IB 

Union Calendar No. 472 

114TH CONGRESS 

2D SESSION H. R. 5394 

[Report No. 114–606] 

Making appropriations for the Departments of Transportation, and Housing 

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

September 30, 2017, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 7, 2016 

Mr. DIAZ-BALART, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 

A BILL 

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

2017, and for other purposes. 


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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 

6 Development, and related agencies for the fiscal year end7 ing September 30, 2017, and for other purposes, namely: 

8 TITLE I 

9 DEPARTMENT OF TRANSPORTATION 

10 OFFICE OF THE SECRETARY

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of the Secretary, 

13 $112,000,000, of which not to exceed $2,758,000 shall be 

14 available for the immediate Office of the Secretary; not 

15 to exceed $1,040,000 shall be available for the immediate 

16 Office of the Deputy Secretary; not to exceed $20,772,000 

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

18 not to exceed $10,033,000 shall be available for the Office 

19 of the Under Secretary of Transportation for Policy; not 

20 to exceed $14,019,000 shall be available for the Office of 

21 the Assistant Secretary for Budget and Programs; not to 

22 exceed $2,546,000 shall be available for the Office of the 

23 Assistant Secretary for Governmental Affairs; not to ex24 ceed $29,356,000 shall be available for the Office of the 

25 Assistant Secretary for Administration; not to exceed 


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1 $2,142,000 shall be available for the Office of Public Af2 fairs; not to exceed $1,760,000 shall be available for the 

3 Office of the Executive Secretariat; not to exceed 

4 $11,089,000 shall be available for the Office of Intel5 ligence, Security, and Emergency Response; and not to ex6 ceed $16,485,000 shall be available for the Office of the 

7 Chief Information Officer: Provided, That the Secretary 

8 of Transportation is authorized to transfer funds appro9 priated for any office of the Office of the Secretary to any 

10 other office of the Office of the Secretary: Provided fur11 ther, That no appropriation for any office shall be in12 creased or decreased by more than 5 percent by all such 

13 transfers: Provided further, That notice of any change in 

14 funding greater than 5 percent shall be submitted for ap15 proval to the House and Senate Committees on Appropria16 tions: Provided further, That not to exceed $60,000 shall 

17 be for allocation within the Department for official recep18 tion and representation expenses as the Secretary may de19 termine: Provided further, That notwithstanding any other 

20 provision of law, excluding fees authorized in Public Law 

21 107–71, there may be credited to this appropriation up 

22 to $2,500,000 in funds received in user fees: Provided fur23 ther, That none of the funds provided in this Act shall 

24 be available for the position of Assistant Secretary for 

25 Public Affairs. 


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1 RESEARCH AND TECHNOLOGY

2 For necessary expenses related to the Office of the 

3 Assistant Secretary for Research and Technology, 

4 $13,000,000, of which $8,218,000 shall remain available 

5 until September 30, 2019: Provided, That there may be 

6 credited to this appropriation, to be available until ex7 pended, funds received from States, counties, municipali8 ties, other public authorities, and private sources for ex9 penses incurred for training: Provided further, That any 

10 reference in law, regulation, judicial proceedings, or else11 where to the Research and Innovative Technology Admin12 istration shall continue to be deemed to be a reference to 

13 the Office of the Assistant Secretary for Research and 

14 Technology of the Department of Transportation. 

15 NATIONAL INFRASTRUCTURE INVESTMENTS

16 For capital investments in surface transportation in17 frastructure, $450,000,000, to remain available through 

18 September 30, 2020: Provided, That the Secretary of 

19 Transportation shall distribute funds provided under this 

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

21 local government, transit agency, or a collaboration among 

22 such entities on a competitive basis for projects that will 

23 have a significant impact on the Nation, a metropolitan 

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

25 for funding provided under this heading shall include, but 


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

2 title 23, United States Code; public transportation 

3 projects eligible under chapter 53 of title 49, United 

4 States Code; passenger and freight rail transportation 

5 projects; and port infrastructure investments (including 

6 inland port infrastructure and land ports of entry): Pro7 vided further, That the Secretary may use up to 20 per8 cent of the funds made available under this heading for 

9 the purpose of paying the subsidy and administrative costs 

10 of projects eligible for Federal credit assistance under 

11 chapter 6 of title 23, United States Code, if the Secretary 

12 finds that such use of the funds would advance the pur13 poses of this paragraph: Provided further, That in distrib14 uting funds provided under this heading, the Secretary 

15 shall take such measures so as to ensure an equitable geo16 graphic distribution of funds, an appropriate balance in 

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

18 investment in a variety of transportation modes: Provided 

19 further, That a grant funded under this heading shall be 

20 not less than $5,000,000 and not greater than 

21 $100,000,000: Provided further, That not more than 20 

22 percent of the funds made available under this heading 

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

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

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


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

2 That the Secretary shall give priority to projects that re3 quire a contribution of Federal funds in order to complete 

4 an overall financing package: Provided further, That not 

5 less than 20 percent of the funds provided under this 

6 heading shall be for projects located in rural areas: Pro7 vided further, That for projects located in rural areas, the 

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

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

10 Provided further, That projects conducted using funds pro11 vided under this heading must comply with the require12 ments of subchapter IV of chapter 31 of title 40, United 

13 States Code: Provided further, That the Secretary shall 

14 conduct a new competition to select the grants and credit 

15 assistance awarded under this heading: Provided further, 

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

17 funds provided under this heading, and may transfer por18 tions of those funds to the Administrators of the Federal 

19 Highway Administration, the Federal Transit Administra20 tion, the Federal Railroad Administration and the Mari21 time Administration, to fund the award and oversight of 

22 grants and credit assistance made under the National In23 frastructure Investments program. 


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1 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE

2 FINANCE BUREAU

3 For necessary expenses for the establishment and ad4 ministration of a new National Surface Transportation 

5 and Innovative Finance Bureau (the Bureau) within the 

6 Office of the Secretary of Transportation, $3,000,000, to 

7 remain available until expended: Provided, That the Sec8 retary of Transportation shall use such amount for the 

9 necessary expenses to establish the Bureau and to fulfill 

10 the responsibilities of the Bureau, as detailed in section 

11 9001 of the Fixing America’s Surface Transportation 

12 (FAST) Act (Public Law 114-94) (49 U.S.C. 116). 

13 FINANCIAL MANAGEMENT CAPITAL

14 For necessary expenses for upgrading and enhancing 

15 the Department of Transportation’s financial systems and 

16 re-engineering business processes, $4,000,000, to remain 

17 available through September 30, 2018. 

18 CYBER SECURITY INITIATIVES

19 For necessary expenses for cyber security initiatives, 

20 including necessary upgrades to wide area network and 

21 information technology infrastructure, improvement of 

22 network perimeter controls and identity management, 

23 testing and assessment of information technology against 

24 business, security, and other requirements, implementa25 tion of Federal cyber security initiatives and information 


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1 infrastructure enhancements, and implementation of en2 hanced security controls on network devices, $15,000,000, 

3 to remain available through September 30, 2018. 

4 OFFICE OF CIVIL RIGHTS

5 For necessary expenses of the Office of Civil Rights, 

6 $9,751,000. 

7 TRANSPORTATION PLANNING, RESEARCH, AND

8 DEVELOPMENT

9 For necessary expenses for conducting transportation 

10 planning, research, systems development, development ac11 tivities, and making grants, to remain available until ex12 pended, $12,000,000: Provided, That of such amount, 

13 $3,000,000 shall be for necessary expenses of the Inter14 agency Infrastructure Permitting Improvement Center 

15 (IIPIC): Provided further, That there may be transferred 

16 to this appropriation, to remain available until expended, 

17 amounts from other Federal agencies for expenses in18 curred under this heading for IIPIC activities not related 

19 to transportation infrastructure: Provided further, That 

20 the tools and analysis developed by the IIPIC shall be 

21 available to other Federal agencies for the permitting and 

22 review of major infrastructure projects not related to 

23 transportation only to the extent that other Federal agen24 cies provide funding to the Department as provided for 

25 under the previous proviso. 


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1 WORKING CAPITAL FUND

2 For necessary expenses for operating costs and cap3 ital outlays of the Working Capital Fund, not to exceed 

4 $190,389,000 shall be paid from appropriations made 

5 available to the Department of Transportation: Provided, 

6 That such services shall be provided on a competitive basis 

7 to entities within the Department of Transportation: Pro8 vided further, That the above limitation on operating ex9 penses shall not apply to non-DOT entities: Provided fur10 ther, That no funds appropriated in this Act to an agency 

11 of the Department shall be transferred to the Working 

12 Capital Fund without majority approval of the Working 

13 Capital Fund Steering Committee and approval of the 

14 Secretary: Provided further, That no assessments may be 

15 levied against any program, budget activity, subactivity or 

16 project funded by this Act unless notice of such assess17 ments and the basis therefor are presented to the House 

18 and Senate Committees on Appropriations and are ap19 proved by such Committees. 

20 MINORITY BUSINESS RESOURCE CENTER PROGRAM

21 For the cost of guaranteed loans, $339,000, as au22 thorized by 49 U.S.C. 332: Provided, That such costs, in23 cluding the cost of modifying such loans, shall be as de24 fined in section 502 of the Congressional Budget Act of 

25 1974: Provided further, That these funds are available to 


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

2 guaranteed, not to exceed $18,367,000. 

3 In addition, for administrative expenses to carry out 

4 the guaranteed loan program, $602,000. 

5 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND

6 OUTREACH

7 For necessary expenses for small and disadvantaged 

8 business utilization and outreach activities, $4,646,000, to 

9 remain available until September 30, 2018: Provided, 

10 That notwithstanding 49 U.S.C. 332, these funds may be 

11 used for business opportunities related to any mode of 

12 transportation. 

13 PAYMENTS TO AIR CARRIERS

14 (AIRPORT AND AIRWAY TRUST FUND)

15 In addition to funds made available from any other 

16 source to carry out the essential air service program under 

17 49 U.S.C. 41731 through 41742, $150,000,000, to be de18 rived from the Airport and Airway Trust Fund, to remain 

19 available until expended: Provided, That in determining 

20 between or among carriers competing to provide service 

21 to a community, the Secretary may consider the relative 

22 subsidy requirements of the carriers: Provided further, 

23 That basic essential air service minimum requirements 

24 shall not include the 15-passenger capacity requirement 

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


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1 Code: Provided further, That none of the funds in this Act 

2 or any other Act shall be used to enter into a new contract 

3 with a community located less than 40 miles from the 

4 nearest small hub airport before the Secretary has nego5 tiated with the community over a local cost share: Pro6 vided further, That amounts authorized to be distributed 

7 for the essential air service program under subsection 

8 41742(b) of title 49, United States Code, shall be made 

9 available immediately from amounts otherwise provided to 

10 the Administrator of the Federal Aviation Administration: 

11 Provided further, That the Administrator may reimburse 

12 such amounts from fees credited to the account estab13 lished under section 45303 of title 49, United States Code. 

14 ADMINISTRATIVE PROVISIONS

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

16 Act to the Department of Transportation may be obligated 

17 for the Office of the Secretary of Transportation to ap18 prove assessments or reimbursable agreements pertaining 

19 to funds appropriated to the modal administrations in this 

20 Act, except for activities underway on the date of enact21 ment of this Act, unless such assessments or agreements 

22 have completed the normal reprogramming process for 

23 Congressional notification. 

24 SEC. 102. Notwithstanding section 3324 of title 31, 

25 United States Code, in addition to authority provided by 


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

4 to carry out the Federal transit pass transportation fringe 

5 benefit program under Executive Order 13150 and section 

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

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

10 SEC. 103. The Secretary shall post on the Web site 

11 of the Department of Transportation a schedule of all 

12 meetings of the Credit Council, including the agenda for 

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

14 decisions and actions of each meeting. 

15 FEDERAL AVIATION ADMINISTRATION

16 OPERATIONS

17 (AIRPORT AND AIRWAY TRUST FUND)

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 

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1 cles for replacement only, in addition to amounts made 

2 available by Public Law 112–95, $9,994,352,000 of which 

3 $9,049,000,000 shall be derived from the Airport and Air4 way Trust Fund, of which not to exceed $7,539,785,000 

5 shall be available for air traffic organization activities; not 

6 to exceed $1,291,982,000 shall be available for aviation 

7 safety activities; not to exceed $19,826,000 shall be avail8 able for commercial space transportation activities; not to 

9 exceed $770,342,000 shall be available for finance and 

10 management activities; not to exceed $60,155,000 shall be 

11 available for NextGen and operations planning activities; 

12 not to exceed $107,161,000 shall be available for security 

13 and hazardous materials safety; and not to exceed 

14 $205,101,000 shall be available for staff offices: Provided, 

15 That not to exceed 2 percent of any budget activity, except 

16 for aviation safety budget activity, may be transferred to 

17 any budget activity under this heading: Provided further, 

18 That no transfer may increase or decrease any appropria19 tion by more than 2 percent: Provided further, That any 

20 transfer in excess of 2 percent shall be treated as a re21 programming of funds under section 405 of this Act and 

22 shall not be available for obligation or expenditure except 

23 in compliance with the procedures set forth in that section: 

24 Provided further, That not later than March 31 of each 

25 fiscal year hereafter, the Administrator of the Federal 


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1 Aviation Administration shall transmit to Congress an an2 nual update to the report submitted to Congress in De3 cember 2004 pursuant to section 221 of Public Law 108– 

4 176: Provided further, That the amount herein appro5 priated shall be reduced by $100,000 for each day after 

6 March 31 that such report has not been submitted to the 

7 Congress: Provided further, That not later than March 31 

8 of each fiscal year hereafter, the Administrator shall 

9 transmit to Congress a companion report that describes 

10 a comprehensive strategy for staffing, hiring, and training 

11 flight standards and aircraft certification staff in a format 

12 similar to the one utilized for the controller staffing plan, 

13 including stated attrition estimates and numerical hiring 

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

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

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

17 submitted to Congress: Provided further, That funds may 

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

19 standard-setting organization to assist in the development 

20 of aviation safety standards: Provided further, That none 

21 of the funds in this Act shall be available for new appli22 cants for the second career training program: Provided 

23 further, That none of the funds in this Act shall be avail24 able for the Federal Aviation Administration to finalize 

25 or implement any regulation that would promulgate new 


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1 aviation user fees not specifically authorized by law after 

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

3 That there may be credited to this appropriation, as off4 setting collections, funds received from States, counties, 

5 municipalities, foreign authorities, other public authori6 ties, and private sources for expenses incurred in the pro7 vision of agency services, including receipts for the mainte8 nance and operation of air navigation facilities, and for 

9 issuance, renewal or modification of certificates, including 

10 airman, aircraft, and repair station certificates, or for 

11 tests related thereto, or for processing major repair or al12 teration forms: Provided further, That of the funds appro13 priated under this heading, not less than $159,000,000 

14 shall be for the contract tower program, including the con15 tract tower cost share program: Provided further, That 

16 none of the funds in this Act for aeronautical charting 

17 and cartography are available for activities conducted by, 

18 or coordinated through, the Working Capital Fund. 

19 FACILITIES AND EQUIPMENT

20 (AIRPORT AND AIRWAY TRUST FUND)

21 For necessary expenses, not otherwise provided for, 

22 for acquisition, establishment, technical support services, 

23 improvement by contract or purchase, and hire of national 

24 airspace systems and experimental facilities and equip25 ment, as authorized under part A of subtitle VII of title 


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1 49, United States Code, including initial acquisition of 

2 necessary sites by lease or grant; engineering and service 

3 testing, including construction of test facilities and acqui4 sition of necessary sites by lease or grant; construction 

5 and furnishing of quarters and related accommodations 

6 for officers and employees of the Federal Aviation Admin7 istration stationed at remote localities where such accom8 modations are not available; and the purchase, lease, or 

9 transfer of aircraft from funds available under this head10 ing, including aircraft for aviation regulation and certifi11 cation; to be derived from the Airport and Airway Trust 

12 Fund, $2,838,000,000, of which $486,000,000 shall re13 main available until September 30, 2017, and 

14 $2,352,000,000 shall remain available until September 30, 

15 2019: Provided, That there may be credited to this appro16 priation funds received from States, counties, municipali17 ties, other public authorities, and private sources, for ex18 penses incurred in the establishment, improvement, and 

19 modernization of national airspace systems: Provided fur20 ther, That no later than March 31, the Secretary of Trans21 portation shall transmit to the Congress an investment 

22 plan for the Federal Aviation Administration which in23 cludes funding for each budget line item for fiscal years 

24 2018 through 2022, with total funding for each year of 

25 the plan constrained to the funding targets for those years 


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1 as estimated and approved by the Office of Management 

2 and Budget. 

3 RESEARCH, ENGINEERING, AND DEVELOPMENT

4 (AIRPORT AND AIRWAY TRUST FUND)

5 For necessary expenses, not otherwise provided for, 

6 for research, engineering, and development, as authorized 

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

8 Code, including construction of experimental facilities and 

9 acquisition of necessary sites by lease or grant, 

10 $167,500,000, to be derived from the Airport and Airway 

11 Trust Fund and to remain available until September 30, 

12 2019: Provided, That there may be credited to this appro13 priation as offsetting collections, funds received from 

14 States, counties, municipalities, other public authorities, 

15 and private sources, which shall be available for expenses 

16 incurred for research, engineering, and development. 

17 GRANTS-IN-AID FOR AIRPORTS

18 (LIQUIDATION OF CONTRACT AUTHORIZATION)

19 (LIMITATION ON OBLIGATIONS)

20 (AIRPORT AND AIRWAY TRUST FUND)

21 For liquidation of obligations incurred for grants-in22 aid for airport planning and development, and noise com23 patibility planning and programs as authorized under sub24 chapter I of chapter 471 and subchapter I of chapter 475 

25 of title 49, United States Code, and under other law auVerDate Sep 11 2014 22:01 Jun 07, 2016 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.RH H5394

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1 thorizing such obligations; for procurement, installation, 

2 and commissioning of runway incursion prevention devices 

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

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

5 for inspection activities and administration of airport safe6 ty programs, including those related to airport operating 

7 certificates under section 44706 of title 49, United States 

8 Code, $3,750,000,000, to be derived from the Airport and 

9 Airway Trust Fund and to remain available until ex10 pended: Provided, That none of the funds under this head11 ing shall be available for the planning or execution of pro12 grams the obligations for which are in excess of 

13 $3,350,000,000 in fiscal year 2017, notwithstanding sec14 tion 47117(g) of title 49, United States Code: Provided 

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

16 be available for the replacement of baggage conveyor sys17 tems, reconfiguration of terminal baggage areas, or other 

18 airport improvements that are necessary to install bulk ex19 plosive detection systems: Provided further, That notwith20 standing any other provision of law, of funds limited under 

21 this heading, not more than $107,691,000 shall be obli22 gated for administration, not less than $15,000,000 shall 

23 be available for the Airport Cooperative Research Pro24 gram, not less than $31,375,000 shall be available for Air25 port Technology Research. 


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1 ADMINISTRATIVE PROVISIONS

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

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

4 the federally funded research and development center con5 tract between the Federal Aviation Administration and the 

6 Center for Advanced Aviation Systems Development dur7 ing fiscal year 2017. 

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

9 to pursue or adopt guidelines or regulations requiring air10 port sponsors to provide to the Federal Aviation Adminis11 tration without cost building construction, maintenance, 

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

13 buildings for services relating to air traffic control, air 

14 navigation, or weather reporting: Provided, That the pro15 hibition of funds in this section does not apply to negotia16 tions between the agency and airport sponsors to achieve 

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

18 grant assurances that require airport sponsors to provide 

19 land without cost to the FAA for air traffic control facili20 ties. 

21 SEC. 112. The Administrator of the Federal Aviation 

22 Administration may reimburse amounts made available to 

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

24 49 U.S.C. 45303 and any amount remaining in such ac25 count at the close of that fiscal year may be made available 


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1 to satisfy section 41742(a)(1) for the subsequent fiscal 

2 year. 

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

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

5 appropriation current at the time of collection, to be 

6 merged with and available for the same purposes of such 

7 appropriation. 

8 SEC. 114. None of the funds in this Act shall be avail9 able for paying premium pay under subsection 5546(a) of 

10 title 5, United States Code, to any Federal Aviation Ad11 ministration employee unless such employee actually per12 formed work during the time corresponding to such pre13 mium pay. 

14 SEC. 115. None of the funds in this Act may be obli15 gated or expended for an employee of the Federal Aviation 

16 Administration to purchase a store gift card or gift certifi17 cate through use of a Government-issued credit card. 

18 SEC. 116. None of the funds in this Act may be obli19 gated or expended for retention bonuses for an employee 

20 of the Federal Aviation Administration without the prior 

21 written approval of the Assistant Secretary for Adminis22 tration of the Department of Transportation. 

23 SEC. 117. Notwithstanding any other provision of 

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

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


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1 to implement any limitation on the ability of any owner 

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

3 to the Administrator of the Federal Aviation Administra4 tion, a blocking of that owner’s or operator’s aircraft reg5 istration number from any display of the Federal Aviation 

6 Administration’s Aircraft Situational Display to Industry 

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

8 available to a Government agency, for the noncommercial 

9 flights of that owner or operator. 

10 SEC. 118. None of the funds in this Act shall be avail11 able for salaries and expenses of more than nine political 

12 and Presidential appointees in the Federal Aviation Ad13 ministration. 

14 SEC. 119. None of the funds made available under 

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

16 44721 of title 49, United States Code, until the FAA pro17 vides to the House and Senate Committees on Appropria18 tions a report that justifies all fees related to aeronautical 

19 navigation products and explains how such fees are con20 sistent with Executive Order 13642. 

21 SEC. 119A. None of the funds in this Act may be 

22 used to close a regional operations center of the Federal 

23 Aviation Administration or reduce its services unless the 

24 Administrator notifies the House and Senate Committees 


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1 on Appropriations not less than 90 full business days in 

2 advance. 

3 SEC. 119B. None of the funds appropriated or lim4 ited by this Act may be used to change weight restrictions 

5 or prior permission rules at Teterboro airport in 

6 Teterboro, New Jersey. 

7 FEDERAL HIGHWAY ADMINISTRATION

8 LIMITATION ON ADMINISTRATIVE EXPENSES

9 (HIGHWAY TRUST FUND)

10 (INCLUDING TRANSFER OF FUNDS)

11 Not to exceed $432,547,000, together with advances 

12 and reimbursements received by the Federal Highway Ad13 ministration, shall be obligated for necessary expenses for 

14 administration and operation of the Federal Highway Ad15 ministration. In addition, not to exceed $3,248,000 shall 

16 be transferred to the Appalachian Regional Commission 

17 in accordance with section 104(a) of title 23, United 

18 States Code. 

19 FEDERAL-AID HIGHWAYS

20 (LIMITATION ON OBLIGATIONS)

21 (HIGHWAY TRUST FUND)

22 Funds available for the implementation or execution 

23 of Federal-aid highway and highway safety construction 

24 programs authorized under titles 23 and 49, United States 

25 Code, and the provisions of the Fixing America’s Surface 


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1 Transportation Act shall not exceed total obligations of 

2 $43,266,100,000 for fiscal year 2017: Provided, That the 

3 Secretary may collect and spend fees, as authorized by 

4 title 23, United States Code, to cover the costs of services 

5 of expert firms, including counsel, in the field of municipal 

6 and project finance to assist in the underwriting and serv7 icing of Federal credit instruments and all or a portion 

8 of the costs to the Federal Government of servicing such 

9 credit instruments: Provided further, That such fees are 

10 available until expended to pay for such costs: Provided 

11 further, That such amounts are in addition to administra12 tive expenses that are also available for such purpose, and 

13 are not subject to any obligation limitation or the limita14 tion on administrative expenses under section 608 of title 

15 23, United States Code. 

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (HIGHWAY TRUST FUND)

18 For the payment of obligations incurred in carrying 

19 out Federal-aid highway and highway safety construction 

20 programs authorized under title 23, United States Code, 

21 $44,005,100,000 derived from the Highway Trust Fund 

22 (other than the Mass Transit Account), to remain avail23 able until expended. 


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1 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

2 ADMINISTRATION

3 SEC. 120. (a) For fiscal year 2017, the Secretary of 

4 Transportation shall— 

5 (1) not distribute from the obligation limitation 

6 for Federal-aid highways— 

7 (A) amounts authorized for administrative 

8 expenses and programs by section 104(a) of 

9 title 23, United States Code; and 

10 (B) amounts authorized for the Bureau of 

11 Transportation Statistics; 

12 (2) not distribute an amount from the obliga13 tion limitation for Federal-aid highways that is equal 

14 to the unobligated balance of amounts— 

15 (A) made available from the Highway 

16 Trust Fund (other than the Mass Transit Ac17 count) for Federal-aid highway and highway 

18 safety construction programs for previous fiscal 

19 years the funds for which are allocated by the 

20 Secretary (or apportioned by the Secretary 

21 under sections 202 or 204 of title 23, United 

22 States Code); and 

23 (B) for which obligation limitation was 

24 provided in a previous fiscal year; 

25 (3) determine the proportion that— 


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1 (A) the obligation limitation for Federal2 aid highways, less the aggregate of amounts not 

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

4 this subsection; bears to 

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

6 appropriated for the Federal-aid highway and 

7 highway safety construction programs (other 

8 than sums authorized to be appropriated for 

9 provisions of law described in paragraphs (1) 

10 through (11) of subsection (b) and sums au11 thorized to be appropriated for section 119 of 

12 title 23, United States Code, equal to the 

13 amount referred to in subsection (b)(12) for 

14 such fiscal year), less the aggregate of the 

15 amounts not distributed under paragraphs (1) 

16 and (2) of this subsection; 

17 (4) distribute the obligation limitation for Fed18 eral-aid highways, less the aggregate amounts not 

19 distributed under paragraphs (1) and (2), for each 

20 of the programs (other than programs to which 

21 paragraph (1) applies) that are allocated by the Sec22 retary under the Fixing America’s Surface Trans23 portation Act and title 23, United States Code, or 

24 apportioned by the Secretary under sections 202 or 

25 204 of that title, by multiplying— 


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1 (A) the proportion determined under para2 graph (3); by 

3 (B) the amounts authorized to be appro4 priated for each such program for such fiscal 

5 year; and 

6 (5) distribute the obligation limitation for Fed7 eral-aid highways, less the aggregate amounts not 

8 distributed under paragraphs (1) and (2) and the 

9 amounts distributed under paragraph (4), for Fed10 eral-aid highway and highway safety construction 

11 programs that are apportioned by the Secretary 

12 under title 23, United States Code (other than the 

13 amounts apportioned for the National Highway Per14 formance Program in section 119 of title 23, United 

15 States Code, that are exempt from the limitation 

16 under subsection (b)(12) and the amounts appor17 tioned under sections 202 and 204 of that title) in 

18 the proportion that— 

19 (A) amounts authorized to be appropriated 

20 for the programs that are apportioned under 

21 title 23, United States Code, to each State for 

22 such fiscal year; bears to 

23 (B) the total of the amounts authorized to 

24 be appropriated for the programs that are apVerDate Sep 11 2014 22:01 Jun 07, 2016 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.RH H5394

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1 portioned under title 23, United States Code, to 

2 all States for such fiscal year. 

3 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

4 The obligation limitation for Federal-aid highways shall 

5 not apply to obligations under or for— 

6 (1) section 125 of title 23, United States Code; 

7 (2) section 147 of the Surface Transportation 

8 Assistance Act of 1978 (23 U.S.C. 144 note; 92 

9 Stat. 2714); 

10 (3) section 9 of the Federal-Aid Highway Act 

11 of 1981 (95 Stat. 1701); 

12 (4) subsections (b) and (j) of section 131 of the 

13 Surface Transportation Assistance Act of 1982 (96 

14 Stat. 2119); 

15 (5) subsections (b) and (c) of section 149 of the 

16 Surface Transportation and Uniform Relocation As17 sistance Act of 1987 (101 Stat. 198); 

18 (6) sections 1103 through 1108 of the Inter19 modal Surface Transportation Efficiency Act of 

20 1991 (105 Stat. 2027); 

21 (7) section 157 of title 23, United States Code 

22 (as in effect on June 8, 1998); 

23 (8) section 105 of title 23, United States Code 

24 (as in effect for fiscal years 1998 through 2004, but 


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1 only in an amount equal to $639,000,000 for each 

2 of those fiscal years); 

3 (9) Federal-aid highway programs for which ob4 ligation authority was made available under the 

5 Transportation Equity Act for the 21st Century 

6 (112 Stat. 107) or subsequent Acts for multiple 

7 years or to remain available until expended, but only 

8 to the extent that the obligation authority has not 

9 lapsed or been used; 

10 (10) section 105 of title 23, United States Code 

11 (as in effect for fiscal years 2005 through 2012, but 

12 only in an amount equal to $639,000,000 for each 

13 of those fiscal years); 

14 (11) section 1603 of SAFETEA–LU (23 

15 U.S.C. 118 note; 119 Stat. 1248), to the extent that 

16 funds obligated in accordance with that section were 

17 not subject to a limitation on obligations at the time 

18 at which the funds were initially made available for 

19 obligation; and 

20 (12) section 119 of title 23, United States Code 

21 (but, for each of fiscal years 2013 through 2017, 

22 only in an amount equal to $639,000,000). 

23 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU24 THORITY.—Notwithstanding subsection (a), the Secretary 

25 shall, after August 1 of such fiscal year— 


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1 (1) revise a distribution of the obligation limita2 tion made available under subsection (a) if an 

3 amount distributed cannot be obligated during that 

4 fiscal year; and 

5 (2) redistribute sufficient amounts to those 

6 States able to obligate amounts in addition to those 

7 previously distributed during that fiscal year, giving 

8 priority to those States having large unobligated bal9 ances of funds apportioned under sections 144 (as in 

10 effect on the day before the date of enactment of 

11 Public Law 112–141) and 104 of title 23, United 

12 States Code. 

13 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

14 TRANSPORTATION RESEARCH PROGRAMS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the obligation limitation for Federal-aid 

17 highways shall apply to contract authority for trans18 portation research programs carried out under— 

19 (A) chapter 5 of title 23, United States 

20 Code; and 

21 (B) title VI of the Fixing America’s Sur22 face Transportation Act. 

23 (2) EXCEPTION.—Obligation authority made 

24 available under paragraph (1) shall— 


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1 (A) remain available for a period of 4 fis2 cal years; and 

3 (B) be in addition to the amount of any 

4 limitation imposed on obligations for Federal5 aid highway and highway safety construction 

6 programs for future fiscal years. 

7 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

8 FUNDS.— 

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

10 the date of distribution of obligation limitation 

11 under subsection (a), the Secretary shall distribute 

12 to the States any funds (excluding funds authorized 

13 for the program under section 202 of title 23, 

14 United States Code) that— 

15 (A) are authorized to be appropriated for 

16 such fiscal year for Federal-aid highway pro17 grams; and 

18 (B) the Secretary determines will not be 

19 allocated to the States (or will not be appor20 tioned to the States under section 204 of title 

21 23, United States Code), and will not be avail22 able for obligation, for such fiscal year because 

23 of the imposition of any obligation limitation for 

24 such fiscal year. 


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

2 paragraph (1) in the same proportion as the dis3 tribution of obligation authority under subsection 

4 (a)(5). 

5 (3) AVAILABILITY.—Funds distributed to each 

6 State under paragraph (1) shall be available for any 

7 purpose described in section 133(b) of title 23, 

8 United States Code. 

9 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re10 ceived by the Bureau of Transportation Statistics from the 

11 sale of data products, for necessary expenses incurred pur12 suant to chapter 63 of title 49, United States Code, may 

13 be credited to the Federal-aid highways account for the 

14 purpose of reimbursing the Bureau for such expenses: 

15 Provided, That such funds shall be subject to the obliga16 tion limitation for Federal-aid highway and highway safety 

17 construction programs. 

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

19 under his or her statutory authority, any Buy America re20 quirement for Federal-aid highways projects, the Sec21 retary of Transportation shall make an informal public no22 tice and comment opportunity on the intent to issue such 

23 waiver and the reasons therefor: Provided, That the Sec24 retary shall provide an annual report to the House and 


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1 Senate Committees on Appropriations on any waivers 

2 granted under the Buy America requirements. 

3 SEC. 123. None of the funds in this Act to the De4 partment of Transportation may be used to provide credit 

5 assistance unless not less than 3 days before any applica6 tion approval to provide credit assistance under sections 

7 603 and 604 of title 23, United States Code, the Secretary 

8 of Transportation provides notification in writing to the 

9 following committees: the House and Senate Committees 

10 on Appropriations; the Committee on Environment and 

11 Public Works and the Committee on Banking, Housing 

12 and Urban Affairs of the Senate; and the Committee on 

13 Transportation and Infrastructure of the House of Rep14 resentatives: Provided, That such notification shall in15 clude, but not be limited to, the name of the project spon16 sor; a description of the project; whether credit assistance 

17 will be provided as a direct loan, loan guarantee, or line 

18 of credit; and the amount of credit assistance. 

19 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

20 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (LIMITATION ON OBLIGATIONS)

23 (HIGHWAY TRUST FUND)

24 For payment of obligations incurred in the implemen25 tation, execution and administration of motor carrier safeVerDate Sep 11 2014 22:01 Jun 07, 2016 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.RH H5394

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1 ty operations and programs pursuant to section 31110 of 

2 title 49, United States Code, as amended by the Fixing 

3 America’s Surface Transportation Act, $277,200,000, to 

4 be derived from the Highway Trust Fund (other than the 

5 Mass Transit Account), together with advances and reim6 bursements received by the Federal Motor Carrier Safety 

7 Administration, the sum of which shall remain available 

8 until expended: Provided, That funds available for imple9 mentation, execution or administration of motor carrier 

10 safety operations and programs authorized under title 49, 

11 United States Code, shall not exceed total obligations of 

12 $277,200,000 for ‘‘Motor Carrier Safety Operations and 

13 Programs’’ for fiscal year 2017, of which $9,180,000, to 

14 remain available for obligation until September 30, 2019, 

15 is for the research and technology program. 

16 MOTOR CARRIER SAFETY GRANTS

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (LIMITATION ON OBLIGATIONS)

19 (HIGHWAY TRUST FUND)

20 For payment of obligations incurred in carrying out 

21 sections 31102, 31103, 31104, and 31313 of title 49, 

22 United States Code, as amended by the Fixing America’s 

23 Surface Transportation Act, $367,000,000, to be derived 

24 from the Highway Trust Fund (other than the Mass Tran25 sit Account) and to remain available until expended: ProVerDate Sep 11 2014 22:01 Jun 07, 2016 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.RH H5394

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1 vided, That funds available for the implementation or exe2 cution of motor carrier safety programs shall not exceed 

3 total obligations of $367,000,000 in fiscal year 2017 for 

4 ‘‘Motor Carrier Safety Grants’’; of which $292,600,000 

5 shall be available for the motor carrier safety assistance 

6 program, $31,200,000 shall be available for commercial 

7 driver’s license program implementation program, 

8 $42,200,000 shall be available for the high priority activi9 ties program, and $1,000,000 shall be available for the 

10 Commercial Motor Vehicle Operators grant program. 

11 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR

12 CARRIER SAFETY ADMINISTRATION

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

14 shall be subject to the terms and conditions stipulated in 

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

16 Public Law 110–28. 

17 SEC. 131. The Federal Motor Carrier Safety Admin18 istration shall send notice of 49 CFR section 385.308 vio19 lations by certified mail, registered mail, or another man20 ner of delivery, which records the receipt of the notice by 

21 the persons responsible for the violations. 

22 SEC. 132. (a) IN GENERAL.—None of the funds ap23 propriated or otherwise made available by this Act or any 

24 other Act may be used to implement, administer, or en25 force the requirement for two off-duty periods from 1:00 


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1 a.m. to 5:00 a.m. under subsection (c) of section 395.3 

2 of title 49, Code of Federal Regulations, or the prohibition 

3 on use of more than one restart during a consecutive 168- 

4 hour period under subsection (d) of such section, and such 

5 provisions shall have no force or effect. 

6 (b) RESTART RULE.—The 34-hour restart rule in ef7 fect on December 26, 2011, shall be restored to full force 

8 and effect, and funds appropriated or otherwise made 

9 available by this Act or any other Act shall be available 

10 to implement, administer, or enforce such rule. 

11 (c) DATE CHANGE.—Section 133(a) of title I of divi12 sion K of the Consolidated Appropriations Act, 2015, Pub13 lic Law 113–235, is amended by striking ‘‘2015’’, and in14 serting ‘‘2016’’, and by striking ‘‘June 30, 2013’’, and in15 serting ‘‘December 26, 2011’’. 

16 SEC. 133. None of the funds made available by this 

17 Act or previous appropriations Acts under the heading 

18 ‘‘Motor Carrier Safety Operations and Programs’’ shall be 

19 used to pay for costs associated with design, development, 

20 testing, or implementation of a wireless roadside inspec21 tion program until 180 days after the Secretary of Trans22 portation certifies to the House and Senate Committees 

23 on Appropriations that such program does not conflict 

24 with existing non-Federal electronic screening systems, 

25 create capabilities already available, or require additional 


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1 statutory authority to incorporate generated inspection 

2 data into safety determinations or databases, and has re3 strictions to specifically address privacy concerns of af4 fected motor carriers and operators. 

5 SEC. 134. FEDERAL AUTHORITY. 

6 (a) IN GENERAL.—Section 14501(c) of title 49, 

7 United States Code, is amended— 

8 (1) in paragraph (1), by striking ‘‘paragraphs 

9 (2) and (3)’’ and inserting ‘‘paragraphs (3) and 

10 (4)’’; 

11 (2) by redesignating paragraphs (2) through 

12 (5) as paragraphs (3) through (6) respectively; 

13 (3) by inserting after paragraph (1) the fol14 lowing: 

15 ‘‘(2) ADDITIONAL LIMITATIONS.— 

16 ‘‘(A) A State, political subdivision of a 

17 State, or political authority of 2 or more States 

18 may not enact or enforce a law, regulation, or 

19 other provision having the force and effect of 

20 law prohibiting employees whose hours of serv21 ice are subject to regulation by the Secretary 

22 under section 31502 from working to the full 

23 extent permitted or at such times as permitted 

24 under such section, or imposing any additional 

25 obligations on motor carriers if such employees 


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1 work to the full extent or at such times as per2 mitted under such section, including any related 

3 activities regulated under part 395 of title 49, 

4 Code of Federal Regulations. 

5 ‘‘(B) Nothing in this paragraph shall be 

6 construed to limit the provisions of paragraph 

7 (1).’’. 

8 (4) in paragraph (3) (as redesignated) by strik9 ing ‘‘Paragraph (1)—’’ and inserting ‘‘Paragraphs 

10 (1) and (2)—’’; and 

11 (5) in paragraph (4)(A) (as redesignated) by 

12 striking ‘‘Paragraph (1)’’ and inserting ‘‘Paragraphs 

13 (1) and (2)’’. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 this section shall have the force and effect as if enacted 

16 on the date of enactment of the Federal Aviation Adminis17 tration Authorization Act of 1994 (Pub. L. No. 103-305). 

18 SEC. 135. None of the funds appropriated or other19 wise made available by this Act or any other Act may be 

20 used to amend, revise or otherwise modify by rulemaking, 

21 guidance, or interpretation the regulations in effect on De22 cember 4, 2015 relating to safety fitness determinations 

23 for motor carriers until the Inspector General of the De24 partment of Transportation makes the certifications set 

25 out in section 5223(a) of P.L. 114-94. 


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1 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

2 OPERATIONS AND RESEARCH

3 For expenses necessary to discharge the functions of 

4 the Secretary, with respect to traffic and highway safety 

5 authorized under chapter 301 and part C of subtitle VI 

6 of title 49, United States Code, $187,055,000, of which 

7 $20,000,000 shall remain available through September 

8 30, 2018. 

9 OPERATIONS AND RESEARCH

10 (LIQUIDATION OF CONTRACT AUTHORIZATION)

11 (LIMITATION ON OBLIGATIONS)

12 (HIGHWAY TRUST FUND)

13 For payment of obligations incurred in carrying out 

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

15 49, United States Code, $145,900,000, to be derived from 

16 the Highway Trust Fund (other than the Mass Transit 

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

19 for the planning or execution of programs the total obliga20 tions for which, in fiscal year 2017, are in excess of 

21 $145,900,000, of which $140,700,000 shall be for pro22 grams authorized under 23 U.S.C. 403 and $5,200,000 

23 shall be for the National Driver Register authorized under 

24 chapter 303 of title 49, United States Code: Provided fur25 ther, That within the $145,900,000 obligation limitation 


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1 for operations and research, $20,000,000 shall remain 

2 available until September 30, 2018, and shall be in addi3 tion to the amount of any limitation imposed on obliga4 tions for future years. 

5 HIGHWAY TRAFFIC SAFETY GRANTS

6 (LIQUIDATION OF CONTRACT AUTHORIZATION)

7 (LIMITATION ON OBLIGATIONS)

8 (HIGHWAY TRUST FUND)

9 For payment of obligations incurred in carrying out 

10 provisions of 23 U.S.C. 402, 404, and 405, and section 

11 4001(a)(6) of the Fixing America’s Surface Transpor12 tation Act, to remain available until expended, 

13 $585,372,000, to be derived from the Highway Trust 

14 Fund (other than the Mass Transit Account): Provided, 

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

16 the planning or execution of programs the total obligations 

17 for which, in fiscal year 2017, are in excess of 

18 $585,372,000 for programs authorized under 23 U.S.C. 

19 402, 404, and 405, and section 4001(a)(6) of the Fixing 

20 America’s Surface Transportation Act, of which 

21 $252,300,000 shall be for ‘‘Highway Safety Programs’’ 

22 under 23 U.S.C. 402; $277,500,000 shall be for ‘‘National 

23 Priority Safety Programs’’ under 23 U.S.C. 405; 

24 $29,500,000 shall be for ‘‘High Visibility Enforcement 

25 Program’’ under 23 U.S.C. 404; $26,072,000 shall be for 


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1 ‘‘Administrative Expenses’’ under section 4001(a)(6) of 

2 the Fixing America’s Surface Transportation Act: Pro3 vided further, That none of these funds shall be used for 

4 construction, rehabilitation, or remodeling costs, or for of5 fice furnishings and fixtures for State, local or private 

6 buildings or structures: Provided further, That not to ex7 ceed $500,000 of the funds made available for ‘‘National 

8 Priority Safety Programs’’ under 23 U.S.C. 405 for ‘‘Im9 paired Driving Countermeasures’’ (as described in sub10 section (d) of that section) shall be available for technical 

11 assistance to the States: Provided further, That with re12 spect to the ‘‘Transfers’’ provision under 23 U.S.C. 

13 405(a)(8), any amounts transferred to increase the 

14 amounts made available under section 402 shall include 

15 the obligation authority for such amounts: Provided fur16 ther, That the Administrator shall notify the House and 

17 Senate Committees on Appropriations of any exercise of 

18 the authority granted under the previous proviso or under 

19 23 U.S.C. 405(a)(8) within five days. 

20 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

21 TRAFFIC SAFETY ADMINISTRATION

22 SEC. 140. An additional $130,000 shall be made 

23 available to the National Highway Traffic Safety Adminis24 tration, out of the amount limited for section 402 of title 

25 23, United States Code, to pay for travel and related exVerDate Sep 11 2014 22:01 Jun 07, 2016 Jkt 059200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.RH H5394

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1 penses for State management reviews and to pay for core 

2 competency development training and related expenses for 

3 highway safety staff. 

4 SEC. 141. The limitations on obligations for the pro5 grams of the National Highway Traffic Safety Adminis6 tration set in this Act shall not apply to obligations for 

7 which obligation authority was made available in previous 

8 public laws but only to the extent that the obligation au9 thority has not lapsed or been used. 

10 SEC. 142. None of the funds made available in this 

11 Act may be used to conduct or support the National Road12 side Survey of Alcohol and Drug Use by Drivers, or to 

13 conduct or support any similar survey of alcohol and drug 

14 use by drivers. 

15 SEC. 143. None of the funds made available by this 

16 Act may be used to mandate global positioning system 

17 (GPS) tracking in private passenger motor vehicles with18 out providing full and appropriate consideration of privacy 

19 concerns under 5 U.S.C. chapter 5, subchapter II. 

20 FEDERAL RAILROAD ADMINISTRATION

21 SAFETY AND OPERATIONS

22 For necessary expenses of the Federal Railroad Ad23 ministration, not otherwise provided for, $207,000,000, of 

24 which $15,900,000 shall remain available until expended. 


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1 RAILROAD RESEARCH AND DEVELOPMENT

2 For necessary expenses for railroad research and de3 velopment, $43,100,000, to remain available until ex4 pended. 

5 RAILROAD REHABILITATION AND IMPROVEMENT

6 FINANCING PROGRAM

7 The Secretary of Transportation is authorized to 

8 issue direct loans and loan guarantees pursuant to sec9 tions 501 through 504 of the Railroad Revitalization and 

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

11 amended, such authority to exist as long as any such di12 rect loan or loan guarantee is outstanding. Provided, That 

13 pursuant to section 502 of such Act, as amended, no new 

14 direct loans or loan guarantee commitments shall be made 

15 using Federal funds for the credit risk premium during 

16 fiscal year 2017, except for federal funds awarded in ac17 cordance with section 3028(c) of Public Law 114-94. 

18 FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD

19 REPAIR GRANTS

20 For necessary expenses related to Federal-State 

21 Partnership for State of Good Repair Grants as author22 ized by section 24911 of title 49, United States Code, 

23 $25,000,000, to remain available until expended: Pro24 vided, That the Secretary may withhold up to one percent 

25 of the amount provided under this heading for the costs 


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1 of project management oversight of grants carried out 

2 under section 24911 of title 49, United States Code. 

3 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY

4 IMPROVEMENT GRANTS

5 For necessary expenses related to Consolidated Rail 

6 Infrastructure and Safety Improvements Grants as au7 thorized by section 24407 of title 49, United States Code, 

8 $25,000,000, to remain available until expended: Pro9 vided, That the Secretary may withhold up to one percent 

10 of the amount provided under this heading for the costs 

11 of project management oversight of grants carried out 

12 under section 24407 of title 49, United States Code. 

13 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

14 RAILROAD PASSENGER CORPORATION

15 To enable the Secretary of Transportation to make 

16 grants to the National Railroad Passenger Corporation for 

17 activities associated with the Northeast Corridor as au18 thorized by section 11101 (a) of the Fixing America’s Sur19 face Transportation Act (division A of Public Law 114— 

20 94), $420,000,000, to remain available until expended: 

21 Provided, That the Secretary may retain up to one-half 

22 of 1 percent of the funds provided under both this heading 

23 and the National Network Grants to the National Rail24 road Passenger Corporation heading to fund the costs of 

25 project management and oversight of activities authorized 


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1 by section 11101(c) of division A of Public Law 114— 

2 94: Provided further, That in addition to the project man3 agement oversight funds authorized under section 

4 11101(c) of division A of Public Law 114—94, the Sec5 retary may retain up to an additional $5,000,000 of the 

6 funds provided under this heading to fund expenses associ7 ated with implementing section 24905 of title 49, United 

8 States Code: Provided further, That of the amounts made 

9 available under this heading and the National Network 

10 Grants to the National Railroad Passenger Corporation 

11 heading, not less than $50,000,000 shall be made avail12 able to bring Amtrak-served facilities and stations into 

13 compliance with the Americans with Disabilities Act. 

14 NATIONAL NETWORK GRANTS TO THE NATIONAL

15 RAILROAD PASSENGER CORPORATION

16 To enable the Secretary of Transportation to make 

17 grants to the National Railroad Passenger Corporation for 

18 activities associated with the National Network as author19 ized by section 11101(b) of the Fixing America’s Surface 

20 Transportation Act (division A of Public Law 114—94), 

21 $1,000,000,000, to remain available until expended: Pro22 vided, That the Secretary may retain up to an additional 

23 $2,000,000 of the funds provided under this heading to 

24 fund expenses associated with the State-Supported Route 


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1 Committee established under 24712 of title 49, United 

2 States Code. 

3 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

4 ADMINISTRATION

5 SEC. 150. None of the funds provided to the National 

6 Railroad Passenger Corporation may be used to fund any 

7 overtime costs in excess of $35,000 for any individual em8 ployee: Provided, That the President of Amtrak may waive 

9 the cap set in the previous proviso for specific employees 

10 when the President of Amtrak determines such a cap 

11 poses a risk to the safety and operational efficiency of the 

12 system: Provided further, That the President of Amtrak 

13 shall report to the House and Senate Committees on Ap14 propriations each quarter of the calendar year on waivers 

15 granted to employees and amounts paid above the cap for 

16 each month within such quarter and delineate the reasons 

17 each waiver was granted: Provided further, That the Presi18 dent of Amtrak shall report to the House and Senate 

19 Committees on Appropriations by March 1, 2017, a sum20 mary of all overtime payments incurred by the Corpora21 tion for 2016 and the three prior calendar years: Provided 

22 further, That such summary shall include the total number 

23 of employees that received waivers and the total overtime 

24 payments the Corporation paid to those employees receivVerDate Sep 11 2014 22:01 Jun 07, 2016 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.RH H5394

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1 ing waivers for each month for 2016 and for the three 

2 prior calendar years. 

3 FEDERAL TRANSIT ADMINISTRATION

4 ADMINISTRATIVE EXPENSES

5 For necessary administrative expenses of the Federal 

6 Transit Administration’s programs authorized by chapter 

7 53 of title 49, United States Code, $110,665,000: Pro8 vided, That none of the funds provided or limited in this 

9 Act may be used to create a permanent office of transit 

10 security under this heading: Provided further, That upon 

11 submission to the Congress of the fiscal year 2018 Presi12 dent’s budget, the Secretary of Transportation shall trans13 mit to Congress the annual report on New Starts, includ14 ing proposed allocations for fiscal year 2018. 

15 TRANSIT FORMULA GRANTS

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (LIMITATION ON OBLIGATIONS)

18 (HIGHWAY TRUST FUND)

19 For payment of obligations incurred in the Federal 

20 Public Transportation Assistance Program in this ac21 count, and for payment of obligations incurred in carrying 

22 out the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 

23 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 

24 5340, as amended by the Fixing America’s Surface Trans25 portation Act, and section 20005(b) of Public Law 112– 


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1 141, and sections 3006(b) and 3028 of the Fixing Amer2 ica’s Surface Transportation Act, $10,800,000,000, to be 

3 derived from the Mass Transit Account of the Highway 

4 Trust Fund and to remain available until expended: Pro5 vided, That funds available for the implementation or exe6 cution of programs authorized under 49 U.S.C. 5305, 

7 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 

8 5337, 5339, and 5340, as amended by the Fixing Amer9 ica’s Surface Transportation Act, and section 20005(b) of 

10 Public Law 112–141, and sections 3006(b) and 3028 of 

11 the Fixing America’s Surface Transportation Act, shall 

12 not exceed total obligations of $9,733,706,043 in fiscal 

13 year 2017. 

14 TECHNICAL ASSISTANCE AND TRAINING

15 For necessary expenses to carry out 49 U.S.C. 5314, 

16 $5,000,000. 

17 CAPITAL INVESTMENT GRANTS

18 For necessary expenses to carry out 49 U.S.C. 5309, 

19 $2,500,470,000, to remain available until expended. 

20 GRANTS TO WASHINGTON METROPOLITAN AREA TRANSIT

21 AUTHORITY

22 For grants to the Washington Metropolitan Area 

23 Transit Authority as authorized under section 601 of divi24 sion B of Public Law 110–432, $150,000,000, to remain 

25 available until expended: Provided, That the Secretary of 


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1 Transportation shall approve grants for capital and pre2 ventive maintenance expenditures for the Washington 

3 Metropolitan Area Transit Authority only after receiving 

4 and reviewing a request for each specific project: Provided 

5 further, That prior to approving such grants, the Secretary 

6 shall certify that the Washington Metropolitan Area Tran7 sit Authority is making progress to improve its safety 

8 management system in response to the Federal Transit 

9 Administration’s safety inspections: Provided further, That 

10 prior to approving such grants, the Secretary shall certify 

11 that the Washington Metropolitan Area Transit Authority 

12 is making progress toward full implementation of the cor13 rective actions identified in the 2014 Financial Manage14 ment Oversight Review Report: Provided further, That the 

15 Secretary shall determine that the Washington Metropoli16 tan Area Transit Authority has placed the highest priority 

17 on those investments that will improve the safety of the 

18 system before approving such grants: Provided further, 

19 That the Secretary, in order to ensure safety throughout 

20 the rail system, may waive the requirements of section 

21 601(e)(1) of Division B of Public Law 110–432 (112 Stat. 

22 4968). 


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1 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

2 ADMINISTRATION

3 SEC. 160. The limitations on obligations for the pro4 grams of the Federal Transit Administration shall not 

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

6 made available for obligation, or to any other authority 

7 previously made available for obligation. 

8 SEC. 161. Notwithstanding any other provision of 

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

10 heading ‘‘Fixed Guideway Capital Investment’’ of the Fed11 eral Transit Administration for projects specified in this 

12 Act or identified in reports accompanying this Act not ob13 ligated by September 30, 2021, and other recoveries, shall 

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

15 purposes for which they were originally provided. 

16 SEC. 162. Notwithstanding any other provision of 

17 law, any funds appropriated before October 1, 2016, under 

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

19 that remain available for expenditure, may be transferred 

20 to and administered under the most recent appropriation 

21 heading for any such section. 

22 SEC. 163. Notwithstanding any other provision of 

23 law, none of the funds made available in this Act shall 

24 be used to enter into a full funding grant agreement for 

25 a project with a New Starts share greater than 50 percent. 


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1 SEC. 164. (a) LOSS OF ELIGIBILITY.—Except as pro2 vided in subsection (b), none of the funds in this or any 

3 other Act may be available to advance in any way a new 

4 light or heavy rail project towards a full funding grant 

5 agreement as defined by 49 U.S.C. 5309 for the Metro6 politan Transit Authority of Harris County, Texas if the 

7 proposed capital project is constructed on or planned to 

8 be constructed on Richmond Avenue west of South Shep9 herd Drive or on Post Oak Boulevard north of Richmond 

10 Avenue in Houston, Texas. 

11 (b) EXCEPTION FOR A NEW ELECTION.—The Metro12 politan Transit Authority of Harris County, Texas, may 

13 attempt to construct or construct a new fixed guideway 

14 capital project, including light rail, in the locations re15 ferred to in subsection (a) if— 

16 (1) voters in the jurisdiction that includes such 

17 locations approve a ballot proposition that specifies 

18 routes on Richmond Avenue west of South Shepherd 

19 Drive or on Post Oak Boulevard north of Richmond 

20 Avenue in Houston, Texas; and 

21 (2) the proposed construction of such routes is 

22 part of a comprehensive, multi-modal, service-area 

23 wide transportation plan that includes multiple addi24 tional segments of fixed guideway capital projects, 

25 including light rail for the jurisdiction set forth in 


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1 the ballot proposition. The ballot language shall in2 clude reasonable cost estimates, sources of revenue 

3 to be used and the total amount of bonded indebted4 ness to be incurred as well as a description of each 

5 route and the beginning and end point of each pro6 posed transit project. 

7 SAINT LAWRENCE SEAWAY DEVELOPMENT

8 CORPORATION

9 The Saint Lawrence Seaway Development Corpora10 tion is hereby authorized to make such expenditures, with11 in the limits of funds and borrowing authority available 

12 to the Corporation, and in accord with law, and to make 

13 such contracts and commitments without regard to fiscal 

14 year limitations as provided by section 104 of the Govern15 ment Corporation Control Act, as amended, as may be 

16 necessary in carrying out the programs set forth in the 

17 Corporation’s budget for the current fiscal year. 

18 OPERATIONS AND MAINTENANCE

19 (HARBOR MAINTENANCE TRUST FUND)

20 For necessary expenses to conduct the operations, 

21 maintenance, and capital asset renewal activities of those 

22 portions of the St. Lawrence Seaway owned, operated, and 

23 maintained by the Saint Lawrence Seaway Development 

24 Corporation, $36,028,000, to be derived from the Harbor 


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1 Maintenance Trust Fund, pursuant to Public Law 99– 

2 662. 

3 MARITIME ADMINISTRATION

4 MARITIME SECURITY PROGRAM

5 For necessary expenses to maintain and preserve a 

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

7 needs of the United States, $300,000,000. 

8 OPERATIONS AND TRAINING

9 For necessary expenses of operations and training ac10 tivities authorized by law, $175,079,000, of which 

11 $22,000,000 shall remain available until expended for 

12 maintenance and repair of training ships at State Mari13 time Academies, and of which $6,000,000 shall remain 

14 available until expended for National Security Multi-Mis15 sion Vessel/School Ship Replacement program for State 

16 Maritime Academies and National Security, and of which 

17 $2,400,000 shall remain available through September 30, 

18 2018, for the Student Incentive Program at State Mari19 time Academies, and of which $1,200,000 shall remain 

20 available until expended for training ship fuel assistance 

21 payments, and of which $11,179,000 shall remain avail22 able until expended for facilities maintenance and repair, 

23 equipment, and capital improvements at the United States 

24 Merchant Marine Academy, and of which $3,000,000 shall 

25 remain available through September 30, 2018, for MariVerDate Sep 11 2014 22:01 Jun 07, 2016 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.RH H5394

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1 time Environment and Technology Assistance grants, con2 tracts, and cooperative agreements: Provided, That 

3 amounts apportioned for the United States Merchant Ma4 rine Academy shall be available only upon allotments made 

5 personally by the Secretary of Transportation or the As6 sistant Secretary for Budget and Programs: Provided fur7 ther, That the Superintendent, Deputy Superintendent 

8 and the Director of the Office of Resource Management 

9 of the United States Merchant Marine Academy may not 

10 be allotment holders for the United States Merchant Ma11 rine Academy, and the Administrator of the Maritime Ad12 ministration shall hold all allotments made by the Sec13 retary of Transportation or the Assistant Secretary for 

14 Budget and Programs under the previous proviso: Pro15 vided further, That 50 percent of the funding made avail16 able for the United States Merchant Marine Academy 

17 under this heading shall be available only after the Sec18 retary, in consultation with the Superintendent and the 

19 Maritime Administrator, completes a plan detailing by 

20 program or activity how such funding will be expended at 

21 the Academy, and this plan is submitted to the House and 

22 Senate Committees on Appropriations: Provided further, 

23 That not later than January 12, 2017, the Administrator 

24 of the Maritime Administration shall transmit to the 

25 House and Senate Committees on Appropriations the anVerDate Sep 11 2014 22:01 Jun 07, 2016 Jkt 059200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.RH H5394

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1 nual report on sexual assault and sexual harassment at 

2 the United States Merchant Marine Academy as required 

3 pursuant to section 3507 of Public Law 110–417. 

4 SHIP DISPOSAL

5 For necessary expenses related to the disposal of ob6 solete vessels in the National Defense Reserve Fleet of the 

7 Maritime Administration, $10,000,000, to remain avail8 able until expended. 

9 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

10 ACCOUNT

11 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

12 For administrative expenses to carry out the guaran13 teed loan program, $3,000,000, which shall be transferred 

14 to and merged with the appropriations for ‘‘Operations 

15 and Training’’, Maritime Administration: Provided, That 

16 of the unobligated balance of funds made available for ob17 ligation under Public Law 114–113, $5,000,000 are here18 by permanently rescinded. 

19 ADMINISTRATIVE PROVISIONS—MARITIME

20 ADMINISTRATION

21 SEC. 170. Notwithstanding any other provision of 

22 this Act, in addition to any existing authority, the Mari23 time Administration is authorized to furnish utilities and 

24 services and make necessary repairs in connection with 

25 any lease, contract, or occupancy involving Government 


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1 property under control of the Maritime Administration: 

2 Provided, That payments received therefor shall be cred3 ited to the appropriation charged with the cost thereof and 

4 shall remain available until expended: Provided further, 

5 That rental payments under any such lease, contract, or 

6 occupancy for items other than such utilities, services, or 

7 repairs shall be covered into the Treasury as miscellaneous 

8 receipts. 

9 SEC. 171. None of the funds available or appro10 priated in this Act shall be used by the United States De11 partment of Transportation or the United States Maritime 

12 Administration to negotiate or otherwise execute, enter 

13 into, facilitate or perform fee-for-service contracts for ves14 sel disposal, scrapping or recycling, unless there is no 

15 qualified domestic ship recycler that will pay any sum of 

16 money to purchase and scrap or recycle a vessel owned, 

17 operated or managed by the Maritime Administration or 

18 that is part of the National Defense Reserve Fleet: Pro19 vided, That such sales offers must be consistent with the 

20 solicitation and provide that the work will be performed 

21 in a timely manner at a facility qualified within the mean22 ing of section 3502 of Public Law 106–398: Provided fur23 ther, That nothing contained herein shall affect the Mari24 time Administration’s authority to award contracts at 

25 least cost to the Federal Government and consistent with 


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1 the requirements of 54 U.S.C. 308704, section 3502, or 

2 otherwise authorized under the Federal Acquisition Regu3 lation. 

4 PIPELINE AND HAZARDOUS MATERIALS SAFETY

5 ADMINISTRATION

6 OPERATIONAL EXPENSES

7 For necessary operational expenses of the Pipeline 

8 and Hazardous Materials Safety Administration, 

9 $21,000,000. 

10 HAZARDOUS MATERIALS SAFETY

11 For expenses necessary to discharge the hazardous 

12 materials safety functions of the Pipeline and Hazardous 

13 Materials Safety Administration, $57,000,000, of which 

14 $7,570,000 shall remain available until September 30, 

15 2019: Provided, That up to $800,000 in fees collected 

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

17 fund of the Treasury as offsetting receipts: Provided fur18 ther, That there may be credited to this appropriation, to 

19 be available until expended, funds received from States, 

20 counties, municipalities, other public authorities, and pri21 vate sources for expenses incurred for training, for reports 

22 publication and dissemination, and for travel expenses in23 curred in performance of hazardous materials exemptions 

24 and approvals functions. 


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1 PIPELINE SAFETY

2 (PIPELINE SAFETY FUND)

3 (OIL SPILL LIABILITY TRUST FUND)

4 For expenses necessary to conduct the functions of 

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

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

7 60107, and to discharge the pipeline program responsibil8 ities of the Oil Pollution Act of 1990, $150,000,000, of 

9 which $22,000,000 shall be derived from the Oil Spill Li10 ability Trust Fund and shall remain available until Sep11 tember 30, 2019; and of which $128,000,000 shall be de12 rived from the Pipeline Safety Fund, of which 

13 $59,835,000 shall remain available until September 30, 

14 2019: Provided, That not less than $1,058,000 of the 

15 funds provided under this heading shall be for the One16 Call State grant program. 

17 EMERGENCY PREPAREDNESS GRANTS

18 (EMERGENCY PREPAREDNESS FUND)

19 Notwithstanding the fiscal year limitation specified in 

20 49 U.S.C. 5116, not more than $28,318,000 shall be made 

21 available for obligation in fiscal year 2017 from amounts 

22 made available by 49 U.S.C. 5116(h), and 5128(b) and 

23 (c): Provided, That notwithstanding 49 U.S.C. 

24 5116(h)(4), not more than 4 percent of the amounts made 

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1 ministrative costs: Provided further, That none of the 

2 funds made available by 49 U.S.C. 5116(h), 5128(b), or 

3 5128(c) shall be made available for obligation by individ4 uals other than the Secretary of Transportation, or his 

5 or her designee: Provided further, That notwithstanding 

6 49 U.S.C. 5128(b) and (c) and the current year obligation 

7 limitation, prior year recoveries recognized in the current 

8 year shall be available to develop a hazardous materials 

9 response training curriculum for emergency responders, 

10 including response activities for the transportation of 

11 crude oil, ethanol and other flammable liquids by rail, con12 sistent with National Fire Protection Association stand13 ards, and to make such training available through an elec14 tronic format: Provided further, That the prior year recov15 eries made available under this heading shall also be avail16 able to carry out 49 U.S.C. 5116(a)(1)(C) and 5116(i). 

17 OFFICE OF INSPECTOR GENERAL

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of the Inspector 

20 General to carry out the provisions of the Inspector Gen21 eral Act of 1978, as amended, $90,152,000: Provided, 

22 That the Inspector General shall have all necessary au23 thority, in carrying out the duties specified in the Inspec24 tor General Act, as amended (5 U.S.C. App. 3), to inves25 tigate allegations of fraud, including false statements to 


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

2 that is subject to regulation by the Department of Trans3 portation: Provided further, That the funds made available 

4 under this heading may be used to investigate, pursuant 

5 to section 41712 of title 49, United States Code: (1) un6 fair or deceptive practices and unfair methods of competi7 tion by domestic and foreign air carriers and ticket agents; 

8 and (2) the compliance of domestic and foreign air carriers 

9 with respect to item (1) of this proviso. 

10 GENERAL PROVISIONS—DEPARTMENT OF

11 TRANSPORTATION

12 SEC. 180. During the current fiscal year, applicable 

13 appropriations to the Department of Transportation shall 

14 be available for maintenance and operation of aircraft; 

15 hire of passenger motor vehicles and aircraft; purchase of 

16 liability insurance for motor vehicles operating in foreign 

17 countries on official department business; and uniforms or 

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

19 5902). 

20 SEC. 181. Appropriations contained in this Act for 

21 the Department of Transportation shall be available for 

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

23 individuals not to exceed the per diem rate equivalent to 

24 the rate for an Executive Level IV. 


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1 SEC. 182. None of the funds in this Act shall be avail2 able for salaries and expenses of more than 110 political 

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

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

7 SEC. 183. (a) No recipient of funds made available 

8 in this Act shall disseminate personal information (as de9 fined in 18 U.S.C. 2725(3)) obtained by a State depart10 ment of motor vehicles in connection with a motor vehicle 

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

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

13 2721. 

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

15 shall not withhold funds provided in this Act for any 

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

17 SEC. 184. Funds received by the Federal Highway 

18 Administration and Federal Railroad Administration from 

19 States, counties, municipalities, other public authorities, 

20 and private sources for expenses incurred for training may 

21 be credited respectively to the Federal Highway Adminis22 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed23 eral Railroad Administration’s ‘‘Safety and Operations’’ 

24 account, except for State rail safety inspectors partici25 pating in training pursuant to 49 U.S.C. 20105. 


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1 SEC. 185. None of the funds in this Act to the De2 partment of Transportation may be used to make a loan, 

3 loan guarantee, line of credit, or grant unless the Sec4 retary of Transportation notifies the House and Senate 

5 Committees on Appropriations not less than 3 full busi6 ness days before any project competitively selected to re7 ceive a discretionary grant award, any discretionary grant 

8 award, letter of intent, loan commitment, loan guarantee 

9 commitment, line of credit commitment, or full funding 

10 grant agreement totaling $1,000,000 or more is an11 nounced by the department or its modal administrations 

12 from— 

13 (1) any discretionary grant or federal credit 

14 program of the Federal Highway Administration in15 cluding the emergency relief program; 

16 (2) the airport improvement program of the 

17 Federal Aviation Administration; 

18 (3) any program of the Federal Railroad Ad19 ministration; 

20 (4) any program of the Federal Transit Admin21 istration other than the formula grants and fixed 

22 guideway modernization programs; 

23 (5) any program of the Maritime Administra24 tion; or 


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1 (6) any funding provided under the headings 

2 ‘‘National Infrastructure Investments’’ in this Act: 

3 Provided, That the Secretary gives concurrent notification 

4 to the House and Senate Committees on Appropriations 

5 for any ‘‘quick release’’ of funds from the emergency relief 

6 program: Provided further, That no notification shall in7 volve funds that are not available for obligation. 

8 SEC. 186. Rebates, refunds, incentive payments, 

9 minor fees and other funds received by the Department 

10 of Transportation from travel management centers, 

11 charge card programs, the subleasing of building space, 

12 and miscellaneous sources are to be credited to appropria13 tions of the Department of Transportation and allocated 

14 to elements of the Department of Transportation using 

15 fair and equitable criteria and such funds shall be avail16 able until expended. 

17 SEC. 187. Amounts made available in this or any 

18 other Act that the Secretary determines represent im19 proper payments by the Department of Transportation to 

20 a third-party contractor under a financial assistance 

21 award, which are recovered pursuant to law, shall be avail22 able— 

23 (1) to reimburse the actual expenses incurred 

24 by the Department of Transportation in recovering 

25 improper payments; and 


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1 (2) to pay contractors for services provided in 

2 recovering improper payments or contractor support 

3 in the implementation of the Improper Payments In4 formation Act of 2002: Provided, That amounts in 

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

6 (A) shall be credited to and merged with 

7 the appropriation from which the improper pay8 ments were made, and shall be available for the 

9 purposes and period for which such appropria10 tions are available: Provided further, That 

11 where specific project or accounting information 

12 associated with the improper payment or pay13 ments is not readily available, the Secretary 

14 may credit an appropriate account, which shall 

15 be available for the purposes and period associ16 ated with the account so credited; or 

17 (B) if no such appropriation remains avail18 able, shall be deposited in the Treasury as mis19 cellaneous receipts: Provided further, That prior 

20 to the transfer of any such recovery to an ap21 propriations account, the Secretary shall notify 

22 the House and Senate Committees on Appro23 priations of the amount and reasons for such 

24 transfer: Provided further, That for purposes of 

25 this section, the term ‘‘improper payments’’ has 


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1 the same meaning as that provided in section 

2 2(d)(2) of Public Law 107–300. 

3 SEC. 188. 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, transmission of said reprogramming notice 

8 shall be provided solely to the House and Senate Commit9 tees on Appropriations, and said reprogramming action 

10 shall be approved or denied solely by the House and Sen11 ate Committees on Appropriations: Provided, That the 

12 Secretary of Transportation may provide notice to other 

13 congressional committees of the action of the House and 

14 Senate Committees on Appropriations on such reprogram15 ming but not sooner than 30 days following the date on 

16 which the reprogramming action has been approved or de17 nied by the House and Senate Committees on Appropria18 tions. 

19 SEC. 189. Funds appropriated in this Act to the 

20 modal administrations may be obligated for the Office of 

21 the Secretary for the costs related to assessments or reim22 bursable agreements only when such amounts are for the 

23 costs of goods and services that are purchased to provide 

24 a direct benefit to the applicable modal administration or 

25 administrations. 


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1 SEC. 190. The Secretary of Transportation is author2 ized to carry out a program that establishes uniform 

3 standards for developing and supporting agency transit 

4 pass and transit benefits authorized under section 7905 

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

6 transit benefits by various paper and electronic media. 

7 SEC. 191. The Department of Transportation may 

8 use funds provided by this Act, or any other Act, to assist 

9 a contract under title 49 U.S.C. or title 23 U.S.C. utilizing 

10 geographic, economic, or any other hiring preference not 

11 otherwise authorized by law, or to amend a rule, regula12 tion, policy or other measure that forbids a recipient of 

13 a Federal Highway Administration or Federal Transit Ad14 ministration grant from imposing such hiring preference 

15 on a contract or construction project with which the De16 partment of Transportation is assisting, only if the grant 

17 recipient certifies the following: 

18 (1) that except with respect to apprentices or 

19 trainees, a pool of readily available but unemployed 

20 individuals possessing the knowledge, skill, and abil21 ity to perform the work that the contract requires 

22 resides in the jurisdiction; 

23 (2) that the grant recipient will include appro24 priate provisions in its bid document ensuring that 

25 the contractor does not displace any of its existing 


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1 employees in order to satisfy such hiring preference; 

2 and 

3 (3) that any increase in the cost of labor, train4 ing, or delays resulting from the use of such hiring 

5 preference does not delay or displace any transpor6 tation project in the applicable Statewide Transpor7 tation Improvement Program or Transportation Im8 provement Program. 

9 SEC. 192. None of the funds made available by this 

10 Act may be used for high-speed rail in the State of Cali11 fornia or for the California High-Speed Rail Authority, 

12 nor may any be used by the Federal Railroad Administra13 tion to administer a grant agreement with the California 

14 High-Speed Rail Authority that contains a tapered match15 ing requirement. 

16 SEC. 193. PENALTY WAGES.— 

17 (a) Foreign and Intercoastal Voyages- Section 

18 10313(g) of title 46, United States Code, is amended— 

19 (1) in paragraph (2)— 

20 (A) by striking ‘‘all claims in a class action 

21 suit by seamen’’ and inserting ‘‘each claim by 

22 a seaman’’; and 

23 (B) by striking ‘‘the seamen’’ and inserting 

24 ‘‘the seaman’’; and 

25 (2) in paragraph (3)— 


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1 (A) by striking ‘‘class action’’; and 

2 (B) in subparagraph (B), by striking ‘‘, by 

3 a seaman who is a claimant in the suit,’’ and 

4 inserting ‘‘by the seaman’’. 

5 (b) Coastwise Voyages- Section 10504(c) of such title 

6 is amended— 

7 (1) in paragraph (2)— 

8 (A) by striking ‘‘all claims in a class action 

9 suit by seamen’’ and inserting ‘‘each claim by 

10 a seaman’’; and 

11 (B) by striking ‘‘the seamen’’ and inserting 

12 ‘‘the seaman’’; and 

13 (2) in paragraph (3)— 

14 (A) by striking ‘‘class action’’; and 

15 (B) in subparagraph (B), by striking ‘‘, by 

16 a seaman who is a claimant in the suit,’’ and 

17 inserting ‘‘by the seaman’’. 

18 SEC. 194. None of the funds made available by this 

19 Act may be used in contravention of section 24305(c)(4) 

20 of title 49, United States Code. 

21 SEC. 195. Section 5303(r)(2)(C) of title 49, United 

22 States Code, is amended— 

23 (1) by inserting ‘‘and 25 square miles of land 

24 area’’ after ‘‘145,000’’; and 


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1 (2) by inserting ‘‘and 12 square miles of land 

2 area’’ after ‘‘65,000’’. 

3 This title may be cited as the ‘‘Department of Trans4 portation Appropriations Act, 2017’’. 

5 TITLE II 

6 DEPARTMENT OF HOUSING AND URBAN 

7 DEVELOPMENT 

8 MANAGEMENT AND ADMINISTRATION

9 EXECUTIVE OFFICES

10 For necessary salaries and expenses for Executive Of11 fices, which shall be comprised of the offices of the Sec12 retary, Deputy Secretary, Adjudicatory Services, Congres13 sional and Intergovernmental Relations, Public Affairs, 

14 Small and Disadvantaged Business Utilization, and the 

15 Center for Faith-Based and Neighborhood Partnerships, 

16 $14,000,000: Provided, That not to exceed $25,000 of the 

17 amount made available under this heading shall be avail18 able to the Secretary for official reception and representa19 tion expenses as the Secretary may determine. 

20 ADMINISTRATIVE SUPPORT OFFICES

21 For necessary salaries and expenses for Administra22 tive Support Offices, $516,000,000, of which $53,500,000 

23 shall be available for the Office of the Chief Financial Offi24 cer; $95,250,000 shall be available for the Office of the 

25 General Counsel; $202,500,000 shall be available for the 


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1 Office of Administration; $40,250,000 shall be available 

2 for the Office of the Chief Human Capital Officer; 

3 $51,250,000 shall be available for the Office of Field Pol4 icy and Management; $19,000,000 shall be available for 

5 the Office of the Chief Procurement Officer; $3,500,000 

6 shall be available for the Office of Departmental Equal 

7 Employment Opportunity; $4,500,000 shall be available 

8 for the Office of Strategic Planning and Management; and 

9 $46,250,000 shall be available for the Office of the Chief 

10 Information Officer: Provided, That funds provided under 

11 this heading may be used for necessary administrative and 

12 non-administrative expenses of the Department of Hous13 ing and Urban Development, not otherwise provided for, 

14 including purchase of uniforms, or allowances therefor, as 

15 authorized by 5 U.S.C. 5901–5902; hire of passenger 

16 motor vehicles; and services as authorized by 5 U.S.C. 

17 3109: Provided further, That notwithstanding any other 

18 provision of law, funds appropriated under this heading 

19 may be used for advertising and promotional activities 

20 that directly support program activities funded in this 

21 title: Provided further, That the Secretary shall provide the 

22 House and Senate Committees on Appropriations quar23 terly written notification regarding the status of pending 

24 congressional reports: Provided further, That the SecVerDate Sep 11 2014 22:01 Jun 07, 2016 Jkt 059200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.RH H5394

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1 retary shall provide in electronic form all signed reports 

2 required by Congress. 

3 PROGRAM OFFICE SALARIES AND EXPENSES

4 PUBLIC AND INDIAN HOUSING

5 For necessary salaries and expenses of the Office of 

6 Public and Indian Housing, $216,000,000. 

7 COMMUNITY PLANNING AND DEVELOPMENT

8 For necessary salaries and expenses of the Office of 

9 Community Planning and Development, $109,000,000. 

10 HOUSING

11 For necessary salaries and expenses of the Office of 

12 Housing, $387,000,000. 

13 POLICY DEVELOPMENT AND RESEARCH

14 For necessary salaries and expenses of the Office of 

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

16 FAIR HOUSING AND EQUAL OPPORTUNITY

17 For necessary salaries and expenses of the Office of 

18 Fair Housing and Equal Opportunity, $72,000,000. 

19 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

20 HOMES

21 For necessary salaries and expenses of the Office of 

22 Lead Hazard Control and Healthy Homes, $8,000,000. 


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1 WORKING CAPITAL FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the working capital fund for the Department of 

4 Housing and Urban Development (referred to in this para5 graph as the ‘‘Fund’’), pursuant, in part, to section 7(f) 

6 of the Department of Housing and Urban Development 

7 Act (42 U.S.C. 3535(f)), amounts transferred to the Fund 

8 under this heading shall be available for Federal shared 

9 services used by offices and agencies of the Department, 

10 and for such portion of any office or agency’s printing, 

11 records management, space renovation, furniture, or sup12 ply services as the Secretary determines shall be derived 

13 from centralized sources made available by the Depart14 ment to all offices and agencies and funded through the 

15 Fund: Provided, That of the amounts made available in 

16 this title for salaries and expenses under the headings 

17 ‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, 

18 ‘‘Program Office Salaries and Expenses’’, and ‘‘Govern19 ment National Mortgage Association’’, the Secretary shall 

20 transfer to the Fund such amounts, to remain available 

21 until expended, as are necessary to fund services, specified 

22 in the first proviso, for which the appropriation would oth23 erwise have been available, and may transfer not to exceed 

24 an additional $10,000,000, in aggregate, from all such ap25 propriations, to be merged with the Fund and to remain 


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1 available until expended for use for any office or agency: 

2 Provided further, That amounts in the Fund shall be the 

3 only amounts available to each office or agency of the De4 partment for the services, or portion of services, specified 

5 in the first proviso: Provided further, That with respect 

6 to the Fund, the authorities and conditions under this 

7 heading shall supplement the authorities and conditions 

8 provided under section 7(f). 

9 PUBLIC AND INDIAN HOUSING PROGRAMS

10 TENANT-BASED RENTAL ASSISTANCE

11 For activities and assistance for the provision of ten12 ant-based rental assistance authorized under the United 

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

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

15 $16,188,675,000, to remain available until expended, shall 

16 be available on October 1, 2016 (in addition to the 

17 $4,000,000,000 previously appropriated under this head18 ing that shall be available on October 1, 2016), and 

19 $4,000,000,000, to remain available until expended, shall 

20 be available on October 1, 2017: Provided, That the 

21 amounts made available under this heading are provided 

22 as follows: 

23 (1) $18,311,675,000 shall be available for re24 newals of expiring section 8 tenant-based annual 

25 contributions contracts (including renewals of enVerDate Sep 11 2014 22:01 Jun 07, 2016 Jkt 059200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.RH H5394

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1 hanced vouchers under any provision of law author2 izing such assistance under section 8(t) of the Act) 

3 and including renewal of other special purpose incre4 mental vouchers: Provided, That notwithstanding 

5 any other provision of law, from amounts provided 

6 under this paragraph and any carryover, the Sec7 retary for the calendar year 2017 funding cycle shall 

8 provide renewal funding for each public housing 

9 agency based on validated voucher management sys10 tem (VMS) leasing and cost data for the prior cal11 endar year and by applying an inflation factor as es12 tablished by the Secretary, by notice published in 

13 the Federal Register, and by making any necessary 

14 adjustments for the costs associated with the first15 time renewal of vouchers under this paragraph in16 cluding tenant protection, and Choice Neighborhoods 

17 vouchers: Provided further, That in determining cal18 endar year 2017 funding allocations under this 

19 heading for public housing agencies, including agen20 cies participating in the Moving To Work (MTW) 

21 demonstration, the Secretary may take into account 

22 the anticipated impact of changes in targeting and 

23 utility allowances, on public housing agencies’ con24 tract renewal needs: Provided further, That none of 

25 the funds provided under this paragraph may be 


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1 used to fund a total number of unit months under 

2 lease which exceeds a public housing agency’s au3 thorized level of units under contract, except for 

4 public housing agencies participating in the MTW 

5 demonstration, which are instead governed by the 

6 terms and conditions of their MTW agreements: 

7 Provided further, That the Secretary shall, to the ex8 tent necessary to stay within the amount specified 

9 under this paragraph (except as otherwise modified 

10 under this paragraph), prorate each public housing 

11 agency’s allocation otherwise established pursuant to 

12 this paragraph: Provided further, That except as 

13 provided in the following provisos, the entire amount 

14 specified under this paragraph (except as otherwise 

15 modified under this paragraph) shall be obligated to 

16 the public housing agencies based on the allocation 

17 and pro rata method described above, and the Sec18 retary shall notify public housing agencies of their 

19 annual budget by the latter of 60 days after enact20 ment of this Act or March 1, 2017: Provided further, 

21 That the Secretary may extend the notification pe22 riod with the prior written approval of the House 

23 and Senate Committees on Appropriations: Provided 

24 further, That public housing agencies participating 

25 in the MTW demonstration shall be funded pursuant 


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1 to their MTW agreements, and in accordance with 

2 the requirements of the MTW program, and shall be 

3 subject to the same pro rata adjustments under the 

4 previous provisos: Provided further, That the Sec5 retary may offset public housing agencies’ calendar 

6 year 2017 allocations based on the excess amounts 

7 of public housing agencies’ net restricted assets ac8 counts, including HUD held programmatic reserves 

9 (in accordance with VMS data in calendar year 2016 

10 that is verifiable and complete), as determined by 

11 the Secretary: Provided further, That public housing 

12 agencies participating in the MTW demonstration 

13 shall also be subject to the offset, as determined by 

14 the Secretary, excluding amounts subject to the sin15 gle fund budget authority provisions of their MTW 

16 agreements, from the agencies’ calendar year 2017 

17 MTW funding allocation: Provided further, That the 

18 Secretary shall use any offset referred to in the pre19 vious two provisos throughout the calendar year to 

20 prevent the termination of rental assistance for fam21 ilies as the result of insufficient funding, as deter22 mined by the Secretary, and to avoid or reduce the 

23 proration of renewal funding allocations: Provided 

24 further, That up to $75,000,000 shall be available 

25 only: (1) for adjustments in the allocations for public 


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1 housing agencies, after application for an adjust2 ment by a public housing agency that experienced a 

3 significant increase, as determined by the Secretary, 

4 in renewal costs of vouchers resulting from unfore5 seen circumstances or from portability under section 

6 8(r) of the Act; (2) for vouchers that were not in use 

7 during the previous 12-month period in order to be 

8 available to meet a commitment pursuant to section 

9 8(o)(13) of the Act; (3) for adjustments for costs as10 sociated with HUD-Veterans Affairs Supportive 

11 Housing (HUD–VASH) vouchers; and (4) for public 

12 housing agencies that despite taking reasonable cost 

13 savings measures, as determined by the Secretary, 

14 would otherwise be required to terminate rental as15 sistance for families as a result of insufficient fund16 ing: Provided further, That the Secretary shall allo17 cate amounts under the previous proviso based on 

18 need, as determined by the Secretary; 

19 (2) $110,000,000 shall be for section 8 rental 

20 assistance for relocation and replacement of housing 

21 units that are demolished or disposed of pursuant to 

22 section 18 of the Act, conversion of section 23 

23 projects to assistance under section 8, the family 

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

25 relocation of witnesses in connection with efforts to 


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1 combat crime in public and assisted housing pursu2 ant to a request from a law enforcement or prosecu3 tion agency, enhanced vouchers under any provision 

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

5 of the Act, HOPE VI and Choice Neighborhood 

6 vouchers, mandatory and voluntary conversions, and 

7 tenant protection assistance including replacement 

8 and relocation assistance or for project-based assist9 ance to prevent the displacement of unassisted elder10 ly tenants currently residing in section 202 prop11 erties financed between 1959 and 1974 that are refi12 nanced pursuant to Public Law 106–569, as amend13 ed, or under the authority as provided under this 

14 Act: Provided, That when a public housing develop15 ment is submitted for demolition or disposition 

16 under section 18 of the Act, the Secretary may pro17 vide section 8 rental assistance when the units pose 

18 an imminent health and safety risk to residents: 

19 Provided further, That the Secretary may only pro20 vide replacement vouchers for units that were occu21 pied within the previous 24 months that cease to be 

22 available as assisted housing, subject only to the 

23 availability of funds: Provided further, That of the 

24 amounts made available under this paragraph, 

25 $5,000,000 may be available to provide tenant proVerDate Sep 11 2014 22:01 Jun 07, 2016 Jkt 059200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.RH H5394

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1 tection assistance, not otherwise provided under this 

2 paragraph, to residents residing in low vacancy 

3 areas and who may have to pay rents greater than 

4 30 percent of household income, as the result of: (A) 

5 the maturity of a HUD-insured, HUD-held or sec6 tion 202 loan that requires the permission of the 

7 Secretary prior to loan prepayment; (B) the expira8 tion of a rental assistance contract for which the 

9 tenants are not eligible for enhanced voucher or ten10 ant protection assistance under existing law; or (C) 

11 the expiration of affordability restrictions accom12 panying a mortgage or preservation program admin13 istered by the Secretary: Provided further, That such 

14 tenant protection assistance made available under 

15 the previous proviso may be provided under the au16 thority of section 8(t) or section 8(o)(13) of the 

17 United States Housing Act of 1937 (42 U.S.C. 

18 1437f(t)): Provided further, That any tenant protec19 tion voucher made available from amounts under 

20 this paragraph shall not be reissued by any public 

21 housing agency, except the replacement vouchers as 

22 defined by the Secretary by notice, when the initial 

23 family that received any such voucher no longer re24 ceives such voucher, and the authority for any public 


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1 housing agency to issue any such voucher shall cease 

2 to exist; 

3 (3) $1,650,000,000 shall be for administrative 

4 and other expenses of public housing agencies in ad5 ministering the section 8 tenant-based rental assist6 ance program, of which up to $10,000,000 shall be 

7 available to the Secretary to allocate to public hous8 ing agencies that need additional funds to admin9 ister their section 8 programs, including fees associ10 ated with section 8 tenant protection rental assist11 ance, the administration of disaster related vouchers, 

12 Veterans Affairs Supportive Housing vouchers, and 

13 other special purpose incremental vouchers: Pro14 vided, That no less than $1,640,000,000 of the 

15 amount provided in this paragraph shall be allocated 

16 to public housing agencies for the calendar year 

17 2017 funding cycle based on section 8(q) of the Act 

18 (and related Appropriation Act provisions) as in ef19 fect immediately before the enactment of the Quality 

20 Housing and Work Responsibility Act of 1998 (Pub21 lic Law 105–276): Provided further, That if the 

22 amounts made available under this paragraph are 

23 insufficient to pay the amounts determined under 

24 the previous proviso, the Secretary may decrease the 

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1 age applicable to all agencies receiving funding 

2 under this paragraph or may, to the extent nec3 essary to provide full payment of amounts deter4 mined under the previous proviso, utilize unobligated 

5 balances, including recaptures and carryovers, re6 maining from funds appropriated to the Department 

7 of Housing and Urban Development under this 

8 heading from prior fiscal years, excluding special 

9 purpose vouchers, notwithstanding the purposes for 

10 which such amounts were appropriated: Provided 

11 further, That all public housing agencies partici12 pating in the MTW demonstration shall be funded 

13 pursuant to their MTW agreements, and in accord14 ance with the requirements of the MTW program, 

15 and shall be subject to the same uniform percentage 

16 decrease as under the previous proviso: Provided fur17 ther, That amounts provided under this paragraph 

18 shall be only for activities related to the provision of 

19 tenant-based rental assistance authorized under sec20 tion 8, including related development activities; 

21 (4) $110,000,000 for the renewal of tenant22 based assistance contracts under section 811 of the 

23 Cranston-Gonzalez National Affordable Housing Act 

24 (42 U.S.C. 8013), including necessary administra25 tive expenses: Provided, That administrative and 


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1 other expenses of public housing agencies in admin2 istering the special purpose vouchers in this para3 graph shall be funded under the same terms and be 

4 subject to the same pro rata reduction as the per5 cent decrease for administrative and other expenses 

6 to public housing agencies under paragraph (3) of 

7 this heading; 

8 (5) $7,000,000 shall be for rental assistance 

9 and associated administrative fees for Tribal HUD– 

10 VA Supportive Housing to serve Native American 

11 veterans that are homeless or at-risk of homeless12 ness living on or near a reservation or other Indian 

13 areas: Provided, That such amount shall be made 

14 available for renewal grants to the recipients that re15 ceived assistance under the rental assistance and 

16 supportive housing demonstration program for Na17 tive American veterans authorized under the heading 

18 ‘‘TENANT-BASED RENTAL ASSISTANCE’’ in title II of 

19 division K of the Consolidated and Further Con20 tinuing Appropriations Act, 2015 (Public Law 113– 

21 235, 128 Stat. 2733): Provided further, That the 

22 Secretary shall be authorized to specify criteria for 

23 renewal grants, including data on the utilization of 

24 assistance reported by grant recipients under the 

25 demonstration program: Provided further, That any 


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1 amounts remaining after such renewal assistance is 

2 awarded may be available for new grants to recipi3 ents eligible to receive block grants under the Native 

4 American Housing Assistance and Self-Determina5 tion Act of 1996 (25 U.S.C. section 4101 et seq.) 

6 for rental assistance and associated administrative 

7 fees for Tribal HUD–VA Supportive Housing to 

8 serve Native American veterans that are homeless or 

9 at-risk of homelessness living on or near a reserva10 tion or other Indian areas: Provided further, That 

11 funds shall be awarded based on need, administra12 tive capacity, and any other funding criteria estab13 lished by the Secretary in a Notice published in the 

14 Federal Register after coordination with the Sec15 retary of the Department of Veterans Affairs: Pro16 vided further, That renewal grants and new grants 

17 under this paragraph shall be administered by block 

18 grant recipients in accordance with program require19 ments under the Native American Housing Assist20 ance and Self-Determination Act of 1996: Provided 

21 further, That assistance under this paragraph shall 

22 be modeled after, with necessary and appropriate ad23 justments for Native American grant recipients and 

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1 cluding administration in conjunction with the De2 partment of Veterans Affairs and overall implemen3 tation of section 8(o)(19) of the United States 

4 Housing Act of 1937: Provided further, That the 

5 Secretary of Housing and Urban Development may 

6 waive, or specify alternative requirements for any 

7 provision of any statute or regulation that the Sec8 retary of Housing and Urban Development admin9 isters in connection with the use of funds made 

10 available under this paragraph (except for require11 ments related to fair housing, nondiscrimination, 

12 labor standards, and the environment), upon a find13 ing by the Secretary that any such waivers or alter14 native requirements are necessary for the effective 

15 delivery and administration of such assistance: Pro16 vided further, That grant recipients shall report to 

17 the Secretary on utilization of such rental assistance 

18 and other program data, as prescribed by the Sec19 retary; and 

20 (6) the Secretary shall separately track all spe21 cial purpose vouchers funded under this heading. 

22 HOUSING CERTIFICATE FUND

23 (INCLUDING RESCISSIONS)

24 Unobligated balances, including recaptures and car25 ryover, remaining from funds appropriated to the DepartVerDate Sep 11 2014 22:01 Jun 07, 2016 Jkt 059200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.RH H5394

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1 ment of Housing and Urban Development under this 

2 heading, the heading ‘‘Annual Contributions for Assisted 

3 Housing’’ and the heading ‘‘Project-Based Rental Assist4 ance’’, for fiscal year 2017 and prior years may be used 

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

6 contracts and for performance-based contract administra7 tors, notwithstanding the purposes for which such funds 

8 were appropriated: Provided, That any obligated balances 

9 of contract authority from fiscal year 1974 and prior that 

10 have been terminated shall be rescinded: Provided further, 

11 That amounts heretofore recaptured, or recaptured during 

12 the current fiscal year, from section 8 project-based con13 tracts from source years fiscal year 1975 through fiscal 

14 year 1987 are hereby rescinded, and an amount of addi15 tional new budget authority, equivalent to the amount re16 scinded is hereby appropriated, to remain available until 

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

18 in addition to amounts otherwise available. 

19 PUBLIC HOUSING CAPITAL FUND

20 For the Public Housing Capital Fund Program to 

21 carry out capital and management activities for public 

22 housing agencies, as authorized under section 9 of the 

23 United States Housing Act of 1937 (42 U.S.C. 1437g) 

24 (the ‘‘Act’’) $1,900,000,000, to remain available until 

25 September 30, 2020: Provided, That notwithstanding any 


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1 other provision of law or regulation, during fiscal year 

2 2017, the Secretary of Housing and Urban Development 

3 may not delegate to any Department official other than 

4 the Deputy Secretary and the Assistant Secretary for 

5 Public and Indian Housing any authority under paragraph 

6 (2) of section 9(j) regarding the extension of the time peri7 ods under such section: Provided further, That for pur8 poses of such section 9(j), the term ‘‘obligate’’ means, with 

9 respect to amounts, that the amounts are subject to a 

10 binding agreement that will result in outlays, immediately 

11 or in the future: Provided further, That up to $10,000,000 

12 shall be to support ongoing Public Housing Financial and 

13 Physical Assessment activities: Provided further, That up 

14 to $1,000,000 shall be to support the costs of administra15 tive and judicial receiverships: Provided further, That of 

16 the total amount provided under this heading, not to ex17 ceed $20,000,000 shall be available for the Secretary to 

18 make grants, notwithstanding section 204 of this Act, to 

19 public housing agencies for emergency capital needs in20 cluding safety and security measures necessary to address 

21 crime and drug-related activity as well as needs resulting 

22 from unforeseen or unpreventable emergencies and nat23 ural disasters excluding Presidentially declared emer24 gencies and natural disasters under the Robert T. Stafford 

25 Disaster Relief and Emergency Act (42 U.S.C. 5121 et 


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1 seq.) occurring in fiscal year 2017: Provided further, That 

2 of the amount made available under the previous proviso, 

3 not less than $5,000,000 shall be for safety and security 

4 measures: Provided further, That of the total amount pro5 vided under this heading $35,000,000 shall be for sup6 portive services, service coordinator and congregate serv7 ices as authorized by section 34 of the Act (42 U.S.C. 

8 1437z-6) and the Native American Housing Assistance 

9 and Self-Determination Act of 1996 (25 U.S.C. 4101 et 

10 seq.): Provided further, That of the total amount made 

11 available under this heading, $15,000,000 shall be for a 

12 Jobs-Plus initiative modeled after the Jobs-Plus dem13 onstration: Provided further, That the funding provided 

14 under the previous proviso shall provide competitive grants 

15 to partnerships between public housing authorities, local 

16 workforce investment boards established under section 

17 117 of the Workforce Investment Act of 1998, and other 

18 agencies and organizations that provide support to help 

19 public housing residents obtain employment and increase 

20 earnings: Provided further, That applicants must dem21 onstrate the ability to provide services to residents, part22 ner with workforce investment boards, and leverage service 

23 dollars: Provided further, That the Secretary may allow 

24 public housing agencies to request exemptions from rent 

25 and income limitation requirements under sections 3 and 


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1 6 of the United States Housing Act of 1937 as necessary 

2 to implement the Jobs-Plus program, on such terms and 

3 conditions as the Secretary may approve upon a finding 

4 by the Secretary that any such waivers or alternative re5 quirements are necessary for the effective implementation 

6 of the Jobs-Plus initiative as a voluntary program for resi7 dents: Provided further, That the Secretary shall publish 

8 by notice in the Federal Register any waivers or alter9 native requirements pursuant to the preceding proviso no 

10 later than 10 days before the effective date of such notice: 

11 Provided further, That for funds provided under this head12 ing, the limitation in section 9(g)(1) of the Act shall be 

13 25 percent: Provided further, That the Secretary may 

14 waive the limitation in the previous proviso to allow public 

15 housing agencies to fund activities authorized under sec16 tion 9(e)(1)(C) of the Act: Provided further, That the Sec17 retary shall notify public housing agencies requesting 

18 waivers under the previous proviso if the request is ap19 proved or denied within 14 days of submitting the request: 

20 Provided further, That from the funds made available 

21 under this heading, the Secretary shall provide bonus 

22 awards in fiscal year 2017 to public housing agencies that 

23 are designated high performers: Provided further, That the 

24 Department shall notify public housing agencies of their 

25 formula allocation within 60 days of enactment of this Act. 


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1 PUBLIC HOUSING OPERATING FUND

2 For 2017 payments to public housing agencies for the 

3 operation and management of public housing, as author4 ized by section 9(e) of the United States Housing Act of 

5 1937 (42 U.S.C. 1437g(e)), $4,500,000,000, to remain 

6 available until September 30, 2018. 

7 CHOICE NEIGHBORHOODS INITIATIVE

8 For competitive grants under the Choice Neighbor9 hoods Initiative (subject to section 24 of the United States 

10 Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 

11 specified under this heading), for transformation, rehabili12 tation, and replacement housing needs of both public and 

13 HUD-assisted housing and to transform neighborhoods of 

14 poverty into functioning, sustainable mixed income neigh15 borhoods with appropriate services, schools, public assets, 

16 transportation and access to jobs, $100,000,000, to re17 main available until September 30, 2019: Provided, That 

18 grant funds may be used for resident and community serv19 ices, community development, and affordable housing 

20 needs in the community, and for conversion of vacant or 

21 foreclosed properties to affordable housing: Provided fur22 ther, That the use of funds made available under this 

23 heading shall not be deemed to be public housing notwith24 standing section 3(b)(1) of such Act: Provided further, 

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1 fordability determined by the Secretary of not fewer than 

2 20 years: Provided further, That grantees shall undertake 

3 comprehensive local planning with input from residents 

4 and the community, and that grantees shall provide a 

5 match in State, local, other Federal or private funds: Pro6 vided further, That grantees may include local govern7 ments, tribal entities, public housing authorities, and non8 profits: Provided further, That for-profit developers may 

9 apply jointly with a public entity: Provided further, That 

10 for purposes of environmental review, a grantee shall be 

11 treated as a public housing agency under section 26 of 

12 the United States Housing Act of 1937 (42 U.S.C. 

13 1437x), and grants under this heading shall be subject 

14 to the regulations issued by the Secretary to implement 

15 such section: Provided further, That of the amount pro16 vided, not less than $50,000,000 shall be awarded to pub17 lic housing agencies: Provided further, That such grantees 

18 shall create partnerships with other local organizations in19 cluding assisted housing owners, service agencies, and 

20 resident organizations: Provided further, That the Sec21 retary shall consult with the Secretaries of Education, 

22 Labor, Transportation, Health and Human Services, Agri23 culture, and Commerce, the Attorney General, and the Ad24 ministrator of the Environmental Protection Agency to co25 ordinate and leverage other appropriate Federal resources: 


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1 Provided further, That no more than $5,000,000 of funds 

2 made available under this heading may be provided to as3 sist communities in developing comprehensive strategies 

4 for implementing this program or implementing other revi5 talization efforts in conjunction with community notice 

6 and input: Provided further, That the Secretary shall de7 velop and publish guidelines for the use of such competi8 tive funds, including but not limited to eligible activities, 

9 program requirements, and performance metrics: Provided 

10 further, That unobligated balances, including recaptures, 

11 remaining from funds appropriated under the heading 

12 ‘‘Revitalization of Severely Distressed Public Housing 

13 (HOPE VI)’’ in fiscal year 2011 and prior fiscal years 

14 may be used for purposes under this heading, notwith15 standing the purposes for which such amounts were appro16 priated. 

17 FAMILY SELF-SUFFICIENCY

18 For the Family Self-Sufficiency program to support 

19 family self-sufficiency coordinators under section 23 of the 

20 United States Housing Act of 1937, to promote the devel21 opment of local strategies to coordinate the use of assist22 ance under sections 8(o) and 9 of such Act with public 

23 and private resources, and enable eligible families to 

24 achieve economic independence and self-sufficiency, 

25 $75,000,000, to remain available until September 30, 


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1 2018: Provided, That the Secretary may, by Federal Reg2 ister notice, waive or specify alternative requirements 

3 under sections b(3), b(4), b(5), or c(1) of section 23 of 

4 such Act in order to facilitate the operation of a unified 

5 self-sufficiency program for individuals receiving assist6 ance under different provisions of the Act, as determined 

7 by the Secretary: Provided further, That owners of a pri8 vately owned multifamily property with a section 8 con9 tract may voluntarily make a Family Self-Sufficiency pro10 gram available to the assisted tenants of such property 

11 in accordance with procedures established by the Sec12 retary: Provided further, That such procedures established 

13 pursuant to the previous proviso shall permit participating 

14 tenants to accrue escrow funds in accordance with section 

15 23(d)(2) and shall allow owners to use funding from resid16 ual receipt accounts to hire coordinators for their own 

17 Family Self-Sufficiency program. 

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.), $655,000,000, to 

23 remain available until September 30, 2021: Provided, 

24 That, notwithstanding the Native American Housing As25 sistance and Self-Determination Act of 1996, to determine 


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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 $3,500,000 shall be contracted for assistance for national 

10 or regional organizations representing Native American 

11 housing interests for providing training and technical as12 sistance to Indian housing authorities and tribally des13 ignated housing entities as authorized under NAHASDA: 

14 Provided further, That of the funds made available under 

15 the previous proviso, not less than $2,000,000 shall be 

16 made available for a national organization as authorized 

17 under section 703 of NAHASDA (25 U.S.C. 4212): Pro18 vided further, That of the amounts made available under 

19 this heading, $2,000,000 shall be to support the inspection 

20 of Indian housing units, contract expertise, training, and 

21 technical assistance in the training, oversight, and man22 agement of such Indian housing and tenant-based assist23 ance: Provided further, That of the amount provided under 

24 this heading, $2,000,000 shall be made available for the 

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1 ized by title VI of NAHASDA: Provided further, That such 

2 costs, including the costs of modifying such notes and 

3 other obligations, shall be as defined in section 502 of the 

4 Congressional Budget Act of 1974, as amended: Provided 

5 further, That these funds are available to subsidize the 

6 total principal amount of any notes and other obligations, 

7 any part of which is to be guaranteed, not to exceed 

8 $17,857,142: Provided further, That the Department will 

9 notify grantees of their formula allocation within 60 days 

10 of the date of enactment of this Act: Provided further, not11 withstanding section 302(d) of NAHASDA, if on January 

12 1, 2017, a recipient’s total amount of undisbursed block 

13 grants in the Department’s line of credit control system 

14 is greater than three times the formula allocation it would 

15 otherwise receive under this heading, the Secretary shall 

16 adjust that recipient’s formula allocation down by the dif17 ference between its total amount of undisbursed block 

18 grants in the Department’s line of credit control system 

19 on January 1, 2017, and three times the formula alloca20 tion it would otherwise receive: Provided further, That 

21 grant amounts not allocated to a recipient pursuant to the 

22 previous proviso shall be allocated under the need compo23 nent of the formula proportionately among all other In24 dian tribes not subject to an adjustment: Provided further, 

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1 dian tribe that would otherwise receive a formula alloca2 tion of less than $8,000,000: Provided further, That to 

3 take effect, the three previous provisos do not require 

4 issuance or amendment of any regulation, and shall not 

5 be construed to confer hearing rights under any section 

6 of NAHASDA or its implementing regulations. 

7 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

8 ACCOUNT

9 For the cost of guaranteed loans, as authorized by 

10 section 184 of the Housing and Community Development 

11 Act of 1992 (12 U.S.C. 1715z-13a), $5,500,000, to re12 main available until expended: Provided, That such costs, 

13 including the costs of modifying such loans, shall be as 

14 defined in section 502 of the Congressional Budget Act 

15 of 1974: Provided further, That these funds are available 

16 to subsidize total loan principal, any part of which is to 

17 be guaranteed, up to $1,341,463,415, to remain available 

18 until expended: Provided further, That up to $750,000 of 

19 this amount may be for administrative contract expenses 

20 including management processes and systems to carry out 

21 the loan guarantee program. 

22 COMMUNITY PLANNING AND DEVELOPMENT

23 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

24 For carrying out the Housing Opportunities for Per25 sons with AIDS program, as authorized by the AIDS 


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1 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

2 $335,000,000, to remain available until September 30, 

3 2018, except that amounts allocated pursuant to section 

4 854(c)(3) of such Act shall remain available until Sep5 tember 30, 2019: Provided, That the Secretary shall renew 

6 all expiring contracts for permanent supportive housing 

7 that initially were funded under section 854(c)(3) of such 

8 Act from funds made available under this heading in fiscal 

9 year 2010 and prior fiscal years that meet all program 

10 requirements before awarding funds for new contracts 

11 under such section: Provided further, That the Depart12 ment shall notify grantees of their formula allocation with13 in 60 days of enactment of this Act. 

14 COMMUNITY DEVELOPMENT FUND

15 For assistance to units of State and local govern16 ment, and to other entities, for economic and community 

17 development activities, and for other purposes, 

18 $3,060,000,000, to remain available until September 30, 

19 2019, unless otherwise specified: Provided, That of the 

20 total amount provided, $3,000,000,000 is for carrying out 

21 the community development block grant program under 

22 title I of the Housing and Community Development Act 

23 of 1974, as amended (‘‘the Act’’ herein) (42 U.S.C. 5301 

24 et seq.): Provided further, That unless explicitly provided 

25 for under this heading, not to exceed 20 percent of any 


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1 grant made with funds appropriated under this heading 

2 shall be expended for planning and management develop3 ment and administration: Provided further, That a metro4 politan city, urban county, unit of general local govern5 ment, or Indian tribe, or insular area that directly or indi6 rectly receives funds under this heading may not sell, 

7 trade, or otherwise transfer all or any portion of such 

8 funds to another such entity in exchange for any other 

9 funds, credits or non-Federal considerations, but must use 

10 such funds for activities eligible under title I of the Act: 

11 Provided further, That notwithstanding section 105(e)(1) 

12 of the Act, no funds provided under this heading may be 

13 provided to a for-profit entity for an economic develop14 ment project under section 105(a)(17) unless such project 

15 has been evaluated and selected in accordance with guide16 lines required under subparagraph (e)(2): Provided fur17 ther, That the Department shall notify grantees of their 

18 formula allocation within 60 days of enactment of this Act: 

19 Provided further, That of the total amount provided under 

20 this heading $60,000,000 shall be for grants to Indian 

21 tribes notwithstanding section 106(a)(1) of such Act, of 

22 which, notwithstanding any other provision of law (includ23 ing section 204 of this Act), up to $4,000,000 may be 

24 used for emergencies that constitute imminent threats to 

25 health and safety. 


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1 COMMUNITY DEVELOPMENT LOAN GUARANTEES

2 PROGRAM ACCOUNT

3 Subject to section 502 of the Congressional Budget 

4 Act of 1974, during fiscal year 2017, commitments to 

5 guarantee loans under section 108 of the Housing and 

6 Community Development Act of 1974 (42 U.S.C. 5308), 

7 any part of which is guaranteed, shall not exceed a total 

8 principal amount of $300,000,000, notwithstanding any 

9 aggregate limitation on outstanding obligations guaran10 teed in subsection (k) of such section 108: Provided, That 

11 the Secretary shall collect fees from borrowers, notwith12 standing subsection (m) of such section 108, to result in 

13 a credit subsidy cost of zero for guaranteeing such loans, 

14 and any such fees shall be collected in accordance with 

15 section 502(7) of the Congressional Budget Act of 1974. 

16 HOME INVESTMENT PARTNERSHIPS PROGRAM

17 For the HOME Investment Partnerships program, as 

18 authorized under title II of the Cranston-Gonzalez Na19 tional Affordable Housing Act, as amended, 

20 $950,000,000, to remain available until September 30, 

21 2020: Provided, That notwithstanding the amount made 

22 available under this heading, the threshold reduction re23 quirements in sections 216(10) and 217(b)(4) of such Act 

24 shall not apply to allocations of such amount: Provided 

25 further, That the requirements under provisos 2 through 


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1 6 under this heading for fiscal year 2012 and such re2 quirements applicable pursuant to the ‘‘Full-Year Con3 tinuing Appropriations Act, 2013’’, shall not apply to any 

4 project to which funds were committed on or after August 

5 23, 2013, but such projects shall instead be governed by 

6 the Final Rule titled ‘‘Home Investment Partnerships 

7 Program; Improving Performance and Accountability; Up8 dating Property Standards’’ which became effective on 

9 such date: Provided further, That the Department shall 

10 notify grantees of their formula allocation within 60 days 

11 of enactment of this Act. 

12 SELF-HELP AND ASSISTED HOMEOWNERSHIP

13 OPPORTUNITY PROGRAM

14 For the Self-Help and Assisted Homeownership Op15 portunity Program, as authorized under section 11 of the 

16 Housing Opportunity Program Extension Act of 1996, as 

17 amended, $50,000,000, to remain available until Sep18 tember 30, 2019: Provided, That of the total amount pro19 vided under this heading, $10,000,000 shall be made 

20 available to the Self-Help and Assisted Homeownership 

21 Opportunity Program as authorized under section 11 of 

22 the Housing Opportunity Program Extension Act of 1996, 

23 as amended: Provided further, That of the total amount 

24 provided under this heading, $35,000,000 shall be made 

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1 ing activities authorized under section 4(a) of the HUD 

2 Demonstration Act of 1993 (42 U.S.C. 9816 note), of 

3 which not less than $5,000,000 shall be made available 

4 for rural capacity building activities: Provided further, 

5 That of the total amount provided under this heading, 

6 $5,000,000 shall be made available for capacity building 

7 by national rural housing organizations with experience 

8 assessing national rural conditions and providing financ9 ing, training, technical assistance, information, and re10 search to local nonprofits, local governments and Indian 

11 Tribes serving high need rural communities. 

12 HOMELESS ASSISTANCE GRANTS

13 For the Emergency Solutions Grants program as au14 thorized under subtitle B of title IV of the McKinney15 Vento Homeless Assistance Act, as amended; the Con16 tinuum of Care program as authorized under subtitle C 

17 of title IV of such Act; and the Rural Housing Stability 

18 Assistance program as authorized under subtitle D of title 

19 IV of such Act, $2,487,000,000, to remain available until 

20 September 30, 2019: Provided, That any rental assistance 

21 amounts that are recaptured under such Continuum of 

22 Care program shall remain available until expended: Pro23 vided further, That not less than $310,000,000 of the 

24 funds appropriated under this heading shall be available 

25 for such Emergency Solutions Grants program, of which, 


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1 $40,000,000 shall be made available, as determined by the 

2 Secretary, for grants for rapid re-housing or other critical 

3 activities in order to assist communities that lost signifi4 cant capacity after January 1, 2016 to serve persons expe5 riencing homelessness: Provided further, That not less 

6 than $2,014,000,000 of the funds appropriated under this 

7 heading shall be available for such Continuum of Care and 

8 Rural Housing Stability Assistance programs: Provided 

9 further, That up to $7,000,000 of the funds appropriated 

10 under this heading shall be available for the national 

11 homeless data analysis project: Provided further, That all 

12 funds awarded for supportive services under the Con13 tinuum of Care program and the Rural Housing Stability 

14 Assistance program shall be matched by not less than 25 

15 percent in cash or in kind by each grantee: Provided fur16 ther, That for all match requirements applicable to funds 

17 made available under this heading for this fiscal year and 

18 prior years, a grantee may use (or could have used) as 

19 a source of match funds other funds administered by the 

20 Secretary and other Federal agencies unless there is (or 

21 was) a specific statutory prohibition on any such use of 

22 any such funds: Provided further, That the Secretary shall 

23 collect system performance measures for each continuum 

24 of care, and that relative to fiscal year 2015, under the 

25 Continuum of Care competition with respect to funds 


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1 made available under this heading, the Secretary shall 

2 base an increasing share of the score on performance cri3 teria: Provided further, That none of the funds provided 

4 under this heading shall be available to provide funding 

5 for new projects, except for projects created through re6 allocation, unless the Secretary determines that the con7 tinuum of care has demonstrated that projects are evalu8 ated and ranked based on the degree to which they im9 prove the continuum of care’s system performance: Pro10 vided further, That the Secretary shall prioritize funding 

11 under the Continuum of Care program to continuums of 

12 care that have demonstrated a capacity to reallocate fund13 ing from lower performing projects to higher performing 

14 projects: Provided further, That all awards of assistance 

15 under this heading shall be required to coordinate and in16 tegrate homeless programs with other mainstream health, 

17 social services, and employment programs for which home18 less populations may be eligible: Provided further, That 

19 any unobligated amounts remaining from funds appro20 priated under this heading in fiscal year 2012 and prior 

21 years for project-based rental assistance for rehabilitation 

22 projects with 10-year grant terms may be used for pur23 poses under this heading, notwithstanding the purposes 

24 for which such funds were appropriated: Provided further, 

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1 viously funded from the Shelter Plus Care Renewal ac2 count and transferred to this account shall be available, 

3 if recaptured, for Continuum of Care renewals in fiscal 

4 year 2017: Provided further, That the Department shall 

5 notify grantees of their formula allocation from amounts 

6 allocated (which may represent initial or final amounts al7 located) for the Emergency Solutions Grant program with8 in 60 days of enactment of this Act: Provided further, That 

9 youth aged 24 and under seeking assistance under this 

10 heading shall not be required to provide third party docu11 mentation to establish their eligibility under 42 U.S.C. 

12 11302(a) or (b) to receive services: Provided further, That 

13 unaccompanied youth aged 24 and under or families head14 ed by youth aged 24 and under who are living in unsafe 

15 situations may be served by youth-serving providers fund16 ed under this heading: Provided further, That the Sec17 retary may use amounts made available under this head18 ing for the Continuum of Care program to renew a grant 

19 originally awarded pursuant to the matter under the head20 ing ‘‘Department of Housing and Urban Development— 

21 Permanent Supportive Housing’’ in chapter 6 of title III 

22 of the Supplemental Appropriations Act, 2008 (Public 

23 Law 110–252; 122 Stat. 2351) for assistance under sub24 title F of title IV of the McKinney-Vento Homeless Assist25 ance Act (42 U.S.C. 11403 et seq.): Provided further, That 


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1 such renewal grant shall be awarded to the same grantee 

2 and be subject to the provisions of such Continuum of 

3 Care program except that the funds may be used outside 

4 the geographic area of the continuum of care. 

5 HOUSING PROGRAMS

6 PROJECT-BASED RENTAL ASSISTANCE

7 For activities and assistance for the provision of 

8 project-based subsidy contracts under the United States 

9 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

10 Act’’), not otherwise provided for, $10,501,000,000, to re11 main available until expended, shall be available on Octo12 ber 1, 2016 (in addition to the $400,000,000 previously 

13 appropriated under this heading that became available Oc14 tober 1, 2016), and $400,000,000, to remain available 

15 until expended, shall be available on October 1, 2017: Pro16 vided, That the amounts made available under this head17 ing shall be available for expiring or terminating section 

18 8 project-based subsidy contracts (including section 8 

19 moderate rehabilitation contracts), for amendments to sec20 tion 8 project-based subsidy contracts (including section 

21 8 moderate rehabilitation contracts), for contracts entered 

22 into pursuant to section 441 of the McKinney-Vento 

23 Homeless Assistance Act (42 U.S.C. 11401), for renewal 

24 of section 8 contracts for units in projects that are subject 

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1 come Housing Preservation Act of 1987 or the Low-In2 come Housing Preservation and Resident Homeownership 

3 Act of 1990, and for administrative and other expenses 

4 associated with project-based activities and assistance 

5 funded under this paragraph: Provided further, That of 

6 the total amounts provided under this heading, not to ex7 ceed $235,000,000 shall be available for performance8 based contract administrators for section 8 project-based 

9 assistance, for carrying out 42 U.S.C. 1437(f): Provided 

10 further, That the Secretary of Housing and Urban Devel11 opment may also use such amounts in the previous proviso 

12 for performance-based contract administrators for the ad13 ministration of: interest reduction payments pursuant to 

14 section 236(a) of the National Housing Act (12 U.S.C. 

15 1715z-1(a)); rent supplement payments pursuant to sec16 tion 101 of the Housing and Urban Development Act of 

17 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assist18 ance payments (12 U.S.C. 1715z-1(f)(2)); project rental 

19 assistance contracts for the elderly under section 

20 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); 

21 project rental assistance contracts for supportive housing 

22 for persons with disabilities under section 811(d)(2) of the 

23 Cranston-Gonzalez National Affordable Housing Act (42 

24 U.S.C. 8013(d)(2)); project assistance contracts pursuant 

25 to section 202(h) of the Housing Act of 1959 (Public Law 


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1 86–372; 73 Stat. 667); and loans under section 202 of 

2 the Housing Act of 1959 (Public Law 86–372; 73 Stat. 

3 667): Provided further, That amounts recaptured under 

4 this heading, the heading ‘‘Annual Contributions for As5 sisted Housing’’, or the heading ‘‘Housing Certificate 

6 Fund’’, may be used for renewals of or amendments to 

7 section 8 project-based contracts or for performance-based 

8 contract administrators, notwithstanding the purposes for 

9 which such amounts were appropriated: Provided further, 

10 That, notwithstanding any other provision of law, upon 

11 the request of the Secretary of Housing and Urban Devel12 opment, project funds that are held in residual receipts 

13 accounts for any project subject to a section 8 project14 based Housing Assistance Payments contract that author15 izes HUD or a Housing Finance Agency to require that 

16 surplus project funds be deposited in an interest-bearing 

17 residual receipts account and that are in excess of an 

18 amount to be determined by the Secretary, shall be remit19 ted to the Department and deposited in this account, to 

20 be available until expended: Provided further, That 

21 amounts deposited pursuant to the previous proviso shall 

22 be available in addition to the amount otherwise provided 

23 by this heading for uses authorized under this heading. 


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1 HOUSING FOR THE ELDERLY

2 For amendments to capital advance contracts for 

3 housing for the elderly, as authorized by section 202 of 

4 the Housing Act of 1959, as amended, and for project 

5 rental assistance for the elderly under section 202(c)(2) 

6 of such Act, including amendments to contracts for such 

7 assistance and renewal of expiring contracts for such as8 sistance for up to a 1-year term, and for senior preserva9 tion rental assistance contracts, including renewals, as au10 thorized by section 811(e) of the American Housing and 

11 Economic Opportunity Act of 2000, as amended, and for 

12 supportive services associated with the housing, 

13 $505,000,000 to remain available until September 30, 

14 2020: Provided, That of the amount provided under this 

15 heading, up to $75,000,000 shall be for service coordina16 tors and the continuation of existing congregate service 

17 grants for residents of assisted housing projects: Provided 

18 further, That amounts under this heading shall be avail19 able for Real Estate Assessment Center inspections and 

20 inspection-related activities associated with section 202 

21 projects: Provided further, That the Secretary may waive 

22 the provisions of section 202 governing the terms and con23 ditions of project rental assistance, except that the initial 

24 contract term for such assistance shall not exceed 5 years 

25 in duration: Provided further, That upon request of the 


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1 Secretary of Housing and Urban Development, project 

2 funds that are held in residual receipts accounts for any 

3 project subject to a section 202 project rental assistance 

4 contract, and that upon termination of such contract are 

5 in excess of an amount to be determined by the Secretary, 

6 shall be remitted to the Department and deposited in this 

7 account, to be available until September 30, 2020: Pro8 vided further, That amounts deposited in this account pur9 suant to the previous proviso shall be available, in addition 

10 to the amounts otherwise provided by this heading, for 

11 amendments and renewals: Provided further, That unobli12 gated balances, including recaptures and carryover, re13 maining from funds transferred to or appropriated under 

14 this heading shall be available for amendments and renew15 als notwithstanding the purposes for which such funds 

16 originally were appropriated. 

17 HOUSING FOR PERSONS WITH DISABILITIES

18 For amendments to capital advance contracts for 

19 supportive housing for persons with disabilities, as author20 ized by section 811 of the Cranston-Gonzalez National Af21 fordable Housing Act (42 U.S.C. 8013), for project rental 

22 assistance for supportive housing for persons with disabil23 ities under section 811(d)(2) of such Act and for project 

24 assistance contracts pursuant to section 202(h) of the 

25 Housing Act of 1959 (Public Law 86–372; 73 Stat. 667), 


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1 including amendments to contracts for such assistance 

2 and renewal of expiring contracts for such assistance for 

3 up to a 1-year term, for project rental assistance to State 

4 housing finance agencies and other appropriate entities as 

5 authorized under section 811(b)(3) of the Cranston-Gon6 zalez National Housing Act, and for supportive services 

7 associated with the housing for persons with disabilities 

8 as authorized by section 811(b)(1) of such Act, 

9 $154,000,000, to remain available until September 30, 

10 2020: Provided, That amounts made available under this 

11 heading shall be available for Real Estate Assessment 

12 Center inspections and inspection-related activities associ13 ated with section 811 projects: Provided further, That, in 

14 this fiscal year, upon the request of the Secretary of Hous15 ing and Urban Development, project funds that are held 

16 in residual receipts accounts for any project subject to a 

17 section 811 project rental assistance contract and that 

18 upon termination of such contract are in excess of an 

19 amount to be determined by the Secretary shall be remit20 ted to the Department and deposited in this account, to 

21 be available until September 30, 2020: Provided further, 

22 That amounts deposited in this account pursuant to the 

23 previous proviso shall be available in addition to the 

24 amounts otherwise provided by this heading for amend25 ments and renewals: Provided further, That unobligated 


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1 balances, including recaptures and carryover, remaining 

2 from funds transferred to or appropriated under this 

3 heading shall be used for amendments and renewals not4 withstanding the purposes for which such funds originally 

5 were appropriated. 

6 HOUSING COUNSELING ASSISTANCE

7 For contracts, grants, and other assistance excluding 

8 loans, as authorized under section 106 of the Housing and 

9 Urban Development Act of 1968, as amended, 

10 $55,000,000, to remain available until September 30, 

11 2018, including up to $4,500,000 for administrative con12 tract services: Provided, That grants made available from 

13 amounts provided under this heading shall be awarded 

14 within 180 days of enactment of this Act: Provided further, 

15 That funds shall be used for providing counseling and ad16 vice to tenants and homeowners, both current and pro17 spective, with respect to property maintenance, financial 

18 management/literacy, and such other matters as may be 

19 appropriate to assist them in improving their housing con20 ditions, meeting their financial needs, and fulfilling the re21 sponsibilities of tenancy or homeownership; for program 

22 administration; and for housing counselor training: Pro23 vided further, That for purposes of providing such grants 

24 from amounts provided under this heading, the Secretary 


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1 may enter into multiyear agreements as appropriate, sub2 ject to the availability of annual appropriations. 

3 OTHER ASSISTED HOUSING PROGRAMS

4 RENTAL HOUSING ASSISTANCE

5 For amendments to contracts under section 101 of 

6 the Housing and Urban Development Act of 1965 (12 

7 U.S.C. 1701s) and section 236(f)(2) of the National 

8 Housing Act (12 U.S.C. 1715z-1) in State-aided, non9 insured rental housing projects, $20,000,000, to remain 

10 available until expended: Provided, That such amount, to11 gether with unobligated balances from recaptured 

12 amounts appropriated prior to fiscal year 2006 from ter13 minated contracts under such sections of law, and any un14 obligated balances, including recaptures and carryover, re15 maining from funds appropriated under this heading after 

16 fiscal year 2005, shall also be available for extensions of 

17 up to one year for expiring contracts under such sections 

18 of law. 

19 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

20 FUND

21 For necessary expenses as authorized by the National 

22 Manufactured Housing Construction and Safety Stand23 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

24 $11,500,000, to remain available until expended, of which 

25 $11,500,000 is to be derived from the Manufactured 


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1 Housing Fees Trust Fund: Provided, That not to exceed 

2 the total amount appropriated under this heading shall be 

3 available from the general fund of the Treasury to the ex4 tent necessary to incur obligations and make expenditures 

5 pending the receipt of collections to the Fund pursuant 

6 to section 620 of such Act: Provided further, That the 

7 amount made available under this heading from the gen8 eral fund shall be reduced as such collections are received 

9 during fiscal year 2017 so as to result in a final fiscal 

10 year 2017 appropriation from the general fund estimated 

11 at zero, and fees pursuant to such section 620 shall be 

12 modified as necessary to ensure such a final fiscal year 

13 2017 appropriation: Provided further, That for the dispute 

14 resolution and installation programs, the Secretary of 

15 Housing and Urban Development may assess and collect 

16 fees from any program participant: Provided further, That 

17 such collections shall be deposited into the Fund, and the 

18 Secretary, as provided herein, may use such collections, 

19 as well as fees collected under section 620, for necessary 

20 expenses of such Act: Provided further, That, notwith21 standing the requirements of section 620 of such Act, the 

22 Secretary may carry out responsibilities of the Secretary 

23 under such Act through the use of approved service pro24 viders that are paid directly by the recipients of their serv25 ices. 


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1 FEDERAL HOUSING ADMINISTRATION

2 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

3 New commitments to guarantee single family loans 

4 insured under the Mutual Mortgage Insurance Fund shall 

5 not exceed $400,000,000,000, to remain available until 

6 September 30, 2018: Provided, That during fiscal year 

7 2017, obligations to make direct loans to carry out the 

8 purposes of section 204(g) of the National Housing Act, 

9 as amended, shall not exceed $5,000,000: Provided fur10 ther, That the foregoing amount in the previous proviso 

11 shall be for loans to nonprofit and governmental entities 

12 in connection with sales of single family real properties 

13 owned by the Secretary and formerly insured under the 

14 Mutual Mortgage Insurance Fund: Provided further, That 

15 for administrative contract expenses of the Federal Hous16 ing Administration, $130,000,000, to remain available 

17 until September 30, 2018: Provided further, That to the 

18 extent guaranteed loan commitments exceed 

19 $200,000,000,000 on or before April 1, 2017, an addi20 tional $1,400 for administrative contract expenses shall be 

21 available for each $1,000,000 in additional guaranteed 

22 loan commitments (including a pro rata amount for any 

23 amount below $1,000,000), but in no case shall funds 

24 made available by this proviso exceed $30,000,000. 


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1 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

2 New commitments to guarantee loans insured under 

3 the General and Special Risk Insurance Funds, as author4 ized by sections 238 and 519 of the National Housing Act 

5 (12 U.S.C. 1715z-3 and 1735c), shall not exceed 

6 $30,000,000,000 in total loan principal, any part of which 

7 is to be guaranteed, to remain available until September 

8 30, 2018: Provided, That during fiscal year 2017, gross 

9 obligations for the principal amount of direct loans, as au10 thorized by sections 204(g), 207(l), 238, and 519(a) of 

11 the National Housing Act, shall not exceed $5,000,000, 

12 which shall be for loans to nonprofit and governmental en13 tities in connection with the sale of single family real prop14 erties owned by the Secretary and formerly insured under 

15 such Act. 

16 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

17 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

18 GUARANTEE PROGRAM ACCOUNT

19 New commitments to issue guarantees to carry out 

20 the purposes of section 306 of the National Housing Act, 

21 as amended (12 U.S.C. 1721(g)), shall not exceed 

22 $500,000,000,000, to remain available until September 

23 30, 2018: Provided, That $23,000,000 shall be available 

24 for necessary salaries and expenses of the Office of Gov25 ernment National Mortgage Association: Provided further, 


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1 That to the extent that guaranteed loan commitments ex2 ceed $155,000,000,000 on or before April 1, 2017, an ad3 ditional $100 for necessary salaries and expenses shall be 

4 available until expended for each $1,000,000 in additional 

5 guaranteed loan commitments (including a pro rata 

6 amount for any amount below $1,000,000), but in no case 

7 shall funds made available by this proviso exceed 

8 $3,000,000: Provided further, That receipts from Commit9 ment and Multiclass fees collected pursuant to title III of 

10 the National Housing Act, as amended, shall be credited 

11 as offsetting collections to this account. 

12 POLICY DEVELOPMENT AND RESEARCH

13 RESEARCH AND TECHNOLOGY

14 For contracts, grants, and necessary expenses of pro15 grams of research and studies relating to housing and 

16 urban problems, not otherwise provided for, as authorized 

17 by title V of the Housing and Urban Development Act 

18 of 1970 (12 U.S.C. 1701z-1 et seq.), including carrying 

19 out the functions of the Secretary of Housing and Urban 

20 Development under section 1(a)(1)(i) of Reorganization 

21 Plan No. 2 of 1968, and for technical assistance, 

22 $80,000,000, to remain available until September 30, 

23 2018: Provided, That with respect to amounts made avail24 able under this heading, notwithstanding section 204 of 

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1 ments funded with philanthropic entities, other Federal 

2 agencies, or State or local governments and their agencies 

3 for research projects: Provided further, That with respect 

4 to the previous proviso, such partners to the cooperative 

5 agreements must contribute at least a 50 percent match 

6 toward the cost of the project: Provided further, That for 

7 non-competitive agreements entered into in accordance 

8 with the previous two provisos, the Secretary of Housing 

9 and Urban Development shall comply with section 2(b) of 

10 the Federal Funding Accountability and Transparency 

11 Act of 2006 (Public Law 109–282, 31 U.S.C. note) in lieu 

12 of compliance with section 102(a)(4)(C) with respect to 

13 documentation of award decisions: Provided further, That 

14 prior to obligation of technical assistance funding, the Sec15 retary shall submit a plan, for approval, to the House and 

16 Senate Committees on Appropriations on how it will allo17 cate funding for this activity. 

18 FAIR HOUSING AND EQUAL OPPORTUNITY

19 FAIR HOUSING ACTIVITIES

20 For contracts, grants, and other assistance, not oth21 erwise provided for, as authorized by title VIII of the Civil 

22 Rights Act of 1968, as amended by the Fair Housing 

23 Amendments Act of 1988, and section 561 of the Housing 

24 and Community Development Act of 1987, as amended, 

25 $65,300,000, to remain available until September 30, 


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1 2018: Provided, That notwithstanding 31 U.S.C. 3302, 

2 the Secretary may assess and collect fees to cover the costs 

3 of the Fair Housing Training Academy, and may use such 

4 funds to provide such training: Provided further, That no 

5 funds made available under this heading shall be used to 

6 lobby the executive or legislative branches of the Federal 

7 Government in connection with a specific contract, grant, 

8 or loan: Provided further, That of the funds made available 

9 under this heading, $300,000 shall be available to the Sec10 retary of Housing and Urban Development for the cre11 ation and promotion of translated materials and other pro12 grams that support the assistance of persons with limited 

13 English proficiency in utilizing the services provided by 

14 the Department of Housing and Urban Development. 

15 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

16 HOMES

17 LEAD HAZARD REDUCTION

18 For the Lead Hazard Reduction Program, as author19 ized by section 1011 of the Residential Lead-Based Paint 

20 Hazard Reduction Act of 1992, $130,000,000, to remain 

21 available until September 30, 2018, of which $20,000,000 

22 shall be for the Healthy Homes Initiative, pursuant to sec23 tions 501 and 502 of the Housing and Urban Develop24 ment Act of 1970 that shall include research, studies, test25 ing, and demonstration efforts, including education and 


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1 outreach concerning lead-based paint poisoning and other 

2 housing-related diseases and hazards: Provided, That for 

3 purposes of environmental review, pursuant to the Na4 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

5 et seq.) and other provisions of the law that further the 

6 purposes of such Act, a grant under the Healthy Homes 

7 Initiative, or the Lead Technical Studies program under 

8 this heading or under prior appropriations Acts for such 

9 purposes under this heading, shall be considered to be 

10 funds for a special project for purposes of section 305(c) 

11 of the Multifamily Housing Property Disposition Reform 

12 Act of 1994: Provided further, That of the total amount 

13 made available under this heading, $45,000,000 shall be 

14 made available on a competitive basis for areas with the 

15 highest lead paint abatement needs: Provided further, 

16 That each recipient of funds provided under the previous 

17 proviso shall contribute an amount not less than 25 per18 cent of the total: Provided further, That each applicant 

19 shall certify adequate capacity that is acceptable to the 

20 Secretary to carry out the proposed use of funds pursuant 

21 to a notice of funding availability: Provided further, That 

22 amounts made available under this heading in this or prior 

23 appropriations Acts, and that still remain available, may 

24 be used for any purpose under this heading notwith25 standing the purpose for which such amounts were approVerDate Sep 11 2014 22:01 Jun 07, 2016 Jkt 059200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.RH H5394

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1 priated if a program competition is undersubscribed and 

2 there are other program competitions under this heading 

3 that are oversubscribed. 

4 INFORMATION TECHNOLOGY FUND

5 For the development of, modifications to, and infra6 structure for Department-wide and program-specific infor7 mation technology systems, for the continuing operation 

8 and maintenance of both Department-wide and program9 specific information systems, and for program-related 

10 maintenance activities, $100,000,000 shall remain avail11 able until September 30, 2018: Provided, That any 

12 amounts transferred to this Fund under this Act shall re13 main available until expended: Provided further, That any 

14 amounts transferred to this Fund from amounts appro15 priated by previously enacted appropriations Acts may be 

16 used for the purposes specified under this Fund, in addi17 tion to any other information technology purposes for 

18 which such amounts were appropriated. 

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, $128,082,000: Provided, That 

23 the Inspector General shall have independent authority 

24 over all personnel issues within this office. 


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1 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

2 URBAN DEVELOPMENT

3 (INCLUDING TRANSFER OF FUNDS)

4 (INCLUDING RESCISSIONS)

5 SEC. 201. Fifty percent of the amounts of budget au6 thority, or in lieu thereof 50 percent of the cash amounts 

7 associated with such budget authority, that are recaptured 

8 from projects described in section 1012(a) of the Stewart 

9 B. McKinney Homeless Assistance Amendments Act of 

10 1988 (42 U.S.C. 1437 f note) shall be rescinded or in the 

11 case of cash, shall be remitted to the Treasury, and such 

12 amounts of budget authority or cash recaptured and not 

13 rescinded or remitted to the Treasury shall be used by 

14 State housing finance agencies or local governments or 

15 local housing agencies with projects approved by the Sec16 retary of Housing and Urban Development for which set17 tlement occurred after January 1, 1992, in accordance 

18 with such section. Notwithstanding the previous sentence, 

19 the Secretary may award up to 15 percent of the budget 

20 authority or cash recaptured and not rescinded or remitted 

21 to the Treasury to provide project owners with incentives 

22 to refinance their project at a lower interest rate. 

23 SEC. 202. None of the amounts made available under 

24 this Act may be used during fiscal year 2017 to investigate 

25 or prosecute under the Fair Housing Act any otherwise 


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1 lawful activity engaged in by one or more persons, includ2 ing the filing or maintaining of a nonfrivolous legal action, 

3 that is engaged in solely for the purpose of achieving or 

4 preventing action by a Government official or entity, or 

5 a court of competent jurisdiction. 

6 SEC. 203. Sections 203 and 209 of division C of Pub7 lic Law 112–55 (125 Stat. 693–694) shall apply during 

8 fiscal year 2017 as if such sections were included in this 

9 title, except that during such fiscal year such sections shall 

10 be applied by substituting ‘‘fiscal year 2017’’ for ‘‘fiscal 

11 year 2011’’ and for ‘‘fiscal year 2012’’ each place such 

12 terms appear, and shall be amended to reflect revised de13 lineations of statistical areas established by the Office of 

14 Management and Budget pursuant to 44 U.S.C. 

15 3504(e)(3), 31 U.S.C. 1104(d), and Executive Order No. 

16 10253. 

17 SEC. 204. Except as explicitly provided in law, any 

18 grant, cooperative agreement or other assistance made 

19 pursuant to title II of this Act shall be made on a competi20 tive basis and in accordance with section 102 of the De21 partment of Housing and Urban Development Reform Act 

22 of 1989 (42 U.S.C. 3545). 

23 SEC. 205. Funds of the Department of Housing and 

24 Urban Development subject to the Government Corpora25 tion Control Act or section 402 of the Housing Act of 


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1 1950 shall be available, without regard to the limitations 

2 on administrative expenses, for legal services on a contract 

3 or fee basis, and for utilizing and making payment for 

4 services and facilities of the Federal National Mortgage 

5 Association, Government National Mortgage Association, 

6 Federal Home Loan Mortgage Corporation, Federal Fi7 nancing Bank, Federal Reserve banks or any member 

8 thereof, Federal Home Loan banks, and any insured bank 

9 within the meaning of the Federal Deposit Insurance Cor10 poration Act, as amended (12 U.S.C. 1811–1). 

11 SEC. 206. Unless otherwise provided for in this Act 

12 or through a reprogramming of funds, no part of any ap13 propriation for the Department of Housing and Urban 

14 Development shall be available for any program, project 

15 or activity in excess of amounts set forth in the budget 

16 estimates submitted to Congress. 

17 SEC. 207. Corporations and agencies of the Depart18 ment of Housing and Urban Development which are sub19 ject to the Government Corporation Control Act are here20 by authorized to make such expenditures, within the limits 

21 of funds and borrowing authority available to each such 

22 corporation or agency and in accordance with law, and to 

23 make such contracts and commitments without regard to 

24 fiscal year limitations as provided by section 104 of such 

25 Act as may be necessary in carrying out the programs set 


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1 forth in the budget for 2017 for such corporation or agen2 cy except as hereinafter provided: Provided, That collec3 tions of these corporations and agencies may be used for 

4 new loan or mortgage purchase commitments only to the 

5 extent expressly provided for in this Act (unless such loans 

6 are in support of other forms of assistance provided for 

7 in this or prior appropriations Acts), except that this pro8 viso shall not apply to the mortgage insurance or guaranty 

9 operations of these corporations, or where loans or mort10 gage purchases are necessary to protect the financial in11 terest of the United States Government. 

12 SEC. 208. The Secretary of Housing and Urban De13 velopment shall provide quarterly reports to the House 

14 and Senate Committees on Appropriations regarding all 

15 uncommitted, unobligated, recaptured and excess funds in 

16 each program and activity within the jurisdiction of the 

17 Department and shall submit additional, updated budget 

18 information to these Committees upon request. 

19 SEC. 209. The President’s formal budget request for 

20 fiscal year 2018, as well as the Department of Housing 

21 and Urban Development’s congressional budget justifica22 tions to be submitted to the Committees on Appropriations 

23 of the House of Representatives and the Senate, shall use 

24 the identical account and sub-account structure provided 

25 under this Act. 


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1 SEC. 210. A public housing agency or such other enti2 ty that administers Federal housing assistance for the 

3 Housing Authority of the county of Los Angeles, Cali4 fornia, and the States of Alaska, Iowa, and Mississippi 

5 shall not be required to include a resident of public hous6 ing or a recipient of assistance provided under section 8 

7 of the United States Housing Act of 1937 on the board 

8 of directors or a similar governing board of such agency 

9 or entity as required under section (2)(b) of such Act. 

10 Each public housing agency or other entity that admin11 isters Federal housing assistance under section 8 for the 

12 Housing Authority of the county of Los Angeles, Cali13 fornia and the States of Alaska, Iowa and Mississippi that 

14 chooses not to include a resident of public housing or a 

15 recipient of section 8 assistance on the board of directors 

16 or a similar governing board shall establish an advisory 

17 board of not less than six residents of public housing or 

18 recipients of section 8 assistance to provide advice and 

19 comment to the public housing agency or other admin20 istering entity on issues related to public housing and sec21 tion 8. Such advisory board shall meet not less than quar22 terly. 

23 SEC. 211. No funds provided under this title may be 

24 used for an audit of the Government National Mortgage 


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1 Association that makes applicable requirements under the 

2 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

3 SEC. 212. (a) Notwithstanding any other provision 

4 of law, subject to the conditions listed under this section, 

5 for fiscal years 2017 and 2018, the Secretary of Housing 

6 and Urban Development may authorize the transfer of 

7 some or all project-based assistance, debt held or insured 

8 by the Secretary and statutorily required low-income and 

9 very low-income use restrictions if any, associated with one 

10 or more multifamily housing project or projects to another 

11 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 subsection (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 

24 low-income units and the configuration (i.e., 

25 bedroom size) provided by the transferring 


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1 project shall be no less than when transferred 

2 to the receiving project or projects and the net 

3 dollar amount of Federal assistance provided to 

4 the transferring project shall remain the same 

5 in 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 assistance budget authority. 

14 (2) The transferring project shall, as deter15 mined by the Secretary, be either physically obsolete 

16 or economically nonviable. 

17 (3) The receiving project or projects shall meet 

18 or exceed applicable physical standards established 

19 by the Secretary. 

20 (4) The owner or mortgagor of the transferring 

21 project shall notify and consult with the tenants re22 siding in the transferring project and provide a cer23 tification of approval by all appropriate local govern24 mental officials. 


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1 (5) The tenants of the transferring project who 

2 remain eligible for assistance to be provided by the 

3 receiving project or projects shall not be required to 

4 vacate their units in the transferring project or 

5 projects until new units in the receiving project are 

6 available for occupancy. 

7 (6) The Secretary determines that this transfer 

8 is in the best interest of the tenants. 

9 (7) If either the transferring project or the re10 ceiving project or projects meets the condition speci11 fied in subsection (d)(2)(A), any lien on the receiv12 ing project resulting from additional financing ob13 tained by the owner shall be subordinate to any 

14 FHA-insured mortgage lien transferred to, or placed 

15 on, such project by the Secretary, except that the 

16 Secretary may waive this requirement upon deter17 mination that such a waiver is necessary to facilitate 

18 the financing of acquisition, construction, and/or re19 habilitation of the receiving project or projects. 

20 (8) If the transferring project meets the re21 quirements of subsection (d)(2), the owner or mort22 gagor of the receiving project or projects shall exe23 cute and record either a continuation of the existing 

24 use agreement or a new use agreement for the 

25 project where, in either case, any use restrictions in 


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1 such agreement are of no lesser duration than the 

2 existing use restrictions. 

3 (9) The transfer does not increase the cost (as 

4 defined in section 502 of the Congressional Budget 

5 Act of 1974, as amended) of any FHA-insured 

6 mortgage, except to the extent that appropriations 

7 are provided in advance for the amount of any such 

8 increased cost. 

9 (d) For purposes of this section— 

10 (1) the terms ‘‘low-income’’ and ‘‘very low-in11 come’’ shall have the meanings provided by the stat12 ute and/or regulations governing the program under 

13 which the project is insured or assisted; 

14 (2) the term ‘‘multifamily housing project’’ 

15 means housing that meets one of the following con16 ditions— 

17 (A) housing that is subject to a mortgage 

18 insured under the National Housing Act; 

19 (B) housing that has project-based assist20 ance attached to the structure including 

21 projects undergoing mark to market debt re22 structuring under the Multifamily Assisted 

23 Housing Reform and Affordability Housing Act; 

24 (C) housing that is assisted under section 

25 202 of the Housing Act of 1959, as amended 


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1 by section 801 of the Cranston-Gonzales Na2 tional Affordable Housing Act; 

3 (D) housing that is assisted under section 

4 202 of the Housing Act of 1959, as such sec5 tion existed before the enactment of the Cran6 ston-Gonzales National Affordable Housing Act; 

7 (E) housing that is assisted under section 

8 811 of the Cranston-Gonzales National Afford9 able Housing Act; or 

10 (F) housing or vacant land that is subject 

11 to a use agreement; 

12 (3) the term ‘‘project-based assistance’’ 

13 means— 

14 (A) assistance provided under section 8(b) 

15 of the United States Housing Act of 1937; 

16 (B) assistance for housing constructed or 

17 substantially rehabilitated pursuant to assist18 ance provided under section 8(b)(2) of such Act 

19 (as such section existed immediately before Oc20 tober 1, 1983); 

21 (C) rent supplement payments under sec22 tion 101 of the Housing and Urban Develop23 ment Act of 1965; 

24 (D) interest reduction payments under sec25 tion 236 and/or additional assistance payments 


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1 under section 236(f)(2) of the National Hous2 ing Act; 

3 (E) assistance payments made under sec4 tion 202(c)(2) of the Housing Act of 1959; and 

5 (F) assistance payments made under sec6 tion 811(d)(2) of the Cranston-Gonzalez Na7 tional Affordable Housing Act; 

8 (4) the term ‘‘receiving project or projects’’ 

9 means the multifamily housing project or projects to 

10 which some or all of the project-based assistance, 

11 debt, and statutorily required low-income and very 

12 low-income use restrictions are to be transferred; 

13 (5) the term ‘‘transferring project’’ means the 

14 multifamily housing project which is transferring 

15 some or all of the project-based assistance, debt, and 

16 the statutorily required low-income and very low-in17 come use restrictions to the receiving project or 

18 projects; and 

19 (6) the term ‘‘Secretary’’ means the Secretary 

20 of Housing and Urban Development. 

21 (e) PUBLIC NOTICE AND RESEARCH REPORT.— 

22 (1) The Secretary shall publish by notice in the 

23 Federal Register the terms and conditions, including 

24 criteria for HUD approval, of transfers pursuant to 


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1 this section no later than 30 days before the effec2 tive date of such notice. 

3 (2) The Secretary shall conduct an evaluation 

4 of the transfer authority under this section, includ5 ing the effect of such transfers on the operational ef6 ficiency, contract rents, physical and financial condi7 tions, and long-term preservation of the affected 

8 properties. 

9 SEC. 213. (a) No assistance shall be provided under 

10 section 8 of the United States Housing Act of 1937 (42 

11 U.S.C. 1437f) to any individual who— 

12 (1) is enrolled as a student at an institution of 

13 higher education (as defined under section 102 of 

14 the Higher Education Act of 1965 (20 U.S.C. 

15 1002)); 

16 (2) is under 24 years of age; 

17 (3) is not a veteran; 

18 (4) is unmarried; 

19 (5) does not have a dependent child; 

20 (6) is not a person with disabilities, as such 

21 term is defined in section 3(b)(3)(E) of the United 

22 States Housing Act of 1937 (42 U.S.C. 

23 1437a(b)(3)(E)) and was not receiving assistance 

24 under such section 8 as of November 30, 2005; and 


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1 (7) is not otherwise individually eligible, or has 

2 parents who, individually or jointly, are not eligible, 

3 to receive assistance under section 8 of the United 

4 States Housing Act of 1937 (42 U.S.C. 1437f). 

5 (b) For purposes of determining the eligibility of a 

6 person to receive assistance under section 8 of the United 

7 States Housing Act of 1937 (42 U.S.C. 1437f), any finan8 cial assistance (in excess of amounts received for tuition 

9 and any other required fees and charges) that an indi10 vidual receives under the Higher Education Act of 1965 

11 (20 U.S.C. 1001 et seq.), from private sources, or an insti12 tution of higher education (as defined under the Higher 

13 Education Act of 1965 (20 U.S.C. 1002)), shall be consid14 ered income to that individual, except for a person over 

15 the age of 23 with dependent children. 

16 SEC. 214. The funds made available for Native Alas17 kans under the heading ‘‘Native American Housing Block 

18 Grants’’ in title II of this Act shall be allocated to the 

19 same Native Alaskan housing block grant recipients that 

20 received funds in fiscal year 2005. 

21 SEC. 215. Notwithstanding the limitation in the first 

22 sentence of section 255(g) of the National Housing Act 

23 (12 U.S.C. 1715z-20(g)), the Secretary of Housing and 

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1 sure and enter into commitments to insure mortgages 

2 under such section 255. 

3 SEC. 216. Notwithstanding any other provision of 

4 law, in fiscal year 2017, in managing and disposing of any 

5 multifamily property that is owned or has a mortgage held 

6 by the Secretary of Housing and Urban Development, and 

7 during the process of foreclosure on any property with a 

8 contract for rental assistance payments under section 8 

9 of the United States Housing Act of 1937 or other Fed10 eral programs, the Secretary shall maintain any rental as11 sistance payments under section 8 of the United States 

12 Housing Act of 1937 and other programs that are at13 tached to any dwelling units in the property. To the extent 

14 the Secretary determines, in consultation with the tenants 

15 and the local government, that such a multifamily prop16 erty owned or held by the Secretary is not feasible for con17 tinued rental assistance payments under such section 8 

18 or other programs, based on consideration of (1) the costs 

19 of rehabilitating and operating the property and all avail20 able Federal, State, and local resources, including rent ad21 justments under section 524 of the Multifamily Assisted 

22 Housing Reform and Affordability Act of 1997 

23 (‘‘MAHRAA’’) and (2) environmental conditions that can24 not be remedied in a cost-effective fashion, the Secretary 

25 may, in consultation with the tenants of that property, 


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1 contract for project-based rental assistance payments with 

2 an owner or owners of other existing housing properties, 

3 or provide other rental assistance. The Secretary shall also 

4 take appropriate steps to ensure that project-based con5 tracts remain in effect prior to foreclosure, subject to the 

6 exercise of contractual abatement remedies to assist relo7 cation of tenants for imminent major threats to health and 

8 safety after written notice to and informed consent of the 

9 affected tenants and use of other available remedies, such 

10 as partial abatements or receivership. After disposition of 

11 any multifamily property described under this section, the 

12 contract and allowable rent levels on such properties shall 

13 be subject to the requirements under section 524 of 

14 MAHRAA. 

15 SEC. 217. The commitment authority funded by fees 

16 as provided under the heading ‘‘Community Development 

17 Loan Guarantees Program Account’’ may be used to guar18 antee, or make commitments to guarantee, notes, or other 

19 obligations issued by any State on behalf of non-entitle20 ment communities in the State in accordance with the re21 quirements of section 108 of the Housing and Community 

22 Development Act of 1974: Provided, That any State re23 ceiving such a guarantee or commitment shall distribute 

24 all funds subject to such guarantee to the units of general 


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1 local government in non-entitlement areas that received 

2 the commitment. 

3 SEC. 218. Public housing agencies that own and oper4 ate 400 or fewer public housing units may elect to be ex5 empt from any asset management requirement imposed by 

6 the Secretary of Housing and Urban Development in con7 nection with the operating fund rule: Provided, That an 

8 agency seeking a discontinuance of a reduction of subsidy 

9 under the operating fund formula shall not be exempt 

10 from asset management requirements. 

11 SEC. 219. With respect to the use of amounts pro12 vided in this Act and in future Acts for the operation, cap13 ital improvement and management of public housing as 

14 authorized by sections 9(d) and 9(e) of the United States 

15 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

16 Secretary shall not impose any requirement or guideline 

17 relating to asset management that restricts or limits in 

18 any way the use of capital funds for central office costs 

19 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

20 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro21 vided, That a public housing agency may not use capital 

22 funds authorized under section 9(d) for activities that are 

23 eligible under section 9(e) for assistance with amounts 

24 from the operating fund in excess of the amounts per25 mitted under section 9(g)(1) or 9(g)(2). 


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1 SEC. 220. No official or employee of the Department 

2 of Housing and Urban Development shall be designated 

3 as an allotment holder unless the Office of the Chief Fi4 nancial Officer has determined that such allotment holder 

5 has implemented an adequate system of funds control and 

6 has received training in funds control procedures and di7 rectives. The Chief Financial Officer shall ensure that 

8 there is a trained allotment holder for each HUD sub9 office under the accounts ‘‘Executive Offices’’ and ‘‘Ad10 ministrative Support Offices,’’ as well as each account re11 ceiving appropriations for ‘‘Program Office Salaries and 

12 Expenses’’, ‘‘Government National Mortgage Associa13 tion—Guarantees of Mortgage-Backed Securities Loan 

14 Guarantee Program Account’’, and ‘‘Office of Inspector 

15 General’’ within the Department of Housing and Urban 

16 Development. 

17 SEC. 221. The Secretary of the Department of Hous18 ing and Urban Development shall, for fiscal year 2017, 

19 notify the public through the Federal Register and other 

20 means, as determined appropriate, of the issuance of a no21 tice of the availability of assistance or notice of funding 

22 availability (NOFA) for any program or discretionary 

23 fund administered by the Secretary that is to be competi24 tively awarded. Notwithstanding any other provision of 

25 law, for fiscal year 2017, the Secretary may make the 


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1 NOFA available only on the Internet at the appropriate 

2 Government web site or through other electronic media, 

3 as determined by the Secretary. 

4 SEC. 222. Payment of attorney fees in program-re5 lated litigation shall be paid from the individual program 

6 office and Office of General Counsel salaries and expenses 

7 appropriations. The annual budget submission for the pro8 gram offices and the Office of General Counsel shall in9 clude any such projected litigation costs for attorney fees 

10 as a separate line item request. No funds provided in this 

11 title may be used to pay any such litigation costs for attor12 ney fees until the Department submits for review a spend13 ing plan for such costs to the House and Senate Commit14 tees on Appropriations. 

15 SEC. 223. The Secretary is authorized to transfer up 

16 to 10 percent or $4,000,000, whichever is less, of funds 

17 appropriated for any office under the heading ‘‘Adminis18 trative Support Offices’’ or for any account under the gen19 eral heading ‘‘Program Office Salaries and Expenses’’ to 

20 any other such office or account: Provided, That no appro21 priation for any such office or account shall be increased 

22 or decreased by more than 10 percent or $4,000,000, 

23 whichever is less, without prior written approval of the 

24 House and Senate Committees on Appropriations: Pro25 vided further, That the Secretary shall provide notification 


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1 to such Committees three business days in advance of any 

2 such transfers under this section up to 10 percent or 

3 $4,000,000, whichever is less. 

4 SEC. 224. The Disaster Housing Assistance Pro5 grams, administered by the Department of Housing and 

6 Urban Development, shall be considered a ‘‘program of 

7 the Department of Housing and Urban Development’’ 

8 under section 904 of the McKinney Act for the purpose 

9 of income verifications and matching. 

10 SEC. 225. (a) The Secretary of Housing and Urban 

11 Development shall take the required actions under sub12 section (b) when a multifamily housing project with a sec13 tion 8 contract or contract for similar project-based assist14 ance: 

15 (1) receives a Real Estate Assessment Center 

16 (REAC) score of 30 or less; or 

17 (2) receives a REAC score between 31 and 59 

18 and: 

19 (A) fails to certify in writing to HUD with20 in 60 days that all deficiencies have been cor21 rected; or 

22 (B) receives consecutive scores of less than 

23 60 on REAC inspections. 

24 Such requirements shall apply to insured and noninsured 

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1 tion 8 of the United States Housing Act of 1937 (42 

2 U.S.C. 1437f), but do not apply to such units assisted 

3 under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to 

4 public housing units assisted with capital or operating 

5 funds under section 9 of the United States Housing Act 

6 of 1937 (42 U.S.C. 1437g). 

7 (b) The Secretary shall take the following required 

8 actions as authorized under subsection (a): 

9 (1) The Secretary shall notify the owner and 

10 provide an opportunity for response within 30 days. 

11 If the violations remain, the Secretary shall develop 

12 a Compliance, Disposition and Enforcement Plan 

13 within 60 days, with a specified timetable for cor14 recting all deficiencies. The Secretary shall provide 

15 notice of the Plan to the owner, tenants, the local 

16 government, any mortgagees, and any contract ad17 ministrator. 

18 (2) At the end of the term of the Compliance, 

19 Disposition and Enforcement Plan, if the owner fails 

20 to fully comply with such plan, the Secretary may 

21 require immediate replacement of project manage22 ment with a management agent approved by the 

23 Secretary, and shall take one or more of the fol24 lowing actions, and provide additional notice of those 

25 actions to the owner and the parties specified above: 


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1 (A) impose civil money penalties; 

2 (B) abate the section 8 contract, including 

3 partial abatement, as determined by the Sec4 retary, until all deficiencies have been corrected; 

5 (C) pursue transfer of the project to an 

6 owner, approved by the Secretary under estab7 lished procedures, which will be obligated to 

8 promptly make all required repairs and to ac9 cept renewal of the assistance contract as long 

10 as such renewal is offered; or 

11 (D) seek judicial appointment of a receiver 

12 to manage the property and cure all project de13 ficiencies or seek a judicial order of specific per14 formance requiring the owner to cure all project 

15 deficiencies. 

16 (c) The Secretary shall also take appropriate steps 

17 to ensure that project-based contracts remain in effect, 

18 subject to the exercise of contractual abatement remedies 

19 to assist relocation of tenants for imminent major threats 

20 to health and safety after written notice to and informed 

21 consent of the affected tenants and use of other remedies 

22 set forth above. To the extent the Secretary determines, 

23 in consultation with the tenants and the local government, 

24 that the property is not feasible for continued rental as25 sistance payments under such section 8 or other programs, 


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1 based on consideration of (1) the costs of rehabilitating 

2 and operating the property and all available Federal, 

3 State, and local resources, including rent adjustments 

4 under section 524 of the Multifamily Assisted Housing 

5 Reform and Affordability Act of 1997 (‘‘MAHRAA’’) and 

6 (2) environmental conditions that cannot be remedied in 

7 a cost-effective fashion, the Secretary may, in consultation 

8 with the tenants of that property, contract for project9 based rental assistance payments with an owner or owners 

10 of other existing housing properties, or provide other rent11 al assistance. The Secretary shall report semi-annually on 

12 all properties covered by this section that are assessed 

13 through the Real Estate Assessment Center and have 

14 physical inspection scores of less than 30 or have consecu15 tive physical inspection scores of less than 60. The report 

16 shall include: 

17 (1) The enforcement actions being taken to ad18 dress such conditions, including imposition of civil 

19 money penalties and termination of subsidies, and 

20 identify properties that have such conditions mul21 tiple times; and 

22 (2) Actions that the Department of Housing 

23 and Urban Development is taking to protect tenants 

24 of such identified properties. 


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1 SEC. 226. None of the funds made available by this 

2 Act, or any other Act, for purposes authorized under sec3 tion 8 (only with respect to the tenant-based rental assist4 ance program) and section 9 of the United States Housing 

5 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 

6 any public housing agency for any amount of salary, in7 cluding bonuses, for the chief executive officer of which, 

8 or any other official or employee of which, that exceeds 

9 the annual rate of basic pay payable for a position at level 

10 IV of the Executive Schedule at any time during any pub11 lic housing agency fiscal year 2017. 

12 SEC. 227. None of the funds in this Act may be avail13 able for the doctoral dissertation research grant program 

14 at the Department of Housing and Urban Development. 

15 SEC. 228. None of the funds in this Act provided to 

16 the Department of Housing and Urban Development may 

17 be used to make a grant award unless the Secretary noti18 fies the House and Senate Committees on Appropriations 

19 not less than 3 full business days before any project, 

20 State, locality, housing authority, tribe, nonprofit organi21 zation, or other entity selected to receive a grant award 

22 is announced by the Department or its offices. 

23 SEC. 229. None of the funds made available by this 

24 Act may be used to require or enforce the Physical Needs 

25 Assessment (PNA). 


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1 SEC. 230. None of the funds made available in this 

2 Act shall be used by the Federal Housing Administration, 

3 the Government National Mortgage Administration, or the 

4 Department of Housing and Urban Development to in5 sure, securitize, or establish a Federal guarantee of any 

6 mortgage or mortgage backed security that refinances or 

7 otherwise replaces a mortgage that has been subject to 

8 eminent domain condemnation or seizure, by a State, mu9 nicipality, or any other political subdivision of a State. 

10 SEC. 231. None of the funds made available by this 

11 Act may be used to terminate the status of a unit of gen12 eral local government as a metropolitan city (as defined 

13 in section 102 of the Housing and Community Develop14 ment Act of 1974 (42 U.S.C. 5302)) with respect to 

15 grants under section 106 of such Act (42 U.S.C. 5306). 

16 SEC. 232. Amounts made available under this Act 

17 which are either appropriated, allocated, advanced on a 

18 reimbursable basis, or transferred to the Office of Policy 

19 Development and Research in the Department of Housing 

20 and Urban Development and functions thereof, for re21 search, evaluation, or statistical purposes, and which are 

22 unexpended at the time of completion of a contract, grant, 

23 or cooperative agreement, may be deobligated and shall 

24 immediately become available and may be reobligated in 

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1 search, evaluation, or statistical purposes for which the 

2 amounts are made available to that Office subject to re3 programming requirements in section 405 of this Act. 

4 SEC. 233. None of the funds provided in this Act or 

5 any other act may be used for awards, including perform6 ance, special act, or spot, for any employee of the Depart7 ment of Housing and Urban Development who has been 

8 subject to administrative discipline in fiscal years 2016 or 

9 2017, including suspension from work. 

10 SEC. 234. Unobligated balances, including recaptures 

11 and carryover, remaining from funds appropriated to the 

12 Department of Housing and Urban Development for ad13 ministrative costs of the Office of Community Planning 

14 and Development associated with funds appropriated to 

15 the Department for specific disaster relief and related pur16 poses and designated by 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, including information technology costs and 

20 costs for administering and overseeing such specific dis21 aster related funds, shall be transferred to the Program 

22 Office Salaries and Expenses, Community Planning and 

23 Development account for the Department, shall remain 

24 available until expended, and may be used for such admin25 istrative costs for administering any funds appropriated 


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1 to the Department for any disaster relief and related pur2 poses in any prior or future act, notwithstanding the pur3 poses for which such funds were appropriated: Provided, 

4 That amounts transferred pursuant to this section that 

5 were previously designated by the Congress as an emer6 gency requirement pursuant to a Concurrent Resolution 

7 on the Budget or the Balanced Budget and Emergency 

8 Deficit Control Act are designated by the Congress as an 

9 emergency requirement pursuant to section 

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985 and shall be transferred only 

12 if the President subsequently so designates the entire 

13 transfer and transmits such designation to the Congress. 

14 SEC. 235. CONTINUUM OF CARE TRANSITION 

15 GRANTS.— 

16 (a) From amounts made available under this title 

17 under the heading ‘‘Homeless Assistance Grants’’, the 

18 Secretary may award 1-year transition grants to recipients 

19 of funds for activities under subtitle C of the McKinney20 Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) 

21 to transition from one Continuum of Care program compo22 nent to another. 

23 (b) No more than 25 percent of each transition grant 

24 may be used for costs of eligible activities of the program 

25 component originally funded. 


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1 (c) Transition grants made under this section are eli2 gible for renewal in subsequent fiscal years for the eligible 

3 activities of the new program component. 

4 (d) In order to be eligible to receive a transition 

5 grant, the funding recipient must have the consent of the 

6 Continuum of Care and meet standards determined by the 

7 Secretary. 

8 SEC. 236. None of the funds appropriated by this Act 

9 shall be used to implement, administer, carry-out, or en10 force Executive Order 13690 and the Federal Flood Risk 

11 Management Standard (FFRMS) until 90 days after the 

12 Secretary provides a report to the House and Senate Com13 mittees on Appropriations that includes: 

14 (a) a comprehensive list of HUD programs that will 

15 be impacted by Executive Order 13690 and the FFRMS; 

16 (b) an analysis of the near term and long term costs 

17 and benefits of Executive Order 13690 and the FFRMS; 

18 and 

19 (c) a detailed nationwide floodplain map, including 

20 descriptions, definitions, and extent associated with the 

21 floodplain definitions set forth in Executive Order 13690 

22 and the FFRMS. 

23 SEC. 237. (a) Effective October 1, 2016, all unobli24 gated balances, including recaptures and carryover, re25 maining from funds appropriated to the Department of 


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1 Housing and Urban Development for accounts under the 

2 headings ‘‘Management and Administration’’ and ‘‘Pro3 gram Office Salaries and Expenses’’ in division L of Pub4 lic Law 114–113 are rescinded; and 

5 (b) All unobligated balances available, and that be6 come available, as a result of actions under 42 U.S.C. 

7 5304(e) or 42 U.S.C. 5311 are hereby rescinded. 

8 This title may be cited as the ‘‘Department of Hous9 ing and Urban Development Appropriations Act, 2017’’. 

10 TITLE III—RELATED AGENCIES 

11 ACCESS BOARD

12 SALARIES AND EXPENSES

13 For expenses necessary for the Access Board, as au14 thorized by section 502 of the Rehabilitation Act of 1973, 

15 as amended, $8,190,000: Provided, That, notwithstanding 

16 any other provision of law, there may be credited to this 

17 appropriation funds received for publications and training 

18 expenses. 

19 FEDERAL MARITIME COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Federal Maritime 

22 Commission as authorized by section 201(d) of the Mer23 chant Marine Act, 1936, as amended (46 U.S.C. 307), in24 cluding services as authorized by 5 U.S.C. 3109; hire of 

25 passenger motor vehicles as authorized by 31 U.S.C. 


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1 1343(b); and uniforms or allowances therefor e, as author2 ized by 5 U.S.C. 5901–5902, $27,490,000: Provided, That 

3 not to exceed $2,000 shall be available for official recep4 tion and representation expenses. 

5 NATIONAL RAILROAD PASSENGER CORPORATION OFFICE

6 OF INSPECTOR GENERAL

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of Inspector 

9 General for the National Railroad Passenger Corporation 

10 to carry out the provisions of the Inspector General Act 

11 of 1978, as amended, $23,274,000: Provided, That the In12 spector General shall have all necessary authority, in car13 rying out the duties specified in the Inspector General Act, 

14 as amended (5 U.S.C. App. 3), to investigate allegations 

15 of fraud, including false statements to the government (18 

16 U.S.C. 1001), by any person or entity that is subject to 

17 regulation by the National Railroad Passenger Corpora18 tion: Provided further, That the Inspector General may 

19 enter into contracts and other arrangements for audits, 

20 studies, analyses, and other services with public agencies 

21 and with private persons, subject to the applicable laws 

22 and regulations that govern the obtaining of such services 

23 within the National Railroad Passenger Corporation: Pro24 vided further, That the Inspector General may select, ap25 point, and employ such officers and employees as may be 


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1 necessary for carrying out the functions, powers, and du2 ties of the Office of Inspector General, subject to the appli3 cable laws and regulations that govern such selections, ap4 pointments, and employment within the Corporation: Pro5 vided further, That concurrent with the President’s budget 

6 request for fiscal year 2017, the Inspector General shall 

7 submit to the House and Senate Committees on Appro8 priations a budget request for fiscal year 2017 in similar 

9 format and substance to those submitted by executive 

10 agencies of the Federal Government. 

11 NATIONAL TRANSPORTATION SAFETY BOARD

12 SALARIES AND EXPENSES

13 For necessary expenses of the National Transpor14 tation Safety Board, including hire of passenger motor ve15 hicles and aircraft; services as authorized by 5 U.S.C. 

16 3109, but at rates for individuals not to exceed the per 

17 diem rate equivalent to the rate for a GS–15; uniforms, 

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

19 5901–5902), $106,000,000, of which not to exceed $2,000 

20 may be used for official reception and representation ex21 penses. The amounts made available to the National 

22 Transportation Safety Board in this Act include amounts 

23 necessary to make lease payments on an obligation in24 curred in fiscal year 2001 for a capital lease. 


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1 NEIGHBORHOOD REINVESTMENT CORPORATION

2 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

3 CORPORATION

4 For payment to the Neighborhood Reinvestment Cor5 poration for use in neighborhood reinvestment activities, 

6 as authorized by the Neighborhood Reinvestment Corpora7 tion Act (42 U.S.C. 8101–8107), $140,000,000, of which 

8 $5,000,000 shall be for a multi-family rental housing pro9 gram. 

10 SURFACE TRANSPORTATION BOARD

11 SALARIES AND EXPENSES

12 For necessary expenses of the Surface Transpor13 tation Board, including services authorized by 5 U.S.C. 

14 3109, $37,000,000: Provided, That notwithstanding any 

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

16 established by the Chairman of the Surface Transpor17 tation Board shall be credited to this appropriation as off18 setting collections and used for necessary and authorized 

19 expenses under this heading: Provided further, That the 

20 sum herein appropriated from the general fund shall be 

21 reduced on a dollar-for-dollar basis as such offsetting col22 lections are received during fiscal year 2017, to result in 

23 a final appropriation from the general fund estimated at 

24 no more than $35,750,000. 


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1 UNITED STATES INTERAGENCY COUNCIL ON

2 HOMELESSNESS

3 OPERATING EXPENSES

4 For necessary expenses (including payment of sala5 ries, authorized travel, hire of passenger motor vehicles, 

6 the rental of conference rooms, and the employment of ex7 perts and consultants under section 3109 of title 5, United 

8 States Code) of the United States Interagency Council on 

9 Homelessness in carrying out the functions pursuant to 

10 title II of the McKinney-Vento Homeless Assistance Act, 

11 as amended, $2,000,000. 

12

13 TITLE IV 

14 GENERAL PROVISIONS—THIS ACT 

15 (INCLUDING RESCISSIONS)

16 SEC. 401. None of the funds in this Act shall be used 

17 for the planning or execution of any program to pay the 

18 expenses of, or otherwise compensate, non-Federal parties 

19 intervening in regulatory or adjudicatory proceedings 

20 funded in this Act. 

21 SEC. 402. None of the funds appropriated in this Act 

22 shall remain available for obligation beyond the current 

23 fiscal year, nor may any be transferred to other appropria24 tions, unless expressly so provided herein. 


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1 SEC. 403. The expenditure of any appropriation 

2 under this Act for any consulting service through a pro3 curement contract pursuant to section 3109 of title 5, 

4 United States Code, shall be limited to those contracts 

5 where such expenditures are a matter of public record and 

6 available for public inspection, except where otherwise pro7 vided under existing law, or under existing Executive order 

8 issued pursuant to existing law. 

9 SEC. 404. (a) None of the funds made available in 

10 this Act may be obligated or expended for any employee 

11 training that— 

12 (1) does not meet identified needs for knowl13 edge, skills, and abilities bearing directly upon the 

14 performance of official duties; 

15 (2) contains elements likely to induce high lev16 els of emotional response or psychological stress in 

17 some participants; 

18 (3) does not require prior employee notification 

19 of the content and methods to be used in the train20 ing and written end of course evaluation; 

21 (4) contains any methods or content associated 

22 with religious or quasi-religious belief systems or 

23 ‘‘new age’’ belief systems as defined in Equal Em24 ployment Opportunity Commission Notice N– 

25 915.022, dated September 2, 1988; or 


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1 (5) is offensive to, or designed to change, par2 ticipants’ personal values or lifestyle outside the 

3 workplace. 

4 (b) Nothing in this section shall prohibit, restrict, or 

5 otherwise preclude an agency from conducting training 

6 bearing directly upon the performance of official duties. 

7 SEC. 405. (a) Except as otherwise provided in this 

8 Act, none of the funds provided in this Act, provided by 

9 previous appropriations Acts to the agencies or entities 

10 funded in this Act that remain available for obligation or 

11 expenditure in fiscal year 2017, or provided from any ac12 counts in the Treasury derived by the collection of fees 

13 and available to the agencies funded by this Act, shall be 

14 available for obligation or expenditure through a re15 programming of funds that— 

16 (1) creates a new program; 

17 (2) eliminates a program, project, or activity; 

18 (3) increases funds or personnel for any pro19 gram, project, or activity for which funds have been 

20 denied or restricted by the Congress; 

21 (4) proposes to use funds directed for a specific 

22 activity by either the House or Senate Committees 

23 on Appropriations for a different purpose; 


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1 (5) augments existing programs, projects, or ac2 tivities in excess of $5,000,000 or 10 percent, which3 ever is less; 

4 (6) reduces existing programs, projects, or ac5 tivities by $5,000,000 or 10 percent, whichever is 

6 less; or 

7 (7) creates, reorganizes, or restructures a 

8 branch, division, office, bureau, board, commission, 

9 agency, administration, or department different from 

10 the budget justifications submitted to the Commit11 tees on Appropriations or the table accompanying 

12 the explanatory statement accompanying this Act, 

13 whichever is more detailed, unless prior approval is 

14 received from the House and Senate Committees on 

15 Appropriations: Provided, That not later than 60 

16 days after the date of enactment of this Act, each 

17 agency funded by this Act shall submit a report to 

18 the Committees on Appropriations of the Senate and 

19 of the House of Representatives to establish the 

20 baseline for application of reprogramming and trans21 fer authorities for the current fiscal year: Provided 

22 further, That the report shall include— 

23 (A) a table for each appropriation with a 

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1 justments made by Congress, adjustments due 

2 to enacted rescissions, if appropriate, and the 

3 fiscal year enacted level; 

4 (B) a delineation in the table for each ap5 propriation and its respective prior year enacted 

6 level by object class and program, project, and 

7 activity as detailed in the budget appendix for 

8 the respective appropriation; and 

9 (C) an identification of items of special 

10 congressional interest. 

11 SEC. 406. Except as otherwise specifically provided 

12 by law, not to exceed 50 percent of unobligated balances 

13 remaining available at the end of fiscal year 2017 from 

14 appropriations made available for salaries and expenses 

15 for fiscal year 2017 in this Act, shall remain available 

16 through September 30, 2018, for each such account for 

17 the purposes authorized: Provided, That a request shall 

18 be submitted to the House and Senate Committees on Ap19 propriations for approval prior to the expenditure of such 

20 funds: Provided further, That these requests shall be made 

21 in compliance with reprogramming guidelines under sec22 tion 405 of this Act. 

23 SEC. 407. No funds in this Act may be used to sup24 port any Federal, State, or local projects that seek to use 

25 the power of eminent domain, unless eminent domain is 


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1 employed only for a public use: Provided, That for pur2 poses of this section, public use shall not be construed to 

3 include economic development that primarily benefits pri4 vate entities: Provided further, That any use of funds for 

5 mass transit, railroad, airport, seaport or highway 

6 projects, as well as utility projects which benefit or serve 

7 the general public (including energy-related, communica8 tion-related, water-related and wastewater-related infra9 structure), other structures designated for use by the gen10 eral public or which have other common-carrier or public11 utility functions that serve the general public and are sub12 ject to regulation and oversight by the government, and 

13 projects for the removal of an immediate threat to public 

14 health and safety or brownfields as defined in the Small 

15 Business Liability Relief and Brownfields Revitalization 

16 Act (Public Law 107–118) shall be considered a public 

17 use for purposes of eminent domain. 

18 SEC. 408. None of the funds made available in this 

19 Act may be transferred to any department, agency, or in20 strumentality of the United States Government, except 

21 pursuant to a transfer made by, or transfer authority pro22 vided in, this Act or any other appropriations Act. 

23 SEC. 409. No part of any appropriation contained in 

24 this Act shall be available to pay the salary for any person 

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1 merly held by an employee who has left to enter the Armed 

2 Forces of the United States and has satisfactorily com3 pleted his or her period of active military or naval service, 

4 and has within 90 days after his or her release from such 

5 service or from hospitalization continuing after discharge 

6 for a period of not more than 1 year, made application 

7 for restoration to his or her former position and has been 

8 certified by the Office of Personnel Management as still 

9 qualified to perform the duties of his or her former posi10 tion and has not been restored thereto. 

11 SEC. 410. No funds appropriated pursuant to this 

12 Act may be expended by an entity unless the entity agrees 

13 that in expending the assistance the entity will comply 

14 with sections 2 through 4 of the Act of March 3, 1933 

15 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer16 ican Act’’). 

17 SEC. 411. No funds appropriated or otherwise made 

18 available under this Act shall be made available to any 

19 person or entity that has been convicted of violating the 

20 Buy American Act (41 U.S.C. 10a–10c). 

21 SEC. 412. None of the funds made available in this 

22 Act may be used for first-class airline accommodations in 

23 contravention of sections 301–10.122 and 301–10.123 of 

24 title 41, Code of Federal Regulations. 


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1 SEC. 413. (a) None of the funds made available by 

2 this Act may be used to approve a new foreign air carrier 

3 permit under sections 41301 through 41305 of title 49, 

4 United States Code, or exemption application under sec5 tion 40109 of that title of an air carrier already holding 

6 an air operators certificate issued by a country that is 

7 party to the U.S.-E.U.-Iceland-Norway Air Transport 

8 Agreement where such approval would contravene United 

9 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor10 way Air Transport Agreement. 

11 (b) Nothing in this section shall prohibit, restrict or 

12 otherwise preclude the Secretary of Transportation from 

13 granting a foreign air carrier permit or an exemption to 

14 such an air carrier where such authorization is consistent 

15 with the U.S.-E.U.-Iceland-Norway Air Transport Agree16 ment and United States law. 

17 SEC. 414. None of the funds made available in this 

18 Act may be used to send or otherwise pay for the attend19 ance of more than 50 employees of a single agency or de20 partment of the United States Government, who are sta21 tioned in the United States, at any single international 

22 conference unless the relevant Secretary reports to the 

23 House and Senate Committees on Appropriations at least 

24 5 days in advance that such attendance is important to 

25 the national interest: Provided, That for purposes of this 


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1 section the term ‘‘international conference’’ shall mean a 

2 conference occurring outside of the United States attended 

3 by representatives of the United States Government and 

4 of foreign governments, international organizations, or 

5 nongovernmental organizations. 

6 SEC. 415. None of the funds made available by this 

7 Act may be used by the Department of Transportation, 

8 the Department of Housing and Urban Development, or 

9 any other Federal agency to lease or purchase new light 

10 duty vehicles for any executive fleet, or for an agency’s 

11 fleet inventory, except in accordance with Presidential 

12 Memorandum—Federal Fleet Performance, dated May 

13 24, 2011. 

14 SEC. 416. None of the funds appropriated or other15 wise made available under this Act may be used by the 

16 Surface Transportation Board of the Department of 

17 Transportation to charge or collect any filing fee for rate 

18 or practice complaints filed with the Board in an amount 

19 in excess of the amount authorized for district court civil 

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

21 States Code. 

22 SEC. 417. Effective October 1, 2016, all unobligated 

23 balances, including recaptures and carryover, remaining 

24 from funds appropriated in division L of Public Law 114- 

25 113 for ‘‘Department of Transportation-Office of the SecVerDate Sep 11 2014 22:01 Jun 07, 2016 Jkt 059200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.RH H5394

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1 retary-Salaries and Expenses’’, ‘‘Department of Transpor2 tation-Office of the Secretary-Office of Civil Rights’’, ‘‘De3 partment of Transportation-Office of the Secretary-Minor4 ity Business Outreach’’, ‘‘Department of Transportation5 Federal Transit Administration-Administrative Ex6 penses’’, ‘‘Department of Transportation-Pipeline and 

7 Hazardous Materials Safety Administration-Operational 

8 Expenses’’, ‘‘Department of Transportation-Surface 

9 Transportation Board-Salaries and Expenses’’, ‘‘Access 

10 Board-Salaries and Expenses’’, ‘‘Federal Maritime Com11 mission-Salaries and Expenses’’, ‘‘National Railroad Pas12 senger Corporation-Office of Inspector General-Salaries 

13 and Expenses’’, ‘‘National Transportation Safety Board14 Salaries and Expenses’’, and ‘‘United States Interagency 

15 Council on Homelessness-Operating Expenses’’ are re16 scinded. 

17 SPENDING REDUCTION ACCOUNT

18 SEC. 418. The amount by which the applicable alloca19 tion of new budget authority made by the Committee on 

20 Appropriations of the House of Representatives under 

21 Section 302(b) of the Congressional Budget Act of 1974 

22 exceeds the amount of proposed new budget authority is 

23 $0. 


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1 This Act may be cited as the ‘‘Transportation, Hous2 ing and Urban Development, and Related Agencies Appro3 priations Act, 2017’’. 


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Union Calendar No. 472 

114TH CONGRESS 

2D SESSION H. R. 5394 

[Report No. 114–606] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2017, and for other puropment, and related agencies for the fiscal year Transportation, and Housing and Urban DevelJUNE 7, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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