Clerk session vote number: 857
Description: 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
Bill summary: (This measure has not been amended since the conference report was filed in the House on November 14, 2011. The summary of that version is repeated here.)
Consolidated and Further Continuing Appropriations Act, 2012 -
Division A: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies
Title I: Agricultural Programs
- Appropriates FY2012 funds for the following Department of Agriculture (USDA) programs and services: (1) Office of the Secretary of Agriculture
(Secretary); (2) Office of Tribal Relations; (3) Office of the Chief Economist; (4) National Appeals Division; (5) Office of Budget and Program Analysis; (6) Office of Homeland Security and Emergency Coordination; (7) Office of Advocacy and Outreach; (8) Office of the Chief Information Officer; (9) Office of the Chief Financial Officer; (10) Office of the Assistant Secretary for Civil Rights; (11) Office of Civil Rights; (12) Office of the Assistant Secretary for Administration; (13) agriculture buildings and facilities and rental payments; (14) hazardous materials management; (15) departmental administration; (16) Office of the Assistant Secretary for Congressional Relations; (17) Office of Communications; (18) Office of Inspector General; (19) Office of the General Counsel; (20) Office of the Under Secretary for Research, Education, and Economics; (21) Economic Research Service; (22) National Agricultural Statistics Service; (23) Agricultural Research Service; (24) National Institute of Food and Agriculture; (25) Native American Institutions Endowment Fund; (26) extension and integrated activities; (27) Office of the Under Secretary for Marketing and Regulatory Programs; (28) Animal and Plant Health Inspection Service; (29) Agricultural Marketing Service; (30) Grain Inspection, Packers and Stockyards Administration; (31) Office of the Under Secretary for Food Safety; (32) Food Safety and Inspection Service; (33) Office of the Under Secretary for Farm and Foreign Agricultural Services; (34) Farm Service Agency; (35) state mediation grants; (36) grass roots water protection; (37) dairy indemnity program; (38) Agricultural Credit Insurance Fund Program Account; (39) Risk Management Agency; (40) Federal Crop Insurance Corporation Fund; and (41) Commodity Credit Corporation Fund.
Title II: Conservation Programs
- Appropriates funds for the following: (1) Office of the Under Secretary for Natural Resources and Environment, and (2) Natural Resources Conservation Service.
Title III: Rural Development Programs
- Appropriates funds for the following: (1) Office of the Under Secretary for Rural Development, (2) rural development salaries and expenses, (3) Rural Housing Service, (4) Rural Business-Cooperative Service, and (5) Rural Utilities Service.
Title IV: Domestic Food Programs
- Appropriates funds for the following: (1) Office of the Under Secretary for Food, Nutrition and Consumer Services; and (2) Food and Nutrition Service.
Title V: Foreign Assistance and Related Programs
- Appropriates funds for the following: (1) Foreign Agricultural Service, (2) Food for Peace Act (P.L. 480) program title I and title II grants, (3) Commodity Credit Corporation (CCC) export loans, and (4) McGovern-Dole international food for education and child nutrition program grants.
Title VI: Related Agencies and Food and Drug Administration
- Appropriates funds for the following: (1) Food and Drug Administration (FDA), and (2) Farm Credit Administration.
Title VII: General Provisions
- Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 702) Authorizes the Secretary to transfer unobligated balances to the Working Capital Fund for plant and capital equipment acquisition.
(Sec. 703) Prohibits appropriations under this Act from remaining available for obligation beyond the current fiscal year unless expressly provided for.
(Sec. 704) Limits negotiated indirect costs on cooperative agreements between USDA and nonprofit organizations to 10%.
(Sec. 705) Makes USDA appropriations for direct and guaranteed loans available for: (1) the Rural Development Loan Fund program account, (2) the Rural Electrification and Telecommunication Loans program account, and (3) the Rural Housing Insurance Fund program account.
(Sec. 706) Prohibits the use of funds under this Act for the Safe Meat and Poultry Inspection Panel.
(Sec. 708) Makes funds available in the current fiscal year for agricultural management assistance under the Federal Crop Insurance Act and for specified conservation programs under the Food Security Act of 1985 until expended for current fiscal year obligations.
(Sec. 709) Makes eligible for economic development and job creation assistance under the Rural Electrification Act in the same manner as a borrower under such Act any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct, or guaranteed loan under such Act, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act.
(Sec. 710) Prohibits, regarding the specialty crop research initiative, funds from being used to prohibit the provision of certain in-kind support from non-federal sources.
(Sec. 711) Makes unobligated balances for salaries and expenses for the Farm Service Agency and the Rural Development mission area under this Act available for information technology expenses through September 30, 2013.
(Sec. 712) Authorizes the Secretary to permit a state agency to use funds provided in this Act to exceed a specified maximum amount of liquid infant formula when issuing liquid infant formula to participants.
(Sec. 714) States that with regard to certain programs established or amended by the Food, Conservation, and Energy Act of 2008 to be carried out using CCC funds: (1) such funds shall be available for salaries and administrative expenses without regard to certain allotment and fund transfer limits, and (2) the use of such funds shall not be considered to be a fund transfer or allotment for purposes of applying such limits.
(Sec. 715) Authorizes increases in FY2010 amounts of emergency food assistance available for non-emergency food assistance.
(Sec. 716) Amends the Federal Crop Insurance Act to make $15 million of CCC funds available for each fiscal year through FY2014 for agricultural management assistance to producers in Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Maine, Nevada, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Utah, Vermont, West Virginia, and Wyoming.
Amends the Food Security Act of 1985 to extend through FY2014: (1) the conservation stewardship program, and (2) the environmental quality incentives program.
Extends the following programs carried out under the CCC through FY 2014: (1) the conservation stewardship program, (2) the farmland protection program, (3) the environmental quality incentives program, and (4) the wildlife habitat incentives program.
(Sec. 717) Makes certain FY2005-FY2007 appropriations for rural broadband telecommunication loans available until expended to disburse obligations.
(Sec. 718) Limits funds made available in FY2012 or preceding fiscal years under P.L. 480 to reimburse the CCC for the release of certain commodities under the Bill Emerson Humanitarian Trust Act.
(Sec. 719) Limits funds available for USDA advisory committees, panels, commissions, and task forces.
(Sec. 720) Prohibits funds under this Act from being used to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30% of total federal funds provided under each award.
(Sec. 721) Prohibits funds from being used to prepare a final or interim final rule to implement "Implementation of Regulations Required Under Title XI of the Food, Conservation and Energy Act of 2008; Conduct in Violation of the Act," unless the combined annual cost to the economy of such rules does not exceed $100 million.
(Sec. 722) Rescinds specified Treasury funds.
(Sec. 723) Rescinds certain unobligated amounts for employment and training programs under the supplemental nutrition assistance program (SNAP, formerly food stamps).
(Sec. 724) Appropriates funds for direct reimbursement payments for geographically disadvantaged farmers or ranchers.
(Sec. 725) Authorizes the Secretary to reserve through April 1, 2012, up to 5% of the funding for the following items for projects in areas that are engaged in strategic regional development planning: (1) business and industry guaranteed loans, (2) rural development loan fund, (3) rural business enterprise grants, (4) rural business opportunity grants, (5) rural economic development program, (6) rural microenterprise program, (7) biorefinery assistance program, (8) rural energy for America program, (9) value-added producer grants, (10) broadband program, (11) water and waste program, and (12) rural community facilities program.
(Sec. 726) Limits FY2012 acreage enrollment for: (1) the grassland reserve program, and (2) the wetlands reserve program.
Prohibits funds from being used for: (1) the watershed rehabilitation program, (2) the voluntary public access and habitat incentives program, (3) a performance-based premium discount in the crop insurance program, and (4) the rural microentrepreneur assistance program.
Limits funds for: (1) the conservation stewardship program, (2) the environmental quality incentives program, (3) the farmland protection program, (4) the wildlife habitat incentives program, (5) the rural micro entrepreneur assistance program, (6) the bioenergy program for advanced biofuels, (7) the Natural Resources Conservation Service, (8) the rural energy for America program, and (9) the biomass crop assistance program.
Limits FY2012 funds for the following domestic food assistance categories under section 32 of the Act of August 24, 1935: (1) child nutrition program entitlement commodities; (2) state option contracts; (3) removal of defective commodities; (4) disaster relief; (5) additional fruit, vegetable, and nut purchases; (6) the fresh fruit and vegetable program; (7) estimated future needs; and (8) administrative funds.
Limits funds for the fresh fruit and vegetable program until October 1, 2012.
Prohibits funds from being used: (1) to reestablish farmers' purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption, or (2) for any surplus removal activities or price support activities under the Commodity Credit Corporation Charter Act.
Rescinds specified unobligated balances available in FY2012 for domestic food assistance.
(Sec. 727) Appropriates funds to the Farm Service Agency for a pilot program to demonstrate the use of new technologies that increase the growth rate of reforested hardwood trees on private non-industrial forest lands, enrolling lands on the coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 2005.
(Sec. 728) Prohibits the use of funds for user fee proposals that fail to provide sufficient budget impact information.
(Sec. 729) Rescinds specified funds for trade adjustments for farmers.
(Sec. 730) Prohibits, without specified congressional notice, the reprogramming of certain funds in order to: (1) create or eliminate programs, (2) increase funds or personnel for any project for which funds have been denied or restricted, (3) relocate an office or employee, (4) reorganize offices or programs, or (5) contract out any functions or activities performed by federal employees.
Prohibits, without specified congressional notice, the reprogramming of funds for programs, projects, or activities in excess of $500,000 or 10%, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10% funding for any existing program, project, or activity, or numbers of personnel by 10%; or (3) results from a personnel reduction which would result in a change in existing programs, activities, or projects.
(Sec. 731) Authorizes the Secretary to assess a one-time fee for any guaranteed business and industry loan that does not exceed 3% of the guaranteed principal portion of the loan.
(Sec. 732) Authorizes the closure of up to 10 Agricultural Research Service facilities and the conveyance with or without consideration of any such facility to: (1) a land-grant college or university, (2) a 1994 Institution, or (3) a Hispanic-serving agricultural college or university.
(Sec. 733) Prohibits USDA or FDA funds from being used to transmit to any non-USDA or non-Department of Health and Human Services (HHS) employee questions or responses to questions that are a result of information requested for the appropriations hearing process.
(Sec. 734) Authorizes schools and local educational agencies participating in the school lunch program to donate unused program food to local food banks or charitable organizations.
(Sec. 735) Appropriates funds for expenses resulting from major disaster designations pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act for: (1) the emergency conservation program, (2) the forest restoration program, and (3) the emergency watershed protection program.
(Sec. 736) Prohibits the use of funds under this Act by any executive branch entity to produce a prepackaged news story for U.S. broadcast or distribution unless it contains audio or text notice that it was produced or funded by such executive entity.
(Sec. 737) Requires USDA agencies to reimburse each other for employees detailed for longer than 30 days.
(Sec. 738) Prohibits funds from being made available to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan to, any corporation that was convicted, or had an officer or agent convicted, of a felony criminal violation under any federal or state law within the preceding 24 months.
(Sec. 739) Prohibits funds under this Act from being used to enter into a contract or cooperative agreement with, or make a grant or loan to any corporation that has an unpaid federal tax liability for which all judicial and administrative remedies have been exhausted and which is not being paid to the taxing authority.
(Sec. 740) Makes specified funds for the emergency watershed protection program available for disasters occurring in 2011.
(Sec. 741) Makes specified funds available for assistance to recipient nations only if adequate controls are in place to ensure that emergency food aid is received by the intended beneficiaries and not otherwise diverted.
(Sec. 742) Prohibits specified nonrecourse marketing assistance loans for mohair.
(Sec. 743) Prohibits funds under this Act from being used to implement an interim or final rule regarding certain nutrition programs that: (1) requires the crediting of tomato paste and puree based on volume; (2) implements a sodium reduction target beyond Target I until USDA has evaluated scientific data relevant to the relationship of sodium reductions to human health; and (3) establishes any whole grain requirement without defining "whole grain."
(Sec. 744) States that for FY2012, certain restrictions on fund use that may adversely affect a wetland shall not apply to any project funded under the community facilities programs if such project is also subject to approval of a permit issued under the Federal Water Pollution Control Act.
(Sec. 745) Prohibits the Secretary from using funds under this Act to make direct commodity or peanut payments to any person or legal entity that has an average adjusted gross income in excess of $1 million.
(Sec. 746) Prohibits funds under this Act from being used to implement an interim or final rule that: (1) sets maximum limits on the serving of vegetables in certain school meal programs, or (2) is inconsistent with the recommendations of the most recent Dietary Guidelines for Americans for vegetables.
(Sec. 747) Transfers specified balances to: (1) the Rural Housing Service, Multi-family Housing Revitalization Program Account; (2) the Rural Community Facilities Program Account; (3) the Rural Business Program Account; and (4) the Rural Water and Waste Disposal Program Account.
(Sec. 748) Appropriates additional funds to implement the Water Bank Act.
Division B: Commerce, Justice, Science, and Related Agencies - Title I: Department of Commerce
- Department of Commerce Appropriations Act, 2012 - Makes appropriations for the Department of Commerce for FY2012 for: (1) the International Trade Administration; (2) the Bureau of Industry and Security; (3) the Economic Development Administration; (4) the Minority Business Development Agency; (5) economic and statistical analysis programs; (6) the Bureau of the Census; (7) the National Telecommunications and Information Administration, including grants for public telecommunications facilities, planning and construction; (8) the United States Patent and Trademark Office (USPTO); (9) the National Institute of Standards and Technology (NIST), including amounts for the Hollings Manufacturing Extension Partnership and the construction of new research facilities; (10) the National Oceanic and Atmospheric Administration (NOAA), for operations, research, and facilities, and procurement, acquisition and construction of capital assets; (11) restoration of Pacific salmon populations (12) the fishermen's contingency fund; (13) the fisheries finance program account; and (14) departmental management, including for the Office of Inspector General and the renovation and modernization of department facilities.
(Sec. 105) Prohibits the NOAA from entering into a contract for development of a major program (estimated life-cycle cost of more than $250 million) unless the Under Secretary of Commerce for Oceans and Atmosphere makes specified determinations, including that: (1) the technical, cost, and schedule risks are clearly identified and the program has developed a plan to manage those risks; and (2) the technologies required for the program have been demonstrated in a relevant laboratory or test environment. Requires a report from the Under Secretary to specified congressional committees at least 30 days before entering such a contract describing the basis for such determinations. Directs the Under Secretary to report annually to such committees on expenditures for the NOAA satellite development program in the subsequent fiscal year. Requires: (1) a NOAA major program overseer to immediately notify the Under Secretary when development costs for that program have exceeded its estimate by 20% or more, and (2) the Under Secretary to notify such committees of such increase, together with a detailed explanation of its impact.
(Sec. 109) Rescinds all balances in the Coastal Zone Management Fund and treats any future payments to the Fund in accordance with the Federal Credit Reform Act of 1990.
(Sec. 110) Establishes in the Treasury the Fisheries Enforcement Asset Forfeiture Fund, for the receipt of fines, penalties, and forfeitures for violations of marine resource laws.
(Sec. 111) Establishes in the Treasury the Sanctuaries Enforcement Asset Forfeiture Fund, for the receipt of fines, penalties, and forfeitures for violations of marine sanctuaries laws.
(Sec. 112) Directs the Department of Commerce to provide a monthly report to the appropriations committees on any official employee travel to China, including the travel purpose.
(Sec. 113) Authorizes each of the U.S. Participating Territories of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean to use, assign, allocate, and manage catch limits of highly migratory fish stocks, or fishing effort limits, as agreed to by the Commission. Sets forth related activities of the Western Pacific Regional Fisheries Management Council.
Title II: Department of Justice -
Department of Justice Appropriations Act, 2012 - Makes appropriations for the Department of Justice (DOJ) for FY2012 for: (1) general administration, including for the National Drug Intelligence Center, information sharing technology, tactical law enforcement wireless communications, administration of pardon and clemency petitions and immigration-related activities, the Federal Detention Trustee, and the Office of Inspector General; (2) the United States Parole Commission; (3) legal activities, including for processing cases under the National Childhood Vaccine Injury Act of 1986 through reimbursement from the Vaccine Injury Compensation Trust Fund, antitrust enforcement, the Offices of the United States Attorneys, the United States Trustee Program, the Foreign Claims Settlement Commission, fees and expenses of witnesses, the Community Relations Service, and the Assets Forfeiture Fund; (4) the United States Marshals Service; (5) the National Security Division; (6) interagency crime and drug enforcement; (7) the Federal Bureau of Investigation (FBI); (8) the Drug Enforcement Administration (DEA); (9) the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); (10) the Federal Prison System (FPS); (11) the Office on Violence Against Women, including for violence against women prevention and prosecution programs; (12) the Office of Justice Programs, including for juvenile justice programs and public safety officers benefits; and (13) community oriented policing services.
(Sec. 202) Prohibits the use of funds to: (1) 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; or (2) require any person to perform or facilitate an abortion.
(Sec. 213) Directs the Attorney General to report a cost and schedule estimate for the final operating capability of the FBI's Sentinel program, which shall be submitted concurrently to DOJ's Office of Inspector General, which shall provide an assessment of it.
(Sec. 219) Prohibits funds made available under this Act, other than for the national instant criminal background check system, from being used by a federal law enforcement officer to facilitate the transfer of an operable firearm to an individual known or suspected of being an agent of a drug cartel, unless U.S. law enforcement personnel continuously monitor or control the firearm at all times.
(Sec. 221) Amends the federal criminal code to make an exception to provisions prohibiting knowingly transporting in interstate commerce or importing goods manufactured, produced, or mined by prisoners for goods produced by prisoners participating in any pilot project approved by the Federal Prison Industries Board of Directors which would otherwise be produced outside the United States.
Title III: Science -
Science Appropriations Act, 2012 - Makes appropriations for FY2012 for: (1) the Office of Science and Technology Policy (OSTP); (2) the National Aeronautics and Space Administration (NASA) for science (including for the James Webb Space Telescope), aeronautics, space technology, exploration (including for the Orion multipurpose crew vehicle and heavy lift launch vehicle system and for commercial spaceflight activities), space operations (including for the International Space Station (ISS) and the 21st Century Launch Complex), aerospace and aeronautical education research and development activities (including for the Experimental Program to Stimulate Competitive Research (EPSCoR) and the National Space Grant College program), construction, and the Office of Inspector General; and (3) the National Science Foundation (NSF) for research, equipment and facilities construction, science, mathematics, and engineering education and human resources programs, the Office of the National Science Board, and the Office of Inspector General.
Instructs NASA to implement the recommendations of the most recent National Research Council (NRC) planetary decadal survey and to follow the survey's recommended decision rules pertaining to program implementation, including a strict adherence to the recommendation that NASA include in a balanced program a flagship class mission, which may be executed in cooperation with one or more international partners, if that mission can be appropriately de-scoped and all NASA costs for it can be accommodated within the overall funding levels appropriated by Congress.
Limits development costs for the James Webb Space Telescope to $8 billion. Requires the individual responsible for making certain notifications with regard to oversight of the program for the Telescope to immediately notify the NASA Administrator if such costs are likely to exceed that limit.
Limits the amount of the funding provided for the heavy lift launch vehicle system that may be used for ground operations.
Makes a specified amount of the funding provided for commercial spaceflight activities available only after the NASA Administrator certifies in writing to the House and Senate Committees on Appropriations that NASA has published the required notifications of NASA contract actions for implementing the acquisition strategy for the heavy lift launch vehicle system and has begun carrying out relevant actions in support of the development of such launch system.
Transfers $1 million of certain cross agency support funds provided for NASA to the National Aeronautics and Space Administration, Office of Inspector General account, to be used by the NASA Inspector General to commission a comprehensive independent assessment of NASA's strategic direction and agency management.
Requires all proceeds from specified leases entered into by NASA under the National Aeronautics and Space Act of 1958 with regard to the use of any non-excess real property and related personal property of NASA to be deposited into the construction and environmental compliance and restoration account and made available, to the extent provided in annual appropriations Acts, for a five-year period. Sets a limitation on the proceeds to be made available for obligation for FY2012.
Allows the NASA Administrator to accept in-kind consideration for leases entered into by NASA regarding the use of such property under current law for the development of renewable energy production facilities.
Title IV: Related Agencies
- Makes appropriations for FY2012 for: (1) the U.S. Commission on Civil Rights (including a transfer of funds), (2) the Equal Employment Opportunity Commission (EEOC), (3) the U.S. International Trade Commission (USITC), (4) the Legal Services Corporation, (5) the Marine Mammal Commission, (6) the Office of the United States Trade Representative (USTR), and (7) the State Justice Institute.
Requires the Inspector General of the Government Accountability Office (GAO), by virtue of such appointment, to also hold the position of Inspector General of the U.S. Commission on Civil Rights.
Title V: General Provisions
- (Sec. 506) Prohibits the use of funds to implement, administer, or enforce any EEOC guidelines covering harassment based on religion, when it is made known to the federal entity or official to which such funds are made available that such guidelines do not differ in any respect from the proposed guidelines published by the Commission on October 1, 1993.
(Sec. 507) Makes ineligible to receive any contract or subcontract funded by this Act any person who mislabels a product sold in or shipped to the United States as "Made in America."
Requires any funds available under this Act used for authorized purchases of promotional items to be used for such items that are U.S. manufactured, produced, or assembled.
(Sec. 510) Prohibits the use of funds to promote the sale or export of tobacco or tobacco products or to seek the removal of restrictions on marketing of such products.
(Sec. 511) Prohibits funding for the implementation of: (1) any user fee for background checks under the Brady Handgun Control Act of 1993, and (2) any background check system that does not require and result in the destruction of information submitted by an individual certified as eligible to possess or receive a firearm.
(Sec. 513) Prohibits the use of DOJ funds to discriminate against or denigrate the religious or moral beliefs of students who participate in DOJ programs or of the parents or legal guardians of such students.
(Sec. 518) Prohibits any funds under this Act from being used by the Department of Commerce, DOJ, NASA, or NSF for the acquisition of information technology systems, until any associated risk of cyber-espionage or sabotage has been assessed.
(Sec. 519) Prohibits the use of funds to: (1) support or justify the use of torture; (2) require licenses for exporting certain firearms to Canada; (3) deny certain import applications regarding "curios or relics" firearms, parts, or ammunition; (4) include in any new bilateral or multilateral trade agreement certain language of the United States-Singapore Free Trade Agreement, the United States-Australia Free Trade Agreement, or the United States-Morocco Free Trade Agreement; (5) authorize a national security letter in contravention of statutes authorizing the FBI to issue national security letters; (6) purchase first class or premium airline travel in contravention of federal regulations; (7) pay for the attendance of more than 50 federal employees at any single conference outside the United States, subject to an exception; (8) relocate the Bureau of the Census or employees from the Department of Commerce to the jurisdiction of the Executive Office of the President; and (9) maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(Sec. 526) Requires departments, agencies, and commissions funded under this Act to establish and maintain on their websites direct links to their Offices of Inspector General and a mechanism for anonymously reporting waste, fraud, and abuse.
(Sec. 528) Rescinds certain unobligated funds available to the Department of Commerce, DOJ, and NASA.
(Sec. 532) Prohibits any funds from being used to release, transfer, or assist in the transfer or release of, Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces and is or was held on or after June 24, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo), into the United States or U.S. territories or possessions.
(Sec. 533) Prohibits any funds from being used for the construction, acquisition, or modification of any facility in the United States, its territories, or its possessions to house, detain, or imprison any individual under DOD control who, as of June 24, 2009, is located at Guantanamo and who is not a U.S. citizen or member of the U.S. Armed Forces or is otherwise under detention at Guantanamo. Bars such prohibition from being applied to any modification of facilities at Guantanamo.
(Sec. 534) Prohibits the distribution of any funds made available under this Act to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.
(Sec. 538) Requires the Department of Commerce, DOJ, NASA, and NSF, within 45 days of enactment of this Act, to submit spending plans that are signed by the heads of their respective departments or agencies to the House and Senate Committee on Appropriations.
(Sec. 539) Prohibits the use of any NASA or OSTP funds to participate in any way in any program with China or any Chinese-owned company, unless specifically authorized by law.
(Sec. 543) Prohibits contracts, grants, or loans to any corporation convicted of a felony within the preceding 24 months, subject to exception.
(Sec. 544) Prohibits contracts, grants, or loans to any corporation with any unpaid federal tax liability, subject to exception.
(Sec. 545) Requires all agencies funded under this Act to report annually to the appropriations committees concerning their vehicle fleet costs.
(Sec. 546) Prohibits funds to implement, administer, or enforce, prior to January 1, 2012, the rule entitled "Wage Methodology for the Temporary Non-agricultural Employment H-2B Program."
Division C: Transportation, Housing and Urban Development, and Related Agencies
Title I: Department of Transportation
Department of Transportation Appropriations Act, 2012 - Makes appropriations for FY2012 to the Department of Transportation (DOT), including: (1) the Office of the Secretary, (2) the Federal Aviation Administration (FAA), (3) the Federal Highway Administration (FHWA), (4) the Federal Motor Carrier Safety Administration (FMCSA), (5) the National Highway Traffic Safety Administration (NHTSA), (6) the Federal Railroad Administration (FRA), (7) the Federal Transit Administration (FTA), (8) the Saint Lawrence Seaway Development Corporation, (9) the Maritime Administration, (10) the Pipeline and Hazardous Materials Safety Administration (PHMSA), (11) the Research and Innovative Technology Administration, (12) the Office of Inspector General, and (13) the Surface Transportation Board (STB).
(Sec. 102) Authorizes the Secretary of Transportation (Secretary in this title) or designee to lobby states and state legislators to consider proposals for the reduction of motorcycle fatalities.
(Sec. 103) Prohibits any funds made available under this Act from being obligated or expended to establish or implement a program under which essential air service (EAS) communities are required to assume subsidy costs commonly referred to as the EAS local participation program.
(Sec. 104) Authorizes the DOT's Working Capital fund to provide advanced payments to vendors to carry out the federal transit pass transportation fringe benefit program for federal employees.
(Sec. 105) Directs the Secretary to: (1) post on the DOT website a schedule of all Credit Council meetings, including the agenda for each meeting; and (2) require the Council to record the decisions and actions of the meetings.
(Sec. 106) Rescinds unobligated balances made available under the Department of Transportation Appropriations Act, 2006, for necessary expenses, including an independent verification regime, to reimburse fixed-based general aviation operators and the providers of general aviation ground support services at Ronald Reagan Washington National Airport, College Park Airport in College Park, Maryland, Potomac Airpark in Fort Washington, Maryland, Washington Executive/Hyde Field in Clinton, Maryland, and Washington South Capitol Street Heliport in Washington, DC, for direct and incremental financial losses incurred while such airports were closed to general aviation operations by these operators and service providers solely due to the federal government action following the terrorist attacks on the United States on September 11, 2001.
(Sec. 110) Prohibits the use of funds to compensate more than 600 technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development during FY2012.
(Sec. 111) Prohibits the use of funds to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the FAA without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting. Exempts from this prohibition any negotiations between the agency and airport sponsors to: (1) achieve agreement on "below-market" rates for these items, or (2) grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities.
(Sec. 112) Authorizes the FAA Administrator to reimburse amounts made available from certain fees to carry out the EAS program.
(Sec. 113) Requires that amounts collected for safety-related training and operational services to foreign aviation authorities be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes of such appropriation.
(Sec. 114) Prohibits Airport Improvement Program (AIP) grant funds from being made available to a sponsor of a commercial service airport that fails to agree to a request from the Secretary for cost-free space in a nonrevenue producing, public use area of the airport to carry out a public service air passenger rights and consumer out-reach campaign.
(Sec. 116) Prohibits the obligation of funds for an FAA employee to purchase a store gift card or gift certificate through use of a government-issued credit card.
(Sec. 117) Requires the Secretary to make the minimum apportionment for primary and cargo airports to sponsors of airports that: (1) received scheduled or unscheduled air service from large certified air carriers, and (2) had more than 10,000 passenger boardings in the preceding calendar year.
(Sec. 118) Prohibits the obligation of funds for retention bonuses for a FAA employee without the prior written approval of the DOT Deputy Assistant Secretary for Administration.
(Sec. 119) Caps at 20% the maximum allowable local share of costs of an airport sponsor or state or local government with jurisdiction over an airport in cases where the operating costs of an air traffic tower under the Contract Air Traffic Control Tower Program exceed the benefits.
(Sec. 119A) Prohibits the use of funds to implement, or to continue to implement, any limitation on the ability of a private aircraft owner or operator, upon a request to the FAA Administrator, to block, with respect to its noncommercial flights, the display of the owner's or operator's registration number in the Aircraft Situational Display to Industry data provided by the FAA to the public, unless the data has been made available to a government agency.
(Sec. 119B) Bars the use of funds to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey.
(Sec. 120) Prescribes requirements, including a formula, for certain FY2012 distributions from the obligation limitation for federal-aid highways.
(Sec. 121) Allows crediting to the federal-aid highways account of funds received by the Bureau of Transportation Statistics from the sale of data products to reimburse the Bureau for necessary expenses.
(Sec. 122) Requires the Secretary to make an informal public notice and comment opportunity on the intent of the waiver before waiving any Buy American requirement for federal-aid highway projects.
(Sec. 123) Prohibits the use of funds to approve or authorize the imposition of a toll on any segment of a federal highway in the state of Texas that is not already tolled, is constructed with federal assistance, and is in actual operation.
States that this prohibition does not apply to: (1) any federal-aid system highway segment that will have the same number of nontoll lanes as existed before a toll is imposed, or (2) any high-occupancy vehicle (HOV) lane converted to a toll lane if an HOV may use the toll lane without paying a toll or the HOV lane was constructed as a temporary lane to be replaced by a toll lane.
(Sec. 124) Directs the Comptroller General to study how states and public transit authorities have used state authority to transfer federal funds between highway and transit programs.
(Sec. 125) Extends to all portions of the Interstate Highway System in the states of Maine and Vermont the application of their respective state vehicle weight limit laws and regulations in lieu of federal vehicle weight limits through December 31, 2031.
(Sec. 126) Authorizes the Secretary to deduct, on a proportional basis, for administrative expenses of the federal-aid highway program, up to $16 million authorized under the Surface Transportation Extension Act of 2011, Part II, for the 14 allocated programs.
(Sec. 130) Subjects funds appropriated or limited in this Act to certain safety examination and other requirements of the Department of Transportation and Related Agencies Appropriations Act, 2002 and the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 relating to Mexico-domiciled motor carriers involved in cross-border trucking between the United States and Mexico.
(Sec. 131) Declares that states need not repay any grant funds received in error: (1) for core or expanded deployment activities under the Commercial Vehicle Information Systems and Networks program, even though the state did not meet certain award eligibility requirements; or (2) in excess of the maximum allowed; or (3) for grants awarded either before or after the expiration of the performance period specified in a grant agreement. Requires reimbursement to states for core or expanded deployment expenditures they made before enactment of this Act in reliance on a grant awarded in error.
(Sec. 140) Makes certain additional funds available to NHTSA to pay for: (1) travel and related expenses for state management reviews, and (2) core competency development training and related expenses for highway safety staff.
(Sec. 141) Declares that certain limitations on obligations for NHTSA programs shall not apply to any obligational authority made available in previous public laws for multiple years, except to the extent that the obligational authority has not lapsed or been used.
(Sec. 142) Prohibits the use of funds to implement establishment in the DOT of a National Highway Safety Advisory Committee.
(Sec. 150) Declares that funds provided in this Act for the National Railroad Passenger Corporation (Amtrak) shall immediately cease to be available to Amtrak in the event that it contracts to have provided at or from any location outside the United States any service that was, as of July 1, 2006, performed by a full-time or part-time Amtrak employee whose base of employment is located within the United States.
(Sec. 151) Authorizes the Secretary to receive cash or spare parts from non-federal sources to repair damages to or replace federally-owned automated track inspection cars and equipment as a result of third party liability for such damages.
(Sec. 152) Authorizes the Secretary to allow the issuer of any preferred stock heretofore sold to DOT to redeem or repurchase it upon the payment to DOT of an amount the Secretary determines.
(Sec. 153) Bars the use of funds for Amtrak to pay overtime costs in excess of $35,000 for any Amtrak employee.
Authorizes the president of Amtrak to waive such cap in cases where it poses a risk to the safety and operational efficiency of the Amtrak system.
(Sec. 160) Declares that the limitations on obligations for FTA programs shall not apply to any grant authority previously made available for obligation, or to any other authority previously made available for obligation.
(Sec. 161) Declares that funds appropriated by this Act for specified FTA discretionary program projects which are not obligated by September 30, 2014, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided.
(Sec. 162) Authorizes certain transfers of any public transportation funds appropriated before October 1, 2011, that remain available for expenditure.
(Sec. 163) Authorizes the use of unobligated FTA capital investment grants funds for new fixed guideway systems projects.
(Sec. 164) Requires unobligated funds or recoveries under the capital investment grants program for new fixed guideway capital projects that are available to the Secretary of Transportation for reallocation to be directed to projects eligible to use the funds for the purposes for which they were originally provided.
(Sec. 165) Authorizes the Secretary to use 1% of amounts available for job access and reverse commute formula grants for specified major capital project program management activities.
(Sec. 166) Authorizes the use of FTA funds made available for Alaska or Hawaii ferry boats or ferry terminal facilities to construct new or improve existing vessels and facilities, including both passenger and vehicle-related elements, and for repair facilities.
(Sec. 167) Bars use of funds to enter into a full funding grant agreement for a major transit capital project with a New Starts program share greater than 60%.
(Sec. 168) Treats fuel for motor vehicle operations (including the cost of utilities used for the propulsion of electrically driven vehicles) as an associated capital maintenance item for purposes of urbanized area formula grants made in FY2012. Limits amounts for such items to $100 million.
(Sec. 169) Prohibits the Secretary from enforcing federal charter bus service regulations against any transit agency that during FY2008 was both initially granted a 60-day period to comply with such regulations, and then subsequently granted an exception from them.
(Sec. 169A) Authorizes the Secretary, when applying project justification and local commitment criteria to a New Starts project, to consider the costs and ridership of any connected project where private parties are making significant financial contributions to the construction of the connected project. Authorizes the Secretary also to consider the significant financial contributions of such parties to the connected project when calculating the non-federal share of net capital project costs for the New Start project.
(Sec. 169B) Requires all bus new fixed guideway capital projects recommended in the President's FY2012 budget request for capital investment grant funds appropriated under this Act or any other Act to be funded instead from amounts allocated for capital projects for buses and bus-related equipment and facilities.
(Sec. 170) Authorizes the Maritime Administration to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy of property under its control.
(Sec. 171) Bars the use of funds by DOT or the Maritime Administration to negotiate or execute, enter into, facilitate or perform fee-for-service contracts for vessel disposal, scrapping, or recycling, unless there is no qualified domestic ship recycler that will pay to purchase and scrap or recycle a vessel owned or operated by the Maritime Administration or that is part of the National Defense Reserve Fleet.
(Sec. 172) Prohibits the use of funds by the Secretary to make a determination of the nonavailability of qualified U.S.-flag vessel capacity for the transportation of crude oil distributed from the Strategic Petroleum Reserve unless the Secretary provides to the Secretary of Homeland Security (DHS) a list of U.S.-flag vessels with single or collective capacity that are capable of providing the requested transportation services and a written justification for not using them.
(Sec. 182) Prohibits the availability of the funds in this Act for salaries and expenses of more than 110 political and presidential appointees in DOT. Prohibits assignment of any of such appointees on temporary detail outside the Department.
(Sec. 183) Bars recipients of funds made available in this Act from disseminating personal information obtained by a state department of motor vehicles in connection with a motor vehicle record, except as permitted under specified federal criminal law. Prohibits the Secretary, however, from withholding funds for any grantee if a state fails to comply with this prohibition.
(Sec. 185) Requires the Secretary to notify the congressional appropriations committees at least three full business days before announcing any project competitively selected to receive a discretionary grant award, letter of intent, or full funding grant agreement totaling $1 million or more from certain grant programs, including the federal highway emergency relief program, the FAA AIP, any FRA program, any FTA program other than the formula grants and fixed guideway modernization programs, or any funding for national infrastructure investments and assistance to small shipyards.
(Sec. 187) Makes available for reimbursement of recovery costs any recovered funds that the Secretary has determined represent improper DOT payments to a third party contractor under a financial assistance award.
(Sec. 189) Prohibits the use of funds by the STB to charge or collect any filing fee for rate complaints filed with it in an amount in excess of that authorized for district court civil suit filing fees under the federal judicial code.
(Sec. 190) Authorizes the obligation of funds appropriated to the modal administrations for the Office of the Secretary for costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods or services that are purchased to provide a direct benefit to such administrations.
(Sec. 191) Revises membership requirements for, and increases from 13 to 17 the number of, members on the board of directors of the Metropolitan Washington Airports Authority (MWAA), including an additional 2 members appointed by the Governor of Virginia and 1 member each by the Mayor of the District of Columbia and by the Governor of Maryland.
Authorizes a board member to be reappointed for one additional term. Prohibits members from serving after the expiration of their term(s).
Authorizes removal or suspension only for cause of board members appointed by the Mayor of the District of Columbia or the Governors of Maryland or Virginia.
Increases from 8 to 10 the number of votes required to approve bond issues and the annual budget.
(Sec. 192) Bars the use of funds to enforce traffic control device compliance dates on state and local governments with respect to certain minimum sign retroflectivity requirements listed in the FHWA's Manual on Uniform Traffic Control Devices.
Title II: Department of Housing and Urban Development
- Department of Housing and Urban Development Appropriations Act, 2012 - Makes appropriations for FY2012 to the Department of Housing and Urban Development (HUD) for: (1) administration, operations, and management; (2) the Office of Public and Indian Housing; (3) the Office of Community Planning and Development; (4) the Office of Housing and the Federal Housing Administration (FHA); (5) the Government National Mortgage Association (Ginnie Mae); (6) Office of Policy Development and Research; (7) Office of Fair Housing and Equal Opportunity; (8) the Office of Healthy Homes and Lead Hazard Control; and (9) the Office of Inspector General.
General Provisions: Department of Housing and Urban Development
- (Sec. 201) Requires rescission of 50% of the amounts of budget authority (or, in the alternative, remittance to the Treasury of 50% of the associated cash amounts) that are recaptured from certain state-, local government-, or local housing agency-financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988. Requires such recaptured budget authority or funds, as well as any budget authority or cash recaptured and not rescinded or remitted to the Treasury, to be used by state housing finance agencies or local governments or local housing agencies with HUD-approved projects for which settlement occurred after January 1, 1992.
Authorizes the Secretary of HUD (Secretary in this title), all the same, to award up to 15% of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their projects at a lower interest rate.
(Sec. 202) Prohibits the use of funds during FY2012 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that is engaged in solely to achieve or prevent action by a government official or entity, or a court of competent jurisdiction.
(Sec. 203) Directs the Secretary to make a grant under certain authority of the AIDS Housing Opportunity Act for any state that received an allocation in a prior fiscal year, but is not otherwise eligible for an FY2012 allocation because the areas in the state outside of qualifying metropolitan statistical areas do not have the number of cases of acquired immunodeficiency syndrome (AIDS) otherwise required.
Prescribes a formula for the allocation of such grants to Jersey City and Paterson, New Jersey.
(Sec. 204) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with the Department of Housing and Urban Development Reform Act of 1989.
(Sec. 205) Makes certain funds available, without regard to limitations on administrative expenses, for: (1) legal services on a contract or fee basis; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan Banks, and any bank insured under the Federal Deposit Insurance Corporation Act.
(Sec. 207) Authorizes any HUD corporations and agencies subject to the Government Corporation Control Act to make expenditures, contracts, and commitments without regard to fiscal year limitations as necessary to carry out their FY2012 budgets.
(Sec. 208) Directs the Secretary to report quarterly to congressional appropriations committees regarding all uncommitted, unobligated, recaptured, and excess funds in each program and activity within HUD jurisdiction, along with additional, updated budget information upon request.
(Sec. 209) Requires the Secretary to: (1) adjust the funds allocated for FY2012 under the AIDS Housing Opportunity Act to Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division; and (2) allocate a portion to the state of New Jersey according to a specified formula.
Directs the Secretary to allocate to Wake County, North Carolina, certain funds that otherwise would be allocated for FY2012 under such Act to Raleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina, Metropolitan Statistical Area.
Authorizes the Secretary to: (1) adjust FY2012 allocations under such Act upon the written request of a grant applicant for a formula allocation on behalf of a metropolitan statistical area, and (2) designate the state or states in which the metropolitan statistical area is located as the eligible grantee(s) of the allocation.
(Sec. 210) Requires the President's formal budget request for FY2013 and HUD's congressional budget justifications to use the identical account and subaccount structure provided under this Act.
(Sec. 211) Declares that a public housing agency (PHA), or other entity, that administers federal housing assistance for the Housing Authority of the county of Los Angeles, California, or the states of Alaska, Iowa, or Mississippi shall not be required to include a resident of public housing or a recipient of section 8 rental assistance (under the United States Housing Act of 1937) on the agency or entity governing board.
Requires each such PHA (or other entity) that chooses not to include such individuals on its governing board to establish an advisory board, which shall meet at least quarterly, consisting of at least six residents of public housing or section 8 rental assistance recipients.
(Sec. 212) Authorizes the Secretary for FY2012-FY2013, subject to specified conditions, to authorize the transfer of some or all project-based assistance, debt, and statutorily required low-income and very low-income use restrictions, associated with one or more multifamily housing project, to another multifamily housing project or projects.
(Sec. 213) Requires that the funds made available for Native American Housing Block Grants in title III of this Act be allocated to the same recipients that received funds in FY2005.
(Sec. 214) Prohibits the use of funds provided under this title for an audit of Ginnie Mae that applies certain requirements of the Federal Credit Reform Act of 1990.
(Sec. 215) Prohibits any section 8 rental assistance to any individual who: (1) is enrolled as a student at an institution of higher education; (2) is under age 24; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, and was not receiving section 8 assistance as of November 30, 2005; and (7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive such assistance.
Declares that, for section 8 rental assistance eligibility purposes, any financial assistance (in excess of amounts received for tuition) that an individual receives under the Higher Education Act of 1965, from private sources, or an institution of higher education shall be considered income to that individual, except for a person over age 23 with dependent children.
(Sec. 216) Authorizes the Secretary through FY2012 to insure, and enter into commitments to insure, home equity conversion mortgages (HECMs, or reverse mortgages) for elderly homeowners.
(Sec. 217) Requires the Secretary during FY2012, in managing and disposing of any multifamily property that is owned or has a mortgage held by HUD, and during the process of foreclosure on any property with a contract for section 8 rental assistance payments or other federal programs, to maintain any rental assistance payments attached to any dwelling units in the property. Authorizes the Secretary, however, to the extent that such a multifamily property is not feasible for continued payments, based on specified cost, operation, or environmental considerations, to: (1) contract, in consultation with the property's tenants, for project-based rental assistance payments with an owner or owners of other existing housing properties; or (2) provide other rental assistance.
(Sec. 218) Requires the Secretary to report quarterly to congressional appropriations committees on HUD use of all sole source contracts.
(Sec. 219) States that, during FY2012, a family residing in an assisted living facility in any county of Michigan with a section 8 rental assistance demonstration program, and on behalf of which a PHA provides such assistance, may be required, when the family initially receives the assistance, to pay rent in an amount exceeding 40% of the family's monthly adjusted income by any percentage or amount the Secretary determines appropriate.
(Sec. 220) Authorizes any recipient after December 26, 2000, of a grant for conversion of elderly housing to assisted living facilities to: (1) establish a single-asset nonprofit entity to own the project; and (2) lend the grant funds to such entity, which may be a for-profit limited partnership the sole general partner of which is a private nonprofit organization meeting specified requirements, or a corporation wholly owned and controlled by such a private nonprofit organization.
(Sec. 221) Authorizes the use of Community Development Loan Guarantee funds to guarantee, or make commitments to guarantee, notes or other obligations issued by any state on behalf of its non-entitlement communities.
(Sec. 222) Amends the United States Housing Act of 1937 to extend through FY2012 the authorization of appropriations for demolition, site revitalization, replacement housing, and tenant-based assistance project grants to PHAs.
(Sec. 223) Authorizes PHAs that own and operate 400 or fewer public housing units to elect to be exempt from any asset management requirements imposed by the Secretary in connection with the operating fund rule.
Prohibits exemption from such requirements, however, for an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula.
(Sec. 224) Prohibits the Secretary, with respect to the use of funds for the operation, capital improvement, and management of public housing authorized by the United States Housing Act of 1937, from imposing any asset management requirement or guideline that restricts or limits in any way the use of capital funds for central office costs.
Prohibits a PHA, however, from using capital funds authorized for eligible operation and management activities with operating funds in excess of specified permitted amounts.
(Sec. 225) Prohibits designation of a HUD official or employee as an allotment holder unless he or she has: (1) implemented an adequate system of funds control, and (2) received training in funds control procedures and directives.
(Sec. 226) Requires the Secretary to report quarterly to congressional appropriations committees on the status of all section 8 project-based housing, including the number of all project-based units by region as well as an analysis of all federally subsidized housing being refinanced under the Mark-to-Market program.
(Sec. 227) Requires payment of attorney fees in program-related litigation from individual program office personnel benefits and compensation funding.
(Sec. 228) Requires the Secretary for FY2012 and thereafter to notify the public through the Federal Register and other appropriate means of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund that is to be awarded competitively.
Authorizes the Secretary for such period to make the NOFA available only on the Internet at the appropriate government website or through other electronic media.
(Sec. 230) Considers the HUD-administered Disaster Housing Assistance Programs as a HUD program under the McKinney Act for income verification and matching purposes.
(Sec. 231) Requires the Comptroller General to study the effectiveness of the block grant programs administered by the HUD Office of Community Planning and Development (OCPD), including an examination of best practices utilized by program grantees and performance metrics utilized by HUD.
(Sec. 232) Requires the Secretary to: (1) take necessary actions to improve data quality, data management, and grantee oversight and accountability for OCPD-administered programs and activities; (2) address the problems identified by the Inspector General in audits and audit reports since 2006 for such programs and activities; and (3) report to Congress on the progress achieved in addressing such problems, identifying further improvements that can be made.
(Sec. 233) Allows up to $10 million out of funds appropriated for salaries and expenses under all accounts under this title (except for the Office of Inspector General account) to be transferred to and merged with amounts appropriated for the Working Capital Fund account.
(Sec. 234) Prohibits the use by any PHA of funds made available by this Act for purposes authorized under sections 8 (only with respect to the tenant-based rental assistance program) and 9 (loans for low-rent-housing and slum-clearance projects) of the United States Housing Act of 1937 for any amount of salary, for the chief executive officer or any other official or employee, that exceeds the annual rate of basic pay payable for a position at level IV of the Executive Schedule at any time during any PHA FY2012.
(Sec. 235) Amends the Consolidated Appropriations Act, 2005 and the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 to repeal the required transfer to the Flexible Subsidy Fund of all uncommitted balances of certain excess rental charges in the Rental Housing Assistance Fund and any collections made during FY2005, FY2006, or subsequent fiscal years.
(Sec. 236) Rescinds specified unobligated balances remaining from funds appropriated for tenant-based rental assistance under the Full-Year Continuing Appropriations Act, 2011.
(Sec. 237) Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 to extend the Mark-to-Market program through October 1, 2015.
(Sec. 238) Extends through December 31, 2013, specified loan limits for the Federal Housing Administration (FHA).
(Sec. 239) Requires up to $300 million of funds made available for the Community Development Fund to remain available until expended for activities authorized under title I of the Housing and Community Development Act of 1974 related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a declared major disaster.
Makes an additional $100 million of such funds available for the same purposes and terms and requires Congress to designate it for disaster relief.
Title III: Related Agencies
- Makes appropriations for FY2012 to: (1) the Access Board, (2) the Federal Maritime Commission, (3) the Office of Inspector General for the National Railroad Passenger Corporation (Amtrak), (4) the National Transportation Safety Board (NTSB), (5) the Neighborhood Reinvestment Corporation, and (6) the U.S. Interagency Council on Homelessness.
Title IV: General Provisions (This Act)
- Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 401) Requires any sums necessary for FY2012 pay raises for programs funded in this Act to be absorbed within the levels appropriated in this or previous appropriations Acts.
(Sec. 402) Prohibits the use of funds for the planning or execution of any program to pay the expenses of, or otherwise compensate, nonfederal parties intervening in regulatory or adjudicatory proceedings funded in this Act.
(Sec. 407) Requires all federal agencies and departments funded by this Act to report by July 30, 2012, to the congressional appropriations committees on all sole source contracts.
(Sec. 409) Prohibits the use of funds to support any federal, state, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use.
(Sec. 411) Prohibits payment of the salary from any appropriation under this Act for any person filling a position (other than temporary) formerly held by an employee who has: (1) left to enter the U.S. Armed Forces; (2) satisfactorily completed his or her period of active military or naval service; (3) within 90 days after release from such service, or from hospitalization continuing after discharge for up to one year, applied for restoration to his former position; and (4) been certified by the Office of Personnel Management (OPM) as still qualified to perform the duties of his or her former position, but not been restored to it.
(Sec. 412) Prohibits the expenditure of funds appropriated under this Act by an entity unless the entity agrees to comply with the Buy American Act.
(Sec. 413) Prohibits the availability of funds to any person or entity that has been convicted of violating the Buy American Act.
(Sec. 414) Prohibits the use of funds under this Act for first-class airline accommodations in contravention of specified federal regulations.
(Sec. 415) Prohibits the provision of any funds made available under this or prior Acts to the Association of Community Organizations for Reform Now (ACORN) or its affiliates, subsidiaries, or allied organizations.
(Sec. 416) Requires all agencies and departments funded by this Act to report to Congress at the end of the fiscal year a complete inventory of the total number of vehicles owned, permanently retired, and purchased during FY2012 as well as the total cost of the vehicle fleet, including maintenance, fuel, storage, purchasing, and leasing.
Division D: Further Continuing Appropriations, 2012
- (Sec. 101) Amends the Continuing Appropriations Act, 2012 (P.L. 112-36) to extend through December 16, 2011, specified continuing appropriations for FY2012.
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Bill titles: 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.; An act making consolidated appropriations for the Departments of Agriculture, Commerce, Justice, Transportation, and Housing and Urban Development, and related programs for the fiscal year ending September 30, 2012, and for other purposes.; Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012; Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012; Department of Commerce Appropriations Act, 2012; Department of Housing and Urban Development Appropriations Act, 2012; Department of Justice Appropriations Act, 2012; Department of Transportation Appropriations Act, 2012; Science Appropriations Act, 2012; Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012; Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012; Department of Commerce Appropriations Act, 2012; Department of Housing and Urban Development Appropriations Act, 2012; Department of Justice Appropriations Act, 2012; Department of Transportation Appropriations Act, 2012; Science Appropriations Act, 2012
Links for more info on the vote: congress.gov