II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Transportation, and Housing and Urban 
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1 Development, and related agencies for the fiscal year end2 ing September 30, 2012, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF TRANSPORTATION 

5 OFFICE OF THE SECRETARY

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Secretary, 

8 $102,202,000, of which not to exceed $2,618,000 shall be 

9 available for the immediate Office of the Secretary; not 

10 to exceed $981,000 shall be available for the Immediate 

11 Office of the Deputy Secretary; not to exceed $19,515,000 

12 shall be available for the Office of the General Counsel; 

13 not to exceed $11,004,000 shall be available for the Office 

14 of the Under Secretary of Transportation for Policy; not 

15 to exceed $10,538,000 shall be available for the Office of 

16 the Assistant Secretary for Budget and Programs; not to 

17 exceed $2,544,000 shall be available for the Office of the 

18 Assistant Secretary for Governmental Affairs; not to ex19 ceed $25,469,000 shall be available for the Office of the 

20 Assistant Secretary for Administration; not to exceed 

21 $2,046,000 shall be available for the Office of Public Af22 fairs; not to exceed $1,649,000 shall be available for the 

23 Office of the Executive Secretariat; not to exceed 

24 $1,492,000 shall be available for the Office of Small and 

25 Disadvantaged Business Utilization; not to exceed 
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1 $10,578,000 for the Office of Intelligence, Security, and 

2 Emergency Response; and not to exceed $13,768,000 shall 

3 be available for the Office of the Chief Information Offi4 cer: Provided, That the Secretary of Transportation is au5 thorized to transfer funds appropriated for any office of 

6 the Office of the Secretary to any other office of the Office 

7 of the Secretary: Provided further, That no appropriation 

8 for any office shall be increased or decreased by more than 

9 5 percent by all such transfers: Provided further, That no10 tice of any change in funding greater than 5 percent shall 

11 be submitted for approval to the House and Senate Com12 mittees on Appropriations: Provided further, That not to 

13 exceed $60,000 shall be for allocation within the Depart14 ment for official reception and representation expenses as 

15 the Secretary may determine: Provided further, That not16 withstanding any other provision of law, excluding fees au17 thorized in Public Law 107–71, there may be credited to 

18 this appropriation up to $2,500,000 in funds received in 

19 user fees: Provided further, That none of the funds pro20 vided in this Act shall be available for the position of As21 sistant Secretary for Public Affairs. 

22 NATIONAL INFRASTRUCTURE INVESTMENTS

23 For capital investments in surface transportation in24 frastructure, $550,000,000, to remain available through 

25 September 30, 2013: Provided, That the Secretary of 
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1 Transportation shall distribute funds provided under this 

2 heading as discretionary grants to be awarded to a State, 

3 local government, transit agency, or a collaboration among 

4 such entities on a competitive basis for projects that will 

5 have a significant impact on the Nation, a metropolitan 

6 area, or a region: Provided further, That projects eligible 

7 for funding provided under this heading shall include, but 

8 not be limited to, highway or bridge projects eligible under 

9 title 23, United States Code; public transportation 

10 projects eligible under chapter 53 of title 49, United 

11 States Code; passenger and freight rail transportation 

12 projects; and port infrastructure investments: Provided 

13 further, That the Secretary may use up to 35 percent of 

14 the funds made available under this heading for the pur15 pose of paying the subsidy and administrative costs of 

16 projects eligible for Federal credit assistance under chap17 ter 6 of title 23, United States Code, if the Secretary finds 

18 that such use of the funds would advance the purposes 

19 of this paragraph: Provided further, That in distributing 

20 funds provided under this heading, the Secretary shall 

21 take such measures so as to ensure an equitable geo22 graphic distribution of funds, an appropriate balance in 

23 addressing the needs of urban and rural areas, and the 

24 investment in a variety of transportation modes: Provided 

25 further, That a grant funded under this heading shall be 
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1 not less than $10,000,000 and not greater than 

2 $200,000,000: Provided further, That not more than 25 

3 percent of the funds made available under this heading 

4 may be awarded to projects in a single State: Provided 

5 further, That the Federal share of the costs for which an 

6 expenditure is made under this heading shall be, at the 

7 option of the recipient, up to 80 percent: Provided further, 

8 That the Secretary shall give priority to projects that re9 quire a contribution of Federal funds in order to complete 

10 an overall financing package: Provided further, That not 

11 less than $120,000,000 of the funds provided under this 

12 heading shall be for projects located in rural areas: Pro13 vided further, That for projects located in rural areas, the 

14 minimum grant size shall be $1,000,000 and the Secretary 

15 may increase the Federal share of costs above 80 percent: 

16 Provided further, That projects conducted using funds pro17 vided under this heading must comply with the require18 ments of subchapter IV of chapter 31 of title 40, United 

19 States Code: Provided further, That the Secretary shall 

20 conduct a new competition to select the grants and credit 

21 assistance awarded under this heading: Provided further, 

22 That the Secretary may retain up to $25,000,000 of the 

23 funds provided under this heading, and may transfer por24 tions of those funds to the Administrators of the Federal 

25 Highway Administration, the Federal Transit Administra-
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1 tion, the Federal Railroad Administration and the Federal 

2 Maritime Administration, to fund the award and oversight 

3 of grants and credit assistance made under this heading. 

4 FINANCIAL MANAGEMENT CAPITAL

5 For necessary expenses for upgrading and enhancing 

6 the Department of Transportation’s financial systems and 

7 re-engineering business processes, $4,990,000, to remain 

8 available through September 30, 2013. 

9 CYBER SECURITY INITIATIVES

10 For necessary expenses for cyber security initiatives, 

11 including improvement of network perimeter controls and 

12 identity management, testing and assessment of informa13 tion technology against business, security, and other re14 quirements, implementation of Federal cyber security ini15 tiatives and information infrastructure enhancements, im16 plementation of enhanced security controls on network de17 vices, and enhancement of cyber security workforce train18 ing tools, $10,000,000, to remain available through Sep19 tember 30, 2013. 

20 OFFICE OF CIVIL RIGHTS

21 For necessary expenses of the Office of Civil Rights, 

22 $9,648,000. 
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1 TRANSPORTATION PLANNING, RESEARCH, AND

2 DEVELOPMENT

3 For necessary expenses for conducting transportation 

4 planning, research, systems development, development ac5 tivities, and making grants, to remain available until ex6 pended, $9,000,000. 

7 WORKING CAPITAL FUND

8 For necessary expenses for operating costs and cap9 ital outlays of the Working Capital Fund, not to exceed 

10 $147,596,000 shall be paid from appropriations made 

11 available to the Department of Transportation: Provided, 

12 That such services shall be provided on a competitive basis 

13 to entities within the Department of Transportation: Pro14 vided further, That the above limitation on operating ex15 penses shall not apply to non-DOT entities: Provided fur16 ther, That no funds appropriated in this Act to an agency 

17 of the Department shall be transferred to the Working 

18 Capital Fund without the approval of the agency modal 

19 administrator: Provided further, That no assessments may 

20 be levied against any program, budget activity, subactivity 

21 or project funded by this Act unless notice of such assess22 ments and the basis therefor are presented to the House 

23 and Senate Committees on Appropriations and are ap24 proved by such Committees. 
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1 MINORITY BUSINESS RESOURCE CENTER PROGRAM

2 For the cost of guaranteed loans, $351,000, as au3 thorized by 49 U.S.C. 332: Provided, That such costs, in4 cluding the cost of modifying such loans, shall be as de5 fined in section 502 of the Congressional Budget Act of 

6 1974: Provided further, That these funds are available to 

7 subsidize total loan principal, any part of which is to be 

8 guaranteed, not to exceed $18,367,000. In addition, for 

9 administrative expenses to carry out the guaranteed loan 

10 program, $570,000. 

11 MINORITY BUSINESS OUTREACH

12 For necessary expenses of Minority Business Re13 source Center outreach activities, $3,068,000, to remain 

14 available until September 30, 2013: Provided, That not15 withstanding 49 U.S.C. 332, these funds may be used for 

16 business opportunities related to any mode of transpor17 tation. 

18 PAYMENTS TO AIR CARRIERS

19 (AIRPORT AND AIRWAY TRUST FUND)

20 (INCLUDING TRANSFER OF FUNDS)

21 In addition to funds made available from any other 

22 source to carry out the essential air service program under 

23 49 U.S.C. 41731 through 41742, $143,000,000, to be de24 rived from the Airport and Airway Trust Fund, to remain 

25 available until expended: Provided, That in determining 
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1 between or among carriers competing to provide service 

2 to a community, the Secretary may consider the relative 

3 subsidy requirements of the carriers: Provided further, 

4 That no funds made available under section 41742 of title 

5 49, United States Code, and no funds made available in 

6 this Act or any other Act in any fiscal year, shall be avail7 able to carry out the essential air service program under 

8 sections 41731 through 41742 of such title 49 in commu9 nities in the 48 contiguous States unless the community 

10 received subsidized essential air service or received a 90- 

11 day notice of intent to terminate service and the Secretary 

12 required the air carrier to continue to provide service to 

13 the community at any time between September 30, 2010, 

14 and September 30, 2011, inclusive: Provided further, That 

15 basic essential air service minimum requirements shall not 

16 include the 15-passenger capacity requirement under sub17 section 41732(b)(3) of title 49, United States Code: Pro18 vided further, That if the funds under this heading are 

19 insufficient to meet the costs of the essential air service 

20 program in the current fiscal year, the Secretary shall 

21 transfer such sums as may be necessary to carry out the 

22 essential air service program from any available amounts 

23 appropriated to or directly administered by the Office of 

24 the Secretary for such fiscal year. 
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1 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

2 SECRETARY OF TRANSPORTATION

3 SEC. 101. None of the funds made available in this 

4 Act to the Department of Transportation may be obligated 

5 for the Office of the Secretary of Transportation to ap6 prove assessments or reimbursable agreements pertaining 

7 to funds appropriated to the modal administrations in this 

8 Act, except for activities underway on the date of enact9 ment of this Act, unless such assessments or agreements 

10 have completed the normal reprogramming process for 

11 Congressional notification. 

12 SEC. 102. None of the funds made available under 

13 this Act may be obligated or expended to establish or im14 plement a program under which essential air service com15 munities are required to assume subsidy costs commonly 

16 referred to as the EAS local participation program. 

17 SEC. 103. The Secretary or his designee may engage 

18 in activities with States and State legislators to consider 

19 proposals related to the reduction of motorcycle fatalities. 

20 (RESCISSION)

21 SEC. 104. Of the amounts made available by section 

22 185 of Public Law 109–115, all unobligated balances as 

23 of the date of enactment of this Act are hereby rescinded. 

24 SEC. 105. Notwithstanding section 3324 of title 31, 

25 United States Code, in addition to authority provided by 
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1 section 327 of title 49, United States Code, the Depart2 ment’s Working Capital Fund is hereby authorized to pro3 vide payments in advance to vendors that are necessary 

4 to carry out the Federal transit pass transportation fringe 

5 benefit program under Executive Order 13150 and section 

6 3049 of Public Law 109–59: Provided, That the Depart7 ment shall include adequate safeguards in the contract 

8 with the vendors to ensure timely and high-quality per9 formance under the contract. 

10 SEC. 106. The Secretary shall post on the Web site 

11 of the Department of Transportation a schedule of all 

12 meetings of the Credit Council, including the agenda for 

13 each meeting, and require the Credit Council to record the 

14 minutes of each meeting. 

15 FEDERAL AVIATION ADMINISTRATION

16 OPERATIONS

17 (AIRPORT AND AIRWAY TRUST FUND)

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses of the Federal Aviation Ad20 ministration, not otherwise provided for, including oper21 ations and research activities related to commercial space 

22 transportation, administrative expenses for research and 

23 development, establishment of air navigation facilities, the 

24 operation (including leasing) and maintenance of aircraft, 

25 subsidizing the cost of aeronautical charts and maps sold 
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1 to the public, lease or purchase of passenger motor vehi2 cles for replacement only, in addition to amounts made 

3 available by Public Law 108–176, $9,635,710,000, of 

4 which $5,000,000,000 shall be derived from the Airport 

5 and Airway Trust Fund, of which not to exceed 

6 $7,560,815,000 shall be available for air traffic organiza7 tion activities; not to exceed $1,253,381,000 shall be avail8 able for aviation safety activities; not to exceed 

9 $15,005,000 shall be available for commercial space trans10 portation activities; not to exceed $112,459,000 shall be 

11 available for financial services activities; not to exceed 

12 $98,858,000 shall be available for human resources pro13 gram activities; not to exceed $337,944,000 shall be avail14 able for region and center operations and regional coordi15 nation activities; not to exceed $207,065,000 shall be 

16 available for staff offices; and not to exceed $50,183,000 

17 shall be available for information services: Provided, That 

18 not to exceed 2 percent of any budget activity, except for 

19 aviation safety budget activity, may be transferred to any 

20 budget activity under this heading: Provided further, That 

21 no transfer may increase or decrease any appropriation 

22 by more than 2 percent: Provided further, That any trans23 fer in excess of 2 percent shall be treated as a reprogram24 ming of funds under section 405 of this Act and shall not 

25 be available for obligation or expenditure except in compli-
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1 ance with the procedures set forth in that section: Pro2 vided further, That not later than May 31, 2012, the Ad3 ministrator shall submit to the House and Senate Com4 mittees on Appropriations a comprehensive report that de5 scribes all of the findings and conclusions reached during 

6 the Federal Aviation Administration’s efforts to develop 

7 an objective, data-driven method for placing air traffic 

8 controllers after the successful completion of their training 

9 at the Federal Aviation Administration Academy, lists all 

10 available options for establishing such method, and dis11 cusses the benefits and challenges of each option: Provided 

12 further, That not later than March 31 of each fiscal year 

13 hereafter, the Administrator of the Federal Aviation Ad14 ministration shall transmit to Congress an annual update 

15 to the report submitted to Congress in December 2004 

16 pursuant to section 221 of Public Law 108–176: Provided 

17 further, That the amount herein appropriated shall be re18 duced by $100,000 for each day after March 31 that such 

19 report has not been submitted to the Congress: Provided 

20 further, That not later than March 31 of each fiscal year 

21 hereafter, the Administrator shall transmit to Congress a 

22 companion report that describes a comprehensive strategy 

23 for staffing, hiring, and training flight standards and air24 craft certification staff in a format similar to the one uti25 lized for the controller staffing plan, including stated attri-
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1 tion estimates and numerical hiring goals by fiscal year, 

2 and a benchmark for assessing the amount of time avia3 tion inspectors spend directly observing industry field op4 erations: Provided further, That the amount herein appro5 priated shall be reduced by $100,000 per day for each day 

6 after March 31 that such report has not been submitted 

7 to Congress: Provided further, That funds may be used 

8 to enter into a grant agreement with a nonprofit standard9 setting organization to assist in the development of avia10 tion safety standards: Provided further, That none of the 

11 funds in this Act shall be available for new applicants for 

12 the second career training program: Provided further, 

13 That none of the funds in this Act shall be available for 

14 the Federal Aviation Administration to finalize or imple15 ment any regulation that would promulgate new aviation 

16 user fees not specifically authorized by law after the date 

17 of the enactment of this Act: Provided further, That there 

18 may be credited to this appropriation as offsetting collec19 tions funds received from States, counties, municipalities, 

20 foreign authorities, other public authorities, and private 

21 sources for expenses incurred in the provision of agency 

22 services, including receipts for the maintenance and oper23 ation of air navigation facilities, and for issuance, renewal 

24 or modification of certificates, including airman, aircraft, 

25 and repair station certificates, or for tests related thereto, 
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1 or for processing major repair or alteration forms: Pro2 vided further, That of the funds appropriated under this 

3 heading, not less than $9,500,000 shall be for the contract 

4 tower cost-sharing program: Provided further, That none 

5 of the funds in this Act for aeronautical charting and car6 tography are available for activities conducted by, or co7 ordinated through, the Working Capital Fund. 

8 FACILITIES AND EQUIPMENT

9 (AIRPORT AND AIRWAY TRUST FUND)

10 For necessary expenses, not otherwise provided for, 

11 for acquisition, establishment, technical support services, 

12 improvement by contract or purchase, and hire of national 

13 airspace systems and experimental facilities and equip14 ment, as authorized under part A of subtitle VII of title 

15 49, United States Code, including initial acquisition of 

16 necessary sites by lease or grant; engineering and service 

17 testing, including construction of test facilities and acqui18 sition of necessary sites by lease or grant; construction 

19 and furnishing of quarters and related accommodations 

20 for officers and employees of the Federal Aviation Admin21 istration stationed at remote localities where such accom22 modations are not available; and the purchase, lease, or 

23 transfer of aircraft from funds available under this head24 ing, including aircraft for aviation regulation and certifi25 cation; to be derived from the Airport and Airway Trust 
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1 Fund, $2,630,731,000, of which $474,000,000 shall re2 main available until September 30, 2012, and of which 

3 $2,156,731,000 shall remain available until September 30, 

4 2014: Provided, That there may be credited to this appro5 priation funds received from States, counties, municipali6 ties, other public authorities, and private sources, for ex7 penses incurred in the establishment, improvement, and 

8 modernization of national airspace systems: Provided fur9 ther, That upon initial submission to the Congress of the 

10 fiscal year 2013 President’s budget, the Secretary of 

11 Transportation shall transmit to the Congress a com12 prehensive capital investment plan for the Federal Avia13 tion Administration which includes funding for each budg14 et line item for fiscal years 2013 through 2017, with total 

15 funding for each year of the plan constrained to the fund16 ing targets for those years as estimated and approved by 

17 the Office of Management and Budget. 

18 RESEARCH, ENGINEERING, AND DEVELOPMENT

19 (AIRPORT AND AIRWAY TRUST FUND)

20 For necessary expenses, not otherwise provided for, 

21 for research, engineering, and development, as authorized 

22 under part A of subtitle VII of title 49, United States 

23 Code, including construction of experimental facilities and 

24 acquisition of necessary sites by lease or grant, 

25 $157,000,000, to be derived from the Airport and Airway 
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1 Trust Fund and to remain available until September 30, 

2 2014: Provided, That there may be credited to this appro3 priation as offsetting collections, funds received from 

4 States, counties, municipalities, other public authorities, 

5 and private sources, which shall be available for expenses 

6 incurred for research, engineering, and development. 

7 GRANTS-IN-AID FOR AIRPORTS

8 (LIQUIDATION OF CONTRACT AUTHORIZATION)

9 (LIMITATION ON OBLIGATIONS)

10 (AIRPORT AND AIRWAY TRUST FUND)

11 (INCLUDING TRANSFER OF FUNDS)

12 For liquidation of obligations incurred for grants-in13 aid for airport planning and development, and noise com14 patibility planning and programs as authorized under sub15 chapter I of chapter 471 and subchapter I of chapter 475 

16 of title 49, United States Code, and under other law au17 thorizing such obligations; for procurement, installation, 

18 and commissioning of runway incursion prevention devices 

19 and systems at airports of such title; for grants authorized 

20 under section 41743 of title 49, United States Code; and 

21 for inspection activities and administration of airport safe22 ty programs, including those related to airport operating 

23 certificates under section 44706 of title 49, United States 

24 Code, $4,691,000,000 to be derived from the Airport and 

25 Airway Trust Fund and to remain available until ex-
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1 pended: Provided, That none of the funds under this head2 ing shall be available for the planning or execution of pro3 grams the obligations for which are in excess of 

4 $3,515,000,000 in fiscal year 2012, notwithstanding sec5 tion 47117(g) of title 49, United States Code: Provided 

6 further, That none of the funds under this heading shall 

7 be available for the replacement of baggage conveyor sys8 tems, reconfiguration of terminal baggage areas, or other 

9 airport improvements that are necessary to install bulk ex10 plosive detection systems: Provided further, That notwith11 standing any other provision of law, of funds limited under 

12 this heading, not more than $101,000,000 shall be obli13 gated for administration, not less than $15,000,000 shall 

14 be available for the airport cooperative research program, 

15 not less than $29,250,000 shall be for Airport Technology 

16 Research and $6,000,000, to remain available until ex17 pended, shall be available and transferred to ‘‘Office of 

18 the Secretary, Salaries and Expenses’’ to carry out the 

19 Small Community Air Service Development Program. 

20 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

21 ADMINISTRATION

22 SEC. 110. None of the funds in this Act may be used 

23 to compensate in excess of 600 technical staff-years under 

24 the federally funded research and development center con25 tract between the Federal Aviation Administration and the 
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1 Center for Advanced Aviation Systems Development dur2 ing fiscal year 2012. 

3 SEC. 111. None of the funds in this Act shall be used 

4 to pursue or adopt guidelines or regulations requiring air5 port sponsors to provide to the Federal Aviation Adminis6 tration without cost building construction, maintenance, 

7 utilities and expenses, or space in airport sponsor-owned 

8 buildings for services relating to air traffic control, air 

9 navigation, or weather reporting: Provided, That the pro10 hibition of funds in this section does not apply to negotia11 tions between the agency and airport sponsors to achieve 

12 agreement on ‘‘below-market’’ rates for these items or to 

13 grant assurances that require airport sponsors to provide 

14 land without cost to the FAA for air traffic control facili15 ties. 

16 SEC. 112. The Administrator of the Federal Aviation 

17 Administration may reimburse amounts made available to 

18 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 

19 49 U.S.C. 45303: Provided, That during fiscal year 2012, 

20 49 U.S.C. 41742(b) shall not apply, and any amount re21 maining in such account at the close of that fiscal year 

22 may be made available to satisfy section 41742(a)(1) for 

23 the subsequent fiscal year. 

24 SEC. 113. Amounts collected under section 40113(e) 

25 of title 49, United States Code, shall be credited to the 
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1 appropriation current at the time of collection, to be 

2 merged with and available for the same purposes of such 

3 appropriation. 

4 SEC. 114. None of the funds limited by this Act for 

5 grants under the Airport Improvement Program shall be 

6 made available to the sponsor of a commercial service air7 port if such sponsor fails to agree to a request from the 

8 Secretary of Transportation for cost-free space in a non9 revenue producing, public use area of the airport terminal 

10 or other airport facilities for the purpose of carrying out 

11 a public service air passenger rights and consumer out12 reach campaign. 

13 SEC. 115. None of the funds in this Act shall be avail14 able for paying premium pay under subsection 5546(a) of 

15 title 5, United States Code, to any Federal Aviation Ad16 ministration employee unless such employee actually per17 formed work during the time corresponding to such pre18 mium pay. 

19 SEC. 116. None of the funds in this Act may be obli20 gated or expended for an employee of the Federal Aviation 

21 Administration to purchase a store gift card or gift certifi22 cate through use of a Government-issued credit card. 

23 SEC. 117. The Secretary shall apportion to the spon24 sor of an airport that received scheduled or unscheduled 

25 air service from a large certified air carrier (as defined 
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1 in part 241 of title 14 Code of Federal Regulations, or 

2 such other regulations as may be issued by the Secretary 

3 under the authority of section 41709) an amount equal 

4 to the minimum apportionment specified in 49 U.S.C. 

5 47114(c), if the Secretary determines that airport had 

6 more than 10,000 passenger boardings in the preceding 

7 calendar year, based on data submitted to the Secretary 

8 under part 241 of title 14, Code of Federal Regulations. 

9 SEC. 118. None of the funds in this Act may be obli10 gated or expended for retention bonuses for an employee 

11 of the Federal Aviation Administration without the prior 

12 written approval of the Deputy Assistant Secretary for 

13 Administration of the Department of Transportation. 

14 SEC. 119. Subparagraph (D) of section 47124(b)(3) 

15 of title 49, United States Code, is amended by striking 

16 ‘‘benefit.’’ and inserting ‘‘benefit, with the maximum al17 lowable local cost share capped at 20 percent.’’. 

18 SEC. 119A. Notwithstanding any other provision of 

19 law, none of the funds made available under this Act or 

20 any prior Act may be used to implement or to continue 

21 to implement any limitation on the ability of any owner 

22 or operator of a private aircraft to obtain, upon a request 

23 to the Administrator of the Federal Aviation Administra24 tion, a blocking of that owner’s or operator’s aircraft reg25 istration number from any display of the Federal Aviation 
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1 Administration’s Aircraft Situational Display to Industry 

2 data that is made available to the public, except data made 

3 available to a Government agency, for the noncommercial 

4 flights of that owner or operator. 

5 SEC. 119B. (a) COMPENSATION FOR FEDERAL EM6 PLOYEES.—Any Federal employees furloughed as a result 

7 of the lapse in expenditure authority from the Airport and 

8 Airway Trust Fund after 11:59 p.m. on July 22, 2011, 

9 through August 5, 2011, may be compensated for the pe10 riod of that lapse at their standard rates of compensation, 

11 as determined under policies established by the Secretary 

12 of Transportation. 

13 (b) RATIFICATION OF ESSENTIAL ACTIONS.—All ac14 tions taken by Federal employees, contractors, and grant15 ees for the purposes of maintaining the essential level of 

16 Government operations, services, and activities to protect 

17 life and property and to bring about orderly termination 

18 of Government functions during the lapse in expenditure 

19 authority from the Airport and Airway Trust Fund after 

20 11:59 p.m. on July 22, 2011, through August 5, 2011, 

21 are hereby ratified and approved, if otherwise in accord 

22 with the provisions of the Airport and Airway Extension 

23 Act of 2011, part IV (Public Law 112–27). 

24 (c) TRUST FUND CODE.—Paragraph (1) of section 

25 9502(d) of the Internal Revenue Code of 1986 (26 U.S.C. 
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1 9502(d)(1)) is amended by inserting ‘‘or the Department 

2 of Transportation Appropriations Act, 2012’’ before the 

3 semicolon at the end of subparagraph (A). 

4 FEDERAL HIGHWAY ADMINISTRATION

5 FEDERAL-AID HIGHWAYS

6 LIMITATION ON ADMINISTRATIVE EXPENSES

7 (HIGHWAY TRUST FUND)

8 (INCLUDING TRANSFER OF FUNDS)

9 Not to exceed $415,533,000, together with advances 

10 and reimbursements received by the Federal Highway Ad11 ministration, shall be paid in accordance with law from 

12 appropriations made available by this Act to the Federal 

13 Highway Administration for necessary expenses for ad14 ministration and operation. In addition, not to exceed 

15 $3,220,000 shall be paid from appropriations made avail16 able by this Act and transferred to the Appalachian Re17 gional Commission in accordance with section 104 of title 

18 23, United States Code. 

19 LIMITATION ON OBLIGATIONS

20 (HIGHWAY TRUST FUND)

21 None of the funds in this Act shall be available for 

22 the implementation or execution of programs, the obliga23 tions for which are in excess of $41,107,000,000 for Fed24 eral-aid highways and highway safety construction pro25 grams for fiscal year 2012: Provided, That within the 
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1 $41,107,000,000 obligation limitation on Federal-aid 

2 highways and highway safety construction programs, not 

3 more than $429,800,000 shall be available for the imple4 mentation or execution of programs for transportation re5 search (chapter 5 of title 23, United States Code; sections 

6 111, 5505, and 5506 of title 49, United States Code; and 

7 title 5 of Public Law 109–59) for fiscal year 2012: Pro8 vided further, That this limitation on transportation re9 search programs shall not apply to any authority pre10 viously made available for obligation: Provided further, 

11 That the Secretary may, as authorized by section 605(b) 

12 of title 23, United States Code, collect and spend fees to 

13 cover the costs of services of expert firms, including coun14 sel, in the field of municipal and project finance to assist 

15 in the underwriting and servicing of Federal credit instru16 ments and all or a portion of the costs to the Federal Gov17 ernment of servicing such credit instruments: Provided 

18 further, That such fees are available until expended to pay 

19 for such costs: Provided further, That such amounts are 

20 in addition to administrative expenses that are also avail21 able for such purpose, and are not subject to any obliga22 tion limitation or the limitation on administrative expenses 

23 under section 608 of title 23, United States Code. 
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1 LIQUIDATION OF CONTRACT AUTHORIZATION

2 (HIGHWAY TRUST FUND)

3 For carrying out the provisions of title 23, United 

4 States Code, that are attributable to Federal-aid high5 ways, not otherwise provided, including reimbursement for 

6 sums expended pursuant to the provisions of 23 U.S.C. 

7 308, $41,846,000,000 or so much thereof as may be avail8 able in and derived from the Highway Trust Fund (other 

9 than the Mass Transit Account), to remain available until 

10 expended. 

11 EMERGENCY RELIEF

12 For an additional amount for the Emergency Relief 

13 Program as authorized under section 125 of title 23, 

14 United States Code, $1,900,000,000, to remain available 

15 until expended, for expenses resulting from a major dis16 aster designated pursuant to the Robert T. Stafford Dis17 aster Relief and Emergency Assistance Act (42 U.S.C. 

18 5122(2)): Provided, That notwithstanding section 

19 125(d)(1) of title 23, United States Code, for an event 

20 resulting from a disaster eligible under section 125 of title 

21 23, United States Code, in a State occurring in fiscal 

22 years 2011 or 2012, the Secretary of Transportation may 

23 obligate under the Emergency Relief Program more than 

24 $100,000,000 for eligible expenses: Provided further, That 

25 notwithstanding section 120 of title 23, United States 
26 

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1 Code, for expenses resulting from a disaster eligible under 

2 section 125 of title 23, United States Code, occurring in 

3 fiscal years 2011 or 2012, the Secretary shall extend the 

4 time period in 120(e) in consideration of any delay in the 

5 State’s ability to access damaged facilities to evaluate 

6 damage and estimate the cost of repair: Provided further, 

7 That notwithstanding sections 120(a) and 120(b) of title 

8 23, United States Code, the Federal share for permanent 

9 repairs resulting from a disaster eligible under section 125 

10 of title 23, United States Code, occurring in fiscal years 

11 2011 or 2012 may be up to 100 percent at the Secretary’s 

12 discretion if the eligible expenses incurred by a State due 

13 to such a disaster exceeds twice the State’s annual appor14 tionment under the Federal-aid Highway program for the 

15 year in which the disaster occurred: Provided further, That 

16 the amount provided under this heading is designated by 

17 Congress as being for disaster relief pursuant to section 

18 251(b)(2)(D) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985 (Public Law 99–177), as 

20 amended. 

21 RESCISSION

22 Of unobligated balances of funds made available for 

23 obligation from the general fund of the Treasury for pro24 grams administered by the Federal Highway Administra25 tion in Public Laws 91–605, 93–87, 93–643, 94–280, 96– 
27 

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1 131, 97–424, 98–8, 98–473, 99–190, 100–17, 100–202, 

2 100–457, 101–164, 101–516, 102–143, 102–240, 103– 

3 122, 103–331, 106–346, 107–87, 108–7 and 108–199, ex4 cluding any unobligated balance of funds provided for the 

5 Appalachian Development Highway System, $73,000,000 

6 are permanently rescinded. 

7 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

8 ADMINISTRATION

9 SEC. 120. (a) For fiscal year 2012, the Secretary of 

10 Transportation shall— 

11 (1) not distribute from the obligation limitation 

12 for Federal-aid highways amounts authorized for ad13 ministrative expenses and programs by section 

14 104(a) of title 23, United States Code; programs 

15 funded from the administrative takedown authorized 

16 by section 104(a)(1) of title 23, United States Code 

17 (as in effect on the date before the date of enact18 ment of the Safe, Accountable, Flexible, Efficient 

19 Transportation Equity Act: A Legacy for Users); the 

20 highway use tax evasion program; and the Bureau of 

21 Transportation Statistics; 

22 (2) not distribute an amount from the obliga23 tion limitation for Federal-aid highways that is equal 

24 to the unobligated balance of amounts made avail25 able from the Highway Trust Fund (other than the 
28 

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1 Mass Transit Account) for Federal-aid highways and 

2 highway safety programs for previous fiscal years 

3 the funds for which are allocated by the Secretary; 

4 (3) determine the ratio that— 

5 (A) the obligation limitation for Federal6 aid highways, less the aggregate of amounts not 

7 distributed under paragraphs (1) and (2), bears 

8 to 

9 (B) the total of the sums authorized to be 

10 appropriated for Federal-aid highways and 

11 highway safety construction programs (other 

12 than sums authorized to be appropriated for 

13 provisions of law described in paragraphs (1) 

14 through (9) of subsection (b) and sums author15 ized to be appropriated for section 105 of title 

16 23, United States Code, equal to the amount 

17 referred to in subsection (b)(10) for such fiscal 

18 year), less the aggregate of the amounts not 

19 distributed under paragraphs (1) and (2) of 

20 this subsection; 

21 (4)(A) distribute the obligation limitation for 

22 Federal-aid highways, less the aggregate amounts 

23 not distributed under paragraphs (1) and (2), for 

24 sections 1301, 1302, and 1934 of the Safe, Account25 able, Flexible, Efficient Transportation Equity Act: 
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1 A Legacy for Users; sections 117 and section 144(g) 

2 of title 23, United States Code; and section 14501 

3 of title 40, United States Code, so that the amount 

4 of obligation authority available for each of such sec5 tions is equal to the amount determined by multi6 plying the ratio determined under paragraph (3) by 

7 the sums authorized to be appropriated for that sec8 tion for the fiscal year; and 

9 (B) distribute $2,000,000,000 for section 105 

10 of title 23, United States Code; 

11 (5) distribute the obligation limitation provided 

12 for Federal-aid highways, less the aggregate 

13 amounts not distributed under paragraphs (1) and 

14 (2) and amounts distributed under paragraph (4), 

15 for each of the programs that are allocated by the 

16 Secretary under the Safe, Accountable, Flexible, Ef17 ficient Transportation Equity Act: A Legacy for 

18 Users and title 23, United States Code (other than 

19 to programs to which paragraphs (1) and (4) apply), 

20 by multiplying the ratio determined under paragraph 

21 (3) by the amounts authorized to be appropriated 

22 for each such program for such fiscal year; and 

23 (6) distribute the obligation limitation provided 

24 for Federal-aid highways, less the aggregate 

25 amounts not distributed under paragraphs (1) and 
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1 (2) and amounts distributed under paragraphs (4) 

2 and (5), for Federal-aid highways and highway safe3 ty construction programs (other than the amounts 

4 apportioned for the equity bonus program, but only 

5 to the extent that the amounts apportioned for the 

6 equity bonus program for the fiscal year are greater 

7 than $2,639,000,000, and the Appalachian develop8 ment highway system program) that are apportioned 

9 by the Secretary under the Safe, Accountable, Flexi10 ble, Efficient Transportation Equity Act: A Legacy 

11 for Users and title 23, United States Code, in the 

12 ratio that— 

13 (A) amounts authorized to be appropriated 

14 for such programs that are apportioned to each 

15 State for such fiscal year, bear to 

16 (B) the total of the amounts authorized to 

17 be appropriated for such programs that are ap18 portioned to all States for such fiscal year. 

19 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

20 The obligation limitation for Federal-aid highways shall 

21 not apply to obligations: 

22 (1) under section 125 of title 23, United States 

23 Code; 

24 (2) under section 147 of the Surface Transpor25 tation Assistance Act of 1978; 
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1 (3) under section 9 of the Federal-Aid Highway 

2 Act of 1981; 

3 (4) under subsections (b) and (j) of section 131 

4 of the Surface Transportation Assistance Act of 

5 1982; 

6 (5) under subsections (b) and (c) of section 149 

7 of the Surface Transportation and Uniform Reloca8 tion Assistance Act of 1987; 

9 (6) under sections 1103 through 1108 of the 

10 Intermodal Surface Transportation Efficiency Act of 

11 1991; 

12 (7) under section 157 of title 23, United States 

13 Code, as in effect on the day before the date of the 

14 enactment of the Transportation Equity Act for the 

15 21st Century; 

16 (8) under section 105 of title 23, United States 

17 Code, as in effect for fiscal years 1998 through 

18 2004, but only in an amount equal to $639,000,000 

19 for each of those fiscal years; 

20 (9) for Federal-aid highway programs for which 

21 obligation authority was made available under the 

22 Transportation Equity Act for the 21st Century or 

23 subsequent public laws for multiple years or to re24 main available until used, but only to the extent that 

25 the obligation authority has not lapsed or been used; 
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1 (10) under section 105 of title 23, United 

2 States Code, but only in an amount equal to 

3 $639,000,000 for each of fiscal years 2005 through 

4 2010; and 

5 (11) under section 1603 of the Safe, Account6 able, Flexible, Efficient Transportation Equity Act: 

7 A Legacy for Users, to the extent that funds obli8 gated in accordance with that section were not sub9 ject to a limitation on obligations at the time at 

10 which the funds were initially made available for ob11 ligation. 

12 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU13 THORITY.—Notwithstanding subsection (a), the Secretary 

14 shall, after August 1 of such fiscal year, revise a distribu15 tion of the obligation limitation made available under sub16 section (a) if the amount distributed cannot be obligated 

17 during that fiscal year, and redistribute sufficient amounts 

18 to those States able to obligate amounts in addition to 

19 those previously distributed during that fiscal year, giving 

20 priority to those States having large unobligated balances 

21 of funds apportioned under sections 104 and 144 of title 

22 23, United States Code. 

23 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

24 TRANSPORTATION RESEARCH PROGRAMS.—The obliga25 tion limitation shall apply to transportation research pro-
33 

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1 grams carried out under chapter 5 of title 23, United 

2 States Code, and title V (research title) of the Safe, Ac3 countable, Flexible, Efficient Transportation Equity Act: 

4 A Legacy for Users, except that obligation authority made 

5 available for such programs under such limitation shall re6 main available for a period of 3 fiscal years and shall be 

7 in addition to the amount of any limitation imposed on 

8 obligations for Federal-aid highway and highway safety 

9 construction programs for future fiscal years. 

10 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

11 FUNDS.— 

12 (1) IN GENERAL.—Not later than 30 days after 

13 the date of the distribution of obligation limitation 

14 under subsection (a), the Secretary shall distribute 

15 to the States any funds that— 

16 (A) are authorized to be appropriated for 

17 such fiscal year for Federal-aid highways pro18 grams; and 

19 (B) the Secretary determines will not be 

20 allocated to the States, and will not be available 

21 for obligation, in such fiscal year due to the im22 position of any obligation limitation for such 

23 fiscal year. 
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1 (2) RATIO.—Funds shall be distributed under 

2 paragraph (1) in the same ratio as the distribution 

3 of obligation authority under subsection (a)(6). 

4 (3) AVAILABILITY.—Funds distributed under 

5 paragraph (1) shall be available for any purposes de6 scribed in section 133(b) of title 23, United States 

7 Code. 

8 (f) SPECIAL LIMITATION CHARACTERISTICS.—Obli9 gation limitation distributed for a fiscal year under sub10 section (a)(4) for the provision specified in subsection 

11 (a)(4) shall— 

12 (1) remain available until used for obligation of 

13 funds for that provision; and 

14 (2) be in addition to the amount of any limita15 tion imposed on obligations for Federal-aid highway 

16 and highway safety construction programs for future 

17 fiscal years. 

18 (g) LIMITATION ON STATUTORY CONSTRUCTION.— 

19 Nothing in this section shall be construed to limit the dis20 tribution of obligation authority under subsection 

21 (a)(4)(A) for each of the individual projects numbered 

22 greater than 3676 listed in the table contained in section 

23 1702 of the Safe, Accountable, Flexible, Efficient Trans24 portation Equity Act: A Legacy for Users. 
35 

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1 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re2 ceived by the Bureau of Transportation Statistics from the 

3 sale of data products, for necessary expenses incurred pur4 suant to 49 U.S.C. 111 may be credited to the Federal5 aid Highways account for the purpose of reimbursing the 

6 Bureau for such expenses: Provided, That such funds shall 

7 be subject to the obligation limitation for Federal-aid 

8 Highways and highway safety construction programs. 

9 SEC. 122. Not less than 15 days prior to waiving, 

10 under his statutory authority, any Buy America require11 ment for Federal-aid highway projects, the Secretary of 

12 Transportation shall make an informal public notice and 

13 comment opportunity on the intent to issue such waiver 

14 and the reasons therefor: Provided, That the Secretary 

15 shall provide an annual report to the House and Senate 

16 Committees on Appropriations on any waivers granted 

17 under the Buy America requirements. 

18 SEC. 123. (a) IN GENERAL.—Except as provided in 

19 subsection (b), none of the funds made available, limited, 

20 or otherwise affected by this Act shall be used to approve 

21 or otherwise authorize the imposition of any toll on any 

22 segment of highway located on the Federal-aid system in 

23 the State of Texas that— 

24 (1) as of the date of enactment of this Act, is 

25 not tolled; 
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1 (2) is constructed with Federal assistance pro2 vided under title 23, United States Code; and 

3 (3) is in actual operation as of the date of en4 actment of this Act. 

5 (b) EXCEPTIONS.— 

6 (1) NUMBER OF TOLL LANES.—Subsection (a) 

7 shall not apply to any segment of highway on the 

8 Federal-aid system described in that subsection that, 

9 as of the date on which a toll is imposed on the seg10 ment, will have the same number of nontoll lanes as 

11 were in existence prior to that date. 

12 (2) HIGH-OCCUPANCY VEHICLE LANES.—A 

13 high-occupancy vehicle lane that is converted to a 

14 toll lane shall not be subject to this section, and 

15 shall not be considered to be a nontoll lane for pur16 poses of determining whether a highway will have 

17 fewer nontoll lanes than prior to the date of imposi18 tion of the toll, if— 

19 (A) high-occupancy vehicles occupied by 

20 the number of passengers specified by the enti21 ty operating the toll lane may use the toll lane 

22 without paying a toll, unless otherwise specified 

23 by the appropriate county, town, municipal or 

24 other local government entity, or public toll 

25 road or transit authority; or 
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1 (B) each high-occupancy vehicle lane that 

2 was converted to a toll lane was constructed as 

3 a temporary lane to be replaced by a toll lane 

4 under a plan approved by the appropriate coun5 ty, town, municipal or other local government 

6 entity, or public toll road or transit authority. 

7 SEC. 124. Of the funds made available in fiscal year 

8 2012 for the Surface Transportation Research, Develop9 ment, and Deployment Program, the Secretary of Trans10 portation shall transfer $5,000,000 to the Bureau of 

11 Transportation Statistics to carry out section 111 of title 

12 49, United States Code: Provided, That an equivalent 

13 amount of fiscal year 2012 obligation limitation associated 

14 with the funds to be transferred shall also be transferred. 

15 SEC. 125. Section 109 of title 23, United States 

16 Code, is amended by adding at the end— 

17 ‘‘(r) GUARDRAILS.—The Secretary shall not approve 

18 any project that includes beam rail elements and terminal 

19 sections that are not galvanized in accordance with 

20 AASHTO M–180, Class A, Type II, except that the rail 

21 shall be galvanized after fabrication to include forming, 

22 cutting, shearing, punching, drilling, bending, welding, 

23 and riveting.’’. 

24 SEC. 126. Section 127(a)(11) of title 23, United 

25 States Code, is amended to read as follows: 
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1 ‘‘(11)(A) With respect to all portions of the 

2 Interstate Highway System in the State of Maine, 

3 laws (including regulations) of that State concerning 

4 vehicle weight limitations applicable to other State 

5 highways shall be applicable in lieu of the require6 ments under this subsection. 

7 ‘‘(B) With respect to all portions of the Inter8 state Highway System in the State of Vermont, laws 

9 (including regulations) of that State concerning vehi10 cle weight limitations applicable to other State high11 ways shall be applicable in lieu of the requirements 

12 under this subsection.’’. 

13 SEC. 127. Section 112 of the Surface and Air Trans14 portation Programs Extension Act of 2011 is amended by 

15 striking ‘‘$196,427,625’’ and inserting ‘‘an amount equal 

16 to one-half the sum authorized for such purpose for fiscal 

17 year 2011 by section 412(a)(2) of the Surface Transpor18 tation Extension Act of 2010’’. 

19 SEC. 128. Any road, highway, or bridge that is in 

20 operation for less than 30 years or under construction, 

21 damaged by an emergency declared by the Governor of 

22 the State and concurred in by the Secretary, or declared 

23 by the President pursuant to the Robert T. Stafford Dis24 aster Relief and Emergency Assistance Act (42 U.S.C. 

25 5121), may be reconstructed in the same location with the 
39 

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1 same capacity, dimensions, and design as before the emer2 gency and shall be exempt from any environmental re3 views, approvals, licensing, and permit requirements 

4 under— 

5 (1) the National Environmental Policy Act of 

6 1969 (42 U.S.C. 4321 et seq.); 

7 (2) sections 402 and 404 of the Federal Water 

8 Pollution Control Act (33 U.S.C. 1342, 1344); 

9 (3) the National Historic Preservation Act (16 

10 U.S.C. 470 et seq.); 

11 (4) the Migratory Bird Treaty Act (16 U.S.C. 

12 703 et seq.); 

13 (5) the Wild and Scenic Rivers Act (16 U.S.C. 

14 1271 et seq.); 

15 (6) the Fish and Wildlife Coordination Act (16 

16 U.S.C. 661 et seq.); 

17 (7) the Endangered Species Act of 1973 (16 

18 U.S.C. 1531 et seq.), except when the reconstruction 

19 occurs in designated critical habitat for threatened 

20 and endangered species; 

21 (8) Executive Order 11990 (42 U.S.C. 4321 

22 note; relating to the protection of wetlands); and 

23 (9) any Federal law (including regulations) re24 quiring no net loss of wetlands. 
40 

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1 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

2 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (LIMITATION ON OBLIGATIONS)

5 (HIGHWAY TRUST FUND)

6 For payment of obligations incurred in the implemen7 tation, execution and administration of motor carrier safe8 ty operations and programs pursuant to section 31104(i) 

9 of title 49, United States Code, and sections 4127 and 

10 4134 of Public Law 109–59, $250,023,000, to be derived 

11 from the Highway Trust Fund (other than the Mass Tran12 sit Account), together with advances and reimbursements 

13 received by the Federal Motor Carrier Safety Administra14 tion, the sum of which shall remain available until ex15 pended: Provided, That none of the funds derived from 

16 the Highway Trust Fund in this Act shall be available for 

17 the implementation, execution or administration of pro18 grams, the obligations for which are in excess of 

19 $250,023,000, for ‘‘Motor Carrier Safety Operations and 

20 Programs’’ of which $8,543,000, to remain available for 

21 obligation until September 30, 2014, is for the research 

22 and technology program and $1,000,000 shall be available 

23 for commercial motor vehicle operator’s grants to carry 

24 out section 4134 of Public Law 109–59: Provided further, 

25 That notwithstanding any other provision of law, none of 
41 

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1 the funds under this heading for outreach and education 

2 shall be available for transfer: Provided further, That the 

3 Federal Motor Carrier Safety Administration shall trans4 mit to Congress a report on March 30, 2012, and Sep5 tember 30, 2012, on the agency’s ability to meet its re6 quirement to conduct compliance reviews on high-risk car7 riers. 

8 MOTOR CARRIER SAFETY GRANTS

9 (LIQUIDATION OF CONTRACT AUTHORIZATION)

10 (LIMITATION ON OBLIGATIONS)

11 (HIGHWAY TRUST FUND)

12 (INCLUDING RESCISSION)

13 For payment of obligations incurred in carrying out 

14 sections 31102, 31104(a), 31106, 31107, 31109, 31309, 

15 31313 of title 49, United States Code, and sections 4126 

16 and 4128 of Public Law 109–59, $307,000,000, to be de17 rived from the Highway Trust Fund (other than the Mass 

18 Transit Account) and to remain available until expended: 

19 Provided, That none of the funds in this Act shall be avail20 able for the implementation or execution of programs, the 

21 obligations for which are in excess of $307,000,000, for 

22 ‘‘Motor Carrier Safety Grants’’; of which $212,000,000 

23 shall be available for the motor carrier safety assistance 

24 program to carry out sections 31102 and 31104(a) of title 

25 49, United States Code; $30,000,000 shall be available for 
42 

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1 the commercial driver’s license improvements program to 

2 carry out section 31313 of title 49, United States Code; 

3 $32,000,000 shall be available for the border enforcement 

4 grants program to carry out section 31107 of title 49, 

5 United States Code; $5,000,000 shall be available for the 

6 performance and registration information system manage7 ment program to carry out sections 31106(b) and 31109 

8 of title 49, United States Code; $25,000,000 shall be 

9 available for the commercial vehicle information systems 

10 and networks deployment program to carry out section 

11 4126 of Public Law 109–59; and $3,000,000 shall be 

12 available for the safety data improvement program to 

13 carry out section 4128 of Public Law 109–59: Provided 

14 further, That of the funds made available for the motor 

15 carrier safety assistance program, $32,000,000 shall be 

16 available for audits of new entrant motor carriers: Pro17 vided further, That of the prior year unobligated balances 

18 for the commercial vehicle information systems and net19 works deployment program, $1,000,000 is permanently re20 scinded. 

21 ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER

22 SAFETY ADMINISTRATION

23 SEC. 130. Funds appropriated or limited in this Act 

24 shall be subject to the terms and conditions stipulated in 

25 section 350 of Public Law 107–87 and section 6901 of 
43 

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1 Public Law 110–28, including that the Secretary submit 

2 a report to the House and Senate Appropriations Commit3 tees annually on the safety and security of transportation 

4 into the United States by Mexico-domiciled motor carriers. 

5 SEC. 131. Notwithstanding any other provision of 

6 law, States receiving funds for core or expanded deploy7 ment activities under the Commercial Vehicle Information 

8 Systems and Networks program pursuant to sections 

9 4101(c)(4) and 4126 of Public Law 109–59 that did not 

10 meet award eligibility requirements set forth in section 

11 4126; received grant amounts in excess of the maximum 

12 amounts specified in sections 4126(c)(2) or 4126(d)(3); 

13 or were awarded grants either prior to or after the expira14 tion of the period of performance specified in a grant 

15 agreement need not repay such funds. 

16 SEC. 132. (a) No recipient of funds made available 

17 in this Act shall disseminate personal information (as de18 fined in 18 U.S.C. 2725(3)) obtained by a State depart19 ment of motor vehicles in connection with a motor vehicle 

20 record as defined in 18 U.S.C. 2725(1), except as provided 

21 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 

22 2721. 

23 (b) Notwithstanding subsection (a), the Secretary 

24 shall not withhold funds provided in this Act for any 

25 grantee if a State is in noncompliance with this provision. 
44 

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1 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

2 OPERATIONS AND RESEARCH

3 For expenses necessary to discharge the functions of 

4 the Secretary, with respect to traffic and highway safety 

5 under subtitle C of title X of Public Law 109–59 and 

6 chapter 301 and part C of subtitle VI of title 49, United 

7 States Code, $140,146,000, of which $20,000,000 shall 

8 remain available through September 30, 2013. 

9 OPERATIONS AND RESEARCH

10 (LIQUIDATION OF CONTRACT AUTHORIZATION)

11 (LIMITATION ON OBLIGATIONS)

12 (HIGHWAY TRUST FUND)

13 For payment of obligations incurred in carrying out 

14 the provisions of 23 U.S.C. 403, and chapter 303 of title 

15 49, United States Code, $109,500,000, to be derived from 

16 the Highway Trust Fund (other than the Mass Transit 

17 Account) and to remain available until expended: Pro18 vided, That none of the funds in this Act shall be available 

19 for the planning or execution of programs the total obliga20 tions for which, in fiscal year 2012, are in excess of 

21 $109,500,000 for programs authorized under 23 U.S.C. 

22 403 and chapter 303 of title 49, United States Code: Pro23 vided further, That within the $109,500,000 obligation 

24 limitation for operations and research, $20,000,000 shall 

25 remain available until September 30, 2013 and shall be 
45 

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1 in addition to the amount of any limitation imposed on 

2 obligations for future years. 

3 HIGHWAY TRAFFIC SAFETY GRANTS

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (LIMITATION ON OBLIGATIONS)

6 (HIGHWAY TRUST FUND)

7 For payment of obligations incurred in carrying out 

8 the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 

9 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 

10 Law 109–59, to remain available until expended, 

11 $550,328,000 to be derived from the Highway Trust Fund 

12 (other than the Mass Transit Account): Provided, That 

13 none of the funds in this Act shall be available for the 

14 planning or execution of programs the total obligations for 

15 which, in fiscal year 2012, are in excess of $550,328,000 

16 for programs authorized under 23 U.S.C. 402, 405, 406, 

17 408, and 410 and sections 2001(a)(11), 2009, 2010, and 

18 2011 of Public Law 109–59, of which $235,000,000 shall 

19 be for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402; 

20 $25,000,000 shall be for ‘‘Occupant Protection Incentive 

21 Grants’’ under 23 U.S.C. 405; $48,500,000 shall be for 

22 ‘‘Safety Belt Performance Grants’’ under 23 U.S.C. 406, 

23 and such obligation limitation shall remain available until 

24 September 30, 2013 in accordance with subsection (f) of 

25 such section 406 and shall be in addition to the amount 
46 

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1 of any limitation imposed on obligations for such grants 

2 for future fiscal years, of which up to $10,000,000 may 

3 be made available by the Secretary as grants to States 

4 that enact and enforce laws to prevent distracted driving; 

5 $34,500,000 shall be for ‘‘State Traffic Safety Informa6 tion System Improvements’’ under 23 U.S.C. 408; 

7 $139,000,000 shall be for ‘‘Alcohol-Impaired Driving 

8 Countermeasures Incentive Grant Program’’ under 23 

9 U.S.C. 410; $25,328,000 shall be for ‘‘Administrative Ex10 penses’’ under section 2001(a)(11) of Public Law 109– 

11 59; $29,000,000 shall be for ‘‘High Visibility Enforcement 

12 Program’’ under section 2009 of Public Law 109–59; 

13 $7,000,000 shall be for ‘‘Motorcyclist Safety’’ under sec14 tion 2010 of Public Law 109–59; and $7,000,000 shall 

15 be for ‘‘Child Safety and Child Booster Seat Safety Incen16 tive Grants’’ under section 2011 of Public Law 109–59: 

17 Provided further, That of the funds made available for 

18 grants to States that enact and enforce laws to prevent 

19 distracted driving, up to $5,000,000 may be available for 

20 the development, production, and use of broadcast and 

21 print media advertising for distracted driving prevention: 

22 Provided further, That none of these funds shall be used 

23 for construction, rehabilitation, or remodeling costs, or for 

24 office furnishings and fixtures for State, local or private 

25 buildings or structures: Provided further, That not to ex-
47 

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1 ceed $500,000 of the funds made available for section 410 

2 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ 

3 shall be available for technical assistance to the States: 

4 Provided further, That not to exceed $750,000 of the 

5 funds made available for the ‘‘High Visibility Enforcement 

6 Program’’ shall be available for the evaluation required 

7 under section 2009(f) of Public Law 109–59: Provided 

8 further, That of the amounts made available under this 

9 heading for ‘‘Safety Belt Performance Grants’’, 

10 $25,000,000 shall be available until expended for the mod11 ernization of the National Automotive Sampling System 

12 (NASS), and $5,000,000 shall be available for the devel13 opment of the Driver Alcohol Detection System for Safety 

14 (DADSS), and $8,500,000 shall be available for ‘‘State 

15 Traffic Safety Information System Improvements’’ under 

16 23 U.S.C. 408. 

17 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

18 TRAFFIC SAFETY ADMINISTRATION

19 SEC. 140. Notwithstanding any other provision of law 

20 or limitation on the use of funds made available under 

21 section 403 of title 23, United States Code, an additional 

22 $130,000 shall be made available to the National Highway 

23 Traffic Safety Administration, out of the amount limited 

24 for section 402 of title 23, United States Code, to pay 

25 for travel and related expenses for State management re-
48 

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1 views and to pay for core competency development train2 ing and related expenses for highway safety staff. 

3 SEC. 141. The limitations on obligations for the pro4 grams of the National Highway Traffic Safety Adminis5 tration set in this Act shall not apply to obligations for 

6 which obligation authority was made available in previous 

7 public laws for multiple years but only to the extent that 

8 the obligation authority has not lapsed or been used. 

9 SEC. 142. None of the funds in this Act shall be used 

10 to implement section 404 of title 23, United States Code. 

11 FEDERAL RAILROAD ADMINISTRATION

12 SAFETY AND OPERATIONS

13 For necessary expenses of the Federal Railroad Ad14 ministration, not otherwise provided for, $176,596,000, of 

15 which $12,300,000 shall remain available until expended. 

16 RAILROAD RESEARCH AND DEVELOPMENT

17 For necessary expenses for railroad research and de18 velopment, $30,000,000, to remain available until ex19 pended. 

20 RAILROAD REHABILITATION AND IMPROVEMENT

21 FINANCING PROGRAM

22 The Secretary of Transportation is authorized to 

23 issue to the Secretary of the Treasury notes or other obli24 gations pursuant to section 512 of the Railroad Revitaliza25 tion and Regulatory Reform Act of 1976 (Public Law 94– 
49 

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1 210), as amended, in such amounts and at such times as 

2 may be necessary to pay any amounts required pursuant 

3 to the guarantee of the principal amount of obligations 

4 under sections 511 through 513 of such Act, such author5 ity to exist as long as any such guaranteed obligation is 

6 outstanding: Provided, That pursuant to section 502 of 

7 such Act, as amended, no new direct loans or loan guar8 antee commitments shall be made using Federal funds for 

9 the credit risk premium during fiscal year 2012. 

10 OPERATING SUBSIDY GRANTS TO THE NATIONAL

11 RAILROAD PASSENGER CORPORATION

12 To enable the Secretary of Transportation to make 

13 quarterly grants to the National Railroad Passenger Cor14 poration for the operation of intercity passenger rail, as 

15 authorized by section 101 of the Passenger Rail Invest16 ment and Improvement Act of 2008 (division B of Public 

17 Law 110–432), $544,000,000, to remain available until 

18 expended: Provided, That the amounts available under this 

19 paragraph shall be available for the Secretary to approve 

20 funding to cover operating losses for the Corporation only 

21 after receiving and reviewing a grant request for each spe22 cific train route: Provided further, That each such grant 

23 request shall be accompanied by a detailed financial anal24 ysis, revenue projection, and capital expenditure projection 

25 justifying the Federal support to the Secretary’s satisfac-
50 

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1 tion: Provided further, That not later than 60 days after 

2 enactment of this Act, the Corporation shall transmit, in 

3 electronic format, to the Secretary, the House and Senate 

4 Committees on Appropriations, the House Committee on 

5 Transportation and Infrastructure and the Senate Com6 mittee on Commerce, Science, and Transportation the an7 nual budget and business plan and the 5-Year Financial 

8 Plan for fiscal year 2012 required under section 204 of 

9 the Passenger Rail Investment and Improvement Act of 

10 2008: Provided further, That the budget, business plan, 

11 and the 5-Year Financial Plan shall also include a sepa12 rate accounting of ridership, revenues, and capital and op13 erating expenses for the Northeast Corridor; commuter 

14 service; long-distance Amtrak service; State-supported 

15 service; each intercity train route, including Autotrain; 

16 and commercial activities including contract operations: 

17 Provided further, That the budget, business plan and the 

18 5-Year Financial Plan shall include a description of work 

19 to be funded, along with cost estimates and an estimated 

20 timetable for completion of the projects covered by these 

21 plans: Provided further, That the budget, business plan 

22 and the 5-Year Financial Plan shall include annual infor23 mation on the maintenance, refurbishment, replacement, 

24 and expansion for all Amtrak rolling stock consistent with 

25 the comprehensive fleet plan: Provided further, That the 
51 

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1 Corporation shall provide semiannual reports in electronic 

2 format regarding the pending business plan, which shall 

3 describe the work completed to date, any changes to the 

4 business plan, and the reasons for such changes, and shall 

5 identify all sole-source contract awards which shall be ac6 companied by a justification as to why said contract was 

7 awarded on a sole-source basis: Provided further, That the 

8 Corporation’s budget, business plan, 5-Year Financial 

9 Plan, semiannual reports, and all subsequent supple10 mental plans shall be displayed on the Corporation’s Web 

11 site within a reasonable timeframe following their submis12 sion to the appropriate entities: Provided further, That 

13 none of the funds under this heading may be obligated 

14 or expended until the Corporation agrees to continue abid15 ing by the provisions of paragraphs 1, 2, 5, 9, and 11 

16 of the summary of conditions for the direct loan agree17 ment of June 28, 2002, in the same manner as in effect 

18 on the date of enactment of this Act: Provided further, 

19 That the Corporation shall submit to the House and Sen20 ate Committees on Appropriations a budget request for 

21 fiscal year 2013 in similar format and substance to those 

22 submitted by executive agencies of the Federal Govern23 ment. 
52 

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1 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

2 RAILROAD PASSENGER CORPORATION

3 To enable the Secretary of Transportation to make 

4 grants to the National Railroad Passenger Corporation for 

5 capital investments as authorized by section 101(c) and 

6 219(b) of the Passenger Rail Investment and Improve7 ment Act of 2008 (division B of Public Law 110–432), 

8 $936,778,000, to remain available until expended, of 

9 which not to exceed $271,000,000 shall be for debt service 

10 obligations as authorized by section 102 of such Act: Pro11 vided, That after an initial distribution of up to 

12 $200,000,000, which shall be used by the Corporation as 

13 a working capital account, all remaining funds shall be 

14 provided to the Corporation only on a reimbursable basis: 

15 Provided further, That the Secretary may retain up to one16 fourth of 1 percent of the funds provided under this head17 ing to fund the costs of project management oversight of 

18 capital projects funded by grants provided under this 

19 heading, as authorized by subsection 101(d) of division B 

20 of Public Law 110–432: Provided further, That the Sec21 retary shall approve funding for capital expenditures, in22 cluding advance purchase orders of materials, for the Cor23 poration only after receiving and reviewing a grant request 

24 for each specific capital project justifying the Federal sup25 port to the Secretary’s satisfaction: Provided further, That 
53 

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1 none of the funds under this heading may be used to sub2 sidize operating losses of the Corporation: Provided fur3 ther, That none of the funds under this heading may be 

4 used for capital projects not approved by the Secretary 

5 of Transportation or on the Corporation’s fiscal year 2012 

6 business plan. 

7 CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS

8 AND INTERCITY PASSENGER RAIL SERVICE

9 To enable the Secretary of Transportation to make 

10 grants for high-speed rail projects as authorized under 

11 section 26106 of title 49, United States Code, capital in12 vestment grants to support intercity passenger rail service 

13 as authorized under section 24406 of title 49, United 

14 States Code, and congestion grants as authorized under 

15 section 24105 of title 49, United States Code, and to enter 

16 into cooperative agreements for these purposes as author17 ized, $100,000,000, to remain available until expended: 

18 Provided, That the Administrator of the Federal Railroad 

19 Administration may retain up to 2 percent of the funds 

20 provided under this heading to fund the award and over21 sight by the Administrator of grants and cooperative 

22 agreements for intercity and high-speed rail: Provided fur23 ther, That funds provided under this paragraph are avail24 able to the Administrator for the purposes of conducting 

25 research and demonstrating technologies supporting the 
54 

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1 development of high-speed rail in the United States, in2 cluding the demonstration of next-generation rolling stock 

3 fleet technology and the implementation of the Rail Coop4 erative Research Program authorized by section 24910 of 

5 title 49, United States Code: Provided further, That funds 

6 provided under this paragraph may be used for planning 

7 activities that lead directly to the development of a pas8 senger rail corridor investment plan consistent with the 

9 requirements established by the Administrator or a State 

10 rail plan consistent with chapter 227 of title 49, United 

11 States Code: Provided further, That funds made available 

12 for planning activities under the previous proviso may be 

13 used to facilitate the preparation of a service development 

14 plan and related environmental impact statement for high15 speed corridors located in multiple States: Provided fur16 ther, That the Federal share payable of the costs for which 

17 a grant or cooperative agreements is made under this 

18 heading shall not exceed 80 percent: Provided further, 

19 That in addition to the provisions of title 49, United 

20 States Code, that apply to each of the individual programs 

21 funded under this heading, subsections 24402(a)(2), 

22 24402(f), 24402(i), and 24403(a) and (c) of title 49, 

23 United States Code, shall also apply to the provision of 

24 funds provided under this heading: Provided further, That 

25 a project need not be in a State rail plan developed under 
55 

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1 chapter 227 of title 49, United States Code, to be eligible 

2 for assistance under this heading: Provided further, That 

3 recipients of grants under this paragraph shall conduct all 

4 procurement transactions using such grant funds in a 

5 manner that provides full and open competition, as deter6 mined by the Secretary, in compliance with existing labor 

7 agreements. 

8 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

9 ADMINISTRATION

10 SEC. 150. Hereafter, notwithstanding any other pro11 vision of law, funds provided in this Act for the National 

12 Railroad Passenger Corporation shall immediately cease 

13 to be available to said Corporation in the event that the 

14 Corporation contracts to have services provided at or from 

15 any location outside the United States. For purposes of 

16 this section, the word ‘‘services’’ shall mean any service 

17 that was, as of July 1, 2006, performed by a full-time 

18 or part-time Amtrak employee whose base of employment 

19 is located within the United States. 

20 SEC. 151. The Secretary of Transportation may re21 ceive and expend cash, or receive and utilize spare parts 

22 and similar items, from non-United States Government 

23 sources to repair damages to or replace United States 

24 Government owned automated track inspection cars and 

25 equipment as a result of third-party liability for such dam-
56 

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1 ages, and any amounts collected under this section shall 

2 be credited directly to the Railroad Safety and Operations 

3 account of the Federal Railroad Administration, and shall 

4 remain available until expended for the repair, operation 

5 and maintenance of automated track inspection cars and 

6 equipment in connection with the automated track inspec7 tion program. 

8 SEC. 152. Notwithstanding any other provisions of 

9 law, rule or regulation, the Secretary of Transportation 

10 is authorized to allow the issuer of any preferred stock 

11 heretofore sold to the Department to redeem or repur12 chase such stock upon the payment to the Department of 

13 an amount determined by the Secretary. 

14 FEDERAL TRANSIT ADMINISTRATION

15 ADMINISTRATIVE EXPENSES

16 For necessary administrative expenses of the Federal 

17 Transit Administration’s programs authorized by chapter 

18 53 of title 49, United States Code, $98,713,000: Provided, 

19 That none of the funds provided or limited in this Act 

20 may be used to create a permanent office of transit secu21 rity under this heading: Provided further, That upon sub22 mission to the Congress of the fiscal year 2013 President’s 

23 budget, the Secretary of Transportation shall transmit to 

24 Congress the annual report on New Starts, including pro25 posed allocations of funds for fiscal year 2013. 
57 

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1 FORMULA AND BUS GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORITY)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

6 the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 

7 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and 

8 section 3038 of Public Law 105–178, as amended, 

9 $9,400,000,000 to be derived from the Mass Transit Ac10 count of the Highway Trust Fund and to remain available 

11 until expended: Provided, That funds available for the im12 plementation or execution of programs authorized under 

13 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 

14 5317, 5320, 5335, 5339, and 5340 and section 3038 of 

15 Public Law 105–178, as amended, shall not exceed total 

16 obligations of $8,360,565,000 in fiscal year 2012. 

17 RESEARCH AND UNIVERSITY RESEARCH CENTERS

18 For necessary expenses to carry out 49 U.S.C. 5306, 

19 5312–5315, 5322, and 5506, $40,000,000, to remain 

20 available until expended: Provided, That $9,000,000 is 

21 available to carry out the transit cooperative research pro22 gram under section 5313 of title 49, United States Code, 

23 $4,100,000 is available for the National Transit Institute 

24 under section 5315 of title 49, United States Code, and 

25 $6,500,000 is available for university transportation cen-
58 

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1 ters program under section 5506 of title 49, United States 

2 Code: Provided further, That $25,400,000 is available to 

3 carry out national research programs under sections 5312, 

4 5313, 5314, and 5322 of title 49, United States Code. 

5 CAPITAL INVESTMENT GRANTS

6 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

7 For necessary expenses to carry out section 5309 of 

8 title 49, United States Code, $1,955,000,000, to remain 

9 available until expended, of which $38,000,000 shall be 

10 available to carry out section 5309(e) of such title: Pro11 vided, That not less than $510,000,000 shall be available 

12 for preliminary engineering, final design, and construction 

13 of projects expected to receive a Full Funding Grant 

14 Agreements during calendar year 2012: Provided further, 

15 That the funds awarded for preliminary engineering and 

16 final design under such a grant shall be made available 

17 to cover those costs immediately upon grant award: Pro18 vided further, That of the funds appropriated under this 

19 heading in Public Law 111–8, $27,000,000 are hereby re20 scinded. 

21 GRANTS FOR ENERGY EFFICIENCY AND GREENHOUSE

22 GAS REDUCTIONS

23 For grants to public transit agencies for capital in24 vestments that will reduce the energy consumption or 

25 greenhouse gas emissions of their public transportation 
59 

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1 systems, $25,000,000, to remain available through Sep2 tember 30, 2014: Provided, That priority shall be given 

3 to projects that use innovative and potentially replicable 

4 approaches to reducing energy consumption or greenhouse 

5 gas emissions. 

6 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

7 For grants to the Washington Metropolitan Area 

8 Transit Authority as authorized under section 601 of divi9 sion B of Public Law 110–432, $150,000,000, to remain 

10 available until expended: Provided, That the Secretary 

11 shall approve grants for capital and preventive mainte12 nance expenditures for the Washington Metropolitan Area 

13 Transit Authority only after receiving and reviewing a re14 quest for each specific project: Provided further, That 

15 prior to approving such grants, the Secretary shall deter16 mine that the Washington Metropolitan Area Transit Au17 thority has placed the highest priority on those invest18 ments that will improve the safety of the system. 

19 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

20 ADMINISTRATION

21 SEC. 160. The limitations on obligations for the pro22 grams of the Federal Transit Administration shall not 

23 apply to any authority under 49 U.S.C. 5338, previously 

24 made available for obligation, or to any other authority 

25 previously made available for obligation. 
60 

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1 SEC. 161. Notwithstanding any other provision of 

2 law, funds appropriated or limited by this Act under the 

3 Federal Transit Administration’s discretionary program 

4 appropriations headings for projects specified in this Act 

5 or identified in reports accompanying this Act not obli6 gated by September 30, 2014, and other recoveries, shall 

7 be directed to projects eligible to use the funds for the 

8 purposes for which they were originally provided. 

9 SEC. 162. Notwithstanding any other provision of 

10 law, any funds appropriated before October 1, 2011, under 

11 any section of chapter 53 of title 49, United States Code, 

12 that remain available for expenditure, may be transferred 

13 to and administered under the most recent appropriation 

14 heading for any such section. 

15 SEC. 163. Notwithstanding any other provision of 

16 law, unobligated funds made available for new fixed guide17 way system projects under the heading ‘‘Federal Transit 

18 Administration, Capital Investment Grants’’ in any appro19 priations Act prior to this Act may be used during this 

20 fiscal year to satisfy expenses incurred for such projects. 

21 SEC. 164. In addition to the amounts made available 

22 under section 5327(c)(1) of title 49, United States Code, 

23 the Secretary may use, for program management activities 

24 described in section 5327(c)(2), 1 percent of the amount 

25 made available to carry out section 5316 of title 49, 
61 

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1 United States Code: Provided, That funds made available 

2 for program management oversight shall be used to over3 see the compliance of a recipient or subrecipient of Fed4 eral transit assistance consistent with activities identified 

5 under section 5327(c)(2) and for purposes of enforcement. 

6 SEC. 165. (a) Notwithstanding any other provision 

7 of law, unobligated funds or recoveries under section 5309 

8 of title 49, United States Code, that are available to the 

9 Secretary of Transportation for reallocation shall be di10 rected to projects eligible to use the funds for the purposes 

11 for which they were originally provided. 

12 SEC. 166. Funds made available for Alaska or Hawaii 

13 ferry boats or ferry terminal facilities pursuant to 49 

14 U.S.C. 5309(m)(6)(B) may be used to construct new ves15 sels and facilities, or to improve existing vessels and facili16 ties, including both the passenger and vehicle-related ele17 ments of such vessels and facilities, and for repair facili18 ties. 

19 SEC. 167. Hereafter, the Secretary may not enforce 

20 regulations related to charter bus service under part 604 

21 of title 49, Code of Federal Regulations, for any transit 

22 agency who during fiscal year 2008 was both initially 

23 granted a 60-day period to come into compliance with part 

24 604, and then was subsequently granted an exception from 

25 said part. 
62 

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1 SEC. 168. Hereafter, for purposes of applying the 

2 project justification and local financial commitment cri3 teria of 49 U.S.C. 5309(d) to a New Starts project, the 

4 Secretary may consider the costs and ridership of any con5 nected project in an instance in which private parties are 

6 making significant financial contributions to the construc7 tion of the connected project; additionally, the Secretary 

8 may consider the significant financial contributions of pri9 vate parties to the connected project in calculating the 

10 non-Federal share of net capital project costs for the New 

11 Starts project. 

12 SEC. 169. Hereafter, all bus new fixed guideway cap13 ital projects recommended in the President’s fiscal year 

14 2012 budget request for funds appropriated under the 

15 Capital Investment Grants heading in this Act or any 

16 other Act shall be funded instead from amounts allocated 

17 under 49 U.S.C. 5309(m)(2)(C): Provided, That all such 

18 projects shall remain subject to the appropriate require19 ments of 49 U.S.C. 5309(d) and (e). 

20 SAINT LAWRENCE SEAWAY DEVELOPMENT

21 CORPORATION

22 The Saint Lawrence Seaway Development Corpora23 tion is hereby authorized to make such expenditures, with24 in the limits of funds and borrowing authority available 

25 to the Corporation, and in accord with law, and to make 
63 

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1 such contracts and commitments without regard to fiscal 

2 year limitations as provided by section 104 of the Govern3 ment Corporation Control Act, as amended, as may be 

4 necessary in carrying out the programs set forth in the 

5 Corporation’s budget for the current fiscal year. 

6 OPERATIONS AND MAINTENANCE

7 (HARBOR MAINTENANCE TRUST FUND)

8 For necessary expenses for operations, maintenance, 

9 and capital asset renewal of those portions of the St. Law10 rence Seaway owned, operated, and maintained by the 

11 Saint Lawrence Seaway Development Corporation, 

12 $34,000,000, to be derived from the Harbor Maintenance 

13 Trust Fund, pursuant to Public Law 99–662. 

14 MARITIME ADMINISTRATION

15 MARITIME SECURITY PROGRAM

16 For necessary expenses to maintain and preserve a 

17 U.S.-flag merchant fleet to serve the national security 

18 needs of the United States, $174,000,000, to remain avail19 able until expended. 

20 OPERATIONS AND TRAINING

21 (INCLUDING RESCISSION)

22 For necessary expenses of operations and training ac23 tivities authorized by law, $154,886,000, of which 

24 $11,100,000 shall remain available until expended for 

25 maintenance and repair of training ships at State Mari-
64 

•S 1596 PCS

1 time Academies, and of which $2,400,000 shall remain 

2 available through September 30, 2013 for Student Incen3 tive Program payments at State Maritime Academies, and 

4 of which $22,485,000 shall remain available until ex5 pended for facilities maintenance and repair, equipment, 

6 and capital improvements at the United State Merchant 

7 Marine Academy: Provided, That amounts apportioned for 

8 the United States Merchant Marine Academy shall be 

9 available only upon allotments made personally by the Sec10 retary of Transportation or the Assistant Secretary for 

11 Budget and Programs: Provided further, That the Super12 intendent, Deputy Superintendent and the Director of the 

13 Office of Resource Management of the United State Mer14 chant Marine Academy may not be allotment holders for 

15 the United States Merchant Marine Academy, and the Ad16 ministrator of the Maritime Administration shall hold all 

17 allotments made by the Secretary of Transportation or the 

18 Assistant Secretary for Budget and Programs under the 

19 previous proviso: Provided further, That 50 percent of the 

20 funding made available for the United States Merchant 

21 Marine Academy under this heading shall be available only 

22 after the Secretary, in consultation with the Super23 intendent and the Maritime Administrator, completes a 

24 plan detailing by program or activity how such funding 

25 will be expended at the Academy, and this plan is sub-
65 

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1 mitted to the House and Senate Committees on Appro2 priations: Provided further, That of the prior year unobli3 gated balances under this heading for information tech4 nology requirements of Public Law 111–207, $1,000,000 

5 are permanently rescinded. 

6 SHIP DISPOSAL

7 For necessary expenses related to the disposal of ob8 solete vessels in the National Defense Reserve Fleet of the 

9 Maritime Administration, $10,000,000, to remain avail10 able until expended. 

11 ASSISTANCE TO SMALL SHIPYARDS

12 To make grants to qualified shipyards as authorized 

13 under section 3508 of Public Law 110–417 or section 

14 54101 of title 46, United States Code, $10,000,000, to 

15 remain available until expended: Provided, That to be con16 sidered for assistance, a qualified shipyard shall submit 

17 an application for assistance no later than 60 days after 

18 enactment of this Act: Provided further, That from appli19 cations submitted under the previous proviso, the Sec20 retary of Transportation shall make grants no later than 

21 120 days after enactment of this Act in such amounts as 

22 the Secretary determines. 
66 

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1 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

2 ACCOUNT

3 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

4 For the necessary administrative expenses of the 

5 maritime guaranteed loan program, $4,000,000 shall be 

6 paid to the appropriation for ‘‘Operations and Training’’, 

7 Maritime Administration: Provided, That of the unobli8 gated balance of funds made available for obligation under 

9 Public Law 110–329 and Public Law 111–118, 

10 $35,000,000 are permanently rescinded. 

11 ADMINISTRATIVE PROVISIONS—MARITIME

12 ADMINISTRATION

13 SEC. 170. Notwithstanding any other provision of 

14 this Act, the Maritime Administration is authorized to fur15 nish utilities and services and make necessary repairs in 

16 connection with any lease, contract, or occupancy involving 

17 Government property under control of the Maritime Ad18 ministration, and payments received therefor shall be cred19 ited to the appropriation charged with the cost thereof: 

20 Provided, That rental payments under any such lease, con21 tract, or occupancy for items other than such utilities, 

22 services, or repairs shall be covered into the Treasury as 

23 miscellaneous receipts. 

24 SEC. 171. Notwithstanding any other provision of 

25 law, none of the funds provided in this or any other Act 
67 

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1 shall hereafter be used to make a determination of the 

2 nonavailability of qualified United States flag capacity for 

3 purposes of 46 U.S.C. 501(b) for the transportation of 

4 crude oil distributed from the Strategic Petroleum Reserve 

5 unless as part of that determination the Secretary of 

6 Transportation, after consultation with representatives 

7 from the United States flag maritime industry, provides 

8 to the Secretary of Homeland Security a list of United 

9 States flag vessels with single or collective capacity that 

10 may be capable of providing the requested transportation 

11 services and a written justification for not using such 

12 United States flag vessels. 

13 PIPELINE AND HAZARDOUS MATERIALS SAFETY

14 ADMINISTRATION

15 OPERATIONAL EXPENSES

16 (PIPELINE SAFETY FUND)

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary operational expenses of the Pipeline 

19 and Hazardous Materials Safety Administration, 

20 $22,158,000, of which $639,000 shall be derived from the 

21 Pipeline Safety Fund: Provided, That $1,000,000 shall be 

22 transferred to ‘‘Pipeline Safety’’ in order to fund ‘‘Pipeline 

23 Safety Information Grants to Communities’’ as authorized 

24 under section 60130 of title 49, United States Code. 
68 

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1 HAZARDOUS MATERIALS SAFETY

2 For expenses necessary to discharge the hazardous 

3 materials safety functions of the Pipeline and Hazardous 

4 Materials Safety Administration, $39,020,000, of which 

5 $1,716,000 shall remain available until September 30, 

6 2014: Provided, That up to $800,000 in fees collected 

7 under 49 U.S.C. 5108(g) shall be deposited in the general 

8 fund of the Treasury as offsetting receipts: Provided fur9 ther, That there may be credited to this appropriation, to 

10 be available until expended, funds received from States, 

11 counties, municipalities, other public authorities, and pri12 vate sources for expenses incurred for training, for reports 

13 publication and dissemination, and for travel incurred in 

14 performance of hazardous materials exemptions and ap15 provals functions. 

16 PIPELINE SAFETY

17 (PIPELINE SAFETY FUND)

18 (OIL SPILL LIABILITY TRUST FUND)

19 For expenses necessary to conduct the functions of 

20 the pipeline safety program, for grants-in-aid to carry out 

21 a pipeline safety program, as authorized by 49 U.S.C. 

22 60107, and to discharge the pipeline program responsibil23 ities of the Oil Pollution Act of 1990, $118,364,000, of 

24 which $21,510,000 shall be derived from the Oil Spill Li25 ability Trust Fund and shall remain available until Sep-
69 

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1 tember 30, 2014; of which $93,854,000 shall be derived 

2 from the Pipeline Safety Fund, of which $54,265,000 

3 shall remain available until September 30, 2014; of which 

4 $3,000,000, to remain available until expended, shall be 

5 derived from the Pipeline Safety Design Review Fund, as 

6 established by this Act. 

7 EMERGENCY PREPAREDNESS GRANTS

8 (EMERGENCY PREPAREDNESS FUND)

9 For necessary expenses to carry out 49 U.S.C. 

10 5128(b), $188,000, to be derived from the Emergency 

11 Preparedness Fund, to remain available until September 

12 30, 2013: Provided, That not more than $28,318,000 shall 

13 be made available for obligation in fiscal year 2012 from 

14 amounts made available by 49 U.S.C. 5116(i) and 

15 5128(b)–(c): Provided further, That none of the funds 

16 made available by 49 U.S.C. 5116(i), 5128(b), or 5128(c) 

17 shall be made available for obligation by individuals other 

18 than the Secretary of Transportation, or his designee: Pro19 vided further, That unobligated balances of funds provided 

20 under this paragraph not needed for fiscal year 2012 from 

21 the sum made available herein shall remain available until 

22 expended to invest in the data management and informa23 tion technology modernization efforts, including related 

24 equipment and non-payroll administrative expenses associ-
70 

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1 ated solely with this information technology and tele2 communications infrastructure. 

3 ADMINISTRATIVE PROVISION—PIPELINE AND HAZARDOUS

4 MATERIALS SAFETY ADMINISTRATION

5 COST RECOVERY FOR DESIGN REVIEWS

6 SEC. 180. Section 60117(n) of title 49, United States 

7 Code, is amended to read as follows: 

8 ‘‘(n) COST RECOVERY FOR DESIGN REVIEWS.— 

9 ‘‘(1) IN GENERAL.—If the Secretary conducts 

10 facility design safety reviews in connection with a 

11 proposal to construct, expand, or operate a gas or 

12 hazardous liquid pipeline or liquefied natural gas 

13 pipeline facility, including construction inspections 

14 and oversight, the Secretary may require the person 

15 or entity proposing the project to pay the costs in16 curred by the Secretary relating to such reviews. If 

17 the Secretary exercises the cost recovery authority 

18 described in this section, the Secretary shall pre19 scribe a fee structure and assessment methodology 

20 that is based on the costs of providing these reviews 

21 and shall prescribe procedures to collect fees under 

22 this section. This authority is in addition to the au23 thority provided in section 60301 of this title. 

24 ‘‘(2) NOTIFICATION.—For any new pipeline 

25 construction project in which the Secretary will con-
71 

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1 duct design reviews, the person or entity proposing 

2 the project shall notify the Secretary and provide de3 sign specifications, construction plans and proce4 dures, and related materials at least 120 days prior 

5 to the commencement of construction. 

6 ‘‘(3) DEPOSIT AND USE.—The Secretary shall 

7 deposit funds paid under this subsection into the 

8 Pipeline Safety Design Review Fund. Funds depos9 ited under this section are authorized to be appro10 priated for the purposes set forth in this chapter. 

11 Fees authorized under this section shall be collected 

12 and available for obligation only to the extent and in 

13 the amount provided in advance in appropriations 

14 acts.’’. 

15 RESEARCH AND INNOVATIVE TECHNOLOGY

16 ADMINISTRATION

17 RESEARCH AND DEVELOPMENT

18 For necessary expenses of the Research and Innova19 tive Technology Administration, $15,981,000, of which 

20 $9,007,000 shall remain available until September 30, 

21 2014: Provided, That there may be credited to this appro22 priation, to be available until expended, funds received 

23 from States, counties, municipalities, other public authori24 ties, and private sources for expenses incurred for train25 ing. 
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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector 

4 General to carry out the provisions of the Inspector Gen5 eral Act of 1978, as amended, $82,409,000: Provided, 

6 That the Inspector General shall have all necessary au7 thority, in carrying out the duties specified in the Inspec8 tor General Act, as amended (5 U.S.C. App. 3), to inves9 tigate allegations of fraud, including false statements to 

10 the government (18 U.S.C. 1001), by any person or entity 

11 that is subject to regulation by the Department: Provided 

12 further, That the funds made available under this heading 

13 may be used to investigate, pursuant to section 41712 of 

14 title 49, United States Code: 

15 (1) unfair or deceptive practices and unfair 

16 methods of competition by domestic and foreign air 

17 carriers and ticket agents; and 

18 (2) the compliance of domestic and foreign air 

19 carriers with respect to item (1) of this proviso. 

20 SURFACE TRANSPORTATION BOARD

21 SALARIES AND EXPENSES

22 For necessary expenses of the Surface Transpor23 tation Board, including services authorized by 5 U.S.C. 

24 3109, $29,310,000: Provided, That notwithstanding any 

25 other provision of law, not to exceed $1,250,000 from fees 
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1 established by the Chairman of the Surface Transpor2 tation Board shall be credited to this appropriation as off3 setting collections and used for necessary and authorized 

4 expenses under this heading: Provided further, That the 

5 sum herein appropriated from the general fund shall be 

6 reduced on a dollar-for-dollar basis as such offsetting col7 lections are received during fiscal year 2012, to result in 

8 a final appropriation from the general fund estimated at 

9 no more than $28,060,000. 

10 GENERAL PROVISIONS—DEPARTMENT OF

11 TRANSPORTATION

12 SEC. 190. During the current fiscal year, applicable 

13 appropriations to the Department of Transportation shall 

14 be available for maintenance and operation of aircraft; 

15 hire of passenger motor vehicles and aircraft; purchase of 

16 liability insurance for motor vehicles operating in foreign 

17 countries on official department business; and uniforms or 

18 allowances therefor, as authorized by law (5 U.S.C. 5901– 

19 5902). 

20 SEC. 191. Appropriations contained in this Act for 

21 the Department of Transportation shall be available for 

22 services as authorized by 5 U.S.C. 3109, but at rates for 

23 individuals not to exceed the per diem rate equivalent to 

24 the rate for an Executive Level IV. 
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1 SEC. 192. None of the funds in this Act shall be avail2 able for salaries and expenses of more than 110 political 

3 and Presidential appointees in the Department of Trans4 portation: Provided, That none of the personnel covered 

5 by this provision may be assigned on temporary detail out6 side the Department of Transportation. 

7 SEC. 193. Funds received by the Federal Highway 

8 Administration, Federal Transit Administration, and Fed9 eral Railroad Administration from States, counties, mu10 nicipalities, other public authorities, and private sources 

11 for expenses incurred for training may be credited respec12 tively to the Federal Highway Administration’s ‘‘Federal13 Aid Highways’’ account, the Federal Transit Administra14 tion’s ‘‘Research and University Research Centers’’ ac15 count, and to the Federal Railroad Administration’s 

16 ‘‘Safety and Operations’’ account, except for State rail 

17 safety inspectors participating in training pursuant to 49 

18 U.S.C. 20105. 

19 SEC. 194. None of the funds in this Act to the De20 partment of Transportation may be used to make a grant 

21 unless the Secretary of Transportation notifies the House 

22 and Senate Committees on Appropriations not less than 

23 3 full business days before any project competitively se24 lected to receive a discretionary grant award, any discre25 tionary grant award, letter of intent, or full funding grant 
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1 agreement totaling $1,000,000 or more is announced by 

2 the department or its modal administrations from: 

3 (1) any discretionary grant program of the Fed4 eral Highway Administration including the emer5 gency relief program; 

6 (2) the airport improvement program of the 

7 Federal Aviation Administration; 

8 (3) any program of the Federal Railroad Ad9 ministration; 

10 (4) any program of the Federal Transit Admin11 istration other than the formula grants and fixed 

12 guideway modernization programs; or 

13 (5) any funding provided under the headings 

14 ‘‘National Infrastructure Investments’’ and ‘‘Assist15 ance to Small Shipyards’’ in this Act: Provided, 

16 That the Secretary gives concurrent notification to 

17 the House and Senate Committees on Appropria18 tions for any ‘‘quick release’’ of funds from the 

19 emergency relief program: Provided further, That no 

20 notification shall involve funds that are not available 

21 for obligation. 

22 SEC. 195. Rebates, refunds, incentive payments, 

23 minor fees and other funds received by the Department 

24 of Transportation from travel management centers, 

25 charge card programs, the subleasing of building space, 
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1 and miscellaneous sources are to be credited to appropria2 tions of the Department of Transportation and allocated 

3 to elements of the Department of Transportation using 

4 fair and equitable criteria and such funds shall be avail5 able until expended. 

6 SEC. 196. Amounts made available in this or any 

7 other Act that the Secretary determines represent im8 proper payments by the Department of Transportation to 

9 a third-party contractor under a financial assistance 

10 award, which are recovered pursuant to law, shall be avail11 able— 

12 (1) to reimburse the actual expenses incurred 

13 by the Department of Transportation in recovering 

14 improper payments; and 

15 (2) to pay contractors for services provided in 

16 recovering improper payments or contractor support 

17 in the implementation of the Improper Payments In18 formation Act of 2002: Provided, That amounts in 

19 excess of that required for paragraphs (1) and (2)— 

20 (A) shall be credited to and merged with 

21 the appropriation from which the improper pay22 ments were made, and shall be available for the 

23 purposes and period for which such appropria24 tions are available; or 
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1 (B) if no such appropriation remains avail2 able, shall be deposited in the Treasury as mis3 cellaneous receipts: Provided further, That prior 

4 to the transfer of any such recovery to an ap5 propriations account, the Secretary shall notify 

6 to the House and Senate Committees on Appro7 priations of the amount and reasons for such 

8 transfer: Provided further, That for purposes of 

9 this section, the term ‘‘improper payments’’, 

10 has the same meaning as that provided in sec11 tion 2(d)(2) of Public Law 107–300. 

12 SEC. 197. Notwithstanding any other provision of 

13 law, if any funds provided in or limited by this Act are 

14 subject to a reprogramming action that requires notice to 

15 be provided to the House and Senate Committees on Ap16 propriations, said reprogramming action shall be approved 

17 or denied solely by the Committees on Appropriations: 

18 Provided, That the Secretary may provide notice to other 

19 congressional committees of the action of the Committees 

20 on Appropriations on such reprogramming but not sooner 

21 than 30 days following the date on which the reprogram22 ming action has been approved or denied by the House 

23 and Senate Committees on Appropriations. 

24 SEC. 198. None of the funds appropriated or other25 wise made available under this Act may be used by the 
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1 Surface Transportation Board of the Department of 

2 Transportation to charge or collect any filing fee for rate 

3 or practice complaints filed with the Board in an amount 

4 in excess of the amount authorized for district court civil 

5 suit filing fees under section 1914 of title 28, United 

6 States Code. 

7 This title may be cited as the Department of Trans8 portation Appropriations Act, 2012. 
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1 TITLE II 

2 DEPARTMENT OF HOUSING AND URBAN 

3 DEVELOPMENT 

4 MANAGEMENT AND ADMINISTRATION

5 ADMINISTRATION, OPERATIONS, AND MANAGEMENT

6 For necessary salaries and expenses for administra7 tion, management and operations of the Department of 

8 Housing and Urban Development, $549,499,000, of which 

9 not to exceed $4,610,000 shall be available for the imme10 diate Office of the Secretary and Deputy Secretary; not 

11 to exceed $1,700,000 shall be available for the Office of 

12 Hearings and Appeals; not to exceed $741,000 shall be 

13 available for the Office of Small and Disadvantaged Busi14 ness Utilization; not to exceed $47,984,000 shall be avail15 able for the Office of the Chief Financial Officer; not to 

16 exceed $94,380,000 shall be available for the Office of the 

17 General Counsel; not to exceed $2,695,000 shall be avail18 able to the Office of Congressional and Intergovernmental 

19 Relations; not to exceed $3,988,000 shall be available for 

20 the Office of Public Affairs; not to exceed $546,000 shall 

21 be available to the Office of the Chief Operating Officer, 

22 not to exceed $256,744,000 shall be available for the Of23 fice of the Chief Human Capital Officer; not to exceed 

24 $10,476,000 shall be available for the Office of Depart25 mental Operations and Coordination; not to exceed 
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1 $47,543,000 shall be available for the Office of Field Pol2 icy and Management; not to exceed $14,654,000 shall be 

3 available for the Office of the Chief Procurement Officer; 

4 not to exceed $3,708,000 shall be available for the Office 

5 of Departmental Equal Employment Opportunity; not to 

6 exceed $1,448,000 shall be available for the Center for 

7 Faith-Based and Community Initiatives; not to exceed 

8 $2,627,000 shall be available for the Office of Sustainable 

9 Housing and Communities; not to exceed $5,605,000 shall 

10 be available for the Office of Strategic Planning and Man11 agement; not to exceed $7,415,000 shall be available for 

12 the Office of the Chief Disaster and Emergency Manage13 ment Officer; and not to exceed $42,635,000 shall be 

14 available for the Office of the Chief Information Officer: 

15 Provided further, That the Secretary shall provide the 

16 Committees on Appropriations quarterly written notifica17 tion regarding the status of pending congressional reports: 

18 Provided further, That the Secretary shall provide all 

19 signed reports required by Congress electronically: Pro20 vided further, That not to exceed $25,000 of the amount 

21 made available under this paragraph for the immediate 

22 Office of the Secretary shall be available for official recep23 tion and representation expenses as the Secretary may de24 termine. 
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1 PROGRAM OFFICE SALARIES AND EXPENSES

2 PUBLIC AND INDIAN HOUSING

3 For necessary salaries and expenses of the Office of 

4 Public and Indian Housing, $201,233,000. 

5 COMMUNITY PLANNING AND DEVELOPMENT

6 For necessary salaries and expenses of the Office of 

7 Community Planning and Development mission area, 

8 $101,076,000. 

9 HOUSING

10 For necessary salaries and expenses of the Office of 

11 Housing, $392,796,000, of which $8,200,000 shall be for 

12 the Office of Risk and Regulatory Affairs. 

13 POLICY DEVELOPMENT AND RESEARCH

14 For necessary salaries and expenses of the Office of 

15 Policy Development and Research, $23,016,000. 

16 FAIR HOUSING AND EQUAL OPPORTUNITY

17 For necessary salaries and expenses of the Office of 

18 Fair Housing and Equal Opportunity, $74,766,000. 

19 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

20 CONTROL

21 For necessary salaries and expenses of the Office of 

22 Healthy Homes and Lead Hazard Control, $7,502,000. 

23 RENTAL ASSISTANCE DEMONSTRATION

24 To conduct a demonstration designed to preserve and 

25 improve public housing through the voluntary conversion 
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1 of properties with assistance under section 9 of the U.S. 

2 Housing Act of 1937, (hereinafter, ‘‘the Act’’), to prop3 erties with assistance under a project-based subsidy con4 tract under section 8 of the Act, which shall be eligible 

5 for renewal under section 524 of the Multifamily Assisted 

6 Housing Reform and Affordability Act of 1997, or assist7 ance under section 8(o)(13) of the Act, the Secretary may 

8 transfer amounts provided under the headings ‘‘Public 

9 Housing Capital Fund’’ and ‘‘Public Housing Operating 

10 Fund’’ to the headings ‘‘Tenant-Based Rental Assistance’’ 

11 or ‘‘Project-Based Rental Assistance’’: Provided, That 

12 project applications may be received under this demonstra13 tion until September 30, 2015: Provided further, That any 

14 increase in cost for ‘‘Tenant-Based Rental Assistance’’ or 

15 ‘‘Project-Based Rental Assistance’’ associated with such 

16 conversion shall be equal to amounts transferred from 

17 ‘‘Public Housing Capital Fund’’ and ‘‘Public Housing Op18 erating Fund’’: Provided further, That not more than 

19 60,000 units shall be converted under the authority pro20 vided under this heading: Provided further, That tenants 

21 of such converted properties shall, at a minimum, main22 tain the same rights under such conversion as those pro23 vided under section 9 of the Act: Provided further, That 

24 the Secretary shall select properties from applications for 

25 conversion as part of this demonstration through a com-
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1 petitive process: Provided further, That in establishing cri2 teria for such competition, the Secretary shall seek to 

3 demonstrate the feasibility of this conversion model to re4 capitalize and operate public housing properties (1) in dif5 ferent markets and geographic areas, (2) within portfolios 

6 managed by public housing agencies of varying sizes, and 

7 (3) by leveraging other sources of funding to recapitalize 

8 properties: Provided further, That the Secretary shall pro9 vide an opportunity for public comment on draft eligibility 

10 and selection criteria and procedures that will apply to the 

11 selection of properties that will participate in the dem12 onstration: Provided further, That the Secretary shall pro13 vide an opportunity for comment from residents of prop14 erties to be proposed for participation in the demonstra15 tion to the owners or public housing agencies responsible 

16 for such properties: Provided further, That the Secretary 

17 may waive or specify alternative requirements for (except 

18 for requirements related to fair housing, nondiscrimina19 tion, labor standards, and the environment) any provision 

20 of section 8(o)(13) or any provision that governs the use 

21 of assistance from which a property is converted under 

22 the demonstration or funds made available under the 

23 headings of ‘‘Public Housing Capital Fund’’, ‘‘Public 

24 Housing Operating Fund’’, and ‘‘Project-Based Rental 

25 Assistance’’, under this Act or any prior Act or any Act 
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1 enacted during the period of conversion of assistance 

2 under the demonstration for properties with assistance 

3 converted under the demonstration, upon a finding by the 

4 Secretary that any such waivers or alternative require5 ments are necessary for the effective conversion of assist6 ance under the demonstration: Provided further, That the 

7 Secretary shall publish by notice in the Federal Register 

8 any waivers or alternative requirements pursuant to the 

9 previous proviso no later than 10 days before the effective 

10 date of such notice: Provided further, That the demonstra11 tion may proceed after the Secretary publishes notice of 

12 its terms in the Federal Register: Provided further, That 

13 notwithstanding sections 3 and 16 of the Act, the conver14 sion of assistance under the demonstration shall not be 

15 the basis for re-screening or termination of assistance or 

16 eviction of any tenant family in a property participating 

17 in the demonstration, and such a family shall not be con18 sidered a new admission for any purpose, including com19 pliance with income targeting requirements: Provided fur20 ther, That in the case of a property with assistance con21 verted under the demonstration from assistance under sec22 tion 9 of the Act, section 18 of the Act shall not apply 

23 to a property converting assistance under the demonstra24 tion for all or substantially all of its units, the Secretary 

25 shall require ownership or control of assisted units by a 
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1 public or nonprofit entity except as determined by the Sec2 retary to be necessary pursuant to foreclosure, bank3 ruptcy, or termination and transfer of assistance for mate4 rial violations or substantial default, shall require long5 term renewable use and affordability restrictions for as6 sisted units, and may allow ownership to be transferred 

7 to a for-profit entity to facilitate the use of tax credits 

8 only if the public housing agency preserves its interest in 

9 the property in a manner approved by the Secretary: Pro10 vided further, That the Secretary may permit transfer of 

11 assistance at or after conversion under the demonstration 

12 to replacement units subject to the requirements in the 

13 previous proviso: Provided further, That the Secretary may 

14 establish the requirements for converted assistance under 

15 the demonstration through contracts, use agreements, reg16 ulations, or other means: Provided further, That the Sec17 retary shall assess and publish findings regarding the im18 pact of the conversion of assistance under the demonstra19 tion on the preservation and improvement of public hous20 ing, the amount of private sector leveraging as a result 

21 of such conversion, and the effect of such conversion on 

22 tenants. 
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1 PUBLIC AND INDIAN HOUSING

2 TENANT-BASED RENTAL ASSISTANCE

3 (INCLUDING TRANSFER OF FUNDS)

4 For activities and assistance for the provision of ten5 ant-based rental assistance authorized under the United 

6 States Housing Act of 1937, as amended (42 U.S.C. 1437 

7 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

8 $14,872,357,000, to remain available until expended, shall 

9 be available on October 1, 2011 (in addition to the 

10 $4,000,000,000 previously appropriated under this head11 ing that will become available on October 1, 2011), and 

12 $4,000,000,000, to remain available until expended, shall 

13 be available on October 1, 2012: Provided, That of the 

14 amounts made available under this heading are provided 

15 as follows: 

16 (1) Not less than $17,143,905,000 shall be 

17 available for renewals of expiring section 8 tenant18 based annual contributions contracts (including re19 newals of enhanced vouchers under any provision of 

20 law authorizing such assistance under section 8(t) of 

21 the Act) and including renewal of other special pur22 pose incremental vouchers: Provided, That notwith23 standing any other provision of law, from amounts 

24 provided under this paragraph and any carryover, 

25 the Secretary for the calendar year 2012 funding 
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1 cycle shall provide renewal funding for each public 

2 housing agency based on validated voucher manage3 ment system (VMS) leasing and cost data for the 

4 prior calendar year and by applying an inflation fac5 tor as established by the Secretary, by notice pub6 lished in the Federal Register, and by making any 

7 necessary adjustments for the costs associated with 

8 the first-time renewal of vouchers under this para9 graph including tenant protection and HOPE VI 

10 vouchers: Provided further, That none of the funds 

11 provided under this paragraph may be used to fund 

12 a total number of unit months under lease which ex13 ceeds a public housing agency’s authorized level of 

14 units under contract, except for public housing agen15 cies participating in the Moving to Work (MTW) 

16 demonstration, which are instead governed by the 

17 terms and conditions of their MTW agreements: 

18 Provided further, That the Secretary shall, to the ex19 tent necessary to stay within the amount specified 

20 under this paragraph (except as otherwise modified 

21 under this Act), pro rate each public housing agen22 cy’s allocation otherwise established pursuant to this 

23 paragraph: Provided further, That except as provided 

24 in the following provisos, the entire amount specified 

25 under this paragraph (except as otherwise modified 
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1 under this Act) shall be obligated to the public hous2 ing agencies based on the allocation and pro rata 

3 method described above, and the Secretary shall no4 tify public housing agencies of their annual budget 

5 not later than 60 days after enactment of this Act: 

6 Provided further, That the Secretary may extend the 

7 60-day notification period with the prior written ap8 proval of the House and Senate Committees on Ap9 propriations: Provided further, That public housing 

10 agencies participating in the Moving to Work dem11 onstration shall be funded pursuant to their Moving 

12 to Work agreements and shall be subject to the 

13 same pro rata adjustments under the previous pro14 visos: Provided further, That up to $103,000,000 

15 shall be available only: (1) to adjust the allocations 

16 for public housing agencies, after application for an 

17 adjustment by a public housing agency that experi18 enced a significant increase, as determined by the 

19 Secretary, in renewal costs of tenant-based rental 

20 assistance resulting from unforeseen circumstances 

21 or from portability under section 8(r) of the Act; (2) 

22 for vouchers that were not in use during the 12- 

23 month period in order to be available to meet a com24 mitment pursuant to section 8(o)(13) of the Act; (3) 

25 for adjustments for costs associated with HUD-Vet-
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1 erans Affairs Supportive Housing (HUD–VASH) 

2 vouchers; and (4) for incremental tenant-based as3 sistance for eligible families currently assisted under 

4 the Disaster Voucher Program as authorized by 

5 Public Law 109–148 under this heading and the 

6 Disaster Housing Assistance Program for Hurri7 canes Ike and Gustav on the condition that such 

8 vouchers will not be re-issued when families leave 

9 the program: Provided further, That of the amounts 

10 made available under this paragraph, up to 

11 $15,000,000 may be transferred to and merged with 

12 the appropriation for ‘‘Transformation Initiative’’; 

13 (2) $75,000,000 shall be for section 8 rental as14 sistance for relocation and replacement of housing 

15 units that are demolished or disposed of pursuant to 

16 section 18 of the Act, conversion of section 23 

17 projects to assistance under section 8, the family 

18 unification program under section 8(x) of the Act, 

19 relocation of witnesses in connection with efforts to 

20 combat crime in public and assisted housing pursu21 ant to a request from a law enforcement or prosecu22 tion agency, enhanced vouchers under any provision 

23 of law authorizing such assistance under section 8(t) 

24 of the Act, HOPE VI vouchers, mandatory and vol25 untary conversions, and tenant protection assistance 
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1 including replacement and relocation assistance or 

2 for project-based assistance to prevent the displace3 ment of unassisted elderly tenants currently residing 

4 in section 202 properties financed between 1959 and 

5 1974 that are refinanced pursuant to Public Law 

6 106–569, as amended, or under the authority as 

7 provided under this Act: Provided, That when a pub8 lic housing development is submitted for demolition 

9 or disposition under section 18 of the Act, the Sec10 retary may provide section 8 rental assistance when 

11 the units pose an imminent health and safety risk to 

12 residents: Provided further, That the Secretary may 

13 only provide replacement vouchers for units that 

14 were occupied within the previous 24 months that 

15 cease to be available as assisted housing, subject 

16 only to the availability of funds: Provided further, 

17 That of the amounts made available under this para18 graph, $10,000,000 shall be available to provide ten19 ant protection assistance, not otherwise provided 

20 under this paragraph, to residents residing in low21 vacancy areas and who may have to pay rents great22 er than 30 percent of household income, as the re23 sult of (1) the maturity of a HUD-insured, HUD24 held or section 202 loan that requires the permission 

25 of the Secretary prior to loan prepayment; (2) the 
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1 expiration of a rental assistance contract for which 

2 the tenants are not eligible for enhanced voucher or 

3 tenant protection assistance under existing law; or 

4 (3) the expiration of affordability restrictions accom5 panying a mortgage or preservation program admin6 istered by the Secretary: Provided further, That such 

7 tenant protection assistance made available under 

8 the previous proviso may be provided under the au9 thority of section 8(t) or section 8(o)(13) of the 

10 United States Housing Act of 1937 (42 U.S.C. 

11 1437f(t)): Provided further, That the Secretary shall 

12 issue guidance to implement the previous provisos, 

13 including, but not limited to, requirements for defin14 ing eligible at-risk households within 120 days of the 

15 enactment of this Act; 

16 (3) $1,400,000,000 shall be for administrative 

17 and other expenses of public housing agencies in ad18 ministering the section 8 tenant-based rental assist19 ance program, of which up to $50,000,000 shall be 

20 available to the Secretary to allocate to public hous21 ing agencies that need additional funds to admin22 ister their section 8 programs, including fees associ23 ated with section 8 tenant protection rental assist24 ance, the administration of disaster related vouchers, 

25 Veterans Affairs Supportive Housing vouchers, and 
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1 other incremental vouchers: Provided, That no less 

2 than $1,350,000,000 of the amount provided in this 

3 paragraph shall be allocated to public housing agen4 cies for the calendar year 2012 funding cycle based 

5 on section 8(q) of the Act (and related Appropria6 tion Act provisions) as in effect immediately before 

7 the enactment of the Quality Housing and Work Re8 sponsibility Act of 1998 (Public Law 105–276): Pro9 vided further, That if the amounts made available 

10 under this paragraph are insufficient to pay the 

11 amounts determined under the previous proviso, the 

12 Secretary may decrease the amounts allocated to 

13 agencies by a uniform percentage applicable to all 

14 agencies receiving funding under this paragraph or 

15 may, to the extent necessary to provide full payment 

16 of amounts determined under the previous proviso, 

17 utilize unobligated balances, including recaptures 

18 and carryovers, remaining from funds appropriated 

19 to the Department of Housing and Urban Develop20 ment under this heading from prior fiscal years, not21 withstanding the purposes for which such amounts 

22 were appropriated: Provided further, That amounts 

23 provided under this paragraph shall be only for ac24 tivities related to the provision of tenant-based rent-
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1 al assistance authorized under section 8, including 

2 related development activities; 

3 (4) $60,000,000 shall be available for family 

4 self-sufficiency coordinators under section 23 of the 

5 Act; 

6 (5) $113,452,000 for the renewal of tenant7 based assistance contracts under section 811 of the 

8 Cranston-Gonzalez National Affordable Housing Act 

9 (42 U.S.C. 8013), including necessary administra10 tive expenses; 

11 (6) $75,000,000 for incremental rental voucher 

12 assistance for use through a supported housing pro13 gram administered in conjunction with the Depart14 ment of Veterans Affairs as authorized under section 

15 8(o)(19) of the United States Housing Act of 1937: 

16 Provided, That the Secretary of Housing and Urban 

17 Development shall make such funding available, not18 withstanding section 204 (competition provision) of 

19 this title, to public housing agencies that partner 

20 with eligible VA Medical Centers or other entities as 

21 designated by the Secretary of the Department of 

22 Veterans Affairs, based on geographical need for 

23 such assistance as identified by the Secretary of the 

24 Department of Veterans Affairs, public housing 

25 agency administrative performance, and other fac-
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1 tors as specified by the Secretary of Housing and 

2 Urban Development in consultation with the Sec3 retary of the Department of Veterans Affairs: Pro4 vided further, That the Secretary of Housing and 

5 Urban Development may waive, or specify alter6 native requirements for (in consultation with the 

7 Secretary of the Department of Veterans Affairs), 

8 any provision of any statute or regulation that the 

9 Secretary of Housing and Urban Development ad10 ministers in connection with the use of funds made 

11 available under this paragraph (except for require12 ments related to fair housing, nondiscrimination, 

13 labor standards, and the environment), upon a find14 ing by the Secretary that any such waivers or alter15 native requirements are necessary for the effective 

16 delivery and administration of such voucher assist17 ance: Provided further, That assistance made avail18 able under this paragraph shall continue to remain 

19 available for homeless veterans upon turn-over; 

20 (7) $5,000,000 for payments to public housing 

21 authorities to be competitively awarded in order to 

22 demonstrate the effectiveness of leveraging main23 stream resources to address the needs of families 

24 and individuals who are homeless or at risk of home25 lessness, as defined by the Secretary of Housing and 
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1 Urban Development, to be administered by the Sec2 retary in conjunction with the Department of Health 

3 and Human Services and the Department of Edu4 cation: Provided, That funds provided under this 

5 paragraph shall be awarded to public housing au6 thorities that (1) partner with eligible State and 

7 local entities responsible for distributing Temporary 

8 Assistance for Needy Families (TANF) and other 

9 health and human services, as designated by the 

10 Secretary of the Department of Health and Human 

11 Services, and (2) partner with school homelessness 

12 liaisons funded through the Department of Edu13 cation’s Education for Homeless Children and Youth 

14 Program: Provided further, That the funds may also 

15 be available to public housing authorities that part16 ner with eligible State Medicaid agencies and State 

17 behavioral health entities, as designated by the Sec18 retary of the Department of Health and Human 

19 Services, to provide housing in conjunction with 

20 Medicaid case management, substance abuse treat21 ment, and mental health services; and 

22 (8) The Secretary shall separately track all spe23 cial purpose vouchers funded under this heading. 
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1 HOUSING CERTIFICATE FUND

2 (RESCISSION)

3 Of the unobligated balances, including recaptures and 

4 carryover, remaining from funds appropriated to the De5 partment of Housing and Urban Development under this 

6 heading, $200,000,000 are rescinded, to be effected by the 

7 Secretary of Housing and Urban Development no later 

8 than September 30, 2012: Provided, That if insufficient 

9 funds exist under these headings, the remaining balance 

10 may be derived from any other unobligated balances avail11 able under any heading under this title funded in fiscal 

12 year 2011 and prior years: Provided further, That the Sec13 retary shall notify the Committees on Appropriations of 

14 the unobligated balances used to meet this rescission 30 

15 days in advance of such rescission: Provided further, That 

16 any such balances governed by reallocation provisions 

17 under the statute authorizing the program for which the 

18 funds were originally appropriated shall be available for 

19 the rescission: Provided further, That any obligated bal20 ances of contract authority from fiscal year 1974 and 

21 prior that have been terminated shall be cancelled. 

22 PUBLIC HOUSING CAPITAL FUND

23 For the Public Housing Capital Fund Program to 

24 carry out capital and management activities for public 

25 housing agencies, as authorized under section 9 of the 
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1 United States Housing Act of 1937 (42 U.S.C. 1437g) 

2 (the ‘‘Act’’) $1,875,000,000, to remain available until 

3 September 30, 2015: Provided, That notwithstanding any 

4 other provision of law or regulation, during fiscal year 

5 2012 the Secretary of Housing and Urban Development 

6 may not delegate to any Department official other than 

7 the Deputy Secretary and the Assistant Secretary for 

8 Public and Indian Housing any authority under paragraph 

9 (2) of section 9(j) regarding the extension of the time peri10 ods under such section: Provided further, That for pur11 poses of such section 9(j), the term ‘‘obligate’’ means, with 

12 respect to amounts, that the amounts are subject to a 

13 binding agreement that will result in outlays, immediately 

14 or in the future: Provided further, That up to $10,000,000 

15 shall be to support the ongoing Public Housing Financial 

16 and Physical Assessment activities of the Real Estate As17 sessment Center (REAC): Provided further, That of the 

18 total amount provided under this heading, not to exceed 

19 $20,000,000 shall be available for the Secretary to make 

20 grants, notwithstanding section 204 of this Act, to public 

21 housing agencies for emergency capital needs including 

22 safety and security measures necessary to address crime 

23 and drug-related activity as well as needs resulting from 

24 unforeseen or unpreventable emergencies and natural dis25 asters excluding Presidentially declared emergencies and 
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1 natural disasters under the Robert T. Stafford Disaster 

2 Relief and Emergency Act (42 U.S.C. 5121 et seq.) occur3 ring in fiscal year 2012: Provided further, That of the total 

4 amount provided under this heading $50,000,000 shall be 

5 for supportive services, service coordinator and congregate 

6 services as authorized by section 34 of the Act (42 U.S.C. 

7 1437z–6) and the Native American Housing Assistance 

8 and Self-Determination Act of 1996 (25 U.S.C. 4101 et 

9 seq.): Provided further, That of the total amount provided 

10 under this heading, up to $5,000,000 is to support the 

11 costs of administrative and judicial receiverships: Provided 

12 further, That from the funds made available under this 

13 heading, the Secretary shall provide bonus awards in fiscal 

14 year 2012 to public housing agencies that are designated 

15 high performers. 

16 PUBLIC HOUSING OPERATING FUND

17 For 2012 payments to public housing agencies for the 

18 operation and management of public housing, as author19 ized by section 9(e) of the United States Housing Act of 

20 1937 (42 U.S.C. 1437g(e)), $3,961,850,000, of which 

21 $20,000,000 shall be available until September 30, 2013: 

22 Provided, That in determining public housing agencies’, 

23 including Moving to Work agencies’, calendar year 2012 

24 funding allocations under this heading, the Secretary shall 

25 take into account public housing agencies’ excess oper-
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1 ating fund reserves, as determined by the Secretary: Pro2 vided further, That Moving to Work agencies shall receive 

3 a pro-rata reduction consistent with their peer groups: 

4 Provided further, That no public housing agency shall be 

5 left with less than $100,000 in operating reserves: Pro6 vided further, That the Secretary shall not offset excess 

7 reserves by more than $750,000,000: Provided further, 

8 That in implementing such allocation reductions, the Sec9 retary shall establish a process by which public housing 

10 agencies can appeal the initial allocation amounts and the 

11 Secretary shall consider adjustments based on such fac12 tors, including prior funding reservations, commitments 

13 related to mixed finance developments, or reporting errors: 

14 Provided further, That the Secretary shall notify public 

15 housing agencies of such process and what documentation 

16 may be required as part of such appeal: Provided further, 

17 That following the appeals process established under the 

18 previous two provisos, the Secretary shall make final allo19 cations: Provided further, That of the amount provided 

20 under this heading up to $20,000,000 may be set aside 

21 to provide assistance to any public housing authority who 

22 encounters financial hardship as a direct result of an ex23 cess reserve offset applied to an allocation of funding 

24 under this heading: Provided further, That the Secretary 
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1 shall provide flexibility to public housing agencies to use 

2 excess operating reserves for capital improvements. 

3 CHOICE NEIGHBORHOODS

4 For competitive grants under the Choice Neighbor5 hoods Initiative (subject to section 24 of the United States 

6 Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 

7 specified under this heading), for transformation, rehabili8 tation, and replacement housing needs of both public and 

9 HUD-assisted housing and to transform neighborhoods of 

10 poverty into functioning, sustainable mixed income neigh11 borhoods with appropriate services, schools, public assets, 

12 transportation and access to jobs, $120,000,000, to re13 main available until September 30, 2014: Provided, That 

14 grant funds may be used for resident and community serv15 ices, community development, and affordable housing 

16 needs in the community, and for conversion of vacant or 

17 foreclosed properties to affordable housing: Provided fur18 ther, That grantees shall undertake comprehensive local 

19 planning with input from residents and the community, 

20 and that grantees shall provide a match in State, local, 

21 other Federal or private funds: Provided further, That 

22 grantees may include local governments, tribal entities, 

23 public housing authorities, and nonprofits: Provided fur24 ther, That for-profit developers may apply jointly with a 

25 public entity: Provided further, That of the amount pro-
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1 vided, not less than $80,000,000 shall be awarded to pub2 lic housing authorities: Provided further, That such grant3 ees shall create partnerships with other local organizations 

4 including assisted housing owners, service agencies, and 

5 resident organizations: Provided further, That the Sec6 retary shall consult with the Secretaries of Education, 

7 Labor, Transportation, Health and Human Services, Agri8 culture, and Commerce and the Administrator of the Envi9 ronmental Protection Agency to coordinate and leverage 

10 other appropriate Federal resources: Provided further, 

11 That no more than $5,000,000 of funds made available 

12 under this heading may be provided to assist communities 

13 in developing comprehensive strategies for implementing 

14 this program or implementing other revitalization efforts 

15 in conjunction with community notice and input: Provided 

16 further, That the Secretary shall develop and publish 

17 guidelines for the use of such competitive funds, including 

18 but not limited to eligible activities, program require19 ments, and performance metrics. 

20 NATIVE AMERICAN HOUSING BLOCK GRANTS

21 For the Native American Housing Block Grants pro22 gram, as authorized under title I of the Native American 

23 Housing Assistance and Self-Determination Act of 1996 

24 (NAHASDA) (25 U.S.C. 4111 et seq.), $650,000,000, to 

25 remain available until expended: Provided, That, notwith-
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1 standing the Native American Housing Assistance and 

2 Self-Determination Act of 1996, to determine the amount 

3 of the allocation under title I of such Act for each Indian 

4 tribe, the Secretary shall apply the formula under section 

5 302 of such Act with the need component based on single6 race census data and with the need component based on 

7 multi-race census data, and the amount of the allocation 

8 for each Indian tribe shall be the greater of the two result9 ing allocation amounts: Provided further, That of the 

10 amounts made available under this heading, $3,500,000 

11 shall be contracted for assistance for a national organiza12 tion representing Native American housing interests for 

13 providing training and technical assistance to Indian hous14 ing authorities and tribally designated housing entities as 

15 authorized under NAHASDA; and $4,250,000 shall be to 

16 support the inspection of Indian housing units, contract 

17 expertise, training, and technical assistance in the train18 ing, oversight, and management of such Indian housing 

19 and tenant-based assistance, including up to $300,000 for 

20 related travel: Provided further, That of the amount pro21 vided under this heading, $2,000,000 shall be made avail22 able for the cost of guaranteed notes and other obligations, 

23 as authorized by title VI of NAHASDA: Provided further, 

24 That such costs, including the costs of modifying such 

25 notes and other obligations, shall be as defined in section 
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1 502 of the Congressional Budget Act of 1974, as amend2 ed: Provided further, That these funds are available to sub3 sidize the total principal amount of any notes and other 

4 obligations, any part of which is to be guaranteed, not to 

5 exceed $20,000,000. 

6 NATIVE HAWAIIAN HOUSING BLOCK GRANT

7 For the Native Hawaiian Housing Block Grant pro8 gram, as authorized under title VIII of the Native Amer9 ican Housing Assistance and Self-Determination Act of 

10 1996 (25 U.S.C. 4111 et seq.), $13,000,000, to remain 

11 available until expended: Provided, That of this amount, 

12 $300,000 shall be for training and technical assistance ac13 tivities, including up to $100,000 for related travel by Ha14 waii-based HUD employees. 

15 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

16 ACCOUNT

17 For the cost of guaranteed loans, as authorized by 

18 section 184 of the Housing and Community Development 

19 Act of 1992 (12 U.S.C. 1715z), $7,000,000, to remain 

20 available until expended: Provided, That such costs, in21 cluding the costs of modifying such loans, shall be as de22 fined in section 502 of the Congressional Budget Act of 

23 1974: Provided further, That these funds are available to 

24 subsidize total loan principal, any part of which is to be 

25 guaranteed, up to $428,000,000: Provided further, That 
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1 up to $750,000 shall be for administrative contract ex2 penses including management processes and systems to 

3 carry out the loan guarantee program. 

4 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

5 PROGRAM ACCOUNT

6 For the cost of guaranteed loans, as authorized by 

7 section 184A of the Housing and Community Develop8 ment Act of 1992 (12 U.S.C. 1715z) and for such costs 

9 for loans used for refinancing, $386,000, to remain avail10 able until expended: Provided, That such costs, including 

11 the costs of modifying such loans, shall be as defined in 

12 section 502 of the Congressional Budget Act of 1974: Pro13 vided further, That these funds are available to subsidize 

14 total loan principal, any part of which is to be guaranteed, 

15 not to exceed $41,504,000. 

16 COMMUNITY PLANNING AND DEVELOPMENT

17 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

18 For carrying out the Housing Opportunities for Per19 sons with AIDS program, as authorized by the AIDS 

20 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

21 $330,000,000, to remain available until September 30, 

22 2013, except that amounts allocated pursuant to section 

23 854(c)(3) of such Act shall remain available until Sep24 tember 30, 2014: Provided, That the Secretary shall renew 

25 all expiring contracts for permanent supportive housing 
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1 that were funded under section 854(c)(3) of such Act that 

2 meet all program requirements before awarding funds for 

3 new contracts and activities authorized under this section. 

4 COMMUNITY DEVELOPMENT FUND

5 For assistance to units of State and local govern6 ment, and to other entities, for economic and community 

7 development activities, and for other purposes, 

8 $3,001,027,000, to remain available until September 30, 

9 2013, unless otherwise specified: Provided, That of the 

10 total amount provided, $2,851,027,000 is for carrying out 

11 the community development block grant program under 

12 title I of the Housing and Community Development Act 

13 of 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 

14 et seq.): Provided further, That unless explicitly provided 

15 for under this heading (except for planning grants pro16 vided in the second paragraph and amounts made avail17 able under the third paragraph), not to exceed 20 percent 

18 of any grant made with funds appropriated under this 

19 heading shall be expended for planning and management 

20 development and administration: Provided further, That 

21 $60,000,000 shall be for grants to Indian tribes notwith22 standing section 106(a)(1) of such Act, of which, notwith23 standing any other provision of law (including section 204 

24 of this Act), up to $3,960,000 may be used for emer-
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1 gencies that constitute imminent threats to health and 

2 safety. 

3 Of the amounts made available under this heading, 

4 $90,000,000 shall be made available for a Sustainable 

5 Communities Initiative to improve regional planning ef6 forts that integrate housing and transportation decisions, 

7 and increase the capacity to improve land use and zoning: 

8 Provided, That $63,000,000 shall be for Regional Inte9 grated Planning Grants to support the linking of transpor10 tation and land use planning: Provided further, That not 

11 less than $15,750,000 of the funding made available for 

12 Regional Integrated Planning Grants shall be awarded to 

13 metropolitan areas of less than 500,000: Provided further, 

14 That $27,000,000 shall be for Community Challenge 

15 Planning Grants to foster reform and reduce barriers to 

16 achieve affordable, economically vital, and sustainable 

17 communities: Provided further, That the Secretary will 

18 consult with the Secretary of Transportation in evaluating 

19 grant proposals. 

20 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER

21 FUNDING

22 For an additional amount for the ‘‘Community Devel23 opment Fund’’, for necessary expenses related to disaster 

24 relief, long-term recovery, and restoration of infrastruc25 ture, housing, and economic revitalization resulting from 
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1 a major disaster designation pursuant to the Robert T. 

2 Stafford Disaster Relief and Emergency Assistance Act 

3 (42 U.S.C. 5122(2)) in 2011, $400,000,000, to remain 

4 available until expended, for activities authorized under 

5 title I of the Housing and Community Development Act 

6 of 1974 (Public Law 93–383): Provided, That the amount 

7 provided under this heading is designated by Congress as 

8 being for disaster relief pursuant to section 251(b)(2)(D) 

9 of the Balanced Budget and Emergency Deficit Control 

10 Act of 1985 (Public Law 99–177), as amended: Provided 

11 further, That funds shall be awarded directly to the State 

12 or unit of general local government at the discretion of 

13 the Secretary: Provided further, That prior to the obliga14 tion of funds a grantee shall submit a plan to the Sec15 retary detailing the proposed use of all funds, including 

16 criteria for eligibility and how the use of these funds will 

17 address long-term recovery and restoration of infrastruc18 ture: Provided further, That funds provided under this 

19 heading may be used by a State or locality as a matching 

20 requirement, share, or contribution for any other Federal 

21 program: Provided further, That such funds may not be 

22 used for activities reimbursable by, or for which funds are 

23 made available by, the Federal Emergency Management 

24 Agency or the Army Corps of Engineers: Provided further, 

25 That funds allocated under this heading shall not ad-
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1 versely affect the amount of any formula assistance re2 ceived by a State or subdivision thereof under the Commu3 nity Development Fund: Provided further, That a State 

4 or subdivision thereof may use up to 5 percent of its allo5 cation for administrative costs: Provided further, That in 

6 administering the funds under this heading, the Secretary 

7 of Housing and Urban Development may waive, or specify 

8 alternative requirements for, any provision of any statute 

9 or regulation that the Secretary administers in connection 

10 with the obligation by the Secretary or the use by the re11 cipient of these funds or guarantees (except for require12 ments related to fair housing, nondiscrimination, labor 

13 standards, and the environment), upon a request by a 

14 State or subdivision thereof explaining why such waiver 

15 is required to facilitate the use of such funds or guaran16 tees, if the Secretary finds that such waiver would not be 

17 inconsistent with the overall purpose of title I of the Hous18 ing and Community Development Act of 1974: Provided 

19 further, That the Secretary shall publish in the Federal 

20 Register any waiver of any statute or regulation that the 

21 Secretary administers pursuant to title I of the Housing 

22 and Community Development Act of 1974 no later than 

23 5 days before the effective date of such waiver. 
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1 COMMUNITY DEVELOPMENT LOAN GUARANTEES

2 PROGRAM ACCOUNT

3 For the cost of guaranteed loans, $4,960,000, to re4 main available until September 30, 2012, as authorized 

5 by section 108 of the Housing and Community Develop6 ment Act of 1974 (42 U.S.C. 5308): Provided, That such 

7 costs, including the cost of modifying such loans, shall be 

8 as defined in section 502 of the Congressional Budget Act 

9 of 1974: Provided further, That these funds are available 

10 to subsidize total loan principal, any part of which is to 

11 be guaranteed, not to exceed $200,000,000, notwith12 standing any aggregate limitation on outstanding obliga13 tions guaranteed in section 108(k) of the Housing and 

14 Community Development Act of 1974, as amended. 

15 HOME INVESTMENT PARTNERSHIPS PROGRAM

16 For the HOME investment partnerships program, as 

17 authorized under title II of the Cranston-Gonzalez Na18 tional Affordable Housing Act, as amended, 

19 $1,000,000,000, to remain available until September 30, 

20 2013: Provided, That notwithstanding the amount made 

21 available under this heading, the threshold reduction re22 quirements in sections 216(10) and 217(b)(4) of such Act 

23 shall not apply to allocation of such amount: Provided fur24 ther, That funds made available under this heading used 

25 for projects not completed within 4 years of the commit-
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1 ment date, as determined by a signature of each party 

2 to the agreement shall be repaid: Provided further, That 

3 the Secretary may extend the deadline for 1 year if the 

4 Secretary determines that the failure to complete the 

5 project is beyond the control of the participating jurisdic6 tion: Provided further, That no funds provided under this 

7 heading may be committed to any project included as part 

8 of a participating jurisdiction’s plan under section 105(b), 

9 unless each participating jurisdiction certifies that it has 

10 conducted an underwriting review, assessed developer ca11 pacity and fiscal soundness, and examined neighborhood 

12 market conditions to ensure adequate need for each 

13 project: Provided further, That any homeownership units 

14 funded under this heading which cannot be sold to an eli15 gible homeowner within 6 months of project completion 

16 shall be rented to an eligible tenant: Provided further, 

17 That no funds provided under this heading may be award18 ed for development activities to a community housing de19 velopment organization that cannot demonstrate that it is 

20 has staff with demonstrated development experience: Pro21 vided further, That funds provided in prior appropriations 

22 Acts for technical assistance, that were made available for 

23 Community Housing Development Organizations technical 

24 assistance, and that still remain available, may be used 
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1 for HOME technical assistance notwithstanding the pur2 poses for which such amounts were appropriated. 

3 SELF-HELP AND ASSISTED HOMEOWNERSHIP

4 OPPORTUNITY PROGRAM

5 For the Self-Help and Assisted Homeownership Op6 portunity Program, as authorized under section 11 of the 

7 Housing Opportunity Program Extension Act of 1996, as 

8 amended, $57,000,000, to remain available until Sep9 tember 30, 2013: Provided, That of the total amount pro10 vided under this heading, $17,000,000 shall be made 

11 available to the Self-Help and Assisted Homeownership 

12 Opportunity Program as authorized under section 11 of 

13 the Housing Opportunity Program Extension Act of 1996, 

14 as amended: Provided further, That $35,000,000 shall be 

15 made available for the second, third and fourth capacity 

16 building activities authorized under section 4(a) of the 

17 HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), 

18 of which not less than $5,000,000 may be made available 

19 for rural capacity-building activities: Provided further, 

20 That $5,000,000 shall be made available for capacity21 building activities for a national organization with exper22 tise in rural housing, including experience working with 

23 rural housing organizations, local governments, and In24 dian tribes. 
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1 HOMELESS ASSISTANCE GRANTS

2 (INCLUDING TRANSFER OF FUNDS)

3 For the emergency solutions grants program as au4 thorized under subtitle B of title IV of the McKinney5 Vento Homeless Assistance Act, as amended; the con6 tinuum of care program as authorized under subtitle C 

7 of title IV of such Act; and the rural housing stability as8 sistance program as authorized under subtitle D of title 

9 IV of such Act, $1,901,190,000, of which $1,896,190,000 

10 shall remain available until September 30, 2014, and of 

11 which $5,000,000 shall remain available until expended 

12 for project-based rental assistance with rehabilitation 

13 projects with 10-year grant terms and any rental assist14 ance amounts that are recaptured under such continuum 

15 of care program shall remain available until expended: 

16 Provided, That not less than $286,000,000 of the funds 

17 appropriated under this heading shall be available for such 

18 emergency solutions grants program: Provided further, 

19 That not less than $1,602,190,000 of the funds appro20 priated under this heading shall be available for such con21 tinuum of care and rural housing stability assistance pro22 grams: Provided further, That up to $8,000,000 of the 

23 funds appropriated under this heading shall be available 

24 for the national homeless data analysis project: Provided 

25 further, That for all match requirements applicable to 
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1 funds made available under this heading for this fiscal 

2 year and prior years, a grantee may use (or could have 

3 used) as a source of match funds other funds administered 

4 by the Secretary and other Federal agencies unless there 

5 is (or was) a specific statutory prohibition on any such 

6 use of any such funds: Provided further, That the Sec7 retary shall renew on an annual basis expiring contracts 

8 or amendments to contracts funded under the continuum 

9 of care program if the program is determined to be needed 

10 under the applicable continuum of care and meets appro11 priate program requirements and financial standards, as 

12 determined by the Secretary: Provided further, That all 

13 awards of assistance under this heading shall be required 

14 to coordinate and integrate homeless programs with other 

15 mainstream health, social services, and employment pro16 grams for which homeless populations may be eligible, in17 cluding Medicaid, State Children’s Health Insurance Pro18 gram, Temporary Assistance for Needy Families, Food 

19 Stamps, and services funding through the Mental Health 

20 and Substance Abuse Block Grant, Workforce Investment 

21 Act, and the Welfare-to-Work grant program: Provided 

22 further, That all balances for Shelter Plus Care renewals 

23 previously funded from the Shelter Plus Care Renewal ac24 count and transferred to this account shall be available, 
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1 if recaptured, for continuum of care renewals in fiscal year 

2 2012. 

3 HOUSING PROGRAMS

4 PROJECT-BASED RENTAL ASSISTANCE

5 For activities and assistance for the provision of 

6 project-based subsidy contracts under the United States 

7 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

8 Act’’), not otherwise provided for, $9,018,672,000, to re9 main available until expended, shall be available on Octo10 ber 1, 2011 (in addition to the $400,000,000 previously 

11 appropriated under this heading that will become available 

12 October 1, 2012), and $400,000,000, to remain available 

13 until expended, shall be available on October 1, 2012: Pro14 vided, That the amounts made available under this head15 ing shall be available for expiring or terminating section 

16 8 project-based subsidy contracts (including section 8 

17 moderate rehabilitation contracts), for amendments to sec18 tion 8 project-based subsidy contracts (including section 

19 8 moderate rehabilitation contracts), for contracts entered 

20 into pursuant to section 441 of the McKinney-Vento 

21 Homeless Assistance Act (42 U.S.C. 11401), for renewal 

22 of section 8 contracts for units in projects that are subject 

23 to approved plans of action under the Emergency Low In24 come Housing Preservation Act of 1987 or the Low-In25 come Housing Preservation and Resident Homeownership 
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1 Act of 1990, and for administrative and other expenses 

2 associated with project-based activities and assistance 

3 funded under this paragraph: Provided further, That of 

4 the total amounts provided under this heading, not to ex5 ceed $289,000,000 shall be available for performance6 based contract administrators for section 8 project-based 

7 assistance: Provided further, That the Secretary of Hous8 ing and Urban Development may also use such amounts 

9 in the previous proviso for performance-based contract ad10 ministrators for the administration of: interest reduction 

11 payments pursuant to section 236(a) of the National 

12 Housing Act (12 U.S.C. 1715z–1(a)); rent supplement 

13 payments pursuant to section 101 of the Housing and 

14 Urban Development Act of 1965 (12 U.S.C. 1701s); sec15 tion 236(f)(2) rental assistance payments (12 U.S.C. 

16 1715z–1(f)(2)); project rental assistance contracts for the 

17 elderly under section 202(c)(2) of the Housing Act of 

18 1959 (12 U.S.C. 1701q); project rental assistance con19 tracts for supportive housing for persons with disabilities 

20 under section 811(d)(2) of the Cranston-Gonzalez Na21 tional Affordable Housing Act (42 U.S.C. 8013(d)(2)); 

22 project assistance contracts pursuant to section 202(h) of 

23 the Housing Act of 1959 (Public Law 86–372; 73 Stat. 

24 667); and loans under section 202 of the Housing Act of 

25 1959 (Public Law 86–372; 73 Stat. 667): Provided fur-
116 

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1 ther, That amounts recaptured under this heading may be 

2 used for renewals of or amendments to section 8 project3 based contracts or for performance-based contract admin4 istrators, notwithstanding the purposes for which such 

5 amounts were appropriated. 

6 HOUSING FOR THE ELDERLY

7 For capital advances, including amendments to cap8 ital advance contracts, for housing for the elderly, as au9 thorized by section 202 of the Housing Act of 1959, as 

10 amended, and for project rental assistance for the elderly 

11 under section 202(c)(2) of such Act, including amend12 ments to contracts for such assistance and renewal of ex13 piring contracts for such assistance for up to a 1-year 

14 term, and for senior preservation rental assistance con15 tracts, as authorized by section 811(e) of the American 

16 Housing and Economic Opportunity Act of 2000, as 

17 amended, and for supportive services associated with the 

18 housing, $369,627,000 to remain available until Sep19 tember 30, 2015: Provided, That of the amount provided 

20 under this heading, up to $91,000,000 shall be for service 

21 coordinators and the continuation of existing congregate 

22 service grants for residents of assisted housing projects, 

23 and of which up to $20,000,000 shall be for grants under 

24 section 202b of the Housing Act of 1959 (12 U.S.C. 

25 1701q–2) for conversion of eligible projects under such 
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1 section to assisted living, service-enriched housing, or re2 lated use for substantial and emergency repairs as deter3 mined by the Secretary: Provided further, That amounts 

4 under this heading shall be available for Real Estate As5 sessment Center inspections and inspection-related activi6 ties associated with section 202 capital advance projects: 

7 Provided further, That the Secretary may waive the provi8 sions of section 202 governing the terms and conditions 

9 of project rental assistance, except that the initial contract 

10 term for such assistance shall not exceed 5 years in dura11 tion. 

12 HOUSING FOR PERSONS WITH DISABILITIES

13 For capital advance contracts, including amendments 

14 to capital advance contracts, for supportive housing for 

15 persons with disabilities, as authorized by section 811 of 

16 the Cranston-Gonzalez National Affordable Housing Act 

17 (42 U.S.C. 8013) and for project rental assistance for sup18 portive housing for persons with disabilities under section 

19 811(d)(2) of such Act, including amendments to contracts 

20 for such assistance and renewal of expiring contracts for 

21 such assistance for up to a 1-year term, and for supportive 

22 services associated with the housing for persons with dis23 abilities as authorized by section 811(b)(1) of such Act, 

24 $150,000,000 to remain available until September 30, 

25 2015: Provided, That the Secretary may waive the provi-
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1 sions of section 811 governing the terms and conditions 

2 of project rental assistance, except that the initial contract 

3 term for such assistance shall not exceed 5 years in dura4 tion: Provided further, That amounts made available under 

5 this heading shall be available for Real Estate Assessment 

6 Center inspections and inspection-related activities associ7 ated with section 811 Capital Advance Projects: Provided 

8 further, That the Secretary shall conduct a demonstration 

9 program to make available funds provided under this 

10 heading for project rental assistance to State housing fi11 nance agencies and other appropriate entities as author12 ized under section 811(b)(3) of the Cranston-Gonzalez 

13 National Affordable Housing Act (42 U.S.C. 8013(b)(3)). 

14 HOUSING COUNSELING ASSISTANCE

15 For contracts, grants, and other assistance excluding 

16 loans, as authorized under section 106 of the Housing and 

17 Urban Development Act of 1968, as amended, 

18 $60,000,000, including up to $2,500,000 for administra19 tive contract services, to remain available until September 

20 30, 2012: Provided, That grants made available from 

21 amounts provided under this heading shall be awarded 

22 within 120 days of enactment of this Act: Provided further, 

23 That funds shall be used for providing counseling and ad24 vice to tenants and homeowners, both current and pro25 spective, with respect to property maintenance, financial 
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1 management/literacy, and such other matters as may be 

2 appropriate to assist them in improving their housing con3 ditions, meeting their financial needs, and fulfilling the re4 sponsibilities of tenancy or homeownership; for program 

5 administration; and for housing counselor training. 

6 OTHER ASSISTED HOUSING PROGRAMS

7 RENTAL HOUSING ASSISTANCE

8 For amendments to or extensions for up to 1 year 

9 of contracts under section 101 of the Housing and Urban 

10 Development Act of 1965 (12 U.S.C. 1701s) and section 

11 236(f)(2) of the National Housing Act (12 U.S.C. 1715z– 

12 1) in State-aided, noninsured rental housing projects, 

13 $1,300,000, to remain available until expended. 

14 RENT SUPPLEMENT

15 (RESCISSION)

16 Of the amounts recaptured from terminated con17 tracts under section 101 of the Housing and Urban Devel18 opment Act of 1965 (12 U.S.C. 1701s) and section 236 

19 of the National Housing Act (12 U.S.C. 1715z–1) 

20 $231,600,000 are rescinded: Provided, That no amounts 

21 may be rescinded from amounts that were designated by 

22 the Congress as an emergency requirement pursuant to 

23 the Concurrent Resolution on the Budget or the Balanced 

24 Budget and Emergency Deficit Control Act of 1985, as 

25 amended. 
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1 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

2 FUND

3 For necessary expenses as authorized by the National 

4 Manufactured Housing Construction and Safety Stand5 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

6 $9,000,000, to remain available until expended, of which 

7 $4,000,000 is to be derived from the Manufactured Hous8 ing Fees Trust Fund: Provided, That not to exceed the 

9 total amount appropriated under this heading shall be 

10 available from the general fund of the Treasury to the ex11 tent necessary to incur obligations and make expenditures 

12 pending the receipt of collections to the Fund pursuant 

13 to section 620 of such Act: Provided further, That the 

14 amount made available under this heading from the gen15 eral fund shall be reduced as such collections are received 

16 during fiscal year 2011 so as to result in a final fiscal 

17 year 2011 appropriation from the general fund estimated 

18 at not more than $5,000,000 and fees pursuant to such 

19 section 620 shall be modified as necessary to ensure such 

20 a final fiscal year 2011 appropriation: Provided further, 

21 That for the dispute resolution and installation programs, 

22 the Secretary of Housing and Urban Development may 

23 assess and collect fees from any program participant: Pro24 vided further, That such collections shall be deposited into 

25 the Fund, and the Secretary, as provided herein, may use 
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1 such collections, as well as fees collected under section 

2 620, for necessary expenses of such Act: Provided further, 

3 That notwithstanding the requirements of section 620 of 

4 such Act, the Secretary may carry out responsibilities of 

5 the Secretary under such Act through the use of approved 

6 service providers that are paid directly by the recipients 

7 of their services. 

8 FEDERAL HOUSING ADMINISTRATION

9 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

10 (INCLUDING TRANSFERS OF FUNDS)

11 New commitments to guarantee single family loans 

12 insured under the Mutual Mortgage Insurance Fund shall 

13 not exceed $400,000,000,000, to remain available until 

14 September 30, 2013: Provided, That during fiscal year 

15 2012, obligations to make direct loans to carry out the 

16 purposes of section 204(g) of the National Housing Act, 

17 as amended, shall not exceed $50,000,000: Provided fur18 ther, That the foregoing amount in the previous proviso 

19 shall be for loans to nonprofit and governmental entities 

20 in connection with sales of single family real properties 

21 owned by the Secretary and formerly insured under the 

22 Mutual Mortgage Insurance Fund. For administrative 

23 contract expenses of the Federal Housing Administration, 

24 $206,586,000, to remain available until September 30, 

25 2013, of which up to $70,652,000 may be transferred to 
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1 and merged with the Working Capital Fund: Provided fur2 ther, That to the extent guaranteed loan commitments ex3 ceed $200,000,000,000 on or before April 1, 2012, an ad4 ditional $1,400 for administrative contract expenses shall 

5 be available for each $1,000,000 in additional guaranteed 

6 loan commitments (including a pro rata amount for any 

7 amount below $1,000,000), but in no case shall funds 

8 made available by this proviso exceed $30,000,000. 

9 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

10 During fiscal year 2012, commitments to guarantee 

11 loans incurred under the General and Special Risk Insur12 ance Funds, as authorized by sections 238 and 519 of the 

13 National Housing Act (12 U.S.C. 1715z–3 and 1735c), 

14 shall not exceed $25,000,000,000 in total loan principal, 

15 any part of which is to be guaranteed. 

16 Gross obligations for the principal amount of direct 

17 loans, as authorized by sections 204(g), 207(l), 238, and 

18 519(a) of the National Housing Act, shall not exceed 

19 $20,000,000, which shall be for loans to nonprofit and 

20 governmental entities in connection with the sale of single 

21 family real properties owned by the Secretary and for22 merly insured under such Act. 
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1 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

2 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

3 GUARANTEE PROGRAM ACCOUNT

4 New commitments to issue guarantees to carry out 

5 the purposes of section 306 of the National Housing Act, 

6 as amended (12 U.S.C. 1721(g)), shall not exceed 

7 $500,000,000,000, to remain available until September 

8 30, 2013: Provided, That $20,000,000 shall be available 

9 for personnel compensation and benefits, and other admin10 istrative expenses of the Government National Mortgage 

11 Association: Provided further, That to the extent that 

12 guaranteed loan commitments will and do exceed 

13 $300,000,000,000, an additional $100 for personnel com14 pensation and benefits, and administrative expenses shall 

15 be available until expended for each $1,000,000 in addi16 tional guaranteed loan commitments (including a pro rata 

17 amount for any amount below $1,000,000): Provided fur18 ther, That receipts from Commitment and Multiclass fees 

19 collected pursuant to title III of the National Housing Act, 

20 as amended, shall be credited as offsetting collections to 

21 this account. 

22 POLICY DEVELOPMENT AND RESEARCH

23 RESEARCH AND TECHNOLOGY

24 For contracts, grants, and necessary expenses of pro25 grams of research and studies relating to housing and 
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1 urban problems, not otherwise provided for, as authorized 

2 by title V of the Housing and Urban Development Act 

3 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

4 out the functions of the Secretary of Housing and Urban 

5 Development under section 1(a)(1)(i) of Reorganization 

6 Plan No. 2 of 1968, $45,825,000, to remain available 

7 until September 30, 2013: Provided, That with respect to 

8 amounts made available under this heading, notwith9 standing section 204 of this title, the Secretary may enter 

10 into cooperative agreements funded with philanthropic en11 tities, other Federal agencies, or State or local govern12 ments and their agencies for research projects: Provided 

13 further, That with respect to the previous proviso, such 

14 partners to the cooperative agreements must contribute at 

15 least a 50 percent match toward the cost of the project: 

16 Provided further, That for non-competitive agreements en17 tered into in accordance with the previous two provisos, 

18 the Secretary of Housing and Urban Development shall 

19 comply with section 2(b) of the Federal Funding Account20 ability and Transparency Act of 2006 (Public Law 109– 

21 282, 31 U.S.C. note) in lieu of compliance with section 

22 102(a)(4)(C) with respect to documentation of award deci23 sions. 
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1 FAIR HOUSING AND EQUAL OPPORTUNITY

2 FAIR HOUSING ACTIVITIES

3 For contracts, grants, and other assistance, not oth4 erwise provided for, as authorized by title VIII of the Civil 

5 Rights Act of 1968, as amended by the Fair Housing 

6 Amendments Act of 1988, and section 561 of the Housing 

7 and Community Development Act of 1987, as amended, 

8 $64,287,000, to remain available until September 30, 

9 2013, of which $35,940,000 shall be to carry out activities 

10 pursuant to such section 561: Provided, That notwith11 standing 31 U.S.C. 3302, the Secretary may assess and 

12 collect fees to cover the costs of the Fair Housing Training 

13 Academy, and may use such funds to provide such train14 ing: Provided further, That no funds made available under 

15 this heading shall be used to lobby the executive or legisla16 tive branches of the Federal Government in connection 

17 with a specific contract, grant or loan: Provided further, 

18 That of the funds made available under this heading, 

19 $300,000 shall be available to the Secretary of Housing 

20 and Urban Development for the creation and promotion 

21 of translated materials and other programs that support 

22 the assistance of persons with limited English proficiency 

23 in utilizing the services provided by the Department of 

24 Housing and Urban Development. 
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1 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

2 CONTROL

3 LEAD HAZARD REDUCTION

4 For the Lead Hazard Reduction Program, as author5 ized by section 1011 of the Residential Lead-Based Paint 

6 Hazard Reduction Act of 1992, $120,000,000, to remain 

7 available until September 30, 2013, pursuant to sections 

8 501 and 502 of the Housing and Urban Development Act 

9 of 1970 that shall include research, studies, testing, and 

10 demonstration efforts, including education and outreach 

11 concerning lead-based paint poisoning and other housing12 related diseases and hazards: Provided, That for purposes 

13 of environmental review, pursuant to the National Envi14 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

15 and other provisions of the law that further the purposes 

16 of such Act, a grant under the Healthy Homes Initiative, 

17 Operation Lead Elimination Action Plan (LEAP), or the 

18 Lead Technical Studies program under this heading or 

19 under prior appropriations Acts for such purposes under 

20 this heading, shall be considered to be funds for a special 

21 project for purposes of section 305(c) of the Multifamily 

22 Housing Property Disposition Reform Act of 1994: Pro23 vided further, That of the total amount made available 

24 under this heading, $45,000,000 shall be made available 

25 on a competitive basis for areas with the highest lead paint 
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1 abatement needs: Provided further, That each recipient of 

2 funds provided under the second proviso shall make a 

3 matching contribution in an amount not less than 25 per4 cent: Provided further, That the Secretary may waive the 

5 matching requirement cited in the preceding proviso on 

6 a case by case basis if the Secretary determines that such 

7 a waiver is necessary to advance the purposes of this pro8 gram: Provided further, That each applicant shall submit 

9 a detailed plan and strategy that demonstrates adequate 

10 capacity that is acceptable to the Secretary to carry out 

11 the proposed use of funds pursuant to a notice of funding 

12 availability: Provided further, That amounts made avail13 able under this heading in this or prior appropriations 

14 Acts, and that still remain available, may be used for any 

15 purpose under this heading notwithstanding the purpose 

16 for which such amounts were appropriated if a program 

17 competition is undersubscribed and there are other pro18 gram competitions under this heading that are oversub19 scribed. 

20 WORKING CAPITAL FUND

21 For additional capital for the Working Capital Fund 

22 (42 U.S.C. 3535) for the maintenance of infrastructure 

23 for Department-wide information technology systems, for 

24 the continuing operation and maintenance of both Depart25 ment-wide and program-specific information systems, and 
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1 for program-related maintenance activities, $199,035,000, 

2 to remain available until September 30, 2013: Provided, 

3 That any amounts transferred to this Fund under this Act 

4 shall remain available until expended: Provided further, 

5 That any amounts transferred to this Fund from amounts 

6 appropriated by previously enacted appropriations Acts 

7 may be used for the purposes specified under this Fund, 

8 in addition to any other information technology the pur9 poses for which such amounts were appropriated: Provided 

10 further, That not more than 25 percent of the funds made 

11 available under this heading for Development, Moderniza12 tion and Enhancement, including development and deploy13 ment of a Next Generation of Voucher Management Sys14 tem and development and deployment of modernized Fed15 eral Housing Administration systems may be obligated 

16 until the Secretary submits to the Committees on Appro17 priations a plan for expenditure that—(A) identifies for 

18 each modernization project: (i) the functional and per19 formance capabilities to be delivered and the mission bene20 fits to be realized, (ii) the estimated life-cycle cost, and 

21 (iii) key milestones to be met; (B) demonstrates that each 

22 modernization project is: (i) compliant with the depart23 ment’s enterprise architecture, (ii) being managed in ac24 cordance with applicable life-cycle management policies 

25 and guidance, (iii) subject to the department’s capital 
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1 planning and investment control requirements, and (iv) 

2 supported by an adequately staffed project office; and (C) 

3 has been reviewed by the Government Accountability Of4 fice. 

5 OFFICE OF INSPECTOR GENERAL

6 For necessary salaries and expenses of the Office of 

7 Inspector General in carrying out the Inspector General 

8 Act of 1978, as amended, $124,750,000: Provided, That 

9 the Inspector General shall have independent authority 

10 over all personnel issues within this office. 

11 TRANSFORMATION INITIATIVE

12 (INCLUDING TRANSFER OF FUNDS)

13 Of the amounts made available in this Act under each 

14 of the following headings under this title, the Secretary 

15 may transfer to, and merge with, this account up to 0.5 

16 percent from each such account, and such transferred 

17 amounts shall be available until September 30, 2014, for: 

18 (1) research, evaluation, and program metrics; (2) pro19 gram demonstrations; and (3) technical assistance and ca20 pacity building: ‘‘Choice Neighborhoods Initiative’’, 

21 ‘‘Housing Opportunities for Persons With AIDS’’, ‘‘Com22 munity Development Fund’’, ‘‘HOME Investment Part23 nerships Program’’, ‘‘Self-Help and Assisted Homeowner24 ship Opportunity Program’’, ‘‘Homeless Assistance 

25 Grants’’, ‘‘Housing for the Elderly’’, ‘‘Housing for Per-
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1 sons With Disabilities’’, ‘‘Housing Counseling Assist2 ance’’, ‘‘Payment to Manufactured Housing Fees Trust 

3 Fund’’, ‘‘Mutual Mortgage Insurance Program Account’’, 

4 ‘‘Lead Hazard Reduction’’, ‘‘Rental Housing Assistance’’, 

5 and ‘‘Fair Housing Activities’’: Provided, That of the 

6 amounts made available under this paragraph, not less 

7 than $45,000,000 shall be available for technical assist8 ance and capacity building: Provided further, That tech9 nical assistance activities shall include, technical assist10 ance for HUD programs, including HOME, Community 

11 Development Block Grant, homeless programs, HOPWA, 

12 HOPE VI, Public Housing, the Housing Choice Voucher 

13 Program, Fair Housing Initiative Program, Housing 

14 Counseling, Healthy Homes, Sustainable Communities, 

15 and other technical assistance as determined by the Sec16 retary: Provided further, That the Secretary shall submit 

17 a plan to the House and Senate Committees on Appropria18 tions for approval detailing how the funding provided 

19 under this heading will be allocated to each of the four 

20 categories identified under this heading and for what 

21 projects or activities funding will be used: Provided fur22 ther, That following the initial approval of this plan, the 

23 Secretary may amend the plan with the approval of the 

24 House and Senate Committees on Appropriations: Pro25 vided further, That with respect to amounts made avail-
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1 able under this heading for research, evaluation, program 

2 metrics, and program demonstrations, notwithstanding 

3 section 204 of this title, the Secretary may make grants 

4 or enter into cooperative agreements that include a sub5 stantial match contribution 

6 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

7 URBAN DEVELOPMENT

8 SEC. 201. Fifty percent of the amounts of budget au9 thority, or in lieu thereof 50 percent of the cash amounts 

10 associated with such budget authority, that are recaptured 

11 from projects described in section 1012(a) of the Stewart 

12 B. McKinney Homeless Assistance Amendments Act of 

13 1988 (42 U.S.C. 1437 note) shall be rescinded or in the 

14 case of cash, shall be remitted to the Treasury, and such 

15 amounts of budget authority or cash recaptured and not 

16 rescinded or remitted to the Treasury shall be used by 

17 State housing finance agencies or local governments or 

18 local housing agencies with projects approved by the Sec19 retary of Housing and Urban Development for which set20 tlement occurred after January 1, 1992, in accordance 

21 with such section. Notwithstanding the previous sentence, 

22 the Secretary may award up to 15 percent of the budget 

23 authority or cash recaptured and not rescinded or remitted 

24 to the Treasury to provide project owners with incentives 

25 to refinance their project at a lower interest rate. 
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1 SEC. 202. None of the amounts made available under 

2 this Act may be used during fiscal year 2012 to investigate 

3 or prosecute under the Fair Housing Act any otherwise 

4 lawful activity engaged in by one or more persons, includ5 ing the filing or maintaining of a nonfrivolous legal action, 

6 that is engaged in solely for the purpose of achieving or 

7 preventing action by a Government official or entity, or 

8 a court of competent jurisdiction. 

9 SEC. 203. (a) Notwithstanding section 854(c)(1)(A) 

10 of the AIDS Housing Opportunity Act (42 U.S.C. 

11 12903(c)(1)(A)), from any amounts made available under 

12 this title for fiscal year 2012 that are allocated under such 

13 section, the Secretary of Housing and Urban Development 

14 shall allocate and make a grant, in the amount determined 

15 under subsection (b), for any State that— 

16 (1) received an allocation in a prior fiscal year 

17 under clause (ii) of such section; and 

18 (2) is not otherwise eligible for an allocation for 

19 fiscal year 2012 under such clause (ii) because the 

20 areas in the State outside of the metropolitan statis21 tical areas that qualify under clause (i) in fiscal year 

22 2011 do not have the number of cases of acquired 

23 immunodeficiency syndrome (AIDS) required under 

24 such clause. 
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1 (b) The amount of the allocation and grant for any 

2 State described in subsection (a) shall be an amount based 

3 on the cumulative number of AIDS cases in the areas of 

4 that State that are outside of metropolitan statistical 

5 areas that qualify under clause (i) of such section 

6 854(c)(1)(A) in fiscal year 2012, in proportion to AIDS 

7 cases among cities and States that qualify under clauses 

8 (i) and (ii) of such section and States deemed eligible 

9 under subsection (a). 

10 (c) Notwithstanding any other provision of law, the 

11 amount allocated for fiscal year 2012 under section 854(c) 

12 of the AIDS Housing Opportunity Act (42 U.S.C. 

13 12903(c)), to the city of New York, New York, on behalf 

14 of the New York-Wayne-White Plains, New York-New 

15 Jersey Metropolitan Division (hereafter ‘‘metropolitan di16 vision’’) of the New York-Newark-Edison, NY–NJ–PA 

17 Metropolitan Statistical Area, shall be adjusted by the 

18 Secretary of Housing and Urban Development by: 

19 (1) allocating to the city of Jersey City, New 

20 Jersey, the proportion of the metropolitan area’s or 

21 division’s amount that is based on the number of 

22 cases of AIDS reported in the portion of the metro23 politan area or division that is located in Hudson 

24 County, New Jersey, and adjusting for the propor25 tion of the metropolitan division’s high-incidence 
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1 bonus if this area in New Jersey also has a higher 

2 than average per capita incidence of AIDS; and 

3 (2) allocating to the city of Paterson, New Jer4 sey, the proportion of the metropolitan area’s or di5 vision’s amount that is based on the number of cases 

6 of AIDS reported in the portion of the metropolitan 

7 area or division that is located in Bergen County 

8 and Passaic County, New Jersey, and adjusting for 

9 the proportion of the metropolitan division’s high in10 cidence bonus if this area in New Jersey also has a 

11 higher than average per capita incidence of AIDS. 

12 The recipient cities shall use amounts allocated 

13 under this subsection to carry out eligible activities 

14 under section 855 of the AIDS Housing Opportunity 

15 Act (42 U.S.C. 12904) in their respective portions 

16 of the metropolitan division that is located in New 

17 Jersey. 

18 (d) Notwithstanding any other provision of law, the 

19 amount allocated for fiscal year 2012 under section 854(c) 

20 of the AIDS Housing Opportunity Act (42 U.S.C. 

21 12903(c)) to areas with a higher than average per capita 

22 incidence of AIDS, shall be adjusted by the Secretary on 

23 the basis of area incidence reported over a 3-year period. 

24 SEC. 204. Except as explicitly provided in law, any 

25 grant, cooperative agreement or other assistance made 
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1 pursuant to title II of this Act shall be made on a competi2 tive basis and in accordance with section 102 of the De3 partment of Housing and Urban Development Reform Act 

4 of 1989 (42 U.S.C. 3545). 

5 SEC. 205. Funds of the Department of Housing and 

6 Urban Development subject to the Government Corpora7 tion Control Act or section 402 of the Housing Act of 

8 1950 shall be available, without regard to the limitations 

9 on administrative expenses, for legal services on a contract 

10 or fee basis, and for utilizing and making payment for 

11 services and facilities of the Federal National Mortgage 

12 Association, Government National Mortgage Association, 

13 Federal Home Loan Mortgage Corporation, Federal Fi14 nancing Bank, Federal Reserve banks or any member 

15 thereof, Federal Home Loan banks, and any insured bank 

16 within the meaning of the Federal Deposit Insurance Cor17 poration Act, as amended (12 U.S.C. 1811–1). 

18 SEC. 206. Unless otherwise provided for in this Act 

19 or through a reprogramming of funds, no part of any ap20 propriation for the Department of Housing and Urban 

21 Development shall be available for any program, project 

22 or activity in excess of amounts set forth in the budget 

23 estimates submitted to Congress. 

24 SEC. 207. Corporations and agencies of the Depart25 ment of Housing and Urban Development which are sub-
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1 ject to the Government Corporation Control Act are here2 by authorized to make such expenditures, within the limits 

3 of funds and borrowing authority available to each such 

4 corporation or agency and in accordance with law, and to 

5 make such contracts and commitments without regard to 

6 fiscal year limitations as provided by section 104 of such 

7 Act as may be necessary in carrying out the programs set 

8 forth in the budget for 2012 for such corporation or agen9 cy except as hereinafter provided: Provided, That collec10 tions of these corporations and agencies may be used for 

11 new loan or mortgage purchase commitments only to the 

12 extent expressly provided for in this Act (unless such loans 

13 are in support of other forms of assistance provided for 

14 in this or prior appropriations Acts), except that this pro15 viso shall not apply to the mortgage insurance or guaranty 

16 operations of these corporations, or where loans or mort17 gage purchases are necessary to protect the financial in18 terest of the United States Government. 

19 SEC. 208. The Secretary of Housing and Urban De20 velopment shall provide quarterly reports to the House 

21 and Senate Committees on Appropriations regarding all 

22 uncommitted, unobligated, recaptured and excess funds in 

23 each program and activity within the jurisdiction of the 

24 Department and shall submit additional, updated budget 

25 information to these Committees upon request. 
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1 SEC. 209. (a) Notwithstanding any other provision 

2 of law, the amount allocated for fiscal year 2012 under 

3 section 854(c) of the AIDS Housing Opportunity Act (42 

4 U.S.C. 12903(c)), to the city of Wilmington, Delaware, on 

5 behalf of the Wilmington, Delaware-Maryland-New Jersey 

6 Metropolitan Division (hereafter ‘‘metropolitan division’’), 

7 shall be adjusted by the Secretary of Housing and Urban 

8 Development by allocating to the State of New Jersey the 

9 proportion of the metropolitan division’s amount that is 

10 based on the number of cases of AIDS reported in the 

11 portion of the metropolitan division that is located in New 

12 Jersey, and adjusting for the proportion of the metropoli13 tan division’s high incidence bonus if this area in New Jer14 sey also has a higher than average per capita incidence 

15 of AIDS. The State of New Jersey shall use amounts allo16 cated to the State under this subsection to carry out eligi17 ble activities under section 855 of the AIDS Housing Op18 portunity Act (42 U.S.C. 12904) in the portion of the met19 ropolitan division that is located in New Jersey. 

20 (b) Notwithstanding any other provision of law, the 

21 Secretary of Housing and Urban Development shall allo22 cate to Wake County, North Carolina, the amounts that 

23 otherwise would be allocated for fiscal year 2012 under 

24 section 854(c) of the AIDS Housing Opportunity Act (42 

25 U.S.C. 12903(c)) to the city of Raleigh, North Carolina, 
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1 on behalf of the Raleigh-Cary North Carolina Metropoli2 tan Statistical Area. Any amounts allocated to Wake 

3 County shall be used to carry out eligible activities under 

4 section 855 of such Act (42 U.S.C. 12904) within such 

5 metropolitan statistical area. 

6 (c) Notwithstanding section 854(c) of the AIDS 

7 Housing Opportunity Act (42 U.S.C. 12903(c)), the Sec8 retary of Housing and Urban Development may adjust the 

9 allocation of the amounts that otherwise would be allo10 cated for fiscal year 2012 under section 854(c) of such 

11 Act, upon the written request of an applicant, in conjunc12 tion with the State(s), for a formula allocation on behalf 

13 of a metropolitan statistical area, to designate the State 

14 or States in which the metropolitan statistical area is lo15 cated as the eligible grantee(s) of the allocation. In the 

16 case that a metropolitan statistical area involves more 

17 than one State, such amounts allocated to each State shall 

18 be in proportion to the number of cases of AIDS reported 

19 in the portion of the metropolitan statistical area located 

20 in that State. Any amounts allocated to a State under this 

21 section shall be used to carry out eligible activities within 

22 the portion of the metropolitan statistical area located in 

23 that State. 

24 SEC. 210 The President’s formal budget request for 

25 fiscal year 2013, as well as the Department of Housing 
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1 and Urban Development’s congressional budget justifica2 tions to be submitted to the Committees on Appropriations 

3 of the House of Representatives and the Senate, shall use 

4 the identical account and sub-account structure provided 

5 under this Act. 

6 SEC. 211. A public housing agency or such other enti7 ty that administers Federal housing assistance for the 

8 Housing Authority of the county of Los Angeles, Cali9 fornia, the States of Alaska, Iowa, and Mississippi shall 

10 not be required to include a resident of public housing or 

11 a recipient of assistance provided under section 8 of the 

12 United States Housing Act of 1937 on the board of direc13 tors or a similar governing board of such agency or entity 

14 as required under section (2)(b) of such Act. Each public 

15 housing agency or other entity that administers Federal 

16 housing assistance under section 8 for the Housing Au17 thority of the county of Los Angeles, California and the 

18 States of Alaska, Iowa and Mississippi that chooses not 

19 to include a resident of public housing or a recipient of 

20 section 8 assistance on the board of directors or a similar 

21 governing board shall establish an advisory board of not 

22 less than six residents of public housing or recipients of 

23 section 8 assistance to provide advice and comment to the 

24 public housing agency or other administering entity on 
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1 issues related to public housing and section 8. Such advi2 sory board shall meet not less than quarterly. 

3 SEC. 212. (a) Notwithstanding any other provision 

4 of law, subject to the conditions listed in subsection (b), 

5 for fiscal years 2012 and 2013, the Secretary of Housing 

6 and Urban Development may authorize the transfer of 

7 some or all project-based assistance, debt and statutorily 

8 required low-income and very low-income use restrictions, 

9 associated with one or more multifamily housing project 

10 to another multifamily housing project or projects. 

11 (b) PHASED TRANSFERS.—Transfers of project12 based assistance under this section may be done in phases 

13 to accommodate the financing and other requirements re14 lated to rehabilitating or constructing the project or 

15 projects to which the assistance is transferred, to ensure 

16 that such project or projects meet the standards under 

17 section (c). 

18 (c) The transfer authorized in subsection (a) is sub19 ject to the following conditions: 

20 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 

21 (A) For occupied units in the transferring 

22 project: the number of low-income and very low23 income units and the configuration (i.e. bed24 room size) provided by the transferring project 

25 shall be no less than when transferred to the re-
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1 ceiving project or projects and the net dollar 

2 amount of Federal assistance provided by the 

3 transferring project shall remain the same in 

4 the receiving project or projects. 

5 (B) For unoccupied units in the transfer6 ring project: the Secretary may authorize a re7 duction in the number of dwelling units in the 

8 receiving project or projects to allow for a re9 configuration of bedroom sizes to meet current 

10 market demands, as determined by the Sec11 retary and provided there is no increase in the 

12 project-based section 8 budget authority. 

13 (2) The transferring project shall, as deter14 mined by the Secretary, be either physically obsolete 

15 or economically nonviable. 

16 (3) The receiving project or projects shall meet 

17 or exceed applicable physical standards established 

18 by the Secretary. 

19 (4) The owner or mortgagor of the transferring 

20 project shall notify and consult with the tenants re21 siding in the transferring project and provide a cer22 tification of approval by all appropriate local govern23 mental officials. 

24 (5) The tenants of the transferring project who 

25 remain eligible for assistance to be provided by the 
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1 receiving project or projects shall not be required to 

2 vacate their units in the transferring project or 

3 projects until new units in the receiving project are 

4 available for occupancy. 

5 (6) The Secretary determines that this transfer 

6 is in the best interest of the tenants. 

7 (7) If either the transferring project or the re8 ceiving project or projects meets the condition speci9 fied in subsection (d)(2)(A), any lien on the receiv10 ing project resulting from additional financing ob11 tained by the owner shall be subordinate to any 

12 FHA-insured mortgage lien transferred to, or placed 

13 on, such project by the Secretary, except that the 

14 Secretary may waive this requirement upon deter15 mination that such a waiver is necessary to facilitate 

16 the financing of acquisition, construction, and/or re17 habilitation of the receiving project or projects. 

18 (8) If the transferring project meets the re19 quirements of subsection (c)(2)(E), the owner or 

20 mortgagor of the receiving project or projects shall 

21 execute and record either a continuation of the exist22 ing use agreement or a new use agreement for the 

23 project where, in either case, any use restrictions in 

24 such agreement are of no lesser duration than the 

25 existing use restrictions. 
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1 (d) For purposes of this section— 

2 (1) the terms ‘‘low-income’’ and ‘‘very low-in3 come’’ shall have the meanings provided by the stat4 ute and/or regulations governing the program under 

5 which the project is insured or assisted; 

6 (2) the term ‘‘multifamily housing project’’ 

7 means housing that meets one of the following con8 ditions— 

9 (A) housing that is subject to a mortgage 

10 insured under the National Housing Act; 

11 (B) housing that has project-based assist12 ance attached to the structure including 

13 projects undergoing mark to market debt re14 structuring under the Multifamily Assisted 

15 Housing Reform and Affordability Housing Act; 

16 (C) housing that is assisted under section 

17 202 of the Housing Act of 1959 as amended by 

18 section 801 of the Cranston-Gonzales National 

19 Affordable Housing Act; 

20 (D) housing that is assisted under section 

21 202 of the Housing Act of 1959, as such sec22 tion existed before the enactment of the Cran23 ston-Gonzales National Affordable Housing Act; 

24 or 
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1 (E) housing or vacant land that is subject 

2 to a use agreement; 

3 (3) the term ‘‘project-based assistance’’ 

4 means— 

5 (A) assistance provided under section 8(b) 

6 of the United States Housing Act of 1937; 

7 (B) assistance for housing constructed or 

8 substantially rehabilitated pursuant to assist9 ance provided under section 8(b)(2) of such Act 

10 (as such section existed immediately before Oc11 tober 1, 1983); 

12 (C) rent supplement payments under sec13 tion 101 of the Housing and Urban Develop14 ment Act of 1965; 

15 (D) interest reduction payments under sec16 tion 236 and/or additional assistance payments 

17 under section 236(f)(2) of the National Hous18 ing Act; 

19 (E) assistance payments made under sec20 tion 202(c)(2) of the Housing Act of 1959; and 

21 (F) assistance payments made under sec22 tion 811(d)(2) of the Housing Act of 1959; 

23 (4) the term ‘‘receiving project or projects’’ 

24 means the multifamily housing project or projects to 

25 which some or all of the project-based assistance, 
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1 debt, and statutorily required use low-income and 

2 very low-income restrictions are to be transferred; 

3 (5) the term ‘‘transferring project’’ means the 

4 multifamily housing project which is transferring 

5 some or all of the project-based assistance, debt and 

6 the statutorily required low-income and very low-in7 come use restrictions to the receiving project or 

8 projects; and 

9 (6) the term ‘‘Secretary’’ means the Secretary 

10 of Housing and Urban Development. 

11 SEC. 213. The funds made available for Native Alas12 kans under the heading ‘‘Native American Housing Block 

13 Grants’’ in title III of this Act shall be allocated to the 

14 same Native Alaskan housing block grant recipients that 

15 received funds in fiscal year 2005. 

16 SEC. 214. No funds provided under this title may be 

17 used for an audit of the Government National Mortgage 

18 Association that makes applicable requirements under the 

19 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

20 SEC. 215. (a) No assistance shall be provided under 

21 section 8 of the United States Housing Act of 1937 (42 

22 U.S.C. 1437f) to any individual who— 

23 (1) is enrolled as a student at an institution of 

24 higher education (as defined under section 102 of 
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1 the Higher Education Act of 1965 (20 U.S.C. 

2 1002)); 

3 (2) is under 24 years of age; 

4 (3) is not a veteran; 

5 (4) is unmarried; 

6 (5) does not have a dependent child; 

7 (6) is not a person with disabilities, as such 

8 term is defined in section 3(b)(3)(E) of the United 

9 States Housing Act of 1937 (42 U.S.C. 

10 1437a(b)(3)(E)) and was not receiving assistance 

11 under such section 8 as of November 30, 2005; and 

12 (7) is not otherwise individually eligible, or has 

13 parents who, individually or jointly, are not eligible, 

14 to receive assistance under section 8 of the United 

15 States Housing Act of 1937 (42 U.S.C. 1437f). 

16 (b) For purposes of determining the eligibility of a 

17 person to receive assistance under section 8 of the United 

18 States Housing Act of 1937 (42 U.S.C. 1437f), any finan19 cial assistance (in excess of amounts received for tuition) 

20 that an individual receives under the Higher Education 

21 Act of 1965 (20 U.S.C. 1001 et seq.), from private 

22 sources, or an institution of higher education (as defined 

23 under the Higher Education Act of 1965 (20 U.S.C. 

24 1002)), shall be considered income to that individual, ex-
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1 cept for a person over the age of 23 with dependent chil2 dren. 

3 SEC. 216. Notwithstanding the limitation in the first 

4 sentence of section 255(g) of the National Housing Act 

5 (12 U.S.C. 1715z–g), the Secretary of Housing and Urban 

6 Development may, until September 30, 2012, insure and 

7 enter into commitments to insure mortgages under section 

8 255(g) of the National Housing Act (12 U.S.C. 1715z– 

9 20). 

10 SEC. 217. Notwithstanding any other provision of 

11 law, in fiscal year 2011, in managing and disposing of any 

12 multifamily property that is owned or has a mortgage held 

13 by the Secretary of Housing and Urban Development, and 

14 during the process of foreclosure on any property with a 

15 contract for rental assistance payments under section 8 

16 of the United States Housing Act of 1937 or other Fed17 eral programs, the Secretary shall maintain any rental as18 sistance payments under section 8 of the United States 

19 Housing Act of 1937 and other programs that are at20 tached to any dwelling units in the property. To the extent 

21 the Secretary determines, in consultation with the tenants 

22 and the local government, that such a multifamily prop23 erty owned or held by the Secretary is not feasible for con24 tinued rental assistance payments under such section 8 

25 or other programs, based on consideration of (1) the costs 
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1 of rehabilitating and operating the property and all avail2 able Federal, State, and local resources, including rent ad3 justments under section 524 of the Multifamily Assisted 

4 Housing Reform and Affordability Act of 1997 

5 (‘‘MAHRAA’’) and (2) environmental conditions that can6 not be remedied in a cost-effective fashion, the Secretary 

7 may, in consultation with the tenants of that property, 

8 contract for project-based rental assistance payments with 

9 an owner or owners of other existing housing properties, 

10 or provide other rental assistance. The Secretary shall also 

11 take appropriate steps to ensure that project-based con12 tracts remain in effect prior to foreclosure, subject to the 

13 exercise of contractual abatement remedies to assist relo14 cation of tenants for imminent major threats to health and 

15 safety after written notice to and informed consent of the 

16 affected tenants and use of other available remedies, such 

17 as partial abatements or receivership. After disposition of 

18 any multifamily property described under this section, the 

19 contract and allowable rent levels on such properties shall 

20 be subject to the requirements under section 524 of 

21 MAHRAA. 

22 SEC. 218. During fiscal year 2012, in the provision 

23 of rental assistance under section 8(o) of the United 

24 States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con25 nection with a program to demonstrate the economy and 
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1 effectiveness of providing such assistance for use in as2 sisted living facilities that is carried out in the counties 

3 of the State of Michigan notwithstanding paragraphs (3) 

4 and (18)(B)(iii) of such section 8(o), a family residing in 

5 an assisted living facility in any such county, on behalf 

6 of which a public housing agency provides assistance pur7 suant to section 8(o)(18) of such Act, may be required, 

8 at the time the family initially receives such assistance, 

9 to pay rent in an amount exceeding 40 percent of the 

10 monthly adjusted income of the family by such a percent11 age or amount as the Secretary of Housing and Urban 

12 Development determines to be appropriate. 

13 SEC. 219. The Secretary of Housing and Urban De14 velopment shall report quarterly to the House of Rep15 resentatives and Senate Committees on Appropriations on 

16 HUD’s use of all sole-source contracts, including terms 

17 of the contracts, cost, and a substantive rationale for 

18 using a sole-source contract. 

19 SEC. 220. Notwithstanding any other provision of 

20 law, the recipient of a grant under section 202b of the 

21 Housing Act of 1959 (12 U.S.C. 1701q) after December 

22 26, 2000, in accordance with the unnumbered paragraph 

23 at the end of section 202(b) of such Act, may, at its op24 tion, establish a single-asset nonprofit entity to own the 

25 project and may lend the grant funds to such entity, which 
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1 may be a private nonprofit organization described in sec2 tion 831 of the American Homeownership and Economic 

3 Opportunity Act of 2000. 

4 SEC. 221. (a) The amounts provided under the sub5 heading ‘‘Program Account’’ under the heading ‘‘Commu6 nity Development Loan Guarantees’’ may be used to guar7 antee, or make commitments to guarantee, notes, or other 

8 obligations issued by any State on behalf of nonentitle9 ment communities in the State in accordance with the re10 quirements of section 108 of the Housing and Community 

11 Development Act of 1974 in fiscal year 2012 and subse12 quent years: Provided, That, any State receiving such a 

13 guarantee or commitment shall distribute all funds subject 

14 to such guarantee to the units of general local government 

15 in nonentitlement areas that received the commitment. 

16 (b) Not later than 60 days after the date of enact17 ment of this Act, the Secretary of Housing and Urban 

18 Development shall promulgate regulations governing the 

19 administration of the funds described under subsection 

20 (a). 

21 SEC. 222. Section 24 of the United States Housing 

22 Act of 1937 (42 U.S.C. 1437v) is amended— 

23 (1) in subsection (m)(1), by striking ‘‘fiscal 

24 year’’ and all that follows through the period at the 

25 end and inserting ‘‘fiscal year 2012.’’; and 
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1 (2) in subsection (o), by striking ‘‘September’’ 

2 and all that follows through the period at the end 

3 and inserting ‘‘September 30, 2012.’’. 

4 SEC. 223. Public housing agencies that own and oper5 ate 400 or fewer public housing units may elect to be ex6 empt from any asset management requirement imposed by 

7 the Secretary of Housing and Urban Development in con8 nection with the operating fund rule: Provided, That an 

9 agency seeking a discontinuance of a reduction of subsidy 

10 under the operating fund formula shall not be exempt 

11 from asset management requirements. 

12 SEC. 224. With respect to the use of amounts pro13 vided in this Act and in future Acts for the operation, cap14 ital improvement and management of public housing as 

15 authorized by sections 9(d) and 9(e) of the United States 

16 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

17 Secretary shall not impose any requirement or guideline 

18 relating to asset management that restricts or limits in 

19 any way the use of capital funds for central office costs 

20 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

21 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro22 vided, That a public housing agency may not use capital 

23 funds authorized under section 9(d) for activities that are 

24 eligible under section 9(e) for assistance with amounts 
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1 from the operating fund in excess of the amounts per2 mitted under section 9(g)(1) or 9(g)(2). 

3 SEC. 225. No official or employee of the Department 

4 of Housing and Urban Development shall be designated 

5 as an allotment holder unless the Office of the Chief Fi6 nancial Officer has determined that such allotment holder 

7 has implemented an adequate system of funds control and 

8 has received training in funds control procedures and di9 rectives. The Chief Financial Officer shall ensure that, not 

10 later than 90 days after the date of enactment of this Act, 

11 a trained allotment holder shall be designated for each 

12 HUD subaccount under the heading ‘‘Administration, Op13 erations, and Management’’ as well as each account receiv14 ing appropriations for ‘‘Program Office Salaries and Ex15 penses’’ within the Department of Housing and Urban 

16 Development. 

17 SEC. 226. The Secretary of Housing and Urban De18 velopment shall report quarterly to the House and Senate 

19 Committees on Appropriations on the status of all section 

20 8 project-based housing, including the number of all 

21 project-based units by region as well as an analysis of all 

22 federally subsidized housing being refinanced under the 

23 Mark-to-Market program. The Secretary shall in the re24 port identify all existing units maintained by region as sec25 tion 8 project-based units and all project-based units that 
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1 have opted out of section 8 or have otherwise been elimi2 nated as section 8 project-based units. The Secretary shall 

3 identify in detail and by project all the efforts made by 

4 the Department to preserve all section 8 project-based 

5 housing units and all the reasons for any units which 

6 opted out or otherwise were lost as section 8 project-based 

7 units. Such analysis shall include a review of the impact 

8 of the loss of any subsidized units in that housing market9 place, such as the impact of cost and the loss of available 

10 subsidized, low-income housing in areas with scarce hous11 ing resources for low-income families. 

12 SEC. 227. Payment of attorney fees in program-re13 lated litigation must be paid from individual program of14 fice personnel benefits and compensation funding. The an15 nual budget submission for program office personnel ben16 efit and compensation funding must include program-re17 lated litigation costs for attorney fees as a separate line 

18 item request. 

19 SEC. 228. The Secretary of the Department of Hous20 ing and Urban Development shall for fiscal year 2012 and 

21 subsequent fiscal years, notify the public through the Fed22 eral Register and other means, as determined appropriate, 

23 of the issuance of a notice of the availability of assistance 

24 or notice of funding availability (NOFA) for any program 

25 or discretionary fund administered by the Secretary that 
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1 is to be competitively awarded. Notwithstanding any other 

2 provision of law, for fiscal year 2012 and subsequent fiscal 

3 years, the Secretary may make the NOFA available only 

4 on the Internet at the appropriate Government Web site 

5 or through other electronic media, as determined by the 

6 Secretary. 

7 SEC. 229. No property identified by the Secretary of 

8 Housing and Urban Development as surplus Federal prop9 erty for use to assist the homeless shall be made available 

10 to any homeless group unless the group is a member in 

11 good standing under any of HUD’s homeless assistance 

12 programs or is in good standing with any other program 

13 which receives funds from any other Federal or State 

14 agency or entity: Provided, That an exception may be 

15 made for an entity not involved with Federal homeless pro16 grams to use surplus Federal property for the homeless 

17 only after the Secretary or another responsible Federal 

18 agency has fully and comprehensively reviewed all relevant 

19 finances of the entity, the track record of the entity in 

20 assisting the homeless, the ability of the entity to manage 

21 the property, including all costs, the ability of the entity 

22 to administer homeless programs in a manner that is ef23 fective to meet the needs of the homeless population that 

24 is expected to use the property and any other related 

25 issues that demonstrate a commitment to assist the home-
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1 less: Provided further, That the Secretary shall not require 

2 the entity to have cash in hand in order to demonstrate 

3 financial ability but may rely on the entity’s prior dem4 onstrated fund-raising ability or commitments for in-kind 

5 donations of goods and services: Provided further, That 

6 the Secretary shall make all such information and its deci7 sion regarding the award of the surplus property available 

8 to the committees of jurisdiction, including a full justifica9 tion of the appropriateness of the use of the property to 

10 assist the homeless as well as the appropriateness of the 

11 group seeking to obtain the property to use such property 

12 to assist the homeless: Provided further, That, this section 

13 shall apply to properties in fiscal years 2011 and 2012 

14 made available as surplus Federal property for use to as15 sist the homeless. 

16 SEC. 230. The Secretary of the Department of Hous17 ing and Urban Development is authorized to transfer up 

18 to 5 percent or $5,000,000, whichever is less, of the funds 

19 made available for salaries and expenses under any ac20 count or any set-aside within any account under this title 

21 under the general heading ‘‘Program Office Salaries and 

22 Expenses’’, and under the account heading ‘‘Administra23 tion, Operations and Management’’, to any other such ac24 count or any other such set-aside within any such account: 

25 Provided, That no appropriation for salaries and expenses 
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1 in any such account or set-aside shall be increased or de2 creased by more than 5 percent or $5,000,000, whichever 

3 is less, without prior written approval of the House and 

4 Senate Committees on Appropriations. 

5 SEC. 231. The Disaster Housing Assistance Pro6 grams, administered by the Department of Housing and 

7 Urban Development, shall be considered a ‘‘program of 

8 the Department of Housing and Urban Development’’ 

9 under section 904 of the McKinney Act for the purpose 

10 of income verifications and matching. 

11 SEC. 232. Of the amounts made available for salaries 

12 and expenses under all accounts under this title (except 

13 for the Office of Inspector General account), a total of 

14 up to $10,000,000 may be transferred to and merged with 

15 amounts made available in the ‘‘Working Capital Fund’’ 

16 account under this title. 

17 SEC. 233. Title II of division I of Public Law 108– 

18 447 and title III of Public Law 109–115 are each amend19 ed by striking the item related to ‘‘Flexible Subsidy 

20 Fund’’. 

21 SEC. 234. The Secretary of Housing and Urban De22 velopment may increase, pursuant to this section, the 

23 number of Moving-to-Work agencies authorized under sec24 tion 204, title II, of the Departments of Veterans Affairs 

25 and Housing and Urban Development and Independent 
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1 Agencies Appropriations Act, 1996 (Public Law 104–134; 

2 110 Stat. 1321) by adding to the program up to three 

3 Public Housing Agencies that are High Performing Agen4 cies under the Public Housing Assessment System 

5 (PHAS) or the Section Eight Management Assessment 

6 Program (SEMAP). No PHA shall be granted this des7 ignation through this section that administers in excess 

8 of 10,000 aggregate housing vouchers and public housing 

9 units. No PHA granted this designation through this sec10 tion shall receive more funding under sections 8 or 9 of 

11 the United States Housing Act of 1937 than they other12 wise would have received absent this designation. In addi13 tion to other reporting requirements, all Moving-to-Work 

14 agencies shall report financial data to the Department of 

15 Housing and Urban Development as specified by the Sec16 retary, so that the effect of Moving-to-Work policy 

17 changes can be measured. 

18 SEC. 235. Of the unobligated balances remaining 

19 from funds appropriated under the heading ‘‘Tenant20 Based Rental Assistance’’ under the ‘‘Full-Year Con21 tinuing Appropriations Act, 2011’’, $750,000,000 are re22 scinded from the $4,000,000,000 which are available on 

23 October 1, 2011: Provided, That such amounts may be 

24 derived from reductions to public housing agencies’ cal25 endar year 2012 allocations based on the excess amounts 
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1 of public housing agencies’ net restricted assets accounts, 

2 including the net restricted assets of MTW agencies (in 

3 accordance with VMS data in calendar year 2011 that is 

4 verifiable and complete), as determined by the Secretary: 

5 Provided further, That in making such adjustments, the 

6 Secretary shall preserve public housing authority reserves 

7 at no less than one month, to the extent practicable. 

8 SEC. 236. The United States Housing Act of 1937 

9 (42 U.S.C. 1437) is amended— 

10 (1) in section 3(a)(1) by inserting before the 

11 period at the end of the second sentence the fol12 lowing: ‘‘, except in the case of any family with a 

13 fixed income, as defined by the Secretary, after the 

14 initial review of the family’s income, the public hous15 ing agency or owner shall not be required to conduct 

16 a review of the family’s income for any year for 

17 which such family certifies, in accordance with such 

18 requirements as the Secretary shall establish, that 

19 90 percent or more of the income of the family con20 sists of fixed income, and that the sources of such 

21 income have not changed since the previous year, ex22 cept that the public housing agency or owner shall 

23 conduct a review of each such family’s income not 

24 less than once every 3 years’’; 
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1 (2) in section 3(b)(2) by inserting after the sec2 ond sentence the following new sentence: ‘‘The term 

3 ‘extremely low-income families’ means very low-in4 come families whose incomes do not exceed the high5 er of (A) the poverty guidelines updated periodically 

6 by the Department of Health and Human Services 

7 under the authority of section 673(2) of the Commu8 nity Services Block Grant Act (42 U.S.C. 9902(2)), 

9 applicable to a family of the size involved; or (B) 30 

10 percent of the median family income for the area, as 

11 determined by the Secretary, with adjustments for 

12 smaller and larger families, except that the Sec13 retary may establish income ceilings higher or lower 

14 than 30 percent of the median for the area on the 

15 basis of the Secretary’s findings that such variations 

16 are necessary because of unusually high or low fam17 ily incomes, and except that clause (A) of this sen18 tence shall not apply in the case of public housing 

19 agencies located in Puerto Rico or any other terri20 tory or possession of the United States.’’; 

21 (3) in paragraph (2) of section 3(b) by adding 

22 at the end the following new sentence: ‘‘The Sec23 retary shall periodically, but not less than annually, 

24 determine or establish area median incomes and in-
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1 come ceilings and limits in accordance with this 

2 paragraph’’; 

3 (4) in section 3(b)(5)(A)— 

4 (A) in clause (i) by striking ‘‘$400’’ and 

5 inserting in lieu thereof ‘‘$675’’; and 

6 (B) in clause (ii), in the matter preceding 

7 subclause (I), by striking ‘‘3 percent’’ and in8 serting in lieu thereof ‘‘10 percent’’; 

9 (5) in paragraph (1) of section 8(c)— 

10 (A) by inserting ‘‘(A)’’ after the paragraph 

11 designation; 

12 (B) by striking the fourth, fifth, seventh, 

13 eighth, ninth, and tenth sentences; and 

14 (C) by adding at the end the following: 

15 ‘‘(B) Fair market rentals for an area shall 

16 be published not less than annually by the Sec17 retary on the Department’s Web site and in any 

18 other manner specified by the Secretary. The 

19 Secretary shall publish notice of the publication 

20 of such fair market rentals in the Federal Reg21 ister, and such fair market rentals shall become 

22 effective no earlier than 30 days after the date 

23 of such publication. The Secretary shall estab24 lish a procedure for public housing agencies and 

25 other interested parties to comment on such 
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1 fair market rentals and to request, within a 

2 time specified by the Secretary, reevaluation of 

3 the fair market rental in a jurisdiction. The 

4 Secretary shall publish for comment in the Fed5 eral Register notices of proposed material 

6 changes in the methodology for estimating fair 

7 market rentals and notices specifying the final 

8 decisions regarding such proposed substantial 

9 methodological changes and responses to public 

10 comments.’’; 

11 (6) in subparagraph (B) of section 8(o)(1) by 

12 inserting before the period at the end the following: 

13 ‘‘, except that no public housing agency shall be re14 quired as a result of a reduction in the fair market 

15 rental to reduce the payment standard applied to a 

16 family continuing to reside in a unit for which the 

17 family was receiving assistance under this section at 

18 the time the fair market rental was reduced. The 

19 Secretary shall allow public housing agencies to re20 quest exception payment standards within fair mar21 ket rental areas subject to criteria and procedures 

22 established by the Secretary’’; 

23 (7) in subparagraph (D) of section 8(o)(1) by 

24 inserting before the period at the end the following: 

25 ‘‘except that a public housing agency may establish 
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1 a payment standard of not more than 120 percent 

2 of the fair market rent, where necessary, as a rea3 sonable accommodation for a person with a dis4 ability, without approval of the Secretary. A public 

5 housing agency may seek approval of the Secretary 

6 to use a payment standard greater than 120 percent 

7 of the fair market rent as a reasonable accommoda8 tion for a disabled family or other family with a per9 son with a disability. In connection with the use of 

10 any increased payment standard established or ap11 proved pursuant to either of the preceding two sen12 tences as a reasonable accommodation for a person 

13 with a disability, the Secretary may not establish ad14 ditional requirements regarding the amount of ad15 justed income paid by such person for rent’’; 

16 (8) in section 16(a)(2)(A) by striking ‘‘families 

17 whose incomes’’ and all that follows through ‘‘low 

18 family incomes’’ and inserting in lieu thereof ‘‘ex19 tremely low-income families’’; 

20 (9) in section 16(b)(1) by striking ‘‘families 

21 whose incomes’’ and all that follows through ‘‘low 

22 family incomes’’ and inserting in lieu thereof ‘‘ex23 tremely low-income families’’; and 

24 (10) in section 16(c)(3) by striking ‘‘families 

25 whose incomes’’ and all that follows through ‘‘low 
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1 family incomes’’ and inserting in lieu thereof ‘‘ex2 tremely low-income families’’. 

3 SEC. 236. Section 579 of the Multifamily Assisted 

4 Housing Reform and Affordability Act of 1997 (42 U.S.C. 

5 1437f) is amended by striking ‘‘October 1, 2011’’ each 

6 place it appears and inserting in lieu thereof ‘‘October 1, 

7 2015’’. 
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1 TITLE III 

2 RELATED AGENCIES 

3 ACCESS BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary for the Access Board, as au6 thorized by section 502 of the Rehabilitation Act of 1973, 

7 as amended, $7,400,000: Provided, That, notwithstanding 

8 any other provision of law, there may be credited to this 

9 appropriation funds received for publications and training 

10 expenses. 

11 FEDERAL MARITIME COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Maritime 

14 Commission as authorized by section 201(d) of the Mer15 chant Marine Act, 1936, as amended (46 U.S.C. App. 

16 1111), including services as authorized by 5 U.S.C. 3109; 

17 hire of passenger motor vehicles as authorized by 31 

18 U.S.C. 1343(b); and uniforms or allowances therefore, as 

19 authorized by 5 U.S.C. 5901–5902, $24,100,000. 

20 NATIONAL RAILROAD PASSENGER CORPORATION OFFICE

21 OF INSPECTOR GENERAL

22 OFFICE OF INSPECTOR GENERAL

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of Inspector 

25 General for the National Railroad Passenger Corporation 
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1 to carry out the provisions of the Inspector General Act 

2 of 1978, as amended, $19,311,000: Provided, That the In3 spector General shall have all necessary authority, in car4 rying out the duties specified in the Inspector General Act, 

5 as amended (5 U.S.C. App. 3), to investigate allegations 

6 of fraud, including false statements to the government (18 

7 U.S.C. 1001), by any person or entity that is subject to 

8 regulation by the National Railroad Passenger Corpora9 tion: Provided further, That the Inspector General may 

10 enter into contracts and other arrangements for audits, 

11 studies, analyses, and other services with public agencies 

12 and with private persons, subject to the applicable laws 

13 and regulations that govern the obtaining of such services 

14 within the National Railroad Passenger Corporation: Pro15 vided further, That the Inspector General may select, ap16 point, and employ such officers and employees as may be 

17 necessary for carrying out the functions, powers, and du18 ties of the Office of Inspector General, subject to the appli19 cable laws and regulations that govern such selections, ap20 pointments, and employment within Amtrak: Provided fur21 ther, That concurrent with the President’s budget request 

22 for fiscal year 2013, the Inspector General shall submit 

23 to the House and Senate Committees on Appropriations 

24 a budget request for fiscal year 2013 in similar format 
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1 and substance to those submitted by executive agencies 

2 of the Federal Government. 

3 NATIONAL TRANSPORTATION SAFETY BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the National Transpor6 tation Safety Board, including hire of passenger motor ve7 hicles and aircraft; services as authorized by 5 U.S.C. 

8 3109, but at rates for individuals not to exceed the per 

9 diem rate equivalent to the rate for a GS–15; uniforms, 

10 or allowances therefor, as authorized by law (5 U.S.C. 

11 5901–5902), $99,275,000, of which not to exceed $2,000 

12 may be used for official reception and representation ex13 penses. The amounts made available to the National 

14 Transportation Safety Board in this Act include amounts 

15 necessary to make lease payments on an obligation in16 curred in fiscal year 2001 for a capital lease. 

17 NEIGHBORHOOD REINVESTMENT CORPORATION

18 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

19 CORPORATION

20 For payment to the Neighborhood Reinvestment Cor21 poration for use in neighborhood reinvestment activities, 

22 as authorized by the Neighborhood Reinvestment Corpora23 tion Act (42 U.S.C. 8101–8107), $135,000,000, of which 

24 $5,000,000 shall be for a multi-family rental housing pro25 gram: Provided, That in addition, $65,000,000 shall be 
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1 made available until expended to the Neighborhood Rein2 vestment Corporation for mortgage foreclosure mitigation 

3 activities, under the following terms and conditions: 

4 (1) The Neighborhood Reinvestment Corpora5 tion (‘‘NRC’’) shall make grants to counseling inter6 mediaries approved by the Department of Housing 

7 and Urban Development (HUD) (with match to be 

8 determined by the NRC based on affordability and 

9 the economic conditions of an area; a match also 

10 may be waived by the NRC based on the aforemen11 tioned conditions) to provide mortgage foreclosure 

12 mitigation assistance primarily to States and areas 

13 with high rates of defaults and foreclosures to help 

14 eliminate the default and foreclosure of mortgages of 

15 owner-occupied single-family homes that are at risk 

16 of such foreclosure. Other than areas with high rates 

17 of defaults and foreclosures, grants may also be pro18 vided to approved counseling intermediaries based on 

19 a geographic analysis of the Nation by the NRC 

20 which determines where there is a prevalence of 

21 mortgages that are risky and likely to fail, including 

22 any trends for mortgages that are likely to default 

23 and face foreclosure. A State Housing Finance 

24 Agency may also be eligible where the State Housing 

25 Finance Agency meets all the requirements under 
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1 this paragraph. A HUD-approved counseling inter2 mediary shall meet certain mortgage foreclosure 

3 mitigation assistance counseling requirements, as de4 termined by the NRC, and shall be approved by 

5 HUD or the NRC as meeting these requirements. 

6 (2) Mortgage foreclosure mitigation assistance 

7 shall only be made available to homeowners of 

8 owner-occupied homes with mortgages in default or 

9 in danger of default. These mortgages shall likely be 

10 subject to a foreclosure action and homeowners will 

11 be provided such assistance that shall consist of ac12 tivities that are likely to prevent foreclosures and re13 sult in the long-term affordability of the mortgage 

14 retained pursuant to such activity or another posi15 tive outcome for the homeowner. No funds made 

16 available under this paragraph may be provided di17 rectly to lenders or homeowners to discharge out18 standing mortgage balances or for any other direct 

19 debt reduction payments. 

20 (3) The use of Mortgage Foreclosure Mitigation 

21 Assistance by approved counseling intermediaries 

22 and State Housing Finance Agencies shall involve a 

23 reasonable analysis of the borrower’s financial situa24 tion, an evaluation of the current value of the prop25 erty that is subject to the mortgage, counseling re-
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1 garding the assumption of the mortgage by another 

2 non-Federal party, counseling regarding the possible 

3 purchase of the mortgage by a non-Federal third 

4 party, counseling and advice of all likely restruc5 turing and refinancing strategies or the approval of 

6 a work-out strategy by all interested parties. 

7 (4) NRC may provide up to 15 percent of the 

8 total funds under this paragraph to its own charter 

9 members with expertise in foreclosure prevention 

10 counseling, subject to a certification by the NRC 

11 that the procedures for selection do not consist of 

12 any procedures or activities that could be construed 

13 as an unacceptable conflict of interest or have the 

14 appearance of impropriety. 

15 (5) HUD-approved counseling entities and 

16 State Housing Finance Agencies receiving funds 

17 under this paragraph shall have demonstrated expe18 rience in successfully working with financial institu19 tions as well as borrowers facing default, delin20 quency and foreclosure as well as documented coun21 seling capacity, outreach capacity, past successful 

22 performance and positive outcomes with documented 

23 counseling plans (including post mortgage fore24 closure mitigation counseling), loan workout agree25 ments and loan modification agreements. NRC may 
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1 use other criteria to demonstrate capacity in under2 served areas. 

3 (6) Of the total amount made available under 

4 this paragraph, up to $3,000,000 may be made 

5 available to build the mortgage foreclosure and de6 fault mitigation counseling capacity of counseling 

7 intermediaries through NRC training courses with 

8 HUD-approved counseling intermediaries and their 

9 partners, except that private financial institutions 

10 that participate in NRC training shall pay market 

11 rates for such training. 

12 (7) Of the total amount made available under 

13 this paragraph, up to 4 percent may be used for as14 sociated administrative expenses for the NRC to 

15 carry out activities provided under this section. 

16 (8) Mortgage foreclosure mitigation assistance 

17 grants may include a budget for outreach and adver18 tising, and training, as determined by the NRC. 

19 (9) The NRC shall continue to report bi-annu20 ally to the House and Senate Committees on Appro21 priations as well as the Senate Banking Committee 

22 and House Financial Services Committee on its ef23 forts to mitigate mortgage default. 
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1 UNITED STATES INTERAGENCY COUNCIL ON

2 HOMELESSNESS

3 OPERATING EXPENSES

4 For necessary expenses (including payment of sala5 ries, authorized travel, hire of passenger motor vehicles, 

6 the rental of conference rooms, and the employment of ex7 perts and consultants under section 3109 of title 5, United 

8 States Code) of the United States Interagency Council on 

9 Homelessness in carrying out the functions pursuant to 

10 title II of the McKinney-Vento Homeless Assistance Act, 

11 as amended, $3,640,000. 
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1 TITLE IV 

2 GENERAL PROVISIONS—THIS ACT 

3 SEC. 401. Such sums as may be necessary for fiscal 

4 year 2012 pay raises for programs funded in this Act shall 

5 be absorbed within the levels appropriated in this Act or 

6 previous appropriations Acts. 

7 SEC. 402. None of the funds in this Act shall be used 

8 for the planning or execution of any program to pay the 

9 expenses of, or otherwise compensate, non-Federal parties 

10 intervening in regulatory or adjudicatory proceedings 

11 funded in this Act. 

12 SEC. 403. None of the funds appropriated in this Act 

13 shall remain available for obligation beyond the current 

14 fiscal year, nor may any be transferred to other appropria15 tions, unless expressly so provided herein. 

16 SEC. 404. The expenditure of any appropriation 

17 under this Act for any consulting service through procure18 ment contract pursuant to section 3109 of title 5, United 

19 States Code, shall be limited to those contracts where such 

20 expenditures are a matter of public record and available 

21 for public inspection, except where otherwise provided 

22 under existing law, or under existing Executive order 

23 issued pursuant to existing law. 

24 SEC. 405. Except as otherwise provided in this Act, 

25 none of the funds provided in this Act, provided by pre-
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1 vious appropriations Acts to the agencies or entities fund2 ed in this Act that remain available for obligation or ex3 penditure in fiscal year 2012, or provided from any ac4 counts in the Treasury derived by the collection of fees 

5 and available to the agencies funded by this Act, shall be 

6 available for obligation or expenditure through a re7 programming of funds that: 

8 (1) creates a new program; 

9 (2) eliminates a program, project, or activity; 

10 (3) increases funds or personnel for any pro11 gram, project, or activity for which funds have been 

12 denied or restricted by the Congress; 

13 (4) proposes to use funds directed for a specific 

14 activity by either the House or Senate Committees 

15 on Appropriations for a different purpose; 

16 (5) augments existing programs, projects, or ac17 tivities in excess of $5,000,000 or 10 percent, which18 ever is less; 

19 (6) reduces existing programs, projects, or ac20 tivities by $5,000,000 or 10 percent, whichever is 

21 less; or 

22 (7) creates, reorganizes, or restructures a 

23 branch, division, office, bureau, board, commission, 

24 agency, administration, or department different from 

25 the budget justifications submitted to the Commit-
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1 tees on Appropriations or the table accompanying 

2 the explanatory statement accompanying this Act, 

3 whichever is more detailed, unless prior approval is 

4 received from the House and Senate Committees on 

5 Appropriations: Provided, That not later than 60 

6 days after the date of enactment of this Act, each 

7 agency funded by this Act shall submit a report to 

8 the Committees on Appropriations of the Senate and 

9 of the House of Representatives to establish the 

10 baseline for application of reprogramming and trans11 fer authorities for the current fiscal year: Provided 

12 further, That the report shall include: 

13 (A) a table for each appropriation with a 

14 separate column to display the President’s 

15 budget request, adjustments made by Congress, 

16 adjustments due to enacted rescissions, if ap17 propriate, and the fiscal year enacted level; 

18 (B) a delineation in the table for each ap19 propriation both by object class and program, 

20 project, and activity as detailed in the budget 

21 appendix for the respective appropriation; and 

22 (C) an identification of items of special 

23 congressional interest: Provided further, That 

24 the amount appropriated or limited for salaries 

25 and expenses for an agency shall be reduced by 
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1 $100,000 per day for each day after the re2 quired date that the report has not been sub3 mitted to the Congress. 

4 SEC. 406. Except as otherwise specifically provided 

5 by law, not to exceed 50 percent of unobligated balances 

6 remaining available at the end of fiscal year 2012 from 

7 appropriations made available for salaries and expenses 

8 for fiscal year 2012 in this Act, shall remain available 

9 through September 30, 2013, for each such account for 

10 the purposes authorized: Provided, That a request shall 

11 be submitted to the House and Senate Committees on Ap12 propriations for approval prior to the expenditure of such 

13 funds: Provided further, That these requests shall be made 

14 in compliance with reprogramming guidelines under sec15 tion 405 of this Act. 

16 SEC. 407. All Federal agencies and departments that 

17 are funded under this Act shall issue a report to the House 

18 and Senate Committees on Appropriations on all sole19 source contracts by no later than July 30, 2012. Such re20 port shall include the contractor, the amount of the con21 tract and the rationale for using a sole-source contract. 

22 SEC. 408. (a) None of the funds made available in 

23 this Act may be obligated or expended for any employee 

24 training that— 
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1 (1) does not meet identified needs for knowl2 edge, skills, and abilities bearing directly upon the 

3 performance of official duties; 

4 (2) contains elements likely to induce high lev5 els of emotional response or psychological stress in 

6 some participants; 

7 (3) does not require prior employee notification 

8 of the content and methods to be used in the train9 ing and written end of course evaluation; 

10 (4) contains any methods or content associated 

11 with religious or quasi-religious belief systems or 

12 ‘‘new age’’ belief systems as defined in Equal Em13 ployment Opportunity Commission Notice N– 

14 915.022, dated September 2, 1988; or 

15 (5) is offensive to, or designed to change, par16 ticipants’ personal values or lifestyle outside the 

17 workplace. 

18 (b) Nothing in this section shall prohibit, restrict, or 

19 otherwise preclude an agency from conducting training 

20 bearing directly upon the performance of official duties. 

21 SEC. 409. No funds in this Act may be used to sup22 port any Federal, State, or local projects that seek to use 

23 the power of eminent domain, unless eminent domain is 

24 employed only for a public use: Provided, That for pur25 poses of this section, public use shall not be construed to 
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1 include economic development that primarily benefits pri2 vate entities: Provided further, That any use of funds for 

3 mass transit, railroad, airport, seaport or highway projects 

4 as well as utility projects which benefit or serve the gen5 eral public (including energy-related, communication-re6 lated, water-related and wastewater-related infrastruc7 ture), other structures designated for use by the general 

8 public or which have other common-carrier or public-util9 ity functions that serve the general public and are subject 

10 to regulation and oversight by the government, and 

11 projects for the removal of an immediate threat to public 

12 health and safety or brownsfield as defined in the Small 

13 Business Liability Relief and Brownsfield Revitalization 

14 Act (Public Law 107–118) shall be considered a public 

15 use for purposes of eminent domain. 

16 SEC. 410. None of the funds made available in this 

17 Act may be transferred to any department, agency, or in18 strumentality of the United States Government, except 

19 pursuant to a transfer made by, or transfer authority pro20 vided in, this Act or any other appropriations Act. 

21 SEC. 411. No part of any appropriation contained in 

22 this Act shall be available to pay the salary for any person 

23 filling a position, other than a temporary position, for24 merly held by an employee who has left to enter the Armed 

25 Forces of the United States and has satisfactorily com-
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1 pleted his period of active military or naval service, and 

2 has within 90 days after his release from such service or 

3 from hospitalization continuing after discharge for a pe4 riod of not more than 1 year, made application for restora5 tion to his former position and has been certified by the 

6 Office of Personnel Management as still qualified to per7 form the duties of his former position and has not been 

8 restored thereto. 

9 SEC. 412. No funds appropriated pursuant to this 

10 Act may be expended by an entity unless the entity agrees 

11 that in expending the assistance the entity will comply 

12 with sections 2 through 4 of the Act of March 3, 1933 

13 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer14 ican Act’’). 

15 SEC. 413. No funds appropriated or otherwise made 

16 available under this Act shall be made available to any 

17 person or entity that has been convicted of violating the 

18 Buy American Act (41 U.S.C. 10a–10c). 

19 SEC. 414. None of the funds made available in this 

20 Act may be used for first-class airline accommodations in 

21 contravention of sections 301–10.122 and 301–10.123 of 

22 title 41, Code of Federal Regulations. 

23 SEC. 415. None of the funds made available in this 

24 Act may be used to purchase a light bulb for an office 

25 building unless the light bulb has, to the extent prac-
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1 ticable, an Energy Star or Federal Energy Management 

2 Program designation. 

3 SEC. 416. None of the funds made available in this 

4 Act may be used to establish, issue, implement, admin5 ister, or enforce any prohibition or restriction on the es6 tablishment or effectiveness of any occupancy preference 

7 for veterans in supportive housing for the elderly that: 

8 (1) is provided assistance by the Department of 

9 Housing and Urban Development; and 

10 (2) is or would be located on property of the 

11 Department of Veterans Affairs; or 

12 (3) is subject to an enhanced use lease with the 

13 Department of Veterans Affairs. 

14 SEC. 417. None of the funds made available under 

15 this Act or any prior Act may be provided to the Associa16 tion of Community Organizations for Reform Now 

17 (ACORN), or any of its affiliates, subsidiaries, or allied 

18 organizations. 

19 SEC. 418. Concurrent with the issuance of any notice 

20 of funding availability or any other notice designed to so21 licit applications for a program through which grants or 

22 credit assistance are awarded through a competitive proc23 ess, the Secretary of Transportation and the Secretary of 

24 Housing and Urban Development shall post on their Web 

25 sites information about such program, including, but not 
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1 limited to, the goals of the program, the criteria that will 

2 be used in awarding grants or credit assistance, and the 

3 process by which applications will be selected for the 

4 award of a grant or credit assistance: Provided, That con5 current with the public announcement of grants or credit 

6 assistance to be awarded through such competitive pro7 gram, the Secretary of Transportation and the Secretary 

8 of Housing and Urban Development shall post on their 

9 Web sites information on each applicant to be awarded 

10 a grant or credit assistance, including, but not limited to, 

11 the name and address of the applicant, the amount of the 

12 grant or credit assistance to be awarded, the amount of 

13 financing expected from other sources, and an explanation 

14 of how such award is consistent with program goals. 

15 This Act may be cited as the ‘‘Transportation, Hous16 ing and Urban Development, and Related Agencies Appro17 priations Act, 2012’’. 

Calendar No. 177 

112TH CONGRESS 

1ST SESSION S. 1596 

[Report No. 112–83] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2012, and for other puropment, and related agencies for the fiscal year Transportation, and Housing and Urban DevelSEPTEMBER 21, 2011 

Read twice and placed on the calendar