, That not to exceed $3,000,000 may be made available; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans: Provided further, That not to exceed $11,000,000 may be made available; and not to exceed $11,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses.CommentsClose CommentsPermalink
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service, $11,227,000:456,000: 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.CommentsClose CommentsPermalink
assets forfeiture fund
For expenses authorized by
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service, $1,111,041,000; of which not to exceed $10,000,000 shall be available for necessary expenses for 74,000,000; of which not to exceed $10,000,000 shall be available for necessary expenses for increased deputy marshals and staff related to Southwest border enforcement until September 30, 2012; of whichborder enforcement initiatives, not to exceed $6,000 shall be available for official reception and representation expenses; and of which not to exceed $20, and not to exceed $15,000,000 shall remain available until expended.CommentsClose CommentsPermalink
construction
For construction in space controlled, occupied or utilized by the United States Marshals Service for prisoner holding and related support, $20,250,000, of which15,000,000, to remain available until expended, of which not to exceed $8,250,000 shall be available for detention upgrades at Federal courthouses located in the Southwest border region, to remain available until expended; of which not less than $9,696,000 shall be available for the costs of courthouse security equipment, including furnishings, relocations, and telephone systems and cablingto support border enforcement initiatives.CommentsClose CommentsPermalink
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the National Security Division, $86,0077,000,000; of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
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, $516,9627,512,000, 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.CommentsClose CommentsPermalink
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, $7,785,0008,036,991,000, of which not to exceed $150,000,000 shall remain available until expended:Provided, That not to exceed $153,75 Provided, That not to exceed $184,500 shall be available for official reception and representation expenses.CommentsClose CommentsPermalink
construction
For all 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; and preliminary planning and design of projects; $75,000and operation and maintenance of secure work environment facilities and secure networking capabilities; $80,982,000, to remain available until expended.CommentsClose CommentsPermalink
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
construction
For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings; and operation and of the operation and maintenance of secure work environment facilities and secure networking capabilities;, $10,000,000, to remain available until expended.CommentsClose CommentsPermalink
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, not to exceed $30,000 for official reception and representation expenses; 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, $1,090,292,000, of which152,000,000, 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
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, $6,589,781,000:Provided, 51,281,000: Provided, That the Attorney General may transfer to the Health Resources and Services Administration such amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $4,55,400 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 (
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: Provided further, That none of the funds provided under this heading in this or any prior Act shall be available for the acquisition of any facility that is to be used wholly or in part for the incarceration or detention of any individual detained at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009.CommentsClose CommentsPermalink
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
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
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 (
(1) $19489,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act, of which, notwithstanding such part T, $10,000,000 shall be available for programs relating to children exposed to violence;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(4) $10,000,000 is for a grant program to provide services to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs to engage men and youth in preventing such violence; and assistance to middle and high school students through education and other services related to such violence: Provided, That unobligated balances available for the programs authorized by sections 41201, 41204, 41303 and 41305 of the 1994 Act shall be available for this program: Provided further, That 10 percent of the total amount available for this grant program shall be available for grants under the program authorized by section 2015 of the 1968 Act;CommentsClose CommentsPermalink
(5) $45,91350,000,000 is for grants to encourage arrest policies as authorized by part U of the 1968 Act, of which $54,000,000 is for a homicide reduction initiative;CommentsClose CommentsPermalink
(6) $253,000,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act;CommentsClose CommentsPermalink
(7) $34,000,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act;CommentsClose CommentsPermalink
(8) $9,000,000 is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act;CommentsClose CommentsPermalink
(9) $451,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act;CommentsClose CommentsPermalink
(10) $4,00250,000 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;CommentsClose CommentsPermalink
(11) $11,25500,000 is for the safe havens for children program, as authorized by section 1301 of the 2000 Act;CommentsClose CommentsPermalink
(12) $5,00750,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act;CommentsClose CommentsPermalink
(13) $4,0500,000 is for the court training and improvements program, as authorized by section 41002 of the 1994 Act, of which $1,000,000 is to be used for a family court initiative;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(15) $1,000,000 is for analysis and research on violence against Indian women, as authorized by sectionincluding as authorized by section 904 of the 2005 Act; andCommentsClose CommentsPermalink
(16) $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.CommentsClose CommentsPermalink
Office of Justice Programs
research, evaluation, and statistics
(including transfer of funds)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 (
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(3) $1,000,000 is for an evaluation clearinghouse program; andCommentsClose CommentsPermalink
(4) $3527,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act.CommentsClose CommentsPermalink
state and local law enforcement assistance
(including transfer of funds)For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (
(1) $395470,000,000 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); and, notwithstanding such subpart 1, to support innovative, place-based, evidence-based approaches to fighting crime and improving public safety, of which $3, of which, notwithstanding such subpart 1, $2,000,000 is for a program to improve State and local law enforcement intelligence capabilities including antiterrorism training and training to ensure that constitutional rights, civil liberties, civil rights, and privacy interests are protected throughout the intelligence process, $4,000,000 is for a State and local assistance help desk and diagnostic center program, $5,000,000 is for a program to improve State, local and tribal probation supervision efforts and strategies, and $32,000,000 is for a Preventing Violence Against Law Enforcement Officer Resilience and Survivability Initiative (VALOR):Provided, That funds made available under this heading may be used at the discretion of the Assistant Attorney General for the Office of Justice Programs to train Federal law enforcement under the VALOR Officer Safety Training Initiative;(2) $273, $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;CommentsClose CommentsPermalink
(2) $240,000,000 for the State Criminal Alien Assistance Program, as authorized by section 241(i)(5) of the Immigration and Nationality Act (
(3) $20,000,000 for the Northern and Southwest Border Prosecutor Initiatives10,000,000 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;CommentsClose CommentsPermalink
(4) $2115,000,000 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);CommentsClose CommentsPermalink
(5) $10,500,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of
(6) $35,000,000 for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act;CommentsClose CommentsPermalink
(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 (
(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;CommentsClose CommentsPermalink
(9) $43,000,000 for the Capital Litigation Improvement Grant Program, as authorized by section 426 of
(10) $7,000,000 for economic, high technology and Internet crime prevention grants, as authorized by section 401 of
(11) $4,000,000 for a student loan repayment assistance program pursuant to section 952 of
(12) $23,000,000 for activities, including0,000,000 for sex offender management assistance, as authorized by the Adam Walsh Act and the Violent Crime Control Act of 1994 (
(13) $10,000,000 for an initiative relating to children exposed to violence;CommentsClose CommentsPermalink
(14) $2015,000,000 for an Edward Byrne Memorial criminal justice innovation program;CommentsClose CommentsPermalink
(15) $24,85000,000 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;CommentsClose CommentsPermalink
(16) $1,000,000 for the National Sex Offender Public Web site;CommentsClose CommentsPermalink
(17) $10,000,000 for5,000,000 for competitive and evidence-based programs to reduce gun crime and gang violence;CommentsClose CommentsPermalink
(18) $10,000,0005,000,000 for grants to assist State and tribal governments as authorized by the NICS Improvement Amendments Act of 2007 (
(19) $86,000,000 for the National Criminal History Improvement Program for grants to upgrade criminal records;CommentsClose CommentsPermalink
(20) $152,000,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act;CommentsClose CommentsPermalink
(21) $13125,000,000 for DNA-related and forensic programs and activities, of which--CommentsClose CommentsPermalink
(A) $123,000,000 is for the purposes of17,000,000 is for a DNA analysis and DNA capacity enhancement as defined inprogram 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), of which not less than $85,500,000 is to be used for grants to crime laboratories for purposes under
(B) $4,000,000 is for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Program (
(C) $4,000,000 is for Sexual Assault Forensic Exam Program Grants as authorized by section 304 of, including as authorized by section 304 of
(22) $4,500,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act;CommentsClose CommentsPermalink
(23) $1,500,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; and(24) $3,000,000 for grants and technical assistance in support of the National Forum on Youth Violence Prevention38,000,000 for assistance to Indian tribes;CommentsClose CommentsPermalink
(24) $1,000,000 for the purposes described in the Missing Alzheimer’s Disease Patient Alert Program (section 240001 of the 1994 Act);CommentsClose CommentsPermalink
(25) $7,000,000 for a program to monitor prescription drugs and scheduled listed chemical products;CommentsClose CommentsPermalink
(26) $12,500,000 for prison rape prevention and prosecution and other programs, as authorized by the Prison Rape Elimination Act of 2003 (
(27) $63,000,000 for offender reentry programs and research, as authorized by the Second Chance Act of 2007 (
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.CommentsClose CommentsPermalink
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 (
(1) $450,000,000 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;CommentsClose CommentsPermalink
(2) $5578,000,000 for youth mentoring grants;CommentsClose CommentsPermalink
(3) $3320,000,000 for delinquency prevention, as authorized by section 505 of the 1974 Act, of which, pursuant to sections 261 and 262 thereof--CommentsClose CommentsPermalink
(A) $150,000,000 shall be for the Tribal Youth Program;CommentsClose CommentsPermalink
(B) $85,000,000 shall be for gang and youth violence education, prevention and intervention, and related activities; andCommentsClose CommentsPermalink
(C) $105,000,000 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;CommentsClose CommentsPermalink
(4) $2018,000,000 for programs authorized by the Victims of Child Abuse Act of 1990;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(6) $8,000,000 for community-based violence prevention initiatives;CommentsClose CommentsPermalink
and(7) $60(7) $65,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act:Provided, That not more than 10 percent of each amount may be used for research,;CommentsClose CommentsPermalink
(8) $1,500,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; andCommentsClose CommentsPermalink
(9) $2,000,000 for grants and technical assistance in support of the National Forum on Youth Violence Prevention:CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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, which amounts shall be paid to the ‘Salaries and Expenses’ account), 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.CommentsClose CommentsPermalink
Community Oriented Policing Services
community oriented policing services programs
(including transfers of funds)For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 (
(1) $1,500,000 is for research, testing, and evaluation programs regarding law enforcement technologies and interoperable communications, and related law enforcement and public safety equipment, which shall be transferred directly to the National Institute of Standards and Technology’s Office of Law Enforcement Standards from the Community Oriented Policing Services Office;(2) $10,02,500,000 is for anti-methamphetamine-related activities, which shall be transferred to the Drug Enforcement Administration upon enactment of this Act;CommentsClose CommentsPermalink
(32) $20,000,000 is for improving tribal law enforcement, including hiring, equipment, training, and anti-methamphetamine activities; andCommentsClose CommentsPermalink
(4) $2003) $166,000,000 is for grants under section 1701 of title I of the 1968 Act (
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.CommentsClose CommentsPermalink
Sec. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.CommentsClose CommentsPermalink
Sec. 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion.CommentsClose CommentsPermalink
Sec. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 206. The Attorney General is authorized to extend through September 30, 2013, the Personnel Management Demonstration Project transferred to the Attorney General pursuant to section 1115 of the Homeland Security Act of 2002,
Sec. 207. Notwithstanding any other provision of law,
Sec. 208. None of the funds made available to the Department of Justice in this Act may be used for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner.CommentsClose CommentsPermalink
Sec. 209. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, to rent or purchase videocassettes, videocassette recorders, or other audiovisual or electronic equipment used primarily for recreational purposes.CommentsClose CommentsPermalink
(b) The preceding sentence does not preclude the renting, maintenance, or purchase of audiovisual or electronic equipment for inmate training, religious, or educational programs.CommentsClose CommentsPermalink
Sec. 210. None of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice.CommentsClose CommentsPermalink
Sec. 211. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and accompanying statement, and to any use of deobligated balances of funds provided under this title in previous years.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 213. (a) Within 120 days of enactment of this Act, the Attorney General shall report to the Committees on Appropriations of the House of Representatives and the Senate a cost and schedule estimate for the final operating capability of the Federal Bureau of Investigation’s Sentinel program, including the costs of Bureau 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.CommentsClose CommentsPermalink
(b) The report described in subsection (a) shall be submitted concurrently to the Department of Justice Office of Inspector General (OIG) and, within 60 days of receiving such report, the OIG shall provide an assessment of such report to the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink
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
Sec. 2145. 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 Act under the headings for ‘Research Evaluationtitle under the headings ‘Research, Evaluation, and Statistics’, ‘State and Local Law Enforcement Assistance’, and ‘Juvenile Justice Programs’--CommentsClose CommentsPermalink
(1) Up to 3 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used to provide training and technical assistance;by such Office to provide training and technical assistance; andCommentsClose CommentsPermalink
(2) Up to 32 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; and (3) 7 percent of funds made available for grant or reimbursement programs: (A) under the heading ‘State and Local Law Enforcement Assistance’; or
Sec. 2156. 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 (
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 (
Sec. 216.8.
Sec. 217. (a) Within 30 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) 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.
evaluation of gulf coast claims facilitySec. 219Sec. 220. The Attorney General shall identify an independent auditor to evaluate the Gulf Coast Claims Facility.CommentsClose CommentsPermalink
Sec. 221.
(1) by striking ‘non-Federal’ in subsection (c)(1);CommentsClose CommentsPermalink
(2) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink
(3) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink
‘(d) This section shall not apply to goods, wares, or merchandise manufactured, produced, mined or assembled by convicts or prisoners who are participating in any pilot project approved by the FPI Board of Directors, which are currently, or would otherwise be, manufactured, produced, mined, or assembled outside the United States.’.CommentsClose CommentsPermalink
This title may be cited as the ‘Department of Justice Appropriations Act, 2012’.CommentsClose CommentsPermalink
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (
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
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
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
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 ; personnel and related costs, including uniforms or allowances therefor, as authorized by
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
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
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
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, $422390,000,000, to remain available until September 30, 2017: Provided, That hereafter, notwithstanding section 315 of the National Aeronautics and Space Act of 1958 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
The unexpired balances of previous accounts, for activities for which funds are provided under this Act, may be transferred to the new accounts established in this Act that provide such activity. Balances so transferred shall be merged with the funds in the newly established accounts, but shall be available under the same terms, conditions and period of time as previously appropriated.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
‘(B) Notwithstanding subparagraph (A), the Administrator may accept in-kind consideration for leases entered into for the purpose of developing renewable energy production facilities.’.CommentsClose CommentsPermalink
The spending plan required by section 54038 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.CommentsClose CommentsPermalink
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science Foundation Act of 1950, as amended (
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 (
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 (
agency operations and award management
For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950, as amended (
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
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.CommentsClose CommentsPermalink
administrative provision
Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 105 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.CommentsClose CommentsPermalink
This title may be cited as the ‘Science Appropriations Act, 2012’.CommentsClose CommentsPermalink
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
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 (
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
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, $396,106,000, of which $370,50648,000,000, 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
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 Section 504 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (as contained in (1) in subsection (a), in the matter preceding paragraph (1), by inserting after ‘)’ the following: ‘that uses Federal funds (or funds from any source with regard to paragraphs (14) and (15) in a manner’; (2) by striking subsection (d); and
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized by title II of
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
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to
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.CommentsClose CommentsPermalink
Sec. 505. (a) None of the funds provided under this Act, or provided under previous appropriations None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2012, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through the reprogramming of funds that--(1) a reprogramming of funds that: (1) creates or initiates a new program, project or activity, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;(2) ; (2) eliminates a program, project or activity, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted by this Act, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds; (4) relocates an office or employees, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds; (7) proposes to use funds directed for a specific activity by either the House or Senate Committee on Appropriations for a different purpose, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;
(b) None of the funds in provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2012, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through the reprogramming of funds after August 1, except in extraordinary circumstances, and only after the House and Senate Committees on Appropriations are notified 30 days in advance of such reprogramming of funds.
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) The term ‘promotional items’ has the meaning given the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).CommentsClose CommentsPermalink
Sec. 508. (a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration, shall provide to the House and Senate Committees on Appropriations 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 accounting of the cumulative balances of any unobligated funds that were received by such agency during any previous fiscal yearreports 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.CommentsClose CommentsPermalink
(b) The report described in subsection (a) shall be submitted within 30 days of the end of the first quarter of fiscal year 2012, and subsequent reports shall be submitted within 30 days of the end of each quarter thereafter.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Sec. 509. Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
Sec. 510. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.CommentsClose CommentsPermalink
Sec. 511. NHereafter, none of the funds appropriated pursuant to this Act or any other provision of law may be used for--CommentsClose CommentsPermalink
(1) the implementation of any tax or fee in connection with the implementation of sub
(2) any system to implement sub
Sec. 512. Notwithstanding any other provision of law, amounts deposited or available in the Fund established under
Sec. 513. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall include in all such data releases, language similar to the following that would make clear that trace data cannot be used to draw broad conclusions about firearms-related crime:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Sec. 517. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to 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.CommentsClose CommentsPermalink
(b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude--CommentsClose CommentsPermalink
(1) any matter described in
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract.CommentsClose CommentsPermalink
(e) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities.CommentsClose CommentsPermalink
Sec. 518. None of the funds appropriated or otherwise made available under this Act may be used to issue patents on claims directed to or encompassing a human organismby 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.CommentsClose CommentsPermalink
Sec. 519. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government.CommentsClose CommentsPermalink
Sec. 520. (a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for 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.CommentsClose CommentsPermalink
(b) The foregoing exemption from obtaining an export license--CommentsClose CommentsPermalink
(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); andCommentsClose CommentsPermalink
(2) does not permit the export without a license of--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(C) articles for export from Canada to another foreign destination.CommentsClose CommentsPermalink
(c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen.CommentsClose CommentsPermalink
(d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased.CommentsClose CommentsPermalink
Sec. 521. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to
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--CommentsClose CommentsPermalink
(1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement;CommentsClose CommentsPermalink
(2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; orCommentsClose CommentsPermalink
(3) paragraph 4 of article 15.9 of the United States-Morocco Free Trade Agreement.CommentsClose CommentsPermalink
Sec. 523. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act; The Electronic Communications Privacy Act; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; and the laws amended by these Acts.CommentsClose CommentsPermalink
Sec. 524. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent, the program manager shall immediately inform the respective Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project’s management structure is adequate to control total project or procurement costs.CommentsClose CommentsPermalink
Sec. 525. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (
Sec. 526. The Departments, agencies, and commissions funded under this Act, shall establish and maintain on the homepages of their Internet websites--CommentsClose CommentsPermalink
(1) a direct link to the Internet webWeb sites of their Offices of Inspectors General; andCommentsClose CommentsPermalink
(2) a mechanism on the Offices of Inspectors General webWeb site by which individuals may anonymously report cases of waste, fraud, or abuse with respect to those Departments, agencies, and commissions.CommentsClose CommentsPermalink
Sec. 527. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days 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.CommentsClose CommentsPermalink
(rescissions)
Sec. 5298. (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 account in the specified amount:s in the specified amounts--CommentsClose CommentsPermalink
(1) ‘National Telecommunications and Information Administration, Information Infrastructure Grants’, $2,000,000;CommentsClose CommentsPermalink
and(2 (2) ‘National Telecommunications and Information Administration, Public Telecommunications Facilities, Planning and Construction’, $2,750,000; and CommentsClose CommentsPermalink
(3) ‘National Oceanic and Atmospheric Administration, Foreign Fishing Observer Fund’, $350,000.CommentsClose CommentsPermalink
(b) Of the amounts made available under section 3010 of the Deficit Reduction Act of 2005 (
(c) Of the unobligated balances available for ‘Emergency Steel, Oil, and Gas Guaranteed Loan Program Account’, $700,000 are hereby rescinded.CommentsClose CommentsPermalink
(d) Of the unobligated balances available to the Department of Justice from prior appropriations, the following funds are hereby rescinded, not later than September 30, 2012, from the following accounts in the specified amounts--CommentsClose CommentsPermalink
(1) ‘Working Capital Fund’, $40,000,000;CommentsClose CommentsPermalink
(2) ‘Legal Activities, Assets Forfeiture Fund’, $620,000,000; and an additional $25,000,000 shall be permanently rescinded75,000,000;CommentsClose Commen