[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5972 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 440
112th CONGRESS
  2d Session
                                H. R. 5972


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2012

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
   Making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
           ending September 30, 2013, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 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, 2013, 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, 
$108,277,000, of which not to exceed $2,635,000 shall be available for 
the immediate Office of the Secretary; not to exceed $992,000 shall be 
available for the Immediate Office of the Deputy Secretary; not to 
exceed $19,615,000 shall be available for the Office of the General 
Counsel; not to exceed $11,248,000 shall be available for the Office of 
the Under Secretary of Transportation for Policy; not to exceed 
$12,825,000 shall be available for the Office of the Assistant 
Secretary for Budget and Programs; not to exceed $2,601,000 shall be 
available for the Office of the Assistant Secretary for Governmental 
Affairs; not to exceed $27,095,000 shall be available for the Office of 
the Assistant Secretary for Administration; not to exceed $2,034,000 
shall be available for the Office of Public Affairs; not to exceed 
$1,701,000 shall be available for the Office of the Executive 
Secretariat; $1,539,000 shall be available for the Office of Small and 
Disadvantaged Business Utilization; not to exceed $10,875,000 for the 
Office of Intelligence, Security, and Emergency Response; and not to 
exceed $15,117,000 shall be available for the Office of the Chief 
Information Officer: Provided, That the Secretary of Transportation is 
authorized to transfer funds appropriated for any office of the Office 
of the Secretary (except for the Office of Small and Disadvantaged 
Business Utilization) to any other office of the Office of the 
Secretary: Provided further, That no appropriation for any office shall 
be increased or decreased by more than 5 percent by all such transfers: 
Provided further, 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 expenses 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 credited 
to this appropriation up to $2,500,000 in funds received 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.

                      financial management capital

    For necessary expenses for upgrading and enhancing the Department 
of Transportation's financial systems and re-engineering business 
processes, $10,000,000, to remain available through September 30, 2014.

                       cyber security initiatives

    For necessary expenses for cyber security initiatives, including 
necessary upgrades to wide area network and information technology 
infrastructure, improvement of network perimeter controls and identity 
management, testing and assessment of information technology against 
business, security, and other requirements, implementation of Federal 
cyber security initiatives and information infrastructure enhancements, 
implementation of enhanced security controls on network devices, and 
enhancement of cyber security workforce training tools, $6,000,000, to 
remain available through September 30, 2014.

                         office of civil rights

    For necessary expenses of the Office of Civil Rights, $9,773,000.

           transportation planning, research, and development

    For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, to remain available until expended, $8,000,000.

                          working capital fund

    For necessary expenses for operating costs and capital outlays of 
the Working Capital Fund, not to exceed $174,128,000 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: Provided further, 
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act 
to an agency of the Department shall be transferred to the Working 
Capital Fund without majority approval of the Working Capital Fund 
Steering Committee and approval of the Secretary: Provided further, 
That no assessments may be levied 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, $418,000, as authorized by 49 
U.S.C. 332: Provided, That such costs, including the cost 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 principal, any part of which is to be guaranteed, 
not to exceed $21,955,000.
    In addition, for administrative expenses to carry out the 
guaranteed loan program, $867,388.

                       minority business outreach

    For necessary expenses of Minority Business Resource Center 
outreach activities, $3,234,000, to remain available until September 
30, 2014: Provided, That notwithstanding 49 U.S.C. 332, these funds may 
be used for business opportunities related to any mode of 
transportation.

                        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, $114,000,000, to be derived from the Airport and Airway Trust 
Fund, to remain available until expended: Provided, That in determining 
between or among carriers competing to provide service to a community, 
the Secretary may consider the relative subsidy requirements 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 carrier 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 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 
available 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, except for activities underway on the date 
of enactment of this Act, unless such assessments or agreements have 
completed the normal reprogramming process for Congressional 
notification.
    Sec. 102.  The Secretary or his designee may engage in activities 
with States and State legislators to consider proposals related to the 
reduction of motorcycle fatalities.
    Sec. 103.  Notwithstanding section 3324 of title 31, United States 
Code, in addition to authority provided by section 327 of title 49, 
United States Code, the Department's Working Capital Fund is hereby 
authorized to provide payments in advance to vendors that are necessary 
to carry out the Federal transit pass transportation fringe benefit 
program under Executive Order No. 13150 and section 3049 of Public Law 
109-59: Provided, That the Department shall include adequate safeguards 
in the contract with the vendors to ensure timely and high-quality 
performance under the contract.
    Sec. 104.  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 meeting, and require the Credit 
Council to record the decisions and actions of each meeting.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing 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, 
$9,718,000,000, of which $4,682,500,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $7,513,850,000 
shall be available for air traffic organization activities; not to 
exceed $1,255,000,000 shall be available for aviation safety 
activities; not to exceed $16,700,000 shall be available for commercial 
space transportation activities; not to exceed $573,591,000 shall be 
available for finance and management activities; not to exceed 
$60,064,000 shall be available for NextGen and operations planning 
activities; and not to exceed $298,795,000 shall be available for staff 
offices: Provided, That not to exceed 2 percent of any budget activity, 
except for aviation safety budget activity, may be transferred to any 
budget activity under this heading: Provided further, That no transfer 
may increase or decrease any appropriation 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 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 section 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 report that describes a comprehensive strategy for 
staffing, hiring, and training flight standards and aircraft 
certification 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: Provided further, 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 
further, 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 finalize or implement any regulation that 
would promulgate new aviation user fees not specifically authorized by 
law after the date of the enactment of this Act: Provided further, That 
there may be credited to this appropriation as offsetting collections 
funds received from States, counties, municipalities, 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 $10,350,000 shall be for the contract tower 
cost-sharing program: Provided further, That none of the funds in this 
Act for aeronautical charting and cartography are available for 
activities conducted by, or coordinated 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, improvement by 
contract or purchase, and hire of national airspace systems and 
experimental facilities and equipment, as authorized under part A of 
subtitle VII of title 49, United States Code, including initial 
acquisition of necessary sites by lease or grant; engineering and 
service testing, including construction of test facilities and 
acquisition of necessary sites by lease or grant; construction and 
furnishing of quarters and related accommodations for officers and 
employees of the Federal Aviation Administration stationed 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, 
$2,749,596,000 of which $480,000,000 shall remain available until 
September 30, 2013, and of which $2,269,596,000 shall remain available 
until September 30, 2015: Provided, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
other public authorities, and private sources, for expenses incurred in 
the establishment, improvement, and modernization of national airspace 
systems: Provided further, That upon initial submission to the Congress 
of the fiscal year 2014 President's budget, the Secretary 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 2014 through 2018, 
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.

                 research, engineering, and development

                    (including rescission of funds)

                    (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 acquisition of necessary sites by lease or 
grant, $175,000,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until September 30, 2015: Provided, That 
there may be credited to this appropriation as offsetting collections, 
funds received from States, counties, municipalities, other public 
authorities, and private sources, which shall be available for expenses 
incurred for research, engineering, and development: Provided further, 
That, of the unobligated balances from prior year appropriations 
available under this heading, $26,183,998 are rescinded.

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
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 inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under section 44706 of title 49, United 
States Code, $3,400,000,000 to be derived from the Airport and Airway 
Trust Fund and to remain available until expended: Provided, That none 
of the funds under this heading shall be available for the planning or 
execution of programs the obligations for which are in excess of 
$3,350,000,000 in fiscal year 2013, 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 replacement of baggage 
conveyor systems, reconfiguration of terminal baggage areas, or other 
airport improvements that are necessary to install bulk explosive 
detection systems: Provided further, That notwithstanding section 
47109(a) of title 49, United States Code, the Government's share of 
allowable project costs under paragraph (2) for subgrants or paragraph 
(3) of that section shall be 95 percent for a project that the 
Administrator determines is a successive phase of a multi-phased 
construction project for which the project sponsor received a grant in 
Fiscal Year 2011 for the construction project: Provided further, That 
notwithstanding any other provision of law, of funds limited under this 
heading, not more than $105,000,000 shall be obligated for 
administration, not less than $15,000,000 shall be available for the 
airport cooperative research program, and not less than $29,300,000 
shall be available for Airport Technology Research.

       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 contract between the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 2013.
    Sec. 111.  None of the funds in this Act shall be used to pursue or 
adopt guidelines or regulations requiring airport sponsors to provide 
to the Federal Aviation Administration 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 prohibition of 
funds in this section does not apply to negotiations between the agency 
and airport sponsors to achieve agreement 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 U.S.C. 45303: Provided, That during fiscal 
year 2013, any amount remaining in such account at the close of that 
fiscal year may be made available to satisfy section 41742(a)(1) for 
the subsequent fiscal year.
    Sec. 113.  Amounts collected under section 40113(e) of title 49, 
United States Code, shall be credited to the appropriation 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 airport if such sponsor fails to agree to a 
request from the Secretary of Transportation for cost-free space in a 
non-revenue 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 available for 
paying premium pay under subsection 5546(a) of title 5, United States 
Code, to any Federal Aviation Administration 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 obligated or 
expended for an employee of the Federal Aviation Administration to 
purchase a store gift card or gift certificate 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 
minimum 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 obligated or 
expended for retention bonuses for an employee of the Federal Aviation 
Administration without the prior written approval of the Deputy 
Assistant Secretary for Administration of the Department of 
Transportation.
    Sec. 119.  Subparagraph (D) of section 47124(b)(3) of title 49, 
United States Code, is amended by striking ``benefit.'' 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 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 Administration, a blocking 
of that owner's or operator's aircraft registration 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.  None of the funds appropriated or limited by this Act 
may be used to change weight restrictions or prior permission rules at 
Teterboro airport in Teterboro, New Jersey.

                     Federal Highway Administration

                 limitation on administrative expenses

                     (including transfer of funds)

    Contingent upon reauthorization, not to exceed $392,855,251, 
together with advances and reimbursements received by the Federal 
Highway Administration, shall be paid in accordance with law from 
appropriations made available by this Act to the Federal Highway 
Administration for necessary expenses for administration and operation. 
In addition, not to exceed $3,220,000 shall be paid from appropriations 
made available by this Act and transferred to the Appalachian Regional 
Commission in accordance with section 104 of title 23, United States 
Code.

                          federal-aid highways

                      (limitation on obligations)

                          (highway trust fund)

    Contingent upon reauthorization, none of the funds in this Act 
shall be available for the implementation or execution of programs, the 
obligations for which are in excess of $39,143,582,670 for Federal-aid 
highways and highway safety construction programs for fiscal year 2013: 
Provided, That within the $39,143,582,670 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 
2013: Provided further, That this limitation 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, including counsel, in 
the field of municipal and project finance 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 
expended to pay for such costs: Provided further, That such 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 administrative expenses under section 608 of title 23, 
United States Code.

                (liquidation of contract authorization)

                          (highway trust fund)

    Contingent upon reauthorization, 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, $39,882,583,000 
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.

       administrative provisions--federal highway administration

    Sec. 120.  Contingent upon reauthorization, the following 
authorities shall apply for fiscal year 2013:
     (a) The Secretary of Transportation shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid highways amounts authorized for administrative 
        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 Equity 
        Act: A Legacy for Users); the highway use tax 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 highway 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 distributed 
                under paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and highway 
                safety construction programs (other than sums 
                authorized to be appropriated for provisions 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;
            (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, Flexible, Efficient Transportation 
        Equity Act: A Legacy for Users; section 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 authorized 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 Transportation 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 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 construction programs (other than 
        the amounts apportioned 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, Efficient 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 apportioned to 
                all States for such fiscal year.
    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to obligations:
            (1) under section 125 of title 23, United States Code;
            (2) under section 147 of the Surface Transportation 
        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 Relocation 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 enactment 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 subsequent public laws for multiple 
        years or to remain 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 2013; and
            (11) under section 1603 of the Safe, Accountable, Flexible, 
        Efficient Transportation Equity Act: A Legacy for Users, to the 
        extent that funds obligated in accordance with that section 
        were not subject to a limitation on obligations at the time at 
        which the funds were initially made available for obligation.
    (c) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (a), the Secretary shall, after August 1 of such fiscal 
year, revise a distribution of the obligation limitation made available 
under subsection (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 priority 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 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 Federal-aid highway and highway safety 
construction programs 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 programs; and
                    (B) the Secretary determines will not be allocated 
                to the States, and will not be available for 
                obligation, in such fiscal year due to the imposition 
                of any obligation limitation for such fiscal year.
            (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 described in section 133(b) 
        of title 23, United States Code.
    (f) Special Limitation Characteristics.--Obligation limitation 
distributed for a fiscal year under subsection (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 limitation 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 distribution 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 Equity Act: A 
Legacy for Users.
    Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited 
to the Federal-aid Highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall be subject to 
the obligation limitation for Federal-aid Highways and highway safety 
construction programs.
    Sec. 122.  Not less than 15 days prior to waiving, under his 
statutory authority, any Buy America requirement 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 provide 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;
            (2) is constructed with Federal assistance provided under 
        title 23, United States Code; and
            (3) is in actual operation as of the date of enactment 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 segment, 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 determining 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 operating the 
                toll lane may use the toll lane without 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
                    (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 county, town, municipal or 
                other local government entity, or public toll road or 
                transit authority.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    Contingent upon reauthorization, for payment of obligations 
incurred in the implementation, execution and administration of motor 
carrier safety operations and programs pursuant to section 31104(i) of 
title 49, United States Code, and sections 4127 and 4134 of Public Law 
109-59, $244,144,000, to be derived from the Highway Trust Fund (other 
than the Mass Transit Account), together with advances and 
reimbursements received by the Federal Motor Carrier Safety 
Administration: Provided, That none of the funds derived from the 
Highway Trust Fund in this Act shall be available for the 
implementation, execution or administration of programs, the 
obligations for which are in excess of $244,144,000, for ``Motor 
Carrier Safety Operations and Programs'' of which $8,543,000, to remain 
available for obligation until September 30, 2015, is for the research 
and technology program and $1,000,000 shall be available for commercial 
motor vehicle 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 29, 2013 on the agency's ability to meet its requirement to 
conduct compliance reviews on mandatory carriers.

                      motor carrier safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    Contingent upon reauthorization, 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 derived 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 available 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 commercial driver's license improvements program to 
carry out section 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 registration information system 
management program to carry out sections 31106(b) and 31109 of title 
49, United States Code; $25,000,000 shall be available for the 
commercial 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 improvement 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, $29,000,000 
shall be available for audits of new entrant motor carriers.

 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 Public Law 110-28.

             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 and part C of subtitle VI of title 
49, United States Code, $152,000,000, of which $20,000,000 shall remain 
available through September 30, 2014.

                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    Contingent upon reauthorization, 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, $122,360,000 (reduced by 
$10,000,000) (increased by $10,000,000), to be derived 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 available for the planning or execution of programs the total 
obligations for which, in fiscal year 2013, are in excess of 
$122,360,000 (reduced by $10,000,000) (increased by $10,000,000), of 
which $118,244,000 (reduced by $10,000,000) (increased by $10,000,000) 
shall be for programs authorized under 23 U.S.C. 403, and of which 
$4,166,000 shall be for the National Driver Register authorized under 
chapter 303 of title 49, United States Code: Provided further, That 
within the $122,360,000 obligation limitation for operations and 
research, $20,000,000 shall remain available until September 30, 2014 
and shall be in addition to the amount of any limitation imposed on 
obligations for future years: Provided further, That $10,000,000 of the 
total obligation limitation for operations and research in fiscal year 
2013 shall be applied toward unobligated balances of contract authority 
provided in prior Acts for carrying out the provisions of 23 U.S.C. 
403, and chapter 303 of title 49, United States Code.

                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    Contingent upon reauthorization, 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, $501,828,000 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 2013, are in excess of 
$501,828,000 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; $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 Program'' under 23 U.S.C. 410; 
$25,328,000 shall be for ``Administrative Expenses'' under section 
2001(a)(11) of Public Law 109-59; $29,000,000 shall be for ``High 
Visibility Enforcement Program'' under section 2009 of Public Law 109-
59; $7,000,000 shall be for ``Motorcyclist Safety'' under section 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: Provided further, 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 structures: 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 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.

      administrative provisions--national highway traffic safety 
                             administration

    Sec. 140.  Contingent upon reauthorization, notwithstanding section 
402(g) 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 programs of the 
National Highway Traffic Safety Administration 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 obligation 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 Administration, not 
otherwise provided for, $184,000,000, of which $20,360,000 shall remain 
available until expended.

                   railroad research and development

    For necessary expenses for railroad research and development, 
$35,500,000, to remain available until expended.

       railroad rehabilitation and improvement financing program

    The Secretary of Transportation is authorized to issue direct loans 
and loan guarantees pursuant to sections 502 through 504 of the 
Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 
94-210), as amended, such authority to exist as long as any such direct 
loan or loan guarantee is outstanding: Provided, That, pursuant to 
section 502 of such Act, as amended, no new direct loans or loan 
guarantee commitments shall be made using Federal funds for the credit 
risk premium during fiscal year 2013.

operating subsidy grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation 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), $350,000,000, to remain available until expended: 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 
specific train route: Provided further, That each such grant request 
shall be accompanied by a detailed financial analysis, revenue 
projection, and capital expenditure projection justifying the Federal 
support to the Secretary's satisfaction: 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 Committee on Commerce, Science, and 
Transportation the annual budget and business plan and the 5-Year 
Financial Plan for fiscal year 2013 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 accounting 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 completion 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 semiannual 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 to why said contract 
was awarded on a sole-source basis, as well as progress against the 
milestones and target dates of the 2012 performance improvement plan: 
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 following their submission to the appropriate 
entities: Provided further, That these plans shall be accompanied by a 
comprehensive fleet plan for all Amtrak rolling stock which shall 
address the Corporation's detailed plans and timeframes for the 
maintenance, refurbishment, replacement, and expansion of the Amtrak 
fleet: Provided further, That said fleet plan shall establish year-
specific goals and milestones and discuss potential, current, and 
preferred financing options for all such activities: Provided 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 further, That none of 
the funds provided in this Act may be used to support any route on 
which Amtrak offers a discounted fare of more than 50 percent off the 
normal peak fare: Provided further, That the preceding proviso does not 
apply to routes where the operating loss as a result of the discount is 
covered by a State and the State participates in the setting of fares: 
Provided further, That the Corporation shall submit to the House and 
Senate Committees on Appropriations a budget request for fiscal year 
2014 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), $1,452,000,000, to remain available until expended, of which not 
to exceed $271,000,000 shall be for debt service obligations as 
authorized by section 102 of such Act: Provided, That of the amounts 
made available under this heading, not less than $50,000,000 shall be 
made available to bring Amtrak served facilities and stations into 
compliance with the Americans with Disabilities Act: Provided further, 
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 Corporation only on a reimbursable 
basis: Provided further, That of the amounts made available under this 
heading, not less than $500,000,000 shall be made available to fund 
high priority state-of-good-repair intercity infrastructure projects on 
infrastructure owned by the Corporation or States for the benefit of 
existing intercity passenger rail services: Provided further, That of 
the amount provided under the preceding proviso, $80,000,000 may be 
used to subsidize operating losses of the Corporation only after 
receiving and reviewing a grant request justifying the Federal support 
to the Secretary's satisfaction; Provided further, That such projects 
shall only include capital projects within the meaning of Section 
24401(2)(A) of Title 49, United States Code: Provided further, That the 
Secretary shall approve funding for these projects only after receiving 
and reviewing a grant request for each project developed by Amtrak in 
conjunction with any state partners: Provided further, That the Federal 
share payable of the costs for such a project shall not exceed 80 
percent: Provided further, That at least 30 days prior to the 
obligation of funds for such a project, the Secretary shall provide to 
the House and Senate Committees on Appropriations written notification 
of the approval of the project: Provided further, That the Secretary 
may retain up to one-half 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 satisfaction: Provided further, Except as otherwise 
provided herein, none of the funds under this heading may be used to 
subsidize operating losses of the Corporation: Provided further, That 
except as otherwise provided herein, none of the funds under this 
heading may be used for capital projects not approved by the Secretary 
of Transportation or on the Corporation's fiscal year 2013 business 
plan: Provided further, That in addition to the project management 
oversight funds authorized under section 101(d) of division B of Public 
Law 110-432, the Secretary may retain up to an additional $3,000,000 of 
the funds provided under this heading to fund expenses associated with 
implementing section 212 of division B of Public Law 110-432, including 
the amendments made by section 212 to section 24905 of title 49, United 
States Code.

                    next generation high-speed rail

                              (rescission)

    Of the funds made available for Next Generation High Speed Rail, as 
authorized by sections 1103 and 7201 of Public Law 105-178, $1,973,000 
are hereby permanently rescinded: Provided, That no amounts may be 
cancelled from amounts that were designated by the Congress as an 
emergency requirement pursuant to the Concurrent Resolution on the 
Budget or the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended.

                 northeast corridor improvement program

                              (rescission)

    Of the funds made available for the Northeast Corridor Improvement 
Program, as authorized by Public Law 94-210, $4,419,000 are hereby 
permanently rescinded: Provided, That no amounts may be cancelled from 
amounts that were designated by the Congress as an emergency 
requirement pursuant to the Concurrent Resolution on the Budget or the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

       administrative provisions--federal railroad administration

    Sec. 150.  Hereafter, notwithstanding any other provision of law, 
funds provided in this Act for the National Railroad Passenger 
Corporation shall immediately cease to be available to said Corporation 
in the event that the Corporation contracts to have services provided 
at or from any location outside the United States. For purposes of this 
section, 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 within the United States.
    Sec. 151.  The Secretary of Transportation may receive 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 Government owned automated track inspection cars and equipment 
as a result of third-party liability for such damages, and any amounts 
collected under this section shall be credited directly to the 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 equipment 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 heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of 
an amount determined by the Secretary.
    Sec. 153.  None of the funds provided to the National Railroad 
Passenger Corporation may be used to fund any overtime costs in excess 
of $35,000 for any individual employee: Provided, That the president of 
Amtrak may waive the cap set in the previous proviso for specific 
employees when the president of Amtrak determines such a cap poses a 
risk to the safety and operational efficiency of the system: Provided 
further, That Amtrak shall notify House and Senate Committees on 
Appropriations within 30 days of waiving such cap and delineate the 
reasons for such waiver.
    Sec. 154.  The unobligated balance of funds provided under sections 
1101(a)(18) and 1307 of Public Law 109-59 shall be used for the 
elimination of hazards at railway-highway crossings described in 
section 104(d)(2) of title 23, United States Code, to remain available 
until expended.

                     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, $100,000,000: 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 2014 President's budget, the Secretary 
of Transportation shall transmit to Congress the annual report on New 
Starts, including proposed allocations of funds for fiscal year 2014.

                         formula and bus grants

                      (limitation on obligations)

                          (highway trust fund)

    Contingent upon enactment of surface transportation authorization 
legislation, funds available in fiscal year 2013 for the implementation 
or execution of transit formula and bus grant programs authorized under 
title 49, United States Code, as amended by such authorization, shall 
not exceed total obligations of $8,360,565,000 from the Mass Transit 
Account of the Highway Trust Fund.

                  (liquidation of contract authority)

                          (highway trust fund)

    Contingent upon enactment of surface transportation authorization 
legislation, $9,400,000,000, to remain available until expended and to 
be derived from the Mass Transit Account of the Highway Trust Fund, for 
payment of obligations incurred in carrying out mass transit programs 
authorized under title 49, United States Code, as amended by such 
authorization.

                research and university research centers

    For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 
5322, and 5506, $44,000,000, to remain available until expended: 
Provided, That $6,500,000 is available to carry out the transit 
cooperative research program under section 5313 of title 49, United 
States Code, $3,000,000 is available for the National Transit Institute 
under section 5315 of title 49, United States Code, and $4,000,000 is 
available for the university transportation centers program under 
section 5506 of title 49, United States Code: Provided further, That 
$20,000,000 is available to carry out innovative research and 
demonstrations of national significance under section 5312 of title 49, 
United States Code.

                       capital investment grants

    For necessary expenses to carry out section 5309 of title 49, 
United States Code, $1,816,993,000, to remain available until expended, 
of which $127,566,794 shall be available to carry out section 5309(e) 
of such title.

      grants to the washington metropolitan area transit authority

    For grants to the Washington Metropolitan Area Transit Authority as 
authorized under section 601 of division B of Public Law 110-432, 
$150,000,000, to remain available until expended: Provided, That the 
Secretary shall approve grants for capital and preventive maintenance 
expenditures for the Washington Metropolitan Area Transit Authority 
only after receiving and reviewing a request for each specific project: 
Provided further, That prior to approving 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: Provided further, That the Secretary, in 
order to ensure safety throughout the rail system, may waive the 
requirements of section 601(e)(1) of title VI of Public Law 110-432 
(112 Stat. 4968) for fiscal year 2013.

       administrative provisions--federal transit administration

                    (including rescission of funds)

    Sec. 160.  The limitations on obligations for the programs 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 previously 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 appropriations headings for 
projects specified in this Act or identified in reports accompanying 
this Act not obligated by September 30, 2015, 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, 2012, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure, 
may be transferred to and 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 Administration, Capital Investment Grants'' 
in any appropriations Act prior to this Act may be used during this 
fiscal year to satisfy expenses incurred for such projects.
    Sec. 164.  Notwithstanding any other provision of law, unobligated 
funds or recoveries under section 5309 of title 49, United States Code, 
that are available to the Secretary of Transportation for reallocation 
shall be directed to projects eligible to use the funds for the 
purposes for which they were originally provided.
    Sec. 165.  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 described in section 5327(c)(2), 1.5 
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 compliance of a 
recipient or subrecipient of Federal transit assistance consistent with 
activities identified under section 5327(c)(2) and for purposes of 
enforcement.
    Sec. 166.  Notwithstanding any other provision of law, none of the 
funds made available in this Act shall be available to carry out 49 
U.S.C. 5309(m)(6)(B) and (C).
    Sec. 167.  Notwithstanding any other provision of law, none of the 
funds made available in this Act shall be used to enter into a full 
funding grant agreement for a project with a New Starts share greater 
than 60 percent.
    Sec. 168.  The Secretary shall conduct a formal adjudication in 
accordance with section 554 of title 5, United States Code, requiring 
any transit agency that during fiscal year 2008 was both initially 
granted a 60-day period to come into compliance with part 604, and then 
granted an exception from such part in this fiscal year to present 
evidence why it cannot come into compliance with such part: Provided, 
That any determination arising from the adjudication shall be sent to 
the House and Senate Committees on Appropriations for consideration: 
Provided further, That this section shall be obviated if there is an 
arrangement between such transit agency and charter bus providers that 
the Secretary considers appropriate in accordance with section 5323(d) 
of title 49, United States Code.
    Sec. 169.  For purposes of applying the project justification and 
local financial commitment criteria of 49 U.S.C. 5309(d) to a New 
Starts project, the Secretary may consider the costs and ridership of 
any connected project in an instance in which private parties are 
making significant financial contributions to the construction of the 
connected project; additionally, the Secretary may consider the 
significant financial contributions of private parties to the connected 
project in calculating the non-Federal share of net capital project 
costs for the New Starts project.
    Sec. 169A.  Of the funds made available for the Formula Grants 
program, as authorized by Public Law 97-424, as amended, $70,867,394 
are hereby permanently rescinded: Provided, That of the funds made 
available for the Formula Grants program, as authorized by Public Law 
91-43, as amended, $699,307 are hereby permanently rescinded: Provided 
further, That of the funds made available for the Formula Grants 
program as authorized by Public Law 95-599, as amended, $928,838 are 
hereby permanently rescinded: Provided further, That of the funds made 
available for the University Transportation Research program, as 
authorized by Public Law 91-453, as amended, and by Public Law 102-240, 
as amended, $292,554 are hereby permanently rescinded: Provided 
further, That of the funds made available for the Job Access and 
Reverse Commute program, as authorized by Public Law 105-178, as 
amended, $14,661,719 are hereby permanently rescinded: Provided 
further, That of the funds made available for the Capital Investment 
Grants program, as authorized by Public Law 105-178, as amended, 
$11,429,055 are hereby permanently rescinded: Provided further, That of 
the funds made available for the Research, Training, and Human 
Resources program, as authorized by Public Law 95-599, as amended, 
$247,579 are hereby permanently rescinded: Provided further, That of 
the funds made available for the Interstate Transfer Grants program, as 
authorized by 23 U.S.C. 103(e)(4), $2,661,568 are hereby permanently 
rescinded: Provided further, That of the funds made available for the 
Washington Metropolitan Area Transit Authority, as authorized by 
section 14 of Public Law 96-184, as amended, and by Public Law 101-551, 
as amended, $523,000 are hereby permanently rescinded: Provided 
further, That of the funds made available for the Urban Discretionary 
Grants program, as authorized by Public Law 88-365, as amended, 
$578,353 are hereby permanently rescinded: Provided further, That no 
amounts may be rescinded from amounts that were designated by the 
Congress as an emergency requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.
    Sec. 169B.  None of the funds in this Act may be available to 
advance a new fixed guideway capital project to final design or a full 
funding grant agreement as defined by 49 U.S.C. 5309 for the 
Metropolitan Transit Authority of Harris County, Texas if the proposed 
capital project is constructed on or planned to be constructed on 
Richmond Avenue west of Montrose Boulevard or on Post Oak Boulevard 
north of Richmond Avenue in Houston, Texas.

             Saint Lawrence Seaway Development Corporation

    The Saint Lawrence Seaway Development Corporation 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. Lawrence Seaway owned, 
operated, and maintained by the Saint Lawrence Seaway Development 
Corporation, $33,000,000, 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, $184,000,000, to remain available until expended.

                        operations and training

    For necessary expenses of operations and training activities 
authorized by law, $145,753,000, of which $11,500,000 shall remain 
available until expended for maintenance and repair of training ships 
at State Maritime Academies, and of which $2,400,000 shall remain 
available through September 30, 2014 for Student Incentive Program 
payments at State Maritime Academies, and of which not less than 
$14,000,000 shall remain available until expended for capital 
improvements at the United States 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, Deputy 
Superintendent and the Director of the Office of Resource 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: Provided further, That 50 percent 
of the funding made available 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 Administrator, 
completes a plan detailing by program or activity how such funding will 
be expended at the Academy, and this plan is submitted to the House and 
Senate Committees on Appropriations.

                             ship disposal

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$4,000,000, to remain available until expended.

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

    For the necessary administrative expenses of the maritime 
guaranteed loan program, $3,750,000 (reduced by $10,000) shall be paid 
to the appropriation for ``Operations and Training'', Maritime 
Administration.

           administrative provisions--maritime administration

    Sec. 170.  Notwithstanding any other provision of this Act, the 
Maritime Administration is authorized to furnish utilities and services 
and make necessary repairs in connection with any lease, contract, or 
occupancy involving Government property under control of the Maritime 
Administration: Provided, That payments received therefor shall be 
credited to the appropriation charged with the cost thereof and shall 
be available until expended: Provided further, 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.  None of the funds available or appropriated in this Act 
shall be used by the United States Department of Transportation or the 
United States Maritime Administration to negotiate or otherwise 
execute, enter into, facilitate or perform fee-for-service contracts 
for vessel disposal, scrapping or recycling, unless there is no 
qualified domestic ship recycler that will pay any sum of money to 
purchase and scrap or recycle a vessel owned, operated or managed by 
the Maritime Administration or that is part of the National Defense 
Reserve Fleet. Such sales offers must be consistent with the 
solicitation and provide that the work will be performed in a timely 
manner at a facility qualified within the meaning of section 3502 of 
Public Law 106-398. Nothing contained herein shall affect the Maritime 
Administration's authority to award contracts at least cost to the 
Federal Government and consistent with the requirements of 16 U.S.C. 
5405(c), section 3502, or otherwise authorized under the Federal 
Acquisition Regulation.

         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, $23,030,000, of which $639,000 shall 
be derived from the Pipeline Safety Fund: Provided, That $1,500,000 
shall be transferred to ``Pipeline Safety'' in order to fund ``Pipeline 
Safety Information Grants to Communities'' as authorized under section 
60130 of title 49, United States Code.

                       hazardous materials safety

    For expenses necessary to discharge the hazardous materials safety 
functions of the Pipeline and Hazardous Materials Safety 
Administration, $42,546,000, of which $1,725,000 shall remain available 
until September 30, 2015: 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, municipalities, other 
public authorities, and private sources for expenses incurred for 
training, for reports publication and dissemination, and for travel 
expenses incurred in performance of hazardous materials exemptions and 
approval functions.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

                  (pipeline safety design review 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, 
$111,252,000, of which $18,573,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2015; and of which $90,679,000 shall be derived from the Pipeline 
Safety Fund, of which $48,191,000 shall remain available until 
September 30, 2015; and of which $2,000,000, to remain available until 
expended, shall be derived as provided in this Act from the Pipeline 
Safety Design Review Fund, as authorized in 49 U.S.C. 60117(n): 
Provided, That not less than $1,058,000 of the funds provided under 
this heading shall be for the one-call State grant program.

                     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, 2014: Provided, That not more than $28,318,000 
shall be made available for obligation in fiscal year 2013 from amounts 
made 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 obligation by individuals other 
than the Secretary of Transportation, or his designee.

           Research and Innovative Technology Administration

                        research and development

    For necessary expenses of the Research and Innovative Technology 
Administration, $13,500,000: Provided, That there may be credited to 
this appropriation, 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 the Inspector General to 
carry out the provisions of the Inspector General Act of 1978, as 
amended, $84,499,000: 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 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: (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: Provided further, 
That no funding through expenditure transfers shall be made between 
either the Federal Highway Administration, the Federal Aviation 
Administration, the Federal Transit Administration, or the National 
Transportation Safety Board, and the Office of Inspector General: 
Provided further, That: (1) the Inspector General shall have the 
authority to audit and investigate the Metropolitan Washington Airports 
Authority (MWAA); (2) in carrying out these audits and investigations 
the Inspector General shall have all the authorities described under 
section 6 of the Inspector General Act (5 U.S.C. App.); (3) MWAA Board 
Members, employees, contractors, and subcontractors shall cooperate and 
comply with requests from the Inspector General, including providing 
testimony and other information; (4) The Inspector General shall be 
permitted to observe closed executive sessions of the MWAA Board of 
Directors; (5) MWAA shall pay the expenses of the Inspector General, 
including staff salaries and benefits and associated operating costs, 
which shall be credited to this appropriation and remain available 
until expended; and (6) if MWAA fails to make funds available to the 
Inspector General within 30 days after a request for such funds is 
received, then the Inspector General shall notify the Secretary of 
Transportation who shall not approve a grant for MWAA under section 
47107(b) of title 49, United States Code, until such funding is made 
available for the Inspector General.

                      Surface Transportation Board

                         salaries and expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $31,250,000 (reduced by 
$1,940,000): Provided, That notwithstanding any other provision of law, 
not to exceed $1,250,000 from fees established 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 received during fiscal year 2013, to 
result in a final appropriation from the general fund estimated at no 
more than $30,000,000.

            General Provisions--Department of Transportation

    Sec. 180.  During the current fiscal year, applicable 
appropriations to the Department of Transportation shall be available 
for maintenance and operation of aircraft; hire of passenger motor 
vehicles and aircraft; purchase of liability insurance for motor 
vehicles operating in foreign countries on official department 
business; and uniforms or allowances therefor, as authorized by law (5 
U.S.C. 5901-5902).
    Sec. 181.  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. 182.  None of the funds in this Act shall be available for 
salaries and expenses of more than 110 political and Presidential 
appointees in the Department of Transportation: Provided, That none of 
the personnel covered by this provision may be assigned on temporary 
detail outside the Department of Transportation.
    Sec. 183. (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.
    Sec. 184.  Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration 
from States, counties, municipalities, other public authorities, and 
private sources for expenses 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 Operations'' account, except for State 
rail safety inspectors participating in training pursuant to 49 U.S.C. 
20105.
    Sec. 185.  None of the funds in this Act to the Department of 
Transportation may be used to make a grant unless the Secretary of 
Transportation notifies the House and Senate Committees on 
Appropriations not less than 3 full business days before any project 
competitively selected to receive a discretionary grant award, any 
discretionary grant award, letter of intent, or full funding grant 
agreement totaling $1,000,000 or more is announced by the department or 
its modal administrations from:
            (1) any discretionary grant program of the Federal Highway 
        Administration including the emergency relief program;
            (2) the airport improvement program of the Federal Aviation 
        Administration;
            (3) any program of the Federal Railroad Administration;
            (4) any program of the Federal Transit Administration other 
        than the formula grants and fixed guideway modernization 
        programs; or
            (5) any funding provided under the headings ``National 
        Infrastructure Investments'' in this Act: Provided, That the 
        Secretary gives concurrent notification to the 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. 186.  Rebates, refunds, incentive payments, minor fees and 
other funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations 
of the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
    Sec. 187.  Amounts made available in this or any other Act that the 
Secretary determines represent improper payments 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 improper payments; 
        and
            (2) to pay contractors for services provided in recovering 
        improper payments or contractor support in the implementation 
        of the Improper Payments Information Act of 2002: Provided, 
        That amounts in excess of that required for paragraphs (1) and 
        (2)--
                    (A) shall be credited to and merged with the 
                appropriation from which the improper payments were 
                made, and shall be available for the purposes and 
                period for which such appropriations are available; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts: Provided further, That prior to the transfer 
                of any such recovery to an appropriations account, the 
                Secretary shall notify to the House and Senate 
                Committees on Appropriations of the amount and reasons 
                for such transfer: 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. 188.  Notwithstanding any other provision of law, if any funds 
provided in or limited by this Act are subject to a reprogramming 
action that requires notice to be provided to the House and Senate 
Committees on Appropriations, said reprogramming action shall be 
approved or denied solely by the Committees on Appropriations: 
Provided, That the Secretary may provide notice to other congressional 
committees of the action of the Committees on Appropriations on such 
reprogramming but not sooner than 30 days following the date on which 
the reprogramming action has been approved or denied by the House and 
Senate Committees on Appropriations.
    Sec. 189.  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 complaints filed with the Board in an amount in 
excess of the amount authorized for district court civil suit filing 
fees under section 1914 of title 28, United States Code.
    Sec. 190.  Funds appropriated in this Act to the modal 
administrations may be obligated for the Office of the Secretary for 
the costs related to assessments or reimbursable agreements only when 
such amounts are for the costs of goods and services that are purchased 
to provide a direct benefit to the applicable modal administration or 
administrations.
    This title may be cited as the ``Department of Transportation 
Appropriations Act, 2013''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

               administration, operations, and management

    For necessary salaries and expenses for administration, management 
and operations of the Department of Housing and Urban Development, 
$518,068,000 (reduced by $2,000,000), of which not to exceed $3,572,000 
shall be available for the immediate Office of the Secretary; not to 
exceed $1,206,000 shall be for the Office of the Deputy Secretary and 
the Chief Operating Officer; not to exceed $1,711,000 shall be 
available for the Office of Hearings and Appeals; not to exceed 
$705,000 shall be available for the Office of Small and Disadvantaged 
Business Utilization; not to exceed $47,627,000 shall be available for 
the Office of the Chief Financial Officer; not to exceed $95,102,000 
shall be available for the Office of the General Counsel; not to exceed 
$2,400,000 shall be available to the Office of Congressional and 
Intergovernmental Relations; not to exceed $3,502,000 shall be 
available for the Office of Public Affairs; not to exceed $247,535,000 
shall be available for the Office of the Chief Human Capital Officer; 
not to exceed $47,500,000 shall be available for the Office of Field 
Policy and Management; not to exceed $16,563,000 shall be available for 
the Office of the Chief Procurement Officer; not to exceed $3,127,000 
shall be available for the Office of Departmental Equal Employment 
Opportunity; not to exceed $1,404,000 shall be available for the Center 
for Faith-Based and Community Initiatives; not to exceed $2,360,000 
shall be available for the Office of Sustainable Housing and 
Communities; not to exceed $4,884,000 shall be available for the Office 
of Strategic Planning and Management; and not to exceed $38,870,000 
(reduced by $2,000,000) shall be available for the Office of the Chief 
Information Officer: Provided, That funds provided under this heading 
may be used for necessary administrative and non-administrative 
expenses of the Department of Housing and Urban Development, not 
otherwise provided for, including purchase of uniforms, or allowances 
therefore, as authorized by 5 U.S.C. 5901-5902; hire of passenger motor 
vehicles; services as authorized by 5 U.S.C. 3109: Provided further, 
That notwithstanding any other provision of law, funds appropriated 
under this heading may be used for advertising and promotional 
activities that support the housing mission area: Provided further, 
That the Secretary shall transmit to the House and Senate Committees on 
Appropriations a detailed budget justification for each office within 
the Department, including an organizational chart for each operating 
area within the Department: Provided further, That the budget 
justification shall include funding levels for the past 3 fiscal years 
for all offices: Provided further, that the budget submitted by the 
Department must also include a detailed justification for the 
incremental funding increases, decreases and FTE fluctuations being 
requested by program, activity, or program element: Provided further, 
That the Secretary shall provide the Committees on Appropriations 
quarterly written notification regarding the status of pending 
congressional reports: Provided further, That the Secretary shall 
provide all signed reports required by Congress electronically: 
Provided further, That not to exceed $25,000 of the amount made 
available under this paragraph for the immediate Office of the 
Secretary shall be available for official reception and representation 
expenses as the Secretary may determine.

                  Program Office Salaries and Expenses

                       public and indian housing

    For necessary salaries and expenses of the Office of Public and 
Indian Housing, $206,500,000.

                   community planning and development

    For necessary salaries and expenses of the Office of Community 
Planning and Development, $103,500,000.

                                housing

    For necessary salaries and expenses of the Office of Housing, 
$396,500,000, of which at least $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, $22,326,000.

                   fair housing and equal opportunity

    For necessary salaries and expenses of the Office of Fair Housing 
and Equal Opportunity, $72,904,000.

            office of healthy homes and lead hazard control

    For necessary salaries and expenses of the Office of Healthy Homes 
and Lead Hazard Control, $6,816,000.

                       Public and Indian Housing

                     tenant-based rental assistance

    For activities and assistance for the provision of tenant-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, $15,134,283,000, to remain available until 
expended, shall be available on October 1, 2012 (in addition to the 
$4,000,000,000 previously appropriated under this heading that became 
available on October 1, 2012), and $4,000,000,000, to remain available 
until expended, shall be available on October 1, 2013: Provided, That 
amounts made available under this heading are provided as follows:
            (1) $17,237,948,000 shall be available for renewals of 
        expiring section 8 tenant-based annual contributions contracts 
        (including renewals of enhanced vouchers under any provision of 
        law authorizing such assistance under section 8(t) of the Act) 
        and including renewal of other special purpose incremental 
        vouchers: Provided, That notwithstanding any other provision of 
        law, from amounts provided under this paragraph and any 
        carryover, the Secretary for the calendar year 2013 funding 
        cycle shall provide renewal funding for each public housing 
        agency based on validated voucher management system (VMS) 
        leasing and cost data for the prior calendar year and by 
        applying an inflation factor as established by the Secretary, 
        by notice published in the Federal Register, and by making any 
        necessary adjustments 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 
        housing 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 Secretary shall, to the extent necessary to stay 
        within the amount specified under this paragraph, pro rate each 
        public housing agency's allocation otherwise established 
        pursuant to this paragraph: Provided further, That except as 
        provided in the following provisos, the entire amount specified 
        under this paragraph (except as otherwise modified under this 
        Act) shall be obligated to the public housing agencies based on 
        the allocation and pro rata method described above, and the 
        Secretary 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 up to $75,000,000 shall be available only: (1) 
        for adjustments in the allocations for public housing agencies, 
        after application for an adjustment by a public housing agency, 
        that experienced a significant increase, as determined by the 
        Secretary, in renewal costs of vouchers resulting from 
        unforeseen circumstances or from portability under section 8(r) 
        of the Act; (2) for vouchers that were not in use during the 
        12-month period in order to be available to meet a commitment 
        pursuant to section 8(o)(13) of the Act; (3) for adjustments 
        for costs associated with HUD-Veterans Affairs Supportive 
        Housing (HUD-VASH) vouchers; and (4) for adjustments in the 
        allocations for public housing agencies that experienced a 
        significant increase, as determined by the Secretary, in 
        renewal costs as a result of participation in the Small Area 
        Fair Market Rent demonstration: Provided further, That the 
        Secretary shall allocate amounts under the previous proviso 
        based on need as determined by the Secretary;
            (2) $75,000,000 shall be for section 8 rental assistance 
        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, enhanced 
        vouchers under any provision of law authorizing such assistance 
        under section 8(t) of the Act, HOPE VI vouchers, mandatory and 
        voluntary conversions, and tenant protection assistance 
        including replacement and relocation assistance or for project-
        based assistance to prevent the displacement of unassisted 
        elderly tenants currently residing in section 202 properties 
        financed between 1959 and 1974 that are refinanced pursuant to 
        Public Law 106-569, as amended, or under the authority as 
        provided under this Act: Provided, That when a public housing 
        development is submitted for demolition or disposition under 
        section 18 of the Act, the Secretary may provide section 8 
        rental assistance when the units pose an imminent health and 
        safety risk to residents: Provided further, That the Secretary 
        may only provide replacement vouchers for units that were 
        occupied within the previous 24 months that cease to be 
        available as assisted housing, subject only to the availability 
        of funds: Provided further, That of the amounts made available 
        under this paragraph, $10,000,000 may be available to provide 
        tenant protection assistance, not otherwise provided under this 
        paragraph, to residents residing in low-vacancy areas and who 
        may have to pay rents greater than 30 percent of household 
        income, as the result of (1) the maturity of a HUD-insured, 
        HUD-held or section 202 loan that requires the permission of 
        the Secretary prior to loan prepayment; (2) the expiration of a 
        rental assistance contract for which the tenants are not 
        eligible for enhanced voucher or tenant protection assistance 
        under existing law; or (3) the expiration of affordability 
        restrictions accompanying a mortgage or preservation program 
        administered by the Secretary: Provided further, That such 
        tenant protection assistance made available under the previous 
        proviso may be provided under the authority of section 8(t) or 
        section 8(o)(13) of the United States Housing Act of 1937 (42 
        U.S.C. 1437f(t)): Provided further, That the Secretary shall 
        issue guidance to implement the previous provisos, including, 
        but not limited to, requirements for defining eligible at-risk 
        households within 120 days of the enactment of this Act;
            (3) $1,575,000,000 shall be for administrative and other 
        expenses of public housing agencies in administering the 
        section 8 tenant-based rental assistance program, of which up 
        to $50,000,000 shall be available to the Secretary to allocate 
        to public housing 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 Affairs 
        Supportive Housing vouchers, and other special purpose 
        incremental vouchers: Provided, That no less than 
        $1,525,000,000 of the amount provided in this paragraph shall 
        be allocated to public housing agencies for the calendar year 
        2013 funding cycle based on section 8(q) of the Act (and 
        related Appropriation Act provisions) as in 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 
        paragraph are insufficient to pay the amounts determined under 
        the previous proviso, the Secretary may decrease the amounts 
        allocated to agencies by a uniform percentage applicable to all 
        agencies receiving funding under this paragraph or may, to the 
        extent necessary to provide full payment of amounts determined 
        under the previous proviso, utilize unobligated balances, 
        including recaptures and carryovers, remaining from funds 
        appropriated to the Department of Housing and Urban Development 
        under this heading from prior fiscal years, notwithstanding the 
        purposes for which such amounts were appropriated: Provided 
        further, That all public housing agencies participating in the 
        MTW demonstration shall be funded pursuant to their MTW 
        agreements, and shall be subject to the same uniform percentage 
        decrease as under the previous proviso: Provided further, That 
        amounts provided under this paragraph shall be only for 
        activities related to the provision of tenant-based rental 
        assistance authorized under section 8, including related 
        development activities;
            (4) $60,000,000 shall be available for family self-
        sufficiency coordinators under section 23 of the Act;
            (5) $111,335,000 for the renewal of tenant-based assistance 
        contracts under section 811 of the Cranston-Gonzalez National 
        Affordable Housing Act (42 U.S.C. 8013), including necessary 
        administrative expenses;
            (6) $75,000,000 for incremental rental voucher assistance 
        for use through a supported housing program administered in 
        conjunction with the Department 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, notwithstanding 
        section 204 (competition provision) of this title, to public 
        housing agencies that partner with eligible VA Medical Centers 
        or other entities as designated by the Secretary of the 
        Department of Veterans Affairs, based on geographical need for 
        such assistance as identified by the Secretary of the 
        Department of Veterans Affairs, public housing agency 
        administrative performance, and other factors as specified by 
        the Secretary of Housing and Urban Development in consultation 
        with the Secretary of the Department 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 regulation 
        that the Secretary of Housing and Urban Development administers 
        in connection with the use of funds made available under this 
        paragraph (except for requirements related to fair housing, 
        nondiscrimination, labor standards, and the environment), 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; and
            (7) The Secretary shall separately track all special 
        purpose vouchers funded under this heading.

                        housing certificate fund

                              (rescission)

    Unobligated balances, including recaptures and carryover, remaining 
from funds appropriated to the Department of Housing and Urban 
Development under this heading, the heading, ``Annual Contributions for 
Assisted Housing'', and the heading ``Project-Based Rental 
Assistance'', for fiscal year 2013 and prior years may be used for 
renewal of or amendments to section 8 project-based contracts and for 
performance-based contract administrators, notwithstanding the purposes 
for which such funds were appropriated: Provided, That any obligated 
balances of contract authority from fiscal year 1974 and prior that 
have been terminated shall be rescinded: Provided further, That amounts 
previously recaptured, or recaptured during the current fiscal year, 
from section 8 project-based contracts from source years fiscal year 
1975 through fiscal year 1987 are hereby rescinded, and an amount of 
additional new budget authority, equivalent to the amount permanently 
cancelled is hereby appropriated, to remain available until expended, 
for the purposes set forth under this heading, in addition to amounts 
otherwise available.

                      public housing capital fund

    For the Public Housing Capital Fund Program to carry out capital 
and management activities for public housing agencies, as authorized 
under section 9 of the United States Housing Act of 1937 (42 U.S.C. 
1437g) (the ``Act'') $1,985,000,000, to remain available until 
September 30, 2016: Provided, That notwithstanding any other provision 
of law or regulation, during fiscal year 2013 the Secretary of Housing 
and Urban Development may not delegate to any Department official other 
than the Deputy Secretary and the Assistant Secretary for Public and 
Indian Housing any authority under paragraph (2) of section 9(j) 
regarding the extension of the time periods under such section: 
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: Provided further, That up to $15,345,000 shall be to 
support the ongoing Public Housing Financial and Physical Assessment 
activities of the Real Estate Assessment Center (REAC): Provided 
further, That of the total amount provided under this heading, not to 
exceed $20,000,000 shall be available for the Secretary to make grants, 
notwithstanding section 204 of this Act, to public housing agencies for 
emergency capital needs including safety and security measures 
necessary to address crime and drug-related activity as well as needs 
resulting from unforeseen or unpreventable emergencies and natural 
disasters excluding Presidentially 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 2013: Provided 
further, That of the total amount provided under this heading 
$50,000,000 shall be for supportive services, service coordinator and 
congregate services as authorized by section 34 of the Act (42 U.S.C. 
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided further, 
That of the total amount provided under this heading, up to $5,000,000 
is to support the costs of administrative and judicial receiverships: 
Provided further, That from the funds made available under this 
heading, the Secretary shall provide bonus awards in fiscal year 2013 
to public housing agencies that are designated high performers.

                     public housing operating fund

    For 2013 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)), $4,524,000,000: 
Provided, That in determining public housing agencies', including 
Moving to Work agencies', calendar year 2013 funding allocations under 
this heading, the Secretary may, contingent on authorization, take into 
account the impact of changes in minimum rents, flat rents, and medical 
expense thresholds on public housing agencies' formula income levels.

                  native american housing block grants

    For the Native American Housing Block Grants program, 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 remain available until September 30, 2017: Provided, 
That, notwithstanding 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 census data and with the need component based on 
multi-race census data, and the amount of the allocation for each 
Indian tribe shall be the greater of the two resulting allocation 
amounts: Provided further, That of the amounts made available under 
this heading, $2,000,000 shall be contracted for assistance for 
national or regional organizations representing Native American housing 
interests for providing training and technical assistance to Indian 
housing authorities and tribally designated housing entities: Provided 
further, That of the amount provided under this heading, $2,000,000 
shall be made available for the cost of guaranteed notes and other 
obligations, as authorized by title VI of NAHASDA: Provided further, 
That such costs, including the costs of modifying such notes and other 
obligations, shall be as defined in section 502 of the Congressional 
Budget 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: Provided further, That the Department will notify grantees 
of their formula allocation within 60 days of enactment of this Act.

           indian housing loan guarantee fund program account

    For the cost of guaranteed loans, as authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $6,000,000, 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 further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, up to 
$633,000,000: Provided further, That up to $750,000 of this amount may 
be used for administrative contract expenses including management 
processes and systems to carry out the loan guarantee program.

                   Community Planning and Development

              housing opportunities for persons with aids

    For carrying out the Housing Opportunities for Persons with AIDS 
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 
12901 et seq.), $330,000,000 (increased by $2,000,000), to remain 
available until September 30, 2014, except that amounts allocated 
pursuant to section 854(c)(3) of such Act shall remain available until 
September 30, 2015: 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: Provided further, That the Department shall notify 
grantees of their formula allocation within 60 days of enactment of 
this Act.

                       community development fund

    For assistance to units of State and local government, and to other 
entities, for economic and community development activities, and for 
other purposes, $3,404,000,000, to remain available until September 30, 
2015, unless otherwise specified: Provided, That of the total amount 
provided, $3,344,000,000 is for carrying out the community development 
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, not to exceed 20 percent of any grant made with 
funds appropriated under this heading shall be expended for planning 
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 (including section 204 of this Act), up to $3,960,000 
may be used for emergencies that constitute imminent threats to health 
and safety: Provided further, That none of the funds made available 
under this heading may be used for grants for the Economic Development 
Initiative (``EDI'') or Neighborhood Initiatives activities, Rural 
Innovation Fund, or for grants pursuant to section 107 of the Housing 
and Community Development Act of 1974 (42 U.S.C. 5307): Provided 
further, That the Department shall notify grantees of their formula 
allocation within 60 days of enactment of this Act.

         community development loan guarantees program account

    For the cost of guaranteed loans, $6,000,000, to remain available 
until September 30, 2014, 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 section 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 
$244,000,000, notwithstanding any aggregate limitation on outstanding 
obligations guaranteed in section 108(k) of the Housing and Community 
Development Act of 1974, as amended.

                  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, $1,200,000,000, to remain available until September 30, 2015: 
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 allocation 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 deadline 
for 1 year if the Secretary determines that the failure to complete the 
project is beyond the control of the participating jurisdiction: 
Provided further, That no funds provided 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, 
assessed developer capacity and fiscal soundness, and examined 
neighborhood market conditions to ensure adequate need for each 
project: Provided further, That any homeownership units funded under 
this heading which cannot be sold to an eligible homeowner within 6 
months of project completion 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 development 
organization that cannot demonstrate that it has staff with 
demonstrated development experience: Provided further, That funds 
provided in prior appropriations Acts for technical assistance, that 
were made available for Community Housing Development Organizations 
technical assistance, and that still remain available, may be used for 
HOME technical assistance notwithstanding the purposes for which such 
amounts were appropriated: Provided further, That the Department shall 
notify grantees of their formula allocation within 60 days of enactment 
of this Act.

        self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity Program, 
as authorized under section 11 of the Housing Opportunity Program 
Extension Act of 1996, as amended, $60,000,000, to remain available 
until September 30, 2015: Provided, That of the total amount provided 
under this heading, $20,000,000 shall be made available to the Self-
Help and Assisted Homeownership Opportunity Program as authorized under 
section 11 of the Housing Opportunity 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 Act of 1993 (42 U.S.C. 9816 
note), of which not less than $5,000,000 may be made available for 
rural capacity-building activities: Provided further, That $5,000,000 
shall be made available for capacity-building activities for national 
organizations with expertise in rural housing, including experience 
working with rural housing organizations, local governments, and Indian 
tribes: Provided further, That no funds made available for capacity 
building activities under this heading in this Act or any prior Act may 
be set-aside, reserved, or awarded in connection with the Department's 
demand-response initiative, described in section V(A)(3)(d) of the 
Notices of Funding Availability for fiscal years 2010, 2011, and 2012: 
Provided further, That notwithstanding any requirement in any Notice of 
Funding Availability, grant application, grant agreement, or work plan, 
any unexpended amounts provided under this heading for capacity 
building activities in fiscal years 2010, 2011, 2012, and 2013 may not 
be used in connection with such demand-response initiative or any 
similar initiative, unless a grantee, in its sole discretion, decides 
to undertake or continue such a project: Provided further, That prior 
to undertaking, or asking others to undertake, any further demand-
response or similar place-based initiatives, the Department shall 
submit for Congressional approval in its operating plan and budget 
proposal a detailed justification of such initiative, including how it 
fits within the Department's overall capacity building efforts, why it 
is consistent with authorizing legislation, and how the Department 
plans to implement it effectively.

                       homeless assistance grants

                     (including transfer of funds)

    For the emergency solutions grants program as authorized 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 
program as authorized under subtitle D of title IV of such Act, 
$2,000,000,000 (increased by $5,000,000), of which $1,995,000,000 
(increased by $5,000,000) shall remain available until September 30, 
2015, 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 than 
$1,650,000,000 (increased by $5,000,000) of the funds appropriated 
under this heading shall be available for such continuum of care and 
rural housing stability assistance programs: Provided further, That up 
to $6,000,000 of the funds appropriated under this heading shall be 
available for the national homeless data analysis project: Provided 
further, That all funds awarded for supportive services under the 
continuum of care program and the rural housing stability assistance 
program shall be matched by not less than 25 percent in cash or in kind 
by each grantee: 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 
prohibition on any such use of any such funds: 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 employment programs for which homeless 
populations may be eligible, including Medicaid, State Children's 
Health Insurance Program, Temporary Assistance for Needy Families, Food 
Stamps, and services funding through the Mental Health and Substance 
Abuse Block Grant, Workforce Investment Act, and the Welfare-to-Work 
grant program: Provided further, That all balances for Shelter Plus 
Care renewals previously funded from the Shelter Plus Care Renewal 
account and transferred to this account shall be available, if 
recaptured, for continuum of care renewals in fiscal year 2013: 
Provided further, That the Department shall notify grantees of their 
formula allocation from amounts allocated (which may represent initial 
or final amounts allocated) for the emergency solutions grant program 
within 60 days of enactment of this Act.

                            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, 
$8,300,400,000, to remain available until expended, shall be available 
on October 1, 2012 (in addition to the $400,000,000 previously 
appropriated under this heading that became available October 1, 2012), 
and $400,000,000, to remain available until expended, shall be 
available on October 1, 2013: 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 
rehabilitation contracts), for amendments to section 8 project-based 
subsidy contracts (including section 8 moderate rehabilitation 
contracts), for contracts entered into pursuant to section 441 of the 
McKinney-Vento Homeless Assistance Act (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 administrative and other 
expenses associated with project-based activities and assistance funded 
under this paragraph: Provided further, That of the total amounts 
provided under this heading, not to exceed $260,000,000 shall be 
available for performance-based contract administrators for section 8 
project-based assistance: Provided further, That the Secretary 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 National Housing Act (12 U.S.C. 1715z-1(a)); rent 
supplement 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(c)(2)); project rental assistance 
contracts for supportive 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 contracts 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, the heading ``Annual Contributions for Assisted 
Housing'', or the heading ``Housing Certificate Fund'' may be used for 
renewals of or amendments to section 8 project-based contracts or for 
performance-based contract administrators, notwithstanding the purposes 
for which such amounts were appropriated: Provided further, That, 
notwithstanding any other provision of law, upon the request of the 
Secretary of Housing and Urban Development, project funds that are held 
in residual receipts accounts for any project subject to a section 8 
project-based Housing Assistance Payments contract that authorizes HUD 
to require that surplus project funds be deposited in an interest-
bearing residual receipts account and that are in excess of an amount 
to be determined by the Secretary, shall be remitted to the Department 
and deposited in this account, to be available until expended: Provided 
further, That amounts deposited pursuant to the previous proviso shall 
be available in addition to the amount otherwise provided by this 
heading for uses authorized under this heading.

                        housing for the elderly

    For capital advances, including amendments to capital advance 
contracts for housing for the elderly, as authorized 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 
contracts for such assistance for up to a 1-year term, and for senior 
preservation rental assistance contracts, as authorized by section 
811(e) of the American Housing and Economic Opportunity Act of 2000, as 
amended, and for supportive services associated with the housing, 
$425,000,000 to remain available until September 30, 2016: Provided, 
That of the amount provided under this heading, up to $90,000,000 shall 
be for service coordinators and the continuation of existing congregate 
service grants for residents of assisted housing projects: Provided 
further, That amounts under this heading shall be available for Real 
Estate Assessment Center inspections and inspection-related activities 
associated with section 202 projects: Provided further, That the 
Secretary may waive the provisions of section 202 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: 
Provided further, That, notwithstanding any other provision of law, in 
this fiscal year and hereafter, upon the request of the Secretary of 
Housing and Urban Development, project funds that are held in residual 
receipts accounts for any project subject to a section 202 Project 
Rental Assistance Contract that requires surplus project funds to be 
deposited in an interest-bearing residual receipts account and be 
remitted to the Secretary upon termination of the contract, shall be 
remitted to the Secretary and deposited in this account upon 
termination of such contract, to be available until expended for 
capital advances and other eligible assistance for housing for the 
elderly, as authorized by section 202 of the Housing Act of 1959, as 
amended: Provided further, That amounts deposited in this account 
pursuant to the previous proviso shall be available in addition to the 
amounts otherwise provided by this heading for uses authorized under 
this heading.

                 housing for persons with disabilities

    For amendments to capital advance contracts for supportive housing 
for persons with disabilities, as authorized by section 811 of the 
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), for 
project rental assistance for supportive housing for persons with 
disabilities under section 811(d)(2) of such Act and for project 
assistance contracts pursuant to section 202(h) of the Housing Act of 
1959 (Public Law 86-372; 73 Stat. 667), including amendments to 
contracts for such assistance and renewal of expiring contracts for 
such assistance for up to a 1-year term, for project rental assistance 
to State housing finance agencies and other appropriate entities as 
authorized under section 811(b)(3) of the Cranston-Gonzalez National 
Housing Act, and for supportive services associated with the housing 
for persons with disabilities as authorized by section 811(b)(1) of 
such Act, $165,000,000 to remain available until September 30, 2016: 
Provided, That amounts made available under this heading shall be 
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 811 Projects.

                     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, $45,000,000, including up to $2,500,000 for 
administrative contract services: Provided, 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 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 financial needs, and fulfilling the responsibilities of 
tenancy or homeownership; for program administration; and for housing 
counselor training.

                    other assisted housing programs

            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 $4,000,000, to remain available until expended, which 
is to be derived from the Manufactured Housing Fees Trust Fund: 
Provided, That not to exceed the total amount appropriated under this 
heading shall be available from the general 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 2013 so as to result in no fiscal year 2013 
appropriation from the general fund estimated and fees pursuant to such 
section 620 shall be modified as necessary to ensure such a final 
fiscal year 2013 appropriation: Provided further, That for the dispute 
resolution and installation programs, the Secretary of Housing and 
Urban Development may assess and collect fees from any program 
participant: Provided further, That such collections shall be deposited 
into the Fund, and the Secretary, as provided herein, 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 
responsibilities of the Secretary under such Act through the use of 
approved service providers that are paid directly by the recipients of 
their services.

                     Federal Housing Administration

               mutual mortgage insurance program account

                     (including transfers of funds)

    New commitments to guarantee single family loans insured under the 
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to 
remain available until September 30, 2014: Provided, That during fiscal 
year 2013, 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, $215,000,000, to remain available until 
September 30, 2014, of which up to $71,500,000 may be transferred to 
and merged with the Working Capital 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 
expenses 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

    New commitments to guarantee loans insured under the General and 
Special Risk Insurance 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: Provided, That during fiscal year 2013, 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 
governmental entities in connection with the sale of single family real 
properties owned by the Secretary and formerly insured under such Act.

                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, 2014: Provided, That $20,500,000 shall be available for 
necessary salaries and expenses of the Office of Government National 
Mortgage Association: Provided further, That to the extent that 
guaranteed loan commitments will and do exceed $155,000,000,000 on or 
before April 1, 2013, an additional $100 for necessary salaries and 
expenses shall be available until expended 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 $3,000,000: Provided further, That receipts from 
Commitment 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 programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized 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 
Development under section 1(a)(1)(I) of Reorganization Plan No. 2 of 
1968, $52,000,000, to remain available until September 30, 2014: 
Provided, That with respect to amounts made available under this 
heading, notwithstanding section 204 of this title, the Secretary may 
enter into cooperative agreements 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 toward 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 otherwise provided 
for, as authorized by title VIII of the Civil 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, 
$68,000,000, to remain available until September 30, 2014, of which 
$42,500,000 shall be to carry out activities pursuant 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 
further, 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 provided by the 
Department of Housing and Urban Development.

            Office of Lead Hazard Control and Healthy Homes

                         lead hazard reduction

    For the Lead Hazard Reduction Program, as authorized by section 
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 
$120,000,000, to remain available until September 30, 2014: Provided, 
That up to $10,000,000 of that amount shall be for the Healthy Homes 
Initiative, 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 further, That for purposes of environmental review, 
pursuant to the National Environmental 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, Operation 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 heading, $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 third proviso shall make a matching contribution in 
an amount not less than 25 percent: Provided further, That each 
applicant shall certify adequate capacity that is acceptable to the 
Secretary to carry out the proposed use of funds pursuant 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 available, may be used for any purpose under this heading 
notwithstanding the purpose for which such amounts were appropriated if 
a program competition is undersubscribed and there are other program 
competitions under this heading that are oversubscribed.

                     Management and Administration

                          working capital fund

    For additional capital for the Working Capital Fund (42 U.S.C. 
3535) for the development of, modifications to, and infrastructure for 
Department-wide and program-specific information technology systems, 
for the continuing operation and maintenance of both Department-wide 
and program-specific information systems, and for program-related 
maintenance activities, $175,000,000 (reduced by $5,000,000), to remain 
available until September 30, 2014: 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 appropriated by previously enacted appropriations Acts may 
be 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 Enhancement, including development and deployment of a Next 
Generation of Voucher Management System and development and deployment 
of modernized Federal Housing Administration 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 department's capital planning and investment control 
requirements, 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 Inspector 
General in carrying out the Inspector General Act of 1978, as amended, 
$125,600,000: Provided, That the Inspector General shall have 
independent authority over all personnel issues within this office.

                       transformation initiative

    For necessary expenses of research, evaluation, and program metrics 
activities; program demonstrations; and technical assistance and 
capacity building, $50,000,000 to remain available until September 30, 
2015: Provided, That with respect to amounts made available under this 
heading for research, evaluation and program metrics or program 
demonstrations, notwithstanding section 204 of this title, the 
Secretary may enter into cooperative agreements 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 
toward the cost of the project.

    General Provisions--Department of Housing and Urban Development

                     (including transfer of funds)

    Sec. 201.  Fifty percent of the amounts of budget authority, or in 
lieu thereof 50 percent of the cash amounts 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 agencies with projects approved by the 
Secretary of Housing and Urban Development for which settlement 
occurred after January 1, 1992, in accordance with such section. 
Notwithstanding 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 2013 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful 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.
    Sec. 203.  Sections 203 and 209 of division C of Public Law 112-55 
(125 Stat. 693-694) shall apply during fiscal year 2013 as if such 
sections were included in this title, except that during such fiscal 
year such sections shall be applied by substituting ``fiscal year 
2013'' for ``fiscal year 2011'' and ``fiscal year 2012'', each place 
such terms appear.
    Sec. 204.  Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant 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 administrative expenses, for legal services on a 
contract or fee basis, and for utilizing and making payment for 
services and facilities of the Federal National Mortgage Association, 
Government National Mortgage Association, Federal Home Loan Mortgage 
Corporation, Federal Financing Bank, Federal 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 appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 207.  Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the Government Corporation 
Control Act are hereby authorized to make such expenditures, within the 
limits of funds and borrowing authority available to each such 
corporation 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 2013 for such corporation or 
agency except as hereinafter provided: Provided, That collections of 
these corporations and agencies may be used for new loan or mortgage 
purchase commitments only to the extent expressly 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 Development shall 
provide quarterly reports to the House and Senate Committees on 
Appropriations regarding all uncommitted, unobligated, recaptured and 
excess funds in each program and activity within the jurisdiction of 
the Department and shall submit additional, updated budget information 
to these Committees upon request.
    Sec. 209.  The President's formal budget request for fiscal year 
2014, 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 identical account and sub-account structure provided under this 
Act.
    Sec. 210.  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 required to include a resident of public 
housing or a recipient of assistance provided under section 8 of the 
United States 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 establish an 
advisory board of not less than six residents of public 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. 211. (a) Notwithstanding any other provision of law, subject 
to the conditions listed in subsection (b), for fiscal years 2013 and 
2014, 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 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 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 provided there is no increase in the 
                project-based section 8 budget authority.
            (2) The net dollar amount of Federal assistance provided to 
        the transferring project shall remain the same as the receiving 
        project or projects.
            (3) The transferring project shall, as determined by the 
        Secretary, be either physically obsolete or economically 
        nonviable.
            (4) The receiving project or projects shall meet or exceed 
        applicable physical standards established by the Secretary.
            (5) 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.
            (6) 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.
            (7) The Secretary determines that this transfer is in the 
        best interest of the tenants.
            (8) 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.
            (9) If the transferring project meets the requirements of 
        subsection (d)(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 the project where, in either case, any use 
        restrictions in such agreement are of no lesser duration than 
        the existing use restrictions.
            (10) The transfer does not increase the cost (as defined in 
        section 502 of the Congressional Budget Act of 1974, as 
        amended) of any FHA-insured mortgage, except to the extent that 
        appropriations are provided in advance for the amount of any 
        such increased cost.
    (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;
                    (E) housing that is assisted under section 811 of 
                the Cranston-Gonzales National Affordable Housing Act; 
                or
                    (F) 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 
        multifamily housing project or projects to which some or all of 
        the project-based assistance, debt, and statutorily required 
        low-income and very low-income use 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-income use restrictions to the 
        receiving project or projects; and
            (6) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development.
    (e) The Secretary shall publish by notice in the Federal Register 
the terms and conditions, including criteria for HUD approval, of 
transfers pursuant to this section no later than 30 days before the 
effective date of such notice.
    Sec. 212.  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. 213. (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).
    (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. 214.  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.
    Sec. 215.  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, 
2013, insure and enter into commitments to insure mortgages under 
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20).
    Sec. 216.  Notwithstanding any other provision of law, in fiscal 
year 2013, 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 assistance 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 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 remedies 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 multifamily property described under this section, 
the contract and allowable rent levels on such properties shall be 
subject to the requirements under section 524 of MAHRAA.
    Sec. 217.  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 contracts, including 
terms of the contracts, cost, and a substantive rationale for using a 
sole-source contract.
    Sec. 218.  During fiscal year 2013, 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 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. 219.  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. 220.  The amounts provided under the subheading ``Program 
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. 221.  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. 222.  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. 223.  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 procedures 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 subaccount 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. 224.  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 program office 
personnel benefit and compensation funding must include program-related 
litigation costs for attorney fees as a separate line item request.
    Sec. 225.  The Secretary of the Department of Housing and Urban 
Development shall for fiscal year 2013 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 2013 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. 226.  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: Provided, 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, Operations, 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. 227.  The Disaster Housing Assistance Programs, administered 
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 purpose of income verifications 
and matching.
    Sec. 228.  None of the funds made available by this Act, or any 
other 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 2013.
    Sec. 229.  Paragraph (1) of section 242(i) of the National Housing 
Act (12 U.S.C. 1715z-7(i)(1)) is amended by striking ``July 31, 2011'' 
and inserting ``July 31, 2016''.
    Sec. 230.  Subsection (d) of section 184 of the Housing and 
Community Development Act of 1992 (12 U.S.C. 1715z-13a) is amended to 
read as follows:
    ``(d) Guarantee Fee.--The Secretary shall establish and collect, at 
the time of issuance of the guarantee, a fee for the guarantee of loans 
under this section, in an amount not exceeding 3 percent of the 
principal obligation of the loan. The Secretary may also establish and 
collect annual premium payments in an amount not exceeding 1 percent of 
the remaining guaranteed balance (excluding the portion of the 
remaining balance attributable to the fee collected at the time of 
issuance of the guarantee). The Secretary shall establish the amount of 
the fees and premiums by publishing a notice in the Federal Register. 
The Secretary shall deposit any fees and premiums collected under this 
subsection in the Indian Housing Loan Guarantee Fund established under 
subsection (i).''.
    Sec. 231. (a) Subsection (b) of section 225 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12755) is amended 
by inserting at the end the following sentence: ``Such 30 day waiting 
period is not required if the grounds for the termination or refusal to 
renew involve a direct threat to the safety of the tenants or employees 
of the housing, or an imminent and serious threat to the property (and 
the termination or refusal to renew is in accordance with the 
requirements of State or local law).''.
    (b) Section 231 of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12771) is amended--
            (1) in subsection (b) by striking ``make such funds 
        available by direct reallocation'' and all that follows through 
        ``were recaptured'' and inserting ``reallocate the funds by 
        formula in accordance with section 217(d) of this Act (42 
        U.S.C. 12747(d))''; and
            (2) by striking subsection (c).
    Sec. 232.  Notwithstanding Section 24(o) of the United States 
Housing Act of 1937 (42 U.S.C. 1437v(o)), amounts made available in 
prior appropriations Acts under the heading ``Revitalization of 
Severely Distressed Public Housing (HOPE VI)'' or under the heading 
``Choice Neighborhoods Initiative'' may continue to be provided as 
assistance pursuant to such Section 24.
    Sec. 233.  The proviso under the ``Community Development Fund'' 
heading in Public Laws 109-148, 109-234, 110-252, and 110-329 which 
requires the Secretary to establish procedures to prevent duplication 
of benefits and to report to the Committees on Appropriations on all 
steps to prevent fraud and abuse is amended by striking ``quarterly'' 
and inserting ``annually''.
    Sec. 234.  Title II of division K of Public Law 110-161 is amended 
by striking the item related to ``Flexible Subsidy Fund''.
    This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2013''.

                      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 authorized by 5 
U.S.C. 5901-5902, $25,000,000: Provided, That not to exceed $2,000 
shall be available for official reception and representation 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 provisions of 
the Inspector General Act of 1978, as amended, $25,000,000: 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 further, 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 2014, the Inspector General shall submit to the House 
and Senate Committees on Appropriations a budget request for fiscal 
year 2014 in similar format and substance to those submitted by 
executive agencies of the Federal Government.

                  National Transportation Safety Board

                         salaries and expenses

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; 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 a GS-15; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902), 
$102,400,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses. The amounts made available to 
the National Transportation Safety Board in this Act include amounts 
necessary to make lease payments on an obligation incurred in fiscal 
year 2001 for a capital lease.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $145,300,000: 
Provided, That in addition, $80,000,000 shall be made available until 
expended to the Neighborhood Reinvestment Corporation for mortgage 
foreclosure mitigation activities, under the following terms and 
conditions:
            (1) The Neighborhood Reinvestment Corporation (``NRC'') 
        shall make grants to counseling intermediaries approved by the 
        Department of Housing and Urban Development (HUD) (with match 
        to be determined by the NRC based on affordability and the 
        economic conditions of an area; a match also may be waived by 
        the NRC based on the aforementioned conditions) to provide 
        mortgage foreclosure mitigation assistance primarily to States 
        and areas with high rates of defaults and foreclosures to help 
        eliminate the default and foreclosure of mortgages of owner-
        occupied single-family homes that are at risk of such 
        foreclosure. Other than areas with high rates of defaults and 
        foreclosures, grants may also be provided to approved 
        counseling intermediaries based on a geographic analysis of the 
        Nation by the NRC which determines where there is a prevalence 
        of mortgages that are risky and likely to fail, including any 
        trends for mortgages that are likely to default and face 
        foreclosure. A State Housing Finance Agency may also be 
        eligible where the State Housing Finance Agency meets all the 
        requirements under this paragraph. A HUD-approved counseling 
        intermediary shall meet certain mortgage foreclosure mitigation 
        assistance counseling requirements, as determined by the NRC, 
        and shall be approved by HUD or the NRC as meeting these 
        requirements.
            (2) Mortgage foreclosure mitigation assistance shall only 
        be made available to homeowners of owner-occupied homes with 
        mortgages in default or in danger of default. These mortgages 
        shall likely be subject to a foreclosure action and homeowners 
        will be provided such assistance that shall consist of 
        activities that are likely to prevent foreclosures and result 
        in the long-term affordability of the mortgage retained 
        pursuant to such activity or another positive outcome for the 
        homeowner. No funds made available under this paragraph may be 
        provided directly to lenders or homeowners to discharge 
        outstanding mortgage balances or for any other direct debt 
        reduction payments.
            (3) The use of Mortgage Foreclosure Mitigation Assistance 
        by approved counseling intermediaries and State Housing Finance 
        Agencies shall involve a reasonable analysis of the borrower's 
        financial situation, an evaluation of the current value of the 
        property that is subject to the mortgage, counseling regarding 
        the assumption of the mortgage by another non-Federal party, 
        counseling regarding the possible purchase of the mortgage by a 
        non-Federal third party, counseling and advice of all likely 
        restructuring and refinancing strategies or the approval of a 
        work-out strategy by all interested parties.
            (4) NRC may provide up to 15 percent of the total funds 
        under this paragraph to its own charter members with expertise 
        in foreclosure prevention counseling, subject to a 
        certification by the NRC that the procedures for selection do 
        not consist of any procedures or activities that could be 
        construed as an unacceptable conflict of interest or have the 
        appearance of impropriety.
            (5) HUD-approved counseling entities and State Housing 
        Finance Agencies receiving funds under this paragraph shall 
        have demonstrated experience in successfully working with 
        financial institutions as well as borrowers facing default, 
        delinquency and foreclosure as well as documented counseling 
        capacity, outreach capacity, past successful performance and 
        positive outcomes with documented counseling plans (including 
        post mortgage foreclosure mitigation counseling), loan workout 
        agreements and loan modification agreements. NRC may use other 
        criteria to demonstrate capacity in underserved areas.
            (6) Of the total amount made available under this 
        paragraph, up to $3,000,000 may be made available to build the 
        mortgage foreclosure and default mitigation counseling capacity 
        of counseling intermediaries through NRC training courses with 
        HUD-approved counseling intermediaries and their partners, 
        except that private financial institutions that participate in 
        NRC training shall pay market rates for such training.
            (7) Of the total amount made available under this 
        paragraph, up to 5 percent may be used for associated 
        administrative expenses for the NRC to carry out activities 
        provided under this section.
            (8) Mortgage foreclosure mitigation assistance grants may 
        include a budget for outreach and advertising, and training, as 
        determined by the NRC.
            (9) The NRC shall continue to report bi-annually to the 
        House and Senate Committees on Appropriations as well as the 
        Senate Banking Committee and House Financial Services Committee 
        on its efforts to mitigate mortgage default.

           United States Interagency Council on Homelessness

                           operating expenses

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms, and the employment of experts and consultants under section 3109 
of title 5, United States Code) of the United States Interagency 
Council on Homelessness in carrying out the functions pursuant to title 
II of the McKinney-Vento Homeless Assistance Act, as amended, 
$3,300,000.

                                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 appropriations, unless expressly so provided 
herein.
    Sec. 404.  The expenditure of any appropriation under this Act for 
any consulting service through procurement 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 previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2013, or provided from any 
accounts 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 reprogramming of funds that:
            (1) creates a new program;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, 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 activities in 
        excess of $5,000,000 or 10 percent, whichever is less;
            (6) reduces existing programs, projects, or activities 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 Committees 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 transfer 
        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 appropriate, and the fiscal 
                year enacted level;
                    (B) a delineation in the table for each 
                appropriation 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 $100,000 per 
                day for each day after the required date that the 
                report has not been submitted 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 Appropriations for approval prior to the 
expenditure of such funds: Provided further, That these requests shall 
be made in compliance with reprogramming guidelines under section 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 report shall include the contractor, the amount of the 
contract 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--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels 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 training 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 Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        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 support 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 purposes of this section, public use shall not be construed to 
include economic development that primarily benefits private 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 general public (including energy-related, 
communication-related, water-related and wastewater-related 
infrastructure), other structures designated for use by the general 
public or which have other common-carrier or public-utility 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 instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided 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, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed 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 period of not more 
than 1 year, made application for restoration to his former position 
and has been certified by the Office of Personnel Management as still 
qualified to perform 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 
American 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 Association of Community Organizations 
for Reform Now (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 corporation 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 corporation 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 agreement with the authority responsible for collecting 
the tax liability, where the awarding agency is aware of the unpaid 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 interests of the Government.

                       Spending Reduction Account

    Sec. 418.  The amount by which the applicable allocation of new 
budget authority made by the Committee on Appropriations of the House 
of Representatives under section 302(b) of the Congressional Budget Act 
of 1974 exceeds the amount of proposed new budget authority is $0 
(increased by $10,000) (increased by $1,940,000).
    Sec. 419.  None of the funds made available by this Act may be used 
by the Secretary of Transportation to research or implement a distance-
based fee system, commonly referred to as Vehicle Miles Traveled, that 
would levy a fee on a vehicle user based on the distance traveled.
    Sec. 420.  None of the funds made available by this Act may be used 
in furtherance of the implementation of the European Union greenhouse 
gas emissions trading scheme for aviation activities established by 
European Union Directive 2008/101/EC.
    Sec. 421.  None of the funds made available in this Act may be used 
for the for the international highway technology scanning program, a 
program within the international highway transportation outreach 
program under section 506 of title 23, United States Code.
    Sec. 422.  None of the funds made available in this Act may be used 
for any new grant under the livable communities program of the 
Department of Transportation or the sustainable communities program of 
the Department of Housing and Urban Development or to implement any 
transfer of funds for any such new grant.
    Sec. 423.  None of the funds made available by this Act may be used 
to enforce section 526 of the Energy Independence and Security Act of 
2007 (Public Law 110-140; 42 U.S.C. 17142).
    Sec. 424.  None of the funds made available in this Act may be used 
to establish, issue, implement, administer, or enforce any prohibition 
or restriction on the establishment or effectiveness of any occupancy 
preference for veterans in supportive housing for the elderly that (1) 
is provided assistance by the Department of Housing and Urban 
Development, and (2)(A) is or would be located on property of the 
Department of Veterans Affairs, or (B) is subject to an enhanced use 
lease with the Department of Veterans Affairs.
    Sec. 425.  None of the funds made available in this Act shall be 
used to promulgate, issue, establish, implement, administer, finalize, 
or enforce the proposed rule issued by the Secretary of Housing and 
Urban Development and published in the Federal Register on September 
16, 2011 (76 F.R. 70921; relating to Implementation of the Fair Housing 
Act's Discriminatory Effects Standard).
    Sec. 426.  None of the funds made available in this Act may be used 
by the Secretary of Transportation to make any transfer under the last 
proviso under the heading ``Department of Transportation--Office of the 
Secretary--Payments to Air Carriers''.
    Sec. 427.  None of the funds made available by this Act may be used 
to design, construct, or operate a fixed guideway project located in 
Cincinnati, Ohio.
    Sec. 428.  None of the funds made available under this Act may be 
used to implement any rule or regulation that expressly prohibits an 
owner or landlord of housing from using a criminal conviction to deny 
housing to an applicant for such housing.
    Sec. 429.  None of the funds made available by this Act may be used 
to promulgate or implement any regulations that would mandate global 
positioning system (GPS) tracking, electronic on-board recording 
devices, or event data recorders in passenger or commercial motor 
vehicles.
    Sec. 430.  None of the funds made available under this Act may be 
used for the Third Street Light Rail Phase 2 Central Subway project in 
San Francisco, California.
    Sec. 431.  None of the funds made available by this Act may be used 
for the salary of any officer or employee of the Federal Highway 
Administration to implement, administer, or enforce the Migratory Bird 
Treaty Act (16 U.S.C. 703 et seq.) or Executive Order No. 13186 of 
January 10, 2001, with respect to, or to determine any action of the 
Administration to have a significant impact under section 102(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(C)) based on 
the effect of such action on, the cliff swallow or barn swallow (as 
listed in section 10.13(c)(1) of title 50, Code of Federal 
Regulations).
    Sec. 432.  None of the funds made available by this Act may be used 
for high-speed rail in the State of California or for the California 
High-Speed Rail Authority.
    This Act may be cited as the ``Transportation, Housing and Urban 
Development, and Related Agencies Appropriations Act, 2013''.

            Passed the House of Representatives June 29, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
                                                       Calendar No. 440

112th CONGRESS

  2d Session

                               H. R. 5972

_______________________________________________________________________

                                 AN ACT

   Making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
           ending September 30, 2013, and for other purposes.

_______________________________________________________________________

                             June 29, 2012

            Received; read twice and placed on the calendar