142 
TITLE IV 
GENERAL PROVISIONS—THIS ACT 
SEC. 401. Such sums as may be necessary for fiscal 
year 2013 pay raises for programs funded in this Act shall 
be absorbed within the levels appropriated in this Act or 
previous appropriations Acts. 
SEC. 402. None of the funds in this Act shall be used 
for the planning or execution of any program to pay the 
expenses of, or otherwise compensate, non-Federal parties 
intervening in regulatory or adjudicatory proceedings 
funded in this Act. 
SEC. 403. None of the funds appropriated in this Act 
shall remain available for obligation beyond the current 
fiscal year, nor may any be transferred to other appropria-
tions, unless expressly so provided herein. 
SEC. 404. The expenditure of any appropriation 
under this Act for any consulting service through procure-
ment contract pursuant to section 3109 of title 5, United 
States Code, shall be limited to those contracts where such 
expenditures are a matter of public record and available 
for public inspection, except where otherwise provided 
under existing law, or under existing Executive order 
issued pursuant to existing law. 
SEC. 405. Except as otherwise provided in this Act, 
none of the funds provided in this Act, provided by pre-
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vious appropriations Acts to the agencies or entities fund-
ed in this Act that remain available for obligation or ex-
penditure in fiscal year 2013, or provided from any ac-
counts in the Treasury derived by the collection of fees 
and available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a re-
programming of funds that: 
(1) creates a new program; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any pro-
gram, project, or activity for which funds have been 
denied or restricted by the Congress; 
(4) proposes to use funds directed for a specific 
activity by either the House or Senate Committees 
on Appropriations for a different purpose; 
(5) augments existing programs, projects, or ac-
tivities in excess of $5,000,000 or 10 percent, which-
ever is less; 
(6) reduces existing programs, projects, or ac-
tivities by $5,000,000 or 10 percent, whichever is 
less; or 
(7) creates, reorganizes, or restructures a 
branch, division, office, bureau, board, commission, 
agency, administration, or department different from 
the budget justifications submitted to the Commit-
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tees on Appropriations or the table accompanying 
the explanatory statement accompanying this Act, 
whichever is more detailed, unless prior approval is 
received from the House and Senate Committees on 
Appropriations: Provided, That not later than 60 
days after the date of enactment of this Act, each 
agency funded by this Act shall submit a report to 
the Committees on Appropriations of the Senate and 
of the House of Representatives to establish the 
baseline for application of reprogramming and trans-
fer authorities for the current fiscal year: Provided 
further, That the report shall include: 
(A) a table for each appropriation with a 
separate column to display the President’s 
budget request, adjustments made by Congress, 
adjustments due to enacted rescissions, if ap-
propriate, and the fiscal year enacted level; 
(B) a delineation in the table for each ap-
propriation both by object class and program, 
project, and activity as detailed in the budget 
appendix for the respective appropriation; and 
(C) an identification of items of special 
congressional interest: Provided further, That 
the amount appropriated or limited for salaries 
and expenses for an agency shall be reduced by 
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$100,000 per day for each day after the re-
quired date that the report has not been sub-
mitted to the Congress. 
SEC. 406. Except as otherwise specifically provided 
by law, not to exceed 50 percent of unobligated balances 
remaining available at the end of fiscal year 2013 from 
appropriations made available for salaries and expenses 
for fiscal year 2013 in this Act, shall remain available 
through September 30, 2014, for each such account for 
the purposes authorized: Provided, That a request shall 
be submitted to the House and Senate Committees on Ap-
propriations for approval prior to the expenditure of such 
funds: Provided further, That these requests shall be made 
in compliance with reprogramming guidelines under sec-
tion 405 of this Act. 
SEC. 407. All Federal agencies and departments that 
are funded under this Act shall issue a report to the House 
and Senate Committees on Appropriations on all sole- 
source contracts by no later than July 30, 2013. Such re-
port shall include the contractor, the amount of the con-
tract and the rationale for using a sole-source contract. 
SEC. 408. (a) None of the funds made available in 
this Act may be obligated or expended for any employee 
training that— 
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146 
(1) does not meet identified needs for knowl-
edge, skills, and abilities bearing directly upon the 
performance of official duties; 
(2) contains elements likely to induce high lev-
els of emotional response or psychological stress in 
some participants; 
(3) does not require prior employee notification 
of the content and methods to be used in the train-
ing and written end of course evaluation; 
(4) contains any methods or content associated 
with religious or quasi-religious belief systems or 
‘‘new age’’ belief systems as defined in Equal Em-
ployment 
Opportunity 
Commission 
Notice 
N– 
915.022, dated September 2, 1988; or 
(5) is offensive to, or designed to change, par-
ticipants’ personal values or lifestyle outside the 
workplace. 
(b) Nothing in this section shall prohibit, restrict, or 
otherwise preclude an agency from conducting training 
bearing directly upon the performance of official duties. 
SEC. 409. No funds in this Act may be used to sup-
port any Federal, State, or local projects that seek to use 
the power of eminent domain, unless eminent domain is 
employed only for a public use: Provided, That for pur-
poses of this section, public use shall not be construed to 
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include economic development that primarily benefits pri-
vate entities: Provided further, That any use of funds for 
mass transit, railroad, airport, seaport or highway projects 
as well as utility projects which benefit or serve the gen-
eral public (including energy-related, communication-re-
lated, water-related and wastewater-related infrastruc-
ture), other structures designated for use by the general 
public or which have other common-carrier or public-util-
ity functions that serve the general public and are subject 
to regulation and oversight by the government, and 
projects for the removal of an immediate threat to public 
health and safety or brownfields as defined in the Small 
Business Liability Relief and Brownfields Revitalization 
Act (Public Law 107–118) shall be considered a public 
use for purposes of eminent domain. 
SEC. 410. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act. 
SEC. 411. No part of any appropriation contained in 
this Act shall be available to pay the salary for any person 
filling a position, other than a temporary position, for-
merly held by an employee who has left to enter the Armed 
Forces of the United States and has satisfactorily com-
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pleted his period of active military or naval service, and 
has within 90 days after his release from such service or 
from hospitalization continuing after discharge for a pe-
riod of not more than 1 year, made application for restora-
tion to his former position and has been certified by the 
Office of Personnel Management as still qualified to per-
form the duties of his former position and has not been 
restored thereto. 
SEC. 412. No funds appropriated pursuant to this 
Act may be expended by an entity unless the entity agrees 
that in expending the assistance the entity will comply 
with sections 2 through 4 of the Act of March 3, 1933 
(41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer-
ican Act’’). 
SEC. 413. No funds appropriated or otherwise made 
available under this Act shall be made available to any 
person or entity that has been convicted of violating the 
Buy American Act (41 U.S.C. 10a–10c). 
SEC. 414. None of the funds made available in this 
Act may be used for first-class airline accommodations in 
contravention of sections 301–10.122 and 301–10.123 of 
title 41, Code of Federal Regulations. 
SEC. 415. None of the funds made available under 
this Act or any prior Act may be provided to the Associa-
tion of Community Organizations for Reform Now 
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(ACORN), or any of its affiliates, subsidiaries, or allied 
organizations. 
SEC. 416. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to any cor-
poration that was convicted (or had an officer or agent 
of such corporation acting on behalf of the corporation 
convicted) of a felony criminal violation under any Federal 
law within the preceding 24 months, where the awarding 
agency is aware of the conviction, unless the agency has 
considered suspension or debarment of the corporation, or 
such officer or agent, and made a determination that this 
further action is not necessary to protect the interests of 
the Government. 
SEC. 417. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
poration that any unpaid Federal tax liability that has 
been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that 
is not being paid in a timely manner pursuant to an agree-
ment with the authority responsible for collecting the tax 
liability, where the awarding agency is aware of the unpaid 
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tax liability, unless the agency has considered suspension 
or debarment of the corporation and made a determination 
that this further action is not necessary to protect the in-
terests of the Government. 
SEC. 418. The amount by which the applicable alloca-
tion of new budget authority made by the Committee on 
Appropriations of the House of Representatives under sec-
tion 302(b) of the Congressional Budget Act of 1974 ex-
ceeds the amount of proposed new budget authority is $0. 
This Act may be cited as the ‘‘Transportation, Hous-
ing and Urban Development, and Related Agencies Appro-
priations Act, 2013’’. 
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Union Calendar No. 387 
112TH CONGRESS 
2D SESSION 
H. R. 5972 
[Report No. 112–541] 
A BILL 
Making appropriations for the Departments of 
Transportation, and Housing and Urban Devel-
opment, and related agencies for the fiscal year 
ending September 30, 2013, and for other pur-
poses. 
JUNE 20, 2012 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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