H. R. 2112—145 
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 accommodate the 
financing and other requirements related to rehabilitating or con-
structing the project or projects to which the assistance is trans-
ferred, 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 transfer-
ring 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 transferring project: 
the Secretary may authorize a reduction in the number 
of dwelling units in the receiving project or projects to 
allow for a reconfiguration of bedroom sizes to meet current 
market demands, as determined by the Secretary and pro-
vided there is no increase in the project-based section 8 
budget authority. 
(2) The transferring project shall, as determined by the 
Secretary, be either physically obsolete or economically non-
viable. 
(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 residing in the 
transferring project and provide a certification of approval by 
all appropriate local governmental officials. 
(5) The tenants of the transferring project who remain 
eligible for assistance to be provided by the receiving project 
or projects shall not be required to vacate 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 receiving project 
or projects meets the condition specified 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-insured mortgage lien transferred to, or placed on, such 
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 requirements 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 agreement or a new use agreement for
H. R. 2112—146 
the project where, in either case, any use restrictions in such 
agreement are of no lesser duration than the existing use 
restrictions. 
(d) For purposes of this section— 
(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ 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 conditions— 
(A) housing that is subject to a mortgage insured under 
the National Housing Act; 
(B) housing that has project-based assistance attached 
to the structure including projects 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 section 101 of 
the Housing and Urban Development Act of 1965; 
(D) interest reduction payments under section 236 and/ 
or additional assistance payments under section 236(f)(2) 
of the National Housing Act; 
(E) assistance payments made under section 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 multi-
family 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 trans-
ferred; 
(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-income 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 Alaskans under 
the heading ‘‘Native American Housing Block Grants’’ in title III 
of this Act shall be allocated to the same Native Alaskan housing 
block grant recipients that received funds in fiscal year 2005.
H. R. 2112—147 
SEC. 214. No funds provided under this title may be used 
for an audit of the Government National Mortgage Association 
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 assist-
ance under section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f). 
(b) For purposes of determining the eligibility of a person 
to receive assistance under section 8 of the United States Housing 
Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess 
of amounts received for tuition and any other required fees and 
charges) that an individual receives under the Higher Education 
Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or 
an institution of higher education (as defined under the Higher 
Education 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 Development 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 2012, in managing and disposing of any multifamily property 
that is owned or has a mortgage held by the Secretary of Housing 
and Urban Development, and during the process of foreclosure 
on any property with a contract for rental assistance payments 
under section 8 of the United States Housing Act of 1937 or other 
Federal programs, the Secretary shall maintain any rental assist-
ance payments under section 8 of the United States Housing Act 
of 1937 and other programs that are attached to any dwelling 
units in the property. To the extent the Secretary determines, 
in consultation with the tenants and the local government, that 
such a multifamily property owned or held by the Secretary is 
not feasible for continued rental assistance 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 Affordability Act of 1997 (‘‘MAHRAA’’) and (2) environmental 
conditions that cannot be remedied in a cost-effective fashion, the
H. R. 2112—148 
Secretary may, in consultation with the tenants of that property, 
contract for project-based rental assistance payments with an owner 
or owners of other existing 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 
foreclosure, 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 informed consent 
of the affected tenants and use of other available remedies, such 
as partial abatements or receivership. After disposition of any multi-
family property described under this section, the contract and allow-
able rent levels on such properties shall be subject to the require-
ments under section 524 of MAHRAA. 
SEC. 218. The Secretary of Housing and Urban Development 
shall report quarterly to the House of Representatives and Senate 
Committees on Appropriations on HUD’s use of all sole-source con-
tracts, including terms of the contracts, cost, and a substantive 
rationale for using a sole-source contract. 
SEC. 219. 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 dem-
onstrate the economy and effectiveness 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 appropriate. 
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. The amounts provided under the subheading ‘‘Pro-
gram Account’’ under the heading ‘‘Community Development Loan 
Guarantees’’ may be used to guarantee, or make commitments 
to guarantee, notes, or other obligations issued by any State on 
behalf of non-entitlement communities in the State in accordance 
with the requirements of section 108 of the Housing and Community 
Development Act of 1974: 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. 
SEC. 222. Section 24 of the United States Housing Act of 
1937 (42 U.S.C. 1437v) is amended— 
(1) in subsection (m)(1), by striking ‘‘fiscal year’’ and all 
that follows through the period at the end and inserting ‘‘fiscal 
year 2012.’’; and
H. R. 2112—149 
(2) in subsection (o), by striking ‘‘September’’ and all that 
follows through the period at the end and inserting ‘‘September 
30, 2012.’’. 
SEC. 223. Public housing agencies that own and operate 400 
or fewer public housing units may elect to be exempt from any 
asset management requirement imposed by the Secretary of 
Housing and Urban Development in connection with the operating 
fund rule: Provided, That an agency seeking a discontinuance of 
a reduction of subsidy under the operating fund formula shall 
not be exempt from asset management requirements. 
SEC. 224. With respect to the use of amounts provided in 
this Act and in future Acts for the operation, capital improvement 
and management of public housing as authorized by sections 9(d) 
and 9(e) of the United States Housing Act of 1937 (42 U.S.C. 
1437g(d) and (e)), the Secretary shall not impose any requirement 
or guideline relating to asset management that restricts or limits 
in any way the use of capital funds for central office costs pursuant 
to section 9(g)(1) or 9(g)(2) of the United States Housing Act of 
1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing 
agency may not use capital funds authorized under section 9(d) 
for activities that are eligible under section 9(e) for assistance 
with amounts from the operating fund in excess of the amounts 
permitted under section 9(g)(1) or 9(g)(2). 
SEC. 225. No official or employee of the Department of Housing 
and Urban Development shall be designated as an allotment holder 
unless the Office of the Chief Financial Officer has determined 
that such allotment holder has implemented an adequate system 
of funds control and has received training in funds control proce-
dures and directives. The Chief Financial Officer shall ensure that, 
not later than 90 days after the date of enactment of this Act, 
a trained allotment holder shall be designated for each HUD sub-
account under the heading ‘‘Administration, Operations, and 
Management’’ as well as each account receiving appropriations for 
‘‘Program Office Salaries and Expenses’’ within the Department 
of Housing and Urban Development. 
SEC. 226. The Secretary of Housing and Urban Development 
shall report quarterly to the House and Senate Committees on 
Appropriations on the status of all section 8 project-based housing, 
including the number of all project-based units by region as well 
as an analysis of all federally subsidized housing being refinanced 
under the Mark-to-Market program. The Secretary shall in the 
report identify all existing units maintained by region as section 
8 project-based units and all project-based units that have opted 
out of section 8 or have otherwise been eliminated as section 8 
project-based units. The Secretary shall identify in detail and by 
project all the efforts made by the Department to preserve all 
section 8 project-based housing units and all the reasons for any 
units which opted out or otherwise were lost as section 8 project- 
based units. Such analysis shall include a review of the impact 
of the loss of any subsidized units in that housing marketplace, 
such as the impact of cost and the loss of available subsidized, 
low-income housing in areas with scarce housing resources for low- 
income families. 
SEC. 227. Payment of attorney fees in program-related litigation 
must be paid from individual program office personnel benefits 
and compensation funding. The annual budget submission for pro-
gram office personnel benefit and compensation funding must
H. R. 2112—150 
include program-related litigation costs for attorney fees as a sepa-
rate line item request. 
SEC. 228. The Secretary of the Department of Housing and 
Urban Development shall for fiscal year 2012 and subsequent fiscal 
years, notify the public through the Federal Register and other 
means, as determined appropriate, of the issuance of a notice of 
the availability of assistance or notice of funding availability 
(NOFA) for any program or discretionary fund administered by 
the Secretary that is to be competitively awarded. Notwithstanding 
any other provision of law, for fiscal year 2012 and subsequent 
fiscal years, the Secretary may make the NOFA available only 
on the Internet at the appropriate Government Web site or through 
other electronic media, as determined by the Secretary. 
SEC. 229. The Secretary of the Department of Housing and 
Urban Development is authorized to transfer up to 5 percent or 
$5,000,000, whichever is less, of the funds appropriated for any 
office funded under the heading ‘‘Administration, Operations, and 
Management’’ to any other office funded under such heading: Pro-
vided, That no appropriation for any office funded under the heading 
‘‘Administration, Operations, and Management’’ shall be increased 
or decreased by more than 5 percent or $5,000,000, whichever 
is less, without prior written approval of the House and Senate 
Committees on Appropriations: Provided further, That the Secretary 
is authorized to transfer up to 5 percent or $5,000,000, whichever 
is less, of the funds appropriated for any account funded under 
the general heading ‘‘Program Office Salaries and Expenses’’ to 
any other account funded under such heading: Provided further, 
That no appropriation for any account funded under the general 
heading ‘‘Program Office Salaries and Expenses’’ shall be increased 
or decreased by more than 5 percent or $5,000,000, whichever 
is less, without prior written approval of the House and Senate 
Committees on Appropriations: Provided further, That the Secretary 
may transfer funds made available for salaries and expenses 
between any office funded under the heading ‘‘Administration, Oper-
ations and Management’’ and any account funded under the general 
heading ‘‘Program Office Salaries and Expenses’’, but only with 
the prior written approval of the House and Senate Committees 
on Appropriations. 
SEC. 230. The Disaster Housing Assistance Programs, adminis-
tered by the Department of Housing and Urban Development, shall 
be considered a ‘‘program of the Department of Housing and Urban 
Development’’ under section 904 of the McKinney Act for the pur-
pose of income verifications and matching. 
SEC. 231. The Comptroller General of the United States shall 
carry out a study of the effectiveness of the block grant programs 
administered by the Office of Community Planning and Develop-
ment of the Department of Housing and Urban Development, 
including an examination of best practices utilized by program 
grantees and performance metrics utilized by the Department. Not 
later than 180 days of enactment of this Act, the Comptroller 
General shall submit a report to the Congress describing its 
findings, including such best practices and performance metrics. 
SEC. 232. The Secretary shall take actions necessary to improve 
data quality, data management, and grantee oversight and account-
ability with respect to programs and activities administered by 
the Office of Community Planning and Development. The Secretary 
shall address the problems identified by the Inspector General
H. R. 2112—151 
of the Department in audits and audit reports since 2006, including 
ongoing audits, with respect to such programs and activities. Not 
later than 120 days after enactment of this Act, the Secretary 
shall submit a report to the Congress on progress achieved by 
the Department with respect to addressing such problems and 
identifying further improvements that can be made (including 
improvements relating to information technology) and proposed 
actions and timelines to carry out such improvements. 
SEC. 233. Of the amounts made available for salaries and 
expenses under all accounts under this title (except for the Office 
of Inspector General account), a total of up to $10,000,000 may 
be transferred to and merged with amounts made available in 
the ‘‘Working Capital Fund’’ account under this title. 
SEC. 234. (a) None of the funds made available by this Act 
for purposes authorized under section 8 (only with respect to the 
tenant-based rental assistance program) and section 9 of the United 
States Housing Act of 1937 (42 U.S.C. 1437 et seq.) may be used 
by any public housing agency for any amount of salary, for the 
chief executive officer of which, or any other official or employee 
of which, that exceeds the annual rate of basic pay payable for 
a position at level IV of the Executive Schedule at any time during 
any public housing agency fiscal year 2012. 
(b) Subsection (a) shall take effect 120 days after the date 
of enactment of this Act. 
SEC. 235. Title II of division I of Public Law 108–447 and 
title III of Public Law 109–115 are each amended by striking 
the item related to ‘‘Flexible Subsidy Fund’’. 
SEC. 236. Of the unobligated balances remaining from funds 
appropriated under the heading ‘‘Tenant-Based Rental Assistance’’ 
under the ‘‘Full-Year Continuing Appropriations Act, 2011’’, 
$650,000,000 are rescinded from the $4,000,000,000 which are avail-
able on October 1, 2011: Provided, That such amounts may be 
derived from reductions to public housing agencies’ calendar year 
2012 allocations based on the excess amounts of public housing 
agencies’ net restricted assets accounts, including the net restricted 
assets of MTW agencies (in accordance with VMS data in calendar 
year 2011 that is verifiable and complete), as determined by the 
Secretary. 
SEC. 237. Section 579 of the Multifamily Assisted Housing 
Reform and Affordability Act of 1997 (42 U.S.C. 1437f) is amended 
by striking ‘‘October 1, 2011’’ each place it appears and inserting 
in lieu thereof ‘‘October 1, 2015’’. 
SEC. 238. Notwithstanding any other provision of law, for mort-
gages for which a Federal Housing Administration case number 
has been assigned during the period beginning on the date of 
enactment of this Act and ending on December 31, 2013, the dollar 
amount limitation on the principal obligation for purposes of section 
203 of the National Housing Act (12 U.S.C. 1709) shall be considered 
to be, except for purposes of section 255(g) of such Act (12 U.S.C. 
1715z–20(g)), the greater of— 
(1) the dollar amount limitation on the principal obligation 
of a mortgage determined under section 203(b)(2) of the 
National Housing Act (12 U.S.C. 1709(b)(2)); or 
(2) the dollar amount limitation that was prescribed for 
such size residence for such area for 2008 pursuant to section 
202 of the Economic Stimulus Act of 2008 (Public Law 110– 
185; 122 Stat. 620).
H. R. 2112—152 
SEC. 239. Of the funds made available for the ‘Department 
of Housing and Urban Development, Community Planning and 
Development, Community Development Fund’, up to $300,000,000, 
to remain available until expended, shall be for necessary expenses 
for activities authorized under title I of the Housing and Community 
Development Act of 1974 (Public Law 93–383) related to disaster 
relief, long-term recovery, restoration of infrastructure and housing, 
and economic revitalization in the most impacted and distressed 
areas resulting from a major disaster declared pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) in 2011: Provided, That funds shall be 
awarded directly to the State or unit of general local government 
at the discretion of the Secretary: Provided further, That prior 
to the obligation of funds a grantee shall submit a plan to the 
Secretary detailing the proposed 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 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 Engineers: Provided 
further, That funds allocated under this heading shall not be consid-
ered relevant to the non-disaster formula allocations under the 
Community Development Fund: Provided further, 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 heading, the Secretary of Housing and Urban 
Development may waive, or specify alternative requirements for, 
any provision 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 (except for require-
ments related to fair housing, nondiscrimination, labor standards, 
and the environment), 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 admin-
isters pursuant to title I of the Housing and Community Develop-
ment Act of 1974 no later than 5 days before the effective date 
of such waiver: Provided further, That an additional $100,000,000 
shall be available for the same purposes and terms described in 
this section and shall be 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. 
This title may be cited as the ‘‘Department of Housing and 
Urban Development Appropriations Act, 2012’’.
H. R. 2112—153 
TITLE III 
RELATED AGENCIES 
ACCESS BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the Access Board, as authorized 
by section 502 of the Rehabilitation Act of 1973, as amended, 
$7,400,000: Provided, That, notwithstanding any other provision 
of law, there may be credited to this appropriation funds received 
for publications and training expenses. 
FEDERAL MARITIME COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Maritime Commission 
as authorized by section 201(d) of the Merchant Marine Act, 1936, 
as amended (46 U.S.C. 307), including services as authorized by 
5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 
31 U.S.C. 1343(b); and uniforms or allowances therefore, as author-
ized by 5 U.S.C. 5901–5902, $24,100,000: Provided, That not to 
exceed $2,000 shall be available for official reception and represen-
tation expenses. 
NATIONAL RAILROAD PASSENGER CORPORATION OFFICE OF 
INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector General for 
the National Railroad Passenger Corporation to carry out the provi-
sions of the Inspector General Act of 1978, as amended, $20,500,000: 
Provided, That the Inspector General shall have all necessary 
authority, in carrying 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 National Railroad Passenger Corporation: Provided further, 
That the Inspector General may enter into contracts and other 
arrangements for audits, studies, analyses, and other services with 
public agencies and with private persons, subject to the applicable 
laws and regulations that govern the obtaining of such services 
within the National Railroad Passenger Corporation: Provided fur-
ther, That the Inspector General may select, appoint, and employ 
such officers and employees as may be necessary for carrying out 
the functions, powers, and duties of the Office of Inspector General, 
subject to the applicable laws and regulations that govern such 
selections, appointments, and employment within Amtrak: Provided 
further, That concurrent with the President’s budget request for 
fiscal year 2013, the Inspector General 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.