HR 5972 PCS
(4) any program of the Federal Transit Admin-
istration other than the formula grants and fixed 
guideway modernization programs; or 
(5) any funding provided under the headings 
‘‘National Infrastructure Investments’’ in this Act: 
Provided, That the Secretary gives concurrent notifi-
cation to the House and Senate Committees on Ap-
propriations for any ‘‘quick release’’ of funds from 
the emergency relief program: Provided further, That 
no notification shall involve funds that are not avail-
able for obligation. 
SEC. 186. Rebates, refunds, incentive payments, 
minor fees and other funds received by the Department 
of Transportation from travel management centers, 
charge card programs, the subleasing of building space, 
and miscellaneous sources are to be credited to appropria-
tions of the Department of Transportation and allocated 
to elements of the Department of Transportation using 
fair and equitable criteria and such funds shall be avail-
able until expended. 
SEC. 187. Amounts made available in this or any 
other Act that the Secretary determines represent im-
proper payments by the Department of Transportation to 
a third-party contractor under a financial assistance 
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award, which are recovered pursuant to law, shall be avail-
able— 
(1) to reimburse the actual expenses incurred 
by the Department of Transportation in recovering 
improper payments; and 
(2) to pay contractors for services provided in 
recovering improper payments or contractor support 
in the implementation of the Improper Payments In-
formation Act of 2002: Provided, That amounts in 
excess of that required for paragraphs (1) and (2)— 
(A) shall be credited to and merged with 
the appropriation from which the improper pay-
ments were made, and shall be available for the 
purposes and period for which such appropria-
tions are available; or 
(B) if no such appropriation remains avail-
able, shall be deposited in the Treasury as mis-
cellaneous receipts: Provided further, That prior 
to the transfer of any such recovery to an ap-
propriations account, the Secretary shall notify 
to the House and Senate Committees on Appro-
priations of the amount and reasons for such 
transfer: Provided further, That for purposes of 
this section, the term ‘‘improper payments’’, 
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has the same meaning as that provided in sec-
tion 2(d)(2) of Public Law 107–300. 
SEC. 188. Notwithstanding any other provision of 
law, if any funds provided in or limited by this Act are 
subject to a reprogramming action that requires notice to 
be provided to the House and Senate Committees on Ap-
propriations, said reprogramming action shall be approved 
or denied solely by the Committees on Appropriations: 
Provided, That the Secretary may provide notice to other 
congressional committees of the action of the Committees 
on Appropriations on such reprogramming but not sooner 
than 30 days following the date on which the reprogram-
ming action has been approved or denied by the House 
and Senate Committees on Appropriations. 
SEC. 189. None of the funds appropriated or other-
wise made available under this Act may be used by the 
Surface Transportation Board of the Department of 
Transportation to charge or collect any filing fee for rate 
complaints filed with the Board in an amount in excess 
of the amount authorized for district court civil suit filing 
fees under section 1914 of title 28, United States Code. 
SEC. 190. Funds appropriated in this Act to the 
modal administrations may be obligated for the Office of 
the Secretary for the costs related to assessments or reim-
bursable agreements only when such amounts are for the 
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costs of goods and services that are purchased to provide 
a direct benefit to the applicable modal administration or 
administrations. 
This title may be cited as the ‘‘Department of Trans-
portation Appropriations Act, 2013’’. 
TITLE II 
DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT 
MANAGEMENT AND ADMINISTRATION 
ADMINISTRATION, OPERATIONS, AND MANAGEMENT 
For necessary salaries and expenses for administra-
tion, management and operations of the Department of 
Housing and Urban Development, $518,068,000 (reduced 
by $2,000,000), of which not to exceed $3,572,000 shall 
be available for the immediate Office of the Secretary; not 
to exceed $1,206,000 shall be for the Office of the Deputy 
Secretary and the Chief Operating Officer; not to exceed 
$1,711,000 shall be available for the Office of Hearings 
and Appeals; not to exceed $705,000 shall be available for 
the Office of Small and Disadvantaged Business Utiliza-
tion; not to exceed $47,627,000 shall be available for the 
Office of the Chief Financial Officer; not to exceed 
$95,102,000 shall be available for the Office of the Gen-
eral Counsel; not to exceed $2,400,000 shall be available 
to the Office of Congressional and Intergovernmental Re-
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lations; not to exceed $3,502,000 shall be available for the 
Office of Public Affairs; not to exceed $247,535,000 shall 
be available for the Office of the Chief Human Capital 
Officer; not to exceed $47,500,000 shall be available for 
the Office of Field Policy and Management; not to exceed 
$16,563,000 shall be available for the Office of the Chief 
Procurement Officer; not to exceed $3,127,000 shall be 
available for the Office of Departmental Equal Employ-
ment Opportunity; not to exceed $1,404,000 shall be avail-
able for the Center for Faith-Based and Community Ini-
tiatives; not to exceed $2,360,000 shall be available for 
the Office of Sustainable Housing and Communities; not 
to exceed $4,884,000 shall be available for the Office of 
Strategic Planning and Management; and not to exceed 
$38,870,000 (reduced by $2,000,000) shall be available 
for the Office of the Chief Information Officer: Provided, 
That funds provided under this heading may be used for 
necessary administrative and non-administrative expenses 
of the Department of Housing and Urban Development, 
not otherwise provided for, including purchase of uni-
forms, or allowances therefore, as authorized by 5 U.S.C. 
5901–5902; hire of passenger motor vehicles; services as 
authorized by 5 U.S.C. 3109: Provided further, That not-
withstanding any other provision of law, funds appro-
priated under this heading may be used for advertising 
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and promotional activities that support the housing mis-
sion area: Provided further, That the Secretary shall trans-
mit to the House and Senate Committees on Appropria-
tions a detailed budget justification for each office within 
the Department, including an organizational chart for 
each operating area within the Department: Provided fur-
ther, That the budget justification shall include funding 
levels for the past 3 fiscal years for all offices: Provided 
further, that the budget submitted by the Department 
must also include a detailed justification for the incre-
mental funding increases, decreases and FTE fluctuations 
being requested by program, activity, or program element: 
Provided further, That the Secretary shall provide the 
Committees on Appropriations quarterly written notifica-
tion regarding the status of pending congressional reports: 
Provided further, That the Secretary shall provide all 
signed reports required by Congress electronically: Pro-
vided further, That not to exceed $25,000 of the amount 
made available under this paragraph for the immediate 
Office of the Secretary shall be available for official recep-
tion and representation expenses as the Secretary may de-
termine. 
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States Housing Act of 1937, as amended (42 U.S.C. 1437 
et seq.) (‘‘the Act’’ herein), not otherwise provided for, 
$15,134,283,000, to remain available until expended, shall 
be available on October 1, 2012 (in addition to the 
$4,000,000,000 previously appropriated under this head-
ing that became available on October 1, 2012), and 
$4,000,000,000, to remain available until expended, shall 
be available on October 1, 2013: Provided, That amounts 
made available under this heading are provided as follows: 
(1) $17,237,948,000 shall be available for re-
newals of expiring section 8 tenant-based annual 
contributions contracts (including renewals of en-
hanced vouchers under any provision of law author-
izing such assistance under section 8(t) of the Act) 
and including renewal of other special purpose incre-
mental vouchers: Provided, That notwithstanding 
any other provision of law, from amounts provided 
under this paragraph and any carryover, the Sec-
retary for the calendar year 2013 funding cycle shall 
provide renewal funding for each public housing 
agency based on validated voucher management sys-
tem (VMS) leasing and cost data for the prior cal-
endar year and by applying an inflation factor as es-
tablished by the Secretary, by notice published in 
the Federal Register, and by making any necessary 
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adjustments for the costs associated with the first- 
time renewal of vouchers under this paragraph in-
cluding tenant protection and HOPE VI vouchers: 
Provided further, That none of the funds provided 
under this paragraph may be used to fund a total 
number of unit months under lease which exceeds a 
public housing agency’s authorized level of units 
under contract, except for public housing agencies 
participating in the Moving to Work (MTW) dem-
onstration, which are instead governed by the terms 
and conditions of their MTW agreements: Provided 
further, That the Secretary shall, to the extent nec-
essary to stay within the amount specified under this 
paragraph, pro rate each public housing agency’s al-
location otherwise established pursuant to this para-
graph: Provided further, That except as provided in 
the following provisos, the entire amount specified 
under this paragraph (except as otherwise modified 
under this Act) shall be obligated to the public hous-
ing agencies based on the allocation and pro rata 
method described above, and the Secretary shall no-
tify public housing agencies of their annual budget 
not later than 60 days after enactment of this Act: 
Provided further, That the Secretary may extend the 
60-day notification period, with the prior written ap-
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proval of the House and Senate Committees on Ap-
propriations: 
Provided 
further, 
That 
up 
to 
$75,000,000 shall be available only: (1) for adjust-
ments in the allocations for public housing agencies, 
after application for an adjustment by a public hous-
ing agency, that experienced a significant increase, 
as determined by the Secretary, in renewal costs of 
vouchers resulting from unforeseen circumstances or 
from portability under section 8(r) of the Act; (2) 
for vouchers that were not in use during the 12- 
month period in order to be available to meet a com-
mitment pursuant to section 8(o)(13) of the Act; (3) 
for adjustments for costs associated with HUD-Vet-
erans Affairs Supportive Housing (HUD–VASH) 
vouchers; and (4) for adjustments in the allocations 
for public housing agencies that experienced a sig-
nificant increase, as determined by the Secretary, in 
renewal costs as a result of participation in the 
Small Area Fair Market Rent demonstration: Pro-
vided further, That the Secretary shall allocate 
amounts under the previous proviso based on need 
as determined by the Secretary; 
(2) $75,000,000 shall be for section 8 rental as-
sistance for relocation and replacement of housing 
units that are demolished or disposed of pursuant to 
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section 18 of the Act, conversion of section 23 
projects to assistance under section 8, the family 
unification program under section 8(x) of the Act, 
relocation of witnesses in connection with efforts to 
combat crime in public and assisted housing pursu-
ant to a request from a law enforcement or prosecu-
tion agency, enhanced vouchers under any provision 
of law authorizing such assistance under section 8(t) 
of the Act, HOPE VI vouchers, mandatory and vol-
untary conversions, and tenant protection assistance 
including replacement and relocation assistance or 
for project-based assistance to prevent the displace-
ment of unassisted elderly tenants currently residing 
in section 202 properties financed between 1959 and 
1974 that are refinanced pursuant to Public Law 
106–569, as amended, or under the authority as 
provided under this Act: Provided, That when a pub-
lic housing development is submitted for demolition 
or disposition under section 18 of the Act, the Sec-
retary may provide section 8 rental assistance when 
the units pose an imminent health and safety risk to 
residents: Provided further, That the Secretary may 
only provide replacement vouchers for units that 
were occupied within the previous 24 months that 
cease to be available as assisted housing, subject 
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only to the availability of funds: Provided further, 
That of the amounts made available under this para-
graph, $10,000,000 may be available to provide ten-
ant protection assistance, not otherwise provided 
under this paragraph, to residents residing in low- 
vacancy areas and who may have to pay rents great-
er than 30 percent of household income, as the re-
sult of (1) the maturity of a HUD-insured, HUD- 
held or section 202 loan that requires the permission 
of the Secretary prior to loan prepayment; (2) the 
expiration of a rental assistance contract for which 
the tenants are not eligible for enhanced voucher or 
tenant protection assistance under existing law; or 
(3) the expiration of affordability restrictions accom-
panying a mortgage or preservation program admin-
istered by the Secretary: Provided further, That such 
tenant protection assistance made available under 
the previous proviso may be provided under the au-
thority of section 8(t) or section 8(o)(13) of the 
United States Housing Act of 1937 (42 U.S.C. 
1437f(t)): Provided further, That the Secretary shall 
issue guidance to implement the previous provisos, 
including, but not limited to, requirements for defin-
ing eligible at-risk households within 120 days of the 
enactment of this Act; 
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(3) $1,575,000,000 shall be for administrative 
and other expenses of public housing agencies in ad-
ministering the section 8 tenant-based rental assist-
ance program, of which up to $50,000,000 shall be 
available to the Secretary to allocate to public hous-
ing agencies that need additional funds to admin-
ister their section 8 programs, including fees associ-
ated with section 8 tenant protection rental assist-
ance, the administration of disaster-related vouchers, 
Veterans Affairs Supportive Housing vouchers, and 
other special purpose incremental vouchers: Pro-
vided, That no less than $1,525,000,000 of the 
amount provided in this paragraph shall be allocated 
to public housing agencies for the calendar year 
2013 funding cycle based on section 8(q) of the Act 
(and related Appropriation Act provisions) as in ef-
fect immediately before the enactment of the Quality 
Housing and Work Responsibility Act of 1998 (Pub-
lic Law 105–276): Provided further, That if the 
amounts made available under this paragraph are 
insufficient to pay the amounts determined under 
the previous proviso, the Secretary may decrease the 
amounts allocated to agencies by a uniform percent-
age applicable to all agencies receiving funding 
under this paragraph or may, to the extent nec-
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essary to provide full payment of amounts deter-
mined under the previous proviso, utilize unobligated 
balances, including recaptures and carryovers, re-
maining from funds appropriated to the Department 
of Housing and Urban Development under this 
heading from prior fiscal years, notwithstanding the 
purposes for which such amounts were appropriated: 
Provided further, That all public housing agencies 
participating in the MTW demonstration shall be 
funded pursuant to their MTW agreements, and 
shall be subject to the same uniform percentage de-
crease as under the previous proviso: Provided fur-
ther, That amounts provided under this paragraph 
shall be only for activities related to the provision of 
tenant-based rental assistance authorized under sec-
tion 8, including related development activities; 
(4) $60,000,000 shall be available for family 
self-sufficiency coordinators under section 23 of the 
Act; 
(5) $111,335,000 for the renewal of tenant- 
based assistance contracts under section 811 of the 
Cranston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 8013), including necessary administra-
tive expenses; 
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(6) $75,000,000 for incremental rental voucher 
assistance for use through a supported housing pro-
gram administered in conjunction with the Depart-
ment of Veterans Affairs as authorized under section 
8(o)(19) of the United States Housing Act of 1937: 
Provided, That the Secretary of Housing and Urban 
Development shall make such funding available, not-
withstanding section 204 (competition provision) of 
this title, to public housing agencies that partner 
with eligible VA Medical Centers or other entities as 
designated by the Secretary of the Department of 
Veterans Affairs, based on geographical need for 
such assistance as identified by the Secretary of the 
Department of Veterans Affairs, public housing 
agency administrative performance, and other fac-
tors as specified by the Secretary of Housing and 
Urban Development in consultation with the Sec-
retary of the Department of Veterans Affairs: Pro-
vided further, That the Secretary of Housing and 
Urban Development may waive, or specify alter-
native requirements for (in consultation with the 
Secretary of the Department of Veterans Affairs), 
any provision of any statute or regulation that the 
Secretary of Housing and Urban Development ad-
ministers in connection with the use of funds made 
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available under this paragraph (except for require-
ments related to fair housing, nondiscrimination, 
labor standards, and the environment), upon a find-
ing by the Secretary that any such waivers or alter-
native requirements are necessary for the effective 
delivery and administration of such voucher assist-
ance: Provided further, That assistance made avail-
able under this paragraph shall continue to remain 
available for homeless veterans upon turn-over; and 
(7) The Secretary shall separately track all spe-
cial purpose vouchers funded under this heading. 
HOUSING CERTIFICATE FUND 
(RESCISSION) 
Unobligated balances, including recaptures and car-
ryover, remaining from funds appropriated to the Depart-
ment of Housing and Urban Development under this 
heading, the heading, ‘‘Annual Contributions for Assisted 
Housing’’, and the heading ‘‘Project-Based Rental Assist-
ance’’, for fiscal year 2013 and prior years may be used 
for renewal of or amendments to section 8 project-based 
contracts and for performance-based contract administra-
tors, notwithstanding the purposes for which such funds 
were appropriated: Provided, That any obligated balances 
of contract authority from fiscal year 1974 and prior that 
have been terminated shall be rescinded: Provided further, 
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That amounts previously recaptured, or recaptured during 
the current fiscal year, from section 8 project-based con-
tracts from source years fiscal year 1975 through fiscal 
year 1987 are hereby rescinded, and an amount of addi-
tional new budget authority, equivalent to the amount per-
manently cancelled is hereby appropriated, to remain 
available until expended, for the purposes set forth under 
this heading, in addition to amounts otherwise available. 
PUBLIC HOUSING CAPITAL FUND 
For the Public Housing Capital Fund Program to 
carry out capital and management activities for public 
housing agencies, as authorized under section 9 of the 
United States Housing Act of 1937 (42 U.S.C. 1437g) 
(the ‘‘Act’’) $1,985,000,000, to remain available until 
September 30, 2016: Provided, That notwithstanding any 
other provision of law or regulation, during fiscal year 
2013 the Secretary of Housing and Urban Development 
may not delegate to any Department official other than 
the Deputy Secretary and the Assistant Secretary for 
Public and Indian Housing any authority under paragraph 
(2) of section 9(j) regarding the extension of the time peri-
ods under such section: Provided further, That for pur-
poses of such section 9(j), the term ‘‘obligate’’ means, with 
respect to amounts, that the amounts are subject to a 
binding agreement that will result in outlays, immediately 
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or in the future: Provided further, That up to $15,345,000 
shall be to support the ongoing Public Housing Financial 
and Physical Assessment activities of the Real Estate As-
sessment Center (REAC): Provided further, That of the 
total amount provided under this heading, not to exceed 
$20,000,000 shall be available for the Secretary to make 
grants, notwithstanding section 204 of this Act, to public 
housing agencies for emergency capital needs including 
safety and security measures necessary to address crime 
and drug-related activity as well as needs resulting from 
unforeseen or unpreventable emergencies and natural dis-
asters excluding Presidentially declared emergencies and 
natural disasters under the Robert T. Stafford Disaster 
Relief and Emergency Act (42 U.S.C. 5121 et seq.) occur-
ring in fiscal year 2013: Provided further, That of the total 
amount provided under this heading $50,000,000 shall be 
for supportive services, service coordinator and congregate 
services as authorized by section 34 of the Act (42 U.S.C. 
1437z–6) and the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4101 et 
seq.): Provided further, That of the total amount provided 
under this heading, up to $5,000,000 is to support the 
costs of administrative and judicial receiverships: Provided 
further, That from the funds made available under this 
heading, the Secretary shall provide bonus awards in fiscal 
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