```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1596 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 177
112th CONGRESS
  1st Session
                                S. 1596

                          [Report No. 112-83]

   Making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
           ending September 30, 2012, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2011

    Mrs. Murray, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL

 
   Making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
           ending September 30, 2012, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2012, and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

    For necessary expenses of the Office of the Secretary, 
$102,202,000, of which not to exceed $2,618,000 shall be available for 
the immediate Office of the Secretary; not to exceed $981,000 shall be 
available for the Immediate Office of the Deputy Secretary; not to 
exceed $19,515,000 shall be available for the Office of the General 
Counsel; not to exceed $11,004,000 shall be available for the Office of 
the Under Secretary of Transportation for Policy; not to exceed 
$10,538,000 shall be available for the Office of the Assistant 
Secretary for Budget and Programs; not to exceed $2,544,000 shall be 
available for the Office of the Assistant Secretary for Governmental 
Affairs; not to exceed $25,469,000 shall be available for the Office of 
the Assistant Secretary for Administration; not to exceed $2,046,000 
shall be available for the Office of Public Affairs; not to exceed 
$1,649,000 shall be available for the Office of the Executive 
Secretariat; not to exceed $1,492,000 shall be available for the Office 
of Small and Disadvantaged Business Utilization; not to exceed 
$10,578,000 for the Office of Intelligence, Security, and Emergency 
Response; and not to exceed $13,768,000 shall be available for the 
Office of the Chief Information Officer:  Provided, That the Secretary 
of Transportation is authorized to transfer funds appropriated for any 
office of the Office of the Secretary to any other office of the Office 
of the Secretary:  Provided further, That no appropriation for any 
office shall be increased or decreased by more than 5 percent by all 
such transfers:  Provided further, That notice of any change in funding 
greater than 5 percent shall be submitted for approval to the House and 
Senate Committees on Appropriations:  Provided further, That not to 
exceed $60,000 shall be for allocation within the Department for 
official reception and representation expenses as the Secretary may 
determine:  Provided further, That notwithstanding any other provision 
of law, excluding fees authorized in Public Law 107-71, there may be 
credited to this appropriation up to $2,500,000 in funds received in 
user fees:  Provided further, That none of the funds provided in this 
Act shall be available for the position of Assistant Secretary for 
Public Affairs.

                  national infrastructure investments

    For capital investments in surface transportation infrastructure, 
$550,000,000, to remain available through September 30, 2013:  
Provided, That the Secretary of Transportation shall distribute funds 
provided under this heading as discretionary grants to be awarded to a 
State, local government, transit agency, or a collaboration among such 
entities on a competitive basis for projects that will have a 
significant impact on the Nation, a metropolitan area, or a region:  
Provided further, That projects eligible for funding provided under 
this heading shall include, but not be limited to, highway or bridge 
projects eligible under title 23, United States Code; public 
transportation projects eligible under chapter 53 of title 49, United 
States Code; passenger and freight rail transportation projects; and 
port infrastructure investments:  Provided further, That the Secretary 
may use up to 35 percent of the funds made available under this heading 
for the purpose of paying the subsidy and administrative costs of 
projects eligible for Federal credit assistance under chapter 6 of 
title 23, United States Code, if the Secretary finds that such use of 
the funds would advance the purposes of this paragraph:  Provided 
further, That in distributing funds provided under this heading, the 
Secretary shall take such measures so as to ensure an equitable 
geographic distribution of funds, an appropriate balance in addressing 
the needs of urban and rural areas, and the investment in a variety of 
transportation modes:  Provided further, That a grant funded under this 
heading shall be not less than $10,000,000 and not greater than 
$200,000,000:  Provided further, That not more than 25 percent of the 
funds made available under this heading may be awarded to projects in a 
single State:  Provided further, That the Federal share of the costs 
for which an expenditure is made under this heading shall be, at the 
option of the recipient, up to 80 percent:  Provided further, That the 
Secretary shall give priority to projects that require a contribution 
of Federal funds in order to complete an overall financing package:  
Provided further, That not less than $120,000,000 of the funds provided 
under this heading shall be for projects located in rural areas:  
Provided further, That for projects located in rural areas, the minimum 
grant size shall be $1,000,000 and the Secretary may increase the 
Federal share of costs above 80 percent:  Provided further, That 
projects conducted using funds provided under this heading must comply 
with the requirements of subchapter IV of chapter 31 of title 40, 
United States Code:  Provided further, That the Secretary shall conduct 
a new competition to select the grants and credit assistance awarded 
under this heading:  Provided further, That the Secretary may retain up 
to $25,000,000 of the funds provided under this heading, and may 
transfer portions of those funds to the Administrators of the Federal 
Highway Administration, the Federal Transit Administration, the Federal 
Railroad Administration and the Federal Maritime Administration, to 
fund the award and oversight of grants and credit assistance made under 
this heading.

                      financial management capital

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

                       cyber security initiatives

    For necessary expenses for cyber security initiatives, including 
improvement of network perimeter controls and identity management, 
testing and assessment of information technology against business, 
security, and other requirements, implementation of Federal cyber 
security initiatives and information infrastructure enhancements, 
implementation of enhanced security controls on network devices, and 
enhancement of cyber security workforce training tools, $10,000,000, to 
remain available through September 30, 2013.

                         office of civil rights

    For necessary expenses of the Office of Civil Rights, $9,648,000.

           transportation planning, research, and development

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

                          working capital fund

    For necessary expenses for operating costs and capital outlays of 
the Working Capital Fund, not to exceed $147,596,000 shall be paid from 
appropriations made available to the Department of Transportation:  
Provided, That such services shall be provided on a competitive basis 
to entities within the Department of Transportation:  Provided further, 
That the above limitation on operating expenses shall not apply to non-
DOT entities:  Provided further, That no funds appropriated in this Act 
to an agency of the Department shall be transferred to the Working 
Capital Fund without the approval of the agency modal administrator:  
Provided further, That no assessments may be levied against any 
program, budget activity, subactivity or project funded by this Act 
unless notice of such assessments and the basis therefor are presented 
to the House and Senate Committees on Appropriations and are approved 
by such Committees.

               minority business resource center program

    For the cost of guaranteed loans, $351,000, as authorized by 49 
U.S.C. 332:  Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974:  Provided further, That these funds are available 
to subsidize total loan principal, any part of which is to be 
guaranteed, not to exceed $18,367,000. In addition, for administrative 
expenses to carry out the guaranteed loan program, $570,000.

                       minority business outreach

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

                        payments to air carriers

                    (airport and airway trust fund)

                     (including transfer of funds)

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

  administrative provisions--office of the secretary of transportation

    Sec. 101.  None of the funds made available in this Act to the 
Department of Transportation may be obligated for the Office of the 
Secretary of Transportation to approve assessments or reimbursable 
agreements pertaining to funds appropriated to the modal 
administrations in this Act, except for activities underway on the date 
of enactment of this Act, unless such assessments or agreements have 
completed the normal reprogramming process for Congressional 
notification.
    Sec. 102.  None of the funds made available under this Act may be 
obligated or expended to establish or implement a program under which 
essential air service communities are required to assume subsidy costs 
commonly referred to as the EAS local participation program.
    Sec. 103.  The Secretary or his designee may engage in activities 
with States and State legislators to consider proposals related to the 
reduction of motorcycle fatalities.

                              (rescission)

    Sec. 104.  Of the amounts made available by section 185 of Public 
Law 109-115, all unobligated balances as of the date of enactment of 
this Act are hereby rescinded.
    Sec. 105.  Notwithstanding section 3324 of title 31, United States 
Code, in addition to authority provided by section 327 of title 49, 
United States Code, the Department's Working Capital Fund is hereby 
authorized to provide payments in advance to vendors that are necessary 
to carry out the Federal transit pass transportation fringe benefit 
program under Executive Order 13150 and section 3049 of Public Law 109-
59:  Provided, That the Department shall include adequate safeguards in 
the contract with the vendors to ensure timely and high-quality 
performance under the contract.
    Sec. 106.  The Secretary shall post on the Web site of the 
Department of Transportation a schedule of all meetings of the Credit 
Council, including the agenda for each meeting, and require the Credit 
Council to record the minutes of each meeting.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

                     (including transfer of funds)

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to the 
public, lease or purchase of passenger motor vehicles for replacement 
only, in addition to amounts made available by Public Law 108-176, 
$9,635,710,000, of which $5,000,000,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $7,560,815,000 
shall be available for air traffic organization activities; not to 
exceed $1,253,381,000 shall be available for aviation safety 
activities; not to exceed $15,005,000 shall be available for commercial 
space transportation activities; not to exceed $112,459,000 shall be 
available for financial services activities; not to exceed $98,858,000 
shall be available for human resources program activities; not to 
exceed $337,944,000 shall be available for region and center operations 
and regional coordination activities; not to exceed $207,065,000 shall 
be available for staff offices; and not to exceed $50,183,000 shall be 
available for information services:  Provided, That not to exceed 2 
percent of any budget activity, except for aviation safety budget 
activity, may be transferred to any budget activity under this heading: 
 Provided further, That no transfer may increase or decrease any 
appropriation by more than 2 percent:  Provided further, That any 
transfer in excess of 2 percent shall be treated as a reprogramming of 
funds under section 405 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section:  Provided further, That not later than May 31, 
2012, the Administrator shall submit to the House and Senate Committees 
on Appropriations a comprehensive report that describes all of the 
findings and conclusions reached during the Federal Aviation 
Administration's efforts to develop an objective, data-driven method 
for placing air traffic controllers after the successful completion of 
their training at the Federal Aviation Administration Academy, lists 
all available options for establishing such method, and discusses the 
benefits and challenges of each option:  Provided further, That not 
later than March 31 of each fiscal year hereafter, the Administrator of 
the Federal Aviation Administration shall transmit to Congress an 
annual update to the report submitted to Congress in December 2004 
pursuant to section 221 of Public Law 108-176:  Provided further, That 
the amount herein appropriated shall be reduced by $100,000 for each 
day after March 31 that such report has not been submitted to the 
Congress:  Provided further, That not later than March 31 of each 
fiscal year hereafter, the Administrator shall transmit to Congress a 
companion report that describes a comprehensive strategy for staffing, 
hiring, and training flight standards and aircraft certification staff 
in a format similar to the one utilized for the controller staffing 
plan, including stated attrition estimates and numerical hiring goals 
by fiscal year, and a benchmark for assessing the amount of time 
aviation inspectors spend directly observing industry field operations: 
 Provided further, That the amount herein appropriated shall be reduced 
by $100,000 per day for each day after March 31 that such report has 
not been submitted to Congress:  Provided further, That funds may be 
used to enter into a grant agreement with a nonprofit standard-setting 
organization to assist in the development of aviation safety standards: 
 Provided further, That none of the funds in this Act shall be 
available for new applicants for the second career training program:  
Provided further, That none of the funds in this Act shall be available 
for the Federal Aviation Administration to finalize or implement any 
regulation that would promulgate new aviation user fees not 
specifically authorized by law after the date of the enactment of this 
Act:  Provided further, That there may be credited to this 
appropriation as offsetting collections funds received from States, 
counties, municipalities, foreign authorities, other public 
authorities, and private sources for expenses incurred in the provision 
of agency services, including receipts for the maintenance and 
operation of air navigation facilities, and for issuance, renewal or 
modification of certificates, including airman, aircraft, and repair 
station certificates, or for tests related thereto, or for processing 
major repair or alteration forms:  Provided further, That of the funds 
appropriated under this heading, not less than $9,500,000 shall be for 
the contract tower cost-sharing program:  Provided further, That none 
of the funds in this Act for aeronautical charting and cartography are 
available for activities conducted by, or coordinated through, the 
Working Capital Fund.

                        facilities and equipment

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, improvement by 
contract or purchase, and hire of national airspace systems and 
experimental facilities and equipment, as authorized under part A of 
subtitle VII of title 49, United States Code, including initial 
acquisition of necessary sites by lease or grant; engineering and 
service testing, including construction of test facilities and 
acquisition of necessary sites by lease or grant; construction and 
furnishing of quarters and related accommodations for officers and 
employees of the Federal Aviation Administration stationed at remote 
localities where such accommodations are not available; and the 
purchase, lease, or transfer of aircraft from funds available under 
this heading, including aircraft for aviation regulation and 
certification; to be derived from the Airport and Airway Trust Fund, 
$2,630,731,000, of which $474,000,000 shall remain available until 
September 30, 2012, and of which $2,156,731,000 shall remain available 
until September 30, 2014:  Provided, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
other public authorities, and private sources, for expenses incurred in 
the establishment, improvement, and modernization of national airspace 
systems:  Provided further, That upon initial submission to the 
Congress of the fiscal year 2013 President's budget, the Secretary of 
Transportation shall transmit to the Congress a comprehensive capital 
investment plan for the Federal Aviation Administration which includes 
funding for each budget line item for fiscal years 2013 through 2017, 
with total funding for each year of the plan constrained to the funding 
targets for those years as estimated and approved by the Office of 
Management and Budget.

                 research, engineering, and development

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of subtitle 
VII of title 49, United States Code, including construction of 
experimental facilities and acquisition of necessary sites by lease or 
grant, $157,000,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until September 30, 2014:  Provided, That 
there may be credited to this appropriation as offsetting collections, 
funds received from States, counties, municipalities, other public 
authorities, and private sources, which shall be available for expenses 
incurred for research, engineering, and development.

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

                     (including transfer of funds)

    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and systems at 
airports of such title; for grants authorized under section 41743 of 
title 49, United States Code; and for inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under section 44706 of title 49, United 
States Code, $4,691,000,000 to be derived from the Airport and Airway 
Trust Fund and to remain available until expended:  Provided, That none 
of the funds under this heading shall be available for the planning or 
execution of programs the obligations for which are in excess of 
$3,515,000,000 in fiscal year 2012, notwithstanding section 47117(g) of 
title 49, United States Code:  Provided further, That none of the funds 
under this heading shall be available for the replacement of baggage 
conveyor systems, reconfiguration of terminal baggage areas, or other 
airport improvements that are necessary to install bulk explosive 
detection systems:  Provided further, That notwithstanding any other 
provision of law, of funds limited under this heading, not more than 
$101,000,000 shall be obligated for administration, not less than 
$15,000,000 shall be available for the airport cooperative research 
program, not less than $29,250,000 shall be for Airport Technology 
Research and $6,000,000, to remain available until expended, shall be 
available and transferred to ``Office of the Secretary, Salaries and 
Expenses'' to carry out the Small Community Air Service Development 
Program.

       administrative provisions--federal aviation administration

    Sec. 110.  None of the funds in this Act may be used to compensate 
in excess of 600 technical staff-years under the federally funded 
research and development center contract between the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 2012.
    Sec. 111.  None of the funds in this Act shall be used to pursue or 
adopt guidelines or regulations requiring airport sponsors to provide 
to the Federal Aviation Administration without cost building 
construction, maintenance, utilities and expenses, or space in airport 
sponsor-owned buildings for services relating to air traffic control, 
air navigation, or weather reporting:  Provided, That the prohibition 
of funds in this section does not apply to negotiations between the 
agency and airport sponsors to achieve agreement on ``below-market'' 
rates for these items or to grant assurances that require airport 
sponsors to provide land without cost to the FAA for air traffic 
control facilities.
    Sec. 112.  The Administrator of the Federal Aviation Administration 
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) 
from fees credited under 49 U.S.C. 45303:  Provided, That during fiscal 
year 2012, 49 U.S.C. 41742(b) shall not apply, and any amount remaining 
in such account at the close of that fiscal year may be made available 
to satisfy section 41742(a)(1) for the subsequent fiscal year.
    Sec. 113.  Amounts collected under section 40113(e) of title 49, 
United States Code, shall be credited to the appropriation current at 
the time of collection, to be merged with and available for the same 
purposes of such appropriation.
    Sec. 114.  None of the funds limited by this Act for grants under 
the Airport Improvement Program shall be made available to the sponsor 
of a commercial service airport if such sponsor fails to agree to a 
request from the Secretary of Transportation for cost-free space in a 
nonrevenue producing, public use area of the airport terminal or other 
airport facilities for the purpose of carrying out a public service air 
passenger rights and consumer outreach campaign.
    Sec. 115.  None of the funds in this Act shall be available for 
paying premium pay under subsection 5546(a) of title 5, United States 
Code, to any Federal Aviation Administration employee unless such 
employee actually performed work during the time corresponding to such 
premium pay.
    Sec. 116.  None of the funds in this Act may be obligated or 
expended for an employee of the Federal Aviation Administration to 
purchase a store gift card or gift certificate through use of a 
Government-issued credit card.
    Sec. 117.  The Secretary shall apportion to the sponsor of an 
airport that received scheduled or unscheduled air service from a large 
certified air carrier (as defined in part 241 of title 14 Code of 
Federal Regulations, or such other regulations as may be issued by the 
Secretary under the authority of section 41709) an amount equal to the 
minimum apportionment specified in 49 U.S.C. 47114(c), if the Secretary 
determines that airport had more than 10,000 passenger boardings in the 
preceding calendar year, based on data submitted to the Secretary under 
part 241 of title 14, Code of Federal Regulations.
    Sec. 118.  None of the funds in this Act may be obligated or 
expended for retention bonuses for an employee of the Federal Aviation 
Administration without the prior written approval of the Deputy 
Assistant Secretary for Administration of the Department of 
Transportation.
    Sec. 119.  Subparagraph (D) of section 47124(b)(3) of title 49, 
United States Code, is amended by striking ``benefit.'' and inserting 
``benefit, with the maximum allowable local cost share capped at 20 
percent.''.
    Sec. 119A.  Notwithstanding any other provision of law, none of the 
funds made available under this Act or any prior Act may be used to 
implement or to continue to implement any limitation on the ability of 
any owner or operator of a private aircraft to obtain, upon a request 
to the Administrator of the Federal Aviation Administration, a blocking 
of that owner's or operator's aircraft registration number from any 
display of the Federal Aviation Administration's Aircraft Situational 
Display to Industry data that is made available to the public, except 
data made available to a Government agency, for the noncommercial 
flights of that owner or operator.
    Sec. 119B. (a) Compensation for Federal Employees.--Any Federal 
employees furloughed as a result of the lapse in expenditure authority 
from the Airport and Airway Trust Fund after 11:59 p.m. on July 22, 
2011, through August 5, 2011, may be compensated for the period of that 
lapse at their standard rates of compensation, as determined under 
policies established by the Secretary of Transportation.
    (b) Ratification of Essential Actions.--All actions taken by 
Federal employees, contractors, and grantees for the purposes of 
maintaining the essential level of Government operations, services, and 
activities to protect life and property and to bring about orderly 
termination of Government functions during the lapse in expenditure 
authority from the Airport and Airway Trust Fund after 11:59 p.m. on 
July 22, 2011, through August 5, 2011, are hereby ratified and 
approved, if otherwise in accord with the provisions of the Airport and 
Airway Extension Act of 2011, part IV (Public Law 112-27).
    (c) Trust Fund Code.--Paragraph (1) of section 9502(d) of the 
Internal Revenue Code of 1986 (26 U.S.C. 9502(d)(1)) is amended by 
inserting ``or the Department of Transportation Appropriations Act, 
2012'' before the semicolon at the end of subparagraph (A).

                     Federal Highway Administration

                          federal-aid highways

                 limitation on administrative expenses

                          (highway trust fund)

                     (including transfer of funds)

    Not to exceed $415,533,000, together with advances and 
reimbursements received by the Federal Highway Administration, shall be 
paid in accordance with law from appropriations made available by this 
Act to the Federal Highway Administration for necessary expenses for 
administration and operation. In addition, not to exceed $3,220,000 
shall be paid from appropriations made available by this Act and 
transferred to the Appalachian Regional Commission in accordance with 
section 104 of title 23, United States Code.

                       limitation on obligations

                          (highway trust fund)

    None of the funds in this Act shall be available for the 
implementation or execution of programs, the obligations for which are 
in excess of $41,107,000,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 2012:  Provided, That 
within the $41,107,000,000 obligation limitation on Federal-aid 
highways and highway safety construction programs, not more than 
$429,800,000 shall be available for the implementation or execution of 
programs for transportation research (chapter 5 of title 23, United 
States Code; sections 111, 5505, and 5506 of title 49, United States 
Code; and title 5 of Public Law 109-59) for fiscal year 2012:  Provided 
further, That this limitation on transportation research programs shall 
not apply to any authority previously made available for obligation:  
Provided further, That the Secretary may, as authorized by section 
605(b) of title 23, United States Code, collect and spend fees to cover 
the costs of services of expert firms, including counsel, in the field 
of municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments and all or a portion of the 
costs to the Federal Government of servicing such credit instruments:  
Provided further, That such fees are available until expended to pay 
for such costs:  Provided further, That such amounts are in addition to 
administrative expenses that are also available for such purpose, and 
are not subject to any obligation limitation or the limitation on 
administrative expenses under section 608 of title 23, United States 
Code.

                 liquidation of contract authorization

                          (highway trust fund)

    For carrying out the provisions of title 23, United States Code, 
that are attributable to Federal-aid highways, not otherwise provided, 
including reimbursement for sums expended pursuant to the provisions of 
23 U.S.C. 308, $41,846,000,000 or so much thereof as may be available 
in and derived from the Highway Trust Fund (other than the Mass Transit 
Account), to remain available until expended.

                            emergency relief

    For an additional amount for the Emergency Relief Program as 
authorized under section 125 of title 23, United States Code, 
$1,900,000,000, to remain available until expended, for expenses 
resulting from a major disaster designated pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122(2)):  Provided, That notwithstanding section 125(d)(1) of title 
23, United States Code, for an event resulting from a disaster eligible 
under section 125 of title 23, United States Code, in a State occurring 
in fiscal years 2011 or 2012, the Secretary of Transportation may 
obligate under the Emergency Relief Program more than $100,000,000 for 
eligible expenses:  Provided further, That notwithstanding section 120 
of title 23, United States Code, for expenses resulting from a disaster 
eligible under section 125 of title 23, United States Code, occurring 
in fiscal years 2011 or 2012, the Secretary shall extend the time 
period in 120(e) in consideration of any delay in the State's ability 
to access damaged facilities to evaluate damage and estimate the cost 
of repair:  Provided further, That notwithstanding sections 120(a) and 
120(b) of title 23, United States Code, the Federal share for permanent 
repairs resulting from a disaster eligible under section 125 of title 
23, United States Code, occurring in fiscal years 2011 or 2012 may be 
up to 100 percent at the Secretary's discretion if the eligible 
expenses incurred by a State due to such a disaster exceeds twice the 
State's annual apportionment under the Federal-aid Highway program for 
the year in which the disaster occurred:  Provided further, That the 
amount provided under this heading is designated by Congress as being 
for disaster relief pursuant to section 251(b)(2)(D) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), 
as amended.

                               rescission

    Of unobligated balances of funds made available for obligation from 
the general fund of the Treasury for programs administered by the 
Federal Highway Administration in Public Laws 91-605, 93-87, 93-643, 
94-280, 96-131, 97-424, 98-8, 98-473, 99-190, 100-17, 100-202, 100-457, 
101-164, 101-516, 102-143, 102-240, 103-122, 103-331, 106-346, 107-87, 
108-7 and 108-199, excluding any unobligated balance of funds provided 
for the Appalachian Development Highway System, $73,000,000 are 
permanently rescinded.

       administrative provisions--federal highway administration

    Sec. 120. (a) For fiscal year 2012, the Secretary of Transportation 
shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid highways amounts authorized for administrative 
        expenses and programs by section 104(a) of title 23, United 
        States Code; programs funded from the administrative takedown 
        authorized by section 104(a)(1) of title 23, United States Code 
        (as in effect on the date before the date of enactment of the 
        Safe, Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users); the highway use tax evasion program; 
        and the Bureau of Transportation Statistics;
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid highways that is equal to the unobligated 
        balance of amounts made available from the Highway Trust Fund 
        (other than the Mass Transit Account) for Federal-aid highways 
        and highway safety programs for previous fiscal years the funds 
        for which are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-aid 
                highways, less the aggregate of amounts not distributed 
                under paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and highway 
                safety construction programs (other than sums 
                authorized to be appropriated for provisions of law 
                described in paragraphs (1) through (9) of subsection 
                (b) and sums authorized to be appropriated for section 
                105 of title 23, United States Code, equal to the 
                amount referred to in subsection (b)(10) for such 
                fiscal year), less the aggregate of the amounts not 
                distributed under paragraphs (1) and (2) of this 
                subsection;
            (4)(A) distribute the obligation limitation for Federal-aid 
        highways, less the aggregate amounts not distributed under 
        paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 
        the Safe, Accountable, Flexible, Efficient Transportation 
        Equity Act: A Legacy for Users; sections 117 and section 144(g) 
        of title 23, United States Code; and section 14501 of title 40, 
        United States Code, so that the amount of obligation authority 
        available for each of such sections is equal to the amount 
        determined by multiplying the ratio determined under paragraph 
        (3) by the sums authorized to be appropriated for that section 
        for the fiscal year; and
            (B) distribute $2,000,000,000 for section 105 of title 23, 
        United States Code;
            (5) distribute the obligation limitation provided for 
        Federal-aid highways, less the aggregate amounts not 
        distributed under paragraphs (1) and (2) and amounts 
        distributed under paragraph (4), for each of the programs that 
        are allocated by the Secretary under the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users and title 23, United States Code (other than to programs 
        to which paragraphs (1) and (4) apply), by multiplying the 
        ratio determined under paragraph (3) by the amounts authorized 
        to be appropriated for each such program for such fiscal year; 
        and
            (6) distribute the obligation limitation provided for 
        Federal-aid highways, less the aggregate amounts not 
        distributed under paragraphs (1) and (2) and amounts 
        distributed under paragraphs (4) and (5), for Federal-aid 
        highways and highway safety construction programs (other than 
        the amounts apportioned for the equity bonus program, but only 
        to the extent that the amounts apportioned for the equity bonus 
        program for the fiscal year are greater than $2,639,000,000, 
        and the Appalachian development highway system program) that 
        are apportioned by the Secretary under the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users and title 23, United States Code, in the ratio that--
                    (A) amounts authorized to be appropriated for such 
                programs that are apportioned to each State for such 
                fiscal year, bear to
                    (B) the total of the amounts authorized to be 
                appropriated for such programs that are apportioned to 
                all States for such fiscal year.
    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to obligations:
            (1) under section 125 of title 23, United States Code;
            (2) under section 147 of the Surface Transportation 
        Assistance Act of 1978;
            (3) under section 9 of the Federal-Aid Highway Act of 1981;
            (4) under subsections (b) and (j) of section 131 of the 
        Surface Transportation Assistance Act of 1982;
            (5) under subsections (b) and (c) of section 149 of the 
        Surface Transportation and Uniform Relocation Assistance Act of 
        1987;
            (6) under sections 1103 through 1108 of the Intermodal 
        Surface Transportation Efficiency Act of 1991;
            (7) under section 157 of title 23, United States Code, as 
        in effect on the day before the date of the enactment of the 
        Transportation Equity Act for the 21st Century;
            (8) under section 105 of title 23, United States Code, as 
        in effect for fiscal years 1998 through 2004, but only in an 
        amount equal to $639,000,000 for each of those fiscal years;
            (9) for Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity 
        Act for the 21st Century or subsequent public laws for multiple 
        years or to remain available until used, but only to the extent 
        that the obligation authority has not lapsed or been used;
            (10) under section 105 of title 23, United States Code, but 
        only in an amount equal to $639,000,000 for each of fiscal 
        years 2005 through 2010; and
            (11) under section 1603 of the Safe, Accountable, Flexible, 
        Efficient Transportation Equity Act: A Legacy for Users, to the 
        extent that funds obligated in accordance with that section 
        were not subject to a limitation on obligations at the time at 
        which the funds were initially made available for obligation.
    (c) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (a), the Secretary shall, after August 1 of such fiscal 
year, revise a distribution of the obligation limitation made available 
under subsection (a) if the amount distributed cannot be obligated 
during that fiscal year, and redistribute sufficient amounts to those 
States able to obligate amounts in addition to those previously 
distributed during that fiscal year, giving priority to those States 
having large unobligated balances of funds apportioned under sections 
104 and 144 of title 23, United States Code.
    (d) Applicability of Obligation Limitations to Transportation 
Research Programs.--The obligation limitation shall apply to 
transportation research programs carried out under chapter 5 of title 
23, United States Code, and title V (research title) of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, except that obligation authority made available for such 
programs under such limitation shall remain available for a period of 3 
fiscal years and shall be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and highway safety 
construction programs for future fiscal years.
    (e) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not later than 30 days after the date of 
        the distribution of obligation limitation under subsection (a), 
        the Secretary shall distribute to the States any funds that--
                    (A) are authorized to be appropriated for such 
                fiscal year for Federal-aid highways programs; and
                    (B) the Secretary determines will not be allocated 
                to the States, and will not be available for 
                obligation, in such fiscal year due to the imposition 
                of any obligation limitation for such fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same ratio as the distribution of obligation authority 
        under subsection (a)(6).
            (3) Availability.--Funds distributed under paragraph (1) 
        shall be available for any purposes described in section 133(b) 
        of title 23, United States Code.
    (f) Special Limitation Characteristics.--Obligation limitation 
distributed for a fiscal year under subsection (a)(4) for the provision 
specified in subsection (a)(4) shall--
            (1) remain available until used for obligation of funds for 
        that provision; and
            (2) be in addition to the amount of any limitation imposed 
        on obligations for Federal-aid highway and highway safety 
        construction programs for future fiscal years.
    (g) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to limit the distribution of obligation authority 
under subsection (a)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users.
    Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited 
to the Federal-aid Highways account for the purpose of reimbursing the 
Bureau for such expenses:  Provided, That such funds shall be subject 
to the obligation limitation for Federal-aid Highways and highway 
safety construction programs.
    Sec. 122.  Not less than 15 days prior to waiving, under his 
statutory authority, any Buy America requirement for Federal-aid 
highway projects, the Secretary of Transportation shall make an 
informal public notice and comment opportunity on the intent to issue 
such waiver and the reasons therefor:  Provided, That the Secretary 
shall provide an annual report to the House and Senate Committees on 
Appropriations on any waivers granted under the Buy America 
requirements.
    Sec. 123. (a) In General.--Except as provided in subsection (b), 
none of the funds made available, limited, or otherwise affected by 
this Act shall be used to approve or otherwise authorize the imposition 
of any toll on any segment of highway located on the Federal-aid system 
in the State of Texas that--
            (1) as of the date of enactment of this Act, is not tolled;
            (2) is constructed with Federal assistance provided under 
        title 23, United States Code; and
            (3) is in actual operation as of the date of enactment of 
        this Act.
    (b) Exceptions.--
            (1) Number of toll lanes.--Subsection (a) shall not apply 
        to any segment of highway on the Federal-aid system described 
        in that subsection that, as of the date on which a toll is 
        imposed on the segment, will have the same number of nontoll 
        lanes as were in existence prior to that date.
            (2) High-occupancy vehicle lanes.--A high-occupancy vehicle 
        lane that is converted to a toll lane shall not be subject to 
        this section, and shall not be considered to be a nontoll lane 
        for purposes of determining whether a highway will have fewer 
        nontoll lanes than prior to the date of imposition of the toll, 
        if--
                    (A) high-occupancy vehicles occupied by the number 
                of passengers specified by the entity operating the 
                toll lane may use the toll lane without paying a toll, 
                unless otherwise specified by the appropriate county, 
                town, municipal or other local government entity, or 
                public toll road or transit authority; or
                    (B) each high-occupancy vehicle lane that was 
                converted to a toll lane was constructed as a temporary 
                lane to be replaced by a toll lane under a plan 
                approved by the appropriate county, town, municipal or 
                other local government entity, or public toll road or 
                transit authority.
    Sec. 124.  Of the funds made available in fiscal year 2012 for the 
Surface Transportation Research, Development, and Deployment Program, 
the Secretary of Transportation shall transfer $5,000,000 to the Bureau 
of Transportation Statistics to carry out section 111 of title 49, 
United States Code:  Provided, That an equivalent amount of fiscal year 
2012 obligation limitation associated with the funds to be transferred 
shall also be transferred.
    Sec. 125.  Section 109 of title 23, United States Code, is amended 
by adding at the end--
    ``(r) Guardrails.--The Secretary shall not approve any project that 
includes beam rail elements and terminal sections that are not 
galvanized in accordance with AASHTO M-180, Class A, Type II, except 
that the rail shall be galvanized after fabrication to include forming, 
cutting, shearing, punching, drilling, bending, welding, and 
riveting.''.
    Sec. 126.  Section 127(a)(11) of title 23, United States Code, is 
amended to read as follows:
            ``(11)(A) With respect to all portions of the Interstate 
        Highway System in the State of Maine, laws (including 
        regulations) of that State concerning vehicle weight 
        limitations applicable to other State highways shall be 
        applicable in lieu of the requirements under this subsection.
            ``(B) With respect to all portions of the Interstate 
        Highway System in the State of Vermont, laws (including 
        regulations) of that State concerning vehicle weight 
        limitations applicable to other State highways shall be 
        applicable in lieu of the requirements under this 
        subsection.''.
    Sec. 127.  Section 112 of the Surface and Air Transportation 
Programs Extension Act of 2011 is amended by striking ``$196,427,625'' 
and inserting ``an amount equal to one-half the sum authorized for such 
purpose for fiscal year 2011 by section 412(a)(2) of the Surface 
Transportation Extension Act of 2010''.
    Sec. 128.  Any road, highway, or bridge that is in operation for 
less than 30 years or under construction, damaged by an emergency 
declared by the Governor of the State and concurred in by the 
Secretary, or declared by the President pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121), 
may be reconstructed in the same location with the same capacity, 
dimensions, and design as before the emergency and shall be exempt from 
any environmental reviews, approvals, licensing, and permit 
requirements under--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) sections 402 and 404 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1342, 1344);
            (3) the National Historic Preservation Act (16 U.S.C. 470 
        et seq.);
            (4) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
            (5) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
        seq.);
            (6) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
        et seq.);
            (7) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), except when the reconstruction occurs in designated 
        critical habitat for threatened and endangered species;
            (8) Executive Order 11990 (42 U.S.C. 4321 note; relating to 
        the protection of wetlands); and
            (9) any Federal law (including regulations) requiring no 
        net loss of wetlands.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in the implementation, 
execution and administration of motor carrier safety operations and 
programs pursuant to section 31104(i) of title 49, United States Code, 
and sections 4127 and 4134 of Public Law 109-59, $250,023,000, to be 
derived from the Highway Trust Fund (other than the Mass Transit 
Account), together with advances and reimbursements received by the 
Federal Motor Carrier Safety Administration, the sum of which shall 
remain available until expended:  Provided, That none of the funds 
derived from the Highway Trust Fund in this Act shall be available for 
the implementation, execution or administration of programs, the 
obligations for which are in excess of $250,023,000, for ``Motor 
Carrier Safety Operations and Programs'' of which $8,543,000, to remain 
available for obligation until September 30, 2014, is for the research 
and technology program and $1,000,000 shall be available for commercial 
motor vehicle operator's grants to carry out section 4134 of Public Law 
109-59:  Provided further, That notwithstanding any other provision of 
law, none of the funds under this heading for outreach and education 
shall be available for transfer:  Provided further, That the Federal 
Motor Carrier Safety Administration shall transmit to Congress a report 
on March 30, 2012, and September 30, 2012, on the agency's ability to 
meet its requirement to conduct compliance reviews on high-risk 
carriers.

                      motor carrier safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                         (including rescission)

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

 administrative provision--federal motor carrier safety administration

    Sec. 130.  Funds appropriated or limited in this Act shall be 
subject to the terms and conditions stipulated in section 350 of Public 
Law 107-87 and section 6901 of Public Law 110-28, including that the 
Secretary submit a report to the House and Senate Appropriations 
Committees annually on the safety and security of transportation into 
the United States by Mexico-domiciled motor carriers.
    Sec. 131.  Notwithstanding any other provision of law, States 
receiving funds for core or expanded deployment activities under the 
Commercial Vehicle Information Systems and Networks program pursuant to 
sections 4101(c)(4) and 4126 of Public Law 109-59 that did not meet 
award eligibility requirements set forth in section 4126; received 
grant amounts in excess of the maximum amounts specified in sections 
4126(c)(2) or 4126(d)(3); or were awarded grants either prior to or 
after the expiration of the period of performance specified in a grant 
agreement need not repay such funds.
    Sec. 132. (a) No recipient of funds made available in this Act 
shall disseminate personal information (as defined in 18 U.S.C. 
2725(3)) obtained by a State department of motor vehicles in connection 
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as 
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not 
withhold funds provided in this Act for any grantee if a State is in 
noncompliance with this provision.

             National Highway Traffic Safety Administration

                        operations and research

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

                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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

                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 
2009, 2010, and 2011 of Public Law 109-59, to remain available until 
expended, $550,328,000 to be derived from the Highway Trust Fund (other 
than the Mass Transit Account):  Provided, That none of the funds in 
this Act shall be available for the planning or execution of programs 
the total obligations for which, in fiscal year 2012, are in excess of 
$550,328,000 for programs authorized under 23 U.S.C. 402, 405, 406, 
408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 
Law 109-59, of which $235,000,000 shall be for ``Highway Safety 
Programs'' under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant 
Protection Incentive Grants'' under 23 U.S.C. 405; $48,500,000 shall be 
for ``Safety Belt Performance Grants'' under 23 U.S.C. 406, and such 
obligation limitation shall remain available until September 30, 2013 
in accordance with subsection (f) of such section 406 and shall be in 
addition to the amount of any limitation imposed on obligations for 
such grants for future fiscal years, of which up to $10,000,000 may be 
made available by the Secretary as grants to States that enact and 
enforce laws to prevent distracted driving; $34,500,000 shall be for 
``State Traffic Safety Information System Improvements'' under 23 
U.S.C. 408; $139,000,000 shall be for ``Alcohol-Impaired Driving 
Countermeasures Incentive Grant Program'' under 23 U.S.C. 410; 
$25,328,000 shall be for ``Administrative Expenses'' under section 
2001(a)(11) of Public Law 109-59; $29,000,000 shall be for ``High 
Visibility Enforcement Program'' under section 2009 of Public Law 109-
59; $7,000,000 shall be for ``Motorcyclist Safety'' under section 2010 
of Public Law 109-59; and $7,000,000 shall be for ``Child Safety and 
Child Booster Seat Safety Incentive Grants'' under section 2011 of 
Public Law 109-59:  Provided further, That of the funds made available 
for grants to States that enact and enforce laws to prevent distracted 
driving, up to $5,000,000 may be available for the development, 
production, and use of broadcast and print media advertising for 
distracted driving prevention:  Provided further, That none of these 
funds shall be used for construction, rehabilitation, or remodeling 
costs, or for office furnishings and fixtures for State, local or 
private buildings or structures:  Provided further, That not to exceed 
$500,000 of the funds made available for section 410 ``Alcohol-Impaired 
Driving Countermeasures Grants'' shall be available for technical 
assistance to the States:  Provided further, That not to exceed 
$750,000 of the funds made available for the ``High Visibility 
Enforcement Program'' shall be available for the evaluation required 
under section 2009(f) of Public Law 109-59:  Provided further, That of 
the amounts made available under this heading for ``Safety Belt 
Performance Grants'', $25,000,000 shall be available until expended for 
the modernization of the National Automotive Sampling System (NASS), 
and $5,000,000 shall be available for the development of the Driver 
Alcohol Detection System for Safety (DADSS), and $8,500,000 shall be 
available for ``State Traffic Safety Information System Improvements'' 
under 23 U.S.C. 408.

      administrative provisions--national highway traffic safety 
                             administration

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

                    Federal Railroad Administration

                         safety and operations

    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $176,596,000, of which $12,300,000 shall remain 
available until expended.

                   railroad research and development

    For necessary expenses for railroad research and development, 
$30,000,000, to remain available until expended.

       railroad rehabilitation and improvement financing program

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

operating subsidy grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation for the operation of 
intercity passenger rail, as authorized by section 101 of the Passenger 
Rail Investment and Improvement Act of 2008 (division B of Public Law 
110-432), $544,000,000, to remain available until expended:  Provided, 
That the amounts available under this paragraph shall be available for 
the Secretary to approve funding to cover operating losses for the 
Corporation only after receiving and reviewing a grant request for each 
specific train route:  Provided further, That each such grant request 
shall be accompanied by a detailed financial analysis, revenue 
projection, and capital expenditure projection justifying the Federal 
support to the Secretary's satisfaction:  Provided further, That not 
later than 60 days after enactment of this Act, the Corporation shall 
transmit, in electronic format, to the Secretary, the House and Senate 
Committees on Appropriations, the House Committee on Transportation and 
Infrastructure and the Senate Committee on Commerce, Science, and 
Transportation the annual budget and business plan and the 5-Year 
Financial Plan for fiscal year 2012 required under section 204 of the 
Passenger Rail Investment and Improvement Act of 2008:  Provided 
further, That the budget, business plan, and the 5-Year Financial Plan 
shall also include a separate accounting of ridership, revenues, and 
capital and operating expenses for the Northeast Corridor; commuter 
service; long-distance Amtrak service; State-supported service; each 
intercity train route, including Autotrain; and commercial activities 
including contract operations:  Provided further, That the budget, 
business plan and the 5-Year Financial Plan shall include a description 
of work to be funded, along with cost estimates and an estimated 
timetable for completion of the projects covered by these plans:  
Provided further, That the budget, business plan and the 5-Year 
Financial Plan shall include annual information on the maintenance, 
refurbishment, replacement, and expansion for all Amtrak rolling stock 
consistent with the comprehensive fleet plan:  Provided further, That 
the Corporation shall provide semiannual reports in electronic format 
regarding the pending business plan, which shall describe the work 
completed to date, any changes to the business plan, and the reasons 
for such changes, and shall identify all sole-source contract awards 
which shall be accompanied by a justification as to why said contract 
was awarded on a sole-source basis:  Provided further, That the 
Corporation's budget, business plan, 5-Year Financial Plan, semiannual 
reports, and all subsequent supplemental plans shall be displayed on 
the Corporation's Web site within a reasonable timeframe following 
their submission to the appropriate entities:  Provided further, That 
none of the funds under this heading may be obligated or expended until 
the Corporation agrees to continue abiding by the provisions of 
paragraphs 1, 2, 5, 9, and 11 of the summary of conditions for the 
direct loan agreement of June 28, 2002, in the same manner as in effect 
on the date of enactment of this Act:  Provided further, That the 
Corporation shall submit to the House and Senate Committees on 
Appropriations a budget request for fiscal year 2013 in similar format 
and substance to those submitted by executive agencies of the Federal 
Government.

  capital and debt service grants to the national railroad passenger 
                              corporation

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation for capital investments as 
authorized by section 101(c) and 219(b) of the Passenger Rail 
Investment and Improvement Act of 2008 (division B of Public Law 110-
432), $936,778,000, to remain available until expended, of which not to 
exceed $271,000,000 shall be for debt service obligations as authorized 
by section 102 of such Act:  Provided, That after an initial 
distribution of up to $200,000,000, which shall be used by the 
Corporation as a working capital account, all remaining funds shall be 
provided to the Corporation only on a reimbursable basis:  Provided 
further, That the Secretary may retain up to one-fourth of 1 percent of 
the funds provided under this heading to fund the costs of project 
management oversight of capital projects funded by grants provided 
under this heading, as authorized by subsection 101(d) of division B of 
Public Law 110-432:  Provided further, That the Secretary shall approve 
funding for capital expenditures, including advance purchase orders of 
materials, for the Corporation only after receiving and reviewing a 
grant request for each specific capital project justifying the Federal 
support to the Secretary's satisfaction:  Provided further, That none 
of the funds under this heading may be used to subsidize operating 
losses of the Corporation:  Provided further, That none of the funds 
under this heading may be used for capital projects not approved by the 
Secretary of Transportation or on the Corporation's fiscal year 2012 
business plan.

    capital assistance for high speed rail corridors and intercity 
                         passenger rail service

    To enable the Secretary of Transportation to make grants for high-
speed rail projects as authorized under section 26106 of title 49, 
United States Code, capital investment grants to support intercity 
passenger rail service as authorized under section 24406 of title 49, 
United States Code, and congestion grants as authorized under section 
24105 of title 49, United States Code, and to enter into cooperative 
agreements for these purposes as authorized, $100,000,000, to remain 
available until expended:  Provided, That the Administrator of the 
Federal Railroad Administration may retain up to 2 percent of the funds 
provided under this heading to fund the award and oversight by the 
Administrator of grants and cooperative agreements for intercity and 
high-speed rail:  Provided further, That funds provided under this 
paragraph are available to the Administrator for the purposes of 
conducting research and demonstrating technologies supporting the 
development of high-speed rail in the United States, including the 
demonstration of next-generation rolling stock fleet technology and the 
implementation of the Rail Cooperative Research Program authorized by 
section 24910 of title 49, United States Code:  Provided further, That 
funds provided under this paragraph may be used for planning activities 
that lead directly to the development of a passenger rail corridor 
investment plan consistent with the requirements established by the 
Administrator or a State rail plan consistent with chapter 227 of title 
49, United States Code:  Provided further, That funds made available 
for planning activities under the previous proviso may be used to 
facilitate the preparation of a service development plan and related 
environmental impact statement for high-speed corridors located in 
multiple States:  Provided further, That the Federal share payable of 
the costs for which a grant or cooperative agreements is made under 
this heading shall not exceed 80 percent:  Provided further, That in 
addition to the provisions of title 49, United States Code, that apply 
to each of the individual programs funded under this heading, 
subsections 24402(a)(2), 24402(f), 24402(i), and 24403(a) and (c) of 
title 49, United States Code, shall also apply to the provision of 
funds provided under this heading:  Provided further, That a project 
need not be in a State rail plan developed under chapter 227 of title 
49, United States Code, to be eligible for assistance under this 
heading:  Provided further, That recipients of grants under this 
paragraph shall conduct all procurement transactions using such grant 
funds in a manner that provides full and open competition, as 
determined by the Secretary, in compliance with existing labor 
agreements.

       administrative provisions--federal railroad administration

    Sec. 150.  Hereafter, notwithstanding any other provision of law, 
funds provided in this Act for the National Railroad Passenger 
Corporation shall immediately cease to be available to said Corporation 
in the event that the Corporation contracts to have services provided 
at or from any location outside the United States. For purposes of this 
section, the word ``services'' shall mean any service that was, as of 
July 1, 2006, performed by a full-time or part-time Amtrak employee 
whose base of employment is located within the United States.
    Sec. 151.  The Secretary of Transportation may receive and expend 
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United 
States Government owned automated track inspection cars and equipment 
as a result of third-party liability for such damages, and any amounts 
collected under this section shall be credited directly to the Railroad 
Safety and Operations account of the Federal Railroad Administration, 
and shall remain available until expended for the repair, operation and 
maintenance of automated track inspection cars and equipment in 
connection with the automated track inspection program.
    Sec. 152.  Notwithstanding any other provisions of law, rule or 
regulation, the Secretary of Transportation is authorized to allow the 
issuer of any preferred stock heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of 
an amount determined by the Secretary.

                     Federal Transit Administration

                        administrative expenses

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

                         formula and bus grants

                  (liquidation of contract authority)

                      (limitation on obligations)

                          (highway trust fund)

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

                research and university research centers

    For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 
5322, and 5506, $40,000,000, to remain available until expended:  
Provided, That $9,000,000 is available to carry out the transit 
cooperative research program under section 5313 of title 49, United 
States Code, $4,100,000 is available for the National Transit Institute 
under section 5315 of title 49, United States Code, and $6,500,000 is 
available for university transportation centers program under section 
5506 of title 49, United States Code:  Provided further, That 
$25,400,000 is available to carry out national research programs under 
sections 5312, 5313, 5314, and 5322 of title 49, United States Code.

                       capital investment grants

              (including rescission and transfer of funds)

    For necessary expenses to carry out section 5309 of title 49, 
United States Code, $1,955,000,000, to remain available until expended, 
of which $38,000,000 shall be available to carry out section 5309(e) of 
such title:  Provided, That not less than $510,000,000 shall be 
available for preliminary engineering, final design, and construction 
of projects expected to receive a Full Funding Grant Agreements during 
calendar year 2012:  Provided further, That the funds awarded for 
preliminary engineering and final design under such a grant shall be 
made available to cover those costs immediately upon grant award:  
Provided further, That of the funds appropriated under this heading in 
Public Law 111-8, $27,000,000 are hereby rescinded.

       grants for energy efficiency and greenhouse gas reductions

    For grants to public transit agencies for capital investments that 
will reduce the energy consumption or greenhouse gas emissions of their 
public transportation systems, $25,000,000, to remain available through 
September 30, 2014:  Provided, That priority shall be given to projects 
that use innovative and potentially replicable approaches to reducing 
energy consumption or greenhouse gas emissions.

             washington metropolitan area transit authority

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

       administrative provisions--federal transit administration

    Sec. 160.  The limitations on obligations for the programs of the 
Federal Transit Administration shall not apply to any authority under 
49 U.S.C. 5338, previously made available for obligation, or to any 
other authority previously made available for obligation.
    Sec. 161.  Notwithstanding any other provision of law, funds 
appropriated or limited by this Act under the Federal Transit 
Administration's discretionary program appropriations headings for 
projects specified in this Act or identified in reports accompanying 
this Act not obligated by September 30, 2014, and other recoveries, 
shall be directed to projects eligible to use the funds for the 
purposes for which they were originally provided.
    Sec. 162.  Notwithstanding any other provision of law, any funds 
appropriated before October 1, 2011, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure, 
may be transferred to and administered under the most recent 
appropriation heading for any such section.
    Sec. 163.  Notwithstanding any other provision of law, unobligated 
funds made available for new fixed guideway system projects under the 
heading ``Federal Transit Administration, Capital Investment Grants'' 
in any appropriations Act prior to this Act may be used during this 
fiscal year to satisfy expenses incurred for such projects.
    Sec. 164.  In addition to the amounts made available under section 
5327(c)(1) of title 49, United States Code, the Secretary may use, for 
program management activities described in section 5327(c)(2), 1 
percent of the amount made available to carry out section 5316 of title 
49, United States Code:  Provided, That funds made available for 
program management oversight shall be used to oversee the compliance of 
a recipient or subrecipient of Federal transit assistance consistent 
with activities identified under section 5327(c)(2) and for purposes of 
enforcement.
    Sec. 165. (a) Notwithstanding any other provision of law, 
unobligated funds or recoveries under section 5309 of title 49, United 
States Code, that are available to the Secretary of Transportation for 
reallocation shall be directed to projects eligible to use the funds 
for the purposes for which they were originally provided.
    Sec. 166.  Funds made available for Alaska or Hawaii ferry boats or 
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(6)(B) may be 
used to construct new vessels and facilities, or to improve existing 
vessels and facilities, including both the passenger and vehicle-
related elements of such vessels and facilities, and for repair 
facilities.
    Sec. 167.  Hereafter, the Secretary may not enforce regulations 
related to charter bus service under part 604 of title 49, Code of 
Federal Regulations, for any transit agency who during fiscal year 2008 
was both initially granted a 60-day period to come into compliance with 
part 604, and then was subsequently granted an exception from said 
part.
    Sec. 168.  Hereafter, for purposes of applying the project 
justification and local financial commitment criteria of 49 U.S.C. 
5309(d) to a New Starts project, the Secretary may consider the costs 
and ridership of any connected project in an instance in which private 
parties are making significant financial contributions to the 
construction of the connected project; additionally, the Secretary may 
consider the significant financial contributions of private parties to 
the connected project in calculating the non-Federal share of net 
capital project costs for the New Starts project.
    Sec. 169.  Hereafter, all bus new fixed guideway capital projects 
recommended in the President's fiscal year 2012 budget request for 
funds appropriated under the Capital Investment Grants heading in this 
Act or any other Act shall be funded instead from amounts allocated 
under 49 U.S.C. 5309(m)(2)(C):  Provided, That all such projects shall 
remain subject to the appropriate requirements of 49 U.S.C. 5309(d) and 
(e).

             Saint Lawrence Seaway Development Corporation

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

                       operations and maintenance

                    (harbor maintenance trust fund)

    For necessary expenses for operations, maintenance, and capital 
asset renewal of those portions of the St. Lawrence Seaway owned, 
operated, and maintained by the Saint Lawrence Seaway Development 
Corporation, $34,000,000, to be derived from the Harbor Maintenance 
Trust Fund, pursuant to Public Law 99-662.

                        Maritime Administration

                       maritime security program

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

                        operations and training

                         (including rescission)

    For necessary expenses of operations and training activities 
authorized by law, $154,886,000, of which $11,100,000 shall remain 
available until expended for maintenance and repair of training ships 
at State Maritime Academies, and of which $2,400,000 shall remain 
available through September 30, 2013 for Student Incentive Program 
payments at State Maritime Academies, and of which $22,485,000 shall 
remain available until expended for facilities maintenance and repair, 
equipment, and capital improvements at the United State Merchant Marine 
Academy:  Provided, That amounts apportioned for the United States 
Merchant Marine Academy shall be available only upon allotments made 
personally by the Secretary of Transportation or the Assistant 
Secretary for Budget and Programs:  Provided further, That the 
Superintendent, Deputy Superintendent and the Director of the Office of 
Resource Management of the United State Merchant Marine Academy may not 
be allotment holders for the United States Merchant Marine Academy, and 
the Administrator of the Maritime Administration shall hold all 
allotments made by the Secretary of Transportation or the Assistant 
Secretary for Budget and Programs under the previous proviso:  Provided 
further, That 50 percent of the funding made available for the United 
States Merchant Marine Academy under this heading shall be available 
only after the Secretary, in consultation with the Superintendent and 
the Maritime Administrator, completes a plan detailing by program or 
activity how such funding will be expended at the Academy, and this 
plan is submitted to the House and Senate Committees on Appropriations: 
 Provided further, That of the prior year unobligated balances under 
this heading for information technology requirements of Public Law 111-
207, $1,000,000 are permanently rescinded.

                             ship disposal

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$10,000,000, to remain available until expended.

                     assistance to small shipyards

    To make grants to qualified shipyards as authorized under section 
3508 of Public Law 110-417 or section 54101 of title 46, United States 
Code, $10,000,000, to remain available until expended:  Provided, That 
to be considered for assistance, a qualified shipyard shall submit an 
application for assistance no later than 60 days after enactment of 
this Act:  Provided further, That from applications submitted under the 
previous proviso, the Secretary of Transportation shall make grants no 
later than 120 days after enactment of this Act in such amounts as the 
Secretary determines.

          maritime guaranteed loan (title xi) program account

              (including rescission and transfer of funds)

    For the necessary administrative expenses of the maritime 
guaranteed loan program, $4,000,000 shall be paid to the appropriation 
for ``Operations and Training'', Maritime Administration:  Provided, 
That of the unobligated balance of funds made available for obligation 
under Public Law 110-329 and Public Law 111-118, $35,000,000 are 
permanently rescinded.

           administrative provisions--maritime administration

    Sec. 170.  Notwithstanding any other provision of this Act, the 
Maritime Administration is authorized to furnish utilities and services 
and make necessary repairs in connection with any lease, contract, or 
occupancy involving Government property under control of the Maritime 
Administration, and payments received therefor shall be credited to the 
appropriation charged with the cost thereof:  Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
    Sec. 171.  Notwithstanding any other provision of law, none of the 
funds provided in this or any other Act shall hereafter be used to make 
a determination of the nonavailability of qualified United States flag 
capacity for purposes of 46 U.S.C. 501(b) for the transportation of 
crude oil distributed from the Strategic Petroleum Reserve unless as 
part of that determination the Secretary of Transportation, after 
consultation with representatives from the United States flag maritime 
industry, provides to the Secretary of Homeland Security a list of 
United States flag vessels with single or collective capacity that may 
be capable of providing the requested transportation services and a 
written justification for not using such United States flag vessels.

         Pipeline and Hazardous Materials Safety Administration

                          operational expenses

                         (pipeline safety fund)

                     (including transfer of funds)

    For necessary operational expenses of the Pipeline and Hazardous 
Materials Safety Administration, $22,158,000, of which $639,000 shall 
be derived from the Pipeline Safety Fund:  Provided, That $1,000,000 
shall be transferred to ``Pipeline Safety'' in order to fund ``Pipeline 
Safety Information Grants to Communities'' as authorized under section 
60130 of title 49, United States Code.

                       hazardous materials safety

    For expenses necessary to discharge the hazardous materials safety 
functions of the Pipeline and Hazardous Materials Safety 
Administration, $39,020,000, of which $1,716,000 shall remain available 
until September 30, 2014:  Provided, That up to $800,000 in fees 
collected under 49 U.S.C. 5108(g) shall be deposited in the general 
fund of the Treasury as offsetting receipts:  Provided further, That 
there may be credited to this appropriation, to be available until 
expended, funds received from States, counties, municipalities, other 
public authorities, and private sources for expenses incurred for 
training, for reports publication and dissemination, and for travel 
incurred in performance of hazardous materials exemptions and approvals 
functions.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

    For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the 
pipeline program responsibilities of the Oil Pollution Act of 1990, 
$118,364,000, of which $21,510,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2014; of which $93,854,000 shall be derived from the Pipeline Safety 
Fund, of which $54,265,000 shall remain available until September 30, 
2014; of which $3,000,000, to remain available until expended, shall be 
derived from the Pipeline Safety Design Review Fund, as established by 
this Act.

                     emergency preparedness grants

                     (emergency preparedness fund)

    For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to 
be derived from the Emergency Preparedness Fund, to remain available 
until September 30, 2013:  Provided, That not more than $28,318,000 
shall be made available for obligation in fiscal year 2012 from amounts 
made available by 49 U.S.C. 5116(i) and 5128(b)-(c):  Provided further, 
That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or 
5128(c) shall be made available for obligation by individuals other 
than the Secretary of Transportation, or his designee:  Provided 
further, That unobligated balances of funds provided under this 
paragraph not needed for fiscal year 2012 from the sum made available 
herein shall remain available until expended to invest in the data 
management and information technology modernization efforts, including 
related equipment and non-payroll administrative expenses associated 
solely with this information technology and telecommunications 
infrastructure.

   administrative provision--pipeline and hazardous materials safety 
                             administration

                    cost recovery for design reviews

    Sec. 180.  Section 60117(n) of title 49, United States Code, is 
amended to read as follows:
    ``(n) Cost Recovery For Design Reviews.--
            ``(1) In general.--If the Secretary conducts facility 
        design safety reviews in connection with a proposal to 
        construct, expand, or operate a gas or hazardous liquid 
        pipeline or liquefied natural gas pipeline facility, including 
        construction inspections and oversight, the Secretary may 
        require the person or entity proposing the project to pay the 
        costs incurred by the Secretary relating to such reviews. If 
        the Secretary exercises the cost recovery authority described 
        in this section, the Secretary shall prescribe a fee structure 
        and assessment methodology that is based on the costs of 
        providing these reviews and shall prescribe procedures to 
        collect fees under this section. This authority is in addition 
        to the authority provided in section 60301 of this title.
            ``(2) Notification.--For any new pipeline construction 
        project in which the Secretary will conduct design reviews, the 
        person or entity proposing the project shall notify the 
        Secretary and provide design specifications, construction plans 
        and procedures, and related materials at least 120 days prior 
        to the commencement of construction.
            ``(3) Deposit and use.--The Secretary shall deposit funds 
        paid under this subsection into the Pipeline Safety Design 
        Review Fund. Funds deposited under this section are authorized 
        to be appropriated for the purposes set forth in this chapter. 
        Fees authorized under this section shall be collected and 
        available for obligation only to the extent and in the amount 
        provided in advance in appropriations acts.''.

           Research and Innovative Technology Administration

                        research and development

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

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$82,409,000:  Provided, That the Inspector General shall have all 
necessary authority, in carrying out the duties specified in the 
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate 
allegations of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to regulation by 
the Department:  Provided further, That the funds made available under 
this heading may be used to investigate, pursuant to section 41712 of 
title 49, United States Code:
            (1) unfair or deceptive practices and unfair methods of 
        competition by domestic and foreign air carriers and ticket 
        agents; and
            (2) the compliance of domestic and foreign air carriers 
        with respect to item (1) of this proviso.

                      Surface Transportation Board

                         salaries and expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $29,310,000:  Provided, 
That notwithstanding any other provision of law, not to exceed 
$1,250,000 from fees established by the Chairman of the Surface 
Transportation Board shall be credited to this appropriation as 
offsetting collections and used for necessary and authorized expenses 
under this heading:  Provided further, That the sum herein appropriated 
from the general fund shall be reduced on a dollar-for-dollar basis as 
such offsetting collections are received during fiscal year 2012, to 
result in a final appropriation from the general fund estimated at no 
more than $28,060,000.

            General Provisions--Department of Transportation

    Sec. 190.  During the current fiscal year, applicable 
appropriations to the Department of Transportation shall be available 
for maintenance and operation of aircraft; hire of passenger motor 
vehicles and aircraft; purchase of liability insurance for motor 
vehicles operating in foreign countries on official department 
business; and uniforms or allowances therefor, as authorized by law (5 
U.S.C. 5901-5902).
    Sec. 191.  Appropriations contained in this Act for the Department 
of Transportation shall be available for services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the rate for an Executive Level IV.
    Sec. 192.  None of the funds in this Act shall be available for 
salaries and expenses of more than 110 political and Presidential 
appointees in the Department of Transportation:  Provided, That none of 
the personnel covered by this provision may be assigned on temporary 
detail outside the Department of Transportation.
    Sec. 193.  Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration 
from States, counties, municipalities, other public authorities, and 
private sources for expenses incurred for training may be credited 
respectively to the Federal Highway Administration's ``Federal-Aid 
Highways'' account, the Federal Transit Administration's ``Research and 
University Research Centers'' account, and to the Federal Railroad 
Administration's ``Safety and Operations'' account, except for State 
rail safety inspectors participating in training pursuant to 49 U.S.C. 
20105.
    Sec. 194.  None of the funds in this Act to the Department of 
Transportation may be used to make a grant unless the Secretary of 
Transportation notifies the House and Senate Committees on 
Appropriations not less than 3 full business days before any project 
competitively selected to receive a discretionary grant award, any 
discretionary grant award, letter of intent, or full funding grant 
agreement totaling $1,000,000 or more is announced by the department or 
its modal administrations from:
            (1) any discretionary grant program of the Federal Highway 
        Administration including the emergency relief program;
            (2) the airport improvement program of the Federal Aviation 
        Administration;
            (3) any program of the Federal Railroad Administration;
            (4) any program of the Federal Transit Administration other 
        than the formula grants and fixed guideway modernization 
        programs; or
            (5) any funding provided under the headings ``National 
        Infrastructure Investments'' and ``Assistance to Small 
        Shipyards'' in this Act:  Provided, That the Secretary gives 
        concurrent notification to the House and Senate Committees on 
        Appropriations for any ``quick release'' of funds from the 
        emergency relief program:  Provided further, That no 
        notification shall involve funds that are not available for 
        obligation.
    Sec. 195.  Rebates, refunds, incentive payments, minor fees and 
other funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations 
of the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
    Sec. 196.  Amounts made available in this or any other Act that the 
Secretary determines represent improper payments by the Department of 
Transportation to a third-party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by the 
        Department of Transportation in recovering improper payments; 
        and
            (2) to pay contractors for services provided in recovering 
        improper payments or contractor support in the implementation 
        of the Improper Payments Information Act of 2002:  Provided, 
        That amounts in excess of that required for paragraphs (1) and 
        (2)--
                    (A) shall be credited to and merged with the 
                appropriation from which the improper payments were 
                made, and shall be available for the purposes and 
                period for which such appropriations are available; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts:  Provided further, That prior to the transfer 
                of any such recovery to an appropriations account, the 
                Secretary shall notify to the House and Senate 
                Committees on Appropriations of the amount and reasons 
                for such transfer:  Provided further, That for purposes 
                of this section, the term ``improper payments'', has 
                the same meaning as that provided in section 2(d)(2) of 
                Public Law 107-300.
    Sec. 197.  Notwithstanding any other provision of law, if any funds 
provided in or limited by this Act are subject to a reprogramming 
action that requires notice to be provided to the House and Senate 
Committees on Appropriations, said reprogramming action shall be 
approved or denied solely by the Committees on Appropriations:  
Provided, That the Secretary may provide notice to other congressional 
committees of the action of the Committees on Appropriations on such 
reprogramming but not sooner than 30 days following the date on which 
the reprogramming action has been approved or denied by the House and 
Senate Committees on Appropriations.
    Sec. 198.  None of the funds appropriated or otherwise made 
available under this Act may be used by the Surface Transportation 
Board of the Department of Transportation to charge or collect any 
filing fee for rate or practice complaints filed with the Board in an 
amount in excess of the amount authorized for district court civil suit 
filing fees under section 1914 of title 28, United States Code.
    This title may be cited as the Department of Transportation 
Appropriations Act, 2012.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

               administration, operations, and management

    For necessary salaries and expenses for administration, management 
and operations of the Department of Housing and Urban Development, 
$549,499,000, of which not to exceed $4,610,000 shall be available for 
the immediate Office of the Secretary and Deputy Secretary; not to 
exceed $1,700,000 shall be available for the Office of Hearings and 
Appeals; not to exceed $741,000 shall be available for the Office of 
Small and Disadvantaged Business Utilization; not to exceed $47,984,000 
shall be available for the Office of the Chief Financial Officer; not 
to exceed $94,380,000 shall be available for the Office of the General 
Counsel; not to exceed $2,695,000 shall be available to the Office of 
Congressional and Intergovernmental Relations; not to exceed $3,988,000 
shall be available for the Office of Public Affairs; not to exceed 
$546,000 shall be available to the Office of the Chief Operating 
Officer, not to exceed $256,744,000 shall be available for the Office 
of the Chief Human Capital Officer; not to exceed $10,476,000 shall be 
available for the Office of Departmental Operations and Coordination; 
not to exceed $47,543,000 shall be available for the Office of Field 
Policy and Management; not to exceed $14,654,000 shall be available for 
the Office of the Chief Procurement Officer; not to exceed $3,708,000 
shall be available for the Office of Departmental Equal Employment 
Opportunity; not to exceed $1,448,000 shall be available for the Center 
for Faith-Based and Community Initiatives; not to exceed $2,627,000 
shall be available for the Office of Sustainable Housing and 
Communities; not to exceed $5,605,000 shall be available for the Office 
of Strategic Planning and Management; not to exceed $7,415,000 shall be 
available for the Office of the Chief Disaster and Emergency Management 
Officer; and not to exceed $42,635,000 shall be available for the 
Office of the Chief Information Officer:  Provided further, That the 
Secretary shall provide the Committees on Appropriations quarterly 
written notification regarding the status of pending congressional 
reports:  Provided further, That the Secretary shall provide all signed 
reports required by Congress electronically:  Provided further, That 
not to exceed $25,000 of the amount made available under this paragraph 
for the immediate Office of the Secretary shall be available for 
official reception and representation expenses as the Secretary may 
determine.

                  Program Office Salaries and Expenses

                       public and indian housing

    For necessary salaries and expenses of the Office of Public and 
Indian Housing, $201,233,000.

                   community planning and development

    For necessary salaries and expenses of the Office of Community 
Planning and Development mission area, $101,076,000.

                                housing

    For necessary salaries and expenses of the Office of Housing, 
$392,796,000, of which $8,200,000 shall be for the Office of Risk and 
Regulatory Affairs.

                    policy development and research

    For necessary salaries and expenses of the Office of Policy 
Development and Research, $23,016,000.

                   fair housing and equal opportunity

    For necessary salaries and expenses of the Office of Fair Housing 
and Equal Opportunity, $74,766,000.

            office of healthy homes and lead hazard control

    For necessary salaries and expenses of the Office of Healthy Homes 
and Lead Hazard Control, $7,502,000.

                    rental assistance demonstration

    To conduct a demonstration designed to preserve and improve public 
housing through the voluntary conversion of properties with assistance 
under section 9 of the U.S. Housing Act of 1937, (hereinafter, ``the 
Act''), to properties with assistance under a project-based subsidy 
contract under section 8 of the Act, which shall be eligible for 
renewal under section 524 of the Multifamily Assisted Housing Reform 
and Affordability Act of 1997, or assistance under section 8(o)(13) of 
the Act, the Secretary may transfer amounts provided under the headings 
``Public Housing Capital Fund'' and ``Public Housing Operating Fund'' 
to the headings ``Tenant-Based Rental Assistance'' or ``Project-Based 
Rental Assistance'':  Provided, That project applications may be 
received under this demonstration until September 30, 2015:  Provided 
further, That any increase in cost for ``Tenant-Based Rental 
Assistance'' or ``Project-Based Rental Assistance'' associated with 
such conversion shall be equal to amounts transferred from ``Public 
Housing Capital Fund'' and ``Public Housing Operating Fund'':  Provided 
further, That not more than 60,000 units shall be converted under the 
authority provided under this heading:  Provided further, That tenants 
of such converted properties shall, at a minimum, maintain the same 
rights under such conversion as those provided under section 9 of the 
Act:  Provided further, That the Secretary shall select properties from 
applications for conversion as part of this demonstration through a 
competitive process:  Provided further, That in establishing criteria 
for such competition, the Secretary shall seek to demonstrate the 
feasibility of this conversion model to recapitalize and operate public 
housing properties (1) in different markets and geographic areas, (2) 
within portfolios managed by public housing agencies of varying sizes, 
and (3) by leveraging other sources of funding to recapitalize 
properties:  Provided further, That the Secretary shall provide an 
opportunity for public comment on draft eligibility and selection 
criteria and procedures that will apply to the selection of properties 
that will participate in the demonstration:  Provided further, That the 
Secretary shall provide an opportunity for comment from residents of 
properties to be proposed for participation in the demonstration to the 
owners or public housing agencies responsible for such properties:  
Provided further, That the Secretary may waive or specify alternative 
requirements for (except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment) any provision 
of section 8(o)(13) or any provision that governs the use of assistance 
from which a property is converted under the demonstration or funds 
made available under the headings of ``Public Housing Capital Fund'', 
``Public Housing Operating Fund'', and ``Project-Based Rental 
Assistance'', under this Act or any prior Act or any Act enacted during 
the period of conversion of assistance under the demonstration for 
properties with assistance converted under the demonstration, upon a 
finding by the Secretary that any such waivers or alternative 
requirements are necessary for the effective conversion of assistance 
under the demonstration:  Provided further, That the Secretary shall 
publish by notice in the Federal Register any waivers or alternative 
requirements pursuant to the previous proviso no later than 10 days 
before the effective date of such notice:  Provided further, That the 
demonstration may proceed after the Secretary publishes notice of its 
terms in the Federal Register:  Provided further, That notwithstanding 
sections 3 and 16 of the Act, the conversion of assistance under the 
demonstration shall not be the basis for re-screening or termination of 
assistance or eviction of any tenant family in a property participating 
in the demonstration, and such a family shall not be considered a new 
admission for any purpose, including compliance with income targeting 
requirements:  Provided further, That in the case of a property with 
assistance converted under the demonstration from assistance under 
section 9 of the Act, section 18 of the Act shall not apply to a 
property converting assistance under the demonstration for all or 
substantially all of its units, the Secretary shall require ownership 
or control of assisted units by a public or nonprofit entity except as 
determined by the Secretary to be necessary pursuant to foreclosure, 
bankruptcy, or termination and transfer of assistance for material 
violations or substantial default, shall require long-term renewable 
use and affordability restrictions for assisted units, and may allow 
ownership to be transferred to a for-profit entity to facilitate the 
use of tax credits only if the public housing agency preserves its 
interest in the property in a manner approved by the Secretary:  
Provided further, That the Secretary may permit transfer of assistance 
at or after conversion under the demonstration to replacement units 
subject to the requirements in the previous proviso:  Provided further, 
That the Secretary may establish the requirements for converted 
assistance under the demonstration through contracts, use agreements, 
regulations, or other means:  Provided further, That the Secretary 
shall assess and publish findings regarding the impact of the 
conversion of assistance under the demonstration on the preservation 
and improvement of public housing, the amount of private sector 
leveraging as a result of such conversion, and the effect of such 
conversion on tenants.

                       Public and Indian Housing

                     tenant-based rental assistance

                     (including transfer of funds)

    For activities and assistance for the provision of tenant-based 
rental assistance authorized under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not 
otherwise provided for, $14,872,357,000, to remain available until 
expended, shall be available on October 1, 2011 (in addition to the 
$4,000,000,000 previously appropriated under this heading that will 
become available on October 1, 2011), and $4,000,000,000, to remain 
available until expended, shall be available on October 1, 2012:  
Provided, That of the amounts made available under this heading are 
provided as follows:
            (1) Not less than $17,143,905,000 shall be available for 
        renewals of expiring section 8 tenant-based annual 
        contributions contracts (including renewals of enhanced 
        vouchers under any provision of law authorizing such assistance 
        under section 8(t) of the Act) and including renewal of other 
        special purpose incremental vouchers:  Provided, That 
        notwithstanding any other provision of law, from amounts 
        provided under this paragraph and any carryover, the Secretary 
        for the calendar year 2012 funding cycle shall provide renewal 
        funding for each public housing agency based on validated 
        voucher management system (VMS) leasing and cost data for the 
        prior calendar year and by applying an inflation factor as 
        established by the Secretary, by notice published in the 
        Federal Register, and by making any necessary adjustments for 
        the costs associated with the first-time renewal of vouchers 
        under this paragraph including tenant protection and HOPE VI 
        vouchers:  Provided further, That none of the funds provided 
        under this paragraph may be used to fund a total number of unit 
        months under lease which exceeds a public housing agency's 
        authorized level of units under contract, except for public 
        housing agencies participating in the Moving to Work (MTW) 
        demonstration, which are instead governed by the terms and 
        conditions of their MTW agreements:  Provided further, That the 
        Secretary shall, to the extent necessary to stay within the 
        amount specified under this paragraph (except as otherwise 
        modified under this Act), pro rate each public housing agency's 
        allocation otherwise established pursuant to this paragraph:  
        Provided further, That except as provided in the following 
        provisos, the entire amount specified under this paragraph 
        (except as otherwise modified under this Act) shall be 
        obligated to the public housing agencies based on the 
        allocation and pro rata method described above, and the 
        Secretary shall notify public housing agencies of their annual 
        budget not later than 60 days after enactment of this Act:  
        Provided further, That the Secretary may extend the 60-day 
        notification period with the prior written approval of the 
        House and Senate Committees on Appropriations:  Provided 
        further, That public housing agencies participating in the 
        Moving to Work demonstration shall be funded pursuant to their 
        Moving to Work agreements and shall be subject to the same pro 
        rata adjustments under the previous provisos:  Provided 
        further, That up to $103,000,000 shall be available only: (1) 
        to adjust the allocations for public housing agencies, after 
        application for an adjustment by a public housing agency that 
        experienced a significant increase, as determined by the 
        Secretary, in renewal costs of tenant-based rental assistance 
        resulting from unforeseen circumstances or from portability 
        under section 8(r) of the Act; (2) for vouchers that were not 
        in use during the 12-month period in order to be available to 
        meet a commitment pursuant to section 8(o)(13) of the Act; (3) 
        for adjustments for costs associated with HUD-Veterans Affairs 
        Supportive Housing (HUD-VASH) vouchers; and (4) for incremental 
        tenant-based assistance for eligible families currently 
        assisted under the Disaster Voucher Program as authorized by 
        Public Law 109-148 under this heading and the Disaster Housing 
        Assistance Program for Hurricanes Ike and Gustav on the 
        condition that such vouchers will not be re-issued when 
        families leave the program:  Provided further, That of the 
        amounts made available under this paragraph, up to $15,000,000 
        may be transferred to and merged with the appropriation for 
        ``Transformation Initiative'';
            (2) $75,000,000 shall be for section 8 rental assistance 
        for relocation and replacement of housing units that are 
        demolished or disposed of pursuant to section 18 of the Act, 
        conversion of section 23 projects to assistance under section 
        8, the family unification program under section 8(x) of the 
        Act, relocation of witnesses in connection with efforts to 
        combat crime in public and assisted housing pursuant to a 
        request from a law enforcement or prosecution agency, enhanced 
        vouchers under any provision of law authorizing such assistance 
        under section 8(t) of the Act, HOPE VI vouchers, mandatory and 
        voluntary conversions, and tenant protection assistance 
        including replacement and relocation assistance or for project-
        based assistance to prevent the displacement of unassisted 
        elderly tenants currently residing in section 202 properties 
        financed between 1959 and 1974 that are refinanced pursuant to 
        Public Law 106-569, as amended, or under the authority as 
        provided under this Act:  Provided, That when a public housing 
        development is submitted for demolition or disposition under 
        section 18 of the Act, the Secretary may provide section 8 
        rental assistance when the units pose an imminent health and 
        safety risk to residents:  Provided further, That the Secretary 
        may only provide replacement vouchers for units that were 
        occupied within the previous 24 months that cease to be 
        available as assisted housing, subject only to the availability 
        of funds:  Provided further, That of the amounts made available 
        under this paragraph, $10,000,000 shall be available to provide 
        tenant protection assistance, not otherwise provided under this 
        paragraph, to residents residing in low-vacancy areas and who 
        may have to pay rents greater than 30 percent of household 
        income, as the result of (1) the maturity of a HUD-insured, 
        HUD-held or section 202 loan that requires the permission of 
        the Secretary prior to loan prepayment; (2) the expiration of a 
        rental assistance contract for which the tenants are not 
        eligible for enhanced voucher or tenant protection assistance 
        under existing law; or (3) the expiration of affordability 
        restrictions accompanying a mortgage or preservation program 
        administered by the Secretary:  Provided further, That such 
        tenant protection assistance made available under the previous 
        proviso may be provided under the authority of section 8(t) or 
        section 8(o)(13) of the United States Housing Act of 1937 (42 
        U.S.C. 1437f(t)):  Provided further, That the Secretary shall 
        issue guidance to implement the previous provisos, including, 
        but not limited to, requirements for defining eligible at-risk 
        households within 120 days of the enactment of this Act;
            (3) $1,400,000,000 shall be for administrative and other 
        expenses of public housing agencies in administering the 
        section 8 tenant-based rental assistance program, of which up 
        to $50,000,000 shall be available to the Secretary to allocate 
        to public housing agencies that need additional funds to 
        administer their section 8 programs, including fees associated 
        with section 8 tenant protection rental assistance, the 
        administration of disaster related vouchers, Veterans Affairs 
        Supportive Housing vouchers, and other incremental vouchers:  
        Provided, That no less than $1,350,000,000 of the amount 
        provided in this paragraph shall be allocated to public housing 
        agencies for the calendar year 2012 funding cycle based on 
        section 8(q) of the Act (and related Appropriation Act 
        provisions) as in effect immediately before the enactment of 
        the Quality Housing and Work Responsibility Act of 1998 (Public 
        Law 105-276):  Provided further, That if the amounts made 
        available under this paragraph are insufficient to pay the 
        amounts determined under the previous proviso, the Secretary 
        may decrease the amounts allocated to agencies by a uniform 
        percentage applicable to all agencies receiving funding under 
        this paragraph or may, to the extent necessary to provide full 
        payment of amounts determined under the previous proviso, 
        utilize unobligated balances, including recaptures and 
        carryovers, remaining from funds appropriated to the Department 
        of Housing and Urban Development under this heading from prior 
        fiscal years, notwithstanding the purposes for which such 
        amounts were appropriated:  Provided further, That amounts 
        provided under this paragraph shall be only for activities 
        related to the provision of tenant-based rental assistance 
        authorized under section 8, including related development 
        activities;
            (4) $60,000,000 shall be available for family self-
        sufficiency coordinators under section 23 of the Act;
            (5) $113,452,000 for the renewal of tenant-based assistance 
        contracts under section 811 of the Cranston-Gonzalez National 
        Affordable Housing Act (42 U.S.C. 8013), including necessary 
        administrative expenses;
            (6) $75,000,000 for incremental rental voucher assistance 
        for use through a supported housing program administered in 
        conjunction with the Department of Veterans Affairs as 
        authorized under section 8(o)(19) of the United States Housing 
        Act of 1937:  Provided, That the Secretary of Housing and Urban 
        Development shall make such funding available, notwithstanding 
        section 204 (competition provision) of this title, to public 
        housing agencies that partner with eligible VA Medical Centers 
        or other entities as designated by the Secretary of the 
        Department of Veterans Affairs, based on geographical need for 
        such assistance as identified by the Secretary of the 
        Department of Veterans Affairs, public housing agency 
        administrative performance, and other factors as specified by 
        the Secretary of Housing and Urban Development in consultation 
        with the Secretary of the Department of Veterans Affairs:  
        Provided further, That the Secretary of Housing and Urban 
        Development may waive, or specify alternative requirements for 
        (in consultation with the Secretary of the Department of 
        Veterans Affairs), any provision of any statute or regulation 
        that the Secretary of Housing and Urban Development administers 
        in connection with the use of funds made available under this 
        paragraph (except for requirements related to fair housing, 
        nondiscrimination, labor standards, and the environment), upon 
        a finding by the Secretary that any such waivers or alternative 
        requirements are necessary for the effective delivery and 
        administration of such voucher assistance:  Provided further, 
        That assistance made available under this paragraph shall 
        continue to remain available for homeless veterans upon turn-
        over;
            (7) $5,000,000 for payments to public housing authorities 
        to be competitively awarded in order to demonstrate the 
        effectiveness of leveraging mainstream resources to address the 
        needs of families and individuals who are homeless or at risk 
        of homelessness, as defined by the Secretary of Housing and 
        Urban Development, to be administered by the Secretary in 
        conjunction with the Department of Health and Human Services 
        and the Department of Education:  Provided, That funds provided 
        under this paragraph shall be awarded to public housing 
        authorities that (1) partner with eligible State and local 
        entities responsible for distributing Temporary Assistance for 
        Needy Families (TANF) and other health and human services, as 
        designated by the Secretary of the Department of Health and 
        Human Services, and (2) partner with school homelessness 
        liaisons funded through the Department of Education's Education 
        for Homeless Children and Youth Program:  Provided further, 
        That the funds may also be available to public housing 
        authorities that partner with eligible State Medicaid agencies 
        and State behavioral health entities, as designated by the 
        Secretary of the Department of Health and Human Services, to 
        provide housing in conjunction with Medicaid case management, 
        substance abuse treatment, and mental health services; and
            (8) The Secretary shall separately track all special 
        purpose vouchers funded under this heading.

                        housing certificate fund

                              (rescission)

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

                      public housing capital fund

    For the Public Housing Capital Fund Program to carry out capital 
and management activities for public housing agencies, as authorized 
under section 9 of the United States Housing Act of 1937 (42 U.S.C. 
1437g) (the ``Act'') $1,875,000,000, to remain available until 
September 30, 2015:  Provided, That notwithstanding any other provision 
of law or regulation, during fiscal year 2012 the Secretary of Housing 
and Urban Development may not delegate to any Department official other 
than the Deputy Secretary and the Assistant Secretary for Public and 
Indian Housing any authority under paragraph (2) of section 9(j) 
regarding the extension of the time periods under such section:  
Provided further, That for purposes of such section 9(j), the term 
``obligate'' means, with respect to amounts, that the amounts are 
subject to a binding agreement that will result in outlays, immediately 
or in the future:  Provided further, That up to $10,000,000 shall be to 
support the ongoing Public Housing Financial and Physical Assessment 
activities of the Real Estate Assessment Center (REAC):  Provided 
further, That of the total amount provided under this heading, not to 
exceed $20,000,000 shall be available for the Secretary to make grants, 
notwithstanding section 204 of this Act, to public housing agencies for 
emergency capital needs including safety and security measures 
necessary to address crime and drug-related activity as well as needs 
resulting from unforeseen or unpreventable emergencies and natural 
disasters excluding Presidentially declared emergencies and natural 
disasters under the Robert T. Stafford Disaster Relief and Emergency 
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2012:  Provided 
further, That of the total amount provided under this heading 
$50,000,000 shall be for supportive services, service coordinator and 
congregate services as authorized by section 34 of the Act (42 U.S.C. 
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.):  Provided further, 
That of the total amount provided under this heading, up to $5,000,000 
is to support the costs of administrative and judicial receiverships:  
Provided further, That from the funds made available under this 
heading, the Secretary shall provide bonus awards in fiscal year 2012 
to public housing agencies that are designated high performers.

                     public housing operating fund

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

                          choice neighborhoods

    For competitive grants under the Choice Neighborhoods Initiative 
(subject to section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v), unless otherwise specified under this heading), for 
transformation, rehabilitation, and replacement housing needs of both 
public and HUD-assisted housing and to transform neighborhoods of 
poverty into functioning, sustainable mixed income neighborhoods with 
appropriate services, schools, public assets, transportation and access 
to jobs, $120,000,000, to remain available until September 30, 2014:  
Provided, That grant funds may be used for resident and community 
services, community development, and affordable housing needs in the 
community, and for conversion of vacant or foreclosed properties to 
affordable housing:  Provided further, That grantees shall undertake 
comprehensive local planning with input from residents and the 
community, and that grantees shall provide a match in State, local, 
other Federal or private funds:  Provided further, That grantees may 
include local governments, tribal entities, public housing authorities, 
and nonprofits:  Provided further, That for-profit developers may apply 
jointly with a public entity:  Provided further, That of the amount 
provided, not less than $80,000,000 shall be awarded to public housing 
authorities:  Provided further, That such grantees shall create 
partnerships with other local organizations including assisted housing 
owners, service agencies, and resident organizations:  Provided 
further, That the Secretary shall consult with the Secretaries of 
Education, Labor, Transportation, Health and Human Services, 
Agriculture, and Commerce and the Administrator of the Environmental 
Protection Agency to coordinate and leverage other appropriate Federal 
resources:  Provided further, That no more than $5,000,000 of funds 
made available under this heading may be provided to assist communities 
in developing comprehensive strategies for implementing this program or 
implementing other revitalization efforts in conjunction with community 
notice and input:  Provided further, That the Secretary shall develop 
and publish guidelines for the use of such competitive funds, including 
but not limited to eligible activities, program requirements, and 
performance metrics.

                  native american housing block grants

    For the Native American Housing Block Grants program, as authorized 
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), 
$650,000,000, to remain available until expended:  Provided, That, 
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation 
under title I of such Act for each Indian tribe, the Secretary shall 
apply the formula under section 302 of such Act with the need component 
based on single-race census data and with the need component based on 
multi-race census data, and the amount of the allocation for each 
Indian tribe shall be the greater of the two resulting allocation 
amounts:  Provided further, That of the amounts made available under 
this heading, $3,500,000 shall be contracted for assistance for a 
national organization representing Native American housing interests 
for providing training and technical assistance to Indian housing 
authorities and tribally designated housing entities as authorized 
under NAHASDA; and $4,250,000 shall be to support the inspection of 
Indian housing units, contract expertise, training, and technical 
assistance in the training, oversight, and management of such Indian 
housing and tenant-based assistance, including up to $300,000 for 
related travel:  Provided further, That of the amount provided under 
this heading, $2,000,000 shall be made available for the cost of 
guaranteed notes and other obligations, as authorized by title VI of 
NAHASDA:  Provided further, That such costs, including the costs of 
modifying such notes and other obligations, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended:  
Provided further, That these funds are available to subsidize the total 
principal amount of any notes and other obligations, any part of which 
is to be guaranteed, not to exceed $20,000,000.

                  native hawaiian housing block grant

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

           indian housing loan guarantee fund program account

    For the cost of guaranteed loans, as authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z), 
$7,000,000, to remain available until expended:  Provided, That such 
costs, including the costs of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974:  Provided 
further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, up to $428,000,000:  
Provided further, That up to $750,000 shall be for administrative 
contract expenses including management processes and systems to carry 
out the loan guarantee program.

      native hawaiian housing loan guarantee fund program account

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

                   Community Planning and Development

              housing opportunities for persons with aids

    For carrying out the Housing Opportunities for Persons with AIDS 
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 
12901 et seq.), $330,000,000, to remain available until September 30, 
2013, except that amounts allocated pursuant to section 854(c)(3) of 
such Act shall remain available until September 30, 2014:  Provided, 
That the Secretary shall renew all expiring contracts for permanent 
supportive housing that were funded under section 854(c)(3) of such Act 
that meet all program requirements before awarding funds for new 
contracts and activities authorized under this section.

                       community development fund

    For assistance to units of State and local government, and to other 
entities, for economic and community development activities, and for 
other purposes, $3,001,027,000, to remain available until September 30, 
2013, unless otherwise specified:  Provided, That of the total amount 
provided, $2,851,027,000 is for carrying out the community development 
block grant program under title I of the Housing and Community 
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 
5301 et seq.):  Provided further, That unless explicitly provided for 
under this heading (except for planning grants provided in the second 
paragraph and amounts made available under the third paragraph), not to 
exceed 20 percent of any grant made with funds appropriated under this 
heading shall be expended for planning and management development and 
administration:  Provided further, That $60,000,000 shall be for grants 
to Indian tribes notwithstanding section 106(a)(1) of such Act, of 
which, notwithstanding any other provision of law (including section 
204 of this Act), up to $3,960,000 may be used for emergencies that 
constitute imminent threats to health and safety.
    Of the amounts made available under this heading, $90,000,000 shall 
be made available for a Sustainable Communities Initiative to improve 
regional planning efforts that integrate housing and transportation 
decisions, and increase the capacity to improve land use and zoning:  
Provided, That $63,000,000 shall be for Regional Integrated Planning 
Grants to support the linking of transportation and land use planning:  
Provided further, That not less than $15,750,000 of the funding made 
available for Regional Integrated Planning Grants shall be awarded to 
metropolitan areas of less than 500,000:  Provided further, That 
$27,000,000 shall be for Community Challenge Planning Grants to foster 
reform and reduce barriers to achieve affordable, economically vital, 
and sustainable communities:  Provided further, That the Secretary will 
consult with the Secretary of Transportation in evaluating grant 
proposals.

           community development block grant disaster funding

    For an additional amount for the ``Community Development Fund'', 
for necessary expenses related to disaster relief, long-term recovery, 
and restoration of infrastructure, housing, and economic revitalization 
resulting from a major disaster designation pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122(2)) in 2011, $400,000,000, to remain available until expended, for 
activities authorized under title I of the Housing and Community 
Development Act of 1974 (Public Law 93-383):  Provided, That the amount 
provided under this heading is designated by Congress as being for 
disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
amended:  Provided further, That funds shall be awarded directly to the 
State or unit of general local government at the discretion of the 
Secretary:  Provided further, That prior to the obligation of funds a 
grantee shall submit a plan to the Secretary detailing the proposed use 
of all funds, including criteria for eligibility and how the use of 
these funds will address long-term recovery and restoration of 
infrastructure:  Provided further, That funds provided under this 
heading may be used by a State or locality as a matching requirement, 
share, or contribution for any other Federal program:  Provided 
further, That such funds may not be used for activities reimbursable 
by, or for which funds are made available by, the Federal Emergency 
Management Agency or the Army Corps of Engineers:  Provided further, 
That funds allocated under this heading shall not adversely affect the 
amount of any formula assistance received by a State or subdivision 
thereof under the Community Development Fund:  Provided further, That a 
State or subdivision thereof may use up to 5 percent of its allocation 
for administrative costs:  Provided further, That in administering the 
funds under this heading, the Secretary of Housing and Urban 
Development may waive, or specify alternative requirements for, any 
provision of any statute or regulation that the Secretary administers 
in connection with the obligation by the Secretary or the use by the 
recipient of these funds or guarantees (except for requirements related 
to fair housing, nondiscrimination, labor standards, and the 
environment), upon a request by a State or subdivision thereof 
explaining why such waiver is required to facilitate the use of such 
funds or guarantees, if the Secretary finds that such waiver would not 
be inconsistent with the overall purpose of title I of the Housing and 
Community Development Act of 1974:  Provided further, That the 
Secretary shall publish in the Federal Register any waiver of any 
statute or regulation that the Secretary administers pursuant to title 
I of the Housing and Community Development Act of 1974 no later than 5 
days before the effective date of such waiver.

         community development loan guarantees program account

    For the cost of guaranteed loans, $4,960,000, to remain available 
until September 30, 2012, as authorized by section 108 of the Housing 
and Community Development Act of 1974 (42 U.S.C. 5308):  Provided, That 
such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974:  
Provided further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, not to exceed 
$200,000,000, notwithstanding any aggregate limitation on outstanding 
obligations guaranteed in section 108(k) of the Housing and Community 
Development Act of 1974, as amended.

                  home investment partnerships program

    For the HOME investment partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing Act, as 
amended, $1,000,000,000, to remain available until September 30, 2013:  
Provided, That notwithstanding the amount made available under this 
heading, the threshold reduction requirements in sections 216(10) and 
217(b)(4) of such Act shall not apply to allocation of such amount:  
Provided further, That funds made available under this heading used for 
projects not completed within 4 years of the commitment date, as 
determined by a signature of each party to the agreement shall be 
repaid:  Provided further, That the Secretary may extend the deadline 
for 1 year if the Secretary determines that the failure to complete the 
project is beyond the control of the participating jurisdiction:  
Provided further, That no funds provided under this heading may be 
committed to any project included as part of a participating 
jurisdiction's plan under section 105(b), unless each participating 
jurisdiction certifies that it has conducted an underwriting review, 
assessed developer capacity and fiscal soundness, and examined 
neighborhood market conditions to ensure adequate need for each 
project:  Provided further, That any homeownership units funded under 
this heading which cannot be sold to an eligible homeowner within 6 
months of project completion shall be rented to an eligible tenant:  
Provided further, That no funds provided under this heading may be 
awarded for development activities to a community housing development 
organization that cannot demonstrate that it is has staff with 
demonstrated development experience:  Provided further, That funds 
provided in prior appropriations Acts for technical assistance, that 
were made available for Community Housing Development Organizations 
technical assistance, and that still remain available, may be used for 
HOME technical assistance notwithstanding the purposes for which such 
amounts were appropriated.

        self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity Program, 
as authorized under section 11 of the Housing Opportunity Program 
Extension Act of 1996, as amended, $57,000,000, to remain available 
until September 30, 2013:  Provided, That of the total amount provided 
under this heading, $17,000,000 shall be made available to the Self-
Help and Assisted Homeownership Opportunity Program as authorized under 
section 11 of the Housing Opportunity Program Extension Act of 1996, as 
amended:  Provided further, That $35,000,000 shall be made available 
for the second, third and fourth capacity building activities 
authorized under section 4(a) of the HUD Demonstration Act of 1993 (42 
U.S.C. 9816 note), of which not less than $5,000,000 may be made 
available for rural capacity-building activities:  Provided further, 
That $5,000,000 shall be made available for capacity-building 
activities for a national organization with expertise in rural housing, 
including experience working with rural housing organizations, local 
governments, and Indian tribes.

                       homeless assistance grants

                     (including transfer of funds)

    For the emergency solutions grants program as authorized under 
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, 
as amended; the continuum of care program as authorized under subtitle 
C of title IV of such Act; and the rural housing stability assistance 
program as authorized under subtitle D of title IV of such Act, 
$1,901,190,000, of which $1,896,190,000 shall remain available until 
September 30, 2014, and of which $5,000,000 shall remain available 
until expended for project-based rental assistance with rehabilitation 
projects with 10-year grant terms and any rental assistance amounts 
that are recaptured under such continuum of care program shall remain 
available until expended:  Provided, That not less than $286,000,000 of 
the funds appropriated under this heading shall be available for such 
emergency solutions grants program:  Provided further, That not less 
than $1,602,190,000 of the funds appropriated under this heading shall 
be available for such continuum of care and rural housing stability 
assistance programs:  Provided further, That up to $8,000,000 of the 
funds appropriated under this heading shall be available for the 
national homeless data analysis project:  Provided further, That for 
all match requirements applicable to funds made available under this 
heading for this fiscal year and prior years, a grantee may use (or 
could have used) as a source of match funds other funds administered by 
the Secretary and other Federal agencies unless there is (or was) a 
specific statutory prohibition on any such use of any such funds:  
Provided further, That the Secretary shall renew on an annual basis 
expiring contracts or amendments to contracts funded under the 
continuum of care program if the program is determined to be needed 
under the applicable continuum of care and meets appropriate program 
requirements and financial standards, as determined by the Secretary:  
Provided further, That all awards of assistance under this heading 
shall be required to coordinate and integrate homeless programs with 
other mainstream health, social services, and employment programs for 
which homeless populations may be eligible, including Medicaid, State 
Children's Health Insurance Program, Temporary Assistance for Needy 
Families, Food Stamps, and services funding through the Mental Health 
and Substance Abuse Block Grant, Workforce Investment Act, and the 
Welfare-to-Work grant program:  Provided further, That all balances for 
Shelter Plus Care renewals previously funded from the Shelter Plus Care 
Renewal account and transferred to this account shall be available, if 
recaptured, for continuum of care renewals in fiscal year 2012.

                            Housing Programs

                    project-based rental assistance

    For activities and assistance for the provision of project-based 
subsidy contracts under the United States Housing Act of 1937 (42 
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for, 
$9,018,672,000, to remain available until expended, shall be available 
on October 1, 2011 (in addition to the $400,000,000 previously 
appropriated under this heading that will become available October 1, 
2012), and $400,000,000, to remain available until expended, shall be 
available on October 1, 2012:  Provided, That the amounts made 
available under this heading shall be available for expiring or 
terminating section 8 project-based subsidy contracts (including 
section 8 moderate rehabilitation contracts), for amendments to section 
8 project-based subsidy contracts (including section 8 moderate 
rehabilitation contracts), for contracts entered into pursuant to 
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11401), for renewal of section 8 contracts for units in projects that 
are subject to approved plans of action under the Emergency Low Income 
Housing Preservation Act of 1987 or the Low-Income Housing Preservation 
and Resident Homeownership Act of 1990, and for administrative and 
other expenses associated with project-based activities and assistance 
funded under this paragraph:  Provided further, That of the total 
amounts provided under this heading, not to exceed $289,000,000 shall 
be available for performance-based contract administrators for section 
8 project-based assistance:  Provided  further, That the Secretary of 
Housing and Urban Development may also use such amounts in the previous 
proviso for performance-based contract administrators for the 
administration of: interest reduction payments pursuant to section 
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent 
supplement payments pursuant to section 101 of the Housing and Urban 
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental 
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental 
assistance contracts for the elderly under section 202(c)(2) of the 
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance 
contracts for supportive housing for persons with disabilities under 
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to 
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat. 
667); and loans under section 202 of the Housing Act of 1959 (Public 
Law 86-372; 73 Stat. 667):  Provided further, That amounts recaptured 
under this heading may be used for renewals of or amendments to section 
8 project-based contracts or for performance-based contract 
administrators, notwithstanding the purposes for which such amounts 
were appropriated.

                        housing for the elderly

    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959, as amended, and for project rental assistance 
for the elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of expiring 
contracts for such assistance for up to a 1-year term, and for senior 
preservation rental assistance contracts, as authorized by section 
811(e) of the American Housing and Economic Opportunity Act of 2000, as 
amended, and for supportive services associated with the housing, 
$369,627,000 to remain available until September 30, 2015:  Provided, 
That of the amount provided under this heading, up to $91,000,000 shall 
be for service coordinators and the continuation of existing congregate 
service grants for residents of assisted housing projects, and of which 
up to $20,000,000 shall be for grants under section 202b of the Housing 
Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects 
under such section to assisted living, service-enriched housing, or 
related use for substantial and emergency repairs as determined by the 
Secretary:  Provided further, That amounts under this heading shall be 
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 202 capital advance 
projects:  Provided further, That the Secretary may waive the 
provisions of section 202 governing the terms and conditions of project 
rental assistance, except that the initial contract term for such 
assistance shall not exceed 5 years in duration.

                 housing for persons with disabilities

    For capital advance contracts, including amendments to capital 
advance contracts, for supportive housing for persons with 
disabilities, as authorized by section 811 of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 8013) and for project rental 
assistance for supportive housing for persons with disabilities under 
section 811(d)(2) of such Act, including amendments to contracts for 
such assistance and renewal of expiring contracts for such assistance 
for up to a 1-year term, and for supportive services associated with 
the housing for persons with disabilities as authorized by section 
811(b)(1) of such Act, $150,000,000 to remain available until September 
30, 2015:  Provided, That the Secretary may waive the provisions of 
section 811 governing the terms and conditions of project rental 
assistance, except that the initial contract term for such assistance 
shall not exceed 5 years in duration:  Provided further, That amounts 
made available under this heading shall be available for Real Estate 
Assessment Center inspections and inspection-related activities 
associated with section 811 Capital Advance Projects:  Provided 
further, That the Secretary shall conduct a demonstration program to 
make available funds provided under this heading for project rental 
assistance to State housing finance agencies and other appropriate 
entities as authorized under section 811(b)(3) of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 8013(b)(3)).

                     Housing Counseling Assistance

    For contracts, grants, and other assistance excluding loans, as 
authorized under section 106 of the Housing and Urban Development Act 
of 1968, as amended, $60,000,000, including up to $2,500,000 for 
administrative contract services, to remain available until September 
30, 2012:  Provided, That grants made available from amounts provided 
under this heading shall be awarded within 120 days of enactment of 
this Act:  Provided further, That funds shall be used for providing 
counseling and advice to tenants and homeowners, both current and 
prospective, with respect to property maintenance, financial 
management/literacy, and such other matters as may be appropriate to 
assist them in improving their housing conditions, meeting their 
financial needs, and fulfilling the responsibilities of tenancy or 
homeownership; for program administration; and for housing counselor 
training.

                    other assisted housing programs

                       rental housing assistance

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

                            rent supplement

                              (rescission)

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

            payment to manufactured housing fees trust fund

    For necessary expenses as authorized by the National Manufactured 
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 
et seq.), up to $9,000,000, to remain available until expended, of 
which $4,000,000 is to be derived from the Manufactured Housing Fees 
Trust Fund:  Provided, That not to exceed the total amount appropriated 
under this heading shall be available from the general fund of the 
Treasury to the extent necessary to incur obligations and make 
expenditures pending the receipt of collections to the Fund pursuant to 
section 620 of such Act:  Provided further, That the amount made 
available under this heading from the general fund shall be reduced as 
such collections are received during fiscal year 2011 so as to result 
in a final fiscal year 2011 appropriation from the general fund 
estimated at not more than $5,000,000 and fees pursuant to such section 
620 shall be modified as necessary to ensure such a final fiscal year 
2011 appropriation:  Provided further, That for the dispute resolution 
and installation programs, the Secretary of Housing and Urban 
Development may assess and collect fees from any program participant:  
Provided further, That such collections shall be deposited into the 
Fund, and the Secretary, as provided herein, may use such collections, 
as well as fees collected under section 620, for necessary expenses of 
such Act:  Provided further, That notwithstanding the requirements of 
section 620 of such Act, the Secretary may carry out responsibilities 
of the Secretary under such Act through the use of approved service 
providers that are paid directly by the recipients of their services.

                     Federal Housing Administration

               mutual mortgage insurance program account

                     (including transfers of funds)

    New commitments to guarantee single family loans insured under the 
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to 
remain available until September 30, 2013:  Provided, That during 
fiscal year 2012, obligations to make direct loans to carry out the 
purposes of section 204(g) of the National Housing Act, as amended, 
shall not exceed $50,000,000:  Provided further, That the foregoing 
amount in the previous proviso shall be for loans to nonprofit and 
governmental entities in connection with sales of single family real 
properties owned by the Secretary and formerly insured under the Mutual 
Mortgage Insurance Fund. For administrative contract expenses of the 
Federal Housing Administration, $206,586,000, to remain available until 
September 30, 2013, of which up to $70,652,000 may be transferred to 
and merged with the Working Capital Fund:  Provided further, That to 
the extent guaranteed loan commitments exceed $200,000,000,000 on or 
before April 1, 2012, an additional $1,400 for administrative contract 
expenses shall be available for each $1,000,000 in additional 
guaranteed loan commitments (including a pro rata amount for any amount 
below $1,000,000), but in no case shall funds made available by this 
proviso exceed $30,000,000.

                general and special risk program account

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

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 
1721(g)), shall not exceed $500,000,000,000, to remain available until 
September 30, 2013:  Provided, That $20,000,000 shall be available for 
personnel compensation and benefits, and other administrative expenses 
of the Government National Mortgage Association:  Provided further, 
That to the extent that guaranteed loan commitments will and do exceed 
$300,000,000,000, an additional $100 for personnel compensation and 
benefits, and administrative expenses shall be available until expended 
for each $1,000,000 in additional guaranteed loan commitments 
(including a pro rata amount for any amount below $1,000,000):  
Provided further, That receipts from Commitment and Multiclass fees 
collected pursuant to title III of the National Housing Act, as 
amended, shall be credited as offsetting collections to this account.

                    Policy Development and Research

                        research and technology

    For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including 
carrying out the functions of the Secretary of Housing and Urban 
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of 
1968, $45,825,000, to remain available until September 30, 2013:  
Provided, That with respect to amounts made available under this 
heading, notwithstanding section 204 of this title, the Secretary may 
enter into cooperative agreements funded with philanthropic entities, 
other Federal agencies, or State or local governments and their 
agencies for research projects:  Provided further, That with respect to 
the previous proviso, such partners to the cooperative agreements must 
contribute at least a 50 percent match toward the cost of the project:  
Provided further, That for non-competitive agreements entered into in 
accordance with the previous two provisos, the Secretary of Housing and 
Urban Development shall comply with section 2(b) of the Federal Funding 
Accountability and Transparency Act of 2006 (Public Law 109-282, 31 
U.S.C. note) in lieu of compliance with section 102(a)(4)(C) with 
respect to documentation of award decisions.

                   Fair Housing and Equal Opportunity

                        fair housing activities

    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968, as 
amended by the Fair Housing Amendments Act of 1988, and section 561 of 
the Housing and Community Development Act of 1987, as amended, 
$64,287,000, to remain available until September 30, 2013, of which 
$35,940,000 shall be to carry out activities pursuant to such section 
561:  Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may 
assess and collect fees to cover the costs of the Fair Housing Training 
Academy, and may use such funds to provide such training:  Provided 
further, That no funds made available under this heading shall be used 
to lobby the executive or legislative branches of the Federal 
Government in connection with a specific contract, grant or loan:  
Provided further, That of the funds made available under this heading, 
$300,000 shall be available to the Secretary of Housing and Urban 
Development for the creation and promotion of translated materials and 
other programs that support the assistance of persons with limited 
English proficiency in utilizing the services provided by the 
Department of Housing and Urban Development.

            Office of Healthy Homes and Lead Hazard Control

                         lead hazard reduction

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

                          Working Capital Fund

    For additional capital for the Working Capital Fund (42 U.S.C. 
3535) for the maintenance of infrastructure for Department-wide 
information technology systems, for the continuing operation and 
maintenance of both Department-wide and program-specific information 
systems, and for program-related maintenance activities, $199,035,000, 
to remain available until September 30, 2013:  Provided, That any 
amounts transferred to this Fund under this Act shall remain available 
until expended:  Provided further, That any amounts transferred to this 
Fund from amounts appropriated by previously enacted appropriations 
Acts may be used for the purposes specified under this Fund, in 
addition to any other information technology the purposes for which 
such amounts were appropriated:  Provided further, That not more than 
25 percent of the funds made available under this heading for 
Development, Modernization and Enhancement, including development and 
deployment of a Next Generation of Voucher Management System and 
development and deployment of modernized Federal Housing Administration 
systems may be obligated until the Secretary submits to the Committees 
on Appropriations a plan for expenditure that--(A) identifies for each 
modernization project: (i) the functional and performance capabilities 
to be delivered and the mission benefits to be realized, (ii) the 
estimated life-cycle cost, and (iii) key milestones to be met; (B) 
demonstrates that each modernization project is: (i) compliant with the 
department's enterprise architecture, (ii) being managed in accordance 
with applicable life-cycle management policies and guidance, (iii) 
subject to the department's capital planning and investment control 
requirements, and (iv) supported by an adequately staffed project 
office; and (C) has been reviewed by the Government Accountability 
Office.

                      Office of Inspector General

    For necessary salaries and expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978, as amended, 
$124,750,000:  Provided, That the Inspector General shall have 
independent authority over all personnel issues within this office.

                       Transformation Initiative

                     (including transfer of funds)

    Of the amounts made available in this Act under each of the 
following headings under this title, the Secretary may transfer to, and 
merge with, this account up to 0.5 percent from each such account, and 
such transferred amounts shall be available until September 30, 2014, 
for: (1) research, evaluation, and program metrics; (2) program 
demonstrations; and (3) technical assistance and capacity building:  
``Choice Neighborhoods Initiative'', ``Housing Opportunities for 
Persons With AIDS'', ``Community Development Fund'', ``HOME Investment 
Partnerships Program'', ``Self-Help and Assisted Homeownership 
Opportunity Program'', ``Homeless Assistance Grants'', ``Housing for 
the Elderly'', ``Housing for Persons With Disabilities'', ``Housing 
Counseling Assistance'', ``Payment to Manufactured Housing Fees Trust 
Fund'', ``Mutual Mortgage Insurance Program Account'', ``Lead Hazard 
Reduction'', ``Rental Housing Assistance'', and ``Fair Housing 
Activities'':  Provided, That of the amounts made available under this 
paragraph, not less than $45,000,000 shall be available for technical 
assistance and capacity building:  Provided further, That technical 
assistance activities shall include, technical assistance for HUD 
programs, including HOME, Community Development Block Grant, homeless 
programs, HOPWA, HOPE VI, Public Housing, the Housing Choice Voucher 
Program, Fair Housing Initiative Program, Housing Counseling, Healthy 
Homes, Sustainable Communities, and other technical assistance as 
determined by the Secretary:  Provided further, That the Secretary 
shall submit a plan to the House and Senate Committees on 
Appropriations for approval detailing how the funding provided under 
this heading will be allocated to each of the four categories 
identified under this heading and for what projects or activities 
funding will be used:  Provided further, That following the initial 
approval of this plan, the Secretary may amend the plan with the 
approval of the House and Senate Committees on Appropriations:  
Provided further, That with respect to amounts made available under 
this heading for research, evaluation, program metrics, and program 
demonstrations, notwithstanding section 204 of this title, the 
Secretary may make grants or enter into cooperative agreements that 
include a substantial match contribution

    General Provisions--Department of Housing and Urban Development

    Sec. 201.  Fifty percent of the amounts of budget authority, or in 
lieu thereof 50 percent of the cash amounts associated with such budget 
authority, that are recaptured from projects described in section 
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act 
of 1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of 
cash, shall be remitted to the Treasury, and such amounts of budget 
authority or cash recaptured and not rescinded or remitted to the 
Treasury shall be used by State housing finance agencies or local 
governments or local housing agencies with projects approved by the 
Secretary of Housing and Urban Development for which settlement 
occurred after January 1, 1992, in accordance with such section. 
Notwithstanding the previous sentence, the Secretary may award up to 15 
percent of the budget authority or cash recaptured and not rescinded or 
remitted to the Treasury to provide project owners with incentives to 
refinance their project at a lower interest rate.
    Sec. 202.  None of the amounts made available under this Act may be 
used during fiscal year 2012 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining of a nonfrivolous legal 
action, that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a court of 
competent jurisdiction.
    Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts 
made available under this title for fiscal year 2012 that are allocated 
under such section, the Secretary of Housing and Urban Development 
shall allocate and make a grant, in the amount determined under 
subsection (b), for any State that--
            (1) received an allocation in a prior fiscal year under 
        clause (ii) of such section; and
            (2) is not otherwise eligible for an allocation for fiscal 
        year 2012 under such clause (ii) because the areas in the State 
        outside of the metropolitan statistical areas that qualify 
        under clause (i) in fiscal year 2011 do not have the number of 
        cases of acquired immunodeficiency syndrome (AIDS) required 
        under such clause.
    (b) The amount of the allocation and grant for any State described 
in subsection (a) shall be an amount based on the cumulative number of 
AIDS cases in the areas of that State that are outside of metropolitan 
statistical areas that qualify under clause (i) of such section 
854(c)(1)(A) in fiscal year 2012, in proportion to AIDS cases among 
cities and States that qualify under clauses (i) and (ii) of such 
section and States deemed eligible under subsection (a).
    (c) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2012 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)), to the city of New York, New 
York, on behalf of the New York-Wayne-White Plains, New York-New Jersey 
Metropolitan Division (hereafter ``metropolitan division'') of the New 
York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be 
adjusted by the Secretary of Housing and Urban Development by:
            (1) allocating to the city of Jersey City, New Jersey, the 
        proportion of the metropolitan area's or division's amount that 
        is based on the number of cases of AIDS reported in the portion 
        of the metropolitan area or division that is located in Hudson 
        County, New Jersey, and adjusting for the proportion of the 
        metropolitan division's high-incidence bonus if this area in 
        New Jersey also has a higher than average per capita incidence 
        of AIDS; and
            (2) allocating to the city of Paterson, New Jersey, the 
        proportion of the metropolitan area's or division's amount that 
        is based on the number of cases of AIDS reported in the portion 
        of the metropolitan area or division that is located in Bergen 
        County and Passaic County, New Jersey, and adjusting for the 
        proportion of the metropolitan division's high incidence bonus 
        if this area in New Jersey also has a higher than average per 
        capita incidence of AIDS. The recipient cities shall use 
        amounts allocated under this subsection to carry out eligible 
        activities under section 855 of the AIDS Housing Opportunity 
        Act (42 U.S.C. 12904) in their respective portions of the 
        metropolitan division that is located in New Jersey.
    (d) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2012 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than 
average per capita incidence of AIDS, shall be adjusted by the 
Secretary on the basis of area incidence reported over a 3-year period.
    Sec. 204.  Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title II of 
this Act shall be made on a competitive basis and in accordance with 
section 102 of the Department of Housing and Urban Development Reform 
Act of 1989 (42 U.S.C. 3545).
    Sec. 205.  Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a 
contract or fee basis, and for utilizing and making payment for 
services and facilities of the Federal National Mortgage Association, 
Government National Mortgage Association, Federal Home Loan Mortgage 
Corporation, Federal Financing Bank, Federal Reserve banks or any 
member thereof, Federal Home Loan banks, and any insured bank within 
the meaning of the Federal Deposit Insurance Corporation Act, as 
amended (12 U.S.C. 1811-1).
    Sec. 206.  Unless otherwise provided for in this Act or through a 
reprogramming of funds, no part of any appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 207.  Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the Government Corporation 
Control Act are hereby authorized to make such expenditures, within the 
limits of funds and borrowing authority available to each such 
corporation or agency and in accordance with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of such Act as may be necessary in carrying out 
the programs set forth in the budget for 2012 for such corporation or 
agency except as hereinafter provided:  Provided, That collections of 
these corporations and agencies may be used for new loan or mortgage 
purchase commitments only to the extent expressly provided for in this 
Act (unless such loans are in support of other forms of assistance 
provided for in this or prior appropriations Acts), except that this 
proviso shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United States 
Government.
    Sec. 208.  The Secretary of Housing and Urban Development shall 
provide quarterly reports to the House and Senate Committees on 
Appropriations regarding all uncommitted, unobligated, recaptured and 
excess funds in each program and activity within the jurisdiction of 
the Department and shall submit additional, updated budget information 
to these Committees upon request.
    Sec. 209. (a) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2012 under section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)), to the city of 
Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''), 
shall be adjusted by the Secretary of Housing and Urban Development by 
allocating to the State of New Jersey the proportion of the 
metropolitan division's amount that is based on the number of cases of 
AIDS reported in the portion of the metropolitan division that is 
located in New Jersey, and adjusting for the proportion of the 
metropolitan division's high incidence bonus if this area in New Jersey 
also has a higher than average per capita incidence of AIDS. The State 
of New Jersey shall use amounts allocated to the State under this 
subsection to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the 
metropolitan division that is located in New Jersey.
    (b) Notwithstanding any other provision of law, the Secretary of 
Housing and Urban Development shall allocate to Wake County, North 
Carolina, the amounts that otherwise would be allocated for fiscal year 
2012 under section 854(c) of the AIDS Housing Opportunity Act (42 
U.S.C. 12903(c)) to the city of Raleigh, North Carolina, on behalf of 
the Raleigh-Cary North Carolina Metropolitan Statistical Area. Any 
amounts allocated to Wake County shall be used to carry out eligible 
activities under section 855 of such Act (42 U.S.C. 12904) within such 
metropolitan statistical area.
    (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity 
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban 
Development may adjust the allocation of the amounts that otherwise 
would be allocated for fiscal year 2012 under section 854(c) of such 
Act, upon the written request of an applicant, in conjunction with the 
State(s), for a formula allocation on behalf of a metropolitan 
statistical area, to designate the State or States in which the 
metropolitan statistical area is located as the eligible grantee(s) of 
the allocation. In the case that a metropolitan statistical area 
involves more than one State, such amounts allocated to each State 
shall be in proportion to the number of cases of AIDS reported in the 
portion of the metropolitan statistical area located in that State. Any 
amounts allocated to a State under this section shall be used to carry 
out eligible activities within the portion of the metropolitan 
statistical area located in that State.
    Sec. 210  The President's formal budget request for fiscal year 
2013, as well as the Department of Housing and Urban Development's 
congressional budget justifications to be submitted to the Committees 
on Appropriations of the House of Representatives and the Senate, shall 
use the identical account and sub-account structure provided under this 
Act.
    Sec. 211.  A public housing agency or such other entity that 
administers Federal housing assistance for the Housing Authority of the 
county of Los Angeles, California, the States of Alaska, Iowa, and 
Mississippi shall not be required to include a resident of public 
housing or a recipient of assistance provided under section 8 of the 
United States Housing Act of 1937 on the board of directors or a 
similar governing board of such agency or entity as required under 
section (2)(b) of such Act. Each public housing agency or other entity 
that administers Federal housing assistance under section 8 for the 
Housing Authority of the county of Los Angeles, California and the 
States of Alaska, Iowa and Mississippi that chooses not to include a 
resident of public housing or a recipient of section 8 assistance on 
the board of directors or a similar governing board shall establish an 
advisory board of not less than six residents of public housing or 
recipients of section 8 assistance to provide advice and comment to the 
public housing agency or other administering entity on issues related 
to public housing and section 8. Such advisory board shall meet not 
less than quarterly.
    Sec. 212. (a) Notwithstanding any other provision of law, subject 
to the conditions listed in subsection (b), for fiscal years 2012 and 
2013, the Secretary of Housing and Urban Development may authorize the 
transfer of some or all project-based assistance, debt and statutorily 
required low-income and very low-income use restrictions, associated 
with one or more multifamily housing project to another multifamily 
housing project or projects.
    (b) Phased Transfers.--Transfers of project-based assistance under 
this section may be done in phases to accommodate the financing and 
other requirements related to rehabilitating or constructing the 
project or projects to which the assistance is transferred, to ensure 
that such project or projects meet the standards under section (c).
    (c) The transfer authorized in subsection (a) is subject to the 
following conditions:
            (1) Number and bedroom size of units.--
                    (A) For occupied units in the transferring project: 
                the number of low-income and very low-income units and 
                the configuration (i.e. bedroom size) provided by the 
                transferring project shall be no less than when 
                transferred to the receiving project or projects and 
                the net dollar amount of Federal assistance provided by 
                the transferring project shall remain the same in the 
                receiving project or projects.
                    (B) For unoccupied units in the transferring 
                project: the Secretary may authorize a reduction in the 
                number of dwelling units in the receiving project or 
                projects to allow for a reconfiguration of bedroom 
                sizes to meet current market demands, as determined by 
                the Secretary and provided there is no increase in the 
                project-based section 8 budget authority.
            (2) The transferring project shall, as determined by the 
        Secretary, be either physically obsolete or economically 
        nonviable.
            (3) The receiving project or projects shall meet or exceed 
        applicable physical standards established by the Secretary.
            (4) The owner or mortgagor of the transferring project 
        shall notify and consult with the tenants residing in the 
        transferring project and provide a certification of approval by 
        all appropriate local governmental officials.
            (5) The tenants of the transferring project who remain 
        eligible for assistance to be provided by the receiving project 
        or projects shall not be required to vacate their units in the 
        transferring project or projects until new units in the 
        receiving project are available for occupancy.
            (6) The Secretary determines that this transfer is in the 
        best interest of the tenants.
            (7) If either the transferring project or the receiving 
        project or projects meets the condition specified in subsection 
        (d)(2)(A), any lien on the receiving project resulting from 
        additional financing obtained by the owner shall be subordinate 
        to any FHA-insured mortgage lien transferred to, or placed on, 
        such project by the Secretary, except that the Secretary may 
        waive this requirement upon determination that such a waiver is 
        necessary to facilitate the financing of acquisition, 
        construction, and/or rehabilitation of the receiving project or 
        projects.
            (8) If the transferring project meets the requirements of 
        subsection (c)(2)(E), the owner or mortgagor of the receiving 
        project or projects shall execute and record either a 
        continuation of the existing use agreement or a new use 
        agreement for the project where, in either case, any use 
        restrictions in such agreement are of no lesser duration than 
        the existing use restrictions.
    (d) For purposes of this section--
            (1) the terms ``low-income'' and ``very low-income'' shall 
        have the meanings provided by the statute and/or regulations 
        governing the program under which the project is insured or 
        assisted;
            (2) the term ``multifamily housing project'' means housing 
        that meets one of the following conditions--
                    (A) housing that is subject to a mortgage insured 
                under the National Housing Act;
                    (B) housing that has project-based assistance 
                attached to the structure including projects undergoing 
                mark to market debt restructuring under the Multifamily 
                Assisted Housing Reform and Affordability Housing Act;
                    (C) housing that is assisted under section 202 of 
                the Housing Act of 1959 as amended by section 801 of 
                the Cranston-Gonzales National Affordable Housing Act;
                    (D) housing that is assisted under section 202 of 
                the Housing Act of 1959, as such section existed before 
                the enactment of the Cranston-Gonzales National 
                Affordable Housing Act; or
                    (E) housing or vacant land that is subject to a use 
                agreement;
            (3) the term ``project-based assistance'' means--
                    (A) assistance provided under section 8(b) of the 
                United States Housing Act of 1937;
                    (B) assistance for housing constructed or 
                substantially rehabilitated pursuant to assistance 
                provided under section 8(b)(2) of such Act (as such 
                section existed immediately before October 1, 1983);
                    (C) rent supplement payments under section 101 of 
                the Housing and Urban Development Act of 1965;
                    (D) interest reduction payments under section 236 
                and/or additional assistance payments under section 
                236(f)(2) of the National Housing Act;
                    (E) assistance payments made under section 
                202(c)(2) of the Housing Act of 1959; and
                    (F) assistance payments made under section 
                811(d)(2) of the Housing Act of 1959;
            (4) the term ``receiving project or projects'' means the 
        multifamily housing project or projects to which some or all of 
        the project-based assistance, debt, and statutorily required 
        use low-income and very low-income restrictions are to be 
        transferred;
            (5) the term ``transferring project'' means the multifamily 
        housing project which is transferring some or all of the 
        project-based assistance, debt and the statutorily required 
        low-income and very low-income use restrictions to the 
        receiving project or projects; and
            (6) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development.
    Sec. 213.  The funds made available for Native Alaskans under the 
heading ``Native American Housing Block Grants'' in title III of this 
Act shall be allocated to the same Native Alaskan housing block grant 
recipients that received funds in fiscal year 2005.
    Sec. 214.  No funds provided under this title may be used for an 
audit of the Government National Mortgage Association that makes 
applicable requirements under the Federal Credit Reform Act of 1990 (2 
U.S.C. 661 et seq.).
    Sec. 215. (a) No assistance shall be provided under section 8 of 
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any 
individual who--
            (1) is enrolled as a student at an institution of higher 
        education (as defined under section 102 of the Higher Education 
        Act of 1965 (20 U.S.C. 1002));
            (2) is under 24 years of age;
            (3) is not a veteran;
            (4) is unmarried;
            (5) does not have a dependent child;
            (6) is not a person with disabilities, as such term is 
        defined in section 3(b)(3)(E) of the United States Housing Act 
        of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
        assistance under such section 8 as of November 30, 2005; and
            (7) is not otherwise individually eligible, or has parents 
        who, individually or jointly, are not eligible, to receive 
        assistance under section 8 of the United States Housing Act of 
        1937 (42 U.S.C. 1437f).
    (b) For purposes of determining the eligibility of a person to 
receive assistance under section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts 
received for tuition) that an individual receives under the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, 
or an institution of higher education (as defined under the Higher 
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to 
that individual, except for a person over the age of 23 with dependent 
children.
    Sec. 216.  Notwithstanding the limitation in the first sentence of 
section 255(g) of the National Housing Act (12 U.S.C. 1715z-g), the 
Secretary of Housing and Urban Development may, until September 30, 
2012, insure and enter into commitments to insure mortgages under 
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20).
    Sec. 217.  Notwithstanding any other provision of law, in fiscal 
year 2011, in managing and disposing of any multifamily property that 
is owned or has a mortgage held by the Secretary of Housing and Urban 
Development, and during the process of foreclosure on any property with 
a contract for rental assistance payments under section 8 of the United 
States Housing Act of 1937 or other Federal programs, the Secretary 
shall maintain any rental assistance payments under section 8 of the 
United States Housing Act of 1937 and other programs that are attached 
to any dwelling units in the property. To the extent the Secretary 
determines, in consultation with the tenants and the local government, 
that such a multifamily property owned or held by the Secretary is not 
feasible for continued rental assistance payments under such section 8 
or other programs, based on consideration of (1) the costs of 
rehabilitating and operating the property and all available Federal, 
State, and local resources, including rent adjustments under section 
524 of the Multifamily Assisted Housing Reform and Affordability Act of 
1997 (``MAHRAA'') and (2) environmental conditions that cannot be 
remedied in a cost-effective fashion, the Secretary may, in 
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other 
existing housing properties, or provide other rental assistance. The 
Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the 
exercise of contractual abatement remedies to assist relocation of 
tenants for imminent major threats to health and safety after written 
notice to and informed consent of the affected tenants and use of other 
available remedies, such as partial abatements or receivership. After 
disposition of any multifamily property described under this section, 
the contract and allowable rent levels on such properties shall be 
subject to the requirements under section 524 of MAHRAA.
    Sec. 218.  During fiscal year 2012, in the provision of rental 
assistance under section 8(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the 
economy and effectiveness of providing such assistance for use in 
assisted living facilities that is carried out in the counties of the 
State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of 
such section 8(o), a family residing in an assisted living facility in 
any such county, on behalf of which a public housing agency provides 
assistance pursuant to section 8(o)(18) of such Act, may be required, 
at the time the family initially receives such assistance, to pay rent 
in an amount exceeding 40 percent of the monthly adjusted income of the 
family by such a percentage or amount as the Secretary of Housing and 
Urban Development determines to be appropriate.
    Sec. 219.  The Secretary of Housing and Urban Development shall 
report quarterly to the House of Representatives and Senate Committees 
on Appropriations on HUD's use of all sole-source contracts, including 
terms of the contracts, cost, and a substantive rationale for using a 
sole-source contract.
    Sec. 220.  Notwithstanding any other provision of law, the 
recipient of a grant under section 202b of the Housing Act of 1959 (12 
U.S.C. 1701q) after December 26, 2000, in accordance with the 
unnumbered paragraph at the end of section 202(b) of such Act, may, at 
its option, establish a single-asset nonprofit entity to own the 
project and may lend the grant funds to such entity, which may be a 
private nonprofit organization described in section 831 of the American 
Homeownership and Economic Opportunity Act of 2000.
    Sec. 221. (a) The amounts provided under the subheading ``Program 
Account'' under the heading ``Community Development Loan Guarantees'' 
may be used to guarantee, or make commitments to guarantee, notes, or 
other obligations issued by any State on behalf of nonentitlement 
communities in the State in accordance with the requirements of section 
108 of the Housing and Community Development Act of 1974 in fiscal year 
2012 and subsequent years:  Provided, That, any State receiving such a 
guarantee or commitment shall distribute all funds subject to such 
guarantee to the units of general local government in nonentitlement 
areas that received the commitment.
    (b) Not later than 60 days after the date of enactment of this Act, 
the Secretary of Housing and Urban Development shall promulgate 
regulations governing the administration of the funds described under 
subsection (a).
    Sec. 222.  Section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v) is amended--
            (1) in subsection (m)(1), by striking ``fiscal year'' and 
        all that follows through the period at the end and inserting 
        ``fiscal year 2012.''; and
            (2) in subsection (o), by striking ``September'' and all 
        that follows through the period at the end and inserting 
        ``September 30, 2012.''.
    Sec. 223.  Public housing agencies that own and operate 400 or 
fewer public housing units may elect to be exempt from any asset 
management requirement imposed by the Secretary of Housing and Urban 
Development in connection with the operating fund rule:  Provided, That 
an agency seeking a discontinuance of a reduction of subsidy under the 
operating fund formula shall not be exempt from asset management 
requirements.
    Sec. 224.  With respect to the use of amounts provided in this Act 
and in future Acts for the operation, capital improvement and 
management of public housing as authorized by sections 9(d) and 9(e) of 
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 
Secretary shall not impose any requirement or guideline relating to 
asset management that restricts or limits in any way the use of capital 
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2) 
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):  
Provided, That a public housing agency may not use capital funds 
authorized under section 9(d) for activities that are eligible under 
section 9(e) for assistance with amounts from the operating fund in 
excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
    Sec. 225.  No official or employee of the Department of Housing and 
Urban Development shall be designated as an allotment holder unless the 
Office of the Chief Financial Officer has determined that such 
allotment holder has implemented an adequate system of funds control 
and has received training in funds control procedures and directives. 
The Chief Financial Officer shall ensure that, not later than 90 days 
after the date of enactment of this Act, a trained allotment holder 
shall be designated for each HUD subaccount under the heading 
``Administration, Operations, and Management'' as well as each account 
receiving appropriations for ``Program Office Salaries and Expenses'' 
within the Department of Housing and Urban Development.
    Sec. 226.  The Secretary of Housing and Urban Development shall 
report quarterly to the House and Senate Committees on Appropriations 
on the status of all section 8 project-based housing, including the 
number of all project-based units by region as well as an analysis of 
all federally subsidized housing being refinanced under the Mark-to-
Market program. The Secretary shall in the report identify all existing 
units maintained by region as section 8 project-based units and all 
project-based units that have opted out of section 8 or have otherwise 
been eliminated as section 8 project-based units. The Secretary shall 
identify in detail and by project all the efforts made by the 
Department to preserve all section 8 project-based housing units and 
all the reasons for any units which opted out or otherwise were lost as 
section 8 project-based units. Such analysis shall include a review of 
the impact of the loss of any subsidized units in that housing 
marketplace, such as the impact of cost and the loss of available 
subsidized, low-income housing in areas with scarce housing resources 
for low-income families.
    Sec. 227.  Payment of attorney fees in program-related litigation 
must be paid from individual program office personnel benefits and 
compensation funding. The annual budget submission for program office 
personnel benefit and compensation funding must include program-related 
litigation costs for attorney fees as a separate line item request.
    Sec. 228.  The Secretary of the Department of Housing and Urban 
Development shall for fiscal year 2012 and subsequent fiscal years, 
notify the public through the Federal Register and other means, as 
determined appropriate, of the issuance of a notice of the availability 
of assistance or notice of funding availability (NOFA) for any program 
or discretionary fund administered by the Secretary that is to be 
competitively awarded. Notwithstanding any other provision of law, for 
fiscal year 2012 and subsequent fiscal years, the Secretary may make 
the NOFA available only on the Internet at the appropriate Government 
Web site or through other electronic media, as determined by the 
Secretary.
    Sec. 229.  No property identified by the Secretary of Housing and 
Urban Development as surplus Federal property for use to assist the 
homeless shall be made available to any homeless group unless the group 
is a member in good standing under any of HUD's homeless assistance 
programs or is in good standing with any other program which receives 
funds from any other Federal or State agency or entity:  Provided, That 
an exception may be made for an entity not involved with Federal 
homeless programs to use surplus Federal property for the homeless only 
after the Secretary or another responsible Federal agency has fully and 
comprehensively reviewed all relevant finances of the entity, the track 
record of the entity in assisting the homeless, the ability of the 
entity to manage the property, including all costs, the ability of the 
entity to administer homeless programs in a manner that is effective to 
meet the needs of the homeless population that is expected to use the 
property and any other related issues that demonstrate a commitment to 
assist the homeless:  Provided further, That the Secretary shall not 
require the entity to have cash in hand in order to demonstrate 
financial ability but may rely on the entity's prior demonstrated fund-
raising ability or commitments for in-kind donations of goods and 
services:  Provided further, That the Secretary shall make all such 
information and its decision regarding the award of the surplus 
property available to the committees of jurisdiction, including a full 
justification of the appropriateness of the use of the property to 
assist the homeless as well as the appropriateness of the group seeking 
to obtain the property to use such property to assist the homeless:  
Provided further, That, this section shall apply to properties in 
fiscal years 2011 and 2012 made available as surplus Federal property 
for use to assist the homeless.
    Sec. 230.  The Secretary of the Department of Housing and Urban 
Development is authorized to transfer up to 5 percent or $5,000,000, 
whichever is less, of the funds made available for salaries and 
expenses under any account or any set-aside within any account under 
this title under the general heading ``Program Office Salaries and 
Expenses'', and under the account heading ``Administration, Operations 
and Management'', to any other such account or any other such set-aside 
within any such account:  Provided, That no appropriation for salaries 
and expenses in any such account or set-aside shall be increased or 
decreased by more than 5 percent or $5,000,000, whichever is less, 
without prior written approval of the House and Senate Committees on 
Appropriations.
    Sec. 231.  The Disaster Housing Assistance Programs, administered 
by the Department of Housing and Urban Development, shall be considered 
a ``program of the Department of Housing and Urban Development'' under 
section 904 of the McKinney Act for the purpose of income verifications 
and matching.
    Sec. 232.  Of the amounts made available for salaries and expenses 
under all accounts under this title (except for the Office of Inspector 
General account), a total of up to $10,000,000 may be transferred to 
and merged with amounts made available in the ``Working Capital Fund'' 
account under this title.
    Sec. 233.  Title II of division I of Public Law 108-447 and title 
III of Public Law 109-115 are each amended by striking the item related 
to ``Flexible Subsidy Fund''.
    Sec. 234.  The Secretary of Housing and Urban Development may 
increase, pursuant to this section, the number of Moving-to-Work 
agencies authorized under section 204, title II, of the Departments of 
Veterans Affairs and Housing and Urban Development and Independent 
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321) 
by adding to the program up to three Public Housing Agencies that are 
High Performing Agencies under the Public Housing Assessment System 
(PHAS) or the Section Eight Management Assessment Program (SEMAP). No 
PHA shall be granted this designation through this section that 
administers in excess of 10,000 aggregate housing vouchers and public 
housing units. No PHA granted this designation through this section 
shall receive more funding under sections 8 or 9 of the United States 
Housing Act of 1937 than they otherwise would have received absent this 
designation. In addition to other reporting requirements, all Moving-
to-Work agencies shall report financial data to the Department of 
Housing and Urban Development as specified by the Secretary, so that 
the effect of Moving-to-Work policy changes can be measured.
    Sec. 235.  Of the unobligated balances remaining from funds 
appropriated under the heading ``Tenant-Based Rental Assistance'' under 
the ``Full-Year Continuing Appropriations Act, 2011'', $750,000,000 are 
rescinded from the $4,000,000,000 which are available on October 1, 
2011:  Provided, That such amounts may be derived from reductions to 
public housing agencies' calendar year 2012 allocations based on the 
excess amounts of public housing agencies' net restricted assets 
accounts, including the net restricted assets of MTW agencies (in 
accordance with VMS data in calendar year 2011 that is verifiable and 
complete), as determined by the Secretary:  Provided further, That in 
making such adjustments, the Secretary shall preserve public housing 
authority reserves at no less than one month, to the extent 
practicable.
    Sec. 236.  The United States Housing Act of 1937 (42 U.S.C. 1437) 
is amended--
            (1) in section 3(a)(1) by inserting before the period at 
        the end of the second sentence the following: ``, except in the 
        case of any family with a fixed income, as defined by the 
        Secretary, after the initial review of the family's income, the 
        public housing agency or owner shall not be required to conduct 
        a review of the family's income for any year for which such 
        family certifies, in accordance with such requirements as the 
        Secretary shall establish, that 90 percent or more of the 
        income of the family consists of fixed income, and that the 
        sources of such income have not changed since the previous 
        year, except that the public housing agency or owner shall 
        conduct a review of each such family's income not less than 
        once every 3 years'';
            (2) in section 3(b)(2) by inserting after the second 
        sentence the following new sentence: ``The term `extremely low-
        income families' means very low-income families whose incomes 
        do not exceed the higher of (A) the poverty guidelines updated 
        periodically by the Department of Health and Human Services 
        under the authority of section 673(2) of the Community Services 
        Block Grant Act (42 U.S.C. 9902(2)), applicable to a family of 
        the size involved; or (B) 30 percent of the median family 
        income for the area, as determined by the Secretary, with 
        adjustments for smaller and larger families, except that the 
        Secretary may establish income ceilings higher or lower than 30 
        percent of the median for the area on the basis of the 
        Secretary's findings that such variations are necessary because 
        of unusually high or low family incomes, and except that clause 
        (A) of this sentence shall not apply in the case of public 
        housing agencies located in Puerto Rico or any other territory 
        or possession of the United States.'';
            (3) in paragraph (2) of section 3(b) by adding at the end 
        the following new sentence: ``The Secretary shall periodically, 
        but not less than annually, determine or establish area median 
        incomes and income ceilings and limits in accordance with this 
        paragraph'';
            (4) in section 3(b)(5)(A)--
                    (A) in clause (i) by striking ``$400'' and 
                inserting in lieu thereof ``$675''; and
                    (B) in clause (ii), in the matter preceding 
                subclause (I), by striking ``3 percent'' and inserting 
                in lieu thereof ``10 percent'';
            (5) in paragraph (1) of section 8(c)--
                    (A) by inserting ``(A)'' after the paragraph 
                designation;
                    (B) by striking the fourth, fifth, seventh, eighth, 
                ninth, and tenth sentences; and
                    (C) by adding at the end the following:
                    ``(B) Fair market rentals for an area shall be 
                published not less than annually by the Secretary on 
                the Department's Web site and in any other manner 
                specified by the Secretary. The Secretary shall publish 
                notice of the publication of such fair market rentals 
                in the Federal Register, and such fair market rentals 
                shall become effective no earlier than 30 days after 
                the date of such publication. The Secretary shall 
                establish a procedure for public housing agencies and 
                other interested parties to comment on such fair market 
                rentals and to request, within a time specified by the 
                Secretary, reevaluation of the fair market rental in a 
                jurisdiction. The Secretary shall publish for comment 
                in the Federal Register notices of proposed material 
                changes in the methodology for estimating fair market 
                rentals and notices specifying the final decisions 
                regarding such proposed substantial methodological 
                changes and responses to public comments.'';
            (6) in subparagraph (B) of section 8(o)(1) by inserting 
        before the period at the end the following: ``, except that no 
        public housing agency shall be required as a result of a 
        reduction in the fair market rental to reduce the payment 
        standard applied to a family continuing to reside in a unit for 
        which the family was receiving assistance under this section at 
        the time the fair market rental was reduced. The Secretary 
        shall allow public housing agencies to request exception 
        payment standards within fair market rental areas subject to 
        criteria and procedures established by the Secretary'';
            (7) in subparagraph (D) of section 8(o)(1) by inserting 
        before the period at the end the following: ``except that a 
        public housing agency may establish a payment standard of not 
        more than 120 percent of the fair market rent, where necessary, 
        as a reasonable accommodation for a person with a disability, 
        without approval of the Secretary. A public housing agency may 
        seek approval of the Secretary to use a payment standard 
        greater than 120 percent of the fair market rent as a 
        reasonable accommodation for a disabled family or other family 
        with a person with a disability. In connection with the use of 
        any increased payment standard established or approved pursuant 
        to either of the preceding two sentences as a reasonable 
        accommodation for a person with a disability, the Secretary may 
        not establish additional requirements regarding the amount of 
        adjusted income paid by such person for rent'';
            (8) in section 16(a)(2)(A) by striking ``families whose 
        incomes'' and all that follows through ``low family incomes'' 
        and inserting in lieu thereof ``extremely low-income 
        families'';
            (9) in section 16(b)(1) by striking ``families whose 
        incomes'' and all that follows through ``low family incomes'' 
        and inserting in lieu thereof ``extremely low-income 
        families''; and
            (10) in section 16(c)(3) by striking ``families whose 
        incomes'' and all that follows through ``low family incomes'' 
        and inserting in lieu thereof ``extremely low-income 
        families''.
    Sec. 236.  Section 579 of the Multifamily Assisted Housing Reform 
and Affordability Act of 1997 (42 U.S.C. 1437f) is amended by striking 
``October 1, 2011'' each place it appears and inserting in lieu thereof 
``October 1, 2015''.

                               TITLE III

                            RELATED AGENCIES

                              Access Board

                         salaries and expenses

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

                      Federal Maritime Commission

                         salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefore, as authorized by 
5 U.S.C. 5901-5902, $24,100,000.

  National Railroad Passenger Corporation Office of Inspector General

                      office of inspector general

                         salaries and expenses

    For necessary expenses of the Office of Inspector General for the 
National Railroad Passenger Corporation to carry out the provisions of 
the Inspector General Act of 1978, as amended, $19,311,000:  Provided, 
That the Inspector General shall have all necessary authority, in 
carrying out the duties specified in the Inspector General Act, as 
amended (5 U.S.C. App. 3), to investigate allegations of fraud, 
including false statements to the government (18 U.S.C. 1001), by any 
person or entity that is subject to regulation by the National Railroad 
Passenger Corporation:  Provided further, That the Inspector General 
may enter into contracts and other arrangements for audits, studies, 
analyses, and other services with public agencies and with private 
persons, subject to the applicable laws and regulations that govern the 
obtaining of such services within the National Railroad Passenger 
Corporation:  Provided further, That the Inspector General may select, 
appoint, and employ such officers and employees as may be necessary for 
carrying out the functions, powers, and duties of the Office of 
Inspector General, subject to the applicable laws and regulations that 
govern such selections, appointments, and employment within Amtrak:  
Provided further, That concurrent with the President's budget request 
for fiscal year 2013, the Inspector General shall submit to the House 
and Senate Committees on Appropriations a budget request for fiscal 
year 2013 in similar format and substance to those submitted by 
executive agencies of the Federal Government.

                  National Transportation Safety Board

                         salaries and expenses

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for a GS-15; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902), 
$99,275,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses. The amounts made available to 
the National Transportation Safety Board in this Act include amounts 
necessary to make lease payments on an obligation incurred in fiscal 
year 2001 for a capital lease.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $135,000,000, of 
which $5,000,000 shall be for a multi-family rental housing program:  
Provided, That in addition, $65,000,000 shall be made available until 
expended to the Neighborhood Reinvestment Corporation for mortgage 
foreclosure mitigation activities, under the following terms and 
conditions:
            (1) The Neighborhood Reinvestment Corporation (``NRC'') 
        shall make grants to counseling intermediaries approved by the 
        Department of Housing and Urban Development (HUD) (with match 
        to be determined by the NRC based on affordability and the 
        economic conditions of an area; a match also may be waived by 
        the NRC based on the aforementioned conditions) to provide 
        mortgage foreclosure mitigation assistance primarily to States 
        and areas with high rates of defaults and foreclosures to help 
        eliminate the default and foreclosure of mortgages of owner-
        occupied single-family homes that are at risk of such 
        foreclosure. Other than areas with high rates of defaults and 
        foreclosures, grants may also be provided to approved 
        counseling intermediaries based on a geographic analysis of the 
        Nation by the NRC which determines where there is a prevalence 
        of mortgages that are risky and likely to fail, including any 
        trends for mortgages that are likely to default and face 
        foreclosure. A State Housing Finance Agency may also be 
        eligible where the State Housing Finance Agency meets all the 
        requirements under this paragraph. A HUD-approved counseling 
        intermediary shall meet certain mortgage foreclosure mitigation 
        assistance counseling requirements, as determined by the NRC, 
        and shall be approved by HUD or the NRC as meeting these 
        requirements.
            (2) Mortgage foreclosure mitigation assistance shall only 
        be made available to homeowners of owner-occupied homes with 
        mortgages in default or in danger of default. These mortgages 
        shall likely be subject to a foreclosure action and homeowners 
        will be provided such assistance that shall consist of 
        activities that are likely to prevent foreclosures and result 
        in the long-term affordability of the mortgage retained 
        pursuant to such activity or another positive outcome for the 
        homeowner. No funds made available under this paragraph may be 
        provided directly to lenders or homeowners to discharge 
        outstanding mortgage balances or for any other direct debt 
        reduction payments.
            (3) The use of Mortgage Foreclosure Mitigation Assistance 
        by approved counseling intermediaries and State Housing Finance 
        Agencies shall involve a reasonable analysis of the borrower's 
        financial situation, an evaluation of the current value of the 
        property that is subject to the mortgage, counseling regarding 
        the assumption of the mortgage by another non-Federal party, 
        counseling regarding the possible purchase of the mortgage by a 
        non-Federal third party, counseling and advice of all likely 
        restructuring and refinancing strategies or the approval of a 
        work-out strategy by all interested parties.
            (4) NRC may provide up to 15 percent of the total funds 
        under this paragraph to its own charter members with expertise 
        in foreclosure prevention counseling, subject to a 
        certification by the NRC that the procedures for selection do 
        not consist of any procedures or activities that could be 
        construed as an unacceptable conflict of interest or have the 
        appearance of impropriety.
            (5) HUD-approved counseling entities and State Housing 
        Finance Agencies receiving funds under this paragraph shall 
        have demonstrated experience in successfully working with 
        financial institutions as well as borrowers facing default, 
        delinquency and foreclosure as well as documented counseling 
        capacity, outreach capacity, past successful performance and 
        positive outcomes with documented counseling plans (including 
        post mortgage foreclosure mitigation counseling), loan workout 
        agreements and loan modification agreements. NRC may use other 
        criteria to demonstrate capacity in underserved areas.
            (6) Of the total amount made available under this 
        paragraph, up to $3,000,000 may be made available to build the 
        mortgage foreclosure and default mitigation counseling capacity 
        of counseling intermediaries through NRC training courses with 
        HUD-approved counseling intermediaries and their partners, 
        except that private financial institutions that participate in 
        NRC training shall pay market rates for such training.
            (7) Of the total amount made available under this 
        paragraph, up to 4 percent may be used for associated 
        administrative expenses for the NRC to carry out activities 
        provided under this section.
            (8) Mortgage foreclosure mitigation assistance grants may 
        include a budget for outreach and advertising, and training, as 
        determined by the NRC.
            (9) The NRC shall continue to report bi-annually to the 
        House and Senate Committees on Appropriations as well as the 
        Senate Banking Committee and House Financial Services Committee 
        on its efforts to mitigate mortgage default.

           United States Interagency Council on Homelessness

                           operating expenses

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms, and the employment of experts and consultants under section 3109 
of title 5, United States Code) of the United States Interagency 
Council on Homelessness in carrying out the functions pursuant to title 
II of the McKinney-Vento Homeless Assistance Act, as amended, 
$3,640,000.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401.  Such sums as may be necessary for fiscal year 2012 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 402.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 403.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 404.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to section 
3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 405.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2012, or provided from any 
accounts in the Treasury derived by the collection of fees and 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that:
            (1) creates a new program;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        the Congress;
            (4) proposes to use funds directed for a specific activity 
        by either the House or Senate Committees on Appropriations for 
        a different purpose;
            (5) augments existing programs, projects, or activities in 
        excess of $5,000,000 or 10 percent, whichever is less;
            (6) reduces existing programs, projects, or activities by 
        $5,000,000 or 10 percent, whichever is less; or
            (7) creates, reorganizes, or restructures a branch, 
        division, office, bureau, board, commission, agency, 
        administration, or department different from the budget 
        justifications submitted to the Committees on Appropriations or 
        the table accompanying the explanatory statement accompanying 
        this Act, whichever is more detailed, unless prior approval is 
        received from the House and Senate Committees on 
        Appropriations:  Provided, That not later than 60 days after 
        the date of enactment of this Act, each agency funded by this 
        Act shall submit a report to the Committees on Appropriations 
        of the Senate and of the House of Representatives to establish 
        the baseline for application of reprogramming and transfer 
        authorities for the current fiscal year:  Provided further, 
        That the report shall include:
                    (A) a table for each appropriation with a separate 
                column to display the President's budget request, 
                adjustments made by Congress, adjustments due to 
                enacted rescissions, if appropriate, and the fiscal 
                year enacted level;
                    (B) a delineation in the table for each 
                appropriation both by object class and program, 
                project, and activity as detailed in the budget 
                appendix for the respective appropriation; and
                    (C) an identification of items of special 
                congressional interest:  Provided further, That the 
                amount appropriated or limited for salaries and 
                expenses for an agency shall be reduced by $100,000 per 
                day for each day after the required date that the 
                report has not been submitted to the Congress.
    Sec. 406.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2012 from appropriations made available for salaries 
and expenses for fiscal year 2012 in this Act, shall remain available 
through September 30, 2013, for each such account for the purposes 
authorized:  Provided, That a request shall be submitted to the House 
and Senate Committees on Appropriations for approval prior to the 
expenditure of such funds:  Provided further, That these requests shall 
be made in compliance with reprogramming guidelines under section 405 
of this Act.
    Sec. 407.  All Federal agencies and departments that are funded 
under this Act shall issue a report to the House and Senate Committees 
on Appropriations on all sole-source contracts by no later than July 
30, 2012. Such report shall include the contractor, the amount of the 
contract and the rationale for using a sole-source contract.
    Sec. 408. (a) None of the funds made available in this Act may be 
obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 409.  No funds in this Act may be used 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:  Provided, 
That for purposes of this section, public use shall not be construed to 
include economic development that primarily benefits private entities:  
Provided further, That any use of funds for mass transit, railroad, 
airport, seaport or highway projects as well as utility projects which 
benefit or serve the general public (including energy-related, 
communication-related, water-related and wastewater-related 
infrastructure), other structures designated for use by the general 
public or which have other common-carrier or public-utility functions 
that serve the general public and are subject to regulation and 
oversight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownsfield as defined 
in the Small Business Liability Relief and Brownsfield Revitalization 
Act (Public Law 107-118) shall be considered a public use for purposes 
of eminent domain.
    Sec. 410.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 411.  No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has 
within 90 days after his release from such service or from 
hospitalization continuing after discharge for a period of not more 
than 1 year, made application for restoration to his former position 
and has been certified by the Office of Personnel Management as still 
qualified to perform the duties of his former position and has not been 
restored thereto.
    Sec. 412.  No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').
    Sec. 413.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 414.  None of the funds made available in this Act may be used 
for first-class airline accommodations in contravention of sections 
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
    Sec. 415.  None of the funds made available in this Act may be used 
to purchase a light bulb for an office building unless the light bulb 
has, to the extent practicable, an Energy Star or Federal Energy 
Management Program designation.
    Sec. 416.  None of the funds made available in this Act may be used 
to establish, issue, implement, administer, or enforce any prohibition 
or restriction on the establishment or effectiveness of any occupancy 
preference for veterans in supportive housing for the elderly that:
            (1) is provided assistance by the Department of Housing and 
        Urban Development; and
            (2) is or would be located on property of the Department of 
        Veterans Affairs; or
            (3) is subject to an enhanced use lease with the Department 
        of Veterans Affairs.
    Sec. 417.  None of the funds made available under this Act or any 
prior Act may be provided to the Association of Community Organizations 
for Reform Now (ACORN), or any of its affiliates, subsidiaries, or 
allied organizations.
    Sec. 418.  Concurrent with the issuance of any notice of funding 
availability or any other notice designed to solicit applications for a 
program through which grants or credit assistance are awarded through a 
competitive process, the Secretary of Transportation and the Secretary 
of Housing and Urban Development shall post on their Web sites 
information about such program, including, but not limited to, the 
goals of the program, the criteria that will be used in awarding grants 
or credit assistance, and the process by which applications will be 
selected for the award of a grant or credit assistance:  Provided, That 
concurrent with the public announcement of grants or credit assistance 
to be awarded through such competitive program, the Secretary of 
Transportation and the Secretary of Housing and Urban Development shall 
post on their Web sites information on each applicant to be awarded a 
grant or credit assistance, including, but not limited to, the name and 
address of the applicant, the amount of the grant or credit assistance 
to be awarded, the amount of financing expected from other sources, and 
an explanation of how such award is consistent with program goals.
    This Act may be cited as the ``Transportation, Housing and Urban 
Development, and Related Agencies Appropriations Act, 2012''.
                                                       Calendar No. 177

112th CONGRESS

  1st Session

                                S. 1596

                          [Report No. 112-83]

_______________________________________________________________________

                                 A BILL

   Making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
           ending September 30, 2012, and for other purposes.

_______________________________________________________________________

                           September 21, 2011

                 Read twice and placed on the calendar
```