H.R. 5972 (112th): Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2013

Introduced:
Jun 20, 2012 (112th Congress, 2011–2013)
Sponsor:
Rep. Tom Latham [R-IA4]
Status:
Died (Passed House)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


6/29/2012.
Title I - Department of Transportation
Department of Transportation Appropriations Act, 2013 - Makes appropriations for FY2013 to the Department of Transportation (DOT), including:
(1) the Office of the Secretary,
(2) the Federal Aviation Administration (FAA),
(3) the Federal Highway Administration (FHWA),
(4) the Federal Motor Carrier Safety Administration (FMCSA),
(5) the National Highway Traffic Safety Administration (NHTSA),
(6) the Federal Railroad Administration (FRA),
(7) the Federal Transit Administration (FTA),
(8) the Saint Lawrence Seaway Development Corporation,
(9) the Maritime Administration,
(10) the Pipeline and Hazardous Materials Safety Administration (PHMSA),
(11) the Research and Innovative Technology Administration (RITA),
(12) the Office of Inspector General, and
(13) the Surface Transportation Board (STB).
Section 102 -
Authorizes the Secretary of Transportation (Secretary in this title) or designee to lobby states and state legislators to consider proposals for the reduction of motorcycle fatalities.
Section 103 -
Authorizes the DOT's Working Capital fund to provide advanced payments to vendors to carry out the federal transit pass transportation fringe benefit program for federal employees.
Section 104 -
Directs the Secretary to: (1) post on the DOT website a schedule of all Credit Council meetings, including the agenda for each meeting; and (2) require the Council to record the decisions and actions of the meetings.
Section 110 -
Prohibits the use of funds to compensate more than 600 technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development during FY2013.
Section 111 -
Prohibits the use of funds to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the FAA 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.
Exempts from this prohibition any negotiations between the agency and airport sponsors to:
(1) achieve agreement on "below-market" rates for these items, or
(2) grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities.
Section 112 -
Authorizes the FAA Administrator to reimburse amounts made available from certain fees to carry out the EAS program.
Section 113 -
Requires that amounts collected for safety-related training and operational services to foreign aviation authorities be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes of such appropriation.
Section 114 -
Prohibits the availability of Airport Improvement Program (AIP) grant funds to a sponsor of a commercial service airport that fails to agree to a request from the Secretary for cost-free space in a non-revenue producing, public use area of the airport to carry out a public service air passenger rights and consumer outreach campaign.
Section 115 -
Prohibits the availability of funds for paying premium pay (pay for Sunday and holiday work) to a FAA employee unless such employee actually performed worked during the time corresponding to such pay.
Section 116 -
Prohibits the obligation of funds for an FAA employee to purchase a store gift card or gift certificate through use of a government-issued credit card.
Section 117 -
Requires the Secretary to make the minimum apportionment for primary and cargo airports to sponsors of airports that: (1) received scheduled or unscheduled air service from large certified air carriers, and (2) had more than 10,000 passenger boardings in the preceding calendar year.
Section 118 -
Prohibits the obligation of funds for retention bonuses for an FAA employee without the prior written approval of the DOT Deputy Assistant Secretary for Administration.
Section 119 -
Caps at 20% the maximum allowable local share of costs of an airport sponsor or state or local government with jurisdiction over an airport in cases where the operating costs of an air traffic tower under the Contract Air Traffic Control Tower Program exceed the benefits.
(Sec. 119A) Prohibits the use of funds to implement, or to continue to implement, any limitation on the ability of a private aircraft owner or operator, upon a request to the FAA Administrator, to block, with respect to its noncommercial flights, the display of the owner's or operator's registration number in the Aircraft Situational Display to Industry data provided by the FAA to the public, unless the data has been made available to a government agency.
(Sec. 119B) Bars the use of funds to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey.
Section 120 -
Prescribes requirements, including a formula, for certain FY2013 distributions from the obligation limitation for federal-aid highways.
Section 121 -
Allows crediting to the federal-aid highways account of funds received by the Bureau of Transportation Statistics from the sale of data products to reimburse the Bureau for necessary expenses.
Section 122 -
Requires the Secretary to make an informal public notice and comment opportunity on the intent of the waiver before waiving any Buy American requirement for federal-aid highway projects.
Section 123 -
Prohibits the use of funds to approve or authorize the imposition of a toll on any segment of a federal highway in the state of Texas that is not already tolled, is constructed with federal assistance, and is in actual operation.
States that this prohibition does not apply to:
(1) any federal-aid system highway segment that will have the same number of nontoll lanes as existed before a toll is imposed, or
(2) any high-occupancy vehicle (HOV) lane converted to a toll lane if an HOV may use the toll lane without paying a toll or the HOV lane was constructed as a temporary lane to be replaced by a toll lane.
Section 130 -
Subjects funds appropriated or limited in this Act to certain safety examination and other requirements of the Department of Transportation and Related Agencies Appropriations Act, 2002 and the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 relating to Mexico-domiciled motor carriers involved in cross-border trucking between the United States and Mexico.
Section 140 -
Makes certain additional funds available to NHTSA to pay for: (1) travel and related expenses for state management reviews, and (2) core competency development training and related expenses for highway safety staff.
Section 141 -
Declares that certain limitations on obligations for NHTSA programs shall not apply to any obligational authority made available in previous public laws for multiple years, except to the extent that the obligational authority has not lapsed or been used.
Section 142 -
Prohibits the use of funds to implement establishment in the DOT of a National Highway Safety Advisory Committee.
Section 150 -
Declares that funds provided in this Act for the National Railroad Passenger Corporation (Amtrak) shall immediately cease to be available to Amtrak in the event that it contracts to have provided at or from any location outside the United States 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.
Section 151 -
Authorizes the Secretary to receive cash or spare parts from non-federal sources to repair damages to or replace federally-owned automated track inspection cars and equipment as a result of third party liability for such damages.
Section 152 -
Authorizes the Secretary to allow the issuer of any preferred stock heretofore sold to DOT to redeem or repurchase it upon the payment to DOT of an amount the Secretary determines.
Section 153 -
Bars the use of funds for Amtrak to pay overtime costs in excess of $35,000 for any Amtrak employee. Authorizes the president of Amtrak to waive such cap in cases where it poses a risk to the safety and operational efficiency of the Amtrak system.
Section 154 -
Requires certain unobligated funds for deployment of magnetic levitation (MAGLEV) transportation projects under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to be used for the elimination of hazards at specified railway-highway crossings.
Section 160 -
Declares that the limitations on obligations for FTA programs shall not apply to any grant authority previously made available for obligation, or to any other authority previously made available for obligation.
Section 161 -
Declares that funds appropriated by this Act for specified FTA discretionary program projects which are 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.
Section 162 -
Authorizes certain transfers of any public transportation funds appropriated before October 1, 2012, that remain available for expenditure.
Section 163 -
Authorizes the use of unobligated FTA capital investment grants funds for new fixed guideway systems projects.
Section 164 -
Requires that unobligated funds or recoveries under capital investment grants for new fixed guideway capital projects, which are available to the Secretary for reallocation, be directed to projects eligible to use the funds for the original purposes.
Section 165 -
Authorizes the Secretary to use 1.5% of amounts available for job access and reverse commute formula grants for specified major capital project program management activities.
Section 166 -
Bars use of funds for: (1) for capital projects in Alaska and Hawaii for new fixed guideway ferry systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals; and (2) for payments to the Denali Commission for docks, waterfront development projects, and related transportation infrastructure.
Section 167 -
Bars the use of funds to enter into a full funding grant agreement for a major transit capital project with a New Starts program share greater than 60%.
Section 168 -
Directs the Secretary to conduct a formal adjudication to require a transit agency that during FY2008 was both initially granted a 60-day period to comply with such regulations, and then subsequently granted an exception from them, to present evidence why it cannot comply.
Section 169 -
Authorizes the Secretary, when applying project justification and local commitment criteria to a New Starts project, to consider the costs and ridership of any connected project where private parties are making significant financial contributions to the construction of the connected project.
Authorizes the Secretary also to consider the significant financial contributions of such parties to the connected project when calculating the non-federal share of net capital project costs for the New Starts project.
(Sec. 169A) Makes certain permanent rescissions.
(Sec. 169B) Bars use of funds to advance a new fixed guideway capital project to final design or a full funding agreement 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.
Section 170 -
Authorizes the Maritime Administration to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy of property under its control.
Section 171 -
Bars the use of funds by DOT or the Maritime Administration to negotiate or 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 to purchase and scrap or recycle a vessel owned or operated by the Maritime Administration or that is part of the National Defense Reserve Fleet.
Section 182 -
Prohibits the availability of the funds in this Act for salaries and expenses of more than 110 political and presidential appointees in DOT. Prohibits assignment of any of such appointees on temporary detail outside DOT.
Section 183 -
Bars recipients of funds made available in this Act from disseminating personal information obtained by a state department of motor vehicles in connection with a motor vehicle record, except as permitted under specified federal criminal law. Prohibits the Secretary, however, from withholding funds for any grantee if a state fails to comply with this prohibition.
Section 185 -
Requires the Secretary to notify the congressional appropriations committees at least three full business days before announcing any project competitively selected to receive a discretionary grant award, letter of intent, or full funding grant agreement totaling $1 million or more from certain grant programs, including the federal highway emergency relief program, the FAA AIP, any FRA program, any FTA program other than the formula grants and fixed guideway modernization programs, or any funding for national infrastructure investments and assistance to small shipyards.
Section 187 -
Makes available for reimbursement of recovery costs any recovered funds that the Secretary has determined represent improper DOT payments to a third party contractor under a financial assistance award.
Section 189 -
Prohibits the use of funds by the STB to charge or collect any filing fee for rate complaints filed with it in an amount in excess of that authorized for district court civil suit filing fees under the federal judicial code.
Section 190 -
Authorizes the obligation of funds appropriated to the modal administrations for the Office of the Secretary for costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods or services purchased to provide a direct benefit to such administrations.
Title II - Department of Housing and Urban Development
Department of Housing and Urban Development Appropriations Act, 2013 - Makes appropriations for FY2013 to the Department of Housing and Urban Development (HUD) for:
(1) administration, operations, and management;
(2) the Office of Public and Indian Housing;
(3) the Office of Community Planning and Development;
(4) the Office of Housing and the Federal Housing Administration (FHA);
(5) the Government National Mortgage Association (Ginnie Mae);
(6) Office of Policy Development and Research;
(7) Office of Fair Housing and Equal Opportunity;
(8) the Office of Healthy Homes and Lead Hazard Control; and
(9) the Office of Inspector General.
Section 201 -
Requires rescission of 50% of the amounts of budget authority (or, in the alternative, remittance to the Treasury of 50% of the associated cash amounts) that are recaptured from certain state-, local government-, or local housing agency-financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988.
Requires such recaptured budget authority or funds, as well as any budget authority or cash recaptured and not rescinded or remitted to the Treasury, to be used by state housing finance agencies or local governments or local housing agencies with HUD-approved projects for which settlement occurred after January 1, 1992.
Authorizes the Secretary of HUD (Secretary in this title), all the same, to award up to 15% of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their projects at a lower interest rate.
Section 202 -
Prohibits the use of funds during FY2013 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 non-frivolous legal action, that is engaged in solely to achieve or prevent action by a government official or entity, or a court of competent jurisdiction.
Section 203 -
Directs the Secretary to make a grant under certain authority of the AIDS Housing Opportunity Act for any state that received an allocation in a prior fiscal year, but is not otherwise eligible for an FY2013 allocation because the areas in the state outside of qualifying metropolitan statistical areas in FY2013 do not have the number of cases of acquired immunodeficiency syndrome (AIDS) otherwise required.
Prescribes a formula for the allocation of such grants to Jersey City and Paterson, New Jersey. Requires the Secretary to:
(1) adjust the funds allocated for FY2013 under the AIDS Housing Opportunity Act to Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division; and
(2) allocate a portion to the state of New Jersey according to a specified formula.
Directs the Secretary to allocate to Wake County, North Carolina, certain funds that otherwise would be allocated for FY2013 under such Act to Raleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina, Metropolitan Statistical Area. Authorizes the Secretary to:
(1) adjust FY2013 allocations under such Act upon the written request of a grant applicant for a formula allocation on behalf of a metropolitan statistical area, and
(2) designate the state or states in which the metropolitan statistical area is located as the eligible grantee(s) of the allocation.
Section 204 -
Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with the Department of Housing and Urban Development Reform Act of 1989.
Section 205 -
Makes certain funds available, without regard to limitations on administrative expenses, for: (1) legal services on a contract or fee basis; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.
Section 207 -
Authorizes any HUD corporations and agencies subject to the Government Corporation Control Act to make expenditures, contracts, and commitments without regard to fiscal year limitations as necessary to carry out their FY2013 budgets.
Section 208 -
Directs the Secretary to report quarterly to the congressional appropriations committees regarding all uncommitted, unobligated, recaptured, and excess funds in each program and activity within HUD jurisdiction, along with additional, updated budget information upon request.
Section 209 -
Requires the President's formal budget request for FY2014 and HUD's congressional budget justifications to use the identical account and subaccount structure provided under this Act.
Section 210 -
Declares that a public housing agency (PHA), or other entity, that administers federal housing assistance for the Housing Authority of the county of Los Angeles, California, or the states of Alaska, Iowa, or Mississippi shall not be required to include a resident of public housing or a recipient of section 8 rental assistance (under the United States Housing Act of 1937) on the agency or entity governing board.
Requires each such PHA (or other entity) that chooses not to include such individuals on its governing board to establish an advisory board, which shall meet at least quarterly, consisting of at least six residents of public housing or section 8 rental assistance recipients.
Section 211 -
Authorizes the Secretary for FY2013-FY2014, subject to specified conditions, to 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.
Section 212 -
Prohibits the use of funds provided under this title for an audit of Ginnie Mae that applies certain requirements of the Federal Credit Reform Act of 1990.
Section 213 -
Prohibits any section 8 rental assistance to any individual who:
(1) is enrolled as a student at an institution of higher education;
(2) is under age 24;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, and was not receiving section 8 assistance as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive such assistance.
Declares that, for section 8 rental assistance eligibility purposes, any financial assistance (in excess of amounts received for tuition) that an individual receives under the Higher Education Act of 1965, from private sources, or an institution of higher education, shall be considered income to that individual, except for a person over age 23 with dependent children.
Section 214 -
Requires that the funds made available for Native American Housing Block Grants in title III of this Act be allocated to the same recipients that received funds in FY2005.
Section 215 -
Authorizes the Secretary through FY2013 to insure, and enter into commitments to insure, home equity conversion mortgages (HECMs, or reverse mortgages) for elderly homeowners.
Section 216 -
Requires the Secretary during FY2013, in managing and disposing of any multifamily property that is owned or has a mortgage held by HUD, and during the process of foreclosure on any property with a contract for section 8 rental assistance payments or other federal programs, to maintain any rental assistance payments attached to any dwelling units in the property.
Authorizes the Secretary, however, to the extent that such a multifamily property is not feasible for continued payments, based on specified cost, operation, or environmental considerations, to:
(1) contract, in consultation with the property's tenants, for project-based rental assistance payments with an owner or owners of other existing housing properties; or
(2) provide other rental assistance.
Section 217 -
Requires the Secretary to report quarterly to congressional appropriations committees on HUD use of all sole source contracts.
Section 218 -
States that, during FY2013, a family residing in an assisted living facility in any county of Michigan with a section 8 rental assistance demonstration program, and on behalf of which a PHA provides such assistance, may be required, when the family initially receives the assistance, to pay rent in an amount exceeding 40% of the family's monthly adjusted income by any percentage or amount the Secretary determines appropriate.
Section 219 -
Authorizes any recipient after December 26, 2000, of a grant for conversion of elderly housing to assisted living facilities to: (1) establish a single-asset nonprofit entity to own the project; and (2) lend the grant funds to such entity, which may be a for-profit limited partnership the sole general partner of which is a private nonprofit organization meeting specified requirements, or a corporation wholly owned and controlled by such a private nonprofit organization.
Section 220 -
Authorizes the use of Community Development Loan Guarantee funds in FY2013 to guarantee, or make commitments to guarantee, notes or other obligations issued by any state on behalf of its non-entitlement communities.
Section 221 -
Authorizes PHAs that own and operate 400 or fewer public housing units to elect to be exempt from any asset management requirements imposed by the Secretary in connection with the operating fund rule. Prohibits exemption from such requirements, however, for an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula.
Section 222 -
Prohibits the Secretary, with respect to the use of funds for the operation, capital improvement, and management of public housing authorized by the United States Housing Act of 1937, from imposing any asset management requirement or guideline that restricts or limits in any way the use of capital funds for central office costs.
Prohibits a PHA, however, from using capital funds authorized for eligible operation and management activities with operating funds in excess of specified permitted amounts.
Section 223 -
Prohibits designation of a HUD official or employee as an allotment holder unless he or she has: (1) implemented an adequate system of funds control, and (2) received training in funds control procedures and directives.
Section 224 -
Requires payment of attorney fees in program-related litigation from individual program office personnel benefits and compensation funding.
Section 225 -
Requires the Secretary for FY2013 and thereafter to notify the public through the Federal Register and other appropriate means of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund that is to be awarded competitively. Authorizes the Secretary for such period to make the NOFA available only on the Internet at the appropriate government website or through other electronic media.
Section 227 -
Considers the HUD-administered Disaster Housing Assistance Programs as a HUD program under the McKinney Act for income verification and matching purposes.
Section 228 -
Prohibits during any PHA FY2013 the use of funds, made available for specified purposes of the United States Housing Act of 1937 (including the Section 8 tenant-based rental assistance program), by any PHA for any amount of salary for its chief executive officer, or any other official or employee that exceeds the annual rate of basic pay for a position at level IV of the Executive Schedule.
Section 229 -
Amends the National Housing Act to extend through July 31, 2016, the exemption that authorizes the Secretary to provide mortgage insurance to critical access hospitals.
Section 230 -
Amends the Housing and Community Development Act of 1992, with respect to loan guarantees for Indian housing, to increase the maximum fee from 1% to 3% of a loan's principal obligation. Authorizes the Secretary also to establish and collect annual premium payments of up to 1% of the remaining guaranteed balance (excluding the portion attributable to a collected fee).
Section 231 -
Amends the Cranston-Gonzalez National Affordable Housing Act to revise requirements with respect to termination of tenancy by an owner of affordable housing assisted under such Act for rental.
States that the mandatory 30-day notice is not required if the grounds for the termination or refusal to renew a lease 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 requirements of state or local law).
Revises requirements regarding the recapture and reuse of funds set-aside for investment only in housing to be developed, sponsored, or owned by community housing development organizations.
Requires the Secretary to deduct any such funds remaining uninvested for a 24-month period from the line of credit in the participating jurisdiction's HOME Investment Trust Fund and reallocate them by a specified reallocation formula other than the current direct reallocation formula.
Section 232 -
Authorizes through FY2013 the continued provision of funds under prior appropriations Acts for Revitalization of Severely Distressed Public Housing (HOPE VI) funding or for the Choice Neighborhoods Initiative funding as assistance for project demolition, site revitalization, replacement housing, and tenant-based assistance grants.
Section 233 -
Changes from quarterly to annual the reports to congressional appropriations committees on all steps taken to prevent fraud and abuse of Community Development Funds, especially in the form of duplication of benefits.
Section 234 -
Amends the Consolidated Appropriations Act, 2008 to repeal the mandatory transfer to the Flexible Subsidy Fund of all uncommitted balances in the Rental Housing Assistance Fund of certain excess rental charges as of September 30, 2007, as well as any collections made during FY2008 and all subsequent fiscal years.
Title III - Related Agencies
Makes appropriations for FY2013 to: (1) the Access Board, (2) the Federal Maritime Commission, (3) the Office of Inspector General for the National Railroad Passenger Corporation (Amtrak), (4) the National Transportation Safety Board (NTSB), (5) the Neighborhood Reinvestment Corporation, and (6) the U.S. Interagency Council on Homelessness.
Title IV - General Provisions (This Act)
Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
Section 401 -
Requires any sums necessary for FY2013 pay raises for programs funded in this Act to be absorbed within the levels appropriated in this or previous appropriations Acts.
Section 402 -
Prohibits the use of funds for the planning or execution of any program to pay the expenses of, or otherwise compensate, nonfederal parties intervening in regulatory or adjudicatory proceedings funded in this Act.
Section 407 -
Requires all federal agencies and departments funded by this Act to report by July 30, 2013, to the congressional appropriations committees on all sole-source contracts.
Section 409 -
Prohibits the use of funds 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.
Section 411 -
Prohibits payment of the salary from any appropriation under this Act of any person filling a position (other than temporary) formerly held by an employee who has:
(1) left to enter the U.S. Armed Forces;
(2) satisfactorily completed his or her period of active military or naval service;
(3) within 90 days after release from such service, or from hospitalization continuing after discharge for up to one year, applied for restoration to his former position; and
(4) been certified by the Office of Personnel Management (OPM) as still qualified to perform the duties of his or her former position, but not been restored to it.
Section 412 -
Prohibits the expenditure of funds appropriated under this Act by an entity unless the entity agrees to comply with the Buy American Act.
Section 413 -
Prohibits the availability of funds to any person or entity that has been convicted of violating the Buy American Act.
Section 414 -
Prohibits the use of funds under this Act for first-class airline accommodations in contravention of specified federal regulations.
Section 415 -
Prohibits the provision of any funds made available under this or prior Acts to the Association of Community Organizations for Reform Now (ACORN) or its affiliates, subsidiaries, or allied organizations.
Section 416 -
Prohibits the use of funds made available by this Act 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 its behalf 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 determined that this further action is not necessary to protect the interests of the government.
Section 417 -
Makes the same prohibition with respect to any corporation with any unpaid federal tax liability that is not being paid in a timely manner, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and determined that this further action is not necessary to protect the interests of the government.
Section 418 -
Establishes a spending reduction account consisting of the amount by which each applicable allocation of new budget authority made by the Committee on Appropriations of the House exceeds the amount of proposed new budget authority. Makes such amount $0.
Section 419 -
Prohibits the use of funds under this Act by the Secretary of Transportation to research or implement a distance-based (Vehicle Miles Traveled) fee system that would levy a fee on a vehicle user based on the distance traveled.
Section 420 -
Prohibits the use of funds under this Act to further implementation of the European Union greenhouse gas emissions trading scheme for aviation activities established by European Union Directive 2008/101/EC.
Section 421 -
Prohibits the use of funds under this Act for the international highway technology scanning program.
Section 422 -
Prohibits the use of funds under this Act for any new grant under the DOT livable communities program or the HUD sustainable communities program or to implement any transfer of funds for any such new grant.
Section 423 -
Prohibits the use of funds under this Act to enforce the requirement under the Energy Independence and Security Act of 2007 that any federal agency contract for procurement of an alternative or synthetic fuel for any mobility-related use (other than for research or testing) specify that the lifecycle greenhouse gas emissions associated with the production and combustion of the fuel supplied under the contract must, on an ongoing basis, be less than or equal to such emissions from the equivalent conventional fuel produced from conventional petroleum sources.
Section 424 -
Prohibits the use of funds under this Act 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 HUD assistance; and (2) is or would be located on property of the Department of Veterans Affairs (VA), or is subject to an enhanced use lease with the VA.
Section 425 -
Prohibits the use of funds under this Act to promulgate, issue, establish, implement, administer, finalize, or enforce the proposed HUD rule published in the Federal Register on September 16, 2011, which relates to Implementation of the Fair Housing Act's Discriminatory Effects Standard.
Section 426 -
Prohibits the use of funds under this Act by the DOT Secretary to make any transfer under the requirement of title I of this Act that, if the funds for payments to air carriers are insufficient to meet the costs of the essential air service (EAS) program in the current fiscal year, the Secretary transfer necessary sums for the EAS program from any available amounts appropriated to or directly administered by the Office of the Secretary for that fiscal year.
Section 427 -
Prohibits the use of funds under this Act to design, construct, or operate a fixed guideway project located in Cincinnati, Ohio.
Section 428 -
Prohibits the use of funds under this Act 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.
Section 429 -
Prohibits the use of funds under this Act 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.
Section 430 -
Prohibits the use of funds under this Act for the Third Street Light Rail Phase 2 Central Subway project in San Francisco, California.
Section 431 -
Prohibits the use of funds under this Act for the salary of any officer or employee of the Federal Highway Administration to implement, administer, or enforce the Migratory Bird Treaty Act 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 the National Environmental Policy Act of 1969 based on the effect of such action on, the cliff swallow or barn swallow.
Section 432 -
Prohibits the use of funds under this Act for high-speed rail in California or for the California High-Speed Rail Authority.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/112/2/hr5972.

Summary

H.R. 5972 would provide a total of $51.6 billion in non-emergency, discretionary budget authority for the agencies and programs funded through the Transportation, Housing and Urban Development Appropriations bill. Budget authority in the bill would be a reduction of $3.9 billion or 7 percent below last year’s spending level and $1.87 billion below the level requested by the President for FY 2013. H.R. 5972 would contribute to an overall level of discretionary budget authority of $1.028 trillion for FY 2013 as contained in H.Con.Res. 112, the Concurrent Resolution on the Budget for Fiscal Year 2013.

H.R. 5972 would provide $17.6 billion in discretionary budget authority for the Department of Transportation, which includes the Federal Aviation Administration, the Federal Highway Administration, Federal Motor Carrier Safety Administration, Federal Railroad Administration, and the Federal Transit Administration. The bill would set limitations on funding obligations from the Highway Trust Fund (HTF) at $39.1 billion, the same as last year and $2.7 billion below the President’s request. The bill would also provide $33.58 billion in discretionary funding for the Department of Housing and Urban Development, including funds for Public and Indian Housing, Community Planning and Development programs, and the Federal Housing Administration, which is $3.8 billion below last year’s level.

 

Transportation, Housing and Urban Development FY 2013 Appropriated Budget Authority 
(In thousands of dollars)

 

FY 2012

President Request

H.R. 5972

Change from FY 2012

Change from Request

Change from FY 2012 %

Change from Request %

Total Discretionary Budget Authority

55,550,000

53,479,199

51,606,000

-3,944,000

-1,873,199

-7.1%

-3.5%

 

 

TITLE I—Department of Transportation

The bill would provide $17.6 billion in discretionary budget authority for the Department of Transportation (DOT), a reduction $1.9 billion below the President’s requested level. The bill would set obligation limitations on contract authority from the Highway Trust Fund (HTF) at $39.1 billion, the same as last year and $2.7 billion below the President’s request. According to the Appropriations Committee, “The highway program still requires reauthorization, and the funding level provided in the bill may change upon the enactment of a highway authorization bill for the next fiscal year.”

Federal Highway Administration: Including limitations on funding from the HTF, the bill would provide $39.8 billion in total budgetary resources for the Federal Highway Administration, $1.6 billion below last year and $2.6 billion below the President’s requested level. The HTF was established in 1956 for the purpose of funding the construction of an interstate highway system. The account is administered by the Federal Highway Administration, within the Department of Transportation, and distributes gasoline tax revenues annually to states for highway projects.

FAA: H.R. 5972 would provide $12.6 billion for the Federal Aviation Administration (FAA), an increase of $91 million above last year and $104 million below the President’s request. According to the Appropriations Committee, the bill provides nearly $1 billion for the FAA’s Next Generation Air Transportation System (NextGen) allowing the FAA to move forward with the next step in modernizing the nation’s air control and airport system. The bill would also support operations and staffing, meant to help ease congestion and reduce delays for travelers in U.S. airspace.

Federal Railroad Administration: The bill would provide $2 billion for the Federal Railroad Administration (FRA), an increase of $383 million above last year and $716 million below the President’s requested level. According to the Appropriations Committee, $1.8 billion of this funding is targeted for Amtrak, primarily for capital improvements to the nation’s rail lines. Within the funds for Amtrak, the bill would include $500 million in grant funding to build and maintain rail bridges and tunnels in local communities, and rescinds funding for high-speed rail service.

Amtrak: Under the President’s surface transportation funding proposal, Amtrak would no longer receive appropriated funding for capital and operating grant accounts but would be a grantee for federal grants under the “System Preservation and Renewal” component of a new, $2.7 billion National Rail System program based on programs created in the failed “stimulus” bill. This legislation would continue to provide Amtrak funding through capital and operating grants and would appropriate $716 million less for total federal railroad operations than the President’s request. The bill would increase Amtrak’s operating grant funding by $384 million above last year “to reduce the state-of-good-repair infrastructure backlog.” As the Committee Report notes, “Amtrak runs a deficit each year and requires a federal subsidy to cover both operating losses and capital investments. The Committee commends Amtrak for taking steps to lower the needed Federal subsidy for operating losses. While not yet fully self-sufficient, Amtrak has taken steps that reduce the need for a Federal subsidy by over $100,000,000 in fiscal year 2012.” According to the Appropriations Committee, “the bill also includes policy reforms for Amtrak that have been enacted in previous years, such as requiring overtime limits on Amtrak employees to reduce unnecessary costs, and prohibiting federal funding for routes where Amtrak offers a discount of 50% or more off normal, peak fares.”

D.C. Metro: The bill would provide $150 million in appropriations for the Washington Metropolitan Area Transit Authority (WMATA) to conduct capital improvements on their train system under legislation passed in the 110th Congress which authorized $1.5 billion in federal aid over ten years for local train improvements.

Maritime Administration: H.R. 5972 would provide $337 million for the Maritime Administration, a decrease of $7 million below last year’s level.

 

TITLE II—Department of Housing and Urban Development

H.R. 5972 would provide a total of $33.5 billion in funding for the Department of Housing and Urban Development (HUD), including offsetting receipts. The bill would reduce appropriated funding by $3.8 billion or 10 percent compared to last year and increase HUD funding by $28 million relative to the President’s request. Funding would include $26.3 billion for Public and Indian Housing, an increase of $759 million above last year’s level and $250 million below the President’s request. The bill would also provide $9.3 billion for housing programs, a reduction of $361 million below last year’s level and $49 million below the request. Appropriations under this title would be partially offset by incoming receipts available from the Federal Housing Administration’s (FHA) mortgage insurance accounts, which CBO estimates will total $10.4 billion. FHA offsetting receipts would reduce the total amount of appropriated budget authority under Title II by $10.21 billion.

Management and Administration: The legislation would provide $1.3 billion for HUD management and administration, a reduction of $5 million below last year and $22 million below the President’s request.

Tenant-Based Rental Assistance: The bill would provide $19.1 billion for the Tenant-Based Rental Assistance program, an increase of $219 million over last year and $60 million above the President’s request. 

Native Hawaiian Loan Guarantees and Block Grants: The bill would provide no funding for Native Hawaiian Loan Guarantees and Block Grants and notes that the program is not authorized.

Community Planning and Development: H.R. 5972 would provide $7 billion for Community Development and Planning, an increase of $299 million over last year and $295 million above the President’s request.

Project-Based Rental Assistance: The bill would provide $8.7 billion for Project-Based Rental Assistance, a reduction of $639 million below last year’s levels and the same as the President’s request.

 

Title III—Independent Agencies

H.R. 5972 would provide $388 million in funding for other independent agencies, an increase of $15 million over last year. Programs funded under this title include the Federal Maritime Commission, the National Transportation Safety Board, the Neighborhood Reinvestment Corporation, and the U.S. Interagency Council on Homelessness.

 

FY 2013 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act
In Thousands

Program

FY 2012

President's Request

H.R. 5972

Change From FY 2012

Change From Request

% Change From Request

% Change From FY 2012

 

TITLE I--Department of Transportation

Office of the Secretary

Salaries and Expenses

102,481

110,450

108,277

5,796

-2,173

5.7%

-2.0%

Office of Civil Rights

9,384

9,773

9,773

389

0

4.1%

0.0%

Financial Management Capital

4,990

10,000

10,000

5,010

0

100.4%

0.0%

National Infrastructure Investments

500,000

500,000

0

-500,000

-500,000

-100.0%

-100.0%

Cyber Security Initiatives

10,000

6,000

6,000

-4,000

0

-40.0%

0.0%

Payments to air carriers

143,000

114,000

114,000

-29,000

0

16.8%

0.0%

Office of the Secretary Total

779,591

783,412

260,569

-519,022

-522,843

-14.9%

-66.7%

Federal Aviation Administration

Operations

9,653,395

9,718,000

9,718,000

64,605

0

0.7%

0.0%

Facilities and Equipment

2,730,731

2,850,000

2,749,596

18,865

-100,404

0.7%

-3.5%

Research, engineering and development

167,556

180,000

175,000

7,444

-5,000

4.4%

-2.8%

FAA Total

12,551,682

12,747,000

12,642,596

90,914

-104,404

0.7%

-0.8%

Federal Highway Administration

Highway Trust Fund Obligations Limitation

39,143,583

41,830,000

39,143,583

0

-2,686,417

0.0%

-6.4%

Exempt Contract Authority

739,000

739,000

739,000

0

0

0.0%

0.0%

Emergency Spending

1,662,000

0

0

-1,662,000

0

N/A

N/A

Total Federal Highway Administration

41,544,583

42,569,000

39,882,583

-1,662,000

-2,686,417

-4.0%

-6.3%

Federal Motor Carrier Safety Administration

Motor Carrier Safety Operations (Limitation)

247,724

250,000

244,144

-3,580

-5,856

-1.4%

-2.3%

Motor Carrier Safety Grants (Limitation)

307,000

330,000

307,000

0

-23,000

0.0%

-7.0%

National Highway Traffic Safety Administration

Operations and Research (General Fund)

140,146

0

152,000

11,854

152,000

8.5%

N/A

Operations and Research (HTF)

109,500

150,000

122,360

12,860

-27,640

11.7%

-18.4%

Highway Traffic Safety Grants (HTF Limitation)

659,828

793,000

624,188

-35,640

-168,812

-5.4%

-21.3%

NHTSA Total(General Fund Discretionary Appropriations)

140,146

188,000

152,000

11,854

-36,000

12.6%

-19.1%

Federal Railroad Administration

Safety and operations

178,596

156,000

184,000

5,404

28,000

3.0%

17.9%

Railroad Research and Development

35,000

35,500

35,500

500

0

1.4%

0.0%

POTUS Requested Preservation/National Rail System Program

0

1,546,000

0

0

-1,546,000

-100.0%

-100.0%

POTUS Requested Development/National Rail Network Program

0

1,000,000

0

0

-1,000,000

-100.0%

-100.0%

Amtrak operating subsidy grants

466,000

0

350,000

-116,000

350,000

-24.9%

N/A

Amtrak capital and debt service grants

952,000

0

1,452,000

500,000

1,452,000

52.5%

N/A

Total Federal Railroad Administration

1,631,596

2,731,108

2,015,108

383,512

-716,000

23.5%

-26.2%

Federal Transit Administration

Administrative expenses

98,713

166,000

100,000

1,287

-66,000

1.3%

-39.8%

DC Metro

150,000

134,477

149,477

-523

15,000

-0.3%

11.2%

Formula and Bus Grants (Limitation)

8,360,565

8,178,557

8,360,565

0

182,008

0.0%

2.2%

Capital Investment Grants

1,955,000

2,235,486

1,816,993

-138,007

-418,493

-7.1%

-18.7%

Total Federal Transit Administration (Discretionary)

2,189,213

2,554,552

2,008,102

-181,111

-546,450

-1.8%

-21.4%

Maritime Administration

Maritime Security Program

174,000

184,000

184,000

10,000

0

5.7%

0.0%

Operations and training

156,258

146,298

145,753

-10,505

-545

-6.7%

-0.4%

Ship disposal

5,500

10,000

4,000

-1,500

-6,000

-27.3%

-60.0%

Total Maritime Administration

313,498

344,048

337,503

24,005

-6,545

7.7%

-1.9%

Additional Department of Transportation Appropriations

Pipeline and Hazardous Materials Safety Administration (with incoming fees)

81,632

80,591

83,510

1,878

2,919

2.3%

3.6%

Research and Innovative Technology Administration

15,981

0

13,500

-2,481

13,500

-15.5%

100.0%

Office of Inspector General

79,624

84,499

84,499

4,875

0

6.1%

0.0%

Surface Transportation Board

28,060

30,000

30,000

1,940

0

6.9%

0.0%

Total Department of Transportation Discretionary Funding

17,744,548

19,550,026

17,634,203

-110,345

-1,915,823

-0.6%

-10.9%

TITLE II - Department of Housing and Urban Development

Management and Administration

Administration, Operations and Management

537,789

532,546

518,068

-19,721

-14,478

-3.7%

-2.7%

Public Office Salaries and Expenses

793,711

816,854

808,546

14,835

-8,308

1.9%

-1.0%

Total Management and Administration

1,331,500

1,349,400

1,326,614

-4,886

-22,786

-0.4%

-1.7%

Public and Indian Housing Programs

Tenant based Rental Assistance

18,914,369

19,074,283

19,134,283

219,914

60,000

1.2%

0.3%

Public Housing Capital Fund

1,875,000

2,070,000

1,985,000

110,000

-85,000

5.9%

-4.1%

Public Housing Operating Fund

3,961,850

4,524,000

4,524,000

562,150

0

14.2%

0.0%

Native American housing block grant

650,000

650,000

650,000

0

0

0.0%

0.0%

Indian Housing Loan Guarantee Fund Program

6,000

7,000

6,000

0

-1,000

0.0%

-14.3%

Total Public and Indian Housing Programs

25,340,605

26,549,283

26,299,283

958,678

-250,000

3.8%

-0.9%

Advanced Appropriations

4,000,000

4,000,000

4,000,000

0

0

0.0%

0.0%

Community Planning and Development

Community development fund

2,948,090

2,948,090

3,404,000

455,910

455,910

15.5%

15.5%

Homeless assistance grants

1,901,190

2,231,000

2,000,000

98,810

-231,000

5.2%

4.4%

Housing Opportunities for Persons with AIDS

332,000

330,000

330,000

-2,000

0

-0.6%

-0.6%

HOME Investment Partnership Program

1,000,000

1,000,000

1,200,000

200,000

200,000

20.0%

20.0%

Total Community Planning and Development

6,700,732

6,704,090

7,000,000

299,268

295,910

4.5%

4.5%

Housing Programs

Project Based Rental Assistance

9,339,672

8,700,400

8,700,400

-639,272

0

-6.8%

0.0%

Housing Counseling Assistance

45,000

55,000

45,000

0

-10,000

0.0%

-18.2%

Housing for Persons with Disabilities

165,000

150,000

165,000

0

15,000

0.0%

10.0%

Housing for the Elderly

374627

475,000

425,000

50,373

-50,000

13.4%

-10.5%

Manufactured Housing Fees Trust Fund

2,500

400

0

-2,500

-400

-100.0%

-100.0%

Total Housing Programs

9,694,999

9,384,400

9,335,400

-359,599

-49,000

-3.7%

-0.5%

Federal Housing Administration

Limitation on Guaranteed Loans

400,000,000

400,000,000

400,000,000

0

0

0.0%

0.0%

Administrative Contract Expenses

207,000

215,000

215,000

8,000

0

3.9%

0.0%

Offsetting Receipts

-5,172,000

-10,434,000

-10,434,000

-5,262,000

0

101.7%

0.0%

Total Federal Housing Administration (Negative numbers equal offsetting receipts)

-4,965,000

-10,219,000

-10,219,000

-5,254,000

0

105.8%

0.0%

Additional Department of Housing and Urban Development Appropriations

Fair Housing and Equal Opportunity

70,847

68,000

68,000

-2,847

0

-4.0%

0.0%

Working capital fund

199,035

170,000

175,000

-24,035

5,000

-12.1%

2.9%

 Lead Hazard Reduction

120,000

120,000

120,000

0

0

0.0%

0.0%

Total FY 2012 Discretionary HUD Appropriations

39,841,318

40,362,773

40,391,397

550,079

28,624

1.4%

0.1%

Advanced Appropriations

4,000,000

4,000,000

4,000,000

0

0

0.0%

0.0%

Offsetting Receipts

-5,822,000

-11,204,000

-11,204,000

-5,382,000

0

92.4%

0.0%

Including Offsetting Receipts and Advanced Appropriations

37,433,718

33,554,773

33,583,597

-3,850,121

28,824

-10.3%

0.1%

TITLE III - Related Agencies

Total Other Independent Agencies

373,000

374,400

388,400

15,400

14,000

4.1%

3.7%

FY 2013 THUD Appropriations Totals

Total Discretionary Appropriations

55,550,000

53,479,199

51,606,000

-3,944,000

-1,873,199

-7.1%

-3.5%

 

 

Cost

H.R. 5972 would provide a total of $51.6 billion in budget authority for agencies and programs funded through the Transportation, Housing and Urban Development Appropriations Subcommittee.

House Democratic Caucus Summary

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So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 73 Stat. 667
  • 112 Stat. 4968
  • 125 Stat. 693-694

Other Citations

  • 49 U.S.C. Chapter 303
  • 49 U.S.C. Chapter 475
  • 49 U.S.C. Chapter 53