195 
† HR 2112 EAS 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guantanamo Bay, Cuba. 
SEC. 534. None of the funds made available under this 
Act may be distributed to the Association of Community 
Organizations for Reform Now (ACORN) or its subsidi-
aries. 
SEC. 535. To the extent practicable, funds made avail-
able in this Act should be used to purchase light bulbs that 
are ‘‘Energy Star’’ qualified or have the ‘‘Federal Energy 
Management Program’’ designation. 
SEC. 536. The Director of the Office of Management 
and Budget shall instruct any department, agency, or in-
strumentality of the United States Government receiving 
funds appropriated under this Act to track undisbursed bal-
ances in expired grant accounts and include in its annual 
performance plan and performance and accountability re-
ports the following: 
(1) Details on future action the department, 
agency, or instrumentality will take to resolve 
undisbursed balances in expired grant accounts.
196 
† HR 2112 EAS 
(2) The method that the department, agency, or 
instrumentality uses to track undisbursed balances in 
expired grant accounts. 
(3) Identification of undisbursed balances in ex-
pired grant accounts that may be returned to the 
Treasury of the United States. 
(4) In the preceding 3 fiscal years, details on the 
total number of expired grant accounts with 
undisbursed balances (on the first day of each fiscal 
year) for the department, agency, or instrumentality 
and the total finances that have not been obligated to 
a specific project remaining in the accounts. 
SEC. 537. None of the funds made available in this 
Act may be used to relocate the Bureau of the Census or 
employees from the Department of Commerce to the juris-
diction of the Executive Office of the President. 
SEC. 538. (a) The head of any department, agency, 
board or commission funded by this Act shall submit quar-
terly reports to the Inspector General, or the senior ethics 
official for any entity without an inspector general, of the 
appropriate department, agency, board or commission re-
garding the costs and contracting procedures relating to 
each conference held by the department, agency, board or 
commission during fiscal year 2012 for which the cost to 
the Government was more than $20,000.
197 
† HR 2112 EAS 
(b) Each report submitted under subsection (a) shall 
include, for each conference described in that subsection held 
during the applicable quarter— 
(1) a description of the subject of and number of 
participants attending that conference; 
(2) a detailed statement of the costs to the Gov-
ernment relating to that conference, including— 
(A) the cost of any food or beverages; 
(B) the cost of any audio-visual services; 
and 
(C) a discussion of the methodology used to 
determine which costs relate to that conference; 
and 
(3) a description of the contracting procedures 
relating to that conference, including— 
(A) whether contracts were awarded on a 
competitive basis for that conference; and 
(B) a discussion of any cost comparison 
conducted by the department, agency, board or 
commission in evaluating potential contractors 
for that conference. 
SEC. 539. (a) None of the funds made available in this 
Act may be used to maintain or establish a computer net-
work unless such network blocks the viewing, downloading, 
and exchanging of pornography.
198 
† HR 2112 EAS 
(b) Nothing in subsection (a) shall limit the use of 
funds necessary for any Federal, State, tribal, or local law 
enforcement agency or any other entity carrying out crimi-
nal investigations, prosecution, or adjudication activities. 
SEC. 540. The Departments of Commerce and Justice, 
the National Aeronautics and Space Administration, and 
the National Science Foundation are directed to submit 
spending plans, signed by the respective department or 
agency head, to the House and Senate Committees on Ap-
propriations within 30 days of enactment of this Act. 
SEC. 541. The amount appropriated or otherwise made 
available by title IV under the heading ‘‘COMMISSION ON 
WARTIME RELOCATION AND INTERNMENT OF LATIN AMERI-
CANS
OF JAPANESE DESCENT’’ is hereby reduced by 
$1,700,000. 
SEC. 542. The provisions of sections 517(c), 531, and 
538 shall apply to all agencies and departments funded by 
divisions A, B, and C. 
SEC. 543. (a) The matter under the heading ‘‘SALA-
RIES AND EXPENSES’’ under the heading ‘‘OFFICE OF THE 
UNITED STATES TRADE REPRESENTATIVE’’ in title IV of 
this division is amended by striking ‘‘$46,775,000’’ and in-
serting ‘‘$51,251,000’’. 
(b) Of the unobligated balance of amounts made avail-
able to the Department of Justice for a fiscal year before
199 
† HR 2112 EAS 
fiscal year 2012 for the ‘‘Legal Activities, Assets Forfeiture 
Fund’’ 
account, 
there 
are 
permanently 
rescinded 
$8,000,000, in addition to the amount rescinded pursuant 
to section 529(c)(2). 
This Act may be cited as the ‘‘Commerce, Justice, 
Science, and Related Agencies Appropriations Act, 2012’’. 
DIVISION C—TRANSPORTATION, HOUSING 
AND URBAN DEVELOPMENT, AND RE-
LATED AGENCIES 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending 
September 30, 2012, and for other purposes, namely: 
TITLE I 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary, 
$102,202,000, of which not to exceed $2,618,000 shall be 
available for the immediate Office of the Secretary; not to 
exceed $981,000 shall be available for the Immediate Office 
of the Deputy Secretary; not to exceed $19,515,000 shall be 
available for the Office of the General Counsel; not to exceed 
$11,004,000 shall be available for the Office of the Under
200 
† HR 2112 EAS 
Secretary of Transportation for Policy; not to exceed 
$10,538,000 shall be available for the Office of the Assistant 
Secretary for Budget and Programs; not to exceed 
$2,544,000 shall be available for the Office of the Assistant 
Secretary for Governmental Affairs; not to exceed 
$25,469,000 shall be available for the Office of the Assistant 
Secretary for Administration; not to exceed $2,046,000 shall 
be available for the Office of Public Affairs; not to exceed 
$1,649,000 shall be available for the Office of the Executive 
Secretariat; not to exceed $1,492,000 shall be available for 
the Office of Small and Disadvantaged Business Utiliza-
tion; not to exceed $10,578,000 for the Office of Intelligence, 
Security, and Emergency Response; and not to exceed 
$13,768,000 shall be available for the Office of the Chief 
Information Officer: Provided, That the Secretary of Trans-
portation is authorized to transfer funds appropriated for 
any office of the Office of the Secretary to any other office 
of the Office of the Secretary: Provided further, That no ap-
propriation for any office shall be increased or decreased 
by more than 5 percent by all such transfers: Provided fur-
ther, That notice of any change in funding greater than 
5 percent shall be submitted for approval to the House and 
Senate Committees on Appropriations: Provided further, 
That not to exceed $60,000 shall be for allocation within 
the Department for official reception and representation ex-
201 
† HR 2112 EAS 
penses as the Secretary may determine: Provided further, 
That notwithstanding any other provision of law, excluding 
fees authorized in Public Law 107–71, there may be cred-
ited to this appropriation up to $2,500,000 in funds re-
ceived in user fees: Provided further, That none of the funds 
provided in this Act shall be available for the position of 
Assistant Secretary for Public Affairs. 
NATIONAL INFRASTRUCTURE INVESTMENTS 
For capital investments in surface transportation in-
frastructure, $550,000,000, to remain available through 
September 30, 2013: Provided, That the Secretary of Trans-
portation shall distribute funds provided under this heading 
as discretionary grants to be awarded to a State, local gov-
ernment, transit agency, or a collaboration among such en-
tities on a competitive basis for projects that will have a 
significant impact on the Nation, a metropolitan area, or 
a region: Provided further, That projects eligible for funding 
provided under this heading shall include, but not be lim-
ited to, highway or bridge projects eligible under title 23, 
United States Code; public transportation projects eligible 
under chapter 53 of title 49, United States Code; passenger 
and freight rail transportation projects; and port infra-
structure investments: Provided further, That the Secretary 
may use up to 35 percent of the funds made available under 
this heading for the purpose of paying the subsidy and ad-
202 
† HR 2112 EAS 
ministrative costs of projects eligible for Federal credit as-
sistance under chapter 6 of title 23, United States Code, 
if the Secretary finds that such use of the funds would ad-
vance the purposes of this paragraph: Provided further, 
That in distributing funds provided under this heading, the 
Secretary shall take such measures so as to ensure an equi-
table geographic distribution of funds, an appropriate bal-
ance in addressing the needs of urban and rural areas, and 
the investment in a variety of transportation modes: Pro-
vided further, That a grant funded under this heading shall 
be not less than $10,000,000 and not greater than 
$200,000,000: Provided further, That not more than 25 per-
cent of the funds made available under this heading may 
be awarded to projects in a single State: Provided further, 
That the Federal share of the costs for which an expenditure 
is made under this heading shall be, at the option of the 
recipient, up to 80 percent: Provided further, That the Sec-
retary shall give priority to projects that require a contribu-
tion of Federal funds in order to complete an overall financ-
ing package: Provided further, That not less than 
$120,000,000 of the funds provided under this heading shall 
be for projects located in rural areas: Provided further, That 
for projects located in rural areas, the minimum grant size 
shall be $1,000,000 and the Secretary may increase the Fed-
eral share of costs above 80 percent: Provided further, That
203 
† HR 2112 EAS 
projects conducted using funds provided under this heading 
must comply with the requirements of subchapter IV of 
chapter 31 of title 40, United States Code: Provided further, 
That the Secretary shall conduct a new competition to select 
the grants and credit assistance awarded under this head-
ing: Provided further, That the Secretary may retain up 
to $25,000,000 of the funds provided under this heading, 
and may transfer portions of those funds to the Administra-
tors of the Federal Highway Administration, the Federal 
Transit Administration, the Federal Railroad Administra-
tion and the Federal Maritime Administration, to fund the 
award and oversight of grants and credit assistance made 
under this heading. 
FINANCIAL MANAGEMENT CAPITAL 
For necessary expenses for upgrading and enhancing 
the Department of Transportation’s financial systems and 
re-engineering business processes, $4,990,000, to remain 
available through September 30, 2013. 
CYBER SECURITY INITIATIVES 
For necessary expenses for cyber security initiatives, 
including improvement of network perimeter controls and 
identity management, testing and assessment of informa-
tion technology against business, security, and other re-
quirements, implementation of Federal cyber security ini-
tiatives and information infrastructure enhancements, im-
204 
† HR 2112 EAS 
plementation of enhanced security controls on network de-
vices, and enhancement of cyber security workforce training 
tools, $10,000,000, to remain available through September 
30, 2013. 
OFFICE OF CIVIL RIGHTS 
For necessary expenses of the Office of Civil Rights, 
$9,648,000. 
TRANSPORTATION PLANNING, RESEARCH, AND 
DEVELOPMENT 
For necessary expenses for conducting transportation 
planning, research, systems development, development ac-
tivities, and making grants, to remain available until ex-
pended, $9,000,000. 
WORKING CAPITAL FUND 
For necessary expenses for operating costs and capital 
outlays of the Working Capital Fund, not to exceed 
$147,596,000 shall be paid from appropriations made 
available to the Department of Transportation: Provided, 
That such services shall be provided on a competitive basis 
to entities within the Department of Transportation: Pro-
vided further, That the above limitation on operating ex-
penses shall not apply to non-DOT entities: Provided fur-
ther, That no funds appropriated in this Act to an agency 
of the Department shall be transferred to the Working Cap-
ital Fund without the approval of the agency modal admin-
205 
† HR 2112 EAS 
istrator: Provided further, That no assessments may be lev-
ied against any program, budget activity, subactivity or 
project funded by this Act unless notice of such assessments 
and the basis therefor are presented to the House and Senate 
Committees on Appropriations and are approved by such 
Committees. 
MINORITY BUSINESS RESOURCE CENTER PROGRAM 
For the cost of guaranteed loans, $351,000, as author-
ized by 49 U.S.C. 332: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in sec-
tion 502 of the Congressional Budget Act of 1974: Provided 
further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, not 
to exceed $18,367,000. In addition, for administrative ex-
penses to carry out the guaranteed loan program, $570,000. 
MINORITY BUSINESS OUTREACH 
For necessary expenses of Minority Business Resource 
Center outreach activities, $3,068,000, to remain available 
until September 30, 2013: Provided, That notwithstanding 
49 U.S.C. 332, these funds may be used for business oppor-
tunities related to any mode of transportation.
206 
† HR 2112 EAS 
PAYMENTS TO AIR CARRIERS 
(AIRPORT AND AIRWAY TRUST FUND) 
(INCLUDING TRANSFER OF FUNDS) 
In addition to funds made available from any other 
source to carry out the essential air service program under 
49 U.S.C. 41731 through 41742, $143,000,000, to be derived 
from the Airport and Airway Trust Fund, to remain avail-
able until expended: Provided, That in determining between 
or among carriers competing to provide service to a commu-
nity, the Secretary may consider the relative subsidy re-
quirements of the carriers: Provided further, That no funds 
made available under section 41742 of title 49, United 
States Code, and no funds made available in this Act or 
any other Act in any fiscal year, shall be available to carry 
out the essential air service program under sections 41731 
through 41742 of such title 49 in communities in the 48 
contiguous States unless the community received subsidized 
essential air service or received a 90-day notice of intent 
to terminate service and the Secretary required the air car-
rier to continue to provide service to the community at any 
time between September 30, 2010, and September 30, 2011, 
inclusive: Provided further, That basic essential air service 
minimum requirements shall not include the 15-passenger 
capacity requirement under subsection 41732(b)(3) of title 
49, United States Code: Provided further, That if the funds
207 
† HR 2112 EAS 
under this heading are insufficient to meet the costs of the 
essential air service program in the current fiscal year, the 
Secretary shall transfer such sums as may be necessary to 
carry out the essential air service program from any avail-
able amounts appropriated to or directly administered by 
the Office of the Secretary for such fiscal year. 
ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY 
OF TRANSPORTATION 
SEC. 101. None of the funds made available in this 
Act to the Department of Transportation may be obligated 
for the Office of the Secretary of Transportation to approve 
assessments or reimbursable agreements pertaining to funds 
appropriated to the modal administrations in this Act, ex-
cept for activities underway on the date of enactment of 
this Act, unless such assessments or agreements have com-
pleted the normal reprogramming process for Congressional 
notification. 
SEC. 102. None of the funds made available under this 
Act may be obligated or expended to establish or implement 
a program under which essential air service communities 
are required to assume subsidy costs commonly referred to 
as the EAS local participation program. 
SEC. 103. The Secretary or his designee may engage 
in activities with States and State legislators to consider 
proposals related to the reduction of motorcycle fatalities.
208 
† HR 2112 EAS 
(RESCISSION) 
SEC. 104. Of the amounts made available by section 
185 of Public Law 109–115, all unobligated balances as of 
the date of enactment of this Act are hereby rescinded. 
SEC. 105. Notwithstanding section 3324 of title 31, 
United States Code, in addition to authority provided by 
section 327 of title 49, United States Code, the Depart-
ment’s Working Capital Fund is hereby authorized to pro-
vide payments in advance to vendors that are necessary to 
carry out the Federal transit pass transportation fringe 
benefit program under Executive Order 13150 and section 
3049 of Public Law 109–59: Provided, That the Depart-
ment shall include adequate safeguards in the contract with 
the vendors to ensure timely and high-quality performance 
under the contract. 
SEC. 106. The Secretary shall post on the Web site of 
the Department of Transportation a schedule of all meetings 
of the Credit Council, including the agenda for each meet-
ing, and require the Credit Council to record the minutes 
of each meeting.
209 
† HR 2112 EAS 
FEDERAL AVIATION ADMINISTRATION 
OPERATIONS 
(AIRPORT AND AIRWAY TRUST FUND) 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Federal Aviation Admin-
istration, not otherwise provided for, including operations 
and research activities related to commercial space trans-
portation, administrative expenses for research and develop-
ment, establishment of air navigation facilities, the oper-
ation (including leasing) and maintenance of aircraft, sub-
sidizing the cost of aeronautical charts and maps sold to 
the public, lease or purchase of passenger motor vehicles for 
replacement only, in addition to amounts made available 
by Public Law 108–176, $9,635,710,000, of which 
$5,000,000,000 shall be derived from the Airport and Air-
way Trust Fund, of which not to exceed $7,560,815,000 
shall be available for air traffic organization activities; not 
to exceed $1,253,381,000 shall be available for aviation safe-
ty activities; not to exceed $15,005,000 shall be available 
for commercial space transportation activities; not to exceed 
$112,459,000 shall be available for financial services activi-
ties; not to exceed $98,858,000 shall be available for human 
resources program activities; not to exceed $337,944,000 
shall be available for region and center operations and re-
gional coordination activities; not to exceed $207,065,000
210 
† HR 2112 EAS 
shall be available for staff offices; and not to exceed 
$50,183,000 shall be available for information services: Pro-
vided, That not to exceed 2 percent of any budget activity, 
except for aviation safety budget activity, may be trans-
ferred to any budget activity under this heading: Provided 
further, That no transfer may increase or decrease any ap-
propriation by more than 2 percent: Provided further, That 
any transfer in excess of 2 percent shall be treated as a 
reprogramming of funds under section 405 of this Act and 
shall not be available for obligation or expenditure except 
in compliance with the procedures set forth in that section: 
Provided further, That not later than May 31, 2012, the 
Administrator shall submit to the House and Senate Com-
mittees on Appropriations a comprehensive report that de-
scribes all of the findings and conclusions reached during 
the Federal Aviation Administration’s efforts to develop an 
objective, data-driven method for placing air traffic control-
lers after the successful completion of their training at the 
Federal Aviation Administration Academy, lists all avail-
able options for establishing such method, and discusses the 
benefits and challenges of each option: Provided further, 
That not later than March 31 of each fiscal year hereafter, 
the Administrator of the Federal Aviation Administration 
shall transmit to Congress an annual update to the report 
submitted to Congress in December 2004 pursuant to sec-
211 
† HR 2112 EAS 
tion 221 of Public Law 108–176: Provided further, That 
the amount herein appropriated shall be reduced by 
$100,000 for each day after March 31 that such report has 
not been submitted to the Congress: Provided further, That 
not later than March 31 of each fiscal year hereafter, the 
Administrator shall transmit to Congress a companion re-
port that describes a comprehensive strategy for staffing, 
hiring, and training flight standards and aircraft certifi-
cation staff in a format similar to the one utilized for the 
controller staffing plan, including stated attrition estimates 
and numerical hiring goals by fiscal year, and a benchmark 
for assessing the amount of time aviation inspectors spend 
directly observing industry field operations: Provided fur-
ther, That the amount herein appropriated shall be reduced 
by $100,000 per day for each day after March 31 that such 
report has not been submitted to Congress: Provided further, 
That funds may be used to enter into a grant agreement 
with a nonprofit standard-setting organization to assist in 
the development of aviation safety standards: Provided fur-
ther, That none of the funds in this Act shall be available 
for new applicants for the second career training program: 
Provided further, That none of the funds in this Act shall 
be available for the Federal Aviation Administration to fi-
nalize or implement any regulation that would promulgate 
new aviation user fees not specifically authorized by law
212 
† HR 2112 EAS 
after the date of the enactment of this Act: Provided further, 
That there may be credited to this appropriation as offset-
ting collections funds received from States, counties, mu-
nicipalities, foreign authorities, other public authorities, 
and private sources for expenses incurred in the provision 
of agency services, including receipts for the maintenance 
and operation of air navigation facilities, and for issuance, 
renewal or modification of certificates, including airman, 
aircraft, and repair station certificates, or for tests related 
thereto, or for processing major repair or alteration forms: 
Provided further, That of the funds appropriated under this 
heading, not less than $9,500,000 shall be for the contract 
tower cost-sharing program: Provided further, That none of 
the funds in this Act for aeronautical charting and cartog-
raphy are available for activities conducted by, or coordi-
nated through, the Working Capital Fund. 
FACILITIES AND EQUIPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, im-
provement by contract or purchase, and hire of national 
airspace systems and experimental facilities and equip-
ment, as authorized under part A of subtitle VII of title 
49, United States Code, including initial acquisition of nec-
essary sites by lease or grant; engineering and service test-
213 
† HR 2112 EAS 
ing, including construction of test facilities and acquisition 
of necessary sites by lease or grant; construction and fur-
nishing of quarters and related accommodations for officers 
and employees of the Federal Aviation Administration sta-
tioned at remote localities where such accommodations are 
not available; and the purchase, lease, or transfer of aircraft 
from funds available under this heading, including aircraft 
for aviation regulation and certification; to be derived from 
the Airport and Airway Trust Fund, $2,630,731,000, of 
which $474,000,000 shall remain available until September 
30, 2012, and of which $2,156,731,000 shall remain avail-
able until September 30, 2014: Provided, That there may 
be credited to this appropriation funds received from States, 
counties, municipalities, other public authorities, and pri-
vate sources, for expenses incurred in the establishment, im-
provement, and modernization of national airspace sys-
tems: Provided further, That upon initial submission to the 
Congress of the fiscal year 2013 President’s budget, the Sec-
retary of Transportation shall transmit to the Congress a 
comprehensive capital investment plan for the Federal 
Aviation Administration which includes funding for each 
budget line item for fiscal years 2013 through 2017, with 
total funding for each year of the plan constrained to the 
funding targets for those years as estimated and approved 
by the Office of Management and Budget.
214 
† HR 2112 EAS 
RESEARCH, ENGINEERING, AND DEVELOPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, for 
research, engineering, and development, as authorized 
under part A of subtitle VII of title 49, United States Code, 
including construction of experimental facilities and acqui-
sition of necessary sites by lease or grant, $157,000,000, to 
be derived from the Airport and Airway Trust Fund and 
to remain available until September 30, 2014: Provided, 
That there may be credited to this appropriation as offset-
ting collections, funds received from States, counties, mu-
nicipalities, other public authorities, and private sources, 
which shall be available for expenses incurred for research, 
engineering, and development. 
GRANTS-IN-AID FOR AIRPORTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(AIRPORT AND AIRWAY TRUST FUND) 
(INCLUDING TRANSFER OF FUNDS) 
For liquidation of obligations incurred for grants-in- 
aid for airport planning and development, and noise com-
patibility planning and programs as authorized under sub-
chapter I of chapter 471 and subchapter I of chapter 475 
of title 49, United States Code, and under other law author-
izing such obligations; for procurement, installation, and
215 
† HR 2112 EAS 
commissioning of runway incursion prevention devices and 
systems at airports of such title; for grants authorized under 
section 41743 of title 49, United States Code; and for in-
spection activities and administration of airport safety pro-
grams, including those related to airport operating certifi-
cates under section 44706 of title 49, United States Code, 
$4,691,000,000 to be derived from the Airport and Airway 
Trust Fund and to remain available until expended: Pro-
vided, That none of the funds under this heading shall be 
available for the planning or execution of programs the obli-
gations for which are in excess of $3,515,000,000 in fiscal 
year 2012, notwithstanding section 47117(g) of title 49, 
United States Code: Provided further, That none of the 
funds under this heading shall be available for the replace-
ment of baggage conveyor systems, reconfiguration of ter-
minal baggage areas, or other airport improvements that 
are necessary to install bulk explosive detection systems: 
Provided further, That notwithstanding any other provision 
of law, of funds limited under this heading, not more than 
$101,000,000 shall be obligated for administration, not less 
than $15,000,000 shall be available for the airport coopera-
tive research program, not less than $29,250,000 shall be 
for Airport Technology Research and $6,000,000, to remain 
available until expended, shall be available and transferred 
to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry
216 
† HR 2112 EAS 
out the Small Community Air Service Development Pro-
gram. 
ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION 
ADMINISTRATION 
SEC. 110. None of the funds in this Act may be used 
to compensate in excess of 600 technical staff-years under 
the federally funded research and development center con-
tract between the Federal Aviation Administration and the 
Center for Advanced Aviation Systems Development during 
fiscal year 2012. 
SEC. 111. None of the funds in this Act shall be used 
to pursue or adopt guidelines or regulations requiring air-
port sponsors to provide to the Federal Aviation Adminis-
tration without cost building construction, maintenance, 
utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to air traffic control, air 
navigation, or weather reporting: Provided, That the prohi-
bition of funds in this section does not apply to negotiations 
between the agency and airport sponsors to achieve agree-
ment on ‘‘below-market’’ rates for these items or to grant 
assurances that require airport sponsors to provide land 
without cost to the FAA for air traffic control facilities. 
SEC. 112. The Administrator of the Federal Aviation 
Administration may reimburse amounts made available to 
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
217 
† HR 2112 EAS 
U.S.C. 45303: Provided, That during fiscal year 2012, 49 
U.S.C. 41742(b) shall not apply, and any amount remain-
ing in such account at the close of that fiscal year may 
be made available to satisfy section 41742(a)(1) for the sub-
sequent fiscal year. 
SEC. 113. Amounts collected under section 40113(e) of 
title 49, United States Code, shall be credited to the appro-
priation current at the time of collection, to be merged with 
and available for the same purposes of such appropriation. 
SEC. 114. None of the funds limited by this Act for 
grants under the Airport Improvement Program shall be 
made available to the sponsor of a commercial service air-
port if such sponsor fails to agree to a request from the 
Secretary of Transportation for cost-free space in a nonrev-
enue producing, public use area of the airport terminal or 
other airport facilities for the purpose of carrying out a 
public service air passenger rights and consumer outreach 
campaign. 
SEC. 115. None of the funds in this Act shall be avail-
able for paying premium pay under subsection 5546(a) of 
title 5, United States Code, to any Federal Aviation Admin-
istration employee unless such employee actually performed 
work during the time corresponding to such premium pay. 
SEC. 116. None of the funds in this Act may be obli-
gated or expended for an employee of the Federal Aviation
218 
† HR 2112 EAS 
Administration to purchase a store gift card or gift certifi-
cate through use of a Government-issued credit card. 
SEC. 117. The Secretary shall apportion to the sponsor 
of an airport that received scheduled or unscheduled air 
service from a large certified air carrier (as defined in part 
241 of title 14 Code of Federal Regulations, or such other 
regulations as may be issued by the Secretary under the 
authority of section 41709) an amount equal to the min-
imum apportionment specified in 49 U.S.C. 47114(c), if 
the Secretary determines that airport had more than 10,000 
passenger boardings in the preceding calendar year, based 
on data submitted to the Secretary under part 241 of title 
14, Code of Federal Regulations. 
SEC. 118. None of the funds in this Act may be obli-
gated or expended for retention bonuses for an employee of 
the Federal Aviation Administration without the prior 
written approval of the Deputy Assistant Secretary for Ad-
ministration of the Department of Transportation. 
SEC. 119. Subparagraph (D) of section 47124(b)(3) of 
title 49, United States Code, is amended by striking ‘‘ben-
efit.’’ and inserting ‘‘benefit, with the maximum allowable 
local cost share capped at 20 percent.’’. 
SEC. 119A. Notwithstanding any other provision of 
law, none of the funds made available under this Act or 
any prior Act may be used to implement or to continue
219 
† HR 2112 EAS 
to implement any limitation on the ability of any owner 
or operator of a private aircraft to obtain, upon a request 
to the Administrator of the Federal Aviation Administra-
tion, a blocking of that owner’s or operator’s aircraft reg-
istration number from any display of the Federal Aviation 
Administration’s Aircraft Situational Display to Industry 
data that is made available to the public, except data made 
available to a Government agency, for the noncommercial 
flights of that owner or operator. 
SEC. 119B. (a) COMPENSATION FOR FEDERAL EM-
PLOYEES.—Any Federal employees furloughed as a result 
of the lapse in expenditure authority from the Airport and 
Airway Trust Fund after 11:59 p.m. on July 22, 2011, 
through August 5, 2011, may be compensated for the period 
of that lapse at their standard rates of compensation, as 
determined under policies established by the Secretary of 
Transportation. 
(b) RATIFICATION OF ESSENTIAL ACTIONS.—All ac-
tions taken by Federal employees, contractors, and grantees 
for the purposes of maintaining the essential level of Gov-
ernment operations, services, and activities to protect life 
and property and to bring about orderly termination of 
Government functions during the lapse in expenditure au-
thority from the Airport and Airway Trust Fund after 
11:59 p.m. on July 22, 2011, through August 5, 2011, are
220 
† HR 2112 EAS 
hereby ratified and approved, if otherwise in accord with 
the provisions of the Airport and Airway Extension Act of 
2011, part IV (Public Law 112–27). 
(c) TRUST FUND CODE.—Paragraph (1) of section 
9502(d) of the Internal Revenue Code of 1986 (26 U.S.C. 
9502(d)(1)) is amended by inserting ‘‘or the Department 
of Transportation Appropriations Act, 2012’’ before the 
semicolon at the end of subparagraph (A). 
FEDERAL HIGHWAY ADMINISTRATION 
FEDERAL-AID HIGHWAYS 
LIMITATION ON ADMINISTRATIVE EXPENSES 
(HIGHWAY TRUST FUND) 
(INCLUDING TRANSFER OF FUNDS) 
Not to exceed $415,533,000, together with advances 
and reimbursements received by the Federal Highway Ad-
ministration, shall be paid in accordance with law from 
appropriations made available by this Act to the Federal 
Highway Administration for necessary expenses for admin-
istration and operation. In addition, not to exceed 
$3,220,000 shall be paid from appropriations made avail-
able by this Act and transferred to the Appalachian Re-
gional Commission in accordance with section 104 of title 
23, United States Code.
221 
† HR 2112 EAS 
LIMITATION ON OBLIGATIONS 
(HIGHWAY TRUST FUND) 
None of the funds in this Act shall be available for 
the implementation or execution of programs, the obliga-
tions for which are in excess of $41,107,000,000 for Federal- 
aid highways and highway safety construction programs for 
fiscal year 2012: Provided, That within the $41,107,000,000 
obligation limitation on Federal-aid highways and highway 
safety construction programs, not more than $429,800,000 
shall be available for the implementation or execution of 
programs for transportation research (chapter 5 of title 23, 
United States Code; sections 111, 5505, and 5506 of title 
49, United States Code; and title 5 of Public Law 109– 
59) for fiscal year 2012: Provided further, That this limita-
tion on transportation research programs shall not apply 
to any authority previously made available for obligation: 
Provided further, That the Secretary may, as authorized by 
section 605(b) of title 23, United States Code, collect and 
spend fees to cover the costs of services of expert firms, in-
cluding counsel, in the field of municipal and project fi-
nance to assist in the underwriting and servicing of Federal 
credit instruments and all or a portion of the costs to the 
Federal Government of servicing such credit instruments: 
Provided further, That such fees are available until ex-
pended to pay for such costs: Provided further, That such
222 
† HR 2112 EAS 
amounts are in addition to administrative expenses that 
are also available for such purpose, and are not subject to 
any obligation limitation or the limitation on administra-
tive expenses under section 608 of title 23, United States 
Code. 
LIQUIDATION OF CONTRACT AUTHORIZATION 
(HIGHWAY TRUST FUND) 
For carrying out the provisions of title 23, United 
States Code, that are attributable to Federal-aid highways, 
not otherwise provided, including reimbursement for sums 
expended pursuant to the provisions of 23 U.S.C. 308, 
$41,846,000,000 or so much thereof as may be available in 
and derived from the Highway Trust Fund (other than the 
Mass Transit Account), to remain available until expended. 
EMERGENCY RELIEF 
For an additional amount for the Emergency Relief 
Program as authorized under section 125 of title 23, United 
States Code, $1,900,000,000, to remain available until ex-
pended, for expenses resulting from a major disaster des-
ignated pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122(2)): Pro-
vided, That notwithstanding section 125(d)(1) of title 23, 
United States Code, for an event resulting from a disaster 
eligible under section 125 of title 23, United States Code, 
in a State occurring in fiscal years 2011 or 2012, the Sec-
223 
† HR 2112 EAS 
retary of Transportation may obligate under the Emer-
gency Relief Program more than $100,000,000 for eligible 
expenses: Provided further, That notwithstanding section 
120 of title 23, United States Code, for expenses resulting 
from a disaster eligible under section 125 of title 23, United 
States Code, occurring in fiscal years 2011 or 2012, the Sec-
retary shall extend the time period in 120(e) in consider-
ation of any delay in the State’s ability to access damaged 
facilities to evaluate damage and estimate the cost of repair: 
Provided further, That notwithstanding sections 120(a) and 
120(b) of title 23, United States Code, the Federal share 
for permanent repairs resulting from a disaster eligible 
under section 125 of title 23, United States Code, occurring 
in fiscal years 2011 or 2012 may be up to 100 percent at 
the Secretary’s discretion if the eligible expenses incurred 
by a State due to such a disaster exceeds twice the State’s 
annual apportionment under the Federal-aid Highway pro-
gram for the year in which the disaster occurred: Provided 
further, That the amount provided under this heading is 
designated by Congress as being for disaster relief pursuant 
to section 251(b)(2)(D) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99–177), 
as amended.
224 
† HR 2112 EAS 
RESCISSION 
Of unobligated balances of funds made available for 
obligation from the general fund of the Treasury for pro-
grams administered by the Federal Highway Administra-
tion in Public Laws 91–605, 93–87, 93–643, 94–280, 96– 
131, 97–424, 98–8, 98–473, 99–190, 100–17, 100–202, 100– 
457, 101–164, 101–516, 102–143, 102–240, 103–122, 103– 
331, 106–346, 107–87, 108–7 and 108–199, excluding any 
unobligated balance of funds provided for the Appalachian 
Development Highway System, $73,000,000 are perma-
nently rescinded. 
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY 
ADMINISTRATION 
SEC. 120. (a) For fiscal year 2012, the Secretary of 
Transportation shall— 
(1) not distribute from the obligation limitation 
for Federal-aid highways amounts authorized for ad-
ministrative expenses and programs by section 104(a) 
of title 23, United States Code; programs funded from 
the administrative takedown authorized by section 
104(a)(1) of title 23, United States Code (as in effect 
on the date before the date of enactment of the Safe, 
Accountable, Flexible, Efficient Transportation Eq-
uity Act: A Legacy for Users); the highway use tax
225 
† HR 2112 EAS 
evasion program; and the Bureau of Transportation 
Statistics; 
(2) not distribute an amount from the obligation 
limitation for Federal-aid highways that is equal to 
the unobligated balance of amounts made available 
from the Highway Trust Fund (other than the Mass 
Transit Account) for Federal-aid highways and high-
way safety programs for previous fiscal years the 
funds for which are allocated by the Secretary; 
(3) determine the ratio that— 
(A) the obligation limitation for Federal-aid 
highways, less the aggregate of amounts not dis-
tributed under paragraphs (1) and (2), bears to 
(B) the total of the sums authorized to be 
appropriated for Federal-aid highways and high-
way safety construction programs (other than 
sums authorized to be appropriated for provi-
sions of law described in paragraphs (1) through 
(9) of subsection (b) and sums authorized to be 
appropriated for section 105 of title 23, United 
States Code, equal to the amount referred to in 
subsection (b)(10) for such fiscal year), less the 
aggregate of the amounts not distributed under 
paragraphs (1) and (2) of this subsection;
226 
† HR 2112 EAS 
(4)(A) distribute the obligation limitation for 
Federal-aid highways, less the aggregate amounts not 
distributed under paragraphs (1) and (2), for sections 
1301, 1302, and 1934 of the Safe, Accountable, Flexi-
ble, Efficient Transportation Equity Act: A Legacy 
for Users; sections 117 and section 144(g) of title 23, 
United States Code; and section 14501 of title 40, 
United States Code, so that the amount of obligation 
authority available for each of such sections is equal 
to the amount determined by multiplying the ratio 
determined under paragraph (3) by the sums author-
ized to be appropriated for that section for the fiscal 
year; and 
(B) distribute $2,000,000,000 for section 105 of 
title 23, United States Code; 
(5) distribute the obligation limitation provided 
for Federal-aid highways, less the aggregate amounts 
not distributed under paragraphs (1) and (2) and 
amounts distributed under paragraph (4), for each of 
the programs that are allocated by the Secretary 
under the Safe, Accountable, Flexible, Efficient Trans-
portation Equity Act: A Legacy for Users and title 
23, United States Code (other than to programs to 
which paragraphs (1) and (4) apply), by multiplying 
the ratio determined under paragraph (3) by the
227 
† HR 2112 EAS 
amounts authorized to be appropriated for each such 
program for such fiscal year; and 
(6) distribute the obligation limitation provided 
for Federal-aid highways, less the aggregate amounts 
not distributed under paragraphs (1) and (2) and 
amounts distributed under paragraphs (4) and (5), 
for Federal-aid highways and highway safety con-
struction programs (other than the amounts appor-
tioned for the equity bonus program, but only to the 
extent that the amounts apportioned for the equity 
bonus program for the fiscal year are greater than 
$2,639,000,000, and the Appalachian development 
highway system program) that are apportioned by the 
Secretary under the Safe, Accountable, Flexible, Effi-
cient Transportation Equity Act: A Legacy for Users 
and title 23, United States Code, in the ratio that— 
(A) amounts authorized to be appropriated 
for such programs that are apportioned to each 
State for such fiscal year, bear to 
(B) the total of the amounts authorized to 
be appropriated for such programs that are ap-
portioned to all States for such fiscal year. 
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 
The obligation limitation for Federal-aid highways shall 
not apply to obligations:
228 
† HR 2112 EAS 
(1) under section 125 of title 23, United States 
Code; 
(2) under section 147 of the Surface Transpor-
tation Assistance Act of 1978; 
(3) under section 9 of the Federal-Aid Highway 
Act of 1981; 
(4) under subsections (b) and (j) of section 131 
of the Surface Transportation Assistance Act of 1982; 
(5) under subsections (b) and (c) of section 149 
of the Surface Transportation and Uniform Reloca-
tion Assistance Act of 1987; 
(6) under sections 1103 through 1108 of the 
Intermodal Surface Transportation Efficiency Act of 
1991; 
(7) under section 157 of title 23, United States 
Code, as in effect on the day before the date of the en-
actment of the Transportation Equity Act for the 21st 
Century; 
(8) under section 105 of title 23, United States 
Code, as in effect for fiscal years 1998 through 2004, 
but only in an amount equal to $639,000,000 for each 
of those fiscal years; 
(9) for Federal-aid highway programs for which 
obligation authority was made available under the 
Transportation Equity Act for the 21st Century or
229 
† HR 2112 EAS 
subsequent public laws for multiple years or to re-
main available until used, but only to the extent that 
the obligation authority has not lapsed or been used; 
(10) under section 105 of title 23, United States 
Code, but only in an amount equal to $639,000,000 
for each of fiscal years 2005 through 2010; and 
(11) under section 1603 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Leg-
acy for Users, to the extent that funds obligated in ac-
cordance with that section were not subject to a limi-
tation on obligations at the time at which the funds 
were initially made available for obligation. 
(c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (a), the Secretary 
shall, after August 1 of such fiscal year, revise a distribu-
tion of the obligation limitation made available under sub-
section (a) if the amount distributed cannot be obligated 
during that fiscal year, and redistribute sufficient amounts 
to those States able to obligate amounts in addition to those 
previously distributed during that fiscal year, giving pri-
ority to those States having large unobligated balances of 
funds apportioned under sections 104 and 144 of title 23, 
United States Code. 
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION RESEARCH PROGRAMS.—The obligation
230 
† HR 2112 EAS 
limitation shall apply to transportation research programs 
carried out under chapter 5 of title 23, United States Code, 
and title V (research title) of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users, 
except that obligation authority made available for such 
programs under such limitation shall remain available for 
a period of 3 fiscal years and shall be in addition to the 
amount of any limitation imposed on obligations for Fed-
eral-aid highway and highway safety construction pro-
grams for future fiscal years. 
(e) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the distribution of obligation limitation 
under subsection (a), the Secretary shall distribute to 
the States any funds that— 
(A) are authorized to be appropriated for 
such fiscal year for Federal-aid highways pro-
grams; and 
(B) the Secretary determines will not be al-
located to the States, and will not be available 
for obligation, in such fiscal year due to the im-
position of any obligation limitation for such fis-
cal year.
231 
† HR 2112 EAS 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same ratio as the distribution 
of obligation authority under subsection (a)(6). 
(3) AVAILABILITY.—Funds distributed under 
paragraph (1) shall be available for any purposes de-
scribed in section 133(b) of title 23, United States 
Code. 
(f) SPECIAL LIMITATION CHARACTERISTICS.—Obliga-
tion limitation distributed for a fiscal year under sub-
section (a)(4) for the provision specified in subsection (a)(4) 
shall— 
(1) remain available until used for obligation of 
funds for that provision; and 
(2) be in addition to the amount of any limita-
tion imposed on obligations for Federal-aid highway 
and highway safety construction programs for future 
fiscal years. 
(g) LIMITATION
ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed to limit the dis-
tribution of obligation authority under subsection (a)(4)(A) 
for each of the individual projects numbered greater than 
3676 listed in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Eq-
uity Act: A Legacy for Users.
232 
† HR 2112 EAS 
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-
ceived by the Bureau of Transportation Statistics from the 
sale of data products, for necessary expenses incurred pur-
suant to 49 U.S.C. 111 may be credited to the Federal-aid 
Highways account for the purpose of reimbursing the Bu-
reau for such expenses: Provided, That such funds shall be 
subject to the obligation limitation for Federal-aid High-
ways and highway safety construction programs. 
SEC. 122. Not less than 15 days prior to waiving, 
under his statutory authority, any Buy America require-
ment for Federal-aid highway projects, the Secretary of 
Transportation shall make an informal public notice and 
comment opportunity on the intent to issue such waiver and 
the reasons therefor: Provided, That the Secretary shall pro-
vide an annual report to the House and Senate Committees 
on Appropriations on any waivers granted under the Buy 
America requirements. 
SEC. 123. (a) IN GENERAL.—Except as provided in 
subsection (b), none of the funds made available, limited, 
or otherwise affected by this Act shall be used to approve 
or otherwise authorize the imposition of any toll on any 
segment of highway located on the Federal-aid system in 
the State of Texas that— 
(1) as of the date of enactment of this Act, is not 
tolled;
233 
† HR 2112 EAS 
(2) is constructed with Federal assistance pro-
vided under title 23, United States Code; and 
(3) is in actual operation as of the date of enact-
ment of this Act. 
(b) EXCEPTIONS.— 
(1) NUMBER OF TOLL LANES.—Subsection (a) 
shall not apply to any segment of highway on the 
Federal-aid system described in that subsection that, 
as of the date on which a toll is imposed on the seg-
ment, will have the same number of nontoll lanes as 
were in existence prior to that date. 
(2) HIGH-OCCUPANCY VEHICLE LANES.—A high- 
occupancy vehicle lane that is converted to a toll lane 
shall not be subject to this section, and shall not be 
considered to be a nontoll lane for purposes of deter-
mining whether a highway will have fewer nontoll 
lanes than prior to the date of imposition of the toll, 
if— 
(A) high-occupancy vehicles occupied by the 
number of passengers specified by the entity op-
erating the toll lane may use the toll lane with-
out paying a toll, unless otherwise specified by 
the appropriate county, town, municipal or 
other local government entity, or public toll road 
or transit authority; or
234 
† HR 2112 EAS 
(B) each high-occupancy vehicle lane that 
was converted to a toll lane was constructed as 
a temporary lane to be replaced by a toll lane 
under a plan approved by the appropriate coun-
ty, town, municipal or other local government 
entity, or public toll road or transit authority. 
SEC. 124. Of the funds made available in fiscal year 
2012 for the Surface Transportation Research, Develop-
ment, and Deployment Program, the Secretary of Transpor-
tation shall transfer $5,000,000 to the Bureau of Transpor-
tation Statistics to carry out section 111 of title 49, United 
States Code: Provided, That an equivalent amount of fiscal 
year 2012 obligation limitation associated with the funds 
to be transferred shall also be transferred. 
SEC. 125. Section 127(a)(11) of title 23, United States 
Code, is amended to read as follows: 
‘‘(11)(A) With respect to all portions of the 
Interstate Highway System in the State of Maine, 
laws (including regulations) of that State concerning 
vehicle weight limitations applicable to other State 
highways shall be applicable in lieu of the require-
ments under this subsection. 
‘‘(B) With respect to all portions of the Interstate 
Highway System in the State of Vermont, laws (in-
cluding regulations) of that State concerning vehicle
235 
† HR 2112 EAS 
weight limitations applicable to other State highways 
shall be applicable in lieu of the requirements under 
this subsection.’’. 
SEC. 126. Section 112 of the Surface and Air Trans-
portation Programs Extension Act of 2011 is amended by 
striking ‘‘$196,427,625’’ and inserting ‘‘an amount equal 
to one-half the sum authorized for such purpose for fiscal 
year 2011 by section 412(a)(2) of the Surface Transpor-
tation Extension Act of 2010’’. 
SEC. 127. Any road, highway, or bridge that is in op-
eration for less than 30 years or under construction, dam-
aged by an emergency declared by the Governor of the State 
and concurred in by the Secretary, or declared by the Presi-
dent pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121), may be recon-
structed in the same location with the same capacity, di-
mensions, and design as before the emergency and shall be 
exempt from any environmental reviews, approvals, licens-
ing, and permit requirements under— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(2) sections 402 and 404 of the Federal Water 
Pollution Control Act (33 U.S.C. 1342, 1344); 
(3) the National Historic Preservation Act (16 
U.S.C. 470 et seq.);
236 
† HR 2112 EAS 
(4) the Migratory Bird Treaty Act (16 U.S.C. 
703 et seq.); 
(5) the Wild and Scenic Rivers Act (16 U.S.C. 
1271 et seq.); 
(6) the Fish and Wildlife Coordination Act (16 
U.S.C. 661 et seq.); 
(7) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.), except when the reconstruction 
occurs in designated critical habitat for threatened 
and endangered species; 
(8) Executive Order 11990 (42 U.S.C. 4321 note; 
relating to the protection of wetlands); and 
(9) any Federal law (including regulations) re-
quiring no net loss of wetlands. 
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in the implemen-
tation, execution and administration of motor carrier safe-
ty operations and programs pursuant to section 31104(i) 
of title 49, United States Code, and sections 4127 and 4134 
of Public Law 109–59, $250,023,000, to be derived from the 
Highway Trust Fund (other than the Mass Transit Ac-
237 
† HR 2112 EAS 
count), together with advances and reimbursements received 
by the Federal Motor Carrier Safety Administration, the 
sum of which shall remain available until expended: Pro-
vided, That none of the funds derived from the Highway 
Trust Fund in this Act shall be available for the implemen-
tation, execution or administration of programs, the obliga-
tions for which are in excess of $250,023,000, for ‘‘Motor 
Carrier Safety Operations and Programs’’ of which 
$8,543,000, to remain available for obligation until Sep-
tember 30, 2014, is for the research and technology program 
and $1,000,000 shall be available for commercial motor ve-
hicle operator’s grants to carry out section 4134 of Public 
Law 109–59: Provided further, That notwithstanding any 
other provision of law, none of the funds under this heading 
for outreach and education shall be available for transfer: 
Provided further, That the Federal Motor Carrier Safety 
Administration shall transmit to Congress a report on 
March 30, 2012, and September 30, 2012, on the agency’s 
ability to meet its requirement to conduct compliance re-
views on high-risk carriers.
238 
† HR 2112 EAS 
MOTOR CARRIER SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
(INCLUDING RESCISSION) 
For payment of obligations incurred in carrying out 
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 
31313 of title 49, United States Code, and sections 4126 
and 4128 of Public Law 109–59, $307,000,000, to be de-
rived from the Highway Trust Fund (other than the Mass 
Transit Account) and to remain available until expended: 
Provided, That none of the funds in this Act shall be avail-
able for the implementation or execution of programs, the 
obligations for which are in excess of $307,000,000, for 
‘‘Motor Carrier Safety Grants’’; of which $212,000,000 shall 
be available for the motor carrier safety assistance program 
to carry out sections 31102 and 31104(a) of title 49, United 
States Code; $30,000,000 shall be available for the commer-
cial driver’s license improvements program to carry out sec-
tion 31313 of title 49, United States Code; $32,000,000 shall 
be available for the border enforcement grants program to 
carry out section 31107 of title 49, United States Code; 
$5,000,000 shall be available for the performance and reg-
istration information system management program to 
carry out sections 31106(b) and 31109 of title 49, United
239 
† HR 2112 EAS 
States Code; $25,000,000 shall be available for the commer-
cial vehicle information systems and networks deployment 
program to carry out section 4126 of Public Law 109–59; 
and $3,000,000 shall be available for the safety data im-
provement program to carry out section 4128 of Public Law 
109–59: Provided further, That of the funds made available 
for 
the 
motor 
carrier 
safety 
assistance 
program, 
$32,000,000 shall be available for audits of new entrant 
motor carriers: Provided further, That of the prior year un-
obligated balances for the commercial vehicle information 
systems and networks deployment program, $1,000,000 is 
permanently rescinded. 
ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER 
SAFETY ADMINISTRATION 
SEC. 130. Funds appropriated or limited in this Act 
shall be subject to the terms and conditions stipulated in 
section 350 of Public Law 107–87 and section 6901 of Pub-
lic Law 110–28, including that the Secretary submit a re-
port to the House and Senate Appropriations Committees 
annually on the safety and security of transportation into 
the United States by Mexico-domiciled motor carriers. 
SEC. 131. Notwithstanding any other provision of law, 
States receiving funds for core or expanded deployment ac-
tivities under the Commercial Vehicle Information Systems 
and Networks program pursuant to sections 4101(c)(4) and
240 
† HR 2112 EAS 
4126 of Public Law 109–59 that did not meet award eligi-
bility requirements set forth in section 4126; received grant 
amounts in excess of the maximum amounts specified in 
sections 4126(c)(2) or 4126(d)(3); or were awarded grants 
either prior to or after the expiration of the period of per-
formance specified in a grant agreement, shall not be re-
quired to repay grant amounts received in error under such 
sections and, in addition, shall be reimbursed for core or 
expanded deployment expenditures such States made before 
the date of the enactment of this Act in reliance on a grant 
awarded in error under such sections. 
SEC. 132. (a) No recipient of funds made available in 
this Act shall disseminate personal information (as defined 
in 18 U.S.C. 2725(3)) obtained by a State department of 
motor vehicles in connection with a motor vehicle record 
as defined in 18 U.S.C. 2725(1), except as provided in 18 
U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. 
(b) Notwithstanding subsection (a), the Secretary shall 
not withhold funds provided in this Act for any grantee 
if a State is in noncompliance with this provision. 
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
OPERATIONS AND RESEARCH 
For expenses necessary to discharge the functions of the 
Secretary, with respect to traffic and highway safety under 
subtitle C of title X of Public Law 109–59 and chapter 301
241 
† HR 2112 EAS 
and part C of subtitle VI of title 49, United States Code, 
$140,146,000, of which $20,000,000 shall remain available 
through September 30, 2013. 
OPERATIONS AND RESEARCH 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 23 U.S.C. 403, and chapter 303 of title 
49, United States Code, $109,500,000, to be derived from 
the Highway Trust Fund (other than the Mass Transit Ac-
count) and to remain available until expended: Provided, 
That none of the funds in this Act shall be available for 
the planning or execution of programs the total obligations 
for which, in fiscal year 2012, are in excess of $109,500,000 
for programs authorized under 23 U.S.C. 403 and chapter 
303 of title 49, United States Code: Provided further, That 
within the $109,500,000 obligation limitation for oper-
ations and research, $20,000,000 shall remain available 
until September 30, 2013 and shall be in addition to the 
amount of any limitation imposed on obligations for future 
years.
242 
† HR 2112 EAS 
HIGHWAY TRAFFIC SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 
and sections 2001(a)(11), 2009, 2010, and 2011 of Public 
Law 109–59, to remain available until expended, 
$550,328,000 to be derived from the Highway Trust Fund 
(other than the Mass Transit Account): Provided, That none 
of the funds in this Act shall be available for the planning 
or execution of programs the total obligations for which, in 
fiscal year 2012, are in excess of $550,328,000 for programs 
authorized under 23 U.S.C. 402, 405, 406, 408, and 410 
and sections 2001(a)(11), 2009, 2010, and 2011 of Public 
Law 109–59, of which $235,000,000 shall be for ‘‘Highway 
Safety Programs’’ under 23 U.S.C. 402; $25,000,000 shall 
be for ‘‘Occupant Protection Incentive Grants’’ under 23 
U.S.C. 405; $48,500,000 shall be for ‘‘Safety Belt Perform-
ance Grants’’ under 23 U.S.C. 406, and such obligation 
limitation shall remain available until September 30, 2013 
in accordance with subsection (f) of such section 406 and 
shall be in addition to the amount of any limitation im-
posed on obligations for such grants for future fiscal years, 
of which up to $10,000,000 may be made available by the
243 
† HR 2112 EAS 
Secretary as grants to States that enact and enforce laws 
to prevent distracted driving; $34,500,000 shall be for 
‘‘State Traffic Safety Information System Improvements’’ 
under 23 U.S.C. 408; $139,000,000 shall be for ‘‘Alcohol- 
Impaired Driving Countermeasures Incentive Grant Pro-
gram’’ under 23 U.S.C. 410; $25,328,000 shall be for ‘‘Ad-
ministrative Expenses’’ under section 2001(a)(11) of Public 
Law 109–59; $29,000,000 shall be for ‘‘High Visibility En-
forcement Program’’ under section 2009 of Public Law 109– 
59; $7,000,000 shall be for ‘‘Motorcyclist Safety’’ under sec-
tion 2010 of Public Law 109–59; and $7,000,000 shall be 
for ‘‘Child Safety and Child Booster Seat Safety Incentive 
Grants’’ under section 2011 of Public Law 109–59: Pro-
vided further, That of the funds made available for grants 
to States that enact and enforce laws to prevent distracted 
driving, up to $5,000,000 may be available for the develop-
ment, production, and use of broadcast and print media 
advertising for distracted driving prevention: Provided fur-
ther, That none of these funds shall be used for construction, 
rehabilitation, or remodeling costs, or for office furnishings 
and fixtures for State, local or private buildings or struc-
tures: Provided further, That not to exceed $500,000 of the 
funds made available for section 410 ‘‘Alcohol-Impaired 
Driving Countermeasures Grants’’ shall be available for 
technical assistance to the States: Provided further, That
244 
† HR 2112 EAS 
not to exceed $750,000 of the funds made available for the 
‘‘High Visibility Enforcement Program’’ shall be available 
for the evaluation required under section 2009(f) of Public 
Law 109–59: Provided further, That of the amounts made 
available under this heading for ‘‘Safety Belt Performance 
Grants’’, $25,000,000 shall be available until expended for 
the modernization of the National Automotive Sampling 
System (NASS), and $5,000,000 shall be available for the 
development of the Driver Alcohol Detection System for 
Safety (DADSS), and $8,500,000 shall be available for 
‘‘State Traffic Safety Information System Improvements’’ 
under 23 U.S.C. 408. 
ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY 
TRAFFIC SAFETY ADMINISTRATION 
SEC. 140. Notwithstanding any other provision of law 
or limitation on the use of funds made available under sec-
tion 403 of title 23, United States Code, an additional 
$130,000 shall be made available to the National Highway 
Traffic Safety Administration, out of the amount limited 
for section 402 of title 23, United States Code, to pay for 
travel and related expenses for State management reviews 
and to pay for core competency development training and 
related expenses for highway safety staff. 
SEC. 141. The limitations on obligations for the pro-
grams of the National Highway Traffic Safety Administra-
245 
† HR 2112 EAS 
tion set in this Act shall not apply to obligations for which 
obligation authority was made available in previous public 
laws for multiple years but only to the extent that the obli-
gation authority has not lapsed or been used. 
SEC. 142. None of the funds in this Act shall be used 
to implement section 404 of title 23, United States Code. 
FEDERAL RAILROAD ADMINISTRATION 
SAFETY AND OPERATIONS 
For necessary expenses of the Federal Railroad Admin-
istration, not otherwise provided for, $176,596,000, of which 
$12,300,000 shall remain available until expended. 
RAILROAD RESEARCH AND DEVELOPMENT 
For necessary expenses for railroad research and devel-
opment, $30,000,000, to remain available until expended. 
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING 
PROGRAM 
The Secretary of Transportation is authorized to issue 
to the Secretary of the Treasury notes or other obligations 
pursuant to section 512 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (Public Law 94–210), as 
amended, in such amounts and at such times as may be 
necessary to pay any amounts required pursuant to the 
guarantee of the principal amount of obligations under sec-
tions 511 through 513 of such Act, such authority to exist 
as long as any such guaranteed obligation is outstanding:
246 
† HR 2112 EAS 
Provided, That pursuant to section 502 of such Act, as 
amended, no new direct loans or loan guarantee commit-
ments shall be made using Federal funds for the credit risk 
premium during fiscal year 2012. 
OPERATING SUBSIDY GRANTS TO THE NATIONAL RAILROAD 
PASSENGER CORPORATION 
To enable the Secretary of Transportation to make 
quarterly grants to the National Railroad Passenger Cor-
poration for the operation of intercity passenger rail, as 
authorized by section 101 of the Passenger Rail Investment 
and Improvement Act of 2008 (division B of Public Law 
110–432), $544,000,000, to remain available until ex-
pended: Provided, That the amounts available under this 
paragraph shall be available for the Secretary to approve 
funding to cover operating losses for the Corporation only 
after receiving and reviewing a grant request for each spe-
cific train route: Provided further, That each such grant 
request shall be accompanied by a detailed financial anal-
ysis, revenue projection, and capital expenditure projection 
justifying the Federal support to the Secretary’s satisfac-
tion: Provided further, That not later than 60 days after 
enactment of this Act, the Corporation shall transmit, in 
electronic format, to the Secretary, the House and Senate 
Committees on Appropriations, the House Committee on 
Transportation and Infrastructure and the Senate Com-
247 
† HR 2112 EAS 
mittee on Commerce, Science, and Transportation the an-
nual budget and business plan and the 5-Year Financial 
Plan for fiscal year 2012 required under section 204 of the 
Passenger Rail Investment and Improvement Act of 2008: 
Provided further, That the budget, business plan, and the 
5-Year Financial Plan shall also include a separate ac-
counting of ridership, revenues, and capital and operating 
expenses for the Northeast Corridor; commuter service; long- 
distance Amtrak service; State-supported service; each 
intercity train route, including Autotrain; and commercial 
activities including contract operations: Provided further, 
That the budget, business plan and the 5-Year Financial 
Plan shall include a description of work to be funded, along 
with cost estimates and an estimated timetable for comple-
tion of the projects covered by these plans: Provided further, 
That the budget, business plan and the 5-Year Financial 
Plan shall include annual information on the maintenance, 
refurbishment, replacement, and expansion for all Amtrak 
rolling stock consistent with the comprehensive fleet plan: 
Provided further, That the Corporation shall provide semi-
annual reports in electronic format regarding the pending 
business plan, which shall describe the work completed to 
date, any changes to the business plan, and the reasons for 
such changes, and shall identify all sole-source contract 
awards which shall be accompanied by a justification as
248 
† HR 2112 EAS 
to why said contract was awarded on a sole-source basis: 
Provided further, That the Corporation’s budget, business 
plan, 5-Year Financial Plan, semiannual reports, and all 
subsequent supplemental plans shall be displayed on the 
Corporation’s Web site within a reasonable timeframe fol-
lowing their submission to the appropriate entities: Pro-
vided further, That none of the funds under this heading 
may be obligated or expended until the Corporation agrees 
to continue abiding by the provisions of paragraphs 1, 2, 
5, 9, and 11 of the summary of conditions for the direct 
loan agreement of June 28, 2002, in the same manner as 
in effect on the date of enactment of this Act: Provided fur-
ther, That the Corporation shall submit to the House and 
Senate Committees on Appropriations a budget request for 
fiscal year 2013 in similar format and substance to those 
submitted by executive agencies of the Federal Government. 
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL 
RAILROAD PASSENGER CORPORATION 
To enable the Secretary of Transportation to make 
grants to the National Railroad Passenger Corporation for 
capital investments as authorized by section 101(c) and 
219(b) of the Passenger Rail Investment and Improvement 
Act of 2008 (division B of Public Law 110–432), 
$936,778,000, to remain available until expended, of which 
not to exceed $271,000,000 shall be for debt service obliga-
249 
† HR 2112 EAS 
tions as authorized by section 102 of such Act: Provided, 
That after an initial distribution of up to $200,000,000, 
which shall be used by the Corporation as a working capital 
account, all remaining funds shall be provided to the Cor-
poration only on a reimbursable basis: Provided further, 
That the Secretary may retain up to one-fourth of 1 percent 
of the funds provided under this heading to fund the costs 
of project management oversight of capital projects funded 
by grants provided under this heading, as authorized by 
subsection 101(d) of division B of Public Law 110–432: 
Provided further, That the Secretary shall approve funding 
for capital expenditures, including advance purchase orders 
of materials, for the Corporation only after receiving and 
reviewing a grant request for each specific capital project 
justifying the Federal support to the Secretary’s satisfac-
tion: Provided further, That none of the funds under this 
heading may be used to subsidize operating losses of the 
Corporation: Provided further, That none of the funds 
under this heading may be used for capital projects not ap-
proved by the Secretary of Transportation or on the Cor-
poration’s fiscal year 2012 business plan. 
CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS 
AND INTERCITY PASSENGER RAIL SERVICE 
To enable the Secretary of Transportation to make 
grants for high-speed rail projects as authorized under sec-
250 
† HR 2112 EAS 
tion 26106 of title 49, United States Code, capital invest-
ment grants to support intercity passenger rail service as 
authorized under section 24406 of title 49, United States 
Code, and congestion grants as authorized under section 
24105 of title 49, United States Code, and to enter into 
cooperative agreements for these purposes as authorized, 
$100,000,000, to remain available until expended: Pro-
vided, That the Administrator of the Federal Railroad Ad-
ministration may retain up to 2 percent of the funds pro-
vided under this heading to fund the award and oversight 
by the Administrator of grants and cooperative agreements 
for intercity and high-speed rail: Provided further, That 
funds provided under this paragraph are available to the 
Administrator for the purposes of conducting research and 
demonstrating technologies supporting the development of 
high-speed rail in the United States, including the dem-
onstration of next-generation rolling stock fleet technology 
and the implementation of the Rail Cooperative Research 
Program authorized by section 24910 of title 49, United 
States Code: Provided further, That funds provided under 
this paragraph may be used for planning activities that 
lead directly to the development of a passenger rail corridor 
investment plan consistent with the requirements estab-
lished by the Administrator or a State rail plan consistent 
with chapter 227 of title 49, United States Code: Provided
251 
† HR 2112 EAS 
further, That funds made available for planning activities 
under the previous proviso may be used to facilitate the 
preparation of a service development plan and related envi-
ronmental impact statement for high-speed corridors located 
in multiple States: Provided further, That the Federal share 
payable of the costs for which a grant or cooperative agree-
ments is made under this heading shall not exceed 80 per-
cent: Provided further, That in addition to the provisions 
of title 49, United States Code, that apply to each of the 
individual programs funded under this heading, subsections 
24402(a)(2), 24402(f), 24402(i), and 24403(a) and (c) of 
title 49, United States Code, shall also apply to the provi-
sion of funds provided under this heading: Provided further, 
That a project need not be in a State rail plan developed 
under chapter 227 of title 49, United States Code, to be 
eligible for assistance under this heading: Provided further, 
That recipients of grants under this paragraph shall con-
duct all procurement transactions using such grant funds 
in a manner that provides full and open competition, as 
determined by the Secretary, in compliance with existing 
labor agreements. 
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD 
ADMINISTRATION 
SEC. 150. Hereafter, notwithstanding any other provi-
sion of law, funds provided in this Act for the National
252 
† HR 2112 EAS 
Railroad Passenger Corporation shall immediately cease to 
be available to said Corporation in the event that the Cor-
poration contracts to have services provided at or from any 
location outside the United States. For purposes of this sec-
tion, the word ‘‘services’’ shall mean any service that was, 
as of July 1, 2006, performed by a full-time or part-time 
Amtrak employee whose base of employment is located with-
in the United States. 
SEC. 151. The Secretary of Transportation may re-
ceive and expend cash, or receive and utilize spare parts 
and similar items, from non-United States Government 
sources to repair damages to or replace United States Gov-
ernment owned automated track inspection cars and equip-
ment as a result of third-party liability for such damages, 
and any amounts collected under this section shall be cred-
ited directly to the Railroad Safety and Operations account 
of the Federal Railroad Administration, and shall remain 
available until expended for the repair, operation and 
maintenance of automated track inspection cars and equip-
ment in connection with the automated track inspection 
program. 
SEC. 152. Notwithstanding any other provisions of 
law, rule or regulation, the Secretary of Transportation is 
authorized to allow the issuer of any preferred stock here-
tofore sold to the Department to redeem or repurchase such
253 
† HR 2112 EAS 
stock upon the payment to the Department of an amount 
determined by the Secretary. 
FEDERAL TRANSIT ADMINISTRATION 
ADMINISTRATIVE EXPENSES 
For necessary administrative expenses of the Federal 
Transit Administration’s programs authorized by chapter 
53 of title 49, United States Code, $98,713,000: Provided, 
That none of the funds provided or limited in this Act may 
be used to create a permanent office of transit security 
under this heading: Provided further, That upon submission 
to the Congress of the fiscal year 2013 President’s budget, 
the Secretary of Transportation shall transmit to Congress 
the annual report on New Starts, including proposed allo-
cations of funds for fiscal year 2013. 
FORMULA AND BUS GRANTS 
(LIQUIDATION OF CONTRACT AUTHORITY) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 
5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 
3038 of Public Law 105–178, as amended, $9,400,000,000 
to be derived from the Mass Transit Account of the High-
way Trust Fund and to remain available until expended: 
Provided, That funds available for the implementation or
254 
† HR 2112 EAS 
execution of programs authorized under 49 U.S.C. 5305, 
5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 
5339, and 5340 and section 3038 of Public Law 105–178, 
as amended, shall not exceed total obligations of 
$8,360,565,000 in fiscal year 2012. 
RESEARCH AND UNIVERSITY RESEARCH CENTERS 
For necessary expenses to carry out 49 U.S.C. 5306, 
5312–5315, 5322, and 5506, $40,000,000, to remain avail-
able until expended: Provided, That $9,000,000 is available 
to carry out the transit cooperative research program under 
section 5313 of title 49, United States Code, $4,100,000 is 
available for the National Transit Institute under section 
5315 of title 49, United States Code, and $6,500,000 is 
available for university transportation centers program 
under section 5506 of title 49, United States Code: Provided 
further, That $25,400,000 is available to carry out national 
research programs under sections 5312, 5313, 5314, and 
5322 of title 49, United States Code. 
CAPITAL INVESTMENT GRANTS 
(INCLUDING RESCISSION AND TRANSFER OF FUNDS) 
For necessary expenses to carry out section 5309 of 
title 49, United States Code, $1,955,000,000, to remain 
available until expended, of which $38,000,000 shall be 
available to carry out section 5309(e) of such title: Pro-
vided, That not less than $510,000,000 shall be available
255 
† HR 2112 EAS 
for preliminary engineering, final design, and construction 
of projects expected to receive a Full Funding Grant Agree-
ments during calendar year 2012: Provided further, That 
the funds awarded for preliminary engineering and final 
design under such a grant shall be made available to cover 
those costs immediately upon grant award: Provided fur-
ther, That of the funds appropriated under this heading in 
Public Law 111–8, $27,000,000 are hereby rescinded. 
GRANTS FOR ENERGY EFFICIENCY AND GREENHOUSE GAS 
REDUCTIONS 
For grants to public transit agencies for capital invest-
ments that will reduce the energy consumption or green-
house gas emissions of their public transportation systems, 
$25,000,000, to remain available through September 30, 
2014: Provided, That priority shall be given to projects that 
use innovative and potentially replicable approaches to re-
ducing energy consumption or greenhouse gas emissions. 
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY 
For grants to the Washington Metropolitan Area Tran-
sit Authority as authorized under section 601 of division 
B of Public Law 110–432, $150,000,000, to remain avail-
able until expended: Provided, That the Secretary shall ap-
prove grants for capital and preventive maintenance ex-
penditures for the Washington Metropolitan Area Transit 
Authority only after receiving and reviewing a request for
256 
† HR 2112 EAS 
each specific project: Provided further, That prior to ap-
proving such grants, the Secretary shall determine that the 
Washington Metropolitan Area Transit Authority has 
placed the highest priority on those investments that will 
improve the safety of the system. 
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT 
ADMINISTRATION 
SEC. 160. The limitations on obligations for the pro-
grams of the Federal Transit Administration shall not 
apply to any authority under 49 U.S.C. 5338, previously 
made available for obligation, or to any other authority pre-
viously made available for obligation. 
SEC. 161. Notwithstanding any other provision of law, 
funds appropriated or limited by this Act under the Federal 
Transit Administration’s discretionary program appro-
priations headings for projects specified in this Act or iden-
tified in reports accompanying this Act not obligated by 
September 30, 2014, and other recoveries, shall be directed 
to projects eligible to use the funds for the purposes for 
which they were originally provided. 
SEC. 162. Notwithstanding any other provision of law, 
any funds appropriated before October 1, 2011, under any 
section of chapter 53 of title 49, United States Code, that 
remain available for expenditure, may be transferred to and
257 
† HR 2112 EAS 
administered under the most recent appropriation heading 
for any such section. 
SEC. 163. Notwithstanding any other provision of law, 
unobligated funds made available for new fixed guideway 
system projects under the heading ‘‘Federal Transit Admin-
istration, Capital Investment Grants’’ in any appropria-
tions Act prior to this Act may be used during this fiscal 
year to satisfy expenses incurred for such projects. 
SEC. 164. In addition to the amounts made available 
under section 5327(c)(1) of title 49, United States Code, the 
Secretary may use, for program management activities de-
scribed in section 5327(c)(2), 1 percent of the amount made 
available to carry out section 5316 of title 49, United States 
Code: Provided, That funds made available for program 
management oversight shall be used to oversee the compli-
ance of a recipient or subrecipient of Federal transit assist-
ance consistent with activities identified under section 
5327(c)(2) and for purposes of enforcement. 
SEC. 165. (a) Notwithstanding any other provision of 
law, unobligated funds or recoveries under section 5309 of 
title 49, United States Code, that are available to the Sec-
retary of Transportation for reallocation shall be directed 
to projects eligible to use the funds for the purposes for 
which they were originally provided.
258 
† HR 2112 EAS 
SEC. 166. Funds made available for Alaska or Hawaii 
ferry boats or ferry terminal facilities pursuant to 49 
U.S.C. 5309(m)(6)(B) may be used to construct new vessels 
and facilities, or to improve existing vessels and facilities, 
including both the passenger and vehicle-related elements of 
such vessels and facilities, and for repair facilities. 
SEC. 167. Hereafter, the Secretary may not enforce 
regulations related to charter bus service under part 604 
of title 49, Code of Federal Regulations, for any transit 
agency who during fiscal year 2008 was both initially 
granted a 60-day period to come into compliance with part 
604, and then was subsequently granted an exception from 
said part. 
SEC. 168. Hereafter, for purposes of applying the 
project justification and local financial commitment cri-
teria of 49 U.S.C. 5309(d) to a New Starts project, the Sec-
retary may consider the costs and ridership of any con-
nected project in an instance in which private parties are 
making significant financial contributions to the construc-
tion of the connected project; additionally, the Secretary 
may consider the significant financial contributions of pri-
vate parties to the connected project in calculating the non- 
Federal share of net capital project costs for the New Starts 
project.
259 
† HR 2112 EAS 
SEC. 169. Hereafter, all bus new fixed guideway cap-
ital projects recommended in the President’s fiscal year 
2012 budget request for funds appropriated under the Cap-
ital Investment Grants heading in this Act or any other 
Act shall be funded instead from amounts allocated under 
49 U.S.C. 5309(m)(2)(C): Provided, That all such projects 
shall remain subject to the appropriate requirements of 49 
U.S.C. 5309(d) and (e). 
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION 
The Saint Lawrence Seaway Development Corpora-
tion is hereby authorized to make such expenditures, within 
the limits of funds and borrowing authority available to 
the Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government 
Corporation Control Act, as amended, as may be necessary 
in carrying out the programs set forth in the Corporation’s 
budget for the current fiscal year. 
OPERATIONS AND MAINTENANCE 
(HARBOR MAINTENANCE TRUST FUND) 
For necessary expenses for operations, maintenance, 
and capital asset renewal of those portions of the St. Law-
rence Seaway owned, operated, and maintained by the 
Saint 
Lawrence 
Seaway 
Development 
Corporation,
260 
† HR 2112 EAS 
$34,000,000, to be derived from the Harbor Maintenance 
Trust Fund, pursuant to Public Law 99–662. 
MARITIME ADMINISTRATION 
MARITIME SECURITY PROGRAM 
For necessary expenses to maintain and preserve a 
U.S.-flag merchant fleet to serve the national security needs 
of the United States, $174,000,000, to remain available 
until expended. 
OPERATIONS AND TRAINING 
(INCLUDING RESCISSION) 
For necessary expenses of operations and training ac-
tivities authorized by law, $154,886,000, of which 
$11,100,000 shall remain available until expended for 
maintenance and repair of training ships at State Mari-
time Academies, and of which $2,400,000 shall remain 
available through September 30, 2013 for Student Incentive 
Program payments at State Maritime Academies, and of 
which $22,485,000 shall remain available until expended 
for facilities maintenance and repair, equipment, and cap-
ital improvements at the United State Merchant Marine 
Academy: Provided, That amounts apportioned for the 
United States Merchant Marine Academy shall be available 
only upon allotments made personally by the Secretary of 
Transportation or the Assistant Secretary for Budget and 
Programs: Provided further, That the Superintendent, Dep-
261 
† HR 2112 EAS 
uty Superintendent and the Director of the Office of Re-
source Management of the United State Merchant Marine 
Academy may not be allotment holders for the United States 
Merchant Marine Academy, and the Administrator of the 
Maritime Administration shall hold all allotments made by 
the Secretary of Transportation or the Assistant Secretary 
for Budget and Programs under the previous proviso: Pro-
vided further, That 50 percent of the funding made avail-
able for the United States Merchant Marine Academy under 
this heading shall be available only after the Secretary, in 
consultation with the Superintendent and the Maritime Ad-
ministrator, completes a plan detailing by program or ac-
tivity how such funding will be expended at the Academy, 
and this plan is submitted to the House and Senate Com-
mittees on Appropriations: Provided further, That of the 
prior year unobligated balances under this heading for in-
formation technology requirements of Public Law 111–207, 
$1,000,000 are permanently rescinded. 
SHIP DISPOSAL 
For necessary expenses related to the disposal of obso-
lete vessels in the National Defense Reserve Fleet of the Mar-
itime Administration, $10,000,000, to remain available 
until expended.
262 
† HR 2112 EAS 
ASSISTANCE TO SMALL SHIPYARDS 
To make grants to qualified shipyards as authorized 
under section 3508 of Public Law 110–417 or section 54101 
of title 46, United States Code, $10,000,000, to remain 
available until expended: Provided, That to be considered 
for assistance, a qualified shipyard shall submit an appli-
cation for assistance no later than 60 days after enactment 
of this Act: Provided further, That from applications sub-
mitted under the previous proviso, the Secretary of Trans-
portation shall make grants no later than 120 days after 
enactment of this Act in such amounts as the Secretary de-
termines. 
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM 
ACCOUNT 
(INCLUDING RESCISSION AND TRANSFER OF FUNDS) 
For the necessary administrative expenses of the mari-
time guaranteed loan program, $4,000,000 shall be paid to 
the appropriation for ‘‘Operations and Training’’, Mari-
time Administration: Provided, That of the unobligated bal-
ance of funds made available for obligation under Public 
Law 110–329 and Public Law 111–118, $35,000,000 are 
permanently rescinded. 
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION 
SEC. 170. Notwithstanding any other provision of this 
Act, the Maritime Administration is authorized to furnish
263 
† HR 2112 EAS 
utilities and services and make necessary repairs in connec-
tion with any lease, contract, or occupancy involving Gov-
ernment property under control of the Maritime Adminis-
tration, and payments received therefor shall be credited to 
the appropriation charged with the cost thereof: Provided, 
That rental payments under any such lease, contract, or 
occupancy for items other than such utilities, services, or 
repairs shall be covered into the Treasury as miscellaneous 
receipts. 
SEC. 171. Notwithstanding any other provision of law, 
none of the funds provided in this or any other Act shall 
hereafter be used to make a determination of the nonavail-
ability of qualified United States flag capacity for purposes 
of 46 U.S.C. 501(b) for the transportation of crude oil dis-
tributed from the Strategic Petroleum Reserve unless as 
part of that determination the Secretary of Transportation, 
after consultation with representatives from the United 
States flag maritime industry, provides to the Secretary of 
Homeland Security a list of United States flag vessels with 
single or collective capacity that may be capable of pro-
viding the requested transportation services and a written 
justification for not using such United States flag vessels.
264 
† HR 2112 EAS 
PIPELINE AND HAZARDOUS MATERIALS SAFETY 
ADMINISTRATION 
OPERATIONAL EXPENSES 
(PIPELINE SAFETY FUND) 
(INCLUDING TRANSFER OF FUNDS) 
For necessary operational expenses of the Pipeline and 
Hazardous Materials Safety Administration, $22,158,000, 
of which $639,000 shall be derived from the Pipeline Safety 
Fund: Provided, That $1,000,000 shall be transferred to 
‘‘Pipeline Safety’’ in order to fund ‘‘Pipeline Safety Infor-
mation Grants to Communities’’ as authorized under sec-
tion 60130 of title 49, United States Code. 
HAZARDOUS MATERIALS SAFETY 
For expenses necessary to discharge the hazardous ma-
terials safety functions of the Pipeline and Hazardous Ma-
terials Safety Administration, $39,020,000, of which 
$1,716,000 shall remain available until September 30, 
2014: Provided, That up to $800,000 in fees collected under 
49 U.S.C. 5108(g) shall be deposited in the general fund 
of the Treasury as offsetting receipts: Provided further, That 
there may be credited to this appropriation, to be available 
until expended, funds received from States, counties, mu-
nicipalities, other public authorities, and private sources 
for expenses incurred for training, for reports publication
265 
† HR 2112 EAS 
and dissemination, and for travel incurred in performance 
of hazardous materials exemptions and approvals functions. 
PIPELINE SAFETY 
(PIPELINE SAFETY FUND) 
(OIL SPILL LIABILITY TRUST FUND) 
For expenses necessary to conduct the functions of the 
pipeline safety program, for grants-in-aid to carry out a 
pipeline safety program, as authorized by 49 U.S.C. 60107, 
and to discharge the pipeline program responsibilities of 
the Oil Pollution Act of 1990, $118,364,000, of which 
$21,510,000 shall be derived from the Oil Spill Liability 
Trust Fund and shall remain available until September 30, 
2014; of which $93,854,000 shall be derived from the Pipe-
line Safety Fund, of which $54,265,000 shall remain avail-
able until September 30, 2014; of which $3,000,000, to re-
main available until expended, shall be derived from the 
Pipeline Safety Design Review Fund, as established by this 
Act. 
EMERGENCY PREPAREDNESS GRANTS 
(EMERGENCY PREPAREDNESS FUND) 
For necessary expenses to carry out 49 U.S.C. 5128(b), 
$188,000, to be derived from the Emergency Preparedness 
Fund, to remain available until September 30, 2013: Pro-
vided, That not more than $28,318,000 shall be made avail-
able for obligation in fiscal year 2012 from amounts made
266 
† HR 2112 EAS 
available by 49 U.S.C. 5116(i) and 5128(b)–(c): Provided 
further, That none of the funds made available by 49 U.S.C. 
5116(i), 5128(b), or 5128(c) shall be made available for ob-
ligation by individuals other than the Secretary of Trans-
portation, or his designee: Provided further, That unobli-
gated balances of funds provided under this paragraph not 
needed for fiscal year 2012 from the sum made available 
herein shall remain available until expended to invest in 
the data management and information technology mod-
ernization efforts, including related equipment and non- 
payroll administrative expenses associated solely with this 
information technology and telecommunications infrastruc-
ture. 
ADMINISTRATIVE PROVISION—PIPELINE AND HAZARDOUS 
MATERIALS SAFETY ADMINISTRATION 
COST RECOVERY FOR DESIGN REVIEWS 
SEC. 180. Section 60117(n) of title 49, United States 
Code, is amended to read as follows: 
‘‘(n) COST RECOVERY FOR DESIGN REVIEWS.— 
‘‘(1) IN GENERAL.—If the Secretary conducts fa-
cility design safety reviews in connection with a pro-
posal to construct, expand, or operate a gas or haz-
ardous liquid pipeline or liquefied natural gas pipe-
line facility, including construction inspections and 
oversight, the Secretary may require the person or en-
267 
† HR 2112 EAS 
tity proposing the project to pay the costs incurred by 
the Secretary relating to such reviews. If the Sec-
retary exercises the cost recovery authority described 
in this section, the Secretary shall prescribe a fee 
structure and assessment methodology that is based on 
the costs of providing these reviews and shall prescribe 
procedures to collect fees under this section. This au-
thority is in addition to the authority provided in 
section 60301 of this title. 
‘‘(2) NOTIFICATION.—For any new pipeline con-
struction project in which the Secretary will conduct 
design reviews, the person or entity proposing the 
project shall notify the Secretary and provide design 
specifications, construction plans and procedures, and 
related materials at least 120 days prior to the com-
mencement of construction. 
‘‘(3) DEPOSIT AND USE.—The Secretary shall de-
posit funds paid under this subsection into the Pipe-
line Safety Design Review Fund. Funds deposited 
under this section are authorized to be appropriated 
for the purposes set forth in this chapter. Fees author-
ized under this section shall be collected and available 
for obligation only to the extent and in the amount 
provided in advance in appropriations acts.’’.
268 
† HR 2112 EAS 
RESEARCH AND INNOVATIVE TECHNOLOGY 
ADMINISTRATION 
RESEARCH AND DEVELOPMENT 
For necessary expenses of the Research and Innovative 
Technology 
Administration, 
$15,981,000, 
of 
which 
$9,007,000 shall remain available until September 30, 
2014: Provided, That there may be credited to this appro-
priation, to be available until expended, funds received from 
States, counties, municipalities, other public authorities, 
and private sources for expenses incurred for training. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector Gen-
eral to carry out the provisions of the Inspector General 
Act of 1978, as amended, $82,409,000: Provided, That the 
Inspector General shall have all necessary authority, in car-
rying out the duties specified in the Inspector General Act, 
as amended (5 U.S.C. App. 3), to investigate allegations 
of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to 
regulation by the Department: Provided further, That the 
funds made available under this heading may be used to 
investigate, pursuant to section 41712 of title 49, United 
States Code:
269 
† HR 2112 EAS 
(1) unfair or deceptive practices and unfair 
methods of competition by domestic and foreign air 
carriers and ticket agents; and 
(2) the compliance of domestic and foreign air 
carriers with respect to item (1) of this proviso. 
SURFACE TRANSPORTATION BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Surface Transportation 
Board, including services authorized by 5 U.S.C. 3109, 
$29,310,000: Provided, That notwithstanding any other 
provision of law, not to exceed $1,250,000 from fees estab-
lished by the Chairman of the Surface Transportation 
Board shall be credited to this appropriation as offsetting 
collections and used for necessary and authorized expenses 
under this heading: Provided further, That the sum herein 
appropriated from the general fund shall be reduced on a 
dollar-for-dollar basis as such offsetting collections are re-
ceived during fiscal year 2012, to result in a final appro-
priation from the general fund estimated at no more than 
$28,060,000. 
GENERAL PROVISIONS—DEPARTMENT OF 
TRANSPORTATION 
SEC. 190. During the current fiscal year, applicable 
appropriations to the Department of Transportation shall 
be available for maintenance and operation of aircraft; hire
270 
† HR 2112 EAS 
of passenger motor vehicles and aircraft; purchase of liabil-
ity insurance for motor vehicles operating in foreign coun-
tries on official department business; and uniforms or al-
lowances therefor, as authorized by law (5 U.S.C. 5901– 
5902). 
SEC. 191. Appropriations contained in this Act for the 
Department of Transportation shall be available for services 
as authorized by 5 U.S.C. 3109, but at rates for individuals 
not to exceed the per diem rate equivalent to the rate for 
an Executive Level IV. 
SEC. 192. None of the funds in this Act shall be avail-
able for salaries and expenses of more than 110 political 
and Presidential appointees in the Department of Trans-
portation: Provided, That none of the personnel covered by 
this provision may be assigned on temporary detail outside 
the Department of Transportation. 
SEC. 193. Funds received by the Federal Highway Ad-
ministration, Federal Transit Administration, and Federal 
Railroad Administration from States, counties, municipali-
ties, other public authorities, and private sources for ex-
penses incurred for training may be credited respectively 
to the Federal Highway Administration’s ‘‘Federal-Aid 
Highways’’ account, the Federal Transit Administration’s 
‘‘Research and University Research Centers’’ account, and 
to the Federal Railroad Administration’s ‘‘Safety and Op-
271 
† HR 2112 EAS 
erations’’ account, except for State rail safety inspectors 
participating in training pursuant to 49 U.S.C. 20105. 
SEC. 194. None of the funds in this Act to the Depart-
ment of Transportation may be used to make a grant unless 
the Secretary of Transportation notifies the House and Sen-
ate Committees on Appropriations not less than 3 full busi-
ness days before any project competitively selected to receive 
a discretionary grant award, any discretionary grant 
award, letter of intent, or full funding grant agreement to-
taling $1,000,000 or more is announced by the department 
or its modal administrations from: 
(1) any discretionary grant program of the Fed-
eral Highway Administration including the emer-
gency relief program; 
(2) the airport improvement program of the Fed-
eral Aviation Administration; 
(3) any program of the Federal Railroad Admin-
istration; 
(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’’ and ‘‘Assist-
ance to Small Shipyards’’ in this Act: Provided, That 
the Secretary gives concurrent notification to the
272 
† HR 2112 EAS 
House and Senate Committees on Appropriations for 
any ‘‘quick release’’ of funds from the emergency relief 
program: Provided further, That no notification shall 
involve funds that are not available for obligation. 
SEC. 195. Rebates, refunds, incentive payments, minor 
fees and other funds received by the Department of Trans-
portation from travel management centers, charge card pro-
grams, the subleasing of building space, and miscellaneous 
sources are to be credited to appropriations of the Depart-
ment of Transportation and allocated to elements of the De-
partment of Transportation using fair and equitable cri-
teria and such funds shall be available until expended. 
SEC. 196. Amounts made available in this or any other 
Act that the Secretary determines represent improper pay-
ments by the Department of Transportation to a third- 
party contractor under a financial assistance award, which 
are recovered pursuant to law, shall be available— 
(1) to reimburse the actual expenses incurred by 
the Department of Transportation in recovering im-
proper payments; and 
(2) to pay contractors for services provided in re-
covering improper payments or contractor support in 
the implementation of the Improper Payments Infor-
mation Act of 2002: Provided, That amounts in excess 
of that required for paragraphs (1) and (2)—
273 
† HR 2112 EAS 
(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 appro-
priations account, the Secretary shall notify to 
the House and Senate Committees on Appropria-
tions of the amount and reasons for such trans-
fer: Provided further, That for purposes of this 
section, the term ‘‘improper payments’’, has the 
same meaning as that provided in section 
2(d)(2) of Public Law 107–300. 
SEC. 197. Notwithstanding any other provision of law, 
if any funds provided in or limited by this Act are subject 
to a reprogramming action that requires notice to be pro-
vided to the House and Senate Committees on Appropria-
tions, said reprogramming action shall be approved or de-
nied solely by the Committees on Appropriations: Provided, 
That the Secretary may provide notice to other congres-
sional committees of the action of the Committees on Appro-
priations on such reprogramming but not sooner than 30
274 
† HR 2112 EAS 
days following the date on which the reprogramming action 
has been approved or denied by the House and Senate Com-
mittees on Appropriations. 
SEC. 198. None of the funds appropriated or otherwise 
made available under this Act may be used by the Surface 
Transportation Board of the Department of Transportation 
to charge or collect any filing fee for rate or practice com-
plaints filed with the Board in an amount in excess of the 
amount authorized for district court civil suit filing fees 
under section 1914 of title 28, United States Code. 
This title may be cited as the Department of Transpor-
tation Appropriations Act, 2012. 
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, $549,499,000, of which 
not to exceed $4,610,000 shall be available for the imme-
diate Office of the Secretary and Deputy Secretary; not to 
exceed $1,700,000 shall be available for the Office of Hear-
ings and Appeals; not to exceed $741,000 shall be available 
for the Office of Small and Disadvantaged Business Utiliza-
275 
† HR 2112 EAS 
tion; not to exceed $47,984,000 shall be available for the 
Office of the Chief Financial Officer; not to exceed 
$94,380,000 shall be available for the Office of the General 
Counsel; not to exceed $2,695,000 shall be available to the 
Office of Congressional and Intergovernmental Relations; 
not to exceed $3,988,000 shall be available for the Office 
of Public Affairs; not to exceed $546,000 shall be available 
to the Office of the Chief Operating Officer, not to exceed 
$256,744,000 shall be available for the Office of the Chief 
Human Capital Officer; not to exceed $10,476,000 shall be 
available for the Office of Departmental Operations and Co-
ordination; not to exceed $47,543,000 shall be available for 
the Office of Field Policy and Management; not to exceed 
$14,654,000 shall be available for the Office of the Chief 
Procurement Officer; not to exceed $3,708,000 shall be 
available for the Office of Departmental Equal Employment 
Opportunity; not to exceed $1,448,000 shall be available for 
the Center for Faith-Based and Community Initiatives; not 
to exceed $2,627,000 shall be available for the Office of Sus-
tainable Housing and Communities; not to exceed 
$5,605,000 shall be available for the Office of Strategic 
Planning and Management; not to exceed $7,415,000 shall 
be available for the Office of the Chief Disaster and Emer-
gency Management Officer; and not to exceed $42,635,000 
shall be available for the Office of the Chief Information
276 
† HR 2112 EAS 
Officer: Provided further, That the Secretary shall provide 
the Committees on Appropriations quarterly written notifi-
cation regarding the status of pending congressional re-
ports: 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 Of-
fice of the Secretary shall be available for official reception 
and representation expenses as the Secretary may deter-
mine. 
PROGRAM OFFICE SALARIES AND EXPENSES 
PUBLIC AND INDIAN HOUSING 
For necessary salaries and expenses of the Office of 
Public and Indian Housing, $201,233,000. 
COMMUNITY PLANNING AND DEVELOPMENT 
For necessary salaries and expenses of the Office of 
Community Planning and Development mission area, 
$101,076,000. 
HOUSING 
For necessary salaries and expenses of the Office of 
Housing, $392,796,000, of which $8,200,000 shall be for the 
Office of Risk and Regulatory Affairs. 
POLICY DEVELOPMENT AND RESEARCH 
For necessary salaries and expenses of the Office of 
Policy Development and Research, $23,016,000.
277 
† HR 2112 EAS 
FAIR HOUSING AND EQUAL OPPORTUNITY 
For necessary salaries and expenses of the Office of 
Fair Housing and Equal Opportunity, $74,766,000. 
OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL 
For necessary salaries and expenses of the Office of 
Healthy Homes and Lead Hazard Control, $7,502,000. 
RENTAL ASSISTANCE DEMONSTRATION 
To conduct a demonstration designed to preserve and 
improve public housing through the voluntary conversion 
of properties with assistance under section 9 of the U.S. 
Housing Act of 1937, (hereinafter, ‘‘the Act’’), to properties 
with assistance under a project-based subsidy contract 
under section 8 of the Act, which shall be eligible for renewal 
under section 524 of the Multifamily Assisted Housing Re-
form and Affordability Act of 1997, or assistance under sec-
tion 8(o)(13) of the Act, the Secretary may transfer 
amounts provided under the headings ‘‘Public Housing 
Capital Fund’’ and ‘‘Public Housing Operating Fund’’ to 
the headings ‘‘Tenant-Based Rental Assistance’’ or ‘‘Project- 
Based Rental Assistance’’: Provided, That project applica-
tions may be received under this demonstration until Sep-
tember 30, 2015: Provided further, That any increase in 
cost for ‘‘Tenant-Based Rental Assistance’’ or ‘‘Project- 
Based Rental Assistance’’ associated with such conversion 
shall be equal to amounts transferred from ‘‘Public Housing
278 
† HR 2112 EAS 
Capital Fund’’ and ‘‘Public Housing Operating Fund’’: 
Provided further, That not more than 60,000 units shall 
be converted under the authority provided under this head-
ing: Provided further, That tenants of such converted prop-
erties shall, at a minimum, maintain the same rights under 
such conversion as those provided under section 9 of the Act: 
Provided further, That the Secretary shall select properties 
from applications for conversion as part of this demonstra-
tion through a competitive process: Provided further, That 
in establishing criteria for such competition, the Secretary 
shall seek to demonstrate the feasibility of this conversion 
model to recapitalize and operate public housing properties 
(1) in different markets and geographic areas, (2) within 
portfolios managed by public housing agencies of varying 
sizes, and (3) by leveraging other sources of funding to re-
capitalize properties: Provided further, That the Secretary 
shall provide an opportunity for public comment on draft 
eligibility and selection criteria and procedures that will 
apply to the selection of properties that will participate in 
the demonstration: Provided further, That the Secretary 
shall provide an opportunity for comment from residents 
of properties to be proposed for participation in the dem-
onstration to the owners or public housing agencies respon-
sible for such properties: Provided further, That the Sec-
retary may waive or specify alternative requirements for
279 
† HR 2112 EAS 
(except for requirements related to fair housing, non-
discrimination, labor standards, and the environment) any 
provision of section 8(o)(13) or any provision that governs 
the use of assistance from which a property is converted 
under the demonstration or funds made available under the 
headings of ‘‘Public Housing Capital Fund’’, ‘‘Public Hous-
ing Operating Fund’’, and ‘‘Project-Based Rental Assist-
ance’’, under this Act or any prior Act or any Act enacted 
during the period of conversion of assistance under the dem-
onstration for properties with assistance converted under 
the demonstration, upon a finding by the Secretary that 
any such waivers or alternative requirements are necessary 
for the effective conversion of assistance under the dem-
onstration: Provided further, That the Secretary shall pub-
lish by notice in the Federal Register any waivers or alter-
native requirements pursuant to the previous proviso no 
later than 10 days before the effective date of such notice: 
Provided further, That the demonstration may proceed after 
the Secretary publishes notice of its terms in the Federal 
Register: Provided further, That notwithstanding sections 
3 and 16 of the Act, the conversion of assistance under the 
demonstration shall not be the basis for re-screening or ter-
mination of assistance or eviction of any tenant family in 
a property participating in the demonstration, and such 
a family shall not be considered a new admission for any
280 
† HR 2112 EAS 
purpose, including compliance with income targeting re-
quirements: Provided further, That in the case of a property 
with assistance converted under the demonstration from as-
sistance under section 9 of the Act, section 18 of the Act 
shall not apply to a property converting assistance under 
the demonstration for all or substantially all of its units, 
the Secretary shall require ownership or control of assisted 
units by a public or nonprofit entity except as determined 
by the Secretary to be necessary pursuant to foreclosure, 
bankruptcy, or termination and transfer of assistance for 
material violations or substantial default, shall require 
long-term renewable use and affordability restrictions for 
assisted units, and may allow ownership to be transferred 
to a for-profit entity to facilitate the use of tax credits only 
if the public housing agency preserves its interest in the 
property in a manner approved by the Secretary: Provided 
further, That the Secretary may permit transfer of assist-
ance at or after conversion under the demonstration to re-
placement units subject to the requirements in the previous 
proviso: Provided further, That the Secretary may establish 
the requirements for converted assistance under the dem-
onstration through contracts, use agreements, regulations, 
or other means: Provided further, That the Secretary shall 
assess and publish findings regarding the impact of the con-
version of assistance under the demonstration on the preser-
281 
† HR 2112 EAS 
vation and improvement of public housing, the amount of 
private sector leveraging as a result of such conversion, and 
the effect of such conversion on tenants. 
PUBLIC AND INDIAN HOUSING 
TENANT-BASED RENTAL ASSISTANCE 
(INCLUDING TRANSFER OF FUNDS) 
For activities and assistance for the provision of ten-
ant-based rental assistance authorized under the United 
States Housing Act of 1937, as amended (42 U.S.C. 1437 
et seq.) (‘‘the Act’’ herein), not otherwise provided for, 
$14,872,357,000, to remain available until expended, shall 
be available on October 1, 2011 (in addition to the 
$4,000,000,000 previously appropriated under this heading 
that will become available on October 1, 2011), and 
$4,000,000,000, to remain available until expended, shall 
be available on October 1, 2012: Provided, That of the 
amounts made available under this heading are provided 
as follows: 
(1) Not less than $17,143,905,000 shall be avail-
able for renewals of expiring section 8 tenant-based 
annual contributions contracts (including renewals of 
enhanced vouchers under any provision of law au-
thorizing such assistance under section 8(t) of the 
Act) and including renewal of other special purpose 
incremental vouchers: Provided, That notwithstanding
282 
† HR 2112 EAS 
any other provision of law, from amounts provided 
under this paragraph and any carryover, the Sec-
retary for the calendar year 2012 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 ad-
justments for the costs associated with the first-time 
renewal of vouchers under this paragraph including 
tenant protection and HOPE VI vouchers: Provided 
further, That none of the funds provided under this 
paragraph may be used to fund a total number of 
unit months under lease which exceeds a public hous-
ing agency’s authorized level of units under contract, 
except for public housing agencies participating in 
the Moving to Work (MTW) demonstration, which are 
instead governed by the terms and conditions of their 
MTW agreements: Provided further, That the Sec-
retary shall, to the extent necessary to stay within the 
amount specified under this paragraph (except as oth-
erwise modified under this Act), pro rate each public 
housing agency’s allocation otherwise established pur-
suant to this paragraph: Provided further, That ex-
283 
† HR 2112 EAS 
cept as provided in the following provisos, the entire 
amount specified under this paragraph (except as oth-
erwise modified under this Act) shall be obligated to 
the public housing agencies based on the allocation 
and pro rata method described above, and the Sec-
retary shall notify public housing agencies of their 
annual budget not later than 60 days after enactment 
of this Act: Provided further, That the Secretary may 
extend the 60-day notification period with the prior 
written approval of the House and Senate Committees 
on Appropriations: Provided further, That public 
housing agencies participating in the Moving to Work 
demonstration shall be funded pursuant to their Mov-
ing to Work agreements and shall be subject to the 
same pro rata adjustments under the previous pro-
visos: Provided further, That up to $103,000,000 shall 
be available only: (1) to adjust the allocations for 
public housing agencies, after application for an ad-
justment by a public housing agency that experienced 
a significant increase, as determined by the Sec-
retary, in renewal costs of tenant-based rental assist-
ance resulting from unforeseen circumstances or from 
portability under section 8(r) of the Act; (2) for 
vouchers that were not in use during the 12-month 
period in order to be available to meet a commitment
284 
† HR 2112 EAS 
pursuant to section 8(o)(13) of the Act; (3) for adjust-
ments for costs associated with HUD-Veterans Affairs 
Supportive Housing (HUD–VASH) vouchers; and (4) 
for incremental tenant-based assistance for eligible 
families currently assisted under the Disaster Voucher 
Program as authorized by Public Law 109–148 under 
this heading and the Disaster Housing Assistance 
Program for Hurricanes Ike and Gustav on the condi-
tion that such vouchers will not be re-issued when 
families leave the program: Provided further, That of 
the amounts made available under this paragraph, up 
to $15,000,000 may be transferred to and merged 
with the appropriation for ‘‘Transformation Initia-
tive’’; 
(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 
section 18 of the Act, conversion of section 23 projects 
to assistance under section 8, the family unification 
program under section 8(x) of the Act, relocation of 
witnesses in connection with efforts to combat crime 
in public and assisted housing pursuant to a request 
from a law enforcement or prosecution agency, en-
hanced vouchers under any provision of law author-
izing such assistance under section 8(t) of the Act,
285 
† HR 2112 EAS 
HOPE VI vouchers, mandatory and voluntary con-
versions, and tenant protection assistance including 
replacement and relocation assistance or for project- 
based assistance to prevent the displacement of unas-
sisted elderly tenants currently residing in section 
202 properties financed between 1959 and 1974 that 
are refinanced pursuant to Public Law 106–569, as 
amended, or under the authority as provided under 
this Act: Provided, That when a public housing devel-
opment is submitted for demolition or disposition 
under section 18 of the Act, the Secretary may pro-
vide section 8 rental assistance when the units pose 
an imminent health and safety risk to residents: Pro-
vided further, That the Secretary may only provide 
replacement vouchers for units that were occupied 
within the previous 24 months that cease to be avail-
able as assisted housing, subject only to the avail-
ability of funds: Provided further, That of the 
amounts made available under this paragraph, 
$10,000,000 shall be available to provide tenant pro-
tection assistance, not otherwise provided under this 
paragraph, to residents residing in low-vacancy areas 
and who may have to pay rents greater than 30 per-
cent of household income, as the result of (1) the ma-
turity of a HUD-insured, HUD-held or section 202
286 
† HR 2112 EAS 
loan that requires the permission of the Secretary 
prior to loan prepayment; (2) the expiration of a 
rental assistance contract for which the tenants are 
not eligible for enhanced voucher or tenant protection 
assistance under existing law; or (3) the expiration of 
affordability restrictions accompanying a mortgage or 
preservation program administered by the Secretary: 
Provided further, That such tenant protection assist-
ance made available under the previous proviso may 
be provided under the authority of section 8(t) or sec-
tion 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 pre-
vious provisos, including, but not limited to, require-
ments for defining eligible at-risk households within 
120 days of the enactment of this Act; 
(3) $1,400,000,000 shall be for administrative 
and other expenses of public housing agencies in 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 administer 
their section 8 programs, including fees associated 
with section 8 tenant protection rental assistance, the 
administration of disaster related vouchers, Veterans
287 
† HR 2112 EAS 
Affairs Supportive Housing vouchers, and other in-
cremental vouchers: Provided, That no less than 
$1,350,000,000 of the amount provided in this para-
graph shall be allocated to public housing agencies for 
the calendar year 2012 funding cycle based on section 
8(q) of the Act (and related Appropriation Act provi-
sions) as in effect immediately before the enactment 
of the Quality Housing and Work Responsibility Act 
of 1998 (Public Law 105–276): Provided further, 
That if the amounts made available under this para-
graph are insufficient to pay the amounts determined 
under the previous proviso, the Secretary may de-
crease the amounts allocated to agencies by a uniform 
percentage applicable to all agencies receiving fund-
ing under this paragraph or may, to the extent nec-
essary to provide full payment of amounts determined 
under the previous proviso, utilize unobligated bal-
ances, including recaptures and carryovers, remain-
ing from funds appropriated to the Department of 
Housing and Urban Development under this heading 
from prior fiscal years, notwithstanding the purposes 
for which such amounts were appropriated: Provided 
further, That amounts provided under this paragraph 
shall be only for activities related to the provision of
288 
† HR 2112 EAS 
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) $113,452,000 for the renewal of tenant-based 
assistance contracts under section 811 of the Cran-
ston-Gonzalez National Affordable Housing Act (42 
U.S.C. 8013), including necessary administrative ex-
penses; 
(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 des-
ignated by the Secretary of the Department of Vet-
erans Affairs, based on geographical need for such as-
sistance as identified by the Secretary of the Depart-
ment of Veterans Affairs, public housing agency ad-
ministrative performance, and other factors as speci-
fied by the Secretary of Housing and Urban Develop-
289 
† HR 2112 EAS 
ment in consultation with the Secretary of the De-
partment of Veterans Affairs: Provided further, That 
the Secretary of Housing and Urban Development 
may waive, or specify alternative requirements for (in 
consultation with the Secretary of the Department of 
Veterans Affairs), any provision of any statute or reg-
ulation that the Secretary of Housing and Urban De-
velopment administers in connection with the use of 
funds made available under this paragraph (except 
for requirements related to fair housing, non-
discrimination, labor standards, and the environ-
ment), upon a finding by the Secretary that any such 
waivers or alternative requirements are necessary for 
the effective delivery and administration of such 
voucher assistance: Provided further, That assistance 
made available under this paragraph shall continue 
to remain available for homeless veterans upon turn- 
over; 
(7) $5,000,000 for payments to public housing 
authorities to be competitively awarded in order to 
demonstrate the effectiveness of leveraging mainstream 
resources to address the needs of families and individ-
uals who are homeless or at risk of homelessness, as 
defined by the Secretary of Housing and Urban De-
velopment, to be administered by the Secretary in
290 
† HR 2112 EAS 
conjunction with the Department of Health and 
Human Services and the Department of Education: 
Provided, That funds provided under this paragraph 
shall be awarded to public housing authorities that 
(1) partner with eligible State and local entities re-
sponsible for distributing Temporary Assistance for 
Needy Families (TANF) and other health and human 
services, as designated by the Secretary of the Depart-
ment of Health and Human Services, and (2) partner 
with school homelessness liaisons funded through the 
Department of Education’s Education for Homeless 
Children and Youth Program: Provided further, That 
the funds may also be available to public housing au-
thorities that partner with eligible State Medicaid 
agencies and State behavioral health entities, as des-
ignated by the Secretary of the Department of Health 
and Human Services, to provide housing in conjunc-
tion with Medicaid case management, substance abuse 
treatment, and mental health services; and 
(8) The Secretary shall separately track all spe-
cial purpose vouchers funded under this heading. 
HOUSING CERTIFICATE FUND 
(RESCISSION) 
Of the unobligated balances, including recaptures and 
carryover, remaining from funds appropriated to the De-
291 
† HR 2112 EAS 
partment of Housing and Urban Development under this 
heading, $200,000,000 are rescinded, to be effected by the 
Secretary of Housing and Urban Development no later than 
September 30, 2012: Provided, That if insufficient funds 
exist under these headings, the remaining balance may be 
derived from any other unobligated balances available 
under any heading under this title funded in fiscal year 
2011 and prior years: Provided further, That the Secretary 
shall notify the Committees on Appropriations of the unob-
ligated balances used to meet this rescission 30 days in ad-
vance of such rescission: Provided further, That any such 
balances governed by reallocation provisions under the stat-
ute authorizing the program for which the funds were origi-
nally appropriated shall be available for the rescission: Pro-
vided further, That any obligated balances of contract au-
thority from fiscal year 1974 and prior that have been ter-
minated shall be cancelled. 
PUBLIC HOUSING CAPITAL FUND 
For the Public Housing Capital Fund Program to 
carry out capital and management activities for public 
housing agencies, as authorized under section 9 of the 
United States Housing Act of 1937 (42 U.S.C. 1437g) (the 
‘‘Act’’) $1,875,000,000, to remain available until September 
30, 2015: Provided, That notwithstanding any other provi-
sion of law or regulation, during fiscal year 2012 the Sec-
292 
† HR 2112 EAS 
retary of Housing and Urban Development may not dele-
gate to any Department official other than the Deputy Sec-
retary and the Assistant Secretary for Public and Indian 
Housing any authority under paragraph (2) of section 9(j) 
regarding the extension of the time periods under such sec-
tion: Provided further, That for purposes of such section 
9(j), the term ‘‘obligate’’ means, with respect to amounts, 
that the amounts are subject to a binding agreement that 
will result in outlays, immediately or in the future: Pro-
vided further, That up to $10,000,000 shall be to support 
the ongoing Public Housing Financial and Physical Assess-
ment activities of the Real Estate Assessment Center 
(REAC): Provided further, That of the total amount pro-
vided under this heading, not to exceed $20,000,000 shall 
be available for the Secretary to make grants, notwith-
standing 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 activ-
ity as well as needs resulting from unforeseen or unprevent-
able emergencies and natural disasters excluding Presi-
dentially declared emergencies and natural disasters under 
the Robert T. Stafford Disaster Relief and Emergency Act 
(42 U.S.C. 5121 et seq.) occurring in fiscal year 2012: Pro-
vided further, That of the total amount provided under this 
heading $50,000,000 shall be for supportive services, service
293 
† HR 2112 EAS 
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 receiver-
ships: Provided further, That from the funds made available 
under this heading, the Secretary shall provide bonus 
awards in fiscal year 2012 to public housing agencies that 
are designated high performers. 
PUBLIC HOUSING OPERATING FUND 
For 2012 payments to public housing agencies for the 
operation and management of public housing, as authorized 
by section 9(e) of the United States Housing Act of 1937 
(42 U.S.C. 1437g(e)), $3,961,850,000, of which $20,000,000 
shall be available until September 30, 2013: Provided, That 
in determining public housing agencies’, including Moving 
to Work agencies’, calendar year 2012 funding allocations 
under this heading, the Secretary shall take into account 
public housing agencies’ excess operating fund reserves, as 
determined by the Secretary: Provided further, That Moving 
to Work agencies shall receive a pro-rata reduction con-
sistent with their peer groups: Provided further, That no 
public housing agency shall be left with less than $100,000 
in operating reserves: Provided further, That the Secretary
294 
† HR 2112 EAS 
shall not offset excess reserves by more than $750,000,000: 
Provided further, That in implementing such allocation re-
ductions, the Secretary shall establish a process by which 
public housing agencies can appeal the initial allocation 
amounts and the Secretary shall consider adjustments based 
on such factors, including prior funding reservations, com-
mitments related to mixed finance developments, or report-
ing errors: Provided further, That the Secretary shall notify 
public housing agencies of such process and what docu-
mentation may be required as part of such appeal: Provided 
further, That following the appeals process established 
under the previous two provisos, the Secretary shall make 
final allocations: Provided further, That of the amount pro-
vided under this heading up to $20,000,000 may be set 
aside to provide assistance to any public housing authority 
who encounters financial hardship as a direct result of an 
excess reserve offset applied to an allocation of funding 
under this heading: Provided further, That the Secretary 
shall provide flexibility to public housing agencies to use 
excess operating reserves for capital improvements. 
CHOICE NEIGHBORHOODS 
For competitive grants under the Choice Neighborhoods 
Initiative (subject to section 24 of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437v), unless otherwise speci-
fied under this heading), for transformation, rehabilitation,
295 
† HR 2112 EAS 
and replacement housing needs of both public and HUD- 
assisted housing and to transform neighborhoods of poverty 
into functioning, sustainable mixed income neighborhoods 
with appropriate services, schools, public assets, transpor-
tation and access to jobs, $120,000,000, to remain available 
until September 30, 2014: Provided, That grant funds may 
be used for resident and community services, community 
development, and affordable housing needs in the commu-
nity, and for conversion of vacant or foreclosed properties 
to affordable housing: Provided further, That grantees shall 
undertake comprehensive local planning with input from 
residents and the community, and that grantees shall pro-
vide a match in State, local, other Federal or private funds: 
Provided further, That grantees may include local govern-
ments, tribal entities, public housing authorities, and non-
profits: Provided further, That for-profit developers may 
apply jointly with a public entity: Provided further, That 
of the amount provided, not less than $80,000,000 shall be 
awarded to public housing authorities: Provided further, 
That such grantees shall create partnerships with other 
local organizations including assisted housing owners, serv-
ice agencies, and resident organizations: Provided further, 
That the Secretary shall consult with the Secretaries of 
Education, Labor, Transportation, Health and Human 
Services, Agriculture, and Commerce and the Adminis-
296 
† HR 2112 EAS 
trator of the Environmental Protection Agency to coordi-
nate and leverage other appropriate Federal resources: Pro-
vided further, That no more than $5,000,000 of funds made 
available under this heading may be provided to assist com-
munities in developing comprehensive strategies for imple-
menting this program or implementing other revitalization 
efforts in conjunction with community notice and input: 
Provided further, That the Secretary shall develop and pub-
lish guidelines for the use of such competitive funds, includ-
ing but not limited to eligible activities, program require-
ments, and performance metrics. 
NATIVE AMERICAN HOUSING BLOCK GRANTS 
For the Native American Housing Block Grants pro-
gram, as authorized under title I of the Native American 
Housing Assistance and Self-Determination Act of 1996 
(NAHASDA) (25 U.S.C. 4111 et seq.), $650,000,000, to re-
main available until expended: Provided, That, notwith-
standing the Native American Housing Assistance and Self- 
Determination Act of 1996, to determine the amount of the 
allocation under title I of such Act for each Indian tribe, 
the Secretary shall apply the formula under section 302 of 
such Act with the need component based on single-race cen-
sus data and with the need component based on multi-race 
census data, and the amount of the allocation for each In-
dian tribe shall be the greater of the two resulting allocation
297 
† HR 2112 EAS 
amounts: Provided further, That of the amounts made 
available under this heading, $3,500,000 shall be contracted 
for assistance for a national organization representing Na-
tive American housing interests for providing training and 
technical assistance to Indian housing authorities and trib-
ally designated housing entities as authorized under 
NAHASDA; and $4,250,000 shall be to support the inspec-
tion of Indian housing units, contract expertise, training, 
and technical assistance in the training, oversight, and 
management of such Indian housing and tenant-based as-
sistance, including up to $300,000 for related travel: Pro-
vided further, That of the amount provided under this head-
ing, $2,000,000 shall be made available for the cost of guar-
anteed notes and other obligations, as authorized by title 
VI of NAHASDA: Provided further, That such costs, includ-
ing the costs of modifying such notes and other obligations, 
shall be as defined in section 502 of the Congressional Budg-
et Act of 1974, as amended: Provided further, That these 
funds are available to subsidize the total principal amount 
of any notes and other obligations, any part of which is 
to be guaranteed, not to exceed $20,000,000. 
NATIVE HAWAIIAN HOUSING BLOCK GRANT 
For the Native Hawaiian Housing Block Grant pro-
gram, as authorized under title VIII of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25
298 
† HR 2112 EAS 
U.S.C. 4111 et seq.), $13,000,000, to remain available until 
expended: Provided, That of this amount, $300,000 shall be 
for training and technical assistance activities, including 
up to $100,000 for related travel by Hawaii-based HUD 
employees. 
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM 
ACCOUNT 
For the cost of guaranteed loans, as authorized by sec-
tion 184 of the Housing and Community Development Act 
of 1992 (12 U.S.C. 1715z), $7,000,000, to remain available 
until expended: Provided, That such costs, including the 
costs of modifying such loans, shall be as defined in section 
502 of the Congressional Budget Act of 1974: Provided fur-
ther, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, up to 
$428,000,000: Provided further, That up to $750,000 shall 
be for administrative contract expenses including manage-
ment processes and systems to carry out the loan guarantee 
program. 
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND 
PROGRAM ACCOUNT 
For the cost of guaranteed loans, as authorized by sec-
tion 184A of the Housing and Community Development Act 
of 1992 (12 U.S.C. 1715z) and for such costs for loans used 
for refinancing, $386,000, to remain available until ex-
299 
† HR 2112 EAS 
pended: Provided, That such costs, including the costs of 
modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize total loan prin-
cipal, any part of which is to be guaranteed, not to exceed 
$41,504,000. 
COMMUNITY PLANNING AND DEVELOPMENT 
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 
For carrying out the Housing Opportunities for Per-
sons with AIDS program, as authorized by the AIDS Hous-
ing Opportunity Act (42 U.S.C. 12901 et seq.), 
$330,000,000, to remain available until September 30, 
2013, except that amounts allocated pursuant to section 
854(c)(3) of such Act shall remain available until Sep-
tember 30, 2014: Provided, That the Secretary shall renew 
all expiring contracts for permanent supportive housing 
that were funded under section 854(c)(3) of such Act that 
meet all program requirements before awarding funds for 
new contracts and activities authorized under this section. 
COMMUNITY DEVELOPMENT FUND 
For assistance to units of State and local government, 
and to other entities, for economic and community develop-
ment activities, and for other purposes, $3,001,027,000, to 
remain available until September 30, 2013, unless otherwise 
specified: Provided, That of the total amount provided,
300 
† HR 2112 EAS 
$2,851,027,000 is for carrying out the community develop-
ment block grant program under title I of the Housing and 
Community Development Act of 1974, as amended (the 
‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, 
That unless explicitly provided for under this heading (ex-
cept for planning grants provided in the second paragraph 
and amounts made available under the third paragraph), 
not to exceed 20 percent of any grant made with funds ap-
propriated under this heading shall be expended for plan-
ning and management development and administration: 
Provided further, That $60,000,000 shall be for grants to 
Indian tribes notwithstanding section 106(a)(1) of such Act, 
of which, notwithstanding any other provision of law (in-
cluding section 204 of this Act), up to $3,960,000 may be 
used for emergencies that constitute imminent threats to 
health and safety. 
Of the amounts made available under this heading, 
$90,000,000 shall be made available for a Sustainable Com-
munities Initiative to improve regional planning efforts 
that integrate housing and transportation decisions, and 
increase the capacity to improve land use and zoning: Pro-
vided, That $63,000,000 shall be for Regional Integrated 
Planning Grants to support the linking of transportation 
and land use planning: Provided further, That not less than 
$15,750,000 of the funding made available for Regional In-
301 
† HR 2112 EAS 
tegrated Planning Grants shall be awarded to metropolitan 
areas of less than 500,000: Provided further, That 
$27,000,000 shall be for Community Challenge Planning 
Grants to foster reform and reduce barriers to achieve af-
fordable, economically vital, and sustainable communities: 
Provided further, That the Secretary will consult with the 
Secretary of Transportation in evaluating grant proposals. 
COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER 
FUNDING 
For an additional amount for the ‘‘Community Devel-
opment Fund’’, for necessary expenses related to disaster 
relief, long-term recovery, and restoration of infrastructure, 
housing, and economic revitalization resulting from a 
major disaster designation pursuant to the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122(2)) in 2011, $400,000,000, to remain available 
until expended, for activities authorized under title I of the 
Housing and Community Development Act of 1974 (Public 
Law 93–383): Provided, That the amount provided under 
this heading is designated by Congress as being for disaster 
relief pursuant to section 251(b)(2)(D) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (Public 
Law 99–177), as amended: Provided further, That funds 
shall be awarded directly to the State or unit of general 
local government at the discretion of the Secretary: Pro-
302 
† HR 2112 EAS 
vided further, That prior to the obligation of funds a grant-
ee shall submit a plan to the Secretary detailing the pro-
posed use of all funds, including criteria for eligibility and 
how the use of these funds will address long-term recovery 
and restoration of infrastructure: Provided further, That 
funds provided under this heading may be used by a State 
or locality as a matching requirement, share, or contribu-
tion for any other Federal program: Provided further, That 
such funds may not be used for activities reimbursable by, 
or for which funds are made available by, the Federal 
Emergency Management Agency or the Army Corps of En-
gineers: Provided further, That funds allocated under this 
heading shall not adversely affect the amount of any for-
mula assistance received by a State or subdivision thereof 
under the Community Development Fund: Provided fur-
ther, That a State or subdivision thereof may use up to 
5 percent of its allocation for administrative costs: Provided 
further, That in administering the funds under this head-
ing, the Secretary of Housing and Urban Development may 
waive, or specify alternative requirements for, any provi-
sion of any statute or regulation that the Secretary admin-
isters in connection with the obligation by the Secretary 
or the use by the recipient of these funds or guarantees (ex-
cept for requirements related to fair housing, non-
discrimination, labor standards, and the environment),
303 
† HR 2112 EAS 
upon a request by a State or subdivision thereof explaining 
why such waiver is required to facilitate the use of such 
funds or guarantees, if the Secretary finds that such waiver 
would not be inconsistent with the overall purpose of title 
I of the Housing and Community Development Act of 1974: 
Provided further, That the Secretary shall publish in the 
Federal Register any waiver of any statute or regulation 
that the Secretary administers pursuant to title I of the 
Housing and Community Development Act of 1974 no later 
than 5 days before the effective date of such waiver. 
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM 
ACCOUNT 
For the cost of guaranteed loans, $4,960,000, to remain 
available until September 30, 2012, as authorized by section 
108 of the Housing and Community Development Act of 
1974 (42 U.S.C. 5308): Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in sec-
tion 502 of the Congressional Budget Act of 1974: Provided 
further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, not 
to exceed $200,000,000, notwithstanding any aggregate lim-
itation on outstanding obligations guaranteed in section 
108(k) of the Housing and Community Development Act 
of 1974, as amended.
304 
† HR 2112 EAS 
HOME INVESTMENT PARTNERSHIPS PROGRAM 
For the HOME investment partnerships program, as 
authorized under title II of the Cranston-Gonzalez National 
Affordable Housing Act, as amended, $1,000,000,000, to re-
main available until September 30, 2013: Provided, That 
notwithstanding the amount made available under this 
heading, the threshold reduction requirements in sections 
216(10) and 217(b)(4) of such Act shall not apply to alloca-
tion of such amount: Provided further, That funds made 
available under this heading used for projects not completed 
within 4 years of the commitment date, as determined by 
a signature of each party to the agreement shall be repaid: 
Provided further, That the Secretary may extend the dead-
line for 1 year if the Secretary determines that the failure 
to complete the project is beyond the control of the partici-
pating jurisdiction: Provided further, That no funds pro-
vided under this heading may be committed to any project 
included as part of a participating jurisdiction’s plan 
under section 105(b), unless each participating jurisdiction 
certifies that it has conducted an underwriting review, as-
sessed developer capacity and fiscal soundness, and exam-
ined neighborhood market conditions to ensure adequate 
need for each project: Provided further, That any homeown-
ership units funded under this heading which cannot be sold 
to an eligible homeowner within 6 months of project comple-
305 
† HR 2112 EAS 
tion shall be rented to an eligible tenant: Provided further, 
That no funds provided under this heading may be awarded 
for development activities to a community housing develop-
ment organization that cannot demonstrate that it is has 
staff with demonstrated development experience: Provided 
further, That funds provided in prior appropriations Acts 
for technical assistance, that were made available for Com-
munity Housing Development Organizations technical as-
sistance, and that still remain available, may be used for 
HOME technical assistance notwithstanding the purposes 
for which such amounts were appropriated. 
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY 
PROGRAM 
For the Self-Help and Assisted Homeownership Op-
portunity Program, as authorized under section 11 of the 
Housing Opportunity Program Extension Act of 1996, as 
amended, $57,000,000, to remain available until September 
30, 2013: Provided, That of the total amount provided 
under this heading, $17,000,000 shall be made available to 
the Self-Help and Assisted Homeownership Opportunity 
Program as authorized under section 11 of the Housing Op-
portunity Program Extension Act of 1996, as amended: 
Provided further, That $35,000,000 shall be made available 
for the second, third and fourth capacity building activities 
authorized under section 4(a) of the HUD Demonstration
306 
† HR 2112 EAS 
Act of 1993 (42 U.S.C. 9816 note), of which not less than 
$5,000,000 may be made available for rural capacity-build-
ing activities: Provided further, That $5,000,000 shall be 
made available for capacity-building activities for a na-
tional organization with expertise in rural housing, includ-
ing experience working with rural housing organizations, 
local governments, and Indian tribes. 
HOMELESS ASSISTANCE GRANTS 
(INCLUDING TRANSFER OF FUNDS) 
For the emergency solutions grants program as author-
ized under subtitle B of title IV of the McKinney-Vento 
Homeless Assistance Act, as amended; the continuum of 
care program as authorized under subtitle C of title IV of 
such Act; and the rural housing stability assistance pro-
gram as authorized under subtitle D of title IV of such Act, 
$1,901,190,000, of which $1,896,190,000 shall remain 
available until September 30, 2014, and of which 
$5,000,000 shall remain available until expended for 
project-based rental assistance with rehabilitation projects 
with 10-year grant terms and any rental assistance 
amounts that are recaptured under such continuum of care 
program shall remain available until expended: Provided, 
That not less than $286,000,000 of the funds appropriated 
under this heading shall be available for such emergency 
solutions grants program: Provided further, That not less
307 
† HR 2112 EAS 
than $1,602,190,000 of the funds appropriated under this 
heading shall be available for such continuum of care and 
rural housing stability assistance programs: Provided fur-
ther, That up to $8,000,000 of the funds appropriated under 
this heading shall be available for the national homeless 
data analysis project: Provided further, That for all match 
requirements applicable to funds made available under this 
heading for this fiscal year and prior years, a grantee may 
use (or could have used) as a source of match funds other 
funds administered by the Secretary and other Federal 
agencies unless there is (or was) a specific statutory prohi-
bition on any such use of any such funds: Provided further, 
That the Secretary shall renew on an annual basis expiring 
contracts or amendments to contracts funded under the con-
tinuum of care program if the program is determined to 
be needed under the applicable continuum of care and meets 
appropriate program requirements and financial stand-
ards, as determined by the Secretary: Provided further, 
That all awards of assistance under this heading shall be 
required to coordinate and integrate homeless programs 
with other mainstream health, social services, and employ-
ment programs for which homeless populations may be eli-
gible, including Medicaid, State Children’s Health Insur-
ance Program, Temporary Assistance for Needy Families, 
Food Stamps, and services funding through the Mental
308 
† HR 2112 EAS 
Health and Substance Abuse Block Grant, Workforce In-
vestment Act, and the Welfare-to-Work grant program: Pro-
vided further, That all balances for Shelter Plus Care re-
newals previously funded from the Shelter Plus Care Re-
newal account and transferred to this account shall be 
available, if recaptured, for continuum of care renewals in 
fiscal year 2012. 
HOUSING PROGRAMS 
PROJECT-BASED RENTAL ASSISTANCE 
For activities and assistance for the provision of 
project-based subsidy contracts under the United States 
Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the Act’’), 
not otherwise provided for, $9,018,672,000, to remain avail-
able until expended, shall be available on October 1, 2011 
(in addition to the $400,000,000 previously appropriated 
under this heading that will become available October 1, 
2012), and $400,000,000, to remain available until ex-
pended, shall be available on October 1, 2012: Provided, 
That the amounts made available under this heading shall 
be available for expiring or terminating section 8 project- 
based subsidy contracts (including section 8 moderate reha-
bilitation contracts), for amendments to section 8 project- 
based subsidy contracts (including section 8 moderate reha-
bilitation contracts), for contracts entered into pursuant to 
section 441 of the McKinney-Vento Homeless Assistance Act
309 
† HR 2112 EAS 
(42 U.S.C. 11401), for renewal of section 8 contracts for 
units in projects that are subject to approved plans of action 
under the Emergency Low Income Housing Preservation 
Act of 1987 or the Low-Income Housing Preservation and 
Resident Homeownership Act of 1990, and for administra-
tive and other expenses associated with project-based activi-
ties and assistance funded under this paragraph: Provided 
further, That of the total amounts provided under this head-
ing, not to exceed $289,000,000 shall be available for per-
formance-based contract administrators for section 8 
project-based assistance: Provided further, That the Sec-
retary of Housing and Urban Development may also use 
such amounts in the previous proviso for performance-based 
contract administrators for the administration of: interest 
reduction payments pursuant to section 236(a) of the Na-
tional Housing Act (12 U.S.C. 1715z–1(a)); rent supple-
ment payments pursuant to section 101 of the Housing and 
Urban Development Act of 1965 (12 U.S.C. 1701s); section 
236(f)(2) rental assistance payments (12 U.S.C. 1715z– 
1(f)(2)); project rental assistance contracts for the elderly 
under section 202(c)(2) of the Housing Act of 1959 (12 
U.S.C. 1701q); project rental assistance contracts for sup-
portive housing for persons with disabilities under section 
811(d)(2) of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 8013(d)(2)); project assistance con-
310 
† HR 2112 EAS 
tracts pursuant to section 202(h) of the Housing Act of 1959 
(Public Law 86–372; 73 Stat. 667); and loans under section 
202 of the Housing Act of 1959 (Public Law 86–372; 73 
Stat. 667): Provided further, That amounts recaptured 
under this heading may be used for renewals of or amend-
ments to section 8 project-based contracts or for perform-
ance-based contract administrators, notwithstanding the 
purposes for which such amounts were appropriated. 
HOUSING FOR THE ELDERLY 
For capital advances, including amendments to cap-
ital advance contracts, for housing for the elderly, as au-
thorized by section 202 of the Housing Act of 1959, as 
amended, and for project rental assistance for the elderly 
under section 202(c)(2) of such Act, including amendments 
to contracts for such assistance and renewal of expiring con-
tracts for such assistance for up to a 1-year term, and for 
senior preservation rental assistance contracts, as author-
ized by section 811(e) of the American Housing and Eco-
nomic Opportunity Act of 2000, as amended, and for sup-
portive services associated with the housing, $369,627,000 
to remain available until September 30, 2015: Provided, 
That of the amount provided under this heading, up to 
$91,000,000 shall be for service coordinators and the con-
tinuation of existing congregate service grants for residents 
of assisted housing projects, and of which up to $20,000,000
311 
† HR 2112 EAS 
shall be for grants under section 202b of the Housing Act 
of 1959 (12 U.S.C. 1701q–2) for conversion of eligible 
projects under such section to assisted living, service-en-
riched housing, or related use for substantial and emergency 
repairs as determined by the Secretary: Provided further, 
That amounts under this heading shall be available for Real 
Estate Assessment Center inspections and inspection-related 
activities associated with section 202 capital advance 
projects: Provided further, That the Secretary may waive 
the provisions of section 202 governing the terms and condi-
tions of project rental assistance, except that the initial con-
tract term for such assistance shall not exceed 5 years in 
duration. 
HOUSING FOR PERSONS WITH DISABILITIES 
For capital advance contracts, including amendments 
to capital advance contracts, for supportive housing for per-
sons with disabilities, as authorized by section 811 of the 
Cranston-Gonzalez National Affordable Housing Act (42 
U.S.C. 8013) and for project rental assistance for sup-
portive housing for persons with disabilities under section 
811(d)(2) of such Act, including amendments to contracts 
for such assistance and renewal of expiring contracts for 
such assistance for up to a 1-year term, and for supportive 
services associated with the housing for persons with dis-
abilities as authorized by section 811(b)(1) of such Act,
312 
† HR 2112 EAS 
$150,000,000 to remain available until September 30, 2015: 
Provided, That the Secretary may waive the provisions of 
section 811 governing the terms and conditions of project 
rental assistance, except that the initial contract term for 
such assistance shall not exceed 5 years in duration: Pro-
vided further, That amounts made available under this 
heading shall be available for Real Estate Assessment Cen-
ter inspections and inspection-related activities associated 
with section 811 Capital Advance Projects: Provided fur-
ther, That the Secretary shall conduct a demonstration pro-
gram to make available funds provided under this heading 
for project rental assistance to State housing finance agen-
cies and other appropriate entities as authorized under sec-
tion 811(b)(3) of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 8013(b)(3)). 
HOUSING COUNSELING ASSISTANCE 
For contracts, grants, and other assistance excluding 
loans, as authorized under section 106 of the Housing and 
Urban Development Act of 1968, as amended, $60,000,000, 
including up to $2,500,000 for administrative contract 
services, to remain available until September 30, 2012: Pro-
vided, That grants made available from amounts provided 
under this heading shall be awarded within 120 days of 
enactment of this Act: Provided further, That funds shall 
be used for providing counseling and advice to tenants and
313 
† HR 2112 EAS 
homeowners, both current and prospective, with respect to 
property maintenance, financial management/literacy, and 
such other matters as may be appropriate to assist them 
in improving their housing conditions, meeting their finan-
cial needs, and fulfilling the responsibilities of tenancy or 
homeownership; for program administration; and for hous-
ing counselor training. 
OTHER ASSISTED HOUSING PROGRAMS 
RENTAL HOUSING ASSISTANCE 
For amendments to or extensions for up to 1 year of 
contracts under section 101 of the Housing and Urban De-
velopment Act of 1965 (12 U.S.C. 1701s) and section 
236(f)(2) of the National Housing Act (12 U.S.C. 1715z– 
1) in State-aided, noninsured rental housing projects, 
$1,300,000, to remain available until expended. 
RENT SUPPLEMENT 
(RESCISSION) 
Of the amounts recaptured from terminated contracts 
under section 101 of the Housing and Urban Development 
Act of 1965 (12 U.S.C. 1701s) and section 236 of the Na-
tional Housing Act (12 U.S.C. 1715z–1) $231,600,000 are 
rescinded: Provided, That no amounts may be rescinded 
from amounts that were designated by the Congress as an 
emergency requirement pursuant to the Concurrent Resolu-
314 
† HR 2112 EAS 
tion on the Budget or the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended. 
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND 
For necessary expenses as authorized by the National 
Manufactured Housing Construction and Safety Standards 
Act of 1974 (42 U.S.C. 5401 et seq.), up to $9,000,000, to 
remain available until expended, of which $4,000,000 is to 
be derived from the Manufactured Housing Fees Trust 
Fund: Provided, That not to exceed the total amount appro-
priated under this heading shall be available from the gen-
eral fund of the Treasury to the extent necessary to incur 
obligations and make expenditures pending the receipt of 
collections to the Fund pursuant to section 620 of such Act: 
Provided further, That the amount made available under 
this heading from the general fund shall be reduced as such 
collections are received during fiscal year 2011 so as to re-
sult in a final fiscal year 2011 appropriation from the gen-
eral fund estimated at not more than $5,000,000 and fees 
pursuant to such section 620 shall be modified as necessary 
to ensure such a final fiscal year 2011 appropriation: Pro-
vided further, That for the dispute resolution and installa-
tion programs, the Secretary of Housing and Urban Devel-
opment may assess and collect fees from any program par-
ticipant: Provided further, That such collections shall be de-
posited into the Fund, and the Secretary, as provided here-
315 
† HR 2112 EAS 
in, may use such collections, as well as fees collected under 
section 620, for necessary expenses of such Act: Provided 
further, That notwithstanding the requirements of section 
620 of such Act, the Secretary may carry out responsibil-
ities of the Secretary under such Act through the use of ap-
proved service providers that are paid directly by the recipi-
ents of their services. 
FEDERAL HOUSING ADMINISTRATION 
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
New commitments to guarantee single family loans in-
sured under the Mutual Mortgage Insurance Fund shall not 
exceed $400,000,000,000, to remain available until Sep-
tember 30, 2013: Provided, That during fiscal year 2012, 
obligations to make direct loans to carry out the purposes 
of section 204(g) of the National Housing Act, as amended, 
shall not exceed $50,000,000: Provided further, That the 
foregoing amount in the previous proviso shall be for loans 
to nonprofit and governmental entities in connection with 
sales of single family real properties owned by the Secretary 
and formerly insured under the Mutual Mortgage Insurance 
Fund. For administrative contract expenses of the Federal 
Housing Administration, $206,586,000, to remain avail-
able until September 30, 2013, of which up to $70,652,000 
may be transferred to and merged with the Working Capital
316 
† HR 2112 EAS 
Fund: Provided further, That to the extent guaranteed loan 
commitments exceed $200,000,000,000 on or before April 1, 
2012, an additional $1,400 for administrative contract ex-
penses shall be available for each $1,000,000 in additional 
guaranteed loan commitments (including a pro rata 
amount for any amount below $1,000,000), but in no case 
shall funds made available by this proviso exceed 
$30,000,000. 
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT 
During fiscal year 2012, commitments to guarantee 
loans incurred under the General and Special Risk Insur-
ance Funds, as authorized by sections 238 and 519 of the 
National Housing Act (12 U.S.C. 1715z–3 and 1735c), shall 
not exceed $25,000,000,000 in total loan principal, any 
part of which is to be guaranteed. 
Gross obligations for the principal amount of direct 
loans, as authorized by sections 204(g), 207(l), 238, and 
519(a) of the National Housing Act, shall not exceed 
$20,000,000, which shall be for loans to nonprofit and gov-
ernmental entities in connection with the sale of single fam-
ily real properties owned by the Secretary and formerly in-
sured under such Act.
317 
† HR 2112 EAS 
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION 
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN 
GUARANTEE PROGRAM ACCOUNT 
New commitments to issue guarantees to carry out the 
purposes of section 306 of the National Housing Act, as 
amended 
(12 
U.S.C. 
1721(g)), 
shall 
not 
exceed 
$500,000,000,000, to remain available until September 30, 
2013: Provided, That $20,000,000 shall be available for per-
sonnel compensation and benefits, and other administrative 
expenses of the Government National Mortgage Association: 
Provided further, That to the extent that guaranteed loan 
commitments will and do exceed $300,000,000,000, an ad-
ditional $100 for personnel compensation and benefits, and 
administrative expenses shall be available until expended 
for each $1,000,000 in additional guaranteed loan commit-
ments (including a pro rata amount for any amount below 
$1,000,000): Provided further, That receipts from Commit-
ment and Multiclass fees collected pursuant to title III of 
the National Housing Act, as amended, shall be credited 
as offsetting collections to this account. 
POLICY DEVELOPMENT AND RESEARCH 
RESEARCH AND TECHNOLOGY 
For contracts, grants, and necessary expenses of pro-
grams of research and studies relating to housing and 
urban problems, not otherwise provided for, as authorized
318 
† HR 2112 EAS 
by title V of the Housing and Urban Development Act of 
1970 (12 U.S.C. 1701z–1 et seq.), including carrying out 
the functions of the Secretary of Housing and Urban Devel-
opment under section 1(a)(1)(i) of Reorganization Plan No. 
2 of 1968, $45,825,000, to remain available until September 
30, 2013: Provided, That with respect to amounts made 
available under this heading, notwithstanding section 204 
of this title, the Secretary may enter into cooperative agree-
ments funded with philanthropic entities, other Federal 
agencies, or State or local governments and their agencies 
for research projects: Provided further, That with respect 
to the previous proviso, such partners to the cooperative 
agreements must contribute at least a 50 percent match to-
ward the cost of the project: Provided further, That for non- 
competitive agreements entered into in accordance with the 
previous two provisos, the Secretary of Housing and Urban 
Development shall comply with section 2(b) of the Federal 
Funding Accountability and Transparency Act of 2006 
(Public Law 109–282, 31 U.S.C. note) in lieu of compliance 
with section 102(a)(4)(C) with respect to documentation of 
award decisions. 
FAIR HOUSING AND EQUAL OPPORTUNITY 
FAIR HOUSING ACTIVITIES 
For contracts, grants, and other assistance, not other-
wise provided for, as authorized by title VIII of the Civil
319 
† HR 2112 EAS 
Rights Act of 1968, as amended by the Fair Housing 
Amendments Act of 1988, and section 561 of the Housing 
and Community Development Act of 1987, as amended, 
$70,847,000, to remain available until September 30, 2013, 
of which $42,500,000 shall be to carry out activities pursu-
ant to such section 561: Provided, That notwithstanding 31 
U.S.C. 3302, the Secretary may assess and collect fees to 
cover the costs of the Fair Housing Training Academy, and 
may use such funds to provide such training: Provided fur-
ther, That no funds made available under this heading shall 
be used to lobby the executive or legislative branches of the 
Federal Government in connection with a specific contract, 
grant or loan: Provided further, That of the funds made 
available under this heading, $300,000 shall be available 
to the Secretary of Housing and Urban Development for 
the creation and promotion of translated materials and 
other programs that support the assistance of persons with 
limited English proficiency in utilizing the services pro-
vided by the Department of Housing and Urban Develop-
ment. 
OFFICE OF HEALTHY HOMES AND LEAD HAZARD 
CONTROL 
LEAD HAZARD REDUCTION 
For the Lead Hazard Reduction Program, as author-
ized by section 1011 of the Residential Lead-Based Paint
320 
† HR 2112 EAS 
Hazard Reduction Act of 1992, $120,000,000, to remain 
available until September 30, 2013, pursuant to sections 
501 and 502 of the Housing and Urban Development Act 
of 1970 that shall include research, studies, testing, and 
demonstration efforts, including education and outreach 
concerning lead-based paint poisoning and other housing- 
related diseases and hazards: Provided, That for purposes 
of environmental review, pursuant to the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
other provisions of the law that further the purposes of such 
Act, a grant under the Healthy Homes Initiative, Oper-
ation Lead Elimination Action Plan (LEAP), or the Lead 
Technical Studies program under this heading or under 
prior appropriations Acts for such purposes under this 
heading, shall be considered to be funds for a special project 
for purposes of section 305(c) of the Multifamily Housing 
Property Disposition Reform Act of 1994: Provided further, 
That of the total amount made available under this head-
ing, $45,000,000 shall be made available on a competitive 
basis for areas with the highest lead paint abatement needs: 
Provided further, That each recipient of funds provided 
under the second proviso shall make a matching contribu-
tion in an amount not less than 25 percent: Provided fur-
ther, That the Secretary may waive the matching require-
ment cited in the preceding proviso on a case by case basis
321 
† HR 2112 EAS 
if the Secretary determines that such a waiver is necessary 
to advance the purposes of this program: Provided further, 
That each applicant shall submit a detailed plan and strat-
egy that demonstrates adequate capacity that is acceptable 
to the Secretary to carry out the proposed use of funds pur-
suant to a notice of funding availability: Provided further, 
That amounts made available under this heading in this 
or prior appropriations Acts, and that still remain avail-
able, may be used for any purpose under this heading not-
withstanding the purpose for which such amounts were ap-
propriated if a program competition is undersubscribed 
and there are other program competitions under this head-
ing that are oversubscribed. 
WORKING CAPITAL FUND 
For additional capital for the Working Capital Fund 
(42 U.S.C. 3535) for the maintenance of infrastructure for 
Department-wide information technology systems, for the 
continuing operation and maintenance of both Department- 
wide and program-specific information systems, and for 
program-related maintenance activities, $192,475,000, to 
remain available until September 30, 2013: Provided, That 
any amounts transferred to this Fund under this Act shall 
remain available until expended: Provided further, That 
any amounts transferred to this Fund from amounts appro-
priated by previously enacted appropriations Acts may be
322 
† HR 2112 EAS 
used for the purposes specified under this Fund, in addition 
to any other information technology the purposes for which 
such amounts were appropriated: Provided further, That 
not more than 25 percent of the funds made available under 
this heading for Development, Modernization and Enhance-
ment, including development and deployment of a Next 
Generation of Voucher Management System and develop-
ment and deployment of modernized Federal Housing Ad-
ministration systems may be obligated until the Secretary 
submits to the Committees on Appropriations a plan for 
expenditure that—(A) identifies for each modernization 
project: (i) the functional and performance capabilities to 
be delivered and the mission benefits to be realized, (ii) the 
estimated life-cycle cost, and (iii) key milestones to be met; 
(B) demonstrates that each modernization project is: (i) 
compliant with the department’s enterprise architecture, 
(ii) being managed in accordance with applicable life-cycle 
management policies and guidance, (iii) subject to the de-
partment’s capital planning and investment control re-
quirements, and (iv) supported by an adequately staffed 
project office; and (C) has been reviewed by the Government 
Accountability Office. 
OFFICE OF INSPECTOR GENERAL 
For necessary salaries and expenses of the Office of In-
spector General in carrying out the Inspector General Act
323 
† HR 2112 EAS 
of 1978, as amended, $124,750,000: Provided, That the In-
spector General shall have independent authority over all 
personnel issues within this office. 
TRANSFORMATION INITIATIVE 
(INCLUDING TRANSFER OF FUNDS) 
Of the amounts made available in this Act under each 
of the following headings under this title, the Secretary may 
transfer to, and merge with, this account up to 0.5 percent 
from each such account, and such transferred amounts shall 
be available until September 30, 2014, for: (1) research, 
evaluation, and program metrics; (2) program demonstra-
tions; and (3) technical assistance and capacity building: 
‘‘Choice Neighborhoods Initiative’’, ‘‘Housing Opportunities 
for Persons With AIDS’’, ‘‘Community Development 
Fund’’, ‘‘HOME Investment Partnerships Program’’, ‘‘Self- 
Help and Assisted Homeownership Opportunity Program’’, 
‘‘Homeless Assistance Grants’’, ‘‘Housing for the Elderly’’, 
‘‘Housing for Persons With Disabilities’’, ‘‘Housing Coun-
seling Assistance’’, ‘‘Payment to Manufactured Housing 
Fees Trust Fund’’, ‘‘Mutual Mortgage Insurance Program 
Account’’, ‘‘Lead Hazard Reduction’’, ‘‘Rental Housing As-
sistance’’, and ‘‘Fair Housing Activities’’: Provided, That 
of the amounts made available under this paragraph, not 
less than $45,000,000 shall be available for technical assist-
ance and capacity building: Provided further, That tech-
324 
† HR 2112 EAS 
nical assistance activities shall include, technical assistance 
for HUD programs, including HOME, Community Devel-
opment Block Grant, homeless programs, HOPWA, HOPE 
VI, Public Housing, the Housing Choice Voucher Program, 
Fair Housing Initiative Program, Housing Counseling, 
Healthy Homes, Sustainable Communities, and other tech-
nical assistance as determined by the Secretary: Provided 
further, That the Secretary shall submit a plan to the House 
and Senate Committees on Appropriations for approval de-
tailing how the funding provided under this heading will 
be allocated to each of the four categories identified under 
this heading and for what projects or activities funding will 
be used: Provided further, That following the initial ap-
proval of this plan, the Secretary may amend the plan with 
the approval of the House and Senate Committees on Ap-
propriations: Provided further, That with respect to 
amounts made available under this heading for research, 
evaluation, program metrics, and program demonstrations, 
notwithstanding section 204 of this title, the Secretary may 
make grants or enter into cooperative agreements that in-
clude a substantial match contribution. 
GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT 
SEC. 201. Fifty percent of the amounts of budget au-
thority, or in lieu thereof 50 percent of the cash amounts
325 
† HR 2112 EAS 
associated with such budget authority, that are recaptured 
from projects described in section 1012(a) of the Stewart 
B. McKinney Homeless Assistance Amendments Act of 1988 
(42 U.S.C. 1437 note) shall be rescinded or in the case of 
cash, shall be remitted to the Treasury, and such amounts 
of budget authority or cash recaptured and not rescinded 
or remitted to the Treasury shall be used by State housing 
finance agencies or local governments or local housing agen-
cies with projects approved by the Secretary of Housing and 
Urban Development for which settlement occurred after 
January 1, 1992, in accordance with such section. Notwith-
standing the previous sentence, the Secretary may award 
up to 15 percent of the budget authority or cash recaptured 
and not rescinded or remitted to the Treasury to provide 
project owners with incentives to refinance their project at 
a lower interest rate. 
SEC. 202. None of the amounts made available under 
this Act may be used during fiscal year 2012 to investigate 
or prosecute under the Fair Housing Act any otherwise law-
ful activity engaged in by one or more persons, including 
the filing or maintaining of a nonfrivolous legal action, 
that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a 
court of competent jurisdiction.
326 
† HR 2112 EAS 
SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of 
the 
AIDS 
Housing 
Opportunity 
Act 
(42 
U.S.C. 
12903(c)(1)(A)), from any amounts made available under 
this title for fiscal year 2012 that are allocated under such 
section, the Secretary of Housing and Urban Development 
shall allocate and make a grant, in the amount determined 
under subsection (b), for any State that— 
(1) received an allocation in a prior fiscal year 
under clause (ii) of such section; and 
(2) is not otherwise eligible for an allocation for 
fiscal year 2012 under such clause (ii) because the 
areas in the State outside of the metropolitan statis-
tical areas that qualify under clause (i) in fiscal year 
2011 do not have the number of cases of acquired im-
munodeficiency syndrome (AIDS) required under 
such clause. 
(b) The amount of the allocation and grant for any 
State described in subsection (a) shall be an amount based 
on the cumulative number of AIDS cases in the areas of 
that State that are outside of metropolitan statistical areas 
that qualify under clause (i) of such section 854(c)(1)(A) 
in fiscal year 2012, in proportion to AIDS cases among 
cities and States that qualify under clauses (i) and (ii) of 
such section and States deemed eligible under subsection 
(a).
327 
† HR 2112 EAS 
(c) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2012 under section 854(c) 
of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)), to the city of New York, New York, on behalf 
of the New York-Wayne-White Plains, New York-New Jersey 
Metropolitan Division (hereafter ‘‘metropolitan division’’) 
of the New York-Newark-Edison, NY–NJ–PA Metropolitan 
Statistical Area, shall be adjusted by the Secretary of Hous-
ing and Urban Development by: 
(1) allocating to the city of Jersey City, New 
Jersey, the proportion of the metropolitan area’s or 
division’s amount that is based on the number of 
cases of AIDS reported in the portion of the metro-
politan area or division that is located in Hudson 
County, New Jersey, and adjusting for the proportion 
of the metropolitan division’s high-incidence bonus if 
this area in New Jersey also has a higher than aver-
age per capita incidence of AIDS; and 
(2) allocating to the city of Paterson, New Jer-
sey, the proportion of the metropolitan area’s or divi-
sion’s amount that is based on the number of cases of 
AIDS reported in the portion of the metropolitan 
area or division that is located in Bergen County and 
Passaic County, New Jersey, and adjusting for the 
proportion of the metropolitan division’s high inci-
328 
† HR 2112 EAS 
dence bonus if this area in New Jersey also has a 
higher than average per capita incidence of AIDS. 
The recipient cities shall use amounts allocated under 
this subsection to carry out eligible activities under 
section 855 of the AIDS Housing Opportunity Act 
(42 U.S.C. 12904) in their respective portions of the 
metropolitan division that is located in New Jersey. 
(d) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2012 under section 854(c) 
of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) 
to areas with a higher than average per capita incidence 
of AIDS, shall be adjusted by the Secretary on the basis 
of area incidence reported over a 3-year period. 
SEC. 204. Except as explicitly provided in law, any 
grant, cooperative agreement or other assistance made pur-
suant to title II of this Act shall be made on a competitive 
basis and in accordance with section 102 of the Department 
of Housing and Urban Development Reform Act of 1989 
(42 U.S.C. 3545). 
SEC. 205. Funds of the Department of Housing and 
Urban Development subject to the Government Corporation 
Control Act or section 402 of the Housing Act of 1950 shall 
be available, without regard to the limitations on adminis-
trative expenses, for legal services on a contract or fee basis, 
and for utilizing and making payment for services and fa-
329 
† HR 2112 EAS 
cilities of the Federal National Mortgage Association, Gov-
ernment National Mortgage Association, Federal Home 
Loan Mortgage Corporation, Federal Financing Bank, Fed-
eral Reserve banks or any member thereof, Federal Home 
Loan banks, and any insured bank within the meaning of 
the Federal Deposit Insurance Corporation Act, as amended 
(12 U.S.C. 1811–1). 
SEC. 206. Unless otherwise provided for in this Act 
or through a reprogramming of funds, no part of any ap-
propriation for the Department of Housing and Urban De-
velopment shall be available for any program, project or 
activity in excess of amounts set forth in the budget esti-
mates submitted to Congress. 
SEC. 207. Corporations and agencies of the Depart-
ment of Housing and Urban Development which are subject 
to the Government Corporation Control Act are hereby au-
thorized to make such expenditures, within the limits of 
funds and borrowing authority available to each such cor-
poration or agency and in accordance with law, and to 
make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of such 
Act as may be necessary in carrying out the programs set 
forth in the budget for 2012 for such corporation or agency 
except as hereinafter provided: Provided, That collections 
of these corporations and agencies may be used for new loan
330 
† HR 2112 EAS 
or mortgage purchase commitments only to the extent ex-
pressly provided for in this Act (unless such loans are in 
support of other forms of assistance provided for in this or 
prior appropriations Acts), except that this proviso shall 
not apply to the mortgage insurance or guaranty operations 
of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United 
States Government. 
SEC. 208. The Secretary of Housing and Urban Devel-
opment shall provide quarterly reports to the House and 
Senate Committees on Appropriations regarding all uncom-
mitted, unobligated, recaptured and excess funds in each 
program and activity within the jurisdiction of the Depart-
ment and shall submit additional, updated budget informa-
tion to these Committees upon request. 
SEC. 209. (a) Notwithstanding any other provision of 
law, the amount allocated for fiscal year 2012 under section 
854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)), to the city of Wilmington, Delaware, on behalf 
of the Wilmington, Delaware-Maryland-New Jersey Metro-
politan Division (hereafter ‘‘metropolitan division’’), shall 
be adjusted by the Secretary of Housing and Urban Devel-
opment by allocating to the State of New Jersey the propor-
tion of the metropolitan division’s amount that is based on 
the number of cases of AIDS reported in the portion of the
331 
† HR 2112 EAS 
metropolitan division that is located in New Jersey, and 
adjusting for the proportion of the metropolitan division’s 
high incidence bonus if this area in New Jersey also has 
a higher than average per capita incidence of AIDS. The 
State of New Jersey shall use amounts allocated to the State 
under this subsection to carry out eligible activities under 
section 855 of the AIDS Housing Opportunity Act (42 
U.S.C. 12904) in the portion of the metropolitan division 
that is located in New Jersey. 
(b) Notwithstanding any other provision of law, the 
Secretary of Housing and Urban Development shall allocate 
to Wake County, North Carolina, the amounts that other-
wise would be allocated for fiscal year 2012 under section 
854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)) to the city of Raleigh, North Carolina, on behalf 
of the Raleigh-Cary North Carolina Metropolitan Statis-
tical Area. Any amounts allocated to Wake County shall 
be used to carry out eligible activities under section 855 
of such Act (42 U.S.C. 12904) within such metropolitan sta-
tistical area. 
(c) Notwithstanding section 854(c) of the AIDS Hous-
ing Opportunity Act (42 U.S.C. 12903(c)), the Secretary 
of Housing and Urban Development may adjust the alloca-
tion of the amounts that otherwise would be allocated for 
fiscal year 2012 under section 854(c) of such Act, upon the
332 
† HR 2112 EAS 
written request of an applicant, in conjunction with the 
State(s), for a formula allocation on behalf of a metropoli-
tan statistical area, to designate the State or States in 
which the metropolitan statistical area is located as the eli-
gible grantee(s) of the allocation. In the case that a metro-
politan statistical area involves more than one State, such 
amounts allocated to each State shall be in proportion to 
the number of cases of AIDS reported in the portion of the 
metropolitan statistical area located in that State. Any 
amounts allocated to a State under this section shall be used 
to carry out eligible activities within the portion of the met-
ropolitan statistical area located in that State. 
SEC. 210. The President’s formal budget request for fis-
cal year 2013, as well as the Department of Housing and 
Urban Development’s congressional budget justifications to 
be submitted to the Committees on Appropriations of the 
House of Representatives and the Senate, shall use the iden-
tical account and sub-account structure provided under this 
Act. 
SEC. 211. A public housing agency or such other entity 
that administers Federal housing assistance for the Housing 
Authority of the county of Los Angeles, California, the 
States of Alaska, Iowa, and Mississippi shall not be re-
quired to include a resident of public housing or a recipient 
of assistance provided under section 8 of the United States
333 
† HR 2112 EAS 
Housing Act of 1937 on the board of directors or a similar 
governing board of such agency or entity as required under 
section (2)(b) of such Act. Each public housing agency or 
other entity that administers Federal housing assistance 
under section 8 for the Housing Authority of the county 
of Los Angeles, California and the States of Alaska, Iowa 
and Mississippi that chooses not to include a resident of 
public housing or a recipient of section 8 assistance on the 
board of directors or a similar governing board shall estab-
lish an advisory board of not less than six residents of pub-
lic housing or recipients of section 8 assistance to provide 
advice and comment to the public housing agency or other 
administering entity on issues related to public housing and 
section 8. Such advisory board shall meet not less than 
quarterly. 
SEC. 212. (a) Notwithstanding any other provision of 
law, subject to the conditions listed in subsection (b), for 
fiscal years 2012 and 2013, the Secretary of Housing and 
Urban Development may authorize the transfer of some or 
all project-based assistance, debt and statutorily required 
low-income and very low-income use restrictions, associated 
with one or more multifamily housing project to another 
multifamily housing project or projects. 
(b) PHASED TRANSFERS.—Transfers of project-based 
assistance under this section may be done in phases to ac-
334 
† HR 2112 EAS 
commodate the financing and other requirements related to 
rehabilitating or constructing the project or projects to 
which the assistance is transferred, to ensure that such 
project or projects meet the standards under section (c). 
(c) The transfer authorized in subsection (a) is subject 
to the following conditions: 
(1) NUMBER AND BEDROOM SIZE OF UNITS.— 
(A) For occupied units in the transferring 
project: the number of low-income and very low- 
income units and the configuration (i.e. bedroom 
size) provided by the transferring project shall be 
no less than when transferred to the receiving 
project or projects and the net dollar amount of 
Federal assistance provided by the transferring 
project shall remain the same in the receiving 
project or projects. 
(B) For unoccupied units in the transfer-
ring project: the Secretary may authorize a re-
duction in the number of dwelling units in the 
receiving project or projects to allow for a recon-
figuration of bedroom sizes to meet current mar-
ket demands, as determined by the Secretary and 
provided there is no increase in the project-based 
section 8 budget authority.
335 
† HR 2112 EAS 
(2) The transferring project shall, as determined 
by the Secretary, be either physically obsolete or eco-
nomically nonviable. 
(3) The receiving project or projects shall meet or 
exceed applicable physical standards established by 
the Secretary. 
(4) The owner or mortgagor of the transferring 
project shall notify and consult with the tenants re-
siding in the transferring project and provide a cer-
tification of approval by all appropriate local govern-
mental officials. 
(5) The tenants of the transferring project who 
remain eligible for assistance to be provided by the re-
ceiving project or projects shall not be required to va-
cate their units in the transferring project or projects 
until new units in the receiving project are available 
for occupancy. 
(6) The Secretary determines that this transfer is 
in the best interest of the tenants. 
(7) If either the transferring project or the re-
ceiving project or projects meets the condition speci-
fied in subsection (d)(2)(A), any lien on the receiving 
project resulting from additional financing obtained 
by the owner shall be subordinate to any FHA-in-
sured mortgage lien transferred to, or placed on, such
336 
† HR 2112 EAS 
project by the Secretary, except that the Secretary 
may waive this requirement upon determination that 
such a waiver is necessary to facilitate the financing 
of acquisition, construction, and/or rehabilitation of 
the receiving project or projects. 
(8) If the transferring project meets the require-
ments of subsection (c)(2)(E), the owner or mortgagor 
of the receiving project or projects shall execute and 
record either a continuation of the existing use agree-
ment or a new use agreement for the project where, 
in either case, any use restrictions in such agreement 
are of no lesser duration than the existing use restric-
tions. 
(d) For purposes of this section— 
(1) the terms ‘‘low-income’’ and ‘‘very low-in-
come’’ shall have the meanings provided by the statute 
and/or regulations governing the program under 
which the project is insured or assisted; 
(2) the term ‘‘multifamily housing project’’ 
means housing that meets one of the following condi-
tions— 
(A) housing that is subject to a mortgage 
insured under the National Housing Act; 
(B) housing that has project-based assist-
ance attached to the structure including projects
337 
† HR 2112 EAS 
undergoing mark to market debt restructuring 
under the Multifamily Assisted Housing Reform 
and Affordability Housing Act; 
(C) housing that is assisted under section 
202 of the Housing Act of 1959 as amended by 
section 801 of the Cranston-Gonzales National 
Affordable Housing Act; 
(D) housing that is assisted under section 
202 of the Housing Act of 1959, as such section 
existed before the enactment of the Cranston- 
Gonzales National Affordable Housing Act; or 
(E) housing or vacant land that is subject 
to a use agreement; 
(3) the term ‘‘project-based assistance’’ means— 
(A) assistance provided under section 8(b) 
of the United States Housing Act of 1937; 
(B) assistance for housing constructed or 
substantially rehabilitated pursuant to assistance 
provided under section 8(b)(2) of such Act (as 
such section existed immediately before October 
1, 1983); 
(C) rent supplement payments under sec-
tion 101 of the Housing and Urban Development 
Act of 1965;
338 
† HR 2112 EAS 
(D) interest reduction payments under sec-
tion 236 and/or additional assistance payments 
under section 236(f)(2) of the National Housing 
Act; 
(E) assistance payments made under sec-
tion 202(c)(2) of the Housing Act of 1959; and 
(F) assistance payments made under section 
811(d)(2) of the Housing Act of 1959; 
(4) the term ‘‘receiving project or projects’’ 
means the multifamily housing project or projects to 
which some or all of the project-based assistance, debt, 
and statutorily required use low-income and very 
low-income restrictions are to be transferred; 
(5) the term ‘‘transferring project’’ means the 
multifamily housing project which is transferring 
some or all of the project-based assistance, debt and 
the statutorily required low-income and very low-in-
come use restrictions to the receiving project or 
projects; and 
(6) the term ‘‘Secretary’’ means the Secretary of 
Housing and Urban Development. 
SEC. 213. The funds made available for Native Alas-
kans under the heading ‘‘Native American Housing Block 
Grants’’ in title III of this Act shall be allocated to the same
339 
† HR 2112 EAS 
Native Alaskan housing block grant recipients that received 
funds in fiscal year 2005. 
SEC. 214. No funds provided under this title may be 
used for an audit of the Government National Mortgage As-
sociation that makes applicable requirements under the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 
SEC. 215. (a) No assistance shall be provided under 
section 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f) to any individual who— 
(1) is enrolled as a student at an institution of 
higher education (as defined under section 102 of the 
Higher Education Act of 1965 (20 U.S.C. 1002)); 
(2) is under 24 years of age; 
(3) is not a veteran; 
(4) is unmarried; 
(5) does not have a dependent child; 
(6) is not a person with disabilities, as such 
term is defined in section 3(b)(3)(E) of the United 
States 
Housing 
Act 
of 
1937 
(42 
U.S.C. 
1437a(b)(3)(E)) and was not receiving assistance 
under such section 8 as of November 30, 2005; and 
(7) is not otherwise individually eligible, or has 
parents who, individually or jointly, are not eligible, 
to receive assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f).
340 
† HR 2112 EAS 
(b) For purposes of determining the eligibility of a per-
son to receive assistance under section 8 of the United States 
Housing Act of 1937 (42 U.S.C. 1437f), any financial as-
sistance (in excess of amounts received for tuition) that an 
individual receives under the Higher Education Act of 1965 
(20 U.S.C. 1001 et seq.), from private sources, or an institu-
tion of higher education (as defined under the Higher Edu-
cation Act of 1965 (20 U.S.C. 1002)), shall be considered 
income to that individual, except for a person over the age 
of 23 with dependent children. 
SEC. 216. Notwithstanding the limitation in the first 
sentence of section 255(g) of the National Housing Act (12 
U.S.C. 1715z–g), the Secretary of Housing and Urban De-
velopment may, until September 30, 2012, insure and enter 
into commitments to insure mortgages under section 255(g) 
of the National Housing Act (12 U.S.C. 1715z–20). 
SEC. 217. Notwithstanding any other provision of law, 
in fiscal year 2011, in managing and disposing of any mul-
tifamily property that is owned or has a mortgage held by 
the Secretary of Housing and Urban Development, and dur-
ing the process of foreclosure on any property with a con-
tract for rental assistance payments under section 8 of the 
United States Housing Act of 1937 or other Federal pro-
grams, the Secretary shall maintain any rental assistance 
payments under section 8 of the United States Housing Act
341 
† HR 2112 EAS 
of 1937 and other programs that are attached to any dwell-
ing units in the property. To the extent the Secretary deter-
mines, in consultation with the tenants and the local gov-
ernment, that such a multifamily property owned or held 
by the Secretary is not feasible for continued rental assist-
ance payments under such section 8 or other programs, 
based on consideration of (1) the costs of rehabilitating and 
operating the property and all available Federal, State, and 
local resources, including rent adjustments under section 
524 of the Multifamily Assisted Housing Reform and Af-
fordability Act of 1997 (‘‘MAHRAA’’) and (2) environ-
mental conditions that cannot be remedied in a cost-effec-
tive fashion, the Secretary may, in consultation with the 
tenants of that property, contract for project-based rental 
assistance payments with an owner or owners of other exist-
ing housing properties, or provide other rental assistance. 
The Secretary shall also take appropriate steps to ensure 
that project-based contracts remain in effect prior to fore-
closure, subject to the exercise of contractual abatement rem-
edies to assist relocation of tenants for imminent major 
threats to health and safety after written notice to and in-
formed consent of the affected tenants and use of other avail-
able remedies, such as partial abatements or receivership. 
After disposition of any multifamily property described 
under this section, the contract and allowable rent levels
342 
† HR 2112 EAS 
on such properties shall be subject to the requirements under 
section 524 of MAHRAA. 
SEC. 218. During fiscal year 2012, in the provision 
of rental assistance under section 8(o) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection 
with a program to demonstrate the economy and effective-
ness of providing such assistance for use in assisted living 
facilities that is carried out in the counties of the State of 
Michigan notwithstanding paragraphs (3) and (18)(B)(iii) 
of such section 8(o), a family residing in an assisted living 
facility in any such county, on behalf of which a public 
housing agency provides assistance pursuant to section 
8(o)(18) of such Act, may be required, at the time the family 
initially receives such assistance, to pay rent in an amount 
exceeding 40 percent of the monthly adjusted income of the 
family by such a percentage or amount as the Secretary 
of Housing and Urban Development determines to be ap-
propriate. 
SEC. 219. The Secretary of Housing and Urban Devel-
opment shall report quarterly to the House of Representa-
tives and Senate Committees on Appropriations on HUD’s 
use of all sole-source contracts, including terms of the con-
tracts, cost, and a substantive rationale for using a sole- 
source contract.
343 
† HR 2112 EAS 
SEC. 220. Notwithstanding any other provision of law, 
the recipient of a grant under section 202b of the Housing 
Act of 1959 (12 U.S.C. 1701q) after December 26, 2000, 
in accordance with the unnumbered paragraph at the end 
of section 202(b) of such Act, may, at its option, establish 
a single-asset nonprofit entity to own the project and may 
lend the grant funds to such entity, which may be a private 
nonprofit organization described in section 831 of the 
American Homeownership and Economic Opportunity Act 
of 2000. 
SEC. 221. (a) The amounts provided under the sub-
heading ‘‘Program Account’’ under the heading ‘‘Commu-
nity Development Loan Guarantees’’ may be used to guar-
antee, or make commitments to guarantee, notes, or other 
obligations issued by any State on behalf of nonentitlement 
communities in the State in accordance with the require-
ments of section 108 of the Housing and Community Devel-
opment Act of 1974 in fiscal year 2012 and subsequent 
years: Provided, That, any State receiving such a guarantee 
or commitment shall distribute all funds subject to such 
guarantee to the units of general local government in non-
entitlement areas that received the commitment. 
(b) Not later than 60 days after the date of enactment 
of this Act, the Secretary of Housing and Urban Develop-