[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5850 Engrossed in House (EH)]
111th CONGRESS
2d Session
H. R. 5850
_______________________________________________________________________
AN ACT
Making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2011, 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, 2011, 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, $111,615,000
(reduced by $1,600,000), of which not to exceed $2,667,000 shall be
available for the immediate Office of the Secretary; not to exceed
$1,000,000 shall be available for the immediate Office of the Deputy
Secretary; not to exceed $19,711,000 shall be available for the Office
of the General Counsel; not to exceed $12,015,000 (reduced by $250,000)
shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $11,899,000 (reduced by
$1,600,000) shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,530,000 (reduced by
$50,000) shall be available for the Office of the Assistant Secretary
for Governmental Affairs; not to exceed $25,695,000 (reduced by
$175,000) shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $2,240,000 (reduced by $100,000)
shall be available for the Office of Public Affairs; not to exceed
$1,683,000 shall be available for the Office of the Executive
Secretariat; not to exceed $1,513,000 (increased by $100,000) shall be
available for the Office of Small and Disadvantaged Business
Utilization; not to exceed $10,999,000 for the Office of Intelligence,
Security, and Emergency Response; and not to exceed $19,663,000 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 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.
livable communities
For necessary expenses for livable communities initiatives,
including coordinating livability and sustainability work within the
Department of Transportation and with the Environmental Protection
Agency and the Department of Housing and Urban Development; developing
performance standards and metrics; building analytical capacity; and
providing grants and direct technical assistance to State, local, and
non-profit organizations, $20,000,000, to remain available until
September 30, 2013; Provided, That any grants and technical assistance
made available under this heading shall be for improved performance
measurement capabilities, enhanced ability to perform alternatives
analysis, and training and workshops for personnel.
national infrastructure investment
For capital investments in transportation infrastructure,
$400,000,000, to remain available through September 30, 2013: Provided,
That the Secretary of Transportation shall distribute funds provided
under this heading as discretionary grants to be awarded to a State,
local government, transit agency, or a collaboration among such
entities on a competitive basis for projects that will have a
significant impact on the Nation, a metropolitan area, or a region:
Provided further, That projects eligible for funding provided under
this heading shall include, but not be limited to, highway or bridge
projects eligible under title 23, United States Code; public
transportation projects eligible under chapter 53 of title 49, United
States Code; passenger and freight rail transportation projects; and
port infrastructure investments: Provided further, That in distributing
funds provided under this heading, the Secretary shall take such
measures so as to ensure an equitable geographic distribution of funds,
an appropriate balance in addressing the needs of urban and rural
areas, and the investment in a variety of transportation modes:
Provided further, That a grant funded under this heading shall be not
less than $5,000,000 and not greater than $75,000,000: Provided
further, That not more than 12.5 percent of the funds made available
under this heading may be awarded to projects in a single State:
Provided further, That the Federal share of the costs for which an
expenditure is made under this heading shall be, at the option of the
recipient, up to 80 percent: Provided further, That the Secretary shall
give priority to projects that require a contribution of Federal funds
in order to complete an overall financing package: Provided further,
That not less than $100,000,000 of the funds provided under this
heading shall be for projects located in rural areas: Provided further,
That for projects located in rural areas, the minimum grant size shall
be $1,000,000 and the Secretary may increase the Federal share of costs
above 80 percent: Provided further, That of the amount made available
under this heading, the Secretary may use an amount not to exceed
$60,000,000 for the purpose of paying the subsidy and administrative
costs of projects eligible for federal credit assistance under chapter
6 of title 23, United States Code, if the Secretary finds that such use
of the funds would advance the purposes of this paragraph: Provided
further, That the Secretary may use up to ten percent of the funds
provided under this heading to fund the costs of equipping aircraft
with communications, surveillance, navigation and other avionics to
conduct a demonstration of NextGen air traffic control capabilities
through grants or other authorities available under section 106(l)(6)
of title 49, United States Code: Provided further, That of the amount
made available under this heading, the Secretary may use an amount not
to exceed $20,000,000 for the planning, preparation or design of
projects eligible for funding under this heading: Provided further,
That projects conducted using funds provided under this heading must
comply with the requirements of subchapter IV of chapter 31 of title
40, United States Code: Provided further, That the Secretary shall
publish criteria on which to base the competition for any grants
awarded under this heading no sooner than 60 days after enactment of
this Act, require applications for funding provided under this heading
to be submitted no sooner than 120 days after the publication of such
criteria, and announce all projects selected to be funded from funds
provided under this heading no sooner than September 15, 2011: Provided
further, That the Secretary may retain up to $16,000,000 of the funds
provided under this heading, and may transfer portions of those funds
to the Administrators of the Federal Highway Administration, the
Federal Transit Administration, the Federal Railroad Administration,
the Federal Aviation Administration, and the Federal Maritime
Administration, to fund the award and oversight of grants made under
this heading.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $18,500,000, to remain available until expended.
cyber security initiatives
For necessary one-time expenses for cyber security initiatives,
including 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, $28,188,000, to
remain available until expended.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,767,000.
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, $9,819,000.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $148,096,000, 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 the approval of the agency modal administrator:
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, $329,000, 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 $18,367,000. In addition, for administrative expenses to
carry out the guaranteed loan program, $584,000.
minority business outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $3,395,000 (increased by $225,000), to remain
available until September 30, 2012: 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, $146,000,000, 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, 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. None of the funds made available under this Act may be
obligated or expended to establish or implement a program under which
essential air service communities are required to assume subsidy costs
commonly referred to as the EAS local participation program.
Sec. 103. The Secretary or his designee may engage in activities
with States and State legislators to consider proposals related to the
reduction of motorcycle fatalities.
Sec. 104. (a) Prior to awarding any grants under the National
Infrastructure Investments program, the Secretary of Transportation
shall post on the Department of Transportation website any request or
application for funding received by the Department for projects from
the program. Such post shall include a copy of any such request or
application and all project data and supplemental materials provided by
the entity seeking such grant.
(b) No later than 5 days after the announcing of grant awards, the
Secretary shall post on the Department of Transportation website a
complete description and accounting of what criteria, both qualitative
and quantitative, was used in the selection of the grants under the
program.
(c) The Office of Inspector General of the Department of
Transportation shall audit and review 10 percent of grant recipients
under the National Infrastructure Investments program to ensure that
funds issued under such program are used appropriately and within the
scope of the grant awarded.
Federal Aviation Administration
operations
(airport and airway trust fund)
(including transfer of funds)
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,
$9,793,000,000, of which $3,900,000,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $7,630,628,000
shall be available for air traffic organization activities; not to
exceed $1,304,486,000 shall be available for aviation safety
activities; not to exceed $16,747,000 shall be available for commercial
space transportation activities; not to exceed $114,784,000 shall be
available for financial services activities; not to exceed $103,297,000
shall be available for human resources program activities; not to
exceed $361,354,000 shall be available for region and center operations
and regional coordination activities; not to exceed $208,994,000 shall
be available for staff offices; and not to exceed $53,360,000 shall be
available for information services: Provided, That the Secretary
utilize not less than $17,000,000 of the funds provided for aviation
safety activities to pay for staff increases in the Office of Aviation
Flight Standards and the Office of Aircraft Certification: Provided
further, That none of the funds provided for increases to the staffs of
the aviation flight standards and aircraft certification offices shall
be used for other purposes: Provided further, 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,
including funds from fees authorized under Chapter 453 of title 49,
United States Code, other than those authorized by section 45301(a)(1)
of that title, which shall be available for expenses incurred in the
provision of agency services, including receipts for the maintenance
and operation of air navigation facilities, and for issuance, renewal
or modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $9,500,000 shall be for
the contract tower cost-sharing program: Provided further, That none of
the funds in this Act for aeronautical charting and 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,
$3,000,000,000, of which $2,508,000,000 shall remain available until
September 30, 2013, and of which $492,000,000 shall remain available
until September 30, 2011: 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 2012 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 2012 through 2016,
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
(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, $198,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2013: 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.
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, $3,550,000,000, 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
$3,515,000,000 in fiscal year 2011, 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 any other
provision of law, of funds limited under this heading, not more than
$99,622,000 shall be obligated for administration, not less than
$15,000,000 shall be available for the airport cooperative research
program, not less than $27,217,000 shall be 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 2011.
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 2011, 49 U.S.C. 41742(b) shall not apply, and 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 appropriated or limited by this Act
may be used to change weight restrictions or prior permission rules at
Teterboro airport in Teterboro, New Jersey.
Sec. 115. 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. 116. 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. 117. 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.
Federal Highway Administration
limitation on administrative expenses
(including transfer of funds)
Not to exceed $428,843,000, 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: Provided, That of the funds made
available under this heading, not less than $8,000,000 shall be for
renovations and upgrades to the fiscal management information system,
except that such funds may not be obligated for such purpose until the
Secretary of Transportation submits to the House and Senate Committees
on Appropriations a plan that identifies the full cost of the upgrades
needed and a timeline for completion. In addition, not to exceed
$3,300,000 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)
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 $45,217,700,000 for Federal-aid highways and highway
safety construction programs for fiscal year 2011: Provided, That
within the $45,217,700,000 obligation limitation on Federal-aid
highways and highway safety construction programs, not more than
$429,800,000 shall be available for the implementation or execution of
programs for transportation research (chapter 5 of title 23, United
States Code; sections 111, 5505, and 5506 of title 49, United States
Code; and title 5 of Public Law 109-59) for fiscal year 2011: 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)
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, $45,956,700,000 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
(including rescissions)
Sec. 120. (a) For fiscal year 2011, 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; sections 117 (but individually
for each project numbered 1 through 3676 listed in the table
contained in section 1702 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users) 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 2011; 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) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection
(a)(4) for each project numbered 1 through 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section in
the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the
date on which obligation authority is distributed under this
section for the next fiscal year following obligation under
paragraph (1).
(h) 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.
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 Appropriations Committees of the
Congress 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 non-toll 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 non-toll lane for purposes of
determining whether a highway will have fewer non-toll 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.
Sec. 124. Notwithstanding any other provision of law, whenever an
apportionment is made of the sums authorized to be appropriated for the
Surface Transportation Program, the Congestion Mitigation and Air
Quality Improvement Program, the National Highway System Program, the
Interstate Maintenance Program, and the Highway Bridge Program, the
Secretary of Transportation shall deduct a sum in such amount not to
exceed a total of $200,000,000 of all sums so authorized: Provided,
That of the amount so deducted in accordance with this section shall be
made available for the Federal Highway Administration Livable
Communities Program: Provided further, That the Federal share payable
on account of any program, project, or activity carried out with funds
made available under this section shall be determined in accordance
with 23 U.S.C. 120: Provided further, That the Administrator of the
Federal Highway Administration may retain up to one percent of the
funds provided under this section for administrative expenses: Provided
further, That the sum deducted in accordance with this section shall
remain available until expended: Provided further, That all funds made
available under this section shall be subject to any limitation on
obligations for Federal-aid highways programs set forth in this Act or
any other Act: Provided further, That the obligation limitation made
available for the programs, projects, and activities for which funds
are made available under this section shall remain available until used
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: Provided further, That in
apportioning funds for fiscal year 2011 for the equity bonus program
under Section 105 of title 23, United States Code, the Secretary shall
make any calculations required to be made under that section as if this
provision had not been enacted.
Sec. 125. (a) In the explanatory statement referenced in section
186 of title I of division A of Public Law 111-117 (123 Stat. 3070),
the item relating to ``Chalk Bluff Road, Clay County, AR'' in the table
of projects under the heading ``Delta Region Transportation Development
Program'' is deemed to be amended by striking ``Chalk Bluff Road, Clay
County, AR'' and inserting ``Cabot North Interchange, AR''.
(b) In the explanatory statement referenced in section 186 of title
I of division A of Public Law 111-117 (123 Stat. 3070), the item
relating to ``I-480/Tiedeman Road Interchange Modification, OH'' in the
table of projects under the heading ``Interstate Maintenance
Discretionary'' is deemed to be amended by striking ``I-480/Tiedeman
Road Interchange Modification, OH'' and inserting ``Construction and
upgrades at four grade crossings in Olmsted Falls, OH''.
(c) Funds made available for ``Construction of the I-278
Environmental Shield, Queens, NY'' under the heading ``Surface
transportation priorities'' in title I of division A of Public Law 111-
117 (123 Stat. 3044) shall be made available for ``Reconstruction and
reconfiguration of the northbound off-ramp from Interstate 95 to
Bartow/Baychester Avenue, Bronx, NY''.
(d) In the explanatory statement referenced in section 186 of title
I of division I of Public Law 111-8 (123 Stat. 947), the item relating
to ``Newton County Rails to Trails By-Pass Tunnel, GA'' in the table of
projects under the heading ``Transportation, Community, and System
Preservation Program'' is deemed to be amended by striking ``Newton
County Rails to Trails By-Pass Tunnel, GA'' and inserting ``Newton
County Eastside High School to County Library Trail, GA''.
Sec. 126. The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (119 Stat. 1256) is amended--
(a) in item number 1366, by striking the project description and
inserting ``Road and bridge improvements and storm water mitigation in
the Town of Southampton''; and
(b) in item number 2252 by striking the project description and
inserting ``Operational safety studies, final design and/or
construction of intersection operational and safety improvements for
USH 53 between Rice Lake and Superior, Wisconsin''.
Sec. 127. The table contained in section 1602 of the
Transportation Equity Act for the 21st Century (112 Stat. 257) is
amended--
(a) in item number 414 by striking the project description and
inserting ``Engineering, design and construction of the North Street,
Pittsfield, streetscaping project''; and
(b) in item number 815 by striking the project description and
inserting `` Highway 10 relocation, City of Wadena''.
Sec. 128. Of the unobligated balances made available under Public
Law 101-516, Public Law 102-143, Public Law 103-331, and Public Law
106-346, $33,905,809 are rescinded: Provided,That in administering the
rescission required under this section, the Secretary of Transportation
shall first consider: (1) projects where the designated purpose has
been completed and the remaining funds are no longer needed to meet
that purpose; and (2) projects with more than 90 percent of the
appropriated amount remaining available for obligation.
Sec. 129. Of the amounts made available for ``Highway Related
Safety Grants'' by section 402 of title 23, United States Code, and
administered by the Federal Highway Administration, $3,651 in
unobligated balances are rescinded.
Sec. 130. Of the amounts made available under section 104(a) of
title 23, United States Code, $1,863,000 are permanently rescinded.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the 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, $259,878,000, 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, the sum of which shall
remain available until expended: 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 $259,878,000, for ``Motor
Carrier Safety Operations and Programs'' of which $8,586,000, to remain
available for obligation until September 30, 2013, 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.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
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, $310,070,000, 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
$310,070,000, for ``Motor Carrier Safety Grants''; of which
$215,070,000 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, $35,000,000 shall be available for
audits of new entrant motor carriers.
motor carrier safety
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $7,330,000 in unobligated balances are permanently
rescinded.
national motor carrier safety program
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $15,076,000 in unobligated balances are
permanently rescinded.
administrative provision--federal motor carrier safety administration
Sec. 135. 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, including that the
Secretary submit a report to the House and Senate Appropriations
Committees annually on the safety and security of transportation into
the United States by Mexico-domiciled motor carriers.
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, $148,127,000, of which $10,000,000 shall remain
available through September 30, 2012: Provided, That none of the funds
appropriated by this Act may be obligated or expended to plan,
finalize, or implement any rulemaking to add to section 575.104 of
title 49 of the Code of Federal Regulations any requirement pertaining
to a grading standard that is different from the three grading
standards (treadwear, traction, and temperature resistance) already in
effect.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, $110,073,000 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 2011, are in excess of
$110,073,000 for programs authorized under 23 U.S.C. 403: Provided
further, That within the $110,073,000 obligation limitation for
operations and research, $10,000,000 shall remain available until
September 30, 2012 and shall be in addition to the amount of any
limitation imposed on obligations for future years.
national driver register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of
title 49, United States Code, $4,170,000, 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
total obligations for which, in fiscal year 2011, are in excess of
$4,170,000 for the National Driver Register authorized under such
chapter.
national driver register modernization
For an additional amount for the ``National Driver Register''as
authorized by chapter 303 of title 49, United States Code, $2,530,000,
to remain available through September 30, 2012: Provided, That the
funding made available under this heading shall be used to continue the
modernization of the National Driver Register.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11),
2009, 2010, and 2011 of Public Law 109-59, to remain available until
expended, $626,328,000 (reduced by $50,000,000) 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 2011, are in excess of $626,328,000 (reduced by $50,000,000) 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; $124,500,000 (reduced by $50,000,000)
shall be for ``Safety Belt Performance Grants'' under 23 U.S.C. 406,
and such obligation limitation shall remain available until September
30, 2012 in accordance with subsection (f) of such section 406 and
shall be in addition to the amount of any limitation imposed on
obligations for such grants for future fiscal years, of which up to
$50,000,000 may be made available by the Secretary as grants to States
that enact and enforce laws to prevent distracted driving; $34,500,000
shall be for ``State Traffic Safety Information System Improvements''
under 23 U.S.C. 408; $139,000,000 shall be for ``Alcohol-Impaired
Driving Countermeasures Incentive Grant 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 of the funds made available
for grants to States that enact and enforce laws to prevent distracted
driving, up to $5,000,000 may be available for the development,
production, and use of broadcast and print media advertising for
distracted driving prevention: 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
(including rescission)
Sec. 140. Notwithstanding any other provision of law or limitation
on the use of funds made available under section 403 of title 23,
United States Code, an additional $130,000 shall be made available to
the National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the 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. Of the amounts made available under the heading
``Highway Traffic Safety Grants (Liquidation of Contract Authorization)
(Limitation on Obligations) (Highway Trust Fund)'' in prior
appropriations Acts, $7,907,000 in unobligated balances are permanently
rescinded.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $203,348,000, of which $5,492,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$40,000,000, to remain available until expended.
railroad safety technology program
For necessary expenses of carrying out section 20158 of title 49,
United States Code, $75,000,000, to remain available until expended:
Provided, That to be eligible for assistance under this heading, an
entity need not have developed plans required under subsection
20156(e)(2) of title 49, United States Code, and section 20157 of such
title.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210), as amended, in such amounts and at such times
as may be necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under sections 511
through 513 of such Act, such authority to exist as long as any such
guaranteed obligation 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 2011.
capital assistance for high speed rail corridors and intercity
passenger rail service
To enable the Secretary of Transportation to make grants for high-
speed rail projects as authorized under section 26106 of title 49,
United States Code, capital investment grants to support intercity
passenger rail service as authorized under section 24406 of title 49,
United States Code, and congestion grants as authorized under section
24105 of title 49, United States Code, and to enter into cooperative
agreements for these purposes as authorized, $1,400,000,000, to remain
available until expended: Provided, That up to $50,000,000 of funds
provided under this paragraph are available to the Administrator of the
Federal Railroad Administration to fund the award and oversight by the
Administrator of grants and cooperative agreements for intercity and
high-speed rail: Provided further, That up to $30,000,000 of the funds
provided under this paragraph are available to the Administrator for
the purposes of conducting research and demonstrating technologies
supporting the development of high-speed rail in the United States,
including the demonstration of next-generation rolling stock fleet
technology and the implementation of the Rail Cooperative Research
Program authorized by section 24910 of title 49, United States Code:
Provided further, That up to $50,000,000 of the funds provided under
this paragraph may be used for planning activities that lead directly
to the development of a passenger rail corridor investment plan
consistent with the requirements established by the Administrator or a
state rail plan consistent with chapter 227 of title 49, United States
Code: Provided further, That the Secretary may retain a portion of the
funds made available for planning activities under the previous proviso
to facilitate the preparation of a service development plan and related
environmental impact statement for high-speed corridors located in
multiple States: Provided further, That the Secretary shall issue
interim guidance to applicants covering application procedures and
administer the grants provided under this heading pursuant to that
guidance until final regulations are issued: Provided further, That not
less than 85 percent of the funds provided under this heading shall be
for cooperative agreements that lead to the development of entire
segments or phases of intercity or high-speed rail corridors: Provided
further, That at least 30 days prior to issuing a letter of intent or
cooperative agreement pursuant to Section 24402(f) of title 49, United
States Code, for a major corridor development program, the Secretary
shall provide to the House and Senate Committees on Appropriations
written notification consisting of a business and public investment
case for the proposed corridor program which shall include: a
comprehensive analysis of the monetary and non-monetary costs and
benefits of the corridor development program; an assessment of
ridership, passenger travel time reductions, congestion relief
benefits, environmental benefits, economic benefits, and other public
benefits; operating financial forecasts for the program; a full capital
cost estimation for the entire project, including the amount, source
and security of non-Federal funds to complete the project; a summary of
the grants management plan and an evaluation of the grantee's ability
to sustain the project: Provided further, That the Federal share
payable of the costs for which a grant or cooperative agreements is
made under this heading shall not exceed 80 percent: Provided further,
That in addition to the provisions of title 49, United States Code,
that apply to each of the individual programs funded under this
heading, subsections 24402(a)(2), 24402(f), 24402(i), and 24403(a) and
(c) of title 49, United States Code, shall also apply to the provision
of funds provided under this heading: Provided further, That a project
need not be in a State rail plan developed under Chapter 227 of title
49, United States Code, to be eligible for assistance under this
heading: Provided further, That recipients of grants under this
paragraph shall conduct all procurement transactions using such grant
funds in a manner that provides full and open competition, as
determined by the Secretary, in compliance with existing labor
agreements.
operating 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), $563,000,000, to remain available until expended: Provided,
That each 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 concurrent with the President's budget request
for fiscal year 2012, the Corporation shall submit to the House and
Senate Committees on Appropriations a budget request for fiscal year
2012 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), $1,203,500,000 to remain available until expended, of which not
to exceed $305,000,000 shall be for debt service obligations as
authorized by section 102 of such Act: Provided, That after an initial
distribution of up to $200,000,000 which shall be used by the
Corporation as a working capital account, all remaining funds shall be
provided to the Corporation only on a reimbursable basis: 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, That none of
the funds under this heading may be used to subsidize operating losses
of the Corporation: Provided further, That none of the funds under this
heading may be used for capital projects not approved by the Secretary
of Transportation or on the Corporation's fiscal year 2010 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 one-half of
one percent 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, and other mandates of Division B of
Public Law 110-432.
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.
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, $106,559,000: Provided, That for an additional amount to
carry out public transportation fixed guideway safety oversight
activities, $24,139,000, if legislation authorizing such activities is
enacted into law prior to September 30, 2011: Provided further, That of
the funds available under this heading, not to exceed $2,200,000 shall
be available for travel: Provided further, 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 2012 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 2012.
formula and bus grants
(liquidation of contract authority)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320,
5335, 5339, and 5340 and section 3038 of Public Law 105-178, as
amended, $9,200,000,000 to be derived from the Mass Transit Account of
the Highway Trust Fund and to remain available until expended:
Provided, That funds available for the implementation or execution of
programs authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law
105-178, as amended, shall not exceed total obligations of
$8,961,348,000 in fiscal year 2011: Provided further, That of the
amounts made available under this heading, $250,000,000 shall be
available for the Secretary of Transportation to make grants for the
operating costs of equipment and facilities for use in public
transportation, if legislation authorizing such activities is enacted
into law prior to September 30, 2011: Provided further, That eligible
recipients under the previous proviso shall include States and
designated recipients that receive funding under sections 5307 and 5311
of title 49, United States Code.
research and university research centers
For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315,
5322, and 5506, $65,376,000, to remain available until expended:
Provided, That $10,000,000 is available to carry out the transit
cooperative research program under section 5313 of title 49, United
States Code, $4,300,000 is available for the National Transit Institute
under section 5315 of title 49, United States Code, and $7,000,000 is
available for university transportation centers program under section
5506 of title 49, United States Code: Provided further, That
$44,076,000 is available to carry out national research programs under
sections 5312, 5313, 5314, and 5322 of title 49, United States Code.
capital investment grants
For necessary expenses to carry out section 5309 of title 49,
United States Code, $2,000,000,000, to remain available until expended.
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.
administrative provisions--federal transit administration
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 ``Federal Transit
Administration, Capital Investment Grants'' and for bus and bus
facilities under ``Federal Transit Administration, Formula and Bus
Grants'' for projects specified in this Act or identified in reports
accompanying this Act not obligated by September 30, 2013, 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, 2010, 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.
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 Saint Lawrence Seaway owned,
operated, and maintained by the Saint Lawrence Seaway Development
Corporation, $33,868,000, to be derived from the Harbor Maintenance
Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $174,000,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $169,353,000, of which $11,240,000 shall remain
available until expended for maintenance and repair of training ships
at State Maritime Academies, and of which $30,900,000 shall remain
available until expended for capital improvements at the United States
Merchant Marine Academy, and of which $63,120,000 shall be available
for operations at the United States Merchant Marine Academy, and of
which $6,000,000 shall be available until expended for the Secretary's
reimbursement of overcharged midshipmen fees: Provided, That the
Secretary, through such structure and administration as the Secretary
establishes, shall reimburse current and former midshipmen of United
States Merchant Marine Academy in such amounts as the Secretary
determines, in his sole discretion, to be appropriate to address claims
regarding the overcharging of midshipman fees, pertaining first to
academic years 2003/2004 through 2008/2009, and then pertaining to
earlier academic years to the extent that the Secretary determines to
be appropriate and subject to the amounts specifically appropriated
herein for such reimbursements: Provided further, 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 States
Merchant Marine Academy may not be allotment holders for the United
States Merchant Marine Academy, and the Administrator of 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 Administration, completes a
plan detailing by program or activity and by object class 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,
$10,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For necessary administrative expenses of the maritime guaranteed
loan program, $3,688,000 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, and payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
(pipeline safety fund)
(including transfer of funds)
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $22,383,000, of which $639,000 shall
be derived from the Pipeline Safety Fund: Provided, That $1,000,000
shall be transferred to ``Pipeline Safety'' in order to fund ``Pipeline
Safety 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, $40,434,000, of which $1,707,000 shall remain available
until September 30, 2013: 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
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$111,111,000, of which $18,905,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2013; and of which $92,206,000 shall be derived from the Pipeline
Safety Fund, of which $51,206,000 shall remain available until
September 30, 2013: Provided, That not less than $1,053,000 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, 2012: Provided, That not more than $28,318,000
shall be made available for obligation in fiscal year 2011 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, $18,900,000, of which $11,765,000 shall remain
available until September 30, 2013: 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 Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$86,406,000, of which $285,000 shall be derived from the Highway Trust
Fund (other than the Mass Transit Account) for costs associated with
the annual audits of the Highway Trust Fund financial statements in
accordance with section 104(i) of title 23, United States Code, and
section 3521 of title 31, United States Code: 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.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $31,249,000: 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 2011, to
result in a final appropriation from the general fund estimated at no
more than $29,999,000.
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. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 184. (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. 185. 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. 186. Funds provided or limited in this Act under the
appropriate accounts within the Federal Highway Administration, the
Federal Railroad Administration and the Federal Transit Administration
shall be for the eligible programs, projects and activities in the
corresponding amounts identified in the committee report accompanying
this Act for ``Ferry Boats and Ferry Terminal Facilities'', ``Federal
Lands'', ``Interstate Maintenance Discretionary'', ``Transportation,
Community and System Preservation Program'', ``Delta Region
Transportation Development Program'', ``Rail Line Relocation and
Improvement Program'', ``Rail-highway crossing hazard eliminations'',
``Capital Investment Grants'', ``Alternatives analysis'''', and ``Bus
and bus facilities''.
Sec. 187. 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. 188. 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
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 grant from the Federal Railroad Administration;
or (4) any program of the Federal Transit Administration other than the
formula grants and fixed guideway modernization programs: 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. 189. 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. 190. 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. 191. 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. 192. 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. 193. 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. 194. For an additional amount for the ``Salaries and
Expenses''account, $7,622,655, to increase the Department's acquisition
workforce capacity and capabilities: Provided, That such funds may be
transferred by the Secretary to any other account in the Department to
carry out the purposes provided herein: Provided further, That such
transfer authority is in addition to any other transfer authority
provided in this Act: Provided further, That such funds shall be
available only to supplement and not to supplant existing acquisition
workforce activities: Provided further, That such funds shall be
available for training, recruitment, retention, and hiring additional
members of the acquisition workforce as defined by the Office of
Federal Procurement Policy Act, as amended (41 U.S.C. 401 et seq.):
Provided further, That such funds shall be available for information
technology in support of acquisition workforce effectiveness or for
management solutions to improve acquisition management.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2011''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
Executive Direction
For necessary salaries and expenses for Executive Direction,
$30,265,000, of which not to exceed $7,674,000 shall be available for
the immediate Office of the Secretary and Deputy Secretary; not to
exceed $1,706,000 shall be available for the Office of Hearings and
Appeals; not to exceed $719,000 shall be available for the Office of
Small and Disadvantaged Business Utilization; not to exceed $999,000
shall be available for the immediate Office of the Chief Financial
Officer; not to exceed $1,503,000 shall be available for the immediate
Office of the General Counsel; not to exceed $2,709,000 shall be
available to the Office of the Assistant Secretary for Congressional
and Intergovernmental Relations; not to exceed $4,861,000 shall be
available for the Office of the Assistant Secretary for Public Affairs;
not to exceed $2,163,000 shall be available to the Office of the
Assistant Secretary for Public and Indian Housing; not to exceed
$1,755,000 shall be available to the Office of the Assistant Secretary
for Community Planning and Development; not to exceed $3,565,000 shall
be available to the Office of the Assistant Secretary for Housing,
Federal Housing Commissioner; not to exceed $1,117,000 shall be
available to the Office of the Assistant Secretary for Policy
Development and Research; not to exceed $945,000 shall be available to
the Office of the Assistant Secretary for Fair Housing and Equal
Opportunity; and not to exceed $549,000 shall be available to the
Office of the Chief Operating Officer: Provided, That the Secretary of
the Department of Housing and Urban Development is authorized to
transfer funds appropriated for any office funded under this heading to
any other office funded under this heading following the written
notification to the House and Senate Committees on Appropriations:
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 prior approval to the House and Senate
Committees on Appropriations: 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:
Provided Further, That the Secretary shall notify the Committees on
Appropriations one month before any of the funds made available under
this heading may be used for international travel.
administration, operations and management
For necessary salaries and expenses for administration, operations
and management for the Department of Housing and Urban Development,
$538,552,000 (reduced by $21,000,000) (reduced by $20,000,000), of
which not to exceed $65,049,000 shall be available for the personnel
compensation and benefits of the Office of the Chief Human Capital
Officer; not to exceed $9,122,000 shall be available for the personnel
compensation and benefits of the Office of Departmental Operations and
Coordination; not to exceed $49,090,000 shall be available for the
personnel compensation and benefits of the Office of Field Policy and
Management; not to exceed $13,861,000 shall be available for the
personnel compensation and benefits of the Office of the Chief
Procurement Officer; not to exceed $33,831,000 shall be available for
the personnel compensation and benefits of the remaining staff in the
Office of the Chief Financial Officer; not to exceed $86,482,000 shall
be available for the personnel compensation and benefits of the
remaining staff in the Office of the General Counsel; not to exceed
$3,115,000 shall be available for the personnel compensation and
benefits of the Office of Departmental Equal Employment Opportunity;
not to exceed $1,316,000 shall be available for the personnel
compensation and benefits for the Center for Faith-Based and Community
Initiatives; not to exceed $2,887,000 shall be available for the
personnel compensation and benefits for the Office of Sustainability;
not to exceed $4,445,000 shall be available for the personnel
compensation and benefits for the Office of Strategic Planning and
Management; not to exceed $4,875,000 shall be available for the
personnel compensation and benefits for the Office of the Chief
Disaster and Emergency Management Officer; and not to exceed
$264,479,000 (reduced by $21,000,000) (reduced by $20,000,000) shall be
available for non-personnel expenses of the Department of Housing and
Urban Development: 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
therefor, 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 of Housing and Urban Development is authorized to
transfer funds appropriated for any office included in Administration,
Operations and Management to any other office included in
Administration, Operations and Management only after such transfer has
been submitted to, and received prior written approval by, the House
and Senate Committees on Appropriations: Provided further, That no
appropriation for any office shall be increased or decreased by more
than 10 percent by all such transfers. Provided Further,That the
Secretary shall notify the Committees on Appropriations one month
before any of the funds made available under this heading may be used
for international travel.
Personnel Compensation and Benefits
public and indian housing
For necessary personnel compensation and benefits expenses of the
Office of Public and Indian Housing, $197,282,000.
community planning and development
For necessary personnel compensation and benefits expenses of the
Office of Community Planning and Development mission area,
$105,768,000.
housing
For necessary personnel compensation and benefits expenses of the
Office of Housing, $395,917,000.
office of the government national mortgage association
For necessary personnel compensation and benefits expenses of the
Office of the Government National Mortgage Association, $10,902,000, to
be derived from the GNMA guarantees of mortgage backed securities
guaranteed loan receipt account.
policy development and research
For necessary personnel compensation and benefits expenses of the
Office of Policy Development and Research, $23,588,000 (reduced by
$2,978,450).
fair housing and equal opportunity
For necessary personnel compensation and benefits expenses of the
Office of Fair Housing and Equal Opportunity, $67,964,000.
office of healthy homes and lead hazard control
For necessary personnel compensation and benefits expenses of the
Office of Healthy Homes and Lead Hazard Control, $6,762,000.
Public and Indian Housing
tenant-based rental assistance
(including transfer of funds)
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, $15,395,663,000, to remain available until
expended, shall be available on October 1, 2010 (in addition to the
$4,000,000,000 previously appropriated under this heading that will
become available on October 1, 2010), and $4,000,000,000, to remain
available until expended, shall be available on October 1, 2011:
Provided, That of the amounts made available under this heading are
provided as follows:
(1) $17,080,000,000 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 vouchers
initially funded in fiscal years 2009 and 2010 (such as Family
Unification, Veterans Affairs Supportive Housing Vouchers and
Non-elderly Disabled Vouchers): Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar
year 2011 funding cycle shall provide renewal funding for each
public housing agency based on validated voucher management
system (VMS) leasing and cost data for calendar year 2010 and
by applying the most recent 12 months of the Annual Adjustment
Factor as established by the Secretary, 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 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 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 prior written approval of
the House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the
Moving to Work demonstration shall be funded pursuant to their
Moving to Work agreements and shall be subject to the same pro
rata adjustments under the previous provisos: Provided further,
That up to $150,000,000 shall be available only: (1) to adjust
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 tenant-based rental assistance 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 any increase
in the costs associated with deposits to family self-
sufficiency program escrow accounts; (4) for onetime
adjustments of renewal funding for Public Housing Agencies in
receivership with approved fungibility plans for calendar year
2009 as authorized in Section 11003 of the Consolidated
Security, Disaster Assistance, and Continuing Appropriations
Act, 2009 (Public Law 110-329); or (5) to adjust allocations
for public housing agencies to prevent termination of
assistance to families receiving assistance under the disaster
voucher program, as authorized by Public Law 109-148 under the
heading ``Tenant-Based Rental Assistance'': Provided further,
That the Secretary shall allocate amounts under the previous
proviso based on need as determined by the Secretary: Provided
further, That of the amounts made available under this
paragraph, up to $100,000,000 may be transferred to and merged
with the appropriation for ``Transformation Initiative'';
(2) $125,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-
134), 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 the Secretary shall
provide replacement vouchers for all units that were occupied
within the previous 24 months that cease to be available as
assisted housing, subject only to the availability of funds;
(3) $1,851,000,000 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 incremental vouchers:
Provided, That no less than $1,741,000,000 of the amount
provided in this paragraph shall be allocated to public housing
agencies for the calendar year 2011 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, for fiscal
year 2010 and prior fiscal years, notwithstanding the purposes
for which such amounts were appropriated: Provided further,
That amounts provided under this paragraph shall be only for
activities related to the provision of tenant-based rental
assistance authorized under section 8, including related
development activities: Provided further, That $60,000,000
shall be available for family self-sufficiency coordinators
under section 23 of the Act: Provided further, That amounts
provided for family self-sufficiency coordinators shall be
obligated to the public housing agencies not later than 60 days
after enactment of this Act;
(4) $113,663,183 for renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013) entered into prior to
fiscal year 2007;
(5) $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;
(6) Up to $66,000,000 for incremental tenant-based
assistance for eligible families assisted under the Disaster
Housing Assistance Program for Hurricanes Ike and Gustav:
Provided, That these vouchers will not be re-issued when
families leave the program;
(7) $85,000,000 for incremental voucher assistance under
section 8(o) of the United States Housing Act of 1937,
including related administrative expenses, for two competitive
demonstration programs to address the needs of families and
individuals who are homeless or at risk of homelessness, as
defined by the Secretary of Housing and Urban Development, to
be administered by the Department of Housing and Urban
Development in conjunction with the Department of Health and
Human Services and the Department of Education: Provided, That
one demonstration program shall make funding available to
public housing agencies that: (1) partner with eligible state
or local entities responsible for distributing Temporary
Assistance for Needy Families (TANF) and other health and human
services as designated by the Secretary of the Department of
Health and Human Services; and (2) partner with school
homelessness liaisons funded through the Department of
Education's Education for Homeless Children and Youths program:
Provided further, That the other demonstration program shall
make funding available to public housing agencies that partner
with eligible state Medicaid agencies and state behavioral
health entities as designated by the Secretary of the
Department of Health and Human Services to provide housing in
conjunction with Medicaid case management, substance abuse
treatment, and mental health services: Provided further, That
the Secretary of Housing and Urban Development shall make the
funding specified in this subsection available through such
allocation procedures as the Secretary determines to be
appropriate, notwithstanding section 213 of the Housing and
Community Development Act of 1974 (42 U.S.C. 1439) and section
204 (competition provision) of this title, to entities with
demonstrated experience and that meet such other requirements
as determined by the Secretary: Provided further, That the
Secretary of Housing and Urban Development may waive, or
specify alternative requirements for 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 the Secretary shall publish
in the Federal Register any waiver of any statute or regulation
that the Secretary administers pursuant to this subsection no
later than 10 days before the effective date of such waiver:
Provided further, That assistance made available under this
subsection shall continue to remain available for these
purposes upon turn-over.
housing certificate fund
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 2011 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 cancelled: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year,
from project-based Section 8 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 rescinded 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'') $2,500,000,000, to remain available until
September 30, 2014: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2011 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 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 2011: Provided further, That of the total amount provided under
this heading, $50,000,000 shall be for supportive services, service
coordinators 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 a Notice of Funding Availability for the funds provided
in the previous proviso shall be issued not later than 60 days after
enactment of this Act: Provided further, That of the total amount
provided under this heading up to $8,820,000 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 2011 to public housing agencies
that are designated high performers.
public housing operating fund
For 2011 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)), $4,829,000,000.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing
Act of 1937 (42 U.S.C. 1437v), $200,000,000, to remain available until
September 30, 2012, of which the Secretary of Housing and Urban
Development may use up to $5,000,000 for technical assistance and
contract expertise, to be provided directly or indirectly by grants,
contracts or cooperative agreements, including training and cost of
necessary travel for participants in such training, by or to officials
and employees of the department and of public housing agencies and to
residents: Provided, That none of such funds shall be used directly or
indirectly by granting competitive advantage in awards to settle
litigation or pay judgments, unless expressly permitted herein:
Provided further, That a Notice of Funding Availability for the funds
provided under this heading shall be issued not later than 60 days
after enactment of this Act.
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.),
$700,000,000, to remain available until expended: 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 the Department shall notify grantees of
their formula allocation within 60 days of enactment of this Act:
Provided further, That of the amounts made available under this
heading, $3,500,000 shall be contracted for assistance for a national
organization representing Native American housing interests for
providing training and technical assistance to Indian housing
authorities and tribally designated housing entities as authorized
under NAHASDA; and $4,250,000 shall be to support the inspection of
Indian housing units, contract expertise, training, and technical
assistance in the training, oversight, and management of such Indian
housing and tenant-based assistance, including up to $300,000 for
related travel: 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.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to
remain available until expended: Provided, That of this amount,
$300,000 shall be for training and technical assistance activities,
including up to $100,000 for related travel by Hawaii-based HUD
employees.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z),
$9,000,000, 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 $994,000,000:
Provided further, That up to $750,000 shall be for administrative
contract expenses including management processes and systems to carry
out the loan guarantee program.
native hawaiian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z),
$1,044,000, 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, not to exceed
$41,504,255.
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.), $350,000,000, to remain available until September 30,
2012, except that amounts allocated pursuant to section 854(c)(3) of
such Act shall remain available until September 30, 2013: 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, $4,352,100,000 (increased by $10,000,000) (increased by
$20,000,000), to remain available until September 30, 2013, unless
otherwise specified: Provided, That of the total amount provided,
$3,997,755,000 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 (except for planning grants provided in the second paragraph
and amounts made available under the third paragraph), not to exceed 20
percent of any grant made with funds appropriated under this heading
shall be expended for planning and management development and
administration: Provided further, That the Department shall notify
grantees of their formula allocation within 60 days of enactment of
this Act: Provided further, That $65,000,000 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.
Of the amount made available under this heading, $77,145,000 shall
be available for grants for the Economic Development Initiative (EDI)
to finance a variety of targeted economic investments in accordance
with the terms and conditions specified in the explanatory statement
accompanying this Act: Provided, That none of the funds provided under
this paragraph may be used for program operations: Provided further,
That, for fiscal years 2008, 2009 and 2010, no unobligated funds for
EDI grants may be used for any purpose except acquisition, planning,
design, purchase of equipment, revitalization, redevelopment or
construction.
Of the amount made available under this heading, $12,200,000 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can
be integrated more effectively with welfare reform initiatives:
Provided, That amounts made available under this paragraph shall be
provided in accordance with the terms and conditions specified in the
explanatory statement accompanying this Act.
The referenced statement of managers under the heading ``Community
Planning and Development'' in title II in division I of Public Law 111-
8 is deemed to be amended by striking ``City of Wilson, NC, for
demolition of dilapidated structures from downtown Wilson to further
downtown redevelopment'' and inserting ``City of Wilson, NC, for the
renovation of blighted structures to enhance downtown development''.
The referenced statement of managers under the heading ``Community
Planning and Development'' in title II in division I of Public Law 111-
8 is deemed to be amended by striking ``Catskill Visitor Interpretative
Center, Shandaken, NY, for construction of a visitor's center'' and
inserting ``New York State Department of Environmental Conservation,
NY, for planning and design of the Catskill Visitor Interpretative
Center''.
The referenced statement of managers under the heading ``Community
Planning and Development'' in title II in division I of Public Law 111-
8 is deemed to be amended by striking ``Charles County Department of
Human Services, Maryland, Port Tobacco, MD, for acquisition and
rehabilitation of the former Changing Point South facility as a
homeless shelter and transitional housing'' and inserting ``Charles
County Department of Human Services, Port Tobacco, MD, for acquisition
and rehabilitation of a facility''.
Of the amounts made available under this heading, $150,000,000
shall be made available for a Sustainable Communities Initiative to
improve regional planning efforts that integrate housing and
transportation decisions, and increase the capacity to improve land use
and zoning: Provided, That grants under such Initiative may only be
made to metropolitan planning organizations (MPOs), rural planning
organizations, States or other units of general local government, and
housing- and transportation-related nonprofit organizations: Provided
further, That $100,000,000 shall be for Regional Integrated Planning
Grants to support the linking of transportation and land use planning:
Provided further, That not less than $25,000,000 of the funding made
available for Regional Integrated Planning Grants shall be awarded to
metropolitan areas of less than 500,000: Provided further, That
$40,000,000 shall be for Community Challenge Planning Grants to foster
reform and reduce barriers to achieve affordable, economically vital,
and sustainable communities: Provided further, That before funding is
made available for Regional Integrated Planning Grants or Community
Challenge Planning Grants, the Secretary, in coordination with the
Secretary of Transportation, shall submit a plan to the House and
Senate Committees on Appropriations, the Senate Committee on Banking
and Urban Affairs, and the House Committee on Financial Services
establishing grant criteria as well as performance measures by which
the success of grantees will be measured: Provided further, That the
Secretary will consult with the Secretary of Transportation in
evaluating grant proposals: Provided further, That up to $10,000,000
shall be for a joint Department of Housing and Urban Development and
Department of Transportation research effort that shall include a
rigorous evaluation of the Regional Integrated Planning Grants and
Community Challenge Planning Grants programs, as well as to provide
funding for a clearinghouse and capacity building efforts: Provided
further, That of the amounts made available under this heading,
$25,000,000 shall be made available for the Rural Innovation Fund for
grants to Indian tribes, State housing finance agencies, State
community and/or economic development agencies, local rural nonprofits
and community development corporations to address the problems of
concentrated rural housing distress and community poverty: Provided
further, That of the funding made available under the previous proviso,
at least $5,000,000 shall be made available to promote economic
development and entrepreneurship for federally recognized Indian
Tribes, through activities including the capitalization of revolving
loan programs and business planning and development, funding is also
made available for technical assistance to increase capacity through
training and outreach activities: Provided further, That of the amounts
made available under this heading, $25,000,000 (increased by
$10,000,000) is for grants pursuant to section 107 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5307).
community development loan guarantees program account
For the cost of guaranteed loans, $10,000,000, to remain available
until September 30, 2012, as authorized by section 108 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in 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
$427,000,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and Community
Development Act of 1974, as amended.
brownfields redevelopment
For competitive economic development grants, as authorized by
section 108(q) of the Housing and Community Development Act of 1974, as
amended, for Brownfields redevelopment projects, $17,500,000, to remain
available until September 30, 2012: Provided, That no funds made
available under this heading may be used to establish loan loss
reserves for the section 108 Community Development Loan Guarantee
program: Provided further, That a Notice of Funding Availability shall
be issued not later than 90 days after enactment of this Act.
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, $1,825,000,000, to remain available until September 30, 2013:
Provided, 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, $82,000,000, to remain available
until September 30, 2012: Provided, That of the total amount provided
under this heading, $27,000,000 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 $50,000,000 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 as authorized
in sections 6301 through 6305 of Public Law 110-246: Provided further,
That a Notice of Funding Availability shall be issued not later than 60
days after enactment of this Act.
homeless assistance grants
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,
$2,200,000,000, of which $2,195,000,000 shall remain available until
September 30, 2013, and of which $5,000,000 shall remain available
until expended for project-based rental assistance rehabilitation 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 up to $200,000,000 of the funds
appropriated under this heading shall be available for such emergency
solutions grants program: Provided further, That no less than
$1,989,000,000 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 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 the Secretary shall renew on an annual basis
expiring contracts or amendments to contracts funded under the
continuum of care program if the program is determined to be needed
under the applicable continuum of care and meets appropriate program
requirements and financial standards, as determined by the Secretary:
Provided further, That all awards of assistance under this heading
shall be required to coordinate and integrate homeless programs with
other mainstream health, social services, and 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 2011.
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,
$8,982,328,000, to remain available until expended, shall be available
on October 1, 2010 (in addition to the $393,672,000 previously
appropriated under this heading that will become available October 1,
2010), and $400,000,000, to remain available until expended, shall be
available on October 1, 2011: 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 $315,000,000 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); 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.
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
supportive services associated with the housing, $825,000,000, to
remain available until September 30, 2014, of which up to $491,300,000
shall be for capital advance and project-based rental assistance
awards: Provided, That amounts for project rental assistance contracts
are to remain available for the liquidation of valid obligations for 10
years following the date of such obligation: Provided further, 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, and of which
up to $40,000,000 shall be for grants under section 202b of the Housing
Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects
under such section to assisted living or related use and for
substantial and emergency capital repairs as determined by the
Secretary: Provided further, That of the amount made available under
this heading, $20,000,000 shall be available to the Secretary of
Housing and Urban Development only for making competitive grants to
private nonprofit organizations and consumer cooperatives for covering
costs of architectural and engineering work, site control, and other
planning relating to the development of supportive housing for the
elderly that is eligible for assistance under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts
under this heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
202 capital advance projects: Provided further, That the Secretary may
waive the provisions of section 202 governing the terms and conditions
of project rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration.
housing for persons with disabilities
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for 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, including amendments to contracts for
such assistance and renewal of expiring contracts for such assistance
for up to a 1-year term, and for supportive services associated with
the housing for persons with disabilities as authorized by section
811(b)(1) of such Act, and for tenant-based rental assistance contracts
entered into pursuant to section 811 of such Act, $300,000,000, of
which up to $209,900,000 shall be for capital advances and project-
based rental assistance contracts, to remain available until September
30, 2014: Provided, That amounts for project rental assistance
contracts are to remain available for the liquidation of valid
obligations for 10 years following the date of such obligation:
Provided further, That the Secretary may waive the provisions of
section 811 governing the terms and conditions of project rental
assistance, except that the initial contract term for such assistance
shall not exceed 5 years in duration: Provided further, That amounts
made available under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 811 Capital Advance 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, $88,000,000, including up to $2,500,000 for
administrative contract services, to remain available until September
30, 2012: Provided, 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
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-
insured rental housing projects, $40,600,000, to remain available until
expended.
rent supplement
(rescission)
Of the amounts recaptured from terminated contracts under section
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236 of the National Housing Act (12 U.S.C. 1715z-1)
$40,600,000 are rescinded: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $14,000,000, to remain available until expended, of
which $7,000,000 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 2011 so as to result
in a final fiscal year 2011 appropriation from the general fund
estimated at not more than $7,000,000 and fees pursuant to such section
620 shall be modified as necessary to ensure such a final fiscal year
2011 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 transfer 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, 2012: Provided, That for the cost
of new guaranteed loans, as authorized by section 255 of the National
Housing Act (12 U.S.C. 17152-20), $150,000,000 (reduced by
$10,000,000): Provided further, That during fiscal year 2011,
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, $207,000,000, to remain available until
September 30, 2012, of which up to $71,500,000 may be transferred to
the Working Capital Fund: Provided further, That to the extent
guaranteed loan commitments exceed $200,000,000,000 on or before April
1, 2011, 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
During fiscal year 2011, commitments to guarantee loans incurred
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 $20,000,000,000 in total loan principal, any
part of which is to be guaranteed.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $20,000,000,which shall be for loans to
non-profit 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, 2012.
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, $50,000,000, to remain available until September 30, 2012.
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,
$72,000,000, to remain available until September 30, 2012, 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.
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,
$140,000,000, to remain available until September 30, 2012, of which
not less than $40,000,000 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, 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 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:
Provided further, That a Notice of Funding Availability shall be issued
not later than 60 days after enactment of this Act.
Management and Administration
working capital fund
For additional capital for the Working Capital Fund (42 U.S.C.
3535) for the maintenance of infrastructure for Department-wide
information technology systems, for the continuing operation and
maintenance of both Department-wide and program-specific information
systems, and for program-related maintenance activities, $243,500,000,
to remain available until September 30, 2012: 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 or from within this Act may be used only for the purposes
specified under this Fund, in addition to the purposes for which such
amounts were appropriated: Provided further, That up to $15,000,000 may
be transferred to this account from all other accounts in this title
(except for the Office of the Inspector General account) that make
funds available for salaries and expenses.
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,
$122,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
transformation initiative
For necessary expenses for combating mortgage fraud, $20,000,000,
to remain available until expended.
In addition, of the amounts made available in this Act under each
of the following headings under this title, the Secretary may transfer
to, and merge with, this account up to 1 percent from each such
account, and such transferred amounts shall be available until
September 30, 2014, for: (1) research, evaluation, and program metrics;
(2) program demonstrations; (3) technical assistance and capacity
building; and (4) information technology: ``Tenant-Based Rental
Assistance'', ``Public Housing Operating Fund'', ``Indian Housing Loan
Guarantee Fund Program Account'', ``Native Hawaiian Housing Block
Grants'', ``Housing Opportunities for Persons With AIDS'', ``Community
Development Fund'', ``Housing Counseling Assistance'', ``Payment to
Manufactured Housing Fees Trust Fund'', ``Mutual Mortgage Insurance
Program Account'', ``Lead Hazard Reduction'', and ``Rental Housing
Assistance'': Provided, That of the amounts made available under this
paragraph, not less than $130,000,000 shall be available for
information technology modernization, including development and
deployment of a Next Generation of Voucher Management System and
development and deployment of modernized Federal Housing Administration
systems: Provided further, That not more than 25 percent of the funds
made available for information technology modernization may be
obligated until the Secretary submits to the Committees on
Appropriations a plan for expenditure that: (1) identifies for each
modernization project: (a) the functional and performance capabilities
to be delivered and the mission benefits to be realized; (b) the
estimated lifecycle cost; and (c) key milestones to be met; (2)
demonstrates that each modernization project is: (a) compliant with the
department's enterprise architecture; (b) being managed in accordance
with applicable lifecycle management policies and guidance; (c) subject
to the department's capital planning and investment control
requirements; and (d) supported by an adequately staffed project
office; and (3) has been reviewed by the Government Accountability
Office: Provided further, That of the amounts made available under this
paragraph, not less than $40,000,000 shall be available for technical
assistance and capacity building: Provided further, That technical
assistance activities shall include, technical assistance for HUD
programs, including HOME, Community Development Block Grant, homeless
programs, HOPWA, HOPE VI, Public Housing, the Housing Choice Voucher
Program, Fair Housing Initiative Program, Housing Counseling, Healthy
Homes, Sustainable Communities, Energy Innovation Fund and other
technical assistance as determined by the Secretary: Provided further,
That of the amounts made available for research, evaluation and program
metrics and program demonstrations, the Secretary shall include an
assessment of the effectiveness of HUD funded service coordinators:
Provided further, That the Secretary shall submit a plan to the House
and Senate Committees on Appropriations for approval detailing how the
funding provided under this heading will be allocated to each of the
categories identified under this heading and for what projects or
activities funding will be used: Provided further, That following the
initial approval of this plan, the Secretary may amend the plan with
the approval of the House and Senate Committees on Appropriations.
General Provisions--Department of Housing and Urban Development
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 2011 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 for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
made available under this title for fiscal year 2011 that are allocated
under such section, the Secretary of Housing and Urban Development
shall allocate and make a grant, in the amount determined under
subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2011 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2011 do not have the number of
cases of acquired immunodeficiency syndrome (AIDS) required
under such clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2011, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2011 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New
York, on behalf of the New York-Wayne-White Plains, New York-New Jersey
Metropolitan Division (hereafter ``metropolitan division'') of the New
York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development by: (1)
allocating to the City of Jersey City, New Jersey, the proportion of
the metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the metropolitan
area or division that is located in Hudson County, New Jersey, and
adjusting for the proportion of the metropolitan division's high
incidence bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to the City of
Paterson, New Jersey, the proportion of the metropolitan area's or
division's amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located in
Bergen County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence bonus if this
area in New Jersey also has a higher than average per capita incidence
of AIDS. The recipient cities shall use amounts allocated under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2011 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than
average per capita incidence of AIDS, shall be adjusted by the
Secretary on the basis of area incidence reported over a 3-year period.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made 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 2011 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. (a) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2011 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''),
shall be adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of cases of
AIDS reported in the portion of the metropolitan division that is
located in New Jersey, and adjusting for the proportion of the
metropolitan division's high incidence bonus if this area in New Jersey
also has a higher than average per capita incidence of AIDS. The State
of New Jersey shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
metropolitan division that is located in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary of
Housing and Urban Development shall allocate to Wake County, North
Carolina, the amounts that otherwise would be allocated for fiscal year
2011 under section 854(c) of the AIDS Housing Opportunity Act (42
U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of
the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any
amounts allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904) within such
metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
Development may adjust the allocation of the amounts that otherwise
would be allocated for fiscal year 2011 under section 854(c) of such
Act, upon the written request of an applicant, in conjunction with the
State(s), for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which the
metropolitan statistical area is located as the eligible grantee(s) of
the allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each State
shall be in proportion to the number of cases of AIDS reported in the
portion of the metropolitan statistical area located in that State. Any
amounts allocated to a State under this section shall be used to carry
out eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 210. The President's formal budget request for fiscal year
2012, 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. 211. A public housing agency or such other entity that
administers Federal housing assistance for the Housing Authority of the
county of Los Angeles, California, the States of Alaska, Iowa, and
Mississippi shall not be 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. 212. (a) Notwithstanding any other provision of law, subject
to the conditions listed in subsection (b), for fiscal years 2011 and
2012, 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) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) The number of low-income and very low-income units and
the net dollar amount of Federal assistance provided by the
transferring project shall remain the same in the receiving
project or projects.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(c)(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.
(8) If the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) Any financial risk to the FHA General and Special Risk
Insurance Fund, as determined by the Secretary, would be
reduced as a result of a transfer completed under this section.
(10) The Secretary determines that Federal liability with
regard to this project will not be increased.
(c) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 as amended by section 801 of
the Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act; and
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
use low-income and very low-income restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 213. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title III of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 214. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 215. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher education
(as defined under section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined in
section 3(b)(3)(E) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(3)(E)) and was not receiving assistance under such section 8
as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents who,
individually or jointly, are not eligible, to receive 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) that an individual receives under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources,
or an institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
that individual, except for a person over the age of 23 with dependent
children.
Sec. 216. (a) Section 255(g) of the National Housing Act (12 U.S.C.
1715z-20) is amended by striking the first sentence.
Sec. 217. Notwithstanding any other provision of law, in fiscal
year 2010, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, 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 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. 218. During fiscal year 2011, 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. 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. 220. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of 1959 (12
U.S.C. 1701q) after December 26, 2000, in accordance with the
unnumbered paragraph at the end of section 202(b) of such Act, may, at
its option, establish a single-asset nonprofit entity to own the
project and may lend the grant funds to such entity, which may be a
private nonprofit organization described in section 831 of the American
Homeownership and Economic Opportunity Act of 2000.
Sec. 221. (a) The amounts provided under the 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 in fiscal year
2011 and subsequent years: Provided, That, any State receiving such a
guarantee or commitment shall distribute all funds subject to such
guarantee to the units of general local government in non-entitlement
areas that received the commitment.
(b) Not later than 60 days after the date of enactment of this Act,
the Secretary of Housing and Urban Development shall promulgate
regulations governing the administration of the funds described under
subsection (a).
Sec. 222. Section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2011.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2011.''.
Sec. 223. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary of Housing and Urban
Development in connection with the operating fund rule: Provided, That
an agency seeking a discontinuance of a reduction of subsidy under the
operating fund formula shall not be exempt from asset management
requirements.
Sec. 224. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
Provided, That a public housing agency may not use capital funds
authorized under section 9(d) for activities that are eligible under
section 9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
Sec. 225. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that, not later than 90 days
after the date of enactment of this Act, there is a trained allotment
holder shall be designated for each HUD subaccount under the headings
``Executive Direction'' and heading ``Administration, Operations, and
Management'' as well as each account receiving appropriations for
``personnel compensation and benefits'' within the Department of
Housing and Urban Development.
Sec. 226. 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. 227. (a) Approval of Prepayment of Debt.--Upon request of the
project sponsor of a project assisted with a loan under section 202 of
the Housing Act of 1959 (as in effect before the enactment of the
Cranston-Gonzalez National Affordable Housing Act), for which the
Secretary's consent to prepayment is required, the Secretary shall
approve the prepayment of any indebtedness to the Secretary relating to
any remaining principal and interest under the loan as part of a
prepayment plan under which--
(1) the project sponsor agrees to operate the project until
the maturity date of the original loan under terms at least as
advantageous to existing and future tenants as the terms
required by the original loan agreement or any project-based
rental assistance payments contract under section 8 of the
United States Housing Act of 1937 (or any other project-based
rental housing assistance programs of the Department of Housing
and Urban Development, including the rent supplement program
under section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s)) or any successor project-based rental
assistance program, except as provided by subsection (a)(2)(B);
and
(2) the prepayment may involve refinancing of the loan if
such refinancing results--
(A) in a lower interest rate on the principal of
the loan for the project and in reductions in debt
service related to such loan; or
(B) in the case of a project that is assisted with
a loan under such section 202 carrying an interest rate
of 6 percent or lower, a transaction under which--
(i) the project owner shall address the
physical needs of the project;
(ii) the prepayment plan for the
transaction, including the refinancing, shall
meet a cost benefit analysis, as established by
the Secretary, that the benefit of the
transaction outweighs the cost of the
transaction including any increases in rent
charged to unassisted tenants;
(iii) the overall cost for providing rental
assistance under section 8 for the project (if
any) is not increased, except, upon approval by
the Secretary to--
(I) mark-up-to-market contracts
pursuant to section 524(a)(3) of the
Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f
note), as such section is carried out
by the Secretary for properties owned
by nonprofit organizations; or
(II) mark-up-to-budget contracts
pursuant to section 524(a)(4) of the
Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f
note), as such section is carried out
by the Secretary for properties owned
by eligible owners (as such term is
defined in section 202(k) of the
Housing Act of 1959 (12 U.S.C.
1701q(k));
(iv) the project owner may charge tenants
rent sufficient to meet debt service payments
and operating cost requirements, as approved by
the Secretary, if project-based rental
assistance is not available or is insufficient
for the debt service and operating cost of the
project after refinancing. Such approval by the
Secretary--
(I) shall be the basis for the
owner to agree to terminate the
project-based rental assistance
contract that is insufficient for the
debt service and operating cost of the
project after refinancing; and
(II) shall be an eligibility event
for the project for purposes of section
8(t) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(t));
(v) units to be occupied by tenants
assisted under section 8(t) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(t))
shall, upon termination of the occupancy of
such tenants, become eligible for project-based
assistance under section 8(o)(13) of the United
States Housing Act of 1937 (42 U.S.C.
1437f(o)(13)) without regard to the percentage
limitations provided in such section; and
(vi) there shall be a use agreement of 20
years from the date of the maturity date of the
original 202 loan for all units, including
units to be occupied by tenants assisted under
section 8(t) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(t)).
Sec. 228. No property identified by the Secretary of Housing and
Urban Development as surplus Federal property for use to assist the
homeless shall be made available to any homeless group unless the group
is a member in good standing under any of HUD's homeless assistance
programs or is in good standing with any other program which receives
funds from any other Federal or State agency or entity: Provided, That
an exception may be made for an entity not involved with Federal
homeless programs to use surplus Federal property for the homeless only
after the Secretary or another responsible Federal agency has fully and
comprehensively reviewed all relevant finances of the entity, the track
record of the entity in assisting the homeless, the ability of the
entity to manage the property, including all costs, the ability of the
entity to administer homeless programs in a manner that is effective to
meet the needs of the homeless population that is expected to use the
property and any other related issues that demonstrate a commitment to
assist the homeless: Provided further, That the Secretary shall not
require the entity to have cash in hand in order to demonstrate
financial ability but may rely on the entity's prior demonstrated
fundraising ability or commitments for in-kind donations of goods and
services: Provided further, That the Secretary shall make all such
information and its decision regarding the award of the surplus
property available to the committees of jurisdiction, including a full
justification of the appropriateness of the use of the property to
assist the homeless as well as the appropriateness of the group seeking
to obtain the property to use such property to assist the homeless:
Provided further, That, this section shall apply to properties in
fiscal years 2010 and 2011 made available as surplus Federal property
for use to assist the homeless.
Sec. 229. The Secretary of the Department of Housing and Urban
Development is authorized to transfer up to 5 percent of funds
appropriated for any account under this title under the heading
``Personnel Compensation and Benefits'' to any other account under this
title under the heading ``Personnel Compensation and Benefits'' only
after such transfer has been submitted to, and received prior written
approval by, the House and Senate Committees on Appropriations:
Provided, That, no appropriation for any such account shall be
increased or decreased by more than 10 percent by all such transfers.
Sec. 230. Notwithstanding any other provision of law, in
determining the market value of any multifamily real property or
multifamily loan for any noncompetitive sale to a State or local
government, the Secretary shall in fiscal year 2011 consider, but not
be limited to, industry standard appraisal practices, including the
cost of repairs needed to bring the property into such condition as to
satisfy minimum State and local code standards and the cost of
maintaining the affordability restrictions imposed by the Secretary on
the multifamily real property or multifamily loan.
Sec. 231. 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. 232. Section 203(c)(2)(B) of the National Housing Act (12
U.S.C. 1709(c)(2)(B)) is amended to read as follows: ``(B) In addition
to the premium under subparagraph (A), the Secretary may establish and
collect annual premium payments in an amount not exceeding 1.50 percent
of the remaining insured principal balance (excluding the portion of
the remaining balance attributable to the premium collected under
subparagraph (A) and without taking into account delinquent payments or
prepayments). The Secretary, by publication of a notice in the Federal
Register, may establish or change the amount of the premium under
subparagraph (A) or the annual premium, and the period of the mortgage
term for which an annual premium amount shall apply.''.
Sec. 233. For an additional amount for the ``Administration,
Operations and Management'' account, $2,070,635, to increase the
Department's acquisition workforce capacity and capabilities: Provided,
That such funds may be transferred by the Secretary to any other
account in the Department to carry out the purposes provided herein:
Provided further, That such transfer authority is in addition to any
other transfer authority provided in this Act: Provided further, That
such funds shall be available only to supplement and not to supplant
existing acquisition workforce activities: Provided further, That such
funds shall be available for training, recruitment, retention, and
hiring additional members of the acquisition workforce as defined by
the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 401
et seq.): Provided further, That such funds shall be available for
information technology in support of acquisition workforce
effectiveness or for management solutions to improve acquisition
management.
Sec. 234. The paragraphs under the heading ``Flexible Subsidy
Fund'' in Public Law 108-447 and in Public Law 109-115 are repealed.
Sec. 235. (a) Loan Limit Floor Based on 2008 Levels.--For mortgages
for which the mortgagee issues credit approval for the borrower during
fiscal year 2011, if the dollar amount limitation on the principal
obligation of a mortgage determined under section 203(b)(2) of the
National Housing Act (12 U.S.C. 1709(b)(2)) for any size residence for
any area is less than such dollar amount limitation that was in effect
for such size residence for such area for 2008 pursuant to section 202
of the Economic Stimulus Act of 2008 (Public Law 110-185; 122 Stat.
620), notwithstanding any other provision of law or of this joint
resolution, the maximum dollar amount limitation on the principal
obligation of a mortgage for such size residence for such area for
purposes of such section 203(b)(2) shall be considered (except for
purposes of section 255(g) of such Act (12 U.S.C. 1715z-20(g))) to be
such dollar amount limitation in effect for such size residence for
such area for 2008.
(b) Discretionary Authority for Sub-Areas.--Notwithstanding any
other provision of law or of this joint resolution, if the Secretary of
Housing and Urban Development determines, for any geographic area that
is smaller than an area for which dollar amount limitations on the
principal obligation of a mortgage are determined under section
203(b)(2) of the National Housing Act, that a higher such maximum
dollar amount limitation is warranted for any particular size or sizes
of residences in such sub-area by higher median home prices in such
sub-area, the Secretary may, for mortgages for which the mortgagee
issues credit approval for the borrower during calendar year 2010,
increase the maximum dollar amount limitation for such size or sizes of
residences for such sub-area that is otherwise in effect (including
pursuant to subsection (a) of this section), but in no case to an
amount that exceeds the amount specified in section 202(a)(2) of the
Economic Stimulus Act of 2008.
Sec. 236. (a) Loan Limit Floor Based on 2008 Levels.--For mortgages
originated during fiscal year 2011, if the limitation on the maximum
original principal obligation of a mortgage that may be purchased by
the Federal National Mortgage Association or the Federal Home Loan
Mortgage Corporation determined under section 302(b)(2) of the Federal
National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) or
section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12
U.S.C 1754(a)(2)) respectively, for any size residence for any area is
less than such maximum original principal obligation limitation that
was in effect for such size residence for such area for 2008 pursuant
to section 201 of the Economic Stimulus Act of 2008 (Public Law 110-
185; 122 Stat. 619), notwithstanding any other provision of law or of
this joint resolution, the limitation on the maximum original principal
obligation of a mortgage for such Association and Corporation for such
size residence for such area shall be such maximum limitation in effect
for such size residence for such area for 2008.
(b) Discretionary Authority for Sub-Areas.--Notwithstanding any
other provision of law or of this joint resolution, if the Director of
the Federal Housing Finance Agency determines, for any geographic area
that is smaller than an area for which limitations on the maximum
original principal obligation of a mortgage are determined for the
Federal National Mortgage Association or the Federal Home Loan Mortgage
Corporation, that a higher such maximum original principal obligation
limitation is warranted for any particular size or sizes of residences
in such sub-area by higher median home prices in such sub-area, the
Director may, for mortgages originated during calendar year 2010,
increase the maximum original principal obligation limitation for such
size or sizes of residences for such sub-area that is otherwise in
effect (including pursuant to subsection (a) of this section) for such
Association and Corporation, but in no case to an amount that exceeds
the amount specified in the matter following the comma in section
201(a)(l)(B) of the Economic Stimulus Act of 2008.
Sec. 237. Notwithstanding any other provision of this joint
resolution, for mortgages for which the mortgagee issues credit
approval for the borrower during fiscal year 2011, the second sentence
of section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g))
shall be considered to require that in no case may the benefits of
insurance under such section 255 exceed 150 percent of the maximum
dollar amount in effect under the sixth sentence of section 305(a)(2)
of the Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1454(a)(2)).
Sec. 238. None of the funds in this Act shall be available for
salaries and expenses of more than 75 political and Presidential
appointees in the Department of Housing and Urban Development:
Provided, That none of the personnel covered by this provision may be
assigned on temporary detail outside the Department of Housing and
Urban Development.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2011''.
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, $7,300,000:
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. App. 1111), 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, $25,300,000: 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, $22,000,000: 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 2012, the Inspector General shall submit to the House
and Senate Committees on Appropriations a budget request for fiscal
year 2012 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)
$104,232,000, of which not to exceed $2,000 may be used for official
reception and representation expenses: Provided, That 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), $137,000,000, of
which $5,000,000 shall be for a multi-family rental housing program:
Provided, That in addition, $35,000,000 shall be made available until
expended for capital grants to rehabilitate or finance the
rehabilitation of affordable housing units, including necessary
administrative expenses: Provided further, That in addition,
$113,000,000 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,
$2,680,000.
Section 209 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11319) is amended by striking the date specified in such section
and inserting ``October 1, 2012''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. Such sums as may be necessary for fiscal year 2010 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 2010, 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: (1) 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; (2) 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 (3) 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 2011 from appropriations made available for salaries
and expenses for fiscal year 2011 in this Act, shall remain available
through September 30, 2012, 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, 2010. 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 brownfield as defined
in the Small Business Liability Relief and Brownfield 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 in contravention of 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 in this Act may be used
to purchase a light bulb for an office building unless the light bulb
has, to the extent practicable, an Energy Star or Federal Energy
Management Program designation.
Sec. 416. 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. 417. None of the funds provided in this Act for any program,
project, or activity that is considered to be a congressional earmark
for purposes of clause 9 of rule XXI of the Rules of the House of
Representatives of the 111th Congress may be awarded to a for-profit
entity.
Sec. 418. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 419. (a) None of the funds appropriated or otherwise made
available by this Act may be obligated by any covered executive agency
in contravention of the certification requirement of section 6(b) of
the Iran Sanctions Act of 1996, as included in the revisions to the
Federal Acquisition Regulation pursuant to such section.
Sec. 420. (a) Limitation on Use of Funds.--None of the funds
provided in this Act may be used for doctoral dissertation research
grants on housing and urban development issues.
(b) Corresponding Reduction in Funds.--The amount otherwise
provided by this Act for ``Department of Housing and Urban
Development--Policy Development and Research--Research and Technology''
is hereby reduced by $300,000.
Sec. 421. None of the funds made available in this Act under the
heading ``Department of Housing and Urban Development--Management and
Administration--Executive Direction'' may be used by the Secretary of
Housing and Urban Development for travel expenses.
Sec. 422. None of the funds appropriated or otherwise made
available under this Act may be used to implement section 124 except as
authorized by law after the date of enactment of this Act.
Sec. 423. 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.
This Act may be cited as the ``Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2011''.
Passed the House of Representatives July 29, 2010.
Attest:
Lorraine C. Miller,
Clerk.
By
Deputy Clerk.
111th CONGRESS
2d Session
H. R. 5850
_______________________________________________________________________
AN ACT
Making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2011, and for other purposes.