II 

Calendar No. 359 

112TH CONGRESS 

2D SESSION S. 2322 

[Report No. 112–157] 

Making appropriations for the Departments of Transportation, and Housing 

and Urban Development, and related agencies for the fiscal year ending 

September 30, 2013, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 19, 2012 

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, 

2013, 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 
2 

•S 2322 PCS

1 Development, and related agencies for the fiscal year end2 ing September 30, 2013, 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 $108,097,000, of which not to exceed $2,635,000 shall be 

9 available for the immediate Office of the Secretary; not 

10 to exceed $992,000 shall be available for the Immediate 

11 Office of the Deputy Secretary; not to exceed $19,615,000 

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

13 not to exceed $11,248,000 shall be available for the Office 

14 of the Under Secretary of Transportation for Policy; not 

15 to exceed $12,825,000 shall be available for the Office of 

16 the Assistant Secretary for Budget and Programs; not to 

17 exceed $2,514,000 shall be available for the Office of the 

18 Assistant Secretary for Governmental Affairs; not to ex19 ceed $27,095,000 shall be available for the Office of the 

20 Assistant Secretary for Administration; not to exceed 

21 $2,034,000 shall be available for the Office of Public Af22 fairs; not to exceed $1,608,000 shall be available for the 

23 Office of the Executive Secretariat; not to exceed 

24 $1,539,000 shall be available for the Office of Small and 

25 Disadvantaged Business Utilization; not to exceed 
3 

•S 2322 PCS

1 $10,875,000 for the Office of Intelligence, Security, and 

2 Emergency Response; and not to exceed $15,117,000 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, $500,000,000, to remain available through 

25 September 30, 2014: Provided, That the Secretary of 
4 

•S 2322 PCS

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 
5 

•S 2322 PCS

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 of the amount made available 

17 under this heading, the Secretary may use an amount not 

18 to exceed $35,000,000 for the planning, preparation or de19 sign of projects eligible for funding under this heading: 

20 Provided further, That grants awarded under the previous 

21 proviso shall not be subject to a minimum grant size: Pro22 vided further, That projects conducted using funds pro23 vided under this heading must comply with the require24 ments of subchapter IV of chapter 31 of title 40, United 

25 States Code: Provided further, That the Secretary shall 
6 

•S 2322 PCS

1 conduct a new competition to select the grants and credit 

2 assistance awarded under this heading: Provided further, 

3 That the Secretary may retain up to $20,000,000 of the 

4 funds provided under this heading, and may transfer por5 tions of those funds to the Administrators of the Federal 

6 Highway Administration, the Federal Transit Administra7 tion, the Federal Railroad Administration and the Federal 

8 Maritime Administration, to fund the award and oversight 

9 of grants and credit assistance made under this heading. 

10 FINANCIAL MANAGEMENT CAPITAL

11 For necessary expenses for upgrading and enhancing 

12 the Department of Transportation’s financial systems and 

13 re-engineering business processes, $10,000,000, to remain 

14 available through September 30, 2014. 

15 CYBER SECURITY INITIATIVES

16 For necessary expenses for cyber security initiatives, 

17 including necessary upgrades to wide area network and 

18 information technology infrastructure, improvement of 

19 network perimeter controls and identity management, 

20 testing and assessment of information technology against 

21 business, security, and other requirements, implementa22 tion of Federal cyber security initiatives and information 

23 infrastructure enhancements, implementation of enhanced 

24 security controls on network devices, and enhancement of 
7 

•S 2322 PCS

1 cyber security workforce training tools, $6,000,000, to re2 main available through September 30, 2014. 

3 OFFICE OF CIVIL RIGHTS

4 For necessary expenses of the Office of Civil Rights, 

5 $9,773,000. 

6 TRANSPORTATION PLANNING, RESEARCH, AND

7 DEVELOPMENT

8 For necessary expenses for conducting transportation 

9 planning, research, systems development, development ac10 tivities, and making grants, to remain available until ex11 pended, $8,000,000. 

12 WORKING CAPITAL FUND

13 For necessary expenses for operating costs and cap14 ital outlays of the Working Capital Fund, not to exceed 

15 $174,128,000 shall be paid from appropriations made 

16 available to the Department of Transportation: Provided, 

17 That such services shall be provided on a competitive basis 

18 to entities within the Department of Transportation: Pro19 vided further, That the above limitation on operating ex20 penses shall not apply to non-DOT entities: Provided fur21 ther, That no funds appropriated in this Act to an agency 

22 of the Department shall be transferred to the Working 

23 Capital Fund without the approval of the agency modal 

24 administrator: Provided further, That no assessments may 

25 be levied against any program, budget activity, subactivity 
8 

•S 2322 PCS

1 or project funded by this Act unless notice of such assess2 ments and the basis therefor are presented to the House 

3 and Senate Committees on Appropriations and are ap4 proved by such Committees. 

5 MINORITY BUSINESS RESOURCE CENTER PROGRAM

6 For the cost of guaranteed loans, $333,000, as au7 thorized by 49 U.S.C. 332: Provided, That such costs, in8 cluding the cost of modifying such loans, shall be as de9 fined in section 502 of the Congressional Budget Act of 

10 1974: Provided further, That these funds are available to 

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

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

13 administrative expenses to carry out the guaranteed loan 

14 program, $589,000. 

15 MINORITY BUSINESS OUTREACH

16 For necessary expenses of Minority Business Re17 source Center outreach activities, $3,234,000, to remain 

18 available until September 30, 2013: Provided, That not19 withstanding 49 U.S.C. 332, these funds may be used for 

20 business opportunities related to any mode of transpor21 tation. 
9 

•S 2322 PCS

1 PAYMENTS TO AIR CARRIERS

2 (AIRPORT AND AIRWAY TRUST FUND)

3 (INCLUDING TRANSFER OF FUNDS)

4 In addition to funds made available from any other 

5 source to carry out the essential air service program under 

6 49 U.S.C. 41731 through 41742, $114,000,000, to be de7 rived from the Airport and Airway Trust Fund, to remain 

8 available until expended: Provided, That in determining 

9 between or among carriers competing to provide service 

10 to a community, the Secretary may consider the relative 

11 subsidy requirements of the carriers: Provided further, 

12 That basic essential air service minimum requirements 

13 shall not include the 15-passenger capacity requirement 

14 under subsection 41732(b)(3) of title 49, United States 

15 Code: Provided further, That if the funds under this head16 ing are insufficient to meet the costs of the essential air 

17 service program in the current fiscal year, the Secretary 

18 shall transfer such sums as may be necessary to carry out 

19 the essential air service program from any available 

20 amounts appropriated to or directly administered by the 

21 Office of the Secretary for such fiscal year. 

22 RESEARCH AND TECHNOLOGY

23 For necessary expenses related to the Office of the 

24 Assistant Secretary for Research and Technology, 

25 $13,500,000, of which $6,953,000 shall remain available 
10 

•S 2322 PCS

1 until September 30, 2015: Provided, That there may be 

2 credited to this appropriation, to be available until ex3 pended, funds received from States, counties, municipali4 ties, other public authorities, and private sources for ex5 penses incurred for training: Provided further, That not6 withstanding any other provision of law, the powers and 

7 duties, functions, authorities and personnel of the Re8 search and Innovative Technology Administration are 

9 hereby transferred to the Office of the Assistant Secretary 

10 for Research and Technology in the Office of the Sec11 retary: Provided further, That notwithstanding section 102 

12 of title 49 and section 5315 of title 5, there shall be an 

13 Assistant Secretary for Research and Technology within 

14 the Office of the Secretary, appointed by the President 

15 with the advice and consent of the Senate, to lead such 

16 office: Provided further, That any reference in law, regula17 tion, judicial proceedings, or elsewhere to the Research 

18 and Innovative Technology Administration shall be 

19 deemed to be a reference to the Office of the Assistant 

20 Secretary for Research and Technology of the Department 

21 of Transportation. 

22 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

23 SECRETARY OF TRANSPORTATION

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

25 Act to the Department of Transportation may be obligated 
11 

•S 2322 PCS

1 for the Office of the Secretary of Transportation to ap2 prove assessments or reimbursable agreements pertaining 

3 to funds appropriated to the modal administrations in this 

4 Act, except for activities underway on the date of enact5 ment of this Act, unless such assessments or agreements 

6 have completed the normal reprogramming process for 

7 Congressional notification. 

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

9 this Act may be obligated or expended to establish or im10 plement a program under which essential air service com11 munities are required to assume subsidy costs commonly 

12 referred to as the EAS local participation program. 

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

14 in activities with States and State legislators to consider 

15 proposals related to the reduction of motorcycle fatalities. 

16 SEC. 104. Notwithstanding section 3324 of title 31, 

17 United States Code, in addition to authority provided by 

18 section 327 of title 49, United States Code, the Depart19 ment’s Working Capital Fund is hereby authorized to pro20 vide payments in advance to vendors that are necessary 

21 to carry out the Federal transit pass transportation fringe 

22 benefit program under Executive Order 13150 and section 

23 3049 of Public Law 109–59: Provided, That the Depart24 ment shall include adequate safeguards in the contract 
12 

•S 2322 PCS

1 with the vendors to ensure timely and high-quality per2 formance under the contract. 

3 SEC. 105. The Secretary shall post on the Web site 

4 of the Department of Transportation a schedule of all 

5 meetings of the Credit Council, including the agenda for 

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

7 minutes of each meeting. 

8 SEC. 106. The Secretary of Transportation is author9 ized to carry out a program that establishes uniform 

10 standards for developing and supporting agency transit 

11 pass and transit benefits authorized under section 7905 

12 of title 5, United States Code, including distribution of 

13 transit benefits by various paper and electronic media. 

14 FEDERAL AVIATION ADMINISTRATION

15 OPERATIONS

16 (AIRPORT AND AIRWAY TRUST FUND)

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses of the Federal Aviation Ad19 ministration, not otherwise provided for, including oper20 ations and research activities related to commercial space 

21 transportation, administrative expenses for research and 

22 development, establishment of air navigation facilities, the 

23 operation (including leasing) and maintenance of aircraft, 

24 subsidizing the cost of aeronautical charts and maps sold 

25 to the public, lease or purchase of passenger motor vehi-
13 

•S 2322 PCS

1 cles for replacement only, in addition to amounts made 

2 available by Public Law 108–176, $9,698,396,000, of 

3 which $5,340,000,000 shall be derived from the Airport 

4 and Airway Trust Fund, of which not to exceed 

5 $7,496,279,000 shall be available for air traffic organiza6 tion activities; not to exceed $1,255,000,000 shall be avail7 able for aviation safety activities; not to exceed 

8 $16,271,000 shall be available for commercial space trans9 portation activities; not to exceed $573,591,000 shall be 

10 available for finance and management activities; not to ex11 ceed $60,064,000 shall be available for NextGen and oper12 ations planning activities; and not to exceed $297,191,000 

13 shall be available for staff offices: Provided, That not to 

14 exceed 2 percent of any budget activity, except for aviation 

15 safety budget activity, may be transferred to any budget 

16 activity under this heading: Provided further, That no 

17 transfer may increase or decrease any appropriation by 

18 more than 2 percent: Provided further, That any transfer 

19 in excess of 2 percent shall be treated as a reprogramming 

20 of funds under section 405 of this Act and shall not be 

21 available for obligation or expenditure except in compli22 ance with the procedures set forth in that section: Pro23 vided further, That not later than March 31 of each fiscal 

24 year hereafter, the Administrator of the Federal Aviation 

25 Administration shall transmit to Congress an annual up-
14 

•S 2322 PCS

1 date to the report submitted to Congress in December 

2 2004 pursuant to section 221 of Public Law 108–176: 

3 Provided further, That the amount herein appropriated 

4 shall be reduced by $100,000 for each day after March 

5 31 that such report has not been submitted to the Con6 gress: Provided further, That not later than March 31 of 

7 each fiscal year hereafter, the Administrator shall trans8 mit to Congress a companion report that describes a com9 prehensive strategy for staffing, hiring, and training flight 

10 standards and aircraft certification staff in a format simi11 lar to the one utilized for the controller staffing plan, in12 cluding stated attrition estimates and numerical hiring 

13 goals by fiscal year: Provided further, That the amount 

14 herein appropriated shall be reduced by $100,000 per day 

15 for each day after March 31 that such report has not been 

16 submitted to Congress: Provided further, That funds may 

17 be used to enter into a grant agreement with a nonprofit 

18 standard-setting organization to assist in the development 

19 of aviation safety standards: Provided further, That none 

20 of the funds in this Act shall be available for new appli21 cants for the second career training program: Provided 

22 further, That none of the funds in this Act shall be avail23 able for the Federal Aviation Administration to finalize 

24 or implement any regulation that would promulgate new 

25 aviation user fees not specifically authorized by law after 
15 

•S 2322 PCS

1 the date of the enactment of this Act: Provided further, 

2 That there may be credited to this appropriation as offset3 ting collections funds received from States, counties, mu4 nicipalities, foreign authorities, other public authorities, 

5 and private sources for expenses incurred in the provision 

6 of agency services, including receipts for the maintenance 

7 and operation of air navigation facilities, and for issuance, 

8 renewal or modification of certificates, including airman, 

9 aircraft, and repair station certificates, or for tests related 

10 thereto, or for processing major repair or alteration forms: 

11 Provided further, That of the funds appropriated under 

12 this heading, not less than $10,350,000 shall be for the 

13 contract tower cost-sharing program: Provided further, 

14 That none of the funds in this Act for aeronautical chart15 ing and cartography are available for activities conducted 

16 by, or coordinated through, the Working Capital Fund. 

17 FACILITIES AND EQUIPMENT

18 (AIRPORT AND AIRWAY TRUST FUND)

19 For necessary expenses, not otherwise provided for, 

20 for acquisition, establishment, technical support services, 

21 improvement by contract or purchase, and hire of national 

22 airspace systems and experimental facilities and equip23 ment, as authorized under part A of subtitle VII of title 

24 49, United States Code, including initial acquisition of 

25 necessary sites by lease or grant; engineering and service 
16 

•S 2322 PCS

1 testing, including construction of test facilities and acqui2 sition of necessary sites by lease or grant; construction 

3 and furnishing of quarters and related accommodations 

4 for officers and employees of the Federal Aviation Admin5 istration stationed at remote localities where such accom6 modations are not available; and the purchase, lease, or 

7 transfer of aircraft from funds available under this head8 ing, including aircraft for aviation regulation and certifi9 cation; to be derived from the Airport and Airway Trust 

10 Fund, $2,750,000,000, of which $480,000,000 shall re11 main available until September 30, 2013; $2,195,000,000 

12 shall remain available until September 30, 2015; and 

13 $75,000,000 shall remain available until September 30, 

14 2016: Provided, That there may be credited to this appro15 priation funds received from States, counties, municipali16 ties, other public authorities, and private sources, for ex17 penses incurred in the establishment, improvement, and 

18 modernization of national airspace systems: Provided fur19 ther, That upon initial submission to the Congress of the 

20 fiscal year 2014 President’s budget, the Secretary of 

21 Transportation shall transmit to the Congress a com22 prehensive capital investment plan for the Federal Avia23 tion Administration which includes funding for each budg24 et line item for fiscal years 2014 through 2018, with total 

25 funding for each year of the plan constrained to the fund-
17 

•S 2322 PCS

1 ing targets for those years as estimated and approved by 

2 the Office of Management and Budget. 

3 RESEARCH, ENGINEERING, AND DEVELOPMENT

4 (AIRPORT AND AIRWAY TRUST FUND)

5 (INCLUDING RESCISSION)

6 For necessary expenses, not otherwise provided for, 

7 for research, engineering, and development, as authorized 

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

9 Code, including construction of experimental facilities and 

10 acquisition of necessary sites by lease or grant, 

11 $160,000,000, to be derived from the Airport and Airway 

12 Trust Fund and to remain available until September 30, 

13 2015: Provided, That there may be credited to this appro14 priation as offsetting collections, funds received from 

15 States, counties, municipalities, other public authorities, 

16 and private sources, which shall be available for expenses 

17 incurred for research, engineering, and development: Pro18 vided further, That of the unobligated balances from prior 

19 year appropriations available under this heading, 

20 $26,183,998 are rescinded. 
18 

•S 2322 PCS

1 GRANTS-IN-AID FOR AIRPORTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (AIRPORT AND AIRWAY TRUST FUND)

5 (INCLUDING TRANSFER OF FUNDS)

6 For liquidation of obligations incurred for grants-in7 aid for airport planning and development, and noise com8 patibility planning and programs as authorized under sub9 chapter I of chapter 471 and subchapter I of chapter 475 

10 of title 49, United States Code, and under other law au11 thorizing such obligations; for procurement, installation, 

12 and commissioning of runway incursion prevention devices 

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

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

15 for inspection activities and administration of airport safe16 ty programs, including those related to airport operating 

17 certificates under section 44706 of title 49, United States 

18 Code, $3,400,000,000 to be derived from the Airport and 

19 Airway Trust Fund and to remain available until ex20 pended: Provided, That none of the funds under this head21 ing shall be available for the planning or execution of pro22 grams the obligations for which are in excess of 

23 $3,350,000,000 in fiscal year 2013, notwithstanding sec24 tion 47117(g) of title 49, United States Code: Provided 

25 further, That none of the funds under this heading shall 
19 

•S 2322 PCS

1 be available for the replacement of baggage conveyor sys2 tems, reconfiguration of terminal baggage areas, or other 

3 airport improvements that are necessary to install bulk ex4 plosive detection systems: Provided further, That notwith5 standing section 137 of Public Law 112–95, for unfin6 ished projects at airports that are not large hub airports 

7 or medium hub airports and for which prior to February 

8 14, 2012, the project sponsor had received a grant for one 

9 or more phases of the project or supporting infrastructure 

10 project funds, funds limited under this heading shall be 

11 used to pay for 95 percent of allowable project costs: Pro12 vided further, That notwithstanding any other provision 

13 of law, of funds limited under this heading, not more than 

14 $103,000,000 shall be obligated for administration, not 

15 less than $15,000,000 shall be available for the airport 

16 cooperative research program, not less than $29,300,000 

17 shall be for Airport Technology Research and $6,000,000, 

18 to remain available until expended, shall be available and 

19 transferred to ‘‘Office of the Secretary, Salaries and Ex20 penses’’ to carry out the Small Community Air Service De21 velopment Program. 

22 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

23 ADMINISTRATION

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

25 to compensate in excess of 600 technical staff-years under 
20 

•S 2322 PCS

1 the federally funded research and development center con2 tract between the Federal Aviation Administration and the 

3 Center for Advanced Aviation Systems Development dur4 ing fiscal year 2013. 

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

6 to pursue or adopt guidelines or regulations requiring air7 port sponsors to provide to the Federal Aviation Adminis8 tration without cost building construction, maintenance, 

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

10 buildings for services relating to air traffic control, air 

11 navigation, or weather reporting: Provided, That the pro12 hibition of funds in this section does not apply to negotia13 tions between the agency and airport sponsors to achieve 

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

15 grant assurances that require airport sponsors to provide 

16 land without cost to the FAA for air traffic control facili17 ties. 

18 SEC. 112. The Administrator of the Federal Aviation 

19 Administration may reimburse amounts made available to 

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

21 49 U.S.C. 45303: Provided, That during fiscal year 2013, 

22 49 U.S.C. 41742(b) shall not apply, and any amount re23 maining in such account at the close of that fiscal year 

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

25 the subsequent fiscal year. 
21 

•S 2322 PCS

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

2 of title 49, United States Code, shall be credited to the 

3 appropriation current at the time of collection, to be 

4 merged with and available for the same purposes of such 

5 appropriation. 

6 SEC. 114. None of the funds in this Act shall be avail7 able for paying premium pay under subsection 5546(a) of 

8 title 5, United States Code, to any Federal Aviation Ad9 ministration employee unless such employee actually per10 formed work during the time corresponding to such pre11 mium pay. 

12 SEC. 115. None of the funds in this Act may be obli13 gated or expended for an employee of the Federal Aviation 

14 Administration to purchase a store gift card or gift certifi15 cate through use of a Government-issued credit card. 

16 SEC. 116. The Secretary shall apportion to the spon17 sor of an airport that received scheduled or unscheduled 

18 air service from a large certified air carrier (as defined 

19 in part 241 of title 14 Code of Federal Regulations, or 

20 such other regulations as may be issued by the Secretary 

21 under the authority of section 41709) an amount equal 

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

23 47114(c), if the Secretary determines that airport had 

24 more than 10,000 passenger boardings in the preceding 
22 

•S 2322 PCS

1 calendar year, based on data submitted to the Secretary 

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

3 SEC. 117. None of the funds in this Act may be obli4 gated or expended for retention bonuses for an employee 

5 of the Federal Aviation Administration without the prior 

6 written approval of the Deputy Assistant Secretary for 

7 Administration of the Department of Transportation. 

8 SEC. 118. Subparagraph (D) of section 47124(b)(3) 

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

10 ‘‘benefit.’’ and inserting ‘‘benefit, with the maximum al11 lowable local cost share capped at 20 percent.’’. 

12 SEC. 119. Notwithstanding any other provision of 

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

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

15 to implement any limitation on the ability of any owner 

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

17 to the Administrator of the Federal Aviation Administra18 tion, a blocking of that owner’s or operator’s aircraft reg19 istration number from any display of the Federal Aviation 

20 Administration’s Aircraft Situational Display to Industry 

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

22 available to a Government agency, for the noncommercial 

23 flights of that owner or operator. 

24 SEC. 119A. None of the funds in this Act shall be 

25 available for salaries and expenses of more than 7 political 
23 

•S 2322 PCS

1 and Presidential appointees in the Federal Aviation Ad2 ministration. 

3 SEC. 119B. None of the funds made available under 

4 this Act may be used to increase fees pursuant to section 

5 44721 of title 49, United States Code, until the FAA con6 ducts a public outreach that is designed to elicit feedback 

7 from aviation stakeholders, and until the FAA has re8 ported the justification of its fees on paper and digital 

9 products to the House and Senate Committees on Appro10 priations. 

11 SEC. 119C. None of the funds appropriated or limited 

12 by this Act may be used to change weight restrictions or 

13 prior permission rules at Teterboro airport in Teterboro, 

14 New Jersey. 

15 FEDERAL HIGHWAY ADMINISTRATION

16 FEDERAL-AID HIGHWAYS

17 LIMITATION ON ADMINISTRATIVE EXPENSES

18 (HIGHWAY TRUST FUND)

19 (INCLUDING TRANSFER OF FUNDS)

20 Not to exceed $426,476,000, together with advances 

21 and reimbursements received by the Federal Highway Ad22 ministration, shall be paid in accordance with law from 

23 appropriations made available by this Act to the Federal 

24 Highway Administration for necessary expenses for ad25 ministration and operation. In addition, not to exceed 
24 

•S 2322 PCS

1 $3,220,000 shall be paid from appropriations made avail2 able by this Act and transferred to the Appalachian Re3 gional Commission in accordance with section 104 of title 

4 23, United States Code. 

5 LIMITATION ON OBLIGATIONS

6 (HIGHWAY TRUST FUND)

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

8 the implementation or execution of programs, the obliga9 tions for which are in excess of $39,143,583,000 for Fed10 eral-aid highways and highway safety construction pro11 grams for fiscal year 2013: Provided, That within the 

12 $39,143,583,000 obligation limitation on Federal-aid 

13 highways and highway safety construction programs, not 

14 more than $429,800,000 shall be available for the imple15 mentation or execution of programs for transportation re16 search (chapter 5 of title 23, United States Code; sections 

17 111, 5505, and 5506 of title 49, United States Code; and 

18 title 5 of Public Law 109–59) for fiscal year 2013: Pro19 vided further, That this limitation on transportation re20 search programs shall not apply to any authority pre21 viously made available for obligation: Provided further, 

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

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

24 cover the costs of services of expert firms, including coun25 sel, in the field of municipal and project finance to assist 
25 

•S 2322 PCS

1 in the underwriting and servicing of Federal credit instru2 ments and all or a portion of the costs to the Federal Gov3 ernment of servicing such credit instruments: Provided 

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

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

6 in addition to administrative expenses that are also avail7 able for such purpose, and are not subject to any obliga8 tion limitation or the limitation on administrative expenses 

9 under section 608 of title 23, United States Code. 

10 LIQUIDATION OF CONTRACT AUTHORIZATION

11 (HIGHWAY TRUST FUND)

12 For carrying out the provisions of title 23, United 

13 States Code, that are attributable to Federal-aid high14 ways, not otherwise provided, including reimbursement for 

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

16 308, $39,882,583,000 or so much thereof as may be avail17 able in and derived from the Highway Trust Fund (other 

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

19 expended. 

20 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

21 ADMINISTRATION

22 SEC. 120. (a) For fiscal year 2013, the Secretary of 

23 Transportation shall— 

24 (1) not distribute from the obligation limitation 

25 for Federal-aid highways amounts authorized for ad-
26 

•S 2322 PCS

1 ministrative expenses and programs by section 

2 104(a) of title 23, United States Code; programs 

3 funded from the administrative takedown authorized 

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

5 (as in effect on the date before the date of enact6 ment of the Safe, Accountable, Flexible, Efficient 

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

8 highway use tax evasion program; and the Bureau of 

9 Transportation Statistics; 

10 (2) not distribute an amount from the obliga11 tion limitation for Federal-aid highways that is equal 

12 to the unobligated balance of amounts made avail13 able from the Highway Trust Fund (other than the 

14 Mass Transit Account) for Federal-aid highways and 

15 highway safety programs for previous fiscal years 

16 the funds for which are allocated by the Secretary; 

17 (3) determine the ratio that— 

18 (A) the obligation limitation for Federal19 aid highways, less the aggregate of amounts not 

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

21 to 

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

23 appropriated for Federal-aid highways and 

24 highway safety construction programs (other 

25 than sums authorized to be appropriated for 
27 

•S 2322 PCS

1 provisions of law described in paragraphs (1) 

2 through (9) of subsection (b) and sums author3 ized to be appropriated for section 105 of title 

4 23, United States Code, equal to the amount 

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

6 year), less the aggregate of the amounts not 

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

8 this subsection; 

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

10 Federal-aid highways, less the aggregate amounts 

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

12 sections 1301, 1302, and 1934 of the Safe, Account13 able, Flexible, Efficient Transportation Equity Act: 

14 A Legacy for Users; sections 117 and section 144(g) 

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

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

17 of obligation authority available for each of such sec18 tions is equal to the amount determined by multi19 plying the ratio determined under paragraph (3) by 

20 the sums authorized to be appropriated for that sec21 tion for the fiscal year; and 

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

23 of title 23, United States Code; 

24 (5) distribute the obligation limitation provided 

25 for Federal-aid highways, less the aggregate 
28 

•S 2322 PCS

1 amounts not distributed under paragraphs (1) and 

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

3 for each of the programs that are allocated by the 

4 Secretary under the Safe, Accountable, Flexible, Ef5 ficient Transportation Equity Act: A Legacy for 

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

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

8 by multiplying the ratio determined under paragraph 

9 (3) by the amounts authorized to be appropriated 

10 for each such program for such fiscal year; and 

11 (6) 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 paragraphs (4) 

15 and (5), for Federal-aid highways and highway safe16 ty construction programs (other than the amounts 

17 apportioned for the equity bonus program, but only 

18 to the extent that the amounts apportioned for the 

19 equity bonus program for the fiscal year are greater 

20 than $2,639,000,000, and the Appalachian develop21 ment highway system program) that are apportioned 

22 by the Secretary under the Safe, Accountable, Flexi23 ble, Efficient Transportation Equity Act: A Legacy 

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

25 ratio that— 
29 

•S 2322 PCS

1 (A) amounts authorized to be appropriated 

2 for such programs that are apportioned to each 

3 State for such fiscal year, bear to 

4 (B) the total of the amounts authorized to 

5 be appropriated for such programs that are ap6 portioned to all States for such fiscal year. 

7 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

8 The obligation limitation for Federal-aid highways shall 

9 not apply to obligations: 

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

11 Code; 

12 (2) under section 147 of the Surface Transpor13 tation Assistance Act of 1978; 

14 (3) under section 9 of the Federal-Aid Highway 

15 Act of 1981; 

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

17 of the Surface Transportation Assistance Act of 

18 1982; 

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

20 of the Surface Transportation and Uniform Reloca21 tion Assistance Act of 1987; 

22 (6) under sections 1103 through 1108 of the 

23 Intermodal Surface Transportation Efficiency Act of 

24 1991; 
30 

•S 2322 PCS

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

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

3 enactment of the Transportation Equity Act for the 

4 21st Century; 

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

6 Code, as in effect for fiscal years 1998 through 

7 2004, but only in an amount equal to $639,000,000 

8 for each of those fiscal years; 

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

10 obligation authority was made available under the 

11 Transportation Equity Act for the 21st Century or 

12 subsequent public laws for multiple years or to re13 main available until used, but only to the extent that 

14 the obligation authority has not lapsed or been used; 

15 (10) under section 105 of title 23, United 

16 States Code, but only in an amount equal to 

17 $639,000,000 for each of fiscal years 2005 through 

18 2010; and 

19 (11) under section 1603 of the Safe, Account20 able, Flexible, Efficient Transportation Equity Act: 

21 A Legacy for Users, to the extent that funds obli22 gated in accordance with that section were not sub23 ject to a limitation on obligations at the time at 

24 which the funds were initially made available for ob25 ligation. 
31 

•S 2322 PCS

1 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU2 THORITY.—Notwithstanding subsection (a), the Secretary 

3 shall, after August 1 of such fiscal year, revise a distribu4 tion of the obligation limitation made available under sub5 section (a) if the amount distributed cannot be obligated 

6 during that fiscal year, and redistribute sufficient amounts 

7 to those States able to obligate amounts in addition to 

8 those previously distributed during that fiscal year, giving 

9 priority to those States having large unobligated balances 

10 of funds apportioned under sections 104 and 144 of title 

11 23, United States Code. 

12 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

13 TRANSPORTATION RESEARCH PROGRAMS.—The obliga14 tion limitation shall apply to transportation research pro15 grams carried out under chapter 5 of title 23, United 

16 States Code, and title V (research title) of the Safe, Ac17 countable, Flexible, Efficient Transportation Equity Act: 

18 A Legacy for Users, except that obligation authority made 

19 available for such programs under such limitation shall re20 main available for a period of 3 fiscal years and shall be 

21 in addition to the amount of any limitation imposed on 

22 obligations for Federal-aid highway and highway safety 

23 construction programs for future fiscal years. 

24 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

25 FUNDS.— 
32 

•S 2322 PCS

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

2 the date of the distribution of obligation limitation 

3 under subsection (a), the Secretary shall distribute 

4 to the States any funds that— 

5 (A) are authorized to be appropriated for 

6 such fiscal year for Federal-aid highways pro7 grams; and 

8 (B) the Secretary determines will not be 

9 allocated to the States, and will not be available 

10 for obligation, in such fiscal year due to the im11 position of any obligation limitation for such 

12 fiscal year. 

13 (2) RATIO.—Funds shall be distributed under 

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

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

16 (3) AVAILABILITY.—Funds distributed under 

17 paragraph (1) shall be available for any purposes de18 scribed in section 133(b) of title 23, United States 

19 Code. 

20 (f) SPECIAL LIMITATION CHARACTERISTICS.—Obli21 gation limitation distributed for a fiscal year under sub22 section (a)(4) for the provision specified in subsection 

23 (a)(4) shall— 

24 (1) remain available until used for obligation of 

25 funds for that provision; and 
33 

•S 2322 PCS

1 (2) be in addition to the amount of any limita2 tion imposed on obligations for Federal-aid highway 

3 and highway safety construction programs for future 

4 fiscal years. 

5 (g) LIMITATION ON STATUTORY CONSTRUCTION.— 

6 Nothing in this section shall be construed to limit the dis7 tribution of obligation authority under subsection 

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

9 greater than 3676 listed in the table contained in section 

10 1702 of the Safe, Accountable, Flexible, Efficient Trans11 portation Equity Act: A Legacy for Users. 

12 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re13 ceived by the Bureau of Transportation Statistics from the 

14 sale of data products, for necessary expenses incurred pur15 suant to 49 U.S.C. 111 may be credited to the Federal16 aid Highways account for the purpose of reimbursing the 

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

18 be subject to the obligation limitation for Federal-aid 

19 Highways and highway safety construction programs. 

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

21 under his statutory authority, any Buy America require22 ment for Federal-aid highway projects, the Secretary of 

23 Transportation shall make an informal public notice and 

24 comment opportunity on the intent to issue such waiver 

25 and the reasons therefor: Provided, That the Secretary 
34 

•S 2322 PCS

1 shall provide an annual report to the House and Senate 

2 Committees on Appropriations on any waivers granted 

3 under the Buy America requirements. 

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

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

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

7 or otherwise authorize the imposition of any toll on any 

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

9 the State of Texas that— 

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

11 not tolled; 

12 (2) is constructed with Federal assistance pro13 vided under title 23, United States Code; and 

14 (3) is in actual operation as of the date of en15 actment of this Act. 

16 (b) EXCEPTIONS.— 

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

18 shall not apply to any segment of highway on the 

19 Federal-aid system described in that subsection that, 

20 as of the date on which a toll is imposed on the seg21 ment, will have the same number of nontoll lanes as 

22 were in existence prior to that date. 

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

24 high-occupancy vehicle lane that is converted to a 

25 toll lane shall not be subject to this section, and 
35 

•S 2322 PCS

1 shall not be considered to be a nontoll lane for pur2 poses of determining whether a highway will have 

3 fewer nontoll lanes than prior to the date of imposi4 tion of the toll, if— 

5 (A) high-occupancy vehicles occupied by 

6 the number of passengers specified by the enti7 ty operating the toll lane may use the toll lane 

8 without paying a toll, unless otherwise specified 

9 by the appropriate county, town, municipal or 

10 other local government entity, or public toll 

11 road or transit authority; or 

12 (B) each high-occupancy vehicle lane that 

13 was converted to a toll lane was constructed as 

14 a temporary lane to be replaced by a toll lane 

15 under a plan approved by the appropriate coun16 ty, town, municipal or other local government 

17 entity, or public toll road or transit authority. 

18 SEC. 124. Notwithstanding subsection 101(d) of Pub19 lic Law 112–102, the level of contract authority for ad20 ministrative expenses of the Federal-aid highway program 

21 for fiscal year 2013 shall be $426,476,000. 

22 SEC. 125. Notwithstanding subsection 111(d)(3) of 

23 Public Law 112–30, funds limited by this Act and made 

24 available for purposes under section 1960 of Public Law 

25 109–59 shall be allocated in accordance with such section. 
36 

•S 2322 PCS

1 SEC. 126. (a) Section 127 of title 23, United States 

2 Code, is amended by adding at the end the following: 

3 ‘‘(i) OPERATION OF VEHICLES ON

4 CERTAIN WISCONSIN HIGHWAYS.—If any 

5 segment of the United States Route 41 

6 corridor described in section 1105(c)(57) 

7 of the Intermodal Surface Transportation 

8 Efficiency Act of 1991 (Public Law 102– 

9 240; 105 Stat. 2032; 119 Stat. 1209), is 

10 designated as a route on the Interstate 

11 System, a vehicle that could operate legally 

12 on the segment before the date of the des13 ignation may continue to operate on the 

14 segment without regard to any require15 ment under subsection (a).’’. 

16 SEC. 127. (a) Not later than 90 days after the date 

17 of enactment of this Act, the Secretary, in consultation 

18 with each relevant State and other applicable Federal 

19 agencies, shall commence a comprehensive truck size and 

20 weight limits study. The study shall— 

21 (1) provide data on accident frequency and fac22 tors related to accident risk of each route of the Na23 tional Highway System in each State that allows a 

24 vehicle to operate with size and weight limits that 
37 

•S 2322 PCS

1 are in excess of the Federal law and regulations and 

2 its correlation to truck size and weight limits; 

3 (2) evaluate the impacts to the infrastructure of 

4 each route of the National Highway System in each 

5 State that allows a vehicle to operate with size and 

6 weight limits that are in excess of the Federal law 

7 and regulations, including— 

8 (A) an analysis that quantifies the cost 

9 and benefits of the impacts in dollars; 

10 (B) an analysis of the percentage of trucks 

11 operating in excess of the Federal size and 

12 weight limits; and 

13 (C) an analysis that examines the ability of 

14 each State to recover the cost for the impacts, 

15 or the benefits incurred; 

16 (3) evaluate the impacts and frequency of viola17 tions in excess of the Federal size and weight law 

18 and regulations to determine the cost of the enforce19 ment of the law and regulations, and the effective20 ness of the enforcement methods; 

21 (4) examine the relationship between truck per22 formance and crash involvement and its correlation 

23 to Federal size and weight limits, including the im24 pacts on crashes; 
38 

•S 2322 PCS

1 (5) assess the impacts that truck size and 

2 weight limits in excess of the Federal law and regu3 lations have in the risk of bridge failure contributing 

4 to the structural deficiencies of bridges or in the 

5 useful life of a bridge, including the impacts result6 ing from the number of bridge loadings; 

7 (6) analyze the impacts on safety and infra8 structure in each State that allows a truck to oper9 ate in excess of Federal size and weight limitations 

10 in truck-only lanes; 

11 (7) compare and contrast the safety and infra12 structure impacts of the Federal limits regarding 

13 truck size and weight limits in relation to— 

14 (A) six-axle and other alternative configu15 rations of tractor-trailers; and 

16 (B) safety records of foreign nations with 

17 truck size and weight limits and tractor-trailer 

18 configurations that differ from the Federal law 

19 and regulations; and 

20 (8) estimate— 

21 (A) the extent to which freight would be 

22 diverted from other surface transportation 

23 modes to principal arterial routes and National 

24 Highway System intermodal connectors if each 

25 covered truck configuration is allowed to oper-
39 

•S 2322 PCS

1 ate and the effect that any such diversion would 

2 have on other modes of transportation; 

3 (B) the effect that any such diversion 

4 would have on public safety, infrastructure, cost 

5 responsibilities, fuel efficiency, and the environ6 ment; 

7 (C) the effect on the transportation net8 work of the United States that allowing each 

9 covered truck configuration to operate would 

10 have; and 

11 (D) whether allowing each covered truck 

12 configuration to operate would result in an in13 crease or decrease in the total number of trucks 

14 operating on principal arterial routes and Na15 tional Highway System intermodal connectors; 

16 and 

17 (9) identify all Federal rules and regulations 

18 impacted by changes in truck size and weight limits. 

19 (b) REPORT.—Not later than 2 years after the date 

20 that the study is commenced under subsection (a), the 

21 Secretary shall submit a final report on the study, includ22 ing all findings and recommendations, to the House and 

23 Senate Committees on Appropriations, the Committee on 

24 Commerce, Science, and Transportation and the Com25 mittee on Environment and Public Works of the Senate 
40 

•S 2322 PCS

1 and the Committee on Transportation and Infrastructure 

2 of the House of Representatives. 

3 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

4 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (LIMITATION ON OBLIGATIONS)

7 (HIGHWAY TRUST FUND)

8 For payment of obligations incurred in the implemen9 tation, execution and administration of motor carrier safe10 ty operations and programs pursuant to section 31104(i) 

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

12 4134 of Public Law 109–59, $247,594,000, to be derived 

13 from the Highway Trust Fund (other than the Mass Tran14 sit Account), together with advances and reimbursements 

15 received by the Federal Motor Carrier Safety Administra16 tion, the sum of which shall remain available until ex17 pended: Provided, That none of the funds derived from 

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

19 the implementation, execution or administration of pro20 grams, the obligations for which are in excess of 

21 $247,594,000, for ‘‘Motor Carrier Safety Operations and 

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

23 obligation until September 30, 2015, is for the research 

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

25 for commercial motor vehicle operator’s grants to carry 
41 

•S 2322 PCS

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

2 That notwithstanding any other provision of law, none of 

3 the funds under this heading for outreach and education 

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

5 Federal Motor Carrier Safety Administration shall trans6 mit to Congress a report by March 29, 2013, on the agen7 cy’s ability to meet its requirement to conduct compliance 

8 reviews on mandatory carriers: Provided further, That the 

9 Federal Motor Carrier Safety Administration shall trans10 mit to Congress a report not later than March 29, 2013 

11 on the implementation of a risk-based vetting methodology 

12 to identify chameleon motor carriers applying for oper13 ating authority that includes timelines and performance 

14 goals for expanding vetting to the freight sector, the modi15 fication of information systems to improve the vetting pro16 gram consistent with the recommendations of GAO Report 

17 12–364, and other relevant information as deemed appro18 priate by the Administrator: Provided further, That the 

19 Federal Motor Carrier Safety Administration shall trans20 mit to Congress a report not later than December 10, 

21 2012 on the enforcement actions the agency has taken 

22 against motor coach operators that failed to comply with 

23 the American with Disability Act during the previous fis24 cal year, including the number of denials or revocations: 

25 Provided further, That the Federal Motor Carrier Safety 
42 

•S 2322 PCS

1 Administration’s obligation limitation shall be reduced by 

2 $100,000 per day for each day any report required under 

3 this heading is past the deadlines specified here. 

4 NATIONAL MOTOR CARRIER SAFETY

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (LIMITATION OF OBLIGATIONS)

7 (HIGHWAY TRUST FUND)

8 For payment of obligations incurred in the implemen9 tation, execution, and administration of national motor 

10 carrier safety programs pursuant to section 31104(i) of 

11 title 49, United States Code, and sections 4127 and 4134 

12 of Public Law 109–59, $16,000,000, to be derived from 

13 the Highway Trust Fund (other than the Mass Transit 

14 Account), together with advances and reimbursements re15 ceived by the Federal Motor Carrier Safety Administra16 tion, the sum of which shall remain available until ex17 pended: Provided, That none of the funds derived from 

18 the Highway Trust Fund under this heading shall be 

19 available for the implementation, execution or administra20 tion of programs, the obligations for which are in excess 

21 of $16,000,000, of which $3,000,000 shall be made avail22 able for the use of border facilities, $1,000,000 shall be 

23 made available for oversight of the Motor Carrier Safety 

24 Assistance Program and $12,000,000 shall be made avail25 able for information technology and data analysis activi-
43 

•S 2322 PCS

1 ties: Provided further, That of the $16,000,000 of unobli2 gated contract authority provided in the Transportation 

3 Equity Act for the 21st Century (Public Law 105–178) 

4 or other appropriation or authorization acts for the na5 tional motor carrier safety program, $3,000,000 shall be 

6 made available for the use of border facilities, $1,000,000 

7 shall be made available for oversight of the Motor Carrier 

8 Safety Assistance Program and $12,000,000 shall be 

9 made available for information technology and data anal10 ysis activities. 

11 MOTOR CARRIER SAFETY GRANTS

12 (LIQUIDATION OF CONTRACT AUTHORIZATION)

13 (LIMITATION ON OBLIGATIONS)

14 (HIGHWAY TRUST FUND)

15 For payment of obligations incurred in carrying out 

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

17 31313 of title 49, United States Code, and sections 4126 

18 and 4128 of Public Law 109–59, $308,624,000, to be de19 rived from the Highway Trust Fund (other than the Mass 

20 Transit Account) and to remain available until expended: 

21 Provided, That none of the funds in this Act shall be avail22 able for the implementation or execution of programs, the 

23 obligations for which are in excess of $308,624,000, for 

24 ‘‘Motor Carrier Safety Grants’’; of which $213,624,000 

25 shall be available for the motor carrier safety assistance 
44 

•S 2322 PCS

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

2 49, United States Code; $30,000,000 shall be available for 

3 the commercial driver’s license improvements program to 

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

5 $32,000,000 shall be available for the border enforcement 

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

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

8 performance and registration information system manage9 ment program to carry out sections 31106(b) and 31109 

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

11 available for the commercial vehicle information systems 

12 and networks deployment program to carry out section 

13 4126 of Public Law 109–59; and $3,000,000 shall be 

14 available for the safety data improvement program to 

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

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

17 carrier safety assistance program, $29,000,000 shall be 

18 available for audits of new entrant motor carriers. 

19 ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER

20 SAFETY ADMINISTRATION

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

22 shall be subject to the terms and conditions stipulated in 

23 section 350 of Public Law 107–87 and section 6901 of 

24 Public Law 110–28. 
45 

•S 2322 PCS

1 SEC. 131. (a) No recipient of funds made available 

2 in this Act shall disseminate personal information (as de3 fined in 18 U.S.C. 2725(3)) obtained by a State depart4 ment of motor vehicles in connection with a motor vehicle 

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

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

7 2721. 

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

9 shall not withhold funds provided in this Act for any 

10 grantee if a State is in noncompliance with this provision. 

11 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

12 OPERATIONS AND RESEARCH

13 For expenses necessary to discharge the functions of 

14 the Secretary, with respect to traffic and highway safety 

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

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

17 States Code, $136,686,000, of which $20,000,000 shall 

18 remain available through September 30, 2014. 

19 OPERATIONS AND RESEARCH

20 (LIQUIDATION OF CONTRACT AUTHORIZATION)

21 (LIMITATION ON OBLIGATIONS)

22 (HIGHWAY TRUST FUND)

23 For payment of obligations incurred in carrying out 

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

25 49, United States Code, $122,360,000, to be derived from 
46 

•S 2322 PCS

1 the Highway Trust Fund (other than the Mass Transit 

2 Account) and to remain available until expended: Pro3 vided, That none of the funds in this Act shall be available 

4 for the planning or execution of programs the total obliga5 tions for which, in fiscal year 2013, are in excess of 

6 $122,360,000, of which $118,360,000 shall be for pro7 grams authorized under 23 U.S.C. 403 and $4,000,000 

8 shall be for the National Driver Register authorized under 

9 and chapter 303 of title 49, United States Code: Provided 

10 further, That within the $118,360,000 obligation limita11 tion for operations and research, $20,000,000 shall re12 main available until September 30, 2014 and shall be in 

13 addition to the amount of any limitation imposed on obli14 gations for future years: Provided further, That 

15 $10,000,000 of the total obligation limitation for oper16 ations and research in fiscal year 2013 shall be derived 

17 from unobligated balances in prior appropriation Acts for 

18 payment of obligations incurred in carrying out the provi19 sions of 23 U.S.C. 403, and chapter 303 of title 49, 

20 United States Code. 
47 

•S 2322 PCS

1 HIGHWAY TRAFFIC SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

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

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

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

9 $550,328,000 to be derived from the Highway Trust Fund 

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

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

12 planning or execution of programs the total obligations for 

13 which, in fiscal year 2013, are in excess of $550,328,000 

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

15 408, and 410 and sections 2001(a)(11), 2009, 2010, and 

16 2011 of Public Law 109–59, of which $235,000,000 shall 

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

18 $25,000,000 shall be for ‘‘Occupant Protection Incentive 

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

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

21 and such obligation limitation shall remain available until 

22 September 30, 2014 in accordance with subsection (f) of 

23 such section 406 and shall be in addition to the amount 

24 of any limitation imposed on obligations for such grants 

25 for future fiscal years, of which up to $40,000,000 may 
48 

•S 2322 PCS

1 be made available by the Secretary as grants to States 

2 that enact and enforce laws to prevent distracted driving; 

3 $34,500,000 shall be for ‘‘State Traffic Safety Informa4 tion System Improvements’’ under 23 U.S.C. 408; 

5 $139,000,000 shall be for ‘‘Alcohol-Impaired Driving 

6 Countermeasures Incentive Grant Program’’ under 23 

7 U.S.C. 410; $25,328,000 shall be for ‘‘Administrative Ex8 penses’’ under section 2001(a)(11) of Public Law 109– 

9 59; $29,000,000 shall be for ‘‘High Visibility Enforcement 

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

11 $7,000,000 shall be for ‘‘Motorcyclist Safety’’ under sec12 tion 2010 of Public Law 109–59; and $7,000,000 shall 

13 be for ‘‘Child Safety and Child Booster Seat Safety Incen14 tive Grants’’ under section 2011 of Public Law 109–59: 

15 Provided further, That of the funds made available for 

16 grants to States that enact and enforce laws to prevent 

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

18 the development, production, and use of broadcast and 

19 print media advertising for distracted driving prevention: 

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

21 for construction, rehabilitation, or remodeling costs, or for 

22 office furnishings and fixtures for State, local or private 

23 buildings or structures: Provided further, That not to ex24 ceed $500,000 of the funds made available for section 410 

25 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ 
49 

•S 2322 PCS

1 shall be available for technical assistance to the States: 

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

3 funds made available for the ‘‘High Visibility Enforcement 

4 Program’’ shall be available for the evaluation required 

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

6 further, That of the amounts made available under this 

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

8 $8,500,000 shall be available for the development of the 

9 Driver Alcohol Detection System for Safety (DADSS) and 

10 other alcohol-impaired prevention measures. 

11 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

12 TRAFFIC SAFETY ADMINISTRATION

13 SEC. 140. Notwithstanding any other provision of law 

14 or limitation on the use of funds made available under 

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

16 $130,000 shall be made available to the National Highway 

17 Traffic Safety Administration, out of the amount limited 

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

19 for travel and related expenses for State management re20 views and to pay for core competency development train21 ing and related expenses for highway safety staff. 

22 SEC. 141. The limitations on obligations for the pro23 grams of the National Highway Traffic Safety Adminis24 tration set in this Act shall not apply to obligations for 

25 which obligation authority was made available in previous 
50 

•S 2322 PCS

1 public laws but only to the extent that the obligation au2 thority has not lapsed or been used. 

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

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

5 FEDERAL RAILROAD ADMINISTRATION

6 SAFETY AND OPERATIONS

7 For necessary expenses of the Federal Railroad Ad8 ministration, not otherwise provided for, $179,000,000, of 

9 which $12,860,000 shall remain available until expended. 

10 RAILROAD RESEARCH AND DEVELOPMENT

11 For necessary expenses for railroad research and de12 velopment, $35,000,000, to remain available until ex13 pended. 

14 RAILROAD REHABILITATION AND IMPROVEMENT

15 FINANCING PROGRAM

16 The Secretary of Transportation is authorized to 

17 issue direct loans and loan guarantees pursuant to sec18 tions 502 through 504 of the Railroad Revitalization and 

19 Regulatory Reform Act of 1976 (Public Law 94–210), as 

20 amended, such authority to exist as long as any such di21 rect loan and loan guarantee is outstanding: Provided, 

22 That pursuant to section 502 of such Act, as amended, 

23 no new direct loans or loan guarantee commitments shall 

24 be made using Federal funds for the credit risk premium 

25 during fiscal year 2013. 
51 

•S 2322 PCS

1 OPERATING SUBSIDY GRANTS TO THE NATIONAL

2 RAILROAD PASSENGER CORPORATION

3 To enable the Secretary of Transportation to make 

4 quarterly grants to the National Railroad Passenger Cor5 poration for the operation of intercity passenger rail, as 

6 authorized by section 101 of the Passenger Rail Invest7 ment and Improvement Act of 2008 (division B of Public 

8 Law 110–432), $400,000,000, to remain available until 

9 expended: Provided, That the amounts available under this 

10 paragraph shall be available for the Secretary to approve 

11 funding to cover operating losses for the Corporation only 

12 after receiving and reviewing a grant request for each spe13 cific train route: Provided further, That each such grant 

14 request shall be accompanied by a detailed financial anal15 ysis, revenue projection, and capital expenditure projection 

16 justifying the Federal support to the Secretary’s satisfac17 tion: Provided further, That not later than 60 days after 

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

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

20 Committees on Appropriations, the House Committee on 

21 Transportation and Infrastructure and the Senate Com22 mittee on Commerce, Science, and Transportation the an23 nual budget and business plan and the 5-Year Financial 

24 Plan for fiscal year 2013 required under section 204 of 

25 the Passenger Rail Investment and Improvement Act of 
52 

•S 2322 PCS

1 2008: Provided further, That the budget, business plan, 

2 and the 5-Year Financial Plan shall also include a sepa3 rate accounting of ridership, revenues, and capital and op4 erating expenses for the Northeast Corridor; commuter 

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

6 service; each intercity train route, including Autotrain; 

7 and commercial activities including contract operations: 

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

9 5-Year Financial Plan shall include a description of work 

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

11 timetable for completion of the projects covered by these 

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

13 and the 5-Year Financial Plan shall include annual infor14 mation on the maintenance, refurbishment, replacement, 

15 and expansion for all Amtrak rolling stock consistent with 

16 the comprehensive fleet plan: Provided further, That the 

17 Corporation shall provide semiannual reports in electronic 

18 format regarding the pending business plan, which shall 

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

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

21 identify all sole-source contract awards which shall be ac22 companied by a justification as to why said contract was 

23 awarded on a sole-source basis, as well as progress against 

24 the milestones and target dates of the 2012 performance 

25 improvement plan: Provided further, That the Corpora-
53 

•S 2322 PCS

1 tion’s budget, business plan, 5-Year Financial Plan, semi2 annual reports, and all subsequent supplemental plans 

3 shall be displayed on the Corporation’s Web site within 

4 a reasonable timeframe following their submission to the 

5 appropriate entities: Provided further, That these plans 

6 shall be accompanied by a comprehensive fleet plan for 

7 all Amtrak rolling stock which shall address the Corpora8 tion’s detailed plans and timeframes for the maintenance, 

9 refurbishment, replacement, and expansion of the Amtrak 

10 fleet: Provided further, That said fleet plan shall establish 

11 year-specific goals and milestones and discuss potential, 

12 current, and preferred financing options for all such activi13 ties: Provided further, That none of the funds under this 

14 heading may be obligated or expended until the Corpora15 tion agrees to continue abiding by the provisions of para16 graphs 1, 2, 5, 9, and 11 of the summary of conditions 

17 for the direct loan agreement of June 28, 2002, in the 

18 same manner as in effect on the date of enactment of this 

19 Act: Provided further, That the Corporation shall submit 

20 to the House and Senate Committees on Appropriations 

21 a budget request for fiscal year 2014 in similar format 

22 and substance to those submitted by executive agencies 

23 of the Federal Government. 
54 

•S 2322 PCS

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 $1,050,000,000, 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 half of 1 percent of the funds provided under this heading 

17 to fund the costs of project management oversight of cap18 ital projects funded by grants provided under this heading, 

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

20 Law 110–432: Provided further, That the Secretary shall 

21 approve funding for capital expenditures, including ad22 vance purchase orders of materials, for the Corporation 

23 only after receiving and reviewing a grant request for each 

24 specific capital project justifying the Federal support to 

25 the Secretary’s satisfaction: Provided further, That none 
55 

•S 2322 PCS

1 of the funds under this heading may be used to subsidize 

2 operating losses of the Corporation: Provided further, That 

3 none of the funds under this heading may be used for cap4 ital projects not approved by the Secretary of Transpor5 tation or in the Corporation’s fiscal year 2013 business 

6 plan: Provided further, That in addition to the project 

7 management oversight funds authorized under section 

8 101(d) of division B of Public Law 110–432, the Sec9 retary may retain up to an additional one-half of one per10 cent of the funds provided under this heading to fund ex11 penses associated with implementing section 212 of divi12 sion B of Public Law 110–432, including the amendments 

13 made by section 212 to section 24905 of title 49, United 

14 States Code. 

15 CAPITAL ASSISTANCE FOR HIGH PERFORMANCE

16 PASSENGER RAIL SERVICE

17 To enable the Secretary of Transportation to make 

18 grants for projects that solely improve existing passenger 

19 rail corridor services as authorized under sections 26106, 

20 24406, and 24105 of title 49, United States Code, 

21 $100,000,000, to remain available until expended: Pro22 vided, That up to $20,000,000 of the funds provided 

23 under this paragraph may be used for planning activities 

24 that lead directly to the development of a passenger rail 

25 corridor investment plan consistent with the requirements 
56 

•S 2322 PCS

1 established by the Administrator or a state rail plan con2 sistent with chapter 227 of title 49, United States Code: 

3 Provided further, That the Secretary may retain a portion 

4 of the funds made available for planning activities under 

5 the previous proviso to facilitate the preparation of a serv6 ice development plan and related environmental impact 

7 statement for high performance rail corridors located in 

8 multiple States: Provided further, That the Secretary shall 

9 issue a notice of funding availability that shall provide in10 terim guidance to applicants covering application proce11 dures and administer the grants provided under this head12 ing pursuant to that guidance: Provided further, That the 

13 Federal share payable of the costs for which a grant or 

14 cooperative agreements is made under this heading shall 

15 not exceed 80 percent: Provided further, That in addition 

16 to the provisions of title 49, United States Code, that 

17 apply to each of the individual programs funded under this 

18 heading, subsections 24402(f), 24402(i), and 24403(a), 

19 (b), and (c) of title 49, United States Code, shall also 

20 apply to the provision of funds provided under this head21 ing: Provided further, That a project need not be in a State 

22 rail plan developed under Chapter 227 of title 49, United 

23 States Code, to be eligible for assistance under this head24 ing: Provided further, That up to 2 percent of the funds 

25 provided under this paragraph are available to the Admin-
57 

•S 2322 PCS

1 istrator of the Federal Railroad Administration to fund 

2 the award and oversight by the Administrator of grants 

3 and cooperative agreements for intercity and high per4 formance rail: Provided further, That recipients of grants 

5 under this paragraph shall conduct all procurement trans6 actions using such grant funds in a manner that provides 

7 full and open competition, as determined by the Secretary, 

8 in compliance with existing labor agreements. 

9 NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

10 (RESCISSION)

11 Of the funds made available for the Northeast Cor12 ridor Improvement Program, as authorized by Public Law 

13 94–210, $4,419,000 are hereby permanently rescinded. 

14 NEXT GENERATION HIGH SPEED RAIL

15 (RESCISSION)

16 Of the funds made available for Next Generation 

17 High Speed Rail, as authorized by sections 1103 and 7201 

18 of Public Law 105–178, $1,973,000 are hereby perma19 nently rescinded. 

20 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

21 ADMINISTRATION

22 SEC. 150. Hereafter, notwithstanding any other pro23 vision of law, funds provided in this Act for the National 

24 Railroad Passenger Corporation shall immediately cease 

25 to be available to said Corporation in the event that the 
58 

•S 2322 PCS

1 Corporation contracts to have services provided at or from 

2 any location outside the United States. For purposes of 

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

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

5 or part-time Amtrak employee whose base of employment 

6 is located within the United States. 

7 SEC. 151. The Secretary of Transportation may re8 ceive and expend cash, or receive and utilize spare parts 

9 and similar items, from non-United States Government 

10 sources to repair damages to or replace United States 

11 Government owned automated track inspection cars and 

12 equipment as a result of third-party liability for such dam13 ages, and any amounts collected under this section shall 

14 be credited directly to the Railroad Safety and Operations 

15 account of the Federal Railroad Administration, and shall 

16 remain available until expended for the repair, operation 

17 and maintenance of automated track inspection cars and 

18 equipment in connection with the automated track inspec19 tion program. 

20 SEC. 152. Notwithstanding any other provisions of 

21 law, rule or regulation, the Secretary of Transportation 

22 is authorized to allow the issuer of any preferred stock 

23 heretofore sold to the Department to redeem or repur24 chase such stock upon the payment to the Department of 

25 an amount determined by the Secretary. 
59 

•S 2322 PCS

1 SEC. 153. None of the funds provided to the National 

2 Railroad Passenger Corporation may be used to fund any 

3 overtime costs in excess of $35,000 for any individual em4 ployee: Provided, That the president of Amtrak may waive 

5 the cap set in the previous proviso for specific employees 

6 when the president of Amtrak determines such a cap poses 

7 a risk to the safety and operational efficiency of the sys8 tem: Provided further, That Amtrak shall notify House 

9 and Senate Committees in Appropriations in the monthly 

10 report within 30 days of waiving such cap and delineate 

11 the reasons for such waiver. 

12 FEDERAL TRANSIT ADMINISTRATION

13 ADMINISTRATIVE EXPENSES

14 For necessary administrative expenses of the Federal 

15 Transit Administration’s programs authorized by chapter 

16 53 of title 49, United States Code, $99,875,000: Provided, 

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

18 may be used to create a permanent office of transit secu19 rity under this heading: Provided further, That upon sub20 mission to the Congress of the fiscal year 2014 President’s 

21 budget, the Secretary of Transportation shall transmit to 

22 Congress the annual report on New Starts, including pro23 posed allocations of funds for fiscal year 2014. 
60 

•S 2322 PCS

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 2013. 

17 RESEARCH AND UNIVERSITY RESEARCH CENTERS

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

19 5312–5315, 5322, and 5506, $50,000,000, to remain 

20 available until expended: Provided, That $5,000,000 is 

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

23 $3,000,000 is available for the National Transit Institute 

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

25 up to $5,000,000 is available for university transportation 
61 

•S 2322 PCS

1 centers program under section 5506 of title 49, United 

2 States Code: Provided further, That $20,000,000 is avail3 able to carry out innovative research and demonstrations 

4 of national significance under section 5312 of title 49, 

5 United States Code. 

6 CAPITAL INVESTMENT GRANTS

7 For necessary expenses to carry out section 5309 of 

8 title 49, United States Code, $2,043,520,000, to remain 

9 available until expended, of which $20,000,000 shall be 

10 available to carry out section 5309(e) of such title: Pro11 vided, That not less than $120,000,000 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 2013: 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. 

18 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

19 For grants to the Washington Metropolitan Area 

20 Transit Authority as authorized under section 601 of divi21 sion B of Public Law 110–432, $150,000,000, to remain 

22 available until expended: Provided, That the Secretary 

23 shall approve grants for capital and preventive mainte24 nance expenditures for the Washington Metropolitan Area 

25 Transit Authority only after receiving and reviewing a re-
62 

•S 2322 PCS

1 quest for each specific project: Provided further, That 

2 prior to approving such grants, the Secretary shall deter3 mine that the Washington Metropolitan Area Transit Au4 thority has placed the highest priority on those invest5 ments that will improve the safety of the system. 

6 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

7 ADMINISTRATION

8 SEC. 160. The limitations on obligations for the pro9 grams of the Federal Transit Administration shall not 

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

11 made available for obligation, or to any other authority 

12 previously made available for obligation. 

13 SEC. 161. Notwithstanding any other provision of 

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

15 Federal Transit Administration’s discretionary program 

16 appropriations headings for projects specified in this Act 

17 or identified in reports accompanying this Act not obli18 gated by September 30, 2015, and other recoveries, shall 

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

20 purposes for which they were originally provided. 

21 SEC. 162. Notwithstanding any other provision of 

22 law, any funds appropriated before October 1, 2012, under 

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

24 that remain available for expenditure, may be transferred 
63 

•S 2322 PCS

1 to and administered under the most recent appropriation 

2 heading for any such section. 

3 SEC. 163. Notwithstanding any other provision of 

4 law, unobligated funds made available for new fixed guide5 way system projects under the heading ‘‘Federal Transit 

6 Administration, Capital Investment Grants’’ in any appro7 priations Act prior to this Act may be used during this 

8 fiscal year to satisfy expenses incurred for such projects. 

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

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

11 the Secretary may use, for program management activities 

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

13 made available to carry out section 5316 of title 49, 

14 United States Code: Provided, That funds made available 

15 for program management oversight shall be used to over16 see the compliance of a recipient or subrecipient of Fed17 eral transit assistance consistent with activities identified 

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

19 SEC. 165. Funds made available for Alaska or Hawaii 

20 ferry boats or ferry terminal facilities pursuant to 49 

21 U.S.C. 5309(m)(6)(B) may be used to construct new ves22 sels and facilities, or to improve existing vessels and facili23 ties, including both the passenger and vehicle-related ele24 ments of such vessels and facilities, and for repair facili25 ties. 
64 

•S 2322 PCS

1 SEC. 166. Hereafter, the Secretary may not enforce 

2 regulations related to charter bus service under part 604 

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

4 agency who during fiscal year 2008 was both initially 

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

6 604, and then was subsequently granted an exception from 

7 said part. 

8 SEC. 167. For purposes of applying the project jus9 tification and local financial commitment criteria of 49 

10 U.S.C. 5309(d) to a New Starts project, the Secretary 

11 may consider the costs and ridership of any connected 

12 project in an instance in which private parties are making 

13 significant financial contributions to the construction of 

14 the connected project; additionally, the Secretary may con15 sider the significant financial contributions of private par16 ties to the connected project in calculating the non-Federal 

17 share of net capital project costs for the New Starts 

18 project. 

19 SEC. 168. All bus new fixed guideway capital projects 

20 recommended in the President’s fiscal year 2013 budget 

21 request for funds appropriated under the Capital Invest22 ment Grants heading in this Act or any other Act shall 

23 be funded instead from amounts allocated under 49 

24 U.S.C. 5309(m)(2)(C): Provided, That all such projects 
65 

•S 2322 PCS

1 shall remain subject to the appropriate requirements of 

2 49 U.S.C. 5309(d) and (e). 

3 (RESCISSIONS)

4 SEC. 169. Of the funds made available for the For5 mula Grants program, as authorized by Public Law 97– 

6 424, as amended, $70,867,394 are hereby permanently re7 scinded: Provided, That of the funds made available for 

8 the Formula Grants program, as authorized by Public 

9 Law 91–43, as amended, $699,307 are hereby perma10 nently rescinded: Provided further, That of the funds made 

11 available for the Formula Grants program as authorized 

12 by Public Law 95–599, as amended, $928,838 are hereby 

13 permanently rescinded: Provided further, That of the 

14 funds made available for the University Transportation 

15 Research program, as authorized by Public Law 91–453, 

16 as amended, and by Public Law 102–240, as amended, 

17 $292,554 are hereby permanently rescinded: Provided fur18 ther, That of the funds made available for the Job Access 

19 and Reverse Commute program, as authorized by Public 

20 Law 105–178, as amended, $14,661,719 are hereby per21 manently rescinded: Provided further, That of the funds 

22 made available for the Capital Investment Grants pro23 gram, as authorized by Public Law 105–178, as amended, 

24 $11,429,055 are hereby permanently rescinded: Provided 

25 further, That of the funds made available for the Research, 
66 

•S 2322 PCS

1 Training, and Human Resources program, as authorized 

2 by Public Law 95–599, as amended, $247,579 are hereby 

3 permanently rescinded: Provided further, That of the 

4 funds made available for the Interstate Transfer Grants 

5 program, as authorized by 23 U.S.C. 103(e)(4), 

6 $2,661,568 are hereby permanently rescinded: Provided 

7 further, That of the funds made available for the Wash8 ington Metropolitan Area Transit Authority, as authorized 

9 by section 14 of Public Law 96–184, as amended, and 

10 by Public Law 101–551, as amended, $523,000 are here11 by permanently rescinded: Provided further, That of the 

12 funds made available for the Urban Discretionary Grants 

13 program, as authorized by Public Law 88–365, as amend14 ed, $578,353 are hereby permanently rescinded: Provided 

15 further, That no amounts may be rescinded from amounts 

16 that were designated by the Congress as an emergency re17 quirement pursuant to a concurrent resolution on the 

18 budget or the Balanced Budget and Emergency Deficit 

19 Control Act of 1985, as amended. 

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 
67 

•S 2322 PCS

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 $32,500,000, 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, $184,000,000, to remain avail19 able until expended. 

20 OPERATIONS AND TRAINING

21 For necessary expenses of operations and training ac22 tivities authorized by law, $150,896,000, of which 

23 $11,100,000 shall remain available until expended for 

24 maintenance and repair of training ships at State Mari25 time Academies, and of which $2,400,000 shall remain 
68 

•S 2322 PCS

1 available through September 30, 2014 for Student Incen2 tive Program payments at State Maritime Academies, and 

3 of which $16,604,000 shall remain available until ex4 pended for facilities maintenance and repair, equipment, 

5 and capital improvements at the United State Merchant 

6 Marine Academy: Provided, That amounts apportioned for 

7 the United States Merchant Marine Academy shall be 

8 available only upon allotments made personally by the Sec9 retary of Transportation or the Assistant Secretary for 

10 Budget and Programs: Provided further, That the Super11 intendent, Deputy Superintendent and the Director of the 

12 Office of Resource Management of the United State Mer13 chant Marine Academy may not be allotment holders for 

14 the United States Merchant Marine Academy, and the Ad15 ministrator of the Maritime Administration shall hold all 

16 allotments made by the Secretary of Transportation or the 

17 Assistant Secretary for Budget and Programs under the 

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

19 funding made available for the United States Merchant 

20 Marine Academy under this heading shall be available only 

21 after the Secretary, in consultation with the Super22 intendent and the Maritime Administrator, completes a 

23 plan detailing by program or activity how such funding 

24 will be expended at the Academy, and this plan is sub-
69 

•S 2322 PCS

1 mitted to the House and Senate Committees on Appro2 priations. 

3 SHIP DISPOSAL

4 For necessary expenses related to the disposal of ob5 solete vessels in the National Defense Reserve Fleet of the 

6 Maritime Administration, $4,000,000, to remain available 

7 until expended. 

8 ASSISTANCE TO SMALL SHIPYARDS

9 To make grants to qualified shipyards as authorized 

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

11 54101 of title 46, United States Code, $9,000,000, to re12 main available until expended: Provided, That to be con13 sidered for assistance, a qualified shipyard shall submit 

14 an application for assistance no later than 60 days after 

15 enactment of this Act: Provided further, That from appli16 cations submitted under the previous proviso, the Sec17 retary of Transportation shall make grants no later than 

18 120 days after enactment of this Act in such amounts as 

19 the Secretary determines. 

20 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

21 ACCOUNT

22 (INCLUDING TRANSFER OF FUNDS)

23 For the cost of guaranteed loans, as authorized, 

24 $38,750,000, of which $35,000,000 shall remain available 

25 until expended: Provided, That such costs, including the 
70 

•S 2322 PCS

1 cost of modifying such loans, shall be as defined in section 

2 502 of the Congressional Budget Act of 1974, as amend3 ed: Provided further, That not to exceed $3,750,000 shall 

4 be available for administrative expenses to carry out the 

5 guaranteed loan program, which shall be transferred to 

6 and merged with the appropriations for ‘‘Operations and 

7 Training’’, Maritime Administration. 

8 ADMINISTRATIVE PROVISIONS—MARITIME

9 ADMINISTRATION

10 SEC. 170. Notwithstanding any other provision of 

11 this Act, the Maritime Administration is authorized to fur12 nish utilities and services and make necessary repairs in 

13 connection with any lease, contract, or occupancy involving 

14 Government property under control of the Maritime Ad15 ministration, and payments received therefor shall be cred16 ited to the appropriation charged with the cost thereof: 

17 Provided, That rental payments under any such lease, con18 tract, or occupancy for items other than such utilities, 

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

20 miscellaneous receipts. 
71 

•S 2322 PCS

1 PIPELINE AND HAZARDOUS MATERIALS SAFETY

2 ADMINISTRATION

3 OPERATIONAL EXPENSES

4 (PIPELINE SAFETY FUND)

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary operational expenses of the Pipeline 

7 and Hazardous Materials Safety Administration, 

8 $21,047,000, of which $639,000 shall be derived from the 

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

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

11 Safety Information Grants to Communities’’ as authorized 

12 under section 60130 of title 49, United States Code. 

13 HAZARDOUS MATERIALS SAFETY

14 For expenses necessary to discharge the hazardous 

15 materials safety functions of the Pipeline and Hazardous 

16 Materials Safety Administration, $43,025,000, of which 

17 $1,725,000 shall remain available until September 30, 

18 2015: Provided, That up to $800,000 in fees collected 

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

20 fund of the Treasury as offsetting receipts: Provided fur21 ther, That there may be credited to this appropriation, to 

22 be available until expended, funds received from States, 

23 counties, municipalities, other public authorities, and pri24 vate sources for expenses incurred for training, for reports 

25 publication and dissemination, and for travel incurred in 
72 

•S 2322 PCS

1 performance of hazardous materials exemptions and ap2 provals functions. 

3 PIPELINE SAFETY

4 (PIPELINE SAFETY FUND)

5 (OIL SPILL LIABILITY TRUST FUND)

6 (PIPELINE SAFETY DESIGN REVIEW FUND)

7 For expenses necessary to conduct the functions of 

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

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

10 60107, and to discharge the pipeline program responsibil11 ities of the Oil Pollution Act of 1990, $131,844,000, of 

12 which $18,573,000 shall be derived from the Oil Spill Li13 ability Trust Fund and shall remain available until Sep14 tember 30, 2015; of which $111,271,000 shall be derived 

15 from the Pipeline Safety Fund, of which $72,458,000 

16 shall remain available until September 30, 2015; and of 

17 which $2,000,000, to remain available until expended, 

18 shall be derived as authorized by the Pipeline Safety, Reg19 ulatory Certainty, and Job Creation Act of 2011, 49 

20 U.S.C. 60117(n). 

21 EMERGENCY PREPAREDNESS GRANTS

22 (EMERGENCY PREPAREDNESS FUND)

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

24 5128(b), $188,000, to be derived from the Emergency 

25 Preparedness Fund, to remain available until September 
73 

•S 2322 PCS

1 30, 2014: Provided, That not more than $28,318,000 shall 

2 be made available for obligation in fiscal year 2013 from 

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

4 5128(b)–(c): Provided further, That none of the funds 

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

6 shall be made available for obligation by individuals other 

7 than the Secretary of Transportation, or his designee: Pro8 vided further, That unobligated balances of funds provided 

9 under this paragraph not needed for fiscal year 2013 from 

10 the sum made available herein shall remain available until 

11 expended to invest in the data management and informa12 tion technology modernization efforts, including related 

13 equipment and non-payroll administrative expenses associ14 ated solely with this information technology and tele15 communications infrastructure. 

16 ADMINISTRATIVE PROVISION—PIPELINE AND HAZARDOUS

17 MATERIALS SAFETY ADMINISTRATION

18 SEC. 180. In administering the assessment and col19 lection of fees for Cost Recovery for Design Reviews au20 thorized in section 60117(n)(1)(B) of title 49, the defini21 tion of ‘‘project’’ shall include all costs associated with all 

22 components, segments or phases of such project: Provided, 

23 That if the cost recovery for hazardous liquid pipeline 

24 projects is based on the project costs provided to the Fed25 eral Energy Regulatory Commission or other applicable 
74 

•S 2322 PCS

1 regulatory agency for determinations of transportation 

2 tariffs, no good faith estimate under section 

3 60117(n)(1)(B)(i)(II) is required. 

4 OFFICE OF INSPECTOR GENERAL

5 SALARIES AND EXPENSES

6 For necessary expenses of the Office of Inspector 

7 General to carry out the provisions of the Inspector Gen8 eral Act of 1978, as amended, $84,499,000: Provided, 

9 That the Inspector General shall have all necessary au10 thority, in carrying out the duties specified in the Inspec11 tor General Act, as amended (5 U.S.C. App. 3), to inves12 tigate allegations of fraud, including false statements to 

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

14 that is subject to regulation by the Department: Provided 

15 further, That the funds made available under this heading 

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

17 title 49, United States Code: (1) unfair or deceptive prac18 tices and unfair methods of competition by domestic and 

19 foreign air carriers and ticket agents; and (2) the compli20 ance of domestic and foreign air carriers with respect to 

21 item (1) of this proviso: Provided further, That hereafter 

22 funds transferred to the Office of the Inspector General 

23 through forfeiture proceedings or from the Department of 

24 Justice Assets Forfeiture Fund or the Department of the 

25 Treasury Forfeiture Fund, as a participating agency, as 
75 

•S 2322 PCS

1 an equitable share from the forfeiture of property in inves2 tigations in which the Office of Inspector General partici3 pates, or through the granting of a Petition for Remission 

4 or Mitigation, shall be deposited to the credit of this ac5 count for law enforcement activities authorized under the 

6 Inspector General Act of 1978, as amended, to remain 

7 available until expended. 

8 SURFACE TRANSPORTATION BOARD

9 SALARIES AND EXPENSES

10 For necessary expenses of the Surface Transpor11 tation Board, including services authorized by 5 U.S.C. 

12 3109, $29,300,000: Provided, That notwithstanding any 

13 other provision of law, not to exceed $1,250,000 from fees 

14 established by the Chairman of the Surface Transpor15 tation Board shall be credited to this appropriation as off16 setting collections and used for necessary and authorized 

17 expenses under this heading: Provided further, That the 

18 sum herein appropriated from the general fund shall be 

19 reduced on a dollar-for-dollar basis as such offsetting col20 lections are received during fiscal year 2013, to result in 

21 a final appropriation from the general fund estimated at 

22 no more than $28,050,000. 
76 

•S 2322 PCS

1 GENERAL PROVISIONS—DEPARTMENT OF

2 TRANSPORTATION

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

4 appropriations to the Department of Transportation shall 

5 be available for maintenance and operation of aircraft; 

6 hire of passenger motor vehicles and aircraft; purchase of 

7 liability insurance for motor vehicles operating in foreign 

8 countries on official department business; and uniforms or 

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

10 5902). 

11 SEC. 191. Appropriations contained in this Act for 

12 the Department of Transportation shall be available for 

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

14 individuals not to exceed the per diem rate equivalent to 

15 the rate for an Executive Level IV. 

16 SEC. 192. None of the funds in this Act shall be avail17 able for salaries and expenses of more than 110 political 

18 and Presidential appointees in the Department of Trans19 portation: Provided, That none of the personnel covered 

20 by this provision may be assigned on temporary detail out21 side the Department of Transportation. 

22 SEC. 193. Funds received by the Federal Highway 

23 Administration, Federal Transit Administration, and Fed24 eral Railroad Administration from States, counties, mu25 nicipalities, other public authorities, and private sources 
77 

•S 2322 PCS

1 for expenses incurred for training may be credited respec2 tively to the Federal Highway Administration’s ‘‘Federal3 Aid Highways’’ account, the Federal Transit Administra4 tion’s ‘‘Research and University Research Centers’’ ac5 count, and to the Federal Railroad Administration’s 

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

7 safety inspectors participating in training pursuant to 49 

8 U.S.C. 20105. 

9 SEC. 194. None of the funds in this Act to the De10 partment of Transportation may be used to make a grant 

11 unless the Secretary of Transportation notifies the House 

12 and Senate Committees on Appropriations not less than 

13 3 full business days before any project competitively se14 lected to receive a discretionary grant award, any discre15 tionary grant award, letter of intent, or full funding grant 

16 agreement totaling $1,000,000 or more is announced by 

17 the department or its modal administrations from: 

18 (1) any discretionary grant program of the Fed19 eral Highway Administration including the emer20 gency relief program; 

21 (2) the airport improvement program of the 

22 Federal Aviation Administration; 

23 (3) any program of the Federal Railroad Ad24 ministration; 
78 

•S 2322 PCS

1 (4) any program of the Federal Transit Admin2 istration other than the formula grants and fixed 

3 guideway modernization programs; or 

4 (5) any funding provided under the headings 

5 ‘‘National Infrastructure Investments’’ and ‘‘Assist6 ance to Small Shipyards’’ in this Act: Provided, 

7 That the Secretary gives concurrent notification to 

8 the House and Senate Committees on Appropria9 tions for any ‘‘quick release’’ of funds from the 

10 emergency relief program: Provided further, That no 

11 notification shall involve funds that are not available 

12 for obligation. 

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

14 minor fees and other funds received by the Department 

15 of Transportation from travel management centers, 

16 charge card programs, the subleasing of building space, 

17 and miscellaneous sources are to be credited to appropria18 tions of the Department of Transportation and allocated 

19 to elements of the Department of Transportation using 

20 fair and equitable criteria and such funds shall be avail21 able until expended. 

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

23 other Act that the Secretary determines represent im24 proper payments by the Department of Transportation to 

25 a third-party contractor under a financial assistance 
79 

•S 2322 PCS

1 award, which are recovered pursuant to law, shall be avail2 able— 

3 (1) to reimburse the actual expenses incurred 

4 by the Department of Transportation in recovering 

5 improper payments; and 

6 (2) to pay contractors for services provided in 

7 recovering improper payments or contractor support 

8 in the implementation of the Improper Payments In9 formation Act of 2002: Provided, That amounts in 

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

11 (A) shall be credited to and merged with 

12 the appropriation from which the improper pay13 ments were made, and shall be available for the 

14 purposes and period for which such appropria15 tions are available; or 

16 (B) if no such appropriation remains avail17 able, shall be deposited in the Treasury as mis18 cellaneous receipts: Provided further, That prior 

19 to the transfer of any such recovery to an ap20 propriations account, the Secretary shall notify 

21 to the House and Senate Committees on Appro22 priations of the amount and reasons for such 

23 transfer: Provided further, That for purposes of 

24 this section, the term ‘‘improper payments’’, 
80 

•S 2322 PCS

1 has the same meaning as that provided in sec2 tion 2(d)(2) of Public Law 107–300. 

3 SEC. 197. Notwithstanding any other provision of 

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

5 subject to a reprogramming action that requires notice to 

6 be provided to the House and Senate Committees on Ap7 propriations, said reprogramming action shall be approved 

8 or denied solely by the Committees on Appropriations: 

9 Provided, That the Secretary may provide notice to other 

10 congressional committees of the action of the Committees 

11 on Appropriations on such reprogramming but not sooner 

12 than 30 days following the date on which the reprogram13 ming action has been approved or denied by the House 

14 and Senate Committees on Appropriations. 

15 SEC. 198. None of the funds appropriated or other16 wise made available under this Act may be used by the 

17 Surface Transportation Board of the Department of 

18 Transportation to charge or collect any filing fee for rate 

19 or practice complaints filed with the Board in an amount 

20 in excess of the amount authorized for district court civil 

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

22 States Code. 

23 This title may be cited as the ‘‘Department of Trans24 portation Appropriations Act, 2013’’. 
81 

•S 2322 PCS

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, $527,690,000, of which 

9 not to exceed $3,623,000 shall be available for the imme10 diate Office of the Secretary; not to exceed $1,206,000 

11 shall be for the Office of Deputy Secretary and Chief Op12 erating Officer; not to exceed $1,711,000 shall be available 

13 for the Office of Hearings and Appeals; not to exceed 

14 $705,000 shall be available for the Office of Small and 

15 Disadvantaged Business Utilization; not to exceed 

16 $48,321,000 shall be available for the Office of the Chief 

17 Financial Officer; not to exceed $94,433,000 shall be 

18 available for the Office of the General Counsel; not to ex19 ceed $2,411,000 shall be available to the Office of Con20 gressional and Intergovernmental Relations; not to exceed 

21 $3,502,000 shall be available for the Office of Public Af22 fairs; not to exceed $248,950,000 shall be available for 

23 the Office of the Chief Human Capital Officer; not to ex24 ceed $54,965,000 shall be available for the Office of Field 

25 Policy and Management; not to exceed $16,563,000 shall 
82 

•S 2322 PCS

1 be available for the Office of the Chief Procurement Offi2 cer; not to exceed $3,500,000 shall be available for the 

3 Office of Departmental Equal Employment Opportunity; 

4 not to exceed $1,404,000 shall be available for the Center 

5 for Faith-Based and Community Initiatives; not to exceed 

6 $2,642,000 shall be available for the Office of Sustainable 

7 Housing and Communities; not to exceed $4,884,000 shall 

8 be available for the Office of Strategic Planning and Man9 agement; and not to exceed $38,870,000 shall be available 

10 for the Office of the Chief Information Officer: Provided, 

11 That funds provided under this heading may be used for 

12 necessary administrative and nonadministrative expenses 

13 of the Department of Housing and Urban Development, 

14 not otherwise provided for, including purchase of uni15 forms, or allowances therefore, as authorized by 5 U.S.C. 

16 5901–5902; hire of passenger motor vehicles; services as 

17 authorized by 5 U.S.C. 3109: Provided further, That not18 withstanding any other provision of law, funds appro19 priated under this heading may be used for advertising 

20 and promotional activities that support the housing mis21 sion area: Provided further, That the Secretary shall pro22 vide the Committees on Appropriations quarterly written 

23 notification regarding the status of pending congressional 

24 reports: Provided further, That the Secretary shall provide 

25 all signed reports required by Congress electronically: Pro-
83 

•S 2322 PCS

1 vided further, That not to exceed $25,000 of the amount 

2 made available under this paragraph for the immediate 

3 Office of the Secretary shall be available for official recep4 tion and representation expenses as the Secretary may de5 termine. 

6 PROGRAM OFFICE SALARIES AND EXPENSES

7 PUBLIC AND INDIAN HOUSING

8 For necessary salaries and expenses of the Office of 

9 Public and Indian Housing, $206,500,000. 

10 COMMUNITY PLANNING AND DEVELOPMENT

11 For necessary salaries and expenses of the Office of 

12 Community Planning and Development mission area, 

13 $103,500,000. 

14 HOUSING

15 For necessary salaries and expenses of the Office of 

16 Housing, $398,500,000, of which at least $8,500,000 shall 

17 be for the Office of Risk and Regulatory Affairs. 

18 POLICY DEVELOPMENT AND RESEARCH

19 For necessary salaries and expenses of the Office of 

20 Policy Development and Research, $22,326,000. 

21 FAIR HOUSING AND EQUAL OPPORTUNITY

22 For necessary salaries and expenses of the Office of 

23 Fair Housing and Equal Opportunity, $72,904,000. 
84 

•S 2322 PCS

1 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

2 CONTROL

3 For necessary salaries and expenses of the Office of 

4 Healthy Homes and Lead Hazard Control, $7,433,000. 

5 PUBLIC AND INDIAN HOUSING

6 TENANT-BASED RENTAL ASSISTANCE

7 For activities and assistance for the provision of ten8 ant-based rental assistance authorized under the United 

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

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

11 $15,396,335,000, to remain available until expended, shall 

12 be available on October 1, 2012 (in addition to the 

13 $4,000,000,000 previously appropriated under this head14 ing that will become available on October 1, 2012), and 

15 $4,000,000,000, to remain available until expended, shall 

16 be available on October 1, 2013: Provided, That of the 

17 amounts made available under this heading are provided 

18 as follows: 

19 (1) $17,495,000,000 shall be available for re20 newals of expiring section 8 tenant-based annual 

21 contributions contracts (including renewals of en22 hanced vouchers under any provision of law author23 izing such assistance under section 8(t) of the Act) 

24 and including renewal of other special purpose incre25 mental vouchers: Provided, That notwithstanding 
85 

•S 2322 PCS

1 any other provision of law, from amounts provided 

2 under this paragraph and any carryover, the Sec3 retary for the calendar year 2013 funding cycle shall 

4 provide renewal funding for each public housing 

5 agency based on validated voucher management sys6 tem (VMS) leasing and cost data for the prior cal7 endar year and by applying an inflation factor as es8 tablished by the Secretary, by notice published in 

9 the Federal Register, and by making any necessary 

10 adjustments for the costs associated with the first11 time renewal of vouchers under this paragraph in12 cluding tenant protection and HOPE VI vouchers: 

13 Provided further, That none of the funds provided 

14 under this paragraph may be used to fund a total 

15 number of unit months under lease which exceeds a 

16 public housing agency’s authorized level of units 

17 under contract, except for public housing agencies 

18 participating in the Moving to Work (MTW) dem19 onstration, which are instead governed by the terms 

20 and conditions of their MTW agreements: Provided 

21 further, That the Secretary shall, to the extent nec22 essary to stay within the amount specified under this 

23 paragraph, pro rate each public housing agency’s al24 location otherwise established pursuant to this para25 graph: Provided further, That except as provided in 
86 

•S 2322 PCS

1 the following provisos, the entire amount specified 

2 under this paragraph shall be obligated to the public 

3 housing agencies based on the allocation and pro 

4 rata method described above, and the Secretary shall 

5 notify public housing agencies of their annual budget 

6 by the latter of 60 days after enactment of this Act 

7 or March 1, 2013: Provided further, That the Sec8 retary may extend the 60-day notification period 

9 with the prior written approval of the House and 

10 Senate Committees on Appropriations: Provided fur11 ther, That public housing agencies participating in 

12 the MTW demonstration shall be funded pursuant to 

13 their MTW agreements and shall be subject to the 

14 same pro rata adjustments under the previous pro15 visos: Provided further, That up to $75,000,000 

16 shall be available only: (1) for adjustments in the al17 locations for public housing agencies, after applica18 tion for an adjustment by a public housing agency 

19 that experienced a significant increase, as deter20 mined by the Secretary, in renewal costs of vouchers 

21 resulting from unforeseen circumstances or from 

22 portability under section 8(r) of the Act; (2) for 

23 vouchers that were not in use during the 12-month 

24 period in order to be available to meet a commit25 ment pursuant to section 8(o)(13) of the Act; and 
87 

•S 2322 PCS

1 (3) for adjustments for costs associated with HUD2 Veterans Affairs Supportive Housing (HUD–VASH) 

3 vouchers; 

4 (2) $80,000,000 shall be for section 8 rental as5 sistance for relocation and replacement of housing 

6 units that are demolished or disposed of pursuant to 

7 section 18 of the Act, conversion of section 23 

8 projects to assistance under section 8, the family 

9 unification program under section 8(x) of the Act, 

10 relocation of witnesses in connection with efforts to 

11 combat crime in public and assisted housing pursu12 ant to a request from a law enforcement or prosecu13 tion agency, enhanced vouchers under any provision 

14 of law authorizing such assistance under section 8(t) 

15 of the Act, HOPE VI vouchers, mandatory and vol16 untary conversions, and tenant protection assistance 

17 including replacement and relocation assistance or 

18 for project-based assistance to prevent the displace19 ment of unassisted elderly tenants currently residing 

20 in section 202 properties financed between 1959 and 

21 1974 that are refinanced pursuant to Public Law 

22 106–569, as amended, or under the authority as 

23 provided under this Act: Provided, That when a pub24 lic housing development is submitted for demolition 

25 or disposition under section 18 of the Act, the Sec-
88 

•S 2322 PCS

1 retary may provide section 8 rental assistance when 

2 the units pose an imminent health and safety risk to 

3 residents: Provided further, That the Secretary may 

4 only provide replacement vouchers for units that 

5 were occupied within the previous 24 months that 

6 cease to be available as assisted housing, subject 

7 only to the availability of funds: Provided further, 

8 That of the amounts made available under this para9 graph, $5,000,000 may be available to provide ten10 ant protection assistance, not otherwise provided 

11 under this paragraph, to residents residing in low12 vacancy areas and who pay or may have to pay rents 

13 greater than 30 percent of household income, as the 

14 result of (1) the maturity of a HUD-insured, HUD15 held, or section 202 of the Housing Act of 1959 loan 

16 that requires the permission of the Secretary prior 

17 to loan prepayment; (2) the expiration of a rental 

18 assistance contract for which the tenants are not eli19 gible for enhanced voucher or tenant protection as20 sistance under existing law; or (3) the expiration of 

21 affordability restrictions accompanying a mortgage 

22 or preservation program administered by the Sec23 retary: Provided further, That such tenant protection 

24 assistance made available under the previous proviso 

25 may be provided under the authority of section 8(t) 
89 

•S 2322 PCS

1 or section 8(o)(13) of the United States Housing 

2 Act of 1937 (42 U.S.C. 1437f(t) or (o)(13)): Pro3 vided further, That the Secretary shall issue guid4 ance to implement the previous two provisos, includ5 ing, but not limited to, requirements for defining eli6 gible at-risk households within 120 days of the en7 actment of this Act; 

8 (3) $1,575,000,000 shall be for administrative 

9 and other expenses of public housing agencies in ad10 ministering the section 8 tenant-based rental assist11 ance program, of which up to $15,000,000 shall be 

12 available to the Secretary to allocate to public hous13 ing agencies that need additional funds to admin14 ister their section 8 programs, including fees associ15 ated with section 8 tenant protection rental assist16 ance, the administration of disaster related vouchers, 

17 Veterans Affairs Supportive Housing vouchers, and 

18 other incremental vouchers: Provided, That no less 

19 than $1,560,000,000 of the amount provided in this 

20 paragraph shall be allocated to public housing agen21 cies for the calendar year 2013 funding cycle based 

22 on section 8(q) of the Act (and related Appropria23 tion Act provisions) as in effect immediately before 

24 the enactment of the Quality Housing and Work Re25 sponsibility Act of 1998 (Public Law 105–276): Pro-
90 

•S 2322 PCS

1 vided further, That if the amounts made available 

2 under this paragraph are insufficient to pay the 

3 amounts determined under the previous proviso, the 

4 Secretary may decrease the amounts allocated to 

5 agencies by a uniform percentage applicable to all 

6 agencies receiving funding under this paragraph or 

7 may, to the extent necessary to provide full payment 

8 of amounts determined under the previous proviso, 

9 utilize unobligated balances, including recaptures 

10 and carryovers, remaining from funds appropriated 

11 to the Department of Housing and Urban Develop12 ment under this heading from prior fiscal years, not13 withstanding the purposes for which such amounts 

14 were appropriated: Provided further, That all public 

15 housing agencies participating in the MTW dem16 onstration shall be funded pursuant to their MTW 

17 agreements, and shall be subject to the same uni18 form percentage decrease as under the previous pro19 viso: Provided further, That amounts provided under 

20 this paragraph shall be only for activities related to 

21 the provision of tenant-based rental assistance au22 thorized under section 8, including related develop23 ment activities; 
91 

•S 2322 PCS

1 (4) $60,000,000 shall be available for family 

2 self-sufficiency coordinators under section 23 of the 

3 Act; 

4 (5) $111,335,000 for the renewal of tenant5 based assistance contracts under section 811 of the 

6 Cranston-Gonzalez National Affordable Housing Act 

7 (42 U.S.C. 8013), including necessary administra8 tive expenses; 

9 (6) $75,000,000 for incremental rental voucher 

10 assistance for use through a supported housing pro11 gram administered in conjunction with the Depart12 ment of Veterans Affairs as authorized under section 

13 8(o)(19) of the United States Housing Act of 1937: 

14 Provided, That the Secretary of Housing and Urban 

15 Development shall make such funding available, not16 withstanding section 204 (competition provision) of 

17 this title, to public housing agencies that partner 

18 with eligible VA Medical Centers or other entities as 

19 designated by the Secretary of the Department of 

20 Veterans Affairs, based on geographical need for 

21 such assistance as identified by the Secretary of the 

22 Department of Veterans Affairs, public housing 

23 agency administrative performance, and other fac24 tors as specified by the Secretary of Housing and 

25 Urban Development in consultation with the Sec-
92 

•S 2322 PCS

1 retary of the Department of Veterans Affairs: Pro2 vided further, That the Secretary of Housing and 

3 Urban Development may waive, or specify alter4 native requirements for (in consultation with the 

5 Secretary of the Department of Veterans Affairs), 

6 any provision of any statute or regulation that the 

7 Secretary of Housing and Urban Development ad8 ministers in connection with the use of funds made 

9 available under this paragraph (except for require10 ments related to fair housing, nondiscrimination, 

11 labor standards, and the environment), upon a find12 ing by the Secretary that any such waivers or alter13 native requirements are necessary for the effective 

14 delivery and administration of such voucher assist15 ance: Provided further, That assistance made avail16 able under this paragraph shall continue to remain 

17 available for homeless veterans upon turn-over; 

18 (7) The Secretary shall separately track all spe19 cial purpose vouchers funded under this heading. 

20 HOUSING CERTIFICATE FUND

21 (INCLUDES RESCISSIONS)

22 Unobligated balances, including recaptures and car23 ryover, remaining from funds appropriated to the Depart24 ment of Housing and Urban Development under this 

25 heading, the heading ‘‘Annual Contributions for Assisted 
93 

•S 2322 PCS

1 Housing’’ and the heading ‘‘Project-Based Rental Assist2 ance’’, for fiscal year 2013 and prior years may be used 

3 for renewal of or amendments to section 8 project-based 

4 contracts and for performance-based contract administra5 tors, notwithstanding the purposes for which such funds 

6 were appropriated: Provided, That any obligated balances 

7 of contract authority from fiscal year 1974 and prior that 

8 have been terminated shall be rescinded: Provided further, 

9 That amounts heretofore recaptured, or recaptured during 

10 the current fiscal year, from section 8 project-based con11 tracts from source years fiscal year 1975 through fiscal 

12 year 1987 are hereby rescinded, and an amount of addi13 tional new budget authority, equivalent to the amount re14 scinded is hereby appropriated, to remain available until 

15 expended, for the purposes set forth under this heading, 

16 in addition to amounts otherwise available. 

17 PUBLIC HOUSING CAPITAL FUND

18 For the Public Housing Capital Fund Program to 

19 carry out capital and management activities for public 

20 housing agencies, as authorized under section 9 of the 

21 United States Housing Act of 1937 (42 U.S.C. 1437g) 

22 (the ‘‘Act’’) $1,985,000,000, to remain available until 

23 September 30, 2016: Provided, That notwithstanding any 

24 other provision of law or regulation, during fiscal year 

25 2013 the Secretary of Housing and Urban Development 
94 

•S 2322 PCS

1 may not delegate to any Department official other than 

2 the Deputy Secretary and the Assistant Secretary for 

3 Public and Indian Housing any authority under paragraph 

4 (2) of section 9(j) regarding the extension of the time peri5 ods under such section: Provided further, That for pur6 poses of such section 9(j), the term ‘‘obligate’’ means, with 

7 respect to amounts, that the amounts are subject to a 

8 binding agreement that will result in outlays, immediately 

9 or in the future: Provided further, That up to $15,345,000 

10 shall be to support the ongoing Public Housing Financial 

11 and Physical Assessment activities of the Real Estate As12 sessment Center (REAC): Provided further, That of the 

13 total amount provided under this heading, not to exceed 

14 $20,000,000 shall be available for the Secretary to make 

15 grants, notwithstanding section 204 of this Act, to public 

16 housing agencies for emergency capital needs including 

17 safety and security measures necessary to address crime 

18 and drug-related activity as well as needs resulting from 

19 unforeseen or unpreventable emergencies and natural dis20 asters excluding Presidentially declared emergencies and 

21 natural disasters under the Robert T. Stafford Disaster 

22 Relief and Emergency Act (42 U.S.C. 5121 et seq.) occur23 ring in fiscal year 2013: Provided further, That of the total 

24 amount provided under this heading $50,000,000 shall be 

25 for supportive services, service coordinator and congregate 
95 

•S 2322 PCS

1 services as authorized by section 34 of the Act (42 U.S.C. 

2 1437z–6) and the Native American Housing Assistance 

3 and Self-Determination Act of 1996 (25 U.S.C. 4101 et 

4 seq.): Provided further, That of the total amount made 

5 available under this heading, up to $15,000,000 may be 

6 used for incentives as part of a Jobs-Plus Pilot initiative 

7 modeled after the Jobs-Plus demonstration: Provided fur8 ther, That the funding provided under the previous proviso 

9 shall provide competitive grants to partnerships between 

10 public housing authorities, local workforce investment 

11 boards established under section 117 of the Workforce In12 vestment Act of 1998, and other agencies and organiza13 tions that provide support to help public housing residents 

14 obtain employment and increase earnings: Provided fur15 ther, That applicants must demonstrate the ability to pro16 vide services to residents, partner with workforce invest17 ments boards, and leverage service dollars: Provided fur18 ther, That the Secretary may set aside a portion of the 

19 funds provided for the Resident Opportunity and Self-Suf20 ficiency program to support the services element of the 

21 Jobs Plus Initiative Pilot: Provided further, That the Sec22 retary may allow PHAs to request exemptions from rent 

23 and income limitation requirements under sections 3 and 

24 6 of the United States Housing Act of 1937 as necessary 

25 to implement the Jobs-Plus program, on such terms and 
96 

•S 2322 PCS

1 conditions as the Secretary may approve upon a finding 

2 by the Secretary that any such waivers or alternative re3 quirements are necessary for the effective implementation 

4 of the Jobs-Plus Pilot initiative: Provided further, That the 

5 Secretary shall publish by notice in the Federal Register 

6 any waivers or alternative requirements pursuant to the 

7 preceding proviso no later than 10 days before the effec8 tive date of such notice: Provided further, That of the total 

9 amount provided under this heading, up to $5,000,000 is 

10 to support the costs of administrative and judicial receiv11 erships: Provided further, That from the funds made avail12 able under this heading, the Secretary shall provide bonus 

13 awards in fiscal year 2013 to public housing agencies that 

14 are designated high performers. 

15 PUBLIC HOUSING OPERATING FUND

16 For 2013 payments to public housing agencies for the 

17 operation and management of public housing, as author18 ized by section 9(e) of the United States Housing Act of 

19 1937 (42 U.S.C. 1437g(e)), $4,591,000,000: Provided, 

20 That in determining public housing agencies’, including 

21 Moving to Work agencies’, calendar year 2013 funding al22 locations under this heading, the Secretary shall take into 

23 account the impact of changes to flat rents on public hous24 ing agencies’ formula income levels. 
97 

•S 2322 PCS

1 CHOICE NEIGHBORHOODS

2 For competitive grants under the Choice Neighbor3 hoods Initiative (subject to section 24 of the United States 

4 Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 

5 specified under this heading), for transformation, rehabili6 tation, and replacement housing needs of both public and 

7 HUD-assisted housing and to transform neighborhoods of 

8 poverty into functioning, sustainable mixed income neigh9 borhoods with appropriate services, schools, public assets, 

10 transportation and access to jobs, $120,000,000, to re11 main available until September 30, 2015: Provided, That 

12 grant funds may be used for resident and community serv13 ices, community development, and affordable housing 

14 needs in the community, and for conversion of vacant or 

15 foreclosed properties to affordable housing: Provided fur16 ther, That grantees shall undertake comprehensive local 

17 planning with input from residents and the community, 

18 and that grantees shall provide a match in State, local, 

19 other Federal or private funds: Provided further, That 

20 grantees may include local governments, tribal entities, 

21 public housing authorities, and nonprofits: Provided fur22 ther, That for-profit developers may apply jointly with a 

23 public entity: Provided further, That of the amount pro24 vided, not less than $80,000,000 shall be awarded to pub25 lic housing authorities: Provided further, That such grant-
98 

•S 2322 PCS

1 ees shall create partnerships with other local organizations 

2 including assisted housing owners, service agencies, and 

3 resident organizations: Provided further, That the Sec4 retary shall consult with the Secretaries of Education, 

5 Labor, Transportation, Health and Human Services, Agri6 culture, and Commerce and the Administrator of the Envi7 ronmental Protection Agency to coordinate and leverage 

8 other appropriate Federal resources: Provided further, 

9 That no more than $5,000,000 of funds made available 

10 under this heading may be provided to assist communities 

11 in developing comprehensive strategies for implementing 

12 this program or implementing other revitalization efforts 

13 in conjunction with community notice and input: Provided 

14 further, That the Secretary shall develop and publish 

15 guidelines for the use of such competitive funds, including 

16 but not limited to eligible activities, program require17 ments, and performance metrics. 

18 NATIVE AMERICAN HOUSING BLOCK GRANTS

19 For the Native American Housing Block Grants pro20 gram, as authorized under title I of the Native American 

21 Housing Assistance and Self-Determination Act of 1996 

22 (NAHASDA) (25 U.S.C. 4111 et seq.), $650,000,000, to 

23 remain available until September 30, 2017: Provided, 

24 That, notwithstanding the Native American Housing As25 sistance and Self-Determination Act of 1996, to determine 
99 

•S 2322 PCS

1 the amount of the allocation under title I of such Act for 

2 each Indian tribe, the Secretary shall apply the formula 

3 under section 302 of such Act with the need component 

4 based on single-race census data and with the need compo5 nent based on multi-race census data, and the amount of 

6 the allocation for each Indian tribe shall be the greater 

7 of the two resulting allocation amounts: Provided further, 

8 That of the amounts made available under this heading, 

9 $4,000,000 shall be contracted for assistance for a na10 tional organization representing Native American housing 

11 interests for providing training and technical assistance to 

12 Indian housing authorities and tribally designated housing 

13 entities as authorized under NAHASDA; and $4,000,000 

14 shall be to support the inspection of Indian housing units, 

15 contract expertise, training, and technical assistance in 

16 the training, oversight, and management of such Indian 

17 housing and tenant-based assistance, including up to 

18 $300,000 for related travel: Provided further, That of the 

19 amount provided under this heading, $2,000,000 shall be 

20 made available for the cost of guaranteed notes and other 

21 obligations, as authorized by title VI of NAHASDA: Pro22 vided further, That such costs, including the costs of modi23 fying such notes and other obligations, shall be as defined 

24 in section 502 of the Congressional Budget Act of 1974, 

25 as amended: Provided further, That these funds are avail-
100 

•S 2322 PCS

1 able to subsidize the total principal amount of any notes 

2 and other obligations, any part of which is to be guaran3 teed, not to exceed $18,332,000: Provided further, That 

4 the Department will notify grantees of their formula allo5 cation within 60 days of the date of enactment of this Act. 

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 

14 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), $6,000,000, 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 $633,000,000: Provided further, That 
101 

•S 2322 PCS

1 up to $750,000 of this amount may be for administrative 

2 contract expenses including management processes and 

3 systems to 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 up to $41,504,000 to remain available until expended. 

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 2014, except that amounts allocated pursuant to section 

23 854(c)(3) of such Act shall remain available until Sep24 tember 30, 2015: Provided, That the Secretary shall renew 

25 all expiring contracts for permanent supportive housing 
102 

•S 2322 PCS

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 Provided further, That the Department will notify grantees 

5 of their formula allocation within 60 days of the date of 

6 enactment of this Act. 

7 COMMUNITY DEVELOPMENT FUND

8 For assistance to units of State and local govern9 ment, and to other entities, for economic and community 

10 development activities, and for other purposes, 

11 $3,210,000,000, to remain available until September 30, 

12 2015, unless otherwise specified: Provided, That of the 

13 total amount provided, $3,100,000,000 is for carrying out 

14 the community development block grant program under 

15 title I of the Housing and Community Development Act 

16 of 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 

17 et seq.): Provided further, That unless explicitly provided 

18 for under this heading (except for planning grants pro19 vided in the second paragraph and amounts made avail20 able under the third paragraph), not to exceed 20 percent 

21 of any grant made with funds appropriated under this 

22 heading shall be expended for planning and management 

23 development and administration: Provided further, That 

24 $60,000,000 shall be for grants to Indian tribes notwith25 standing section 106(a)(1) of such Act, of which, notwith-
103 

•S 2322 PCS

1 standing any other provision of law (including section 204 

2 of this Act), up to $3,960,000 may be used for emer3 gencies that constitute imminent threats to health and 

4 safety. 

5 Of the amounts made available under this heading, 

6 $50,000,000 shall be made available for a Sustainable 

7 Communities Initiative to improve regional planning ef8 forts that integrate housing and transportation decisions, 

9 and increase the capacity to improve land use and zoning: 

10 Provided, That the funding provided shall be for Regional 

11 Integrated Planning Grants to support the linking of 

12 transportation and land use planning and for Community 

13 Challenge Planning Grants to foster reform and reduce 

14 barriers to achieve affordable, economically vital, and sus15 tainable communities: Provided further, That not less than 

16 $12,500,000 of the funding made available under this 

17 heading shall be awarded to metropolitan areas of less 

18 than 500,000: Provided further, That the Secretary will 

19 consult with the Secretary of Transportation in evaluating 

20 grant proposals. 

21 COMMUNITY DEVELOPMENT LOAN GUARANTEES

22 PROGRAM ACCOUNT

23 Subject to section 502 of the Congressional Budget 

24 Act of 1974, during fiscal year 2013 commitments to 

25 guarantee loans under section 108 of the Housing and 
104 

•S 2322 PCS

1 Community Development Act of 1974, any part of which 

2 is guaranteed, shall not exceed a total principal amount 

3 of $500,000,000, notwithstanding any aggregate limita4 tion on outstanding obligations guaranteed in subsection 

5 (k) of such section 108: Provided, That the Secretary shall 

6 collect fees from borrowers, notwithstanding subsection 

7 (m) of such section 108, to result in a credit subsidy cost 

8 of zero, and such fees such be collected in accordance with 

9 section 502(7) of the Congressional Budget Act of 1974. 

10 HOME INVESTMENT PARTNERSHIPS PROGRAM

11 For the HOME investment partnerships program, as 

12 authorized under title II of the Cranston-Gonzalez Na13 tional Affordable Housing Act, as amended, 

14 $1,000,000,000, to remain available until September 30, 

15 2015: Provided, That notwithstanding the amount made 

16 available under this heading, the threshold reduction re17 quirements in sections 216(10) and 217(b)(4) of such Act 

18 shall not apply to allocation of such amount: Provided fur19 ther, That funds made available under this heading used 

20 for projects not completed within 4 years of the commit21 ment date, as determined by a signature of each party 

22 to the agreement, shall be repaid: Provided further, That 

23 the Secretary may extend the deadline for 1 year if the 

24 Secretary determines that the failure to complete the 

25 project is beyond the control of the participating jurisdic-
105 

•S 2322 PCS

1 tion: Provided further, That no funds provided under this 

2 heading may be committed to any project included as part 

3 of a participating jurisdiction’s plan under section 105(b), 

4 unless each participating jurisdiction certifies that it has 

5 conducted an underwriting review, assessed developer ca6 pacity and fiscal soundness, and examined neighborhood 

7 market conditions to ensure adequate need for each 

8 project: Provided further, That any homeownership units 

9 funded under this heading which cannot be sold to an eli10 gible homeowner within 6 months of project completion 

11 shall be rented to an eligible tenant: Provided further, 

12 That no funds provided under this heading may be award13 ed for development activities to a community housing de14 velopment organization that cannot demonstrate that it is 

15 has staff with demonstrated development experience: Pro16 vided further, That funds provided in prior appropriations 

17 Acts for technical assistance, that were made available for 

18 Community Housing Development Organizations technical 

19 assistance, and that still remain available, may be used 

20 for HOME technical assistance notwithstanding the pur21 poses for which such amounts were appropriated: Provided 

22 further, That the Department shall notify grantees of their 

23 formula allocation within 60 days of enactment of this Act. 
106 

•S 2322 PCS

1 SELF-HELP AND ASSISTED HOMEOWNERSHIP

2 OPPORTUNITY PROGRAM

3 For the Self-Help and Assisted Homeownership Op4 portunity Program, as authorized under section 11 of the 

5 Housing Opportunity Program Extension Act of 1996, as 

6 amended, $53,500,000, to remain available until Sep7 tember 30, 2015: Provided, That of the total amount pro8 vided under this heading, $13,500,000 shall be made 

9 available to the Self-Help and Assisted Homeownership 

10 Opportunity Program as authorized under section 11 of 

11 the Housing Opportunity Program Extension Act of 1996, 

12 as amended: Provided further, That $35,000,000 shall be 

13 made available for the second, third and fourth capacity 

14 building activities authorized under section 4(a) of the 

15 HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), 

16 of which not less than $5,000,000 may be made available 

17 for rural capacity-building activities: Provided further, 

18 That $5,000,000 shall be made available for capacity19 building activities for a national organization with exper20 tise in rural housing, including experience working with 

21 rural housing organizations, local governments, and In22 dian tribes. 

23 HOMELESS ASSISTANCE GRANTS

24 For the emergency solutions grants program as au25 thorized under subtitle B of title IV of the McKinney- 
107 

•S 2322 PCS

1 Vento Homeless Assistance Act, as amended; the con2 tinuum of care program as authorized under subtitle C 

3 of title IV of such Act; and the rural housing stability as4 sistance program as authorized under subtitle D of title 

5 IV of such Act, $2,146,000,000, of which $2,141,000,000 

6 shall remain available until September 30, 2015, and of 

7 which $5,000,000 shall remain available until expended 

8 for project-based rental assistance with rehabilitation 

9 projects with 10-year grant terms and any rental assist10 ance amounts that are recaptured under such continuum 

11 of care program shall remain available until expended: 

12 Provided, That not less than $286,000,000 of the funds 

13 appropriated under this heading shall be available for such 

14 emergency solutions grants program: Provided further, 

15 That not less than $1,841,262,000 of the funds appro16 priated under this heading shall be available for such con17 tinuum of care and rural housing stability assistance pro18 grams: Provided further, That up to $8,000,000 of the 

19 funds appropriated under this heading shall be available 

20 for the national homeless data analysis project: Provided 

21 further, That for all match requirements applicable to 

22 funds made available under this heading for this fiscal 

23 year and prior years, a grantee may use (or could have 

24 used) as a source of match funds other funds administered 

25 by the Secretary and other Federal agencies unless there 
108 

•S 2322 PCS

1 is (or was) a specific statutory prohibition on any such 

2 use of any such funds: Provided further, That the Sec3 retary shall renew on an annual basis expiring contracts 

4 or amendments to contracts funded under the continuum 

5 of care program if the program is determined to be needed 

6 under the applicable continuum of care and meets appro7 priate program requirements and financial standards, as 

8 determined by the Secretary: Provided further, That all 

9 awards of assistance under this heading shall be required 

10 to coordinate and integrate homeless programs with other 

11 mainstream health, social services, and employment pro12 grams for which homeless populations may be eligible, in13 cluding Medicaid, State Children’s Health Insurance Pro14 gram, Temporary Assistance for Needy Families, Food 

15 Stamps, and services funding through the Mental Health 

16 and Substance Abuse Block Grant, Workforce Investment 

17 Act, and the Welfare-to-Work grant program: Provided 

18 further, That all balances for Shelter Plus Care renewals 

19 previously funded from the Shelter Plus Care Renewal ac20 count and transferred to this account shall be available, 

21 if recaptured, for continuum of care renewals in fiscal year 

22 2013: Provided further, That the term local government 

23 includes an instrumentality of a unit of general purpose 

24 local government other than a public housing agency that 

25 is established pursuant to legislation and designated by 
109 

•S 2322 PCS

1 the chief executive to act on behalf of the local government 

2 with regard to activities funded under this heading and 

3 includes a combination of general purpose local govern4 ments, such as an association of governments, that is rec5 ognized by the Secretary: Provided further, That the term 

6 State includes any instrumentality of any of the several 

7 States designated by the Governor to act on behalf of the 

8 State and does not include Washington, DC: Provided fur9 ther, That for purposes of environmental review, the Sec10 retary shall continue to permit assistance and projects 

11 under this heading to be treated as assistance for special 

12 projects that are subject to section 305(c) of the Multi13 family Housing Property Disposition Reform Act of 1994, 

14 and subject to the regulations issued by the Secretary to 

15 implement such section: Provided further, That a metro16 politan city and an urban county that each receive an allo17 cation under this heading and are located within a geo18 graphic area that is covered by a single continuum of care 

19 may jointly request the Secretary to permit the urban 

20 county or the metropolitan city, as agreed to by such coun21 ty and city, to receive and administer their combined allo22 cations under a single grant: Provided further, That the 

23 Department shall notify grantees of their formula alloca24 tion from amounts allocated (which may represent initial 
110 

•S 2322 PCS

1 or final amounts allocated) for the emergency solutions 

2 grant program within 60 days of enactment of this Act. 

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, $9,475,795,000, to re9 main available until expended, shall be available on Octo10 ber 1, 2012 (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, 2013: 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 
111 

•S 2322 PCS

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 $260,000,000 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-
112 

•S 2322 PCS

1 ther, That amounts recaptured under this heading, the 

2 heading ‘‘Annual Contributions for Assisted Housing’’, or 

3 the heading ‘‘Housing Certificate Fund’’, may be used for 

4 renewals of or amendments to section 8 project-based con5 tracts or for performance-based contract administrators, 

6 notwithstanding the purposes for which such amounts 

7 were appropriated: Provided further, That, notwith8 standing any other provision of law, upon the request of 

9 the Secretary of Housing and Urban Development, project 

10 funds that are held in residual receipts accounts for any 

11 project subject to a section 8 project-based Housing As12 sistance Payments contract that authorizes HUD to re13 quire that surplus project funds be deposited in an inter14 est-bearing residual receipts account and that are in ex15 cess of an amount to be determined by the Secretary, shall 

16 be remitted to the Department and deposited in this ac17 count, to be available until expended: Provided further, 

18 That amounts deposited pursuant to the previous proviso 

19 shall be available in addition to the amount otherwise pro20 vided by this heading for uses authorized under this head21 ing. 

22 HOUSING FOR THE ELDERLY

23 For amendments to capital advance contracts for 

24 housing for the elderly, as authorized by section 202 of 

25 the Housing Act of 1959, as amended, and for project 
113 

•S 2322 PCS

1 rental assistance for the elderly under section 202(c)(2) 

2 of such Act, including amendments to contracts for such 

3 assistance and renewal of expiring contracts for such as4 sistance for up to a 1-year term, and for senior preserva5 tion rental assistance contracts, as authorized by section 

6 811(e) of the American Housing and Economic Oppor7 tunity Act of 2000, as amended, and for supportive serv8 ices associated with the housing, $375,000,000 to remain 

9 available until September 30, 2016: Provided, That of the 

10 amount provided under this heading, up to $70,000,000 

11 shall be for service coordinators and the continuation of 

12 existing congregate service grants for residents of assisted 

13 housing projects, and of which up to $20,000,000 shall 

14 be for grants under section 202(b) of the Housing Act 

15 of 1959 (12 U.S.C. 1701q–2) for conversion of eligible 

16 projects under such section to assisted living, service-en17 riched housing, or related use for substantial and emer18 gency repairs as determined by the Secretary: Provided 

19 further, That amounts under this heading shall be avail20 able for Real Estate Assessment Center inspections and 

21 inspection-related activities associated with section 202 

22 projects: Provided further, That the Secretary may waive 

23 the provisions of section 202 governing the terms and con24 ditions of project rental assistance, except that the initial 
114 

•S 2322 PCS

1 contract term for such assistance shall not exceed 5 years 

2 in duration. 

3 HOUSING FOR PERSONS WITH DISABILITIES

4 For amendments to capital advance contracts for 

5 supportive housing for persons with disabilities, as author6 ized by section 811 of the Cranston-Gonzalez National Af7 fordable Housing Act (42 U.S.C. 8013) for project rental 

8 assistance for supportive housing for persons with disabil9 ities under section 811(d)(2) of such Act and for project 

10 assistance contracts pursuant to section 202(h) of the 

11 Housing Act of 1959 (Public Law 86–372; 73 Stat. 667), 

12 including amendments to contracts for such assistance 

13 and renewal of expiring contracts for such assistance for 

14 up to a 1-year term, for project rental assistance to State 

15 housing finance agencies and other appropriate entities as 

16 authorized under section 811(b)(3) of the Cranston-Gon17 zalez National Housing Act and for supportive services as18 sociated with the housing for persons with disabilities as 

19 authorized by section 811(b)(1) of such Act, 

20 $150,000,000 to remain available until September 30, 

21 2016: Provided, That amounts made available under this 

22 heading shall be available for Real Estate Assessment 

23 Center inspections and inspection-related activities associ24 ated with section 811 Projects. 
115 

•S 2322 PCS

1 HOUSING COUNSELING ASSISTANCE

2 For contracts, grants, and other assistance excluding 

3 loans, as authorized under section 106 of the Housing and 

4 Urban Development Act of 1968, as amended, 

5 $55,000,000, including up to $3,500,000 for administra6 tive contract services: Provided, That grants made avail7 able from amounts provided under this heading shall be 

8 awarded within 120 days of enactment of this Act: Pro9 vided further, That funds shall be used for providing coun10 seling and advice to tenants and homeowners, both current 

11 and prospective, with respect to property maintenance, fi12 nancial management/literacy, and such other matters as 

13 may be appropriate to assist them in improving their hous14 ing conditions, meeting their financial needs, and fulfilling 

15 the responsibilities of tenancy or homeownership; for pro16 gram administration; and for housing counselor training. 

17 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

18 FUND

19 For necessary expenses as authorized by the National 

20 Manufactured Housing Construction and Safety Stand21 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

22 $5,500,000, to remain available until expended, of which 

23 $4,000,000 is to be derived from the Manufactured Hous24 ing Fees Trust Fund: Provided, That not to exceed the 

25 total amount appropriated under this heading shall be 
116 

•S 2322 PCS

1 available from the general fund of the Treasury to the ex2 tent necessary to incur obligations and make expenditures 

3 pending the receipt of collections to the Fund pursuant 

4 to section 620 of such Act: Provided further, That the 

5 amount made available under this heading from the gen6 eral fund shall be reduced as such collections are received 

7 during fiscal year 2013 so as to result in a final fiscal 

8 year 2013 appropriation from the general fund estimated 

9 at not more than $1,500,000 and fees pursuant to such 

10 section 620 shall be modified as necessary to ensure such 

11 a final fiscal year 2013 appropriation: Provided further, 

12 That for the dispute resolution and installation programs, 

13 the Secretary of Housing and Urban Development may 

14 assess and collect fees from any program participant: Pro15 vided further, That such collections shall be deposited into 

16 the Fund, and the Secretary, as provided herein, may use 

17 such collections, as well as fees collected under section 

18 620, for necessary expenses of such Act: Provided further, 

19 That notwithstanding the requirements of section 620 of 

20 such Act, the Secretary may carry out responsibilities of 

21 the Secretary under such Act through the use of approved 

22 service providers that are paid directly by the recipients 

23 of their services. 
117 

•S 2322 PCS

1 FEDERAL HOUSING ADMINISTRATION

2 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 New commitments to guarantee single family loans 

5 insured under the Mutual Mortgage Insurance Fund shall 

6 not exceed $400,000,000,000, to remain available until 

7 September 30, 2014: Provided, That during fiscal year 

8 2013, obligations to make direct loans to carry out the 

9 purposes of section 204(g) of the National Housing Act, 

10 as amended, shall not exceed $50,000,000: Provided fur11 ther, That the foregoing amount in the previous proviso 

12 shall be for loans to nonprofit and governmental entities 

13 in connection with sales of single family real properties 

14 owned by the Secretary and formerly insured under the 

15 Mutual Mortgage Insurance Fund. For administrative 

16 contract expenses of the Federal Housing Administration, 

17 $215,000,000, to remain available until September 30, 

18 2014, of which up to $71,500,000 may be transferred to 

19 and merged with the Working Capital Fund: Provided fur20 ther, That to the extent guaranteed loan commitments ex21 ceed $200,000,000,000 on or before April 1, 2013, an ad22 ditional $1,400 for administrative contract expenses shall 

23 be available for each $1,000,000 in additional guaranteed 

24 loan commitments (including a pro rata amount for any 
118 

•S 2322 PCS

1 amount below $1,000,000), but in no case shall funds 

2 made available by this proviso exceed $30,000,000. 

3 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

4 New commitments to guarantee loans insured under 

5 the General and Special Risk Insurance Funds, as author6 ized by sections 238 and 519 of the National Housing Act 

7 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 

8 $25,000,000,000 in total loan principal, any part of which 

9 is to be guaranteed, to remain available until September 

10 30, 2014: Provided, That during fiscal year 2013 gross 

11 obligations for the principal amount of direct loans, as au12 thorized by sections 204(g), 207(l), 238, and 519(a) of 

13 the National Housing Act, shall not exceed $20,000,000, 

14 which shall be for loans to nonprofit and governmental en15 tities in connection with the sale of single family real prop16 erties owned by the Secretary and formerly insured under 

17 such Act. 

18 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

19 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

20 GUARANTEE PROGRAM ACCOUNT

21 New commitments to issue guarantees to carry out 

22 the purposes of section 306 of the National Housing Act, 

23 as amended (12 U.S.C. 1721(g)), shall not exceed 

24 $500,000,000,000, to remain available until September 

25 30, 2014: Provided, That $20,500,000 shall be available 
119 

•S 2322 PCS

1 for necessary salaries and expenses of the Office of Gov2 ernment National Mortgage Association: Provided further, 

3 That to the extent that guaranteed loan commitments will 

4 and do exceed $155,000,000,000 on or before April 1, 

5 2013, an additional $100 for necessary salaries and ex6 penses shall be available until expended for each 

7 $1,000,000 in additional guaranteed loan commitments 

8 (including a pro rata amount for any amount below 

9 $1,000,000), but in no case shall funds made available by 

10 this proviso exceed $3,000,000: Provided further, That re11 ceipts from Commitment and Multiclass fees collected pur12 suant to title III of the National Housing Act, as amend13 ed, shall be credited as offsetting collections to this ac14 count. 

15 POLICY DEVELOPMENT AND RESEARCH

16 RESEARCH AND TECHNOLOGY

17 For contracts, grants, and necessary expenses of pro18 grams of research and studies relating to housing and 

19 urban problems, not otherwise provided for, as authorized 

20 by title V of the Housing and Urban Development Act 

21 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

22 out the functions of the Secretary of Housing and Urban 

23 Development under section 1(a)(1)(i) of Reorganization 

24 Plan No. 2 of 1968, $46,000,000, to remain available 

25 until September 30, 2014: Provided, That with respect to 
120 

•S 2322 PCS

1 amounts made available under this heading, notwith2 standing section 204 of this title, the Secretary may enter 

3 into cooperative agreements funded with philanthropic en4 tities, other Federal agencies, or State or local govern5 ments and their agencies for research projects: Provided 

6 further, That with respect to the previous proviso, such 

7 partners to the cooperative agreements must contribute at 

8 least a 50 percent match toward the cost of the project: 

9 Provided further, That for non-competitive agreements en10 tered into in accordance with the previous two provisos, 

11 the Secretary of Housing and Urban Development shall 

12 comply with section 2(b) of the Federal Funding Account13 ability and Transparency Act of 2006 (Public Law 109– 

14 282, 31 U.S.C. note) in lieu of compliance with section 

15 102(a)(4)(C) with respect to documentation of award deci16 sions. 

17 FAIR HOUSING AND EQUAL OPPORTUNITY

18 FAIR HOUSING ACTIVITIES

19 For contracts, grants, and other assistance, not oth20 erwise provided for, as authorized by title VIII of the Civil 

21 Rights Act of 1968, as amended by the Fair Housing 

22 Amendments Act of 1988, and section 561 of the Housing 

23 and Community Development Act of 1987, as amended, 

24 $68,000,000, to remain available until September 30, 

25 2014, of which $42,500,000 shall be to carry out activities 
121 

•S 2322 PCS

1 pursuant to such section 561: Provided, That notwith2 standing 31 U.S.C. 3302, the Secretary may assess and 

3 collect fees to cover the costs of the Fair Housing Training 

4 Academy, and may use such funds to provide such train5 ing: Provided further, That no funds made available under 

6 this heading shall be used to lobby the executive or legisla7 tive branches of the Federal Government in connection 

8 with a specific contract, grant or loan: Provided further, 

9 That of the funds made available under this heading, 

10 $300,000 shall be available to the Secretary of Housing 

11 and Urban Development for the creation and promotion 

12 of translated materials and other programs that support 

13 the assistance of persons with limited English proficiency 

14 in utilizing the services provided by the Department of 

15 Housing and Urban Development. 

16 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

17 CONTROL

18 LEAD HAZARD REDUCTION

19 For the Lead Hazard Reduction Program, as author20 ized by section 1011 of the Residential Lead-Based Paint 

21 Hazard Reduction Act of 1992, $120,000,000, to remain 

22 available until September 30, 2014: Provided, That up to 

23 $30,000,000 of that amount shall be for the Healthy 

24 Homes Initiative, pursuant to sections 501 and 502 of the 

25 Housing and Urban Development Act of 1970 that shall 
122 

•S 2322 PCS

1 include research, studies, testing, and demonstration ef2 forts, including education and outreach concerning lead3 based paint poisoning and other housing-related diseases 

4 and hazards: Provided further, That for purposes of envi5 ronmental review, pursuant to the National Environ6 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

7 other provisions of the law that further the purposes of 

8 such Act, a grant under the Healthy Homes Initiative, Op9 eration Lead Elimination Action Plan (LEAP), or the 

10 Lead Technical Studies program under this heading or 

11 under prior appropriations Acts for such purposes under 

12 this heading, shall be considered to be funds for a special 

13 project for purposes of section 305(c) of the Multifamily 

14 Housing Property Disposition Reform Act of 1994: Pro15 vided further, That of the total amount made available 

16 under this heading, $45,000,000 shall be made available 

17 on a competitive basis for areas with the highest lead paint 

18 abatement needs: Provided further, That each recipient of 

19 funds provided under the second proviso shall make a 

20 matching contribution in an amount not less than 25 per21 cent: Provided further, That each applicant shall certify 

22 adequate capacity that is acceptable to the Secretary to 

23 carry out the proposed use of funds pursuant to a notice 

24 of funding availability: Provided further, That amounts 

25 made available under this heading in this or prior appro-
123 

•S 2322 PCS

1 priations Acts, and that still remain available, may be used 

2 for any purpose under this heading notwithstanding the 

3 purpose for which such amounts were appropriated if a 

4 program competition is undersubscribed and there are 

5 other program competitions under this heading that are 

6 oversubscribed. 

7 WORKING CAPITAL FUND

8 For additional capital for the Working Capital Fund 

9 (42 U.S.C. 3535) for the maintenance of infrastructure 

10 for Department-wide information technology systems, for 

11 the continuing operation and maintenance of both Depart12 ment-wide and program-specific information systems, and 

13 for program-related maintenance activities, $230,000,000, 

14 of which $170,000,000 shall remain available until Sep15 tember 30, 2014, and of which $60,000,000 shall remain 

16 available until September 30, 2015 for Development Mod17 ernization and Enhancement: Provided, That any amounts 

18 transferred to this Fund under this Act shall remain avail19 able until expended: Provided further, That any amounts 

20 transferred to this Fund from amounts appropriated by 

21 previously enacted appropriations Acts may be used for 

22 the purposes specified under this Fund, in addition to any 

23 other information technology the purposes for which such 

24 amounts were appropriated: Provided further, That not 

25 more than 25 percent of the funds made available under 
124 

•S 2322 PCS

1 this heading for Development, Modernization and En2 hancement, including development and deployment of a 

3 Next Generation Management System and development 

4 and deployment of modernized Federal Housing Adminis5 tration systems may be obligated until the Secretary sub6 mits to the Committees on Appropriations a plan for ex7 penditure that—(A) identifies for each modernization 

8 project: (i) the functional and performance capabilities to 

9 be delivered and the mission benefits to be realized, (ii) 

10 the estimated life-cycle cost, and (iii) key milestones to 

11 be met; (B) demonstrates that each modernization project 

12 is: (i) compliant with the department’s enterprise architec13 ture, (ii) being managed in accordance with applicable life14 cycle management policies and guidance, (iii) subject to 

15 the department’s capital planning and investment control 

16 requirements, and (iv) supported by an adequately staffed 

17 project office; and (C) has been reviewed by the Govern18 ment Accountability Office. 

19 OFFICE OF INSPECTOR GENERAL

20 For necessary salaries and expenses of the Office of 

21 Inspector General in carrying out the Inspector General 

22 Act of 1978, as amended, $125,194,000: Provided, That 

23 the Inspector General shall have independent authority 

24 over all personnel issues within this office. 
125 

•S 2322 PCS

1 TRANSFORMATION INITIATIVE

2 For necessary expenses of research, evaluation, and 

3 program metrics activities; program demonstrations; and 

4 technical assistance and capacity building, $43,000,000, 

5 to remain available until September 30, 2015: Provided, 

6 That with respect to amounts made available under this 

7 heading for research, evaluation and program metrics or 

8 program demonstrations, the Secretary may make grants 

9 or enter into cooperative agreements if such grants or 

10 agreements include a substantial match contribution, not11 withstanding section 204 of this title. 

12 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

13 URBAN DEVELOPMENT

14 SEC. 201. Fifty percent of the amounts of budget au15 thority, or in lieu thereof 50 percent of the cash amounts 

16 associated with such budget authority, that are recaptured 

17 from projects described in section 1012(a) of the Stewart 

18 B. McKinney Homeless Assistance Amendments Act of 

19 1988 (42 U.S.C. 1437 note) shall be rescinded or in the 

20 case of cash, shall be remitted to the Treasury, and such 

21 amounts of budget authority or cash recaptured and not 

22 rescinded or remitted to the Treasury shall be used by 

23 State housing finance agencies or local governments or 

24 local housing agencies with projects approved by the Sec25 retary of Housing and Urban Development for which set-
126 

•S 2322 PCS

1 tlement occurred after January 1, 1992, in accordance 

2 with such section. Notwithstanding the previous sentence, 

3 the Secretary may award up to 15 percent of the budget 

4 authority or cash recaptured and not rescinded or remitted 

5 to the Treasury to provide project owners with incentives 

6 to refinance their project at a lower interest rate. 

7 SEC. 202. None of the amounts made available under 

8 this Act may be used during fiscal year 2013 to investigate 

9 or prosecute under the Fair Housing Act any otherwise 

10 lawful activity engaged in by one or more persons, includ11 ing the filing or maintaining of a nonfrivolous legal action, 

12 that is engaged in solely for the purpose of achieving or 

13 preventing action by a Government official or entity, or 

14 a court of competent jurisdiction. 

15 SEC. 203. (a) Sections 203 and 209 of the Depart16 ment of Housing and Urban Development Appropriations 

17 Act, 2012 is amended by striking ‘‘fiscal year 2012’’ each 

18 place it appears and inserting ‘‘fiscal years 2012 and 

19 2013’’. 

20 (b) Section 203(a)(2) of such Act is amended by 

21 striking ‘‘fiscal year 2011’’ and inserting ‘‘fiscal years 

22 2012 and 2013’’. 

23 SEC. 204. Except as explicitly provided in law, any 

24 grant, cooperative agreement or other assistance made 

25 pursuant to title II of this Act shall be made on a competi-
127 

•S 2322 PCS

1 tive basis and in accordance with section 102 of the De2 partment of Housing and Urban Development Reform Act 

3 of 1989 (42 U.S.C. 3545). 

4 SEC. 205. Funds of the Department of Housing and 

5 Urban Development subject to the Government Corpora6 tion Control Act or section 402 of the Housing Act of 

7 1950 shall be available, without regard to the limitations 

8 on administrative expenses, for legal services on a contract 

9 or fee basis, and for utilizing and making payment for 

10 services and facilities of the Federal National Mortgage 

11 Association, Government National Mortgage Association, 

12 Federal Home Loan Mortgage Corporation, Federal Fi13 nancing Bank, Federal Reserve banks or any member 

14 thereof, Federal Home Loan banks, and any insured bank 

15 within the meaning of the Federal Deposit Insurance Cor16 poration Act, as amended (12 U.S.C. 1811–1). 

17 SEC. 206. Unless otherwise provided for in this Act 

18 or through a reprogramming of funds, no part of any ap19 propriation for the Department of Housing and Urban 

20 Development shall be available for any program, project 

21 or activity in excess of amounts set forth in the budget 

22 estimates submitted to Congress. 

23 SEC. 207. Corporations and agencies of the Depart24 ment of Housing and Urban Development which are sub25 ject to the Government Corporation Control Act are here-
128 

•S 2322 PCS

1 by authorized to make such expenditures, within the limits 

2 of funds and borrowing authority available to each such 

3 corporation or agency and in accordance with law, and to 

4 make such contracts and commitments without regard to 

5 fiscal year limitations as provided by section 104 of such 

6 Act as may be necessary in carrying out the programs set 

7 forth in the budget for 2013 for such corporation or agen8 cy except as hereinafter provided: Provided, That collec9 tions of these corporations and agencies may be used for 

10 new loan or mortgage purchase commitments only to the 

11 extent expressly provided for in this Act (unless such loans 

12 are in support of other forms of assistance provided for 

13 in this or prior appropriations Acts), except that this pro14 viso shall not apply to the mortgage insurance or guaranty 

15 operations of these corporations, or where loans or mort16 gage purchases are necessary to protect the financial in17 terest of the United States Government. 

18 SEC. 208. The Secretary of Housing and Urban De19 velopment shall provide quarterly reports to the House 

20 and Senate Committees on Appropriations regarding all 

21 uncommitted, unobligated, recaptured and excess funds in 

22 each program and activity within the jurisdiction of the 

23 Department and shall submit additional, updated budget 

24 information to these Committees upon request. 
129 

•S 2322 PCS

1 SEC. 209. Paragraph (2)(B)(i) of section 3(a) of the 

2 United States Housing Act of 1937 (42 U.S.C. 1437a(a)) 

3 is amended— 

4 (1) in the matter preceding subclause (I)— 

5 (A) by striking ‘‘Except as otherwise pro6 vided under this clause, each’’ and inserting 

7 ‘‘Each’’; and 

8 (B) by inserting after ‘‘which shall’’ the 

9 following: ‘‘not be lower than 80 percent of the 

10 applicable fair market rental established under 

11 section 8(c) of this Act and which shall’’; and 

12 (2) by striking the undesignated matter fol13 lowing subclause (II) and inserting the following: 

14 ‘‘Public housing agencies must comply by September 

15 30, 2013, with the requirement of this clause, except 

16 that if a new flat rental amount for a dwelling unit 

17 will increase a family’s existing rental payment by 

18 more than 35 percent, the new flat rental amount 

19 shall be phased in as necessary to ensure that the 

20 family’s existing rental payment does not increase by 

21 more than 35 percent annually. The preceding sen22 tence shall not be construed to require establishment 

23 of rental amounts equal to 80 percent of the fair 

24 market rental in years when the fair market rental 

25 falls from the prior year.’’. 
130 

•S 2322 PCS

1 SEC. 210 The President’s formal budget request for 

2 fiscal year 2014, as well as the Department of Housing 

3 and Urban Development’s congressional budget justifica4 tions to be submitted to the Committees on Appropriations 

5 of the House of Representatives and the Senate, shall use 

6 the identical account and sub-account structure provided 

7 under this Act. 

8 SEC. 211. A public housing agency or such other enti9 ty that administers Federal housing assistance for the 

10 Housing Authority of the county of Los Angeles, Cali11 fornia, the States of Alaska, Iowa, and Mississippi shall 

12 not be required to include a resident of public housing or 

13 a recipient of assistance provided under section 8 of the 

14 United States Housing Act of 1937 on the board of direc15 tors or a similar governing board of such agency or entity 

16 as required under section (2)(b) of such Act. Each public 

17 housing agency or other entity that administers Federal 

18 housing assistance under section 8 for the Housing Au19 thority of the county of Los Angeles, California and the 

20 States of Alaska, Iowa and Mississippi that chooses not 

21 to include a resident of public housing or a recipient of 

22 section 8 assistance on the board of directors or a similar 

23 governing board shall establish an advisory board of not 

24 less than six residents of public housing or recipients of 

25 section 8 assistance to provide advice and comment to the 
131 

•S 2322 PCS

1 public housing agency or other administering entity on 

2 issues related to public housing and section 8. Such advi3 sory board shall meet not less than quarterly. 

4 SEC. 212. (a) Notwithstanding any other provision 

5 of law, subject to the conditions listed in subsection (b), 

6 for fiscal years 2013 and 2014, the Secretary of Housing 

7 and Urban Development may authorize the transfer of 

8 some or all project-based assistance, debt and statutorily 

9 required low-income and very low-income use restrictions, 

10 associated with one or more multifamily housing project 

11 to another multifamily housing project or projects. 

12 (b) PHASED TRANSFERS.—Transfers of project13 based assistance under this section may be done in phases 

14 to accommodate the financing and other requirements re15 lated to rehabilitating or constructing the project or 

16 projects to which the assistance is transferred, to ensure 

17 that such project or projects meet the standards under 

18 section (c). 

19 (c) The transfer authorized in subsection (a) is sub20 ject to the following conditions: 

21 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 

22 (A) For occupied units in the transferring 

23 project: the number of low-income and very low24 income units and the configuration (i.e. bed25 room size) provided by the transferring project 
132 

•S 2322 PCS

1 shall be no less than when transferred to the re2 ceiving project or projects and the net dollar 

3 amount of Federal assistance provided by the 

4 transferring project shall remain the same in 

5 the receiving project or projects. 

6 (B) For unoccupied units in the transfer7 ring project: the Secretary may authorize a re8 duction in the number of dwelling units in the 

9 receiving project or projects to allow for a re10 configuration of bedroom sizes to meet current 

11 market demands, as determined by the Sec12 retary and provided there is no increase in the 

13 project-based section 8 budget authority. 

14 (2) The net dollar amount of Federal assistance 

15 provided to the transferring project shall remain the 

16 same as the receiving project or projects. 

17 (3) The transferring project shall, as deter18 mined by the Secretary, be either physically obsolete 

19 or economically nonviable. 

20 (4) The receiving project or projects shall meet 

21 or exceed applicable physical standards established 

22 by the Secretary. 

23 (5) The owner or mortgagor of the transferring 

24 project shall notify and consult with the tenants re25 siding in the transferring project and provide a cer-
133 

•S 2322 PCS

1 tification of approval by all appropriate local govern2 mental officials. 

3 (6) The tenants of the transferring project who 

4 remain eligible for assistance to be provided by the 

5 receiving project or projects shall not be required to 

6 vacate their units in the transferring project or 

7 projects until new units in the receiving project are 

8 available for occupancy. 

9 (7) The Secretary determines that this transfer 

10 is in the best interest of the tenants. 

11 (8) If either the transferring project or the re12 ceiving project or projects meets the condition speci13 fied in subsection (d)(2)(A), any lien on the receiv14 ing project resulting from additional financing ob15 tained by the owner shall be subordinate to any 

16 FHA-insured mortgage lien transferred to, or placed 

17 on, such project by the Secretary, except that the 

18 Secretary may waive this requirement upon deter19 mination that such a waiver is necessary to facilitate 

20 the financing of acquisition, construction, and/or re21 habilitation of the receiving project or projects. 

22 (9) If the transferring project meets the re23 quirements of subsection (c)(2)(E), the owner or 

24 mortgagor of the receiving project or projects shall 

25 execute and record either a continuation of the exist-
134 

•S 2322 PCS

1 ing use agreement or a new use agreement for the 

2 project where, in either case, any use restrictions in 

3 such agreement are of no lesser duration than the 

4 existing use restrictions. 

5 (10) The transfer does not increase the cost (as 

6 defined in section 502 of the Congressional Budget 

7 Act of 1974, as amended) of any FHA-insured 

8 mortgage, except to the extent that appropriations 

9 are provided in advance for the amount of any such 

10 increased cost. 

11 (d) For purposes of this section— 

12 (1) the terms ‘‘low-income’’ and ‘‘very low-in13 come’’ shall have the meanings provided by the stat14 ute and/or regulations governing the program under 

15 which the project is insured or assisted; 

16 (2) the term ‘‘multifamily housing project’’ 

17 means housing that meets one of the following con18 ditions— 

19 (A) housing that is subject to a mortgage 

20 insured under the National Housing Act; 

21 (B) housing that has project-based assist22 ance attached to the structure including 

23 projects undergoing mark to market debt re24 structuring under the Multifamily Assisted 

25 Housing Reform and Affordability Housing Act; 
135 

•S 2322 PCS

1 (C) housing that is assisted under section 

2 202 of the Housing Act of 1959 as amended by 

3 section 801 of the Cranston-Gonzales National 

4 Affordable Housing Act; 

5 (D) housing that is assisted under section 

6 202 of the Housing Act of 1959, as such sec7 tion existed before the enactment of the Cran8 ston-Gonzales National Affordable Housing Act; 

9 (E) housing that is assisted under section 

10 811 of the Cranston-Gonzales National Afford11 able Housing Act; or 

12 (F) housing or vacant land that is subject 

13 to a use agreement; 

14 (3) the term ‘‘project-based assistance’’ 

15 means— 

16 (A) assistance provided under section 8(b) 

17 of the United States Housing Act of 1937; 

18 (B) assistance for housing constructed or 

19 substantially rehabilitated pursuant to assist20 ance provided under section 8(b)(2) of such Act 

21 (as such section existed immediately before Oc22 tober 1, 1983); 

23 (C) rent supplement payments under sec24 tion 101 of the Housing and Urban Develop25 ment Act of 1965; 
136 

•S 2322 PCS

1 (D) interest reduction payments under sec2 tion 236 and/or additional assistance payments 

3 under section 236(f)(2) of the National Hous4 ing Act; 

5 (E) assistance payments made under sec6 tion 202(c)(2) of the Housing Act of 1959; and 

7 (F) assistance payments made under sec8 tion 811(d)(2) of the Housing Act of 1959; 

9 (4) the term ‘‘receiving project or projects’’ 

10 means the multifamily housing project or projects to 

11 which some or all of the project-based assistance, 

12 debt, and statutorily required use low-income and 

13 very low-income restrictions are to be transferred; 

14 (5) the term ‘‘transferring project’’ means the 

15 multifamily housing project which is transferring 

16 some or all of the project-based assistance, debt and 

17 the statutorily required low-income and very low-in18 come use restrictions to the receiving project or 

19 projects; and 

20 (6) the term ‘‘Secretary’’ means the Secretary 

21 of Housing and Urban Development. 

22 (e) The Secretary shall publish by notice in the Fed23 eral Register the terms and conditions, including criteria 

24 for HUD approval, of transfers pursuant to this section 
137 

•S 2322 PCS

1 no later than 30 days before the effective date of such 

2 notice. 

3 SEC. 213. The funds made available for Native Alas4 kans under the heading ‘‘Native American Housing Block 

5 Grants’’ in title III of this Act shall be allocated to the 

6 same Native Alaskan housing block grant recipients that 

7 received funds in fiscal year 2005. 

8 SEC. 214. No funds provided under this title may be 

9 used for an audit of the Government National Mortgage 

10 Association that makes applicable requirements under the 

11 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

12 SEC. 215. (a) No assistance shall be provided under 

13 section 8 of the United States Housing Act of 1937 (42 

14 U.S.C. 1437f) to any individual who— 

15 (1) is enrolled as a student at an institution of 

16 higher education (as defined under section 102 of 

17 the Higher Education Act of 1965 (20 U.S.C. 

18 1002)); 

19 (2) is under 24 years of age; 

20 (3) is not a veteran; 

21 (4) is unmarried; 

22 (5) does not have a dependent child; 

23 (6) is not a person with disabilities, as such 

24 term is defined in section 3(b)(3)(E) of the United 

25 States Housing Act of 1937 (42 U.S.C. 
138 

•S 2322 PCS

1 1437a(b)(3)(E)) and was not receiving assistance 

2 under such section 8 as of November 30, 2005; and 

3 (7) is not otherwise individually eligible, or has 

4 parents who, individually or jointly, are not eligible, 

5 to receive assistance under section 8 of the United 

6 States Housing Act of 1937 (42 U.S.C. 1437f). 

7 (b) For purposes of determining the eligibility of a 

8 person to receive assistance under section 8 of the United 

9 States Housing Act of 1937 (42 U.S.C. 1437f), any finan10 cial assistance (in excess of amounts received for tuition 

11 and any other required fees and charges) that an indi12 vidual receives under the Higher Education Act of 1965 

13 (20 U.S.C. 1001 et seq.), from private sources, or an insti14 tution of higher education (as defined under the Higher 

15 Education Act of 1965 (20 U.S.C. 1002)), shall be consid16 ered income to that individual, except for a person over 

17 the age of 23 with dependent children. 

18 SEC. 216. Notwithstanding the limitation in the first 

19 sentence of section 255(g) of the National Housing Act 

20 (12 U.S.C. 1715z–g), the Secretary of Housing and Urban 

21 Development may, until September 30, 2013, insure and 

22 enter into commitments to insure mortgages under section 

23 255(g) of the National Housing Act (12 U.S.C. 1715z– 

24 20). 
139 

•S 2322 PCS

1 SEC. 217. Notwithstanding any other provision of 

2 law, in fiscal year 2013, in managing and disposing of any 

3 multifamily property that is owned or has a mortgage held 

4 by the Secretary of Housing and Urban Development, and 

5 during the process of foreclosure on any property with a 

6 contract for rental assistance payments under section 8 

7 of the United States Housing Act of 1937 or other Fed8 eral programs, the Secretary shall maintain any rental as9 sistance payments under section 8 of the United States 

10 Housing Act of 1937 and other programs that are at11 tached to any dwelling units in the property. To the extent 

12 the Secretary determines, in consultation with the tenants 

13 and the local government, that such a multifamily prop14 erty owned or held by the Secretary is not feasible for con15 tinued rental assistance payments under such section 8 

16 or other programs, based on consideration of (1) the costs 

17 of rehabilitating and operating the property and all avail18 able Federal, State, and local resources, including rent ad19 justments under section 524 of the Multifamily Assisted 

20 Housing Reform and Affordability Act of 1997 

21 (‘‘MAHRAA’’) and (2) environmental conditions that can22 not be remedied in a cost-effective fashion, the Secretary 

23 may, in consultation with the tenants of that property, 

24 contract for project-based rental assistance payments with 

25 an owner or owners of other existing housing properties, 
140 

•S 2322 PCS

1 or provide other rental assistance. The Secretary shall also 

2 take appropriate steps to ensure that project-based con3 tracts remain in effect prior to foreclosure, subject to the 

4 exercise of contractual abatement remedies to assist relo5 cation of tenants for imminent major threats to health and 

6 safety after written notice to and informed consent of the 

7 affected tenants and use of other available remedies, such 

8 as partial abatements or receivership. After disposition of 

9 any multifamily property described under this section, the 

10 contract and allowable rent levels on such properties shall 

11 be subject to the requirements under section 524 of 

12 MAHRAA. 

13 SEC. 218. During fiscal year 2013, in the provision 

14 of rental assistance under section 8(o) of the United 

15 States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con16 nection with a program to demonstrate the economy and 

17 effectiveness of providing such assistance for use in as18 sisted living facilities that is carried out in the counties 

19 of the State of Michigan notwithstanding paragraphs (3) 

20 and (18)(B)(iii) of such section 8(o), a family residing in 

21 an assisted living facility in any such county, on behalf 

22 of which a public housing agency provides assistance pur23 suant to section 8(o)(18) of such Act, may be required, 

24 at the time the family initially receives such assistance, 

25 to pay rent in an amount exceeding 40 percent of the 
141 

•S 2322 PCS

1 monthly adjusted income of the family by such a percent2 age or amount as the Secretary of Housing and Urban 

3 Development determines to be appropriate. 

4 SEC. 219. The Secretary of Housing and Urban De5 velopment shall report quarterly to the House of Rep6 resentatives and Senate Committees on Appropriations on 

7 HUD’s use of all sole-source contracts, including terms 

8 of the contracts, cost, and a substantive rationale for 

9 using a sole-source contract. 

10 SEC. 220. Notwithstanding any other provision of 

11 law, the recipient of a grant under section 202b of the 

12 Housing Act of 1959 (12 U.S.C. 1701q) after December 

13 26, 2000, in accordance with the unnumbered paragraph 

14 at the end of section 202(b) of such Act, may, at its op15 tion, establish a single-asset nonprofit entity to own the 

16 project and may lend the grant funds to such entity, which 

17 may be a private nonprofit organization described in sec18 tion 831 of the American Homeownership and Economic 

19 Opportunity Act of 2000. 

20 SEC. 221. The commitment authority funded by fees 

21 as provided under the subheading ‘‘Program Account’’ 

22 under the heading ‘‘Community Development Loan Guar23 antees’’ may be used to guarantee, or make commitments 

24 to guarantee, notes, or other obligations issued by any 

25 State on behalf of non-entitlement communities in the 
142 

•S 2322 PCS

1 State in accordance with the requirements of section 108 

2 of the Housing and Community Development Act of 1974: 

3 Provided, That any State receiving such a guarantee or 

4 commitment shall distribute all funds subject to such 

5 guarantee to the units of general local government in non6 entitlement areas that received the commitment. 

7 SEC. 222. Section 24 of the United States Housing 

8 Act of 1937 (42 U.S.C. 1437v) is amended— 

9 (1) in subsection (m)(1), by striking ‘‘fiscal 

10 year’’ and all that follows through the period at the 

11 end and inserting ‘‘fiscal year 2013.’’; and 

12 (2) in subsection (o), by striking ‘‘September’’ 

13 and all that follows through the period at the end 

14 and inserting ‘‘September 30, 2013.’’. 

15 SEC. 223. Public housing agencies that own and oper16 ate 400 or fewer public housing units may elect to be ex17 empt from any asset management requirement imposed by 

18 the Secretary of Housing and Urban Development in con19 nection with the operating fund rule: Provided, That an 

20 agency seeking a discontinuance of a reduction of subsidy 

21 under the operating fund formula shall not be exempt 

22 from asset management requirements. 

23 SEC. 224. With respect to the use of amounts pro24 vided in this Act and in future Acts for the operation, cap25 ital improvement and management of public housing as 
143 

•S 2322 PCS

1 authorized by sections 9(d) and 9(e) of the United States 

2 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

3 Secretary shall not impose any requirement or guideline 

4 relating to asset management that restricts or limits in 

5 any way the use of capital funds for central office costs 

6 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

7 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro8 vided, That a public housing agency may not use capital 

9 funds authorized under section 9(d) for activities that are 

10 eligible under section 9(e) for assistance with amounts 

11 from the operating fund in excess of the amounts per12 mitted under section 9(g)(1) or 9(g)(2). 

13 SEC. 225. No official or employee of the Department 

14 of Housing and Urban Development shall be designated 

15 as an allotment holder unless the Office of the Chief Fi16 nancial Officer has determined that such allotment holder 

17 has implemented an adequate system of funds control and 

18 has received training in funds control procedures and di19 rectives. The Chief Financial Officer shall ensure that, not 

20 later than 90 days after the date of enactment of this Act, 

21 a trained allotment holder shall be designated for each 

22 HUD subaccount under the heading ‘‘Administration, Op23 erations, and Management’’ as well as each account receiv24 ing appropriations for ‘‘Program Office Salaries and Ex-
144 

•S 2322 PCS

1 penses’’ within the Department of Housing and Urban 

2 Development. 

3 SEC. 226. (a) The Secretary of Housing and Urban 

4 Development shall take the required actions under sub5 section (b) when a multifamily housing project with a sec6 tion 8 contract or contract for similar project-based assist7 ance: 

8 (1) receives a Real Estate Assessment Center 

9 (REAC) score of 30 or less; or 

10 (2) receives a REAC score between 31 and 59 

11 and: 

12 (A) fails to certify in writing to HUD with13 in 60 days that all deficiencies have been cor14 rected; or 

15 (B) receives consecutive scores of less than 

16 60 on REAC inspections. 

17 Such requirements shall apply to insured and non18 insured projects with assistance attached to the units 

19 under section 8 of the united States housing Act of 1937 

20 (42 U.S.C. 1437f), but do not apply to such units assisted 

21 under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to 

22 public housing units assisted with capital or operating 

23 funds under section 9 of the United States Housing Act 

24 of 1937 (42 U.S.C. 1437g). 
145 

•S 2322 PCS

1 (b) The Secretary shall take the following required 

2 actions as authorized under subsection (a)— 

3 (1) The Secretary shall notify the owner and 

4 provide an opportunity for response within 30 days. 

5 If the violations remain, the Secretary shall develop 

6 a Compliance, Disposition and Enforcement Plan 

7 within 60 days, with a specified timetable for cor8 recting all deficiencies. The Secretary shall provide 

9 notice of the Plan to the owner, tenants, the local 

10 government, any mortgagees, and any contract ad11 ministrator. 

12 (2) At the end of the term of the Compliance, 

13 Disposition and Enforcement Plan, if the owner fails 

14 to fully comply with such plan, the Secretary may 

15 require immediate replacement of project manage16 ment with a management agent approved by the 

17 Secretary, and shall take one or more of the fol18 lowing actions, and provide additional notice of those 

19 actions to the owner and the parties specified above: 

20 (A) impose civil money penalties; 

21 (B) abate the section 8 contract, including 

22 partial abatement as determined by the Sec23 retary, until all deficiencies have been corrected; 

24 (C) pursue transfer of the project to an 

25 owner, approved by the Secretary under estab-
146 

•S 2322 PCS

1 lished procedures, which will be obligated to 

2 promptly make all required repairs and to ac3 cept renewal of the assistance contract as long 

4 as such renewal is offered; or 

5 (D) seek judicial appointment of a receiver 

6 to manage the property and cure all project de7 ficiencies or seek a judicial order of specific per8 formance requiring the owner to cure all project 

9 deficiencies. 

10 (c) The Secretary shall also take appropriate steps 

11 to ensure that project-based contracts remain in effect, 

12 subject to the exercise of contractual abatement remedies 

13 to assist relocation of tenants for imminent major threats 

14 to health and safety after written notice to and informed 

15 consent of the affected tenants and use of other remedies 

16 set forth above. To the extent the Secretary determines, 

17 in consultation with the tenants and the local government, 

18 that the property is not feasible for continued rental as19 sistance payments under such section 8 or other programs, 

20 based on consideration of (1) the costs of rehabilitating 

21 and operating the property and all available Federal, 

22 State, and local resources, including rent adjustments 

23 under section 524 of the Multifamily Assisted Housing 

24 Reform and Affordability Act of 1997 (‘‘MAHRAA’’) and 

25 (2) environmental conditions that cannot be remedied in 
147 

•S 2322 PCS

1 a cost-effective fashion, the Secretary may, in consultation 

2 with the tenants of that property, contract for project3 based rental assistance payments with an owner or owners 

4 of other existing housing properties, or provide other rent5 al assistance. The Secretary shall report semi-annually on 

6 all properties covered by this section that are assessed 

7 through the Real Estate Assessment Center and have 

8 physical inspection scores of less than 30 or have consecu9 tive physical inspection scores of less than 60. The report 

10 shall include: 

11 (1) The enforcement actions being taken to ad12 dress such conditions, including imposition of civil 

13 money penalties and termination of subsidies, and 

14 identify properties that have such conditions mul15 tiple times; and 

16 (2) Actions that the Department of Housing 

17 and Urban Development is taking to protect tenants 

18 of such identified properties. 

19 SEC. 227. Payment of attorney fees in program-re20 lated litigation must be paid from individual program of21 fice personnel benefits and compensation funding. The an22 nual budget submission for program office personnel ben23 efit and compensation funding must include program-re24 lated litigation costs for attorney fees as a separate line 

25 item request. 
148 

•S 2322 PCS

1 SEC. 228. The Secretary of the Department of Hous2 ing and Urban Development shall for fiscal year 2013 and 

3 subsequent fiscal years, notify the public through the Fed4 eral Register and other means, as determined appropriate, 

5 of the issuance of a notice of the availability of assistance 

6 or notice of funding availability (NOFA) for any program 

7 or discretionary fund administered by the Secretary that 

8 is to be competitively awarded. Notwithstanding any other 

9 provision of law, for fiscal year 2013 and subsequent fiscal 

10 years, the Secretary may make the NOFA available only 

11 on the Internet at the appropriate Government Web site 

12 or through other electronic media, as determined by the 

13 Secretary. 

14 SEC. 229. The proviso under the ‘‘Community Devel15 opment Fund’’ heading in Public Laws 109–148, 109– 

16 234, 110–252, and 110–329 which requires the Secretary 

17 to establish procedures to prevent duplication of benefits 

18 and to report to the Committees on Appropriations on all 

19 steps to prevent fraud and abuse is amended by striking 

20 ‘‘quarterly’’ and inserting ‘‘annually’’. 

21 SEC. 230. The Secretary of the Department of Hous22 ing and Urban Development is authorized to transfer up 

23 to 5 percent or $5,000,000, whichever is less, of the funds 

24 appropriated for any office funded under the heading ‘‘Ad25 ministration, Operations, and Management’’ to any other 
149 

•S 2322 PCS

1 office funded under such heading: Provided, That no ap2 propriation for any office funded under the heading ‘‘Ad3 ministration, Operations, and Management’’ shall be in4 creased or decreased by more than 5 percent or 

5 $5,000,000, whichever is less, without prior written ap6 proval of the House and Senate Committees on Appropria7 tions: Provided further, That the Secretary is authorized 

8 to transfer up to 5 percent or $5,000,000, whichever is 

9 less, of the funds appropriated for any account funded 

10 under the general heading ‘‘Program Office Salaries and 

11 Expenses’’ to any other account funded under such head12 ing: Provided further, That no appropriation for any ac13 count funded under the general heading ‘‘Program Office 

14 Salaries and Expenses’’ shall be increased or decreased by 

15 more than 5 percent or $5,000,000, whichever is less, 

16 without prior written approval of the House and Senate 

17 Committees on Appropriations: Provided further, That the 

18 Secretary may transfer funds made available for salaries 

19 and expenses between any office funded under the heading 

20 ‘‘Administration, Operations and Management’’ and any 

21 account funded under the general heading ‘‘Program Of22 fice Salaries and Expenses’’, but only with the prior writ23 ten approval of the House and Senate Committees on Ap24 propriations. 
150 

•S 2322 PCS

1 SEC. 231. The Disaster Housing Assistance Pro2 grams, administered by the Department of Housing and 

3 Urban Development, shall be considered a ‘‘program of 

4 the Department of Housing and Urban Development’’ 

5 under section 904 of the McKinney Act for the purpose 

6 of income verifications and matching. 

7 SEC. 232. Of the amounts made available for salaries 

8 and expenses under all accounts under this title (except 

9 for the Office of Inspector General account), a total of 

10 up to $10,000,000 may be transferred to and merged with 

11 amounts made available in the ‘‘Working Capital Fund’’ 

12 account under this title. 

13 SEC. 233. Title II of division K of Public Law 110– 

14 161 is amended by striking the item related to ‘‘Flexible 

15 Subsidy Fund’’. 

16 SEC. 234. Paragraph (1) of section 242(i) of the Na17 tional Housing Act (12 U.S.C. 1715z–7(i)(1)) is amended 

18 by striking ‘‘July 31, 2011’’ and inserting ‘‘July 31, 

19 2016’’. 

20 SEC. 235. Subparagraph (A) of section 3(b)(6) of the 

21 United States Housing Act of 1937 (42 U.S.C. 

22 1437a(b)(6)(A)) is amended by inserting before the period 

23 at the end the following: ‘‘, or a consortium of such enti24 ties or bodies as approved by the Secretary’’. 
151 

•S 2322 PCS

1 SEC. 236. (a) Section 3(b) of the United States 

2 Housing Act of 1937 (42 U.S.C. 1437a) is amended— 

3 (1) in paragraph (2), by designating the first 

4 sentence as subparagraph (A), the second sentence 

5 as subparagraph (B), and the remaining sentences 

6 as subparagraph (D), and by inserting after sub7 paragraph (B) the following new subparagraph (C): 

8 ‘‘(C) The term extremely low-income fami9 lies means very low-income families whose in10 comes do not exceed the higher of— 

11 ‘‘(i) the poverty guidelines updated 

12 periodically by the Department of Health 

13 and Human Services under the authority 

14 of section 673(2) of the Community Serv15 ices Block Grant Act applicable to a family 

16 of the size involved (except that this clause 

17 shall not apply in the case of public hous18 ing agencies located in Puerto Rico or any 

19 other territory or possession of the United 

20 States); or 

21 ‘‘(ii) 30 percent of the median family 

22 income for the area, as determined by the 

23 Secretary, with adjustments for smaller 

24 and larger families (except that the Sec25 retary may establish income ceilings higher 
152 

•S 2322 PCS

1 or lower than 30 percent of the median for 

2 the area on the basis of the Secretary’s 

3 findings that such variations are necessary 

4 because of unusually high or low family in5 comes).’’; and 

6 (b) Section 16 of the United States Housing Act of 

7 1937 (42 U.S.C. 1437n) is amended— 

8 (1) in subsection (a)(2)(A); 

9 (2) in subsection (b)(1); and 

10 (3) in subsection (c)(3), by striking ‘‘families 

11 whose incomes’’ and all that follows through ‘‘low 

12 family incomes’’ and inserting ‘‘extremely low-in13 come families’’. 

14 SEC. 237. (a) Section 8(o)(8) of the United States 

15 Housing Act of 1937 (42 U.S.C. 1437f(o)(8)) is amend16 ed— 

17 (1) by redesignating subparagraph (E) as sub18 paragraph (G); and 

19 (2) by striking subparagraph (D) and inserting 

20 the following new subparagraphs: 

21 ‘‘(D) BIENNIAL INSPECTIONS.— 

22 ‘‘(i) REQUIREMENT.—Each public 

23 housing agency providing assistance under 

24 this subsection (or other entity, as pro25 vided in paragraph (11)) shall, for each as-
153 

•S 2322 PCS

1 sisted dwelling unit, make inspections not 

2 less often than biennially during the term 

3 of the housing assistance payments con4 tract for the unit to determine whether the 

5 unit is maintained in accordance with the 

6 requirements under subparagraph (A). 

7 ‘‘(ii) USE OF ALTERNATIVE INSPEC8 TION METHOD.—The requirements under 

9 clause (i) may be complied with by use of 

10 inspections that qualify as an alternative 

11 inspection method pursuant to subpara12 graph (E). 

13 ‘‘(iii) RECORDS.—The public housing 

14 agency (or other entity) shall retain the 

15 records of the inspection for a reasonable 

16 time and shall make the records available 

17 upon request to the Secretary, the Inspec18 tor General for the Department of Housing 

19 and Urban Development, and any auditor 

20 conducting an audit under section 5(h) of 

21 this Act. 

22 ‘‘(E) ALTERNATIVE INSPECTION METH23 OD.—An inspection of a property shall qualify 

24 as an alternative inspection method for pur25 poses of this subparagraph if— 
154 

•S 2322 PCS

1 ‘‘(i) the inspection was conducted pur2 suant to requirements under a Federal, 

3 State, or local housing program (including 

4 the Home investment partnership program 

5 under title II of the Cranston-Gonzalez 

6 National Affordable Housing Act and the 

7 low-income housing tax credit program 

8 under section 42 of the Internal Revenue 

9 Code of 1986); and 

10 ‘‘(ii) pursuant to such inspection, the 

11 property was determined to meet the 

12 standards or requirements regarding hous13 ing quality or safety applicable to prop14 erties assisted under such program, and, if 

15 a non-Federal standard or requirement 

16 was used, the public housing agency has 

17 certified to the Secretary that such stand18 ard or requirement provides the same (or 

19 greater) protection to occupants of dwell20 ing units meeting such standard or re21 quirement as would the housing quality 

22 standards under subparagraph (B). 

23 ‘‘(F) INTERIM INSPECTIONS.—Upon notifi24 cation to the public housing agency, by a family 

25 (on whose behalf tenant-based rental assistance 
155 

•S 2322 PCS

1 is provided under this subsection) or by a gov2 ernment official, that the dwelling unit for 

3 which such assistance is provided does not com4 ply with the housing quality standards under 

5 subparagraph (B), the public housing agency 

6 shall inspect the dwelling unit— 

7 ‘‘(i) in the case of any condition that 

8 is life-threatening, within 24 hours after 

9 the agency’s receipt of such notification; 

10 and 

11 ‘‘(ii) in the case of any condition that 

12 is not life-threatening, within 15 days after 

13 the agency’s receipt of such notification.’’. 

14 (b) EFFECTIVE DATE.—The amendments in sub15 section (a) shall take effect upon such date as the Sec16 retary determines, in the Secretary’s sole discretion, 

17 through the Secretary’s publication of such date in the 

18 Federal Register, as part of regulations promulgated, or 

19 a notice issued, by the Secretary to implement such 

20 amendments. 

21 SEC. 238. The fourth proviso under the ‘‘Rental As22 sistance Demonstration’’ heading of the Department of 

23 Housing and Urban Development Appropriations Act, 

24 2012 is amended by striking ‘‘or section 8(e)(2)’’. 
156 

•S 2322 PCS

1 SEC. 239. (a) Subsection (b) of section 225 of the 

2 Cranston-Gonzalez National Affordable Housing Act (42 

3 U.S.C. 12755) is amended by inserting at the end the fol4 lowing sentence: ‘‘Such 30 day waiting period is not re5 quired if the grounds for the termination or refusal to 

6 renew involve a direct threat to the safety of the tenants 

7 or employees of the housing, or an imminent and serious 

8 threat to the property (and the termination or refusal to 

9 renew is in accordance with the requirements of State or 

10 local law).’’. 

11 (b) Section 231 of the Cranston-Gonzalez National 

12 Affordable Housing Act (42 U.S.C. 12771) is amended— 

13 (1) in subsection (b) by striking ‘‘make such 

14 funds available by direct reallocation’’ and all that 

15 follows through ‘‘were recaptured’’ and inserting 

16 ‘‘reallocate the funds by formula in accordance with 

17 section 217(d) of this Act (42 U.S.C. 12747(d))’’; 

18 and 

19 (2) by striking subsection (c). 

20 This title may be cited as the ‘‘Department of Hous21 ing and Urban Development Appropriations Act, 2013’’. 
157 

•S 2322 PCS

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, $25,000,000. 

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 
158 

•S 2322 PCS

1 to carry out the provisions of the Inspector General Act 

2 of 1978, as amended, $19,000,000: 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 2014, the Inspector General shall submit 

23 to the House and Senate Committees on Appropriations 

24 a budget request for fiscal year 2014 in similar format 
159 

•S 2322 PCS

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), $102,400,000, 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), $135,300,000, of which 

24 $5,000,000 shall be for a multi-family rental housing pro25 gram: Provided, That in addition, $80,000,000 shall be 
160 

•S 2322 PCS

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 
161 

•S 2322 PCS

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-
162 

•S 2322 PCS

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 
163 

•S 2322 PCS

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 5 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. 
164 

•S 2322 PCS

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, $3,600,000. 

12 TITLE IV 

13 GENERAL PROVISIONS—THIS ACT 

14 SEC. 401. Such sums as may be necessary for fiscal 

15 year 2013 pay raises for programs funded in this Act shall 

16 be absorbed within the levels appropriated in this Act or 

17 previous appropriations Acts. 

18 SEC. 402. None of the funds in this Act shall be used 

19 for the planning or execution of any program to pay the 

20 expenses of, or otherwise compensate, non-Federal parties 

21 intervening in regulatory or adjudicatory proceedings 

22 funded in this Act. 

23 SEC. 403. None of the funds appropriated in this Act 

24 shall remain available for obligation beyond the current 
165 

•S 2322 PCS

1 fiscal year, nor may any be transferred to other appropria2 tions, unless expressly so provided herein. 

3 SEC. 404. The expenditure of any appropriation 

4 under this Act for any consulting service through procure5 ment contract pursuant to section 3109 of title 5, United 

6 States Code, shall be limited to those contracts where such 

7 expenditures are a matter of public record and available 

8 for public inspection, except where otherwise provided 

9 under existing law, or under existing Executive order 

10 issued pursuant to existing law. 

11 SEC. 405. Except as otherwise provided in this Act, 

12 none of the funds provided in this Act, provided by pre13 vious appropriations Acts to the agencies or entities fund14 ed in this Act that remain available for obligation or ex15 penditure in fiscal year 2013, or provided from any ac16 counts in the Treasury derived by the collection of fees 

17 and available to the agencies funded by this Act, shall be 

18 available for obligation or expenditure through a re19 programming of funds that: 

20 (1) creates a new program; 

21 (2) eliminates a program, project, or activity; 

22 (3) increases funds or personnel for any pro23 gram, project, or activity for which funds have been 

24 denied or restricted by the Congress; 
166 

•S 2322 PCS

1 (4) proposes to use funds directed for a specific 

2 activity by either the House or Senate Committees 

3 on Appropriations for a different purpose; 

4 (5) augments existing programs, projects, or ac5 tivities in excess of $5,000,000 or 10 percent, which6 ever is less; 

7 (6) reduces existing programs, projects, or ac8 tivities by $5,000,000 or 10 percent, whichever is 

9 less; or 

10 (7) creates, reorganizes, or restructures a 

11 branch, division, office, bureau, board, commission, 

12 agency, administration, or department different from 

13 the budget justifications submitted to the Commit14 tees on Appropriations or the table accompanying 

15 the explanatory statement accompanying this Act, 

16 whichever is more detailed, unless prior approval is 

17 received from the House and Senate Committees on 

18 Appropriations: Provided, That not later than 60 

19 days after the date of enactment of this Act, each 

20 agency funded by this Act shall submit a report to 

21 the Committees on Appropriations of the Senate and 

22 of the House of Representatives to establish the 

23 baseline for application of reprogramming and trans24 fer authorities for the current fiscal year: Provided 

25 further, That the report shall include: 
167 

•S 2322 PCS

1 (A) a table for each appropriation with a 

2 separate column to display the President’s 

3 budget request, adjustments made by Congress, 

4 adjustments due to enacted rescissions, if ap5 propriate, and the fiscal year enacted level; 

6 (B) a delineation in the table for each ap7 propriation both by object class and program, 

8 project, and activity as detailed in the budget 

9 appendix for the respective appropriation; and 

10 (C) an identification of items of special 

11 congressional interest: Provided further, That 

12 the amount appropriated or limited for salaries 

13 and expenses for an agency shall be reduced by 

14 $100,000 per day for each day after the re15 quired date that the report has not been sub16 mitted to the Congress. 

17 SEC. 406. Except as otherwise specifically provided 

18 by law, not to exceed 50 percent of unobligated balances 

19 remaining available at the end of fiscal year 2013 from 

20 appropriations made available for salaries and expenses 

21 for fiscal year 2013 in this Act, shall remain available 

22 through September 30, 2014, for each such account for 

23 the purposes authorized: Provided, That a request shall 

24 be submitted to the House and Senate Committees on Ap25 propriations for approval prior to the expenditure of such 
168 

•S 2322 PCS

1 funds: Provided further, That these requests shall be made 

2 in compliance with reprogramming guidelines under sec3 tion 405 of this Act. 

4 SEC. 407. All Federal agencies and departments that 

5 are funded under this Act shall issue a report to the House 

6 and Senate Committees on Appropriations on all sole7 source contracts by no later than July 30, 2013. Such re8 port shall include the contractor, the amount of the con9 tract and the rationale for using a sole-source contract. 

10 SEC. 408. (a) None of the funds made available in 

11 this Act may be obligated or expended for any employee 

12 training that— 

13 (1) does not meet identified needs for knowl14 edge, skills, and abilities bearing directly upon the 

15 performance of official duties; 

16 (2) contains elements likely to induce high lev17 els of emotional response or psychological stress in 

18 some participants; 

19 (3) does not require prior employee notification 

20 of the content and methods to be used in the train21 ing and written end of course evaluation; 

22 (4) contains any methods or content associated 

23 with religious or quasi-religious belief systems or 

24 ‘‘new age’’ belief systems as defined in Equal Em-
169 

•S 2322 PCS

1 ployment Opportunity Commission Notice N– 

2 915.022, dated September 2, 1988; or 

3 (5) is offensive to, or designed to change, par4 ticipants’ personal values or lifestyle outside the 

5 workplace. 

6 (b) Nothing in this section shall prohibit, restrict, or 

7 otherwise preclude an agency from conducting training 

8 bearing directly upon the performance of official duties. 

9 SEC. 409. No funds in this Act may be used to sup10 port any Federal, State, or local projects that seek to use 

11 the power of eminent domain, unless eminent domain is 

12 employed only for a public use: Provided, That for pur13 poses of this section, public use shall not be construed to 

14 include economic development that primarily benefits pri15 vate entities: Provided further, That any use of funds for 

16 mass transit, railroad, airport, seaport or highway projects 

17 as well as utility projects which benefit or serve the gen18 eral public (including energy-related, communication-re19 lated, water-related and wastewater-related infrastruc20 ture), other structures designated for use by the general 

21 public or which have other common-carrier or public-util22 ity functions that serve the general public and are subject 

23 to regulation and oversight by the government, and 

24 projects for the removal of an immediate threat to public 

25 health and safety or brownsfield as defined in the Small 
170 

•S 2322 PCS

1 Business Liability Relief and Brownsfield Revitalization 

2 Act (Public Law 107–118) shall be considered a public 

3 use for purposes of eminent domain. 

4 SEC. 410. None of the funds made available in this 

5 Act may be transferred to any department, agency, or in6 strumentality of the United States Government, except 

7 pursuant to a transfer made by, or transfer authority pro8 vided in, this Act or any other appropriations Act. 

9 SEC. 411. No part of any appropriation contained in 

10 this Act shall be available to pay the salary for any person 

11 filling a position, other than a temporary position, for12 merly held by an employee who has left to enter the Armed 

13 Forces of the United States and has satisfactorily com14 pleted his period of active military or naval service, and 

15 has within 90 days after his release from such service or 

16 from hospitalization continuing after discharge for a pe17 riod of not more than 1 year, made application for restora18 tion to his former position and has been certified by the 

19 Office of Personnel Management as still qualified to per20 form the duties of his former position and has not been 

21 restored thereto. 

22 SEC. 412. No funds appropriated pursuant to this 

23 Act may be expended by an entity unless the entity agrees 

24 that in expending the assistance the entity will comply 

25 with sections 2 through 4 of the Act of March 3, 1933 
171 

•S 2322 PCS

1 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer2 ican Act’’). 

3 SEC. 413. No funds appropriated or otherwise made 

4 available under this Act shall be made available to any 

5 person or entity that has been convicted of violating the 

6 Buy American Act (41 U.S.C. 10a–10c). 

7 SEC. 414. None of the funds made available in this 

8 Act may be used for first-class airline accommodations in 

9 contravention of sections 301–10.122 and 301–10.123 of 

10 title 41, Code of Federal Regulations. 

11 SEC. 415. None of the funds made available in this 

12 Act may be used to purchase a light bulb for an office 

13 building unless the light bulb has, to the extent prac14 ticable, an Energy Star or Federal Energy Management 

15 Program designation. 

16 SEC. 416. None of the funds made available under 

17 this Act or any prior Act may be provided to the Associa18 tion of Community Organizations for Reform Now 

19 (ACORN), or any of its affiliates, subsidiaries, or allied 

20 organizations. 

21 SEC. 417. Concurrent with the issuance of any notice 

22 of funding availability or any other notice designed to so23 licit applications for a program through which grants or 

24 credit assistance are awarded through a competitive proc25 ess, the Secretary of Transportation and the Secretary of 
172 

•S 2322 PCS

1 Housing and Urban Development shall post on their Web 

2 sites information about such program, including, but not 

3 limited to, the goals of the program, the criteria that will 

4 be used in awarding grants or credit assistance, and the 

5 process by which applications will be selected for the 

6 award of a grant or credit assistance: Provided, That con7 current with the public announcement of grants or credit 

8 assistance to be awarded through such competitive pro9 gram, the Secretary of Transportation and the Secretary 

10 of Housing and Urban Development shall post on their 

11 Web sites information on each applicant to be awarded 

12 a grant or credit assistance, including, but not limited to, 

13 the name and address of the applicant, the amount of the 

14 grant or credit assistance to be awarded, the amount of 

15 financing expected from other sources, and an explanation 

16 of how such award is consistent with program goals. 

17 SEC. 418. All agencies and departments funded by 

18 the Act shall send to Congress at the end of the fiscal 

19 year a report containing a complete inventory of the total 

20 number of vehicles owned, permanently retired, and pur21 chased during fiscal year 2013 as well as the total cost 

22 of the vehicle fleet, including maintenance, fuel, storage, 

23 purchasing, and leasing. 

24 SEC. 419. (a) The head of any department, agency, 

25 board or commission funded by this Act shall submit quar-
173 

•S 2322 PCS

1 terly reports to the Inspector General, or the senior ethics 

2 official for any entity without an inspector general, of the 

3 appropriate department, agency, board or commission re4 garding the costs and contracting procedures relating to 

5 each conference held by the department, agency, board or 

6 commission during fiscal year 2013 for which the cost to 

7 the United States Government was more than $20,000. 

8 (b) Each report submitted shall include, for each con9 ference held during the applicable quarter— 

10 (1) a description of the purpose of that con11 ference; 

12 (2) the number of participants attending that 

13 conference; 

14 (3) a detailed statement of the costs to the 

15 United States Government relating to that con16 ference, including— 

17 (A) the cost of any food or beverages; 

18 (B) the cost of any audio-visual services; 

19 and 

20 (C) a discussion of the methodology used 

21 to determine which costs relate to that con22 ference; and 

23 (4) a description of the contracting procedures 

24 relating to that conference, including— 
174 

•S 2322 PCS

1 (A) whether contracts were awarded on a 

2 competitive basis for that conference; and 

3 (B) a discussion of any cost comparison 

4 conducted by the department, agency, board or 

5 commission in evaluating potential contractors 

6 for that conference. 

7 (c) A grant or contract funded by amounts appro8 priated by this Act may not be used for the purpose of 

9 defraying the costs of a conference that is not directly and 

10 programmatically related to the purpose for which the 

11 grant or contract was awarded, such as a banquet or con12 ference held in connection with planning, training, assess13 ment, review, or other routine purposes related to a 

14 project funded by the grant or contract. 

15 SEC. 420. None of the funds made available in this 

16 Act may be used to send or otherwise pay for the attend17 ance of more than 50 employees of a single agency or de18 partment of the United States Government, who are sta19 tioned in the United States, at any single international 

20 conference unless the relevant Secretary reports to the 

21 Committees on Appropriations at least 5 days in advance 

22 that such attendance is important to the national interest: 

23 Provided, That for purposes of this section the term 

24 ‘‘international conference’’ shall mean a conference occur25 ring outside of the United States attended by representa-
175 

•S 2322 PCS

1 tives of the United States Government and of foreign gov2 ernments, international organizations, or nongovern3 mental organizations. 

4 This Act may be cited as the ‘‘Transportation, Hous5 ing and Urban Development, and Related Agencies Appro6 priations Act, 2013’’. 
Calendar No. 359 

112TH CONGRESS 

2D SESSION S. 2322 

[Report No. 112–157] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2013, and for other puropment, and related agencies for the fiscal year Transportation, and Housing and Urban DevelAPRIL 19, 2012 

Read twice and placed on the calendar