II 

Calendar No. 503 

111TH CONGRESS 

2D SESSION H. R. 5850 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2010 

Received; read twice and placed on the calendar 

AN ACT 

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

2011, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Transportation, and Housing and Urban 

6 Development, and related agencies for the fiscal year end7 ing September 30, 2011, and for other purposes, namely: 


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1 TITLE I 

2 DEPARTMENT OF TRANSPORTATION 

3 OFFICE OF THE SECRETARY

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Secretary, 

6 $111,615,000 (reduced by $1,600,000), of which not to 

7 exceed $2,667,000 shall be available for the immediate Of8 fice of the Secretary; not to exceed $1,000,000 shall be 

9 available for the immediate Office of the Deputy Sec10 retary; not to exceed $19,711,000 shall be available for 

11 the Office of the General Counsel; not to exceed 

12 $12,015,000 (reduced by $250,000) shall be available for 

13 the Office of the Under Secretary of Transportation for 

14 Policy; not to exceed $11,899,000 (reduced by 

15 $1,600,000) shall be available for the Office of the Assist16 ant Secretary for Budget and Programs; not to exceed 

17 $2,530,000 (reduced by $50,000) shall be available for the 

18 Office of the Assistant Secretary for Governmental Af19 fairs; not to exceed $25,695,000 (reduced by $175,000) 

20 shall be available for the Office of the Assistant Secretary 

21 for Administration; not to exceed $2,240,000 (reduced by 

22 $100,000) shall be available for the Office of Public Af23 fairs; not to exceed $1,683,000 shall be available for the 

24 Office of the Executive Secretariat; not to exceed 

25 $1,513,000 (increased by $100,000) shall be available for 


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1 the Office of Small and Disadvantaged Business Utiliza2 tion; not to exceed $10,999,000 for the Office of Intel3 ligence, Security, and Emergency Response; and not to ex4 ceed $19,663,000 shall be available for the Office of the 

5 Chief Information Officer: Provided, That the Secretary 

6 of Transportation is authorized to transfer funds appro7 priated for any office of the Office of the Secretary to any 

8 other office of the Office of the Secretary: Provided fur9 ther, That no appropriation for any office shall be in10 creased or decreased by more than 5 percent by all such 

11 transfers: Provided further, That notice of any change in 

12 funding greater than 5 percent shall be submitted for ap13 proval to the House and Senate Committees on Appropria14 tions: Provided further, That not to exceed $60,000 shall 

15 be for allocation within the Department for official recep16 tion and representation expenses as the Secretary may de17 termine: Provided further, That notwithstanding any other 

18 provision of law, excluding fees authorized in Public Law 

19 107–71, there may be credited to this appropriation up 

20 to $2,500,000 in funds received in user fees: Provided fur21 ther, That none of the funds provided in this Act shall 

22 be available for the position of Assistant Secretary for 

23 Public Affairs. 


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1 LIVABLE COMMUNITIES

2 For necessary expenses for livable communities initia3 tives, including coordinating livability and sustainability 

4 work within the Department of Transportation and with 

5 the Environmental Protection Agency and the Department 

6 of Housing and Urban Development; developing perform7 ance standards and metrics; building analytical capacity; 

8 and providing grants and direct technical assistance to 

9 State, local, and non-profit organizations, $20,000,000, to 

10 remain available until September 30, 2013; Provided, 

11 That any grants and technical assistance made available 

12 under this heading shall be for improved performance 

13 measurement capabilities, enhanced ability to perform al14 ternatives analysis, and training and workshops for per15 sonnel. 

16 NATIONAL INFRASTRUCTURE INVESTMENT

17 For capital investments in transportation infrastruc18 ture, $400,000,000, to remain available through Sep19 tember 30, 2013: Provided, That the Secretary of Trans20 portation shall distribute funds provided under this head21 ing as discretionary grants to be awarded to a State, local 

22 government, transit agency, or a collaboration among such 

23 entities on a competitive basis for projects that will have 

24 a significant impact on the Nation, a metropolitan area, 

25 or a region: Provided further, That projects eligible for 


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1 funding provided under this heading shall include, but not 

2 be limited to, highway or bridge projects eligible under 

3 title 23, United States Code; public transportation 

4 projects eligible under chapter 53 of title 49, United 

5 States Code; passenger and freight rail transportation 

6 projects; and port infrastructure investments: Provided 

7 further, That in distributing funds provided under this 

8 heading, the Secretary shall take such measures so as to 

9 ensure an equitable geographic distribution of funds, an 

10 appropriate balance in addressing the needs of urban and 

11 rural areas, and the investment in a variety of transpor12 tation modes: Provided further, That a grant funded under 

13 this heading shall be not less than $5,000,000 and not 

14 greater than $75,000,000: Provided further, That not 

15 more than 12.5 percent of the funds made available under 

16 this heading may be awarded to projects in a single State: 

17 Provided further, That the Federal share of the costs for 

18 which an expenditure is made under this heading shall be, 

19 at the option of the recipient, up to 80 percent: Provided 

20 further, That the Secretary shall give priority to projects 

21 that require a contribution of Federal funds in order to 

22 complete an overall financing package: Provided further, 

23 That not less than $100,000,000 of the funds provided 

24 under this heading shall be for projects located in rural 

25 areas: Provided further, That for projects located in rural 


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1 areas, the minimum grant size shall be $1,000,000 and 

2 the Secretary may increase the Federal share of costs 

3 above 80 percent: Provided further, That of the amount 

4 made available under this heading, the Secretary may use 

5 an amount not to exceed $60,000,000 for the purpose of 

6 paying the subsidy and administrative costs of projects eli7 gible for federal credit assistance under chapter 6 of title 

8 23, United States Code, if the Secretary finds that such 

9 use of the funds would advance the purposes of this para10 graph: Provided further, That the Secretary may use up 

11 to ten percent of the funds provided under this heading 

12 to fund the costs of equipping aircraft with communica13 tions, surveillance, navigation and other avionics to con14 duct a demonstration of NextGen air traffic control capa15 bilities through grants or other authorities available under 

16 section 106(l)(6) of title 49, United States Code: Provided 

17 further, That of the amount made available under this 

18 heading, the Secretary may use an amount not to exceed 

19 $20,000,000 for the planning, preparation or design of 

20 projects eligible for funding under this heading: Provided 

21 further, That projects conducted using funds provided 

22 under this heading must comply with the requirements of 

23 subchapter IV of chapter 31 of title 40, United States 

24 Code: Provided further, That the Secretary shall publish 

25 criteria on which to base the competition for any grants 


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1 awarded under this heading no sooner than 60 days after 

2 enactment of this Act, require applications for funding 

3 provided under this heading to be submitted no sooner 

4 than 120 days after the publication of such criteria, and 

5 announce all projects selected to be funded from funds 

6 provided under this heading no sooner than September 15, 

7 2011: Provided further, That the Secretary may retain up 

8 to $16,000,000 of the funds provided under this heading, 

9 and may transfer portions of those funds to the Adminis10 trators of the Federal Highway Administration, the Fed11 eral Transit Administration, the Federal Railroad Admin12 istration, the Federal Aviation Administration, and the 

13 Federal Maritime Administration, to fund the award and 

14 oversight of grants made under this heading. 

15 FINANCIAL MANAGEMENT CAPITAL

16 For necessary expenses for upgrading and enhancing 

17 the Department of Transportation’s financial systems and 

18 re-engineering business processes, $18,500,000, to remain 

19 available until expended. 

20 CYBER SECURITY INITIATIVES

21 For necessary one-time expenses for cyber security 

22 initiatives, including improvement of network perimeter 

23 controls and identity management, testing and assessment 

24 of information technology against business, security, and 

25 other requirements, implementation of federal cyber secuVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 rity initiatives and information infrastructure enhance2 ments, implementation of enhanced security controls on 

3 network devices, and enhancement of cyber security work4 force training tools, $28,188,000, to remain available until 

5 expended. 

6 OFFICE OF CIVIL RIGHTS

7 For necessary expenses of the Office of Civil Rights, 

8 $9,767,000. 

9 TRANSPORTATION PLANNING, RESEARCH, AND

10 DEVELOPMENT

11 For necessary expenses for conducting transportation 

12 planning, research, systems development, development ac13 tivities, and making grants, to remain available until ex14 pended, $9,819,000. 

15 WORKING CAPITAL FUND

16 For necessary expenses for operating costs and cap17 ital outlays of the Working Capital Fund, not to exceed 

18 $148,096,000, shall be paid from appropriations made 

19 available to the Department of Transportation: Provided, 

20 That such services shall be provided on a competitive basis 

21 to entities within the Department of Transportation: Pro22 vided further, That the above limitation on operating ex23 penses shall not apply to non-DOT entities: Provided fur24 ther, That no funds appropriated in this Act to an agency 

25 of the Department shall be transferred to the Working 


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1 Capital Fund without the approval of the agency modal 

2 administrator: Provided further, That no assessments may 

3 be levied against any program, budget activity, subactivity 

4 or project funded by this Act unless notice of such assess5 ments and the basis therefor are presented to the House 

6 and Senate Committees on Appropriations and are ap7 proved by such Committees. 

8 MINORITY BUSINESS RESOURCE CENTER PROGRAM

9 For the cost of guaranteed loans, $329,000, as au10 thorized by 49 U.S.C. 332: Provided, That such costs, in11 cluding the cost of modifying such loans, shall be as de12 fined in section 502 of the Congressional Budget Act of 

13 1974: Provided further, That these funds are available to 

14 subsidize total loan principal, any part of which is to be 

15 guaranteed, not to exceed $18,367,000. In addition, for 

16 administrative expenses to carry out the guaranteed loan 

17 program, $584,000. 

18 MINORITY BUSINESS OUTREACH

19 For necessary expenses of Minority Business Re20 source Center outreach activities, $3,395,000 (increased 

21 by $225,000), to remain available until September 30, 

22 2012: Provided, That notwithstanding 49 U.S.C. 332, 

23 these funds may be used for business opportunities related 

24 to any mode of transportation. 


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1 PAYMENTS TO AIR CARRIERS

2 (AIRPORT AND AIRWAY TRUST FUND)

3 (INCLUDING TRANSFER OF FUNDS)

4 In addition to funds made available from any other 

5 source to carry out the essential air service program under 

6 49 U.S.C. 41731 through 41742, $146,000,000, to be de7 rived from the Airport and Airway Trust Fund, to remain 

8 available until expended: Provided, That, in determining 

9 between or among carriers competing to provide service 

10 to a community, the Secretary may consider the relative 

11 subsidy requirements of the carriers: Provided further, 

12 That, if the funds under this heading are insufficient to 

13 meet the costs of the essential air service program in the 

14 current fiscal year, the Secretary shall transfer such sums 

15 as may be necessary to carry out the essential air service 

16 program from any available amounts appropriated to or 

17 directly administered by the Office of the Secretary for 

18 such fiscal year. 

19 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

20 SECRETARY OF TRANSPORTATION

21 SEC. 101. None of the funds made available in this 

22 Act to the Department of Transportation may be obligated 

23 for the Office of the Secretary of Transportation to ap24 prove assessments or reimbursable agreements pertaining 

25 to funds appropriated to the modal administrations in this 


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1 Act, except for activities underway on the date of enact2 ment of this Act, unless such assessments or agreements 

3 have completed the normal reprogramming process for 

4 Congressional notification. 

5 SEC. 102. None of the funds made available under 

6 this Act may be obligated or expended to establish or im7 plement a program under which essential air service com8 munities are required to assume subsidy costs commonly 

9 referred to as the EAS local participation program. 

10 SEC. 103. The Secretary or his designee may engage 

11 in activities with States and State legislators to consider 

12 proposals related to the reduction of motorcycle fatalities. 

13 SEC. 104. (a) Prior to awarding any grants under 

14 the National Infrastructure Investments program, the 

15 Secretary of Transportation shall post on the Department 

16 of Transportation website any request or application for 

17 funding received by the Department for projects from the 

18 program. Such post shall include a copy of any such re19 quest or application and all project data and supplemental 

20 materials provided by the entity seeking such grant. 

21 (b) No later than 5 days after the announcing of 

22 grant awards, the Secretary shall post on the Department 

23 of Transportation website a complete description and ac24 counting of what criteria, both qualitative and quanVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 titative, was used in the selection of the grants under the 

2 program. 

3 (c) The Office of Inspector General of the Depart4 ment of Transportation shall audit and review 10 percent 

5 of grant recipients under the National Infrastructure In6 vestments program to ensure that funds issued under such 

7 program are used appropriately and within the scope of 

8 the grant awarded. 

9 FEDERAL AVIATION ADMINISTRATION

10 OPERATIONS

11 (AIRPORT AND AIRWAY TRUST FUND)

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses of the Federal Aviation Ad14 ministration, not otherwise provided for, including oper15 ations and research activities related to commercial space 

16 transportation, administrative expenses for research and 

17 development, establishment of air navigation facilities, the 

18 operation (including leasing) and maintenance of aircraft, 

19 subsidizing the cost of aeronautical charts and maps sold 

20 to the public, lease or purchase of passenger motor vehi21 cles for replacement only, in addition to amounts made 

22 available by Public Law 108–176, $9,793,000,000, of 

23 which $3,900,000,000 shall be derived from the Airport 

24 and Airway Trust Fund, of which not to exceed 

25 $7,630,628,000 shall be available for air traffic organizaVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 tion activities; not to exceed $1,304,486,000 shall be avail2 able for aviation safety activities; not to exceed 

3 $16,747,000 shall be available for commercial space trans4 portation activities; not to exceed $114,784,000 shall be 

5 available for financial services activities; not to exceed 

6 $103,297,000 shall be available for human resources pro7 gram activities; not to exceed $361,354,000 shall be avail8 able for region and center operations and regional coordi9 nation activities; not to exceed $208,994,000 shall be 

10 available for staff offices; and not to exceed $53,360,000 

11 shall be available for information services: Provided, That 

12 the Secretary utilize not less than $17,000,000 of the 

13 funds provided for aviation safety activities to pay for staff 

14 increases in the Office of Aviation Flight Standards and 

15 the Office of Aircraft Certification: Provided further, That 

16 none of the funds provided for increases to the staffs of 

17 the aviation flight standards and aircraft certification of18 fices shall be used for other purposes: Provided further, 

19 That not to exceed 2 percent of any budget activity, except 

20 for aviation safety budget activity, may be transferred to 

21 any budget activity under this heading: Provided further, 

22 That no transfer may increase or decrease any appropria23 tion by more than 2 percent: Provided further, That any 

24 transfer in excess of 2 percent shall be treated as a re25 programming of funds under section 405 of this Act and 


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1 shall not be available for obligation or expenditure except 

2 in compliance with the procedures set forth in that section: 

3 Provided further, That not later than March 31 of each 

4 fiscal year hereafter, the Administrator of the Federal 

5 Aviation Administration shall transmit to Congress an an6 nual update to the report submitted to Congress in De7 cember 2004 pursuant to section 221 of Public Law 108– 

8 176: Provided further, That the amount herein appro9 priated shall be reduced by $100,000 for each day after 

10 March 31 that such report has not been submitted to the 

11 Congress: Provided further, That not later than March 31 

12 of each fiscal year hereafter, the Administrator shall 

13 transmit to Congress a companion report that describes 

14 a comprehensive strategy for staffing, hiring, and training 

15 flight standards and aircraft certification staff in a format 

16 similar to the one utilized for the controller staffing plan, 

17 including stated attrition estimates and numerical hiring 

18 goals by fiscal year: Provided further, That the amount 

19 herein appropriated shall be reduced by $100,000 per day 

20 for each day after March 31 that such report has not been 

21 submitted to Congress: Provided further, That funds may 

22 be used to enter into a grant agreement with a nonprofit 

23 standard-setting organization to assist in the development 

24 of aviation safety standards: Provided further, That none 

25 of the funds in this Act shall be available for new appliVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 cants for the second career training program: Provided 

2 further, That none of the funds in this Act shall be avail3 able for the Federal Aviation Administration to finalize 

4 or implement any regulation that would promulgate new 

5 aviation user fees not specifically authorized by law after 

6 the date of the enactment of this Act: Provided further, 

7 That there may be credited to this appropriation as offset8 ting collections funds received from States, counties, mu9 nicipalities, foreign authorities, other public authorities, 

10 and private sources, including funds from fees authorized 

11 under Chapter 453 of title 49, United States Code, other 

12 than those authorized by section 45301(a)(1) of that title, 

13 which shall be available for expenses incurred in the provi14 sion of agency services, including receipts for the mainte15 nance and operation of air navigation facilities, and for 

16 issuance, renewal or modification of certificates, including 

17 airman, aircraft, and repair station certificates, or for 

18 tests related thereto, or for processing major repair or al19 teration forms: Provided further, That of the funds appro20 priated under this heading, not less than $9,500,000 shall 

21 be for the contract tower cost-sharing program: Provided 

22 further, That none of the funds in this Act for aeronautical 

23 charting and cartography are available for activities con24 ducted by, or coordinated through, the Working Capital 

25 Fund. 


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1 FACILITIES AND EQUIPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for, 

4 for acquisition, establishment, technical support services, 

5 improvement by contract or purchase, and hire of national 

6 airspace systems and experimental facilities and equip7 ment, as authorized under part A of subtitle VII of title 

8 49, United States Code, including initial acquisition of 

9 necessary sites by lease or grant; engineering and service 

10 testing, including construction of test facilities and acqui11 sition of necessary sites by lease or grant; construction 

12 and furnishing of quarters and related accommodations 

13 for officers and employees of the Federal Aviation Admin14 istration stationed at remote localities where such accom15 modations are not available; and the purchase, lease, or 

16 transfer of aircraft from funds available under this head17 ing, including aircraft for aviation regulation and certifi18 cation; to be derived from the Airport and Airway Trust 

19 Fund, $3,000,000,000, of which $2,508,000,000 shall re20 main available until September 30, 2013, and of which 

21 $492,000,000 shall remain available until September 30, 

22 2011: Provided, That there may be credited to this appro23 priation funds received from States, counties, municipali24 ties, other public authorities, and private sources, for ex25 penses incurred in the establishment, improvement, and 


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1 modernization of National Airspace Systems: Provided 

2 further, That upon initial submission to the Congress of 

3 the fiscal year 2012 President’s budget, the Secretary of 

4 Transportation shall transmit to the Congress a com5 prehensive capital investment plan for the Federal Avia6 tion Administration which includes funding for each budg7 et line item for fiscal years 2012 through 2016, with total 

8 funding for each year of the plan constrained to the fund9 ing targets for those years as estimated and approved by 

10 the Office of Management and Budget. 

11 RESEARCH, ENGINEERING, AND DEVELOPMENT

12 (AIRPORT AND AIRWAY TRUST FUND)

13 For necessary expenses, not otherwise provided for, 

14 for research, engineering, and development, as authorized 

15 under part A of subtitle VII of title 49, United States 

16 Code, including construction of experimental facilities and 

17 acquisition of necessary sites by lease or grant, 

18 $198,000,000, to be derived from the Airport and Airway 

19 Trust Fund and to remain available until September 30, 

20 2013: Provided, That there may be credited to this appro21 priation as offsetting collections, funds received from 

22 States, counties, municipalities, other public authorities, 

23 and private sources, which shall be available for expenses 

24 incurred for research, engineering, and development. 


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1 GRANTS-IN-AID FOR AIRPORTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (AIRPORT AND AIRWAY TRUST FUND)

5 For liquidation of obligations incurred for grants-in6 aid for airport planning and development, and noise com7 patibility planning and programs as authorized under sub8 chapter I of chapter 471 and subchapter I of chapter 475 

9 of title 49, United States Code, and under other law au10 thorizing such obligations; for procurement, installation, 

11 and commissioning of runway incursion prevention devices 

12 and systems at airports of such title; for grants authorized 

13 under section 41743 of title 49, United States Code; and 

14 for inspection activities and administration of airport safe15 ty programs, including those related to airport operating 

16 certificates under section 44706 of title 49, United States 

17 Code, $3,550,000,000, to be derived from the Airport and 

18 Airway Trust Fund and to remain available until ex19 pended: Provided, That none of the funds under this head20 ing shall be available for the planning or execution of pro21 grams the obligations for which are in excess of 

22 $3,515,000,000 in fiscal year 2011, notwithstanding sec23 tion 47117(g) of title 49, United States Code: Provided 

24 further, That none of the funds under this heading shall 

25 be available for the replacement of baggage conveyor sysVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 tems, reconfiguration of terminal baggage areas, or other 

2 airport improvements that are necessary to install bulk ex3 plosive detection systems: Provided further, That notwith4 standing any other provision of law, of funds limited under 

5 this heading, not more than $99,622,000 shall be obli6 gated for administration, not less than $15,000,000 shall 

7 be available for the airport cooperative research program, 

8 not less than $27,217,000 shall be for Airport Technology 

9 Research. 

10 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

11 ADMINISTRATION

12 SEC. 110. None of the funds in this Act may be used 

13 to compensate in excess of 600 technical staff-years under 

14 the federally funded research and development center con15 tract between the Federal Aviation Administration and the 

16 Center for Advanced Aviation Systems Development dur17 ing fiscal year 2011. 

18 SEC. 111. None of the funds in this Act shall be used 

19 to pursue or adopt guidelines or regulations requiring air20 port sponsors to provide to the Federal Aviation Adminis21 tration without cost building construction, maintenance, 

22 utilities and expenses, or space in airport sponsor-owned 

23 buildings for services relating to air traffic control, air 

24 navigation, or weather reporting: Provided, That the pro25 hibition of funds in this section does not apply to negotiaVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 tions between the agency and airport sponsors to achieve 

2 agreement on ‘‘below-market’’ rates for these items or to 

3 grant assurances that require airport sponsors to provide 

4 land without cost to the FAA for air traffic control facili5 ties. 

6 SEC. 112. The Administrator of the Federal Aviation 

7 Administration may reimburse amounts made available to 

8 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 

9 49 U.S.C. 45303: Provided, That during fiscal year 2011, 

10 49 U.S.C. 41742(b) shall not apply, and any amount re11 maining in such account at the close of that fiscal year 

12 may be made available to satisfy section 41742(a)(1) for 

13 the subsequent fiscal year. 

14 SEC. 113. Amounts collected under section 40113(e) 

15 of title 49, United States Code, shall be credited to the 

16 appropriation current at the time of collection, to be 

17 merged with and available for the same purposes of such 

18 appropriation. 

19 SEC. 114. None of the funds appropriated or limited 

20 by this Act may be used to change weight restrictions or 

21 prior permission rules at Teterboro airport in Teterboro, 

22 New Jersey. 

23 SEC. 115. None of the funds limited by this Act for 

24 grants under the Airport Improvement Program shall be 

25 made available to the sponsor of a commercial service airVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 port if such sponsor fails to agree to a request from the 

2 Secretary of Transportation for cost-free space in a non3 revenue producing, public use area of the airport terminal 

4 or other airport facilities for the purpose of carrying out 

5 a public service air passenger rights and consumer out6 reach campaign. 

7 SEC. 116. None of the funds in this Act shall be avail8 able for paying premium pay under subsection 5546(a) of 

9 title 5, United States Code, to any Federal Aviation Ad10 ministration employee unless such employee actually per11 formed work during the time corresponding to such pre12 mium pay. 

13 SEC. 117. None of the funds in this Act may be obli14 gated or expended for an employee of the Federal Aviation 

15 Administration to purchase a store gift card or gift certifi16 cate through use of a Government-issued credit card. 

17 FEDERAL HIGHWAY ADMINISTRATION

18 LIMITATION ON ADMINISTRATIVE EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 Not to exceed $428,843,000, together with advances 

21 and reimbursements received by the Federal Highway Ad22 ministration, shall be paid in accordance with law from 

23 appropriations made available by this Act to the Federal 

24 Highway Administration for necessary expenses for ad25 ministration and operation: Provided, That of the funds 


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1 made available under this heading, not less than 

2 $8,000,000 shall be for renovations and upgrades to the 

3 fiscal management information system, except that such 

4 funds may not be obligated for such purpose until the Sec5 retary of Transportation submits to the House and Senate 

6 Committees on Appropriations a plan that identifies the 

7 full cost of the upgrades needed and a timeline for comple8 tion. In addition, not to exceed $3,300,000 shall be paid 

9 from appropriations made available by this Act and trans10 ferred to the Appalachian Regional Commission in accord11 ance with section 104 of title 23, United States Code. 

12 FEDERAL-AID HIGHWAYS

13 (LIMITATION ON OBLIGATIONS)

14 (HIGHWAY TRUST FUND)

15 None of the funds in this Act shall be available for 

16 the implementation or execution of programs, the obliga17 tions for which are in excess of $45,217,700,000 for Fed18 eral-aid highways and highway safety construction pro19 grams for fiscal year 2011: Provided, That within the 

20 $45,217,700,000 obligation limitation on Federal-aid 

21 highways and highway safety construction programs, not 

22 more than $429,800,000 shall be available for the imple23 mentation or execution of programs for transportation re24 search (chapter 5 of title 23, United States Code; sections 

25 111, 5505, and 5506 of title 49, United States Code; and 


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1 title 5 of Public Law 109–59) for fiscal year 2011: Pro2 vided further, That this limitation on transportation re3 search programs shall not apply to any authority pre4 viously made available for obligation: Provided further, 

5 That the Secretary may, as authorized by section 605(b) 

6 of title 23, United States Code, collect and spend fees to 

7 cover the costs of services of expert firms, including coun8 sel, in the field of municipal and project finance to assist 

9 in the underwriting and servicing of Federal credit instru10 ments and all or a portion of the costs to the Federal Gov11 ernment of servicing such credit instruments: Provided 

12 further, That such fees are available until expended to pay 

13 for such costs: Provided further, That such amounts are 

14 in addition to administrative expenses that are also avail15 able for such purpose, and are not subject to any obliga16 tion limitation or the limitation on administrative expenses 

17 under section 608 of title 23, United States Code. 

18 (LIQUIDATION OF CONTRACT AUTHORIZATION)

19 (HIGHWAY TRUST FUND)

20 For carrying out the provisions of title 23, United 

21 States Code, that are attributable to Federal-aid high22 ways, not otherwise provided, including reimbursement for 

23 sums expended pursuant to the provisions of 23 U.S.C. 

24 308, $45,956,700,000 or so much thereof as may be avail25 able in and derived from the Highway Trust Fund (other 


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1 than the Mass Transit Account), to remain available until 

2 expended. 

3 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

4 ADMINISTRATION

5 (INCLUDING RESCISSIONS)

6 SEC. 120. (a) For fiscal year 2011, the Secretary of 

7 Transportation shall— 

8 (1) not distribute from the obligation limitation 

9 for Federal-aid highways amounts authorized for ad10 ministrative expenses and programs by section 

11 104(a) of title 23, United States Code; programs 

12 funded from the administrative takedown authorized 

13 by section 104(a)(1) of title 23, United States Code 

14 (as in effect on the date before the date of enact15 ment of the Safe, Accountable, Flexible, Efficient 

16 Transportation Equity Act: A Legacy for Users); the 

17 highway use tax evasion program; and the Bureau of 

18 Transportation Statistics; 

19 (2) not distribute an amount from the obliga20 tion limitation for Federal-aid highways that is equal 

21 to the unobligated balance of amounts made avail22 able from the Highway Trust Fund (other than the 

23 Mass Transit Account) for Federal-aid highways and 

24 highway safety programs for previous fiscal years 

25 the funds for which are allocated by the Secretary; 


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1 (3) determine the ratio that— 

2 (A) the obligation limitation for Federal3 aid highways, less the aggregate of amounts not 

4 distributed under paragraphs (1) and (2), bears 

5 to 

6 (B) the total of the sums authorized to be 

7 appropriated for Federal-aid highways and 

8 highway safety construction programs (other 

9 than sums authorized to be appropriated for 

10 provisions of law described in paragraphs (1) 

11 through (9) of subsection (b) and sums author12 ized to be appropriated for section 105 of title 

13 23, United States Code, equal to the amount 

14 referred to in subsection (b)(10) for such fiscal 

15 year), less the aggregate of the amounts not 

16 distributed under paragraphs (1) and (2) of 

17 this subsection; 

18 (4)(A) distribute the obligation limitation for 

19 Federal-aid highways, less the aggregate amounts 

20 not distributed under paragraphs (1) and (2), for 

21 sections 1301, 1302, and 1934 of the Safe, Account22 able, Flexible, Efficient Transportation Equity Act: 

23 A Legacy for Users; sections 117 (but individually 

24 for each project numbered 1 through 3676 listed in 

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1 countable, Flexible, Efficient Transportation Equity 

2 Act: A Legacy for Users) and section 144(g) of title 

3 23, United States Code; and section 14501 of title 

4 40, United States Code, so that the amount of obli5 gation authority available for each of such sections 

6 is equal to the amount determined by multiplying 

7 the ratio determined under paragraph (3) by the 

8 sums authorized to be appropriated for that section 

9 for the fiscal year; and 

10 (B) distribute $2,000,000,000 for section 

11 105 of title 23, United States Code; 

12 (5) distribute the obligation limitation provided 

13 for Federal-aid highways, less the aggregate 

14 amounts not distributed under paragraphs (1) and 

15 (2) and amounts distributed under paragraph (4), 

16 for each of the programs that are allocated by the 

17 Secretary under the Safe, Accountable, Flexible, Ef18 ficient Transportation Equity Act: A Legacy for 

19 Users and title 23, United States Code (other than 

20 to programs to which paragraphs (1) and (4) apply), 

21 by multiplying the ratio determined under paragraph 

22 (3) by the amounts authorized to be appropriated 

23 for each such program for such fiscal year; and 

24 (6) distribute the obligation limitation provided 

25 for Federal-aid highways, less the aggregate 


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1 amounts not distributed under paragraphs (1) and 

2 (2) and amounts distributed under paragraphs (4) 

3 and (5), for Federal-aid highways and highway safe4 ty construction programs (other than the amounts 

5 apportioned for the equity bonus program, but only 

6 to the extent that the amounts apportioned for the 

7 equity bonus program for the fiscal year are greater 

8 than $2,639,000,000, and the Appalachian develop9 ment highway system program) that are apportioned 

10 by the Secretary under the Safe, Accountable, Flexi11 ble, Efficient Transportation Equity Act: A Legacy 

12 for Users and title 23, United States Code, in the 

13 ratio that— 

14 (A) amounts authorized to be appropriated 

15 for such programs that are apportioned to each 

16 State for such fiscal year, bear to 

17 (B) the total of the amounts authorized to 

18 be appropriated for such programs that are ap19 portioned to all States for such fiscal year. 

20 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

21 The obligation limitation for Federal-aid highways shall 

22 not apply to obligations: (1) under section 125 of title 23, 

23 United States Code; (2) under section 147 of the Surface 

24 Transportation Assistance Act of 1978; (3) under section 

25 9 of the Federal-Aid Highway Act of 1981; (4) under subVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 sections (b) and (j) of section 131 of the Surface Trans2 portation Assistance Act of 1982; (5) under subsections 

3 (b) and (c) of section 149 of the Surface Transportation 

4 and Uniform Relocation Assistance Act of 1987; (6) under 

5 sections 1103 through 1108 of the Intermodal Surface 

6 Transportation Efficiency Act of 1991; (7) under section 

7 157 of title 23, United States Code, as in effect on the 

8 day before the date of the enactment of the Transpor9 tation Equity Act for the 21st Century; (8) under section 

10 105 of title 23, United States Code, as in effect for fiscal 

11 years 1998 through 2004, but only in an amount equal 

12 to $639,000,000 for each of those fiscal years; (9) for 

13 Federal-aid highway programs for which obligation au14 thority was made available under the Transportation Eq15 uity Act for the 21st Century or subsequent public laws 

16 for multiple years or to remain available until used, but 

17 only to the extent that the obligation authority has not 

18 lapsed or been used; (10) under section 105 of title 23, 

19 United States Code, but only in an amount equal to 

20 $639,000,000 for each of fiscal years 2005 through 2011; 

21 and (11) under section 1603 of the Safe, Accountable, 

22 Flexible, Efficient Transportation Equity Act: A Legacy 

23 for Users, to the extent that funds obligated in accordance 

24 with that section were not subject to a limitation on obliVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 gations at the time at which the funds were initially made 

2 available for obligation. 

3 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU4 THORITY.—Notwithstanding subsection (a), the Secretary 

5 shall, after August 1 of such fiscal year, revise a distribu6 tion of the obligation limitation made available under sub7 section (a) if the amount distributed cannot be obligated 

8 during that fiscal year and redistribute sufficient amounts 

9 to those States able to obligate amounts in addition to 

10 those previously distributed during that fiscal year, giving 

11 priority to those States having large unobligated balances 

12 of funds apportioned under sections 104 and 144 of title 

13 23, United States Code. 

14 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

15 TRANSPORTATION RESEARCH PROGRAMS.—The obliga16 tion limitation shall apply to transportation research pro17 grams carried out under chapter 5 of title 23, United 

18 States Code, and title V (research title) of the Safe, Ac19 countable, Flexible, Efficient Transportation Equity Act: 

20 A Legacy for Users, except that obligation authority made 

21 available for such programs under such limitation shall re22 main available for a period of 3 fiscal years and shall be 

23 in addition to the amount of any limitation imposed on 

24 obligations for Federal-aid highway and highway safety 

25 construction programs for future fiscal years. 


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1 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

2 FUNDS.— 

3 (1) IN GENERAL.—Not later than 30 days after 

4 the date of the distribution of obligation limitation 

5 under subsection (a), the Secretary shall distribute 

6 to the States any funds that— 

7 (A) are authorized to be appropriated for 

8 such fiscal year for Federal-aid highways pro9 grams; and 

10 (B) the Secretary determines will not be 

11 allocated to the States, and will not be available 

12 for obligation, in such fiscal year due to the im13 position of any obligation limitation for such 

14 fiscal year. 

15 (2) RATIO.—Funds shall be distributed under 

16 paragraph (1) in the same ratio as the distribution 

17 of obligation authority under subsection (a)(6). 

18 (3) AVAILABILITY.—Funds distributed under 

19 paragraph (1) shall be available for any purposes de20 scribed in section 133(b) of title 23, United States 

21 Code. 

22 (f) SPECIAL LIMITATION CHARACTERISTICS.—Obli23 gation limitation distributed for a fiscal year under sub24 section (a)(4) for the provision specified in subsection 

25 (a)(4) shall— 


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1 (1) remain available until used for obligation of 

2 funds for that provision; and 

3 (2) be in addition to the amount of any limita4 tion imposed on obligations for Federal-aid highway 

5 and highway safety construction programs for future 

6 fiscal years. 

7 (g) HIGH PRIORITY PROJECT FLEXIBILITY.— 

8 (1) IN GENERAL.—Subject to paragraph (2), 

9 obligation authority distributed for such fiscal year 

10 under subsection (a)(4) for each project numbered 1 

11 through 3676 listed in the table contained in section 

12 1702 of the Safe, Accountable, Flexible, Efficient 

13 Transportation Equity Act: A Legacy for Users may 

14 be obligated for any other project in such section in 

15 the same State. 

16 (2) RESTORATION.—Obligation authority used 

17 as described in paragraph (1) shall be restored to 

18 the original purpose on the date on which obligation 

19 authority is distributed under this section for the 

20 next fiscal year following obligation under paragraph 

21 (1). 

22 (h) LIMITATION ON STATUTORY CONSTRUCTION.— 

23 Nothing in this section shall be construed to limit the dis24 tribution of obligation authority under subsection 

25 (a)(4)(A) for each of the individual projects numbered 


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1 greater than 3676 listed in the table contained in section 

2 1702 of the Safe, Accountable, Flexible, Efficient Trans3 portation Equity Act: A Legacy for Users. 

4 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re5 ceived by the Bureau of Transportation Statistics from the 

6 sale of data products, for necessary expenses incurred pur7 suant to 49 U.S.C. 111 may be credited to the Federal8 aid highways account for the purpose of reimbursing the 

9 Bureau for such expenses: Provided, That such funds shall 

10 be subject to the obligation limitation for Federal-aid 

11 highways and highway safety construction. 

12 SEC. 122. Not less than 15 days prior to waiving, 

13 under his statutory authority, any Buy America require14 ment for Federal-aid highway projects, the Secretary of 

15 Transportation shall make an informal public notice and 

16 comment opportunity on the intent to issue such waiver 

17 and the reasons therefor: Provided, That the Secretary 

18 shall provide an annual report to the Appropriations Com19 mittees of the Congress on any waivers granted under the 

20 Buy America requirements. 

21 SEC. 123. (a) IN GENERAL.—Except as provided in 

22 subsection (b), none of the funds made available, limited, 

23 or otherwise affected by this Act shall be used to approve 

24 or otherwise authorize the imposition of any toll on any 


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1 segment of highway located on the Federal-aid system in 

2 the State of Texas that— 

3 (1) as of the date of enactment of this Act, is not 

4 tolled; 

5 (2) is constructed with Federal assistance provided 

6 under title 23, United States Code; and 

7 (3) is in actual operation as of the date of enactment 

8 of this Act. 

9 (b) EXCEPTIONS.— 

10 (1) NUMBER OF TOLL LANES.—Subsection (a) shall 

11 not apply to any segment of highway on the Federal-aid 

12 system described in that subsection that, as of the date 

13 on which a toll is imposed on the segment, will have the 

14 same number of non-toll lanes as were in existence prior 

15 to that date. 

16 (2) HIGH-OCCUPANCY VEHICLE LANES.—A high-oc17 cupancy vehicle lane that is converted to a toll lane shall 

18 not be subject to this section, and shall not be considered 

19 to be a non-toll lane for purposes of determining whether 

20 a highway will have fewer non-toll lanes than prior to the 

21 date of imposition of the toll, if— 

22 (A) high-occupancy vehicles occupied by the 

23 number of passengers specified by the entity oper24 ating the toll lane may use the toll lane without pay25 ing a toll, unless otherwise specified by the approVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 priate county, town, municipal or other local govern2 ment entity, or public toll road or transit authority; 

3 or 

4 (B) each high-occupancy vehicle lane that was 

5 converted to a toll lane was constructed as a tem6 porary lane to be replaced by a toll lane under a 

7 plan approved by the appropriate county, town, mu8 nicipal or other local government entity, or public 

9 toll road or transit authority. 

10 SEC. 124. Notwithstanding any other provision of 

11 law, whenever an apportionment is made of the sums au12 thorized to be appropriated for the Surface Transportation 

13 Program, the Congestion Mitigation and Air Quality Im14 provement Program, the National Highway System Pro15 gram, the Interstate Maintenance Program, and the High16 way Bridge Program, the Secretary of Transportation 

17 shall deduct a sum in such amount not to exceed a total 

18 of $200,000,000 of all sums so authorized: Provided, That 

19 of the amount so deducted in accordance with this section 

20 shall be made available for the Federal Highway Adminis21 tration Livable Communities Program: Provided further, 

22 That the Federal share payable on account of any pro23 gram, project, or activity carried out with funds made 

24 available under this section shall be determined in accord25 ance with 23 U.S.C. 120: Provided further, That the AdVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 ministrator of the Federal Highway Administration may 

2 retain up to one percent of the funds provided under this 

3 section for administrative expenses: Provided further, That 

4 the sum deducted in accordance with this section shall re5 main available until expended: Provided further, That all 

6 funds made available under this section shall be subject 

7 to any limitation on obligations for Federal-aid highways 

8 programs set forth in this Act or any other Act: Provided 

9 further, That the obligation limitation made available for 

10 the programs, projects, and activities for which funds are 

11 made available under this section shall remain available 

12 until used and shall be in addition to the amount of any 

13 limitation imposed on obligations for Federal-aid highway 

14 and highway safety construction programs for future fiscal 

15 years: Provided further, That in apportioning funds for fis16 cal year 2011 for the equity bonus program under Section 

17 105 of title 23, United States Code, the Secretary shall 

18 make any calculations required to be made under that sec19 tion as if this provision had not been enacted. 

20 SEC. 125. (a) In the explanatory statement ref21 erenced in section 186 of title I of division A of Public 

22 Law 111–117 (123 Stat. 3070), the item relating to 

23 ‘‘Chalk Bluff Road, Clay County, AR’’ in the table of 

24 projects under the heading ‘‘Delta Region Transportation 

25 Development Program’’ is deemed to be amended by strikVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 ing ‘‘Chalk Bluff Road, Clay County, AR’’ and inserting 

2 ‘‘Cabot North Interchange, AR’’. 

3 (b) In the explanatory statement referenced in section 

4 186 of title I of division A of Public Law 111–117 (123 

5 Stat. 3070), the item relating to ‘‘I-480/Tiedeman Road 

6 Interchange Modification, OH’’ in the table of projects 

7 under the heading ‘‘Interstate Maintenance Discre8 tionary’’ is deemed to be amended by striking ‘‘I-480/ 

9 Tiedeman Road Interchange Modification, OH’’ and in10 serting ‘‘Construction and upgrades at four grade cross11 ings in Olmsted Falls, OH’’. 

12 (c) Funds made available for ‘‘Construction of the I13 278 Environmental Shield, Queens, NY’’ under the head14 ing ‘‘Surface transportation priorities’’ in title I of division 

15 A of Public Law 111–117 (123 Stat. 3044) shall be made 

16 available for ‘‘Reconstruction and reconfiguration of the 

17 northbound off-ramp from Interstate 95 to Bartow/ 

18 Baychester Avenue, Bronx, NY’’. 

19 (d) In the explanatory statement referenced in section 

20 186 of title I of division I of Public Law 111–8 (123 Stat. 

21 947), the item relating to ‘‘Newton County Rails to Trails 

22 By-Pass Tunnel, GA’’ in the table of projects under the 

23 heading ‘‘Transportation, Community, and System Pres24 ervation Program’’ is deemed to be amended by striking 

25 ‘‘Newton County Rails to Trails By-Pass Tunnel, GA’’ 


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1 and inserting ‘‘Newton County Eastside High School to 

2 County Library Trail, GA’’. 

3 SEC. 126. The table contained in section 1702 of the 

4 Safe, Accountable, Flexible, Efficient Transportation Eq5 uity Act: A Legacy for Users (119 Stat. 1256) is amend6 ed— 

7 (a) in item number 1366, by striking the project de8 scription and inserting ‘‘Road and bridge improvements 

9 and storm water mitigation in the Town of Southampton’’; 

10 and 

11 (b) in item number 2252 by striking the project de12 scription and inserting ‘‘Operational safety studies, final 

13 design and/or construction of intersection operational and 

14 safety improvements for USH 53 between Rice Lake and 

15 Superior, Wisconsin’’. 

16 SEC. 127. The table contained in section 1602 of the 

17 Transportation Equity Act for the 21st Century (112 

18 Stat. 257) is amended— 

19 (a) in item number 414 by striking the project de20 scription and inserting ‘‘Engineering, design and construc21 tion of the North Street, Pittsfield, streetscaping project’’; 

22 and 

23 (b) in item number 815 by striking the project de24 scription and inserting ‘‘ Highway 10 relocation, City of 

25 Wadena’’. 


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1 SEC. 128. Of the unobligated balances made available 

2 under Public Law 101–516, Public Law 102–143, Public 

3 Law 103–331, and Public Law 106–346, $33,905,809 are 

4 rescinded: Provided,That in administering the rescission 

5 required under this section, the Secretary of Transpor6 tation shall first consider: (1) projects where the des7 ignated purpose has been completed and the remaining 

8 funds are no longer needed to meet that purpose; and (2) 

9 projects with more than 90 percent of the appropriated 

10 amount remaining available for obligation. 

11 SEC. 129. Of the amounts made available for ‘‘High12 way Related Safety Grants’’ by section 402 of title 23, 

13 United States Code, and administered by the Federal 

14 Highway Administration, $3,651 in unobligated balances 

15 are rescinded. 

16 SEC. 130. Of the amounts made available under sec17 tion 104(a) of title 23, United States Code, $1,863,000 

18 are permanently rescinded. 

19 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

20 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (LIMITATION ON OBLIGATIONS)

23 (HIGHWAY TRUST FUND)

24 For payment of obligations incurred in the implemen25 tation, execution and administration of motor carrier safeVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 ty operations and programs pursuant to section 31104(i) 

2 of title 49, United States Code, and sections 4127 and 

3 4134 of Public Law 109–59, $259,878,000, to be derived 

4 from the Highway Trust Fund (other than the Mass Tran5 sit Account), together with advances and reimbursements 

6 received by the Federal Motor Carrier Safety Administra7 tion, the sum of which shall remain available until ex8 pended: Provided, That none of the funds derived from 

9 the Highway Trust Fund in this Act shall be available for 

10 the implementation, execution or administration of pro11 grams, the obligations for which are in excess of 

12 $259,878,000, for ‘‘Motor Carrier Safety Operations and 

13 Programs’’ of which $8,586,000, to remain available for 

14 obligation until September 30, 2013, is for the research 

15 and technology program and $1,000,000 shall be available 

16 for commercial motor vehicle operator’s grants to carry 

17 out section 4134 of Public Law 109–59: Provided further, 

18 That notwithstanding any other provision of law, none of 

19 the funds under this heading for outreach and education 

20 shall be available for transfer. 


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1 MOTOR CARRIER SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

6 sections 31102, 31104(a), 31106, 31107, 31109, 31309, 

7 31313 of title 49, United States Code, and sections 4126 

8 and 4128 of Public Law 109–59, $310,070,000, to be de9 rived from the Highway Trust Fund (other than the Mass 

10 Transit Account) and to remain available until expended: 

11 Provided, That none of the funds in this Act shall be avail12 able for the implementation or execution of programs, the 

13 obligations for which are in excess of $310,070,000, for 

14 ‘‘Motor Carrier Safety Grants’’; of which $215,070,000 

15 shall be available for the motor carrier safety assistance 

16 program to carry out sections 31102 and 31104(a) of title 

17 49, United States Code; $30,000,000 shall be available for 

18 the commercial driver’s license improvements program to 

19 carry out section 31313 of title 49, United States Code; 

20 $32,000,000 shall be available for the border enforcement 

21 grants program to carry out section 31107 of title 49, 

22 United States Code; $5,000,000 shall be available for the 

23 performance and registration information system manage24 ment program to carry out sections 31106(b) and 31109 

25 of title 49, United States Code; $25,000,000 shall be 


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1 available for the commercial vehicle information systems 

2 and networks deployment program to carry out section 

3 4126 of Public Law 109–59; and $3,000,000 shall be 

4 available for the safety data improvement program to 

5 carry out section 4128 of Public Law 109–59: Provided 

6 further, That of the funds made available for the motor 

7 carrier safety assistance program, $35,000,000 shall be 

8 available for audits of new entrant motor carriers. 

9 MOTOR CARRIER SAFETY

10 (HIGHWAY TRUST FUND)

11 (RESCISSION)

12 Of the amounts made available under this heading 

13 in prior appropriations Acts, $7,330,000 in unobligated 

14 balances are permanently rescinded. 

15 NATIONAL MOTOR CARRIER SAFETY PROGRAM

16 (HIGHWAY TRUST FUND)

17 (RESCISSION)

18 Of the amounts made available under this heading 

19 in prior appropriations Acts, $15,076,000 in unobligated 

20 balances are permanently rescinded. 

21 ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER

22 SAFETY ADMINISTRATION

23 SEC. 135. Funds appropriated or limited in this Act 

24 shall be subject to the terms and conditions stipulated in 

25 section 350 of Public Law 107–87 and section 6901 of 


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1 Public Law 110–28, including that the Secretary submit 

2 a report to the House and Senate Appropriations Commit3 tees annually on the safety and security of transportation 

4 into the United States by Mexico-domiciled motor carriers. 

5 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

6 OPERATIONS AND RESEARCH

7 For expenses necessary to discharge the functions of 

8 the Secretary, with respect to traffic and highway safety 

9 under subtitle C of title X of Public Law 109–59 and 

10 chapter 301 and part C of subtitle VI of title 49, United 

11 States Code, $148,127,000, of which $10,000,000 shall 

12 remain available through September 30, 2012: Provided, 

13 That none of the funds appropriated by this Act may be 

14 obligated or expended to plan, finalize, or implement any 

15 rulemaking to add to section 575.104 of title 49 of the 

16 Code of Federal Regulations any requirement pertaining 

17 to a grading standard that is different from the three 

18 grading standards (treadwear, traction, and temperature 

19 resistance) already in effect. 

20 OPERATIONS AND RESEARCH

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (LIMITATION ON OBLIGATIONS)

23 (HIGHWAY TRUST FUND)

24 For payment of obligations incurred in carrying out 

25 the provisions of 23 U.S.C. 403, $110,073,000 to be deVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 rived from the Highway Trust Fund (other than the Mass 

2 Transit Account) and to remain available until expended: 

3 Provided, That none of the funds in this Act shall be avail4 able for the planning or execution of programs the total 

5 obligations for which, in fiscal year 2011, are in excess 

6 of $110,073,000 for programs authorized under 23 U.S.C. 

7 403: Provided further, That within the $110,073,000 obli8 gation limitation for operations and research, $10,000,000 

9 shall remain available until September 30, 2012 and shall 

10 be in addition to the amount of any limitation imposed 

11 on obligations for future years. 

12 NATIONAL DRIVER REGISTER

13 (LIQUIDATION OF CONTRACT AUTHORIZATION)

14 (LIMITATION ON OBLIGATIONS)

15 (HIGHWAY TRUST FUND)

16 For payment of obligations incurred in carrying out 

17 chapter 303 of title 49, United States Code, $4,170,000, 

18 to be derived from the Highway Trust Fund (other than 

19 the Mass Transit Account) and to remain available until 

20 expended: Provided, That none of the funds in this Act 

21 shall be available for the implementation or execution of 

22 programs the total obligations for which, in fiscal year 

23 2011, are in excess of $4,170,000 for the National Driver 

24 Register authorized under such chapter. 


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1 NATIONAL DRIVER REGISTER MODERNIZATION

2 For an additional amount for the ‘‘National Driver 

3 Register’’as authorized by chapter 303 of title 49, United 

4 States Code, $2,530,000, to remain available through Sep5 tember 30, 2012: Provided, That the funding made avail6 able under this heading shall be used to continue the mod7 ernization of the National Driver Register. 

8 HIGHWAY TRAFFIC SAFETY GRANTS

9 (LIQUIDATION OF CONTRACT AUTHORIZATION)

10 (LIMITATION ON OBLIGATIONS)

11 (HIGHWAY TRUST FUND)

12 For payment of obligations incurred in carrying out 

13 the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 

14 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 

15 Law 109–59, to remain available until expended, 

16 $626,328,000 (reduced by $50,000,000) to be derived 

17 from the Highway Trust Fund (other than the Mass Tran18 sit Account): Provided, That none of the funds in this Act 

19 shall be available for the planning or execution of pro20 grams the total obligations for which, in fiscal year 2011, 

21 are in excess of $626,328,000 (reduced by $50,000,000) 

22 for programs authorized under 23 U.S.C. 402, 405, 406, 

23 408, and 410 and sections 2001(a)(11), 2009, 2010, and 

24 2011 of Public Law 109–59, of which $235,000,000 shall 

25 be for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402; 


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1 $25,000,000 shall be for ‘‘Occupant Protection Incentive 

2 Grants’’ under 23 U.S.C. 405; $124,500,000 (reduced by 

3 $50,000,000) shall be for ‘‘Safety Belt Performance 

4 Grants’’ under 23 U.S.C. 406, and such obligation limita5 tion shall remain available until September 30, 2012 in 

6 accordance with subsection (f) of such section 406 and 

7 shall be in addition to the amount of any limitation im8 posed on obligations for such grants for future fiscal 

9 years, of which up to $50,000,000 may be made available 

10 by the Secretary as grants to States that enact and en11 force laws to prevent distracted driving; $34,500,000 shall 

12 be for ‘‘State Traffic Safety Information System Improve13 ments’’ under 23 U.S.C. 408; $139,000,000 shall be for 

14 ‘‘Alcohol-Impaired Driving Countermeasures Incentive 

15 Grant Program’’ under 23 U.S.C. 410; $25,328,000 shall 

16 be for ‘‘Administrative Expenses’’ under section 

17 2001(a)(11) of Public Law 109–59; $29,000,000 shall be 

18 for ‘‘High Visibility Enforcement Program’’ under section 

19 2009 of Public Law 109–59; $7,000,000 shall be for ‘‘Mo20 torcyclist Safety’’ under section 2010 of Public Law 109– 

21 59; and $7,000,000 shall be for ‘‘Child Safety and Child 

22 Booster Seat Safety Incentive Grants’’ under section 2011 

23 of Public Law 109–59: Provided further, That of the funds 

24 made available for grants to States that enact and enforce 

25 laws to prevent distracted driving, up to $5,000,000 may 


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1 be available for the development, production, and use of 

2 broadcast and print media advertising for distracted driv3 ing prevention: Provided further, That none of these funds 

4 shall be used for construction, rehabilitation, or remod5 eling costs, or for office furnishings and fixtures for State, 

6 local or private buildings or structures: Provided further, 

7 That not to exceed $500,000 of the funds made available 

8 for section 410 ‘‘Alcohol-Impaired Driving Counter9 measures Grants’’ shall be available for technical assist10 ance to the States: Provided further, That not to exceed 

11 $750,000 of the funds made available for the ‘‘High Visi12 bility Enforcement Program’’ shall be available for the 

13 evaluation required under section 2009(f) of Public Law 

14 109–59. 

15 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

16 TRAFFIC SAFETY ADMINISTRATION

17 (INCLUDING RESCISSION)

18 SEC. 140. Notwithstanding any other provision of law 

19 or limitation on the use of funds made available under 

20 section 403 of title 23, United States Code, an additional 

21 $130,000 shall be made available to the National Highway 

22 Traffic Safety Administration, out of the amount limited 

23 for section 402 of title 23, United States Code, to pay 

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1 views and to pay for core competency development train2 ing and related expenses for highway safety staff. 

3 SEC. 141. The limitations on obligations for the pro4 grams of the National Highway Traffic Safety Adminis5 tration set in this Act shall not apply to obligations for 

6 which obligation authority was made available in previous 

7 public laws for multiple years but only to the extent that 

8 the obligation authority has not lapsed or been used. 

9 SEC. 142. Of the amounts made available under the 

10 heading ‘‘Highway Traffic Safety Grants (Liquidation of 

11 Contract Authorization) (Limitation on Obligations) 

12 (Highway Trust Fund)’’ in prior appropriations Acts, 

13 $7,907,000 in unobligated balances are permanently re14 scinded. 

15 FEDERAL RAILROAD ADMINISTRATION

16 SAFETY AND OPERATIONS

17 For necessary expenses of the Federal Railroad Ad18 ministration, not otherwise provided for, $203,348,000, of 

19 which $5,492,000 shall remain available until expended. 

20 RAILROAD RESEARCH AND DEVELOPMENT

21 For necessary expenses for railroad research and de22 velopment, $40,000,000, to remain available until ex23 pended. 


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1 RAILROAD SAFETY TECHNOLOGY PROGRAM

2 For necessary expenses of carrying out section 20158 

3 of title 49, United States Code, $75,000,000, to remain 

4 available until expended: Provided, That to be eligible for 

5 assistance under this heading, an entity need not have de6 veloped plans required under subsection 20156(e)(2) of 

7 title 49, United States Code, and section 20157 of such 

8 title. 

9 RAILROAD REHABILITATION AND IMPROVEMENT

10 FINANCING PROGRAM

11 The Secretary of Transportation is authorized to 

12 issue to the Secretary of the Treasury notes or other obli13 gations pursuant to section 512 of the Railroad Revitaliza14 tion and Regulatory Reform Act of 1976 (Public Law 94– 

15 210), as amended, in such amounts and at such times as 

16 may be necessary to pay any amounts required pursuant 

17 to the guarantee of the principal amount of obligations 

18 under sections 511 through 513 of such Act, such author19 ity to exist as long as any such guaranteed obligation is 

20 outstanding: Provided, That pursuant to section 502 of 

21 such Act, as amended, no new direct loans or loan guar22 antee commitments shall be made using Federal funds for 

23 the credit risk premium during fiscal year 2011. 


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1 CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS

2 AND INTERCITY PASSENGER RAIL SERVICE

3 To enable the Secretary of Transportation to make 

4 grants for high-speed rail projects as authorized under 

5 section 26106 of title 49, United States Code, capital in6 vestment grants to support intercity passenger rail service 

7 as authorized under section 24406 of title 49, United 

8 States Code, and congestion grants as authorized under 

9 section 24105 of title 49, United States Code, and to enter 

10 into cooperative agreements for these purposes as author11 ized, $1,400,000,000, to remain available until expended: 

12 Provided, That up to $50,000,000 of funds provided under 

13 this paragraph are available to the Administrator of the 

14 Federal Railroad Administration to fund the award and 

15 oversight by the Administrator of grants and cooperative 

16 agreements for intercity and high-speed rail: Provided fur17 ther, That up to $30,000,000 of the funds provided under 

18 this paragraph are available to the Administrator for the 

19 purposes of conducting research and demonstrating tech20 nologies supporting the development of high-speed rail in 

21 the United States, including the demonstration of next22 generation rolling stock fleet technology and the imple23 mentation of the Rail Cooperative Research Program au24 thorized by section 24910 of title 49, United States Code: 

25 Provided further, That up to $50,000,000 of the funds 


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1 provided under this paragraph may be used for planning 

2 activities that lead directly to the development of a pas3 senger rail corridor investment plan consistent with the 

4 requirements established by the Administrator or a state 

5 rail plan consistent with chapter 227 of title 49, United 

6 States Code: Provided further, That the Secretary may re7 tain a portion of the funds made available for planning 

8 activities under the previous proviso to facilitate the prep9 aration of a service development plan and related environ10 mental impact statement for high-speed corridors located 

11 in multiple States: Provided further, That the Secretary 

12 shall issue interim guidance to applicants covering applica13 tion procedures and administer the grants provided under 

14 this heading pursuant to that guidance until final regula15 tions are issued: Provided further, That not less than 85 

16 percent of the funds provided under this heading shall be 

17 for cooperative agreements that lead to the development 

18 of entire segments or phases of intercity or high-speed rail 

19 corridors: Provided further, That at least 30 days prior 

20 to issuing a letter of intent or cooperative agreement pur21 suant to Section 24402(f) of title 49, United States Code, 

22 for a major corridor development program, the Secretary 

23 shall provide to the House and Senate Committees on Ap24 propriations written notification consisting of a business 

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1 gram which shall include: a comprehensive analysis of the 

2 monetary and non-monetary costs and benefits of the cor3 ridor development program; an assessment of ridership, 

4 passenger travel time reductions, congestion relief bene5 fits, environmental benefits, economic benefits, and other 

6 public benefits; operating financial forecasts for the pro7 gram; a full capital cost estimation for the entire project, 

8 including the amount, source and security of non-Federal 

9 funds to complete the project; a summary of the grants 

10 management plan and an evaluation of the grantee’s abil11 ity to sustain the project: Provided further, That the Fed12 eral share payable of the costs for which a grant or cooper13 ative agreements is made under this heading shall not ex14 ceed 80 percent: Provided further, That in addition to the 

15 provisions of title 49, United States Code, that apply to 

16 each of the individual programs funded under this head17 ing, subsections 24402(a)(2), 24402(f), 24402(i), and 

18 24403(a) and (c) of title 49, United States Code, shall 

19 also apply to the provision of funds provided under this 

20 heading: Provided further, That a project need not be in 

21 a State rail plan developed under Chapter 227 of title 49, 

22 United States Code, to be eligible for assistance under this 

23 heading: Provided further, That recipients of grants under 

24 this paragraph shall conduct all procurement transactions 

25 using such grant funds in a manner that provides full and 


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1 open competition, as determined by the Secretary, in com2 pliance with existing labor agreements. 

3 OPERATING GRANTS TO THE NATIONAL RAILROAD

4 PASSENGER CORPORATION

5 To enable the Secretary of Transportation to make 

6 quarterly grants to the National Railroad Passenger Cor7 poration for the operation of intercity passenger rail, as 

8 authorized by section 101 of the Passenger Rail Invest9 ment and Improvement Act of 2008 (division B of Public 

10 Law 110–432), $563,000,000, to remain available until 

11 expended: Provided, That each grant request shall be ac12 companied by a detailed financial analysis, revenue projec13 tion, and capital expenditure projection justifying the Fed14 eral support to the Secretary’s satisfaction: Provided fur15 ther, That concurrent with the President’s budget request 

16 for fiscal year 2012, the Corporation shall submit to the 

17 House and Senate Committees on Appropriations a budget 

18 request for fiscal year 2012 in similar format and sub19 stance to those submitted by executive agencies of the 

20 Federal Government. 

21 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

22 RAILROAD PASSENGER CORPORATION

23 To enable the Secretary of Transportation to make 

24 grants to the National Railroad Passenger Corporation for 

25 capital investments as authorized by section 101(c) and 


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1 219(b) of the Passenger Rail Investment and Improve2 ment Act of 2008 (division B of Public Law 110–432), 

3 $1,203,500,000 to remain available until expended, of 

4 which not to exceed $305,000,000 shall be for debt service 

5 obligations as authorized by section 102 of such Act: Pro6 vided, That after an initial distribution of up to 

7 $200,000,000 which shall be used by the Corporation as 

8 a working capital account, all remaining funds shall be 

9 provided to the Corporation only on a reimbursable basis: 

10 Provided further, That the Secretary may retain up to one11 half of 1 percent of the funds provided under this heading 

12 to fund the costs of project management oversight of cap13 ital projects funded by grants provided under this heading, 

14 as authorized by subsection 101(d) of division B of Public 

15 Law 110–432: Provided further, That the Secretary shall 

16 approve funding for capital expenditures, including ad17 vance purchase orders of materials, for the Corporation 

18 only after receiving and reviewing a grant request for each 

19 specific capital project justifying the Federal support to 

20 the Secretary’s satisfaction: Provided further, That none 

21 of the funds under this heading may be used to subsidize 

22 operating losses of the Corporation: Provided further, That 

23 none of the funds under this heading may be used for cap24 ital projects not approved by the Secretary of Transpor25 tation or on the Corporation’s fiscal year 2010 business 


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1 plan: Provided further, That in addition to the project 

2 management oversight funds authorized under section 

3 101(d) of division B of Public Law 110–432, the Sec4 retary may retain up to an additional one-half of one per5 cent of the funds provided under this heading to fund ex6 penses associated with implementing section 212 of divi7 sion B of Public Law 110–432, including the amendments 

8 made by section 212 to section 24905 of title 49, United 

9 States Code, and other mandates of Division B of Public 

10 Law 110–432. 

11 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

12 ADMINISTRATION

13 SEC. 150. Hereafter, notwithstanding any other pro14 vision of law, funds provided in this Act for the National 

15 Railroad Passenger Corporation shall immediately cease 

16 to be available to said Corporation in the event that the 

17 Corporation contracts to have services provided at or from 

18 any location outside the United States. For purposes of 

19 this section, the word ‘‘services’’ shall mean any service 

20 that was, as of July 1, 2006, performed by a full-time 

21 or part-time Amtrak employee whose base of employment 

22 is located within the United States. 

23 SEC. 151. The Secretary of Transportation may re24 ceive and expend cash, or receive and utilize spare parts 

25 and similar items, from non-United States Government 


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1 sources to repair damages to or replace United States 

2 Government owned automated track inspection cars and 

3 equipment as a result of third party liability for such dam4 ages, and any amounts collected under this section shall 

5 be credited directly to the Safety and Operations account 

6 of the Federal Railroad Administration, and shall remain 

7 available until expended for the repair, operation and 

8 maintenance of automated track inspection cars and 

9 equipment in connection with the automated track inspec10 tion program. 

11 FEDERAL TRANSIT ADMINISTRATION

12 ADMINISTRATIVE EXPENSES

13 For necessary administrative expenses of the Federal 

14 Transit Administration’s programs authorized by chapter 

15 53 of title 49, United States Code, $106,559,000: Pro16 vided, That for an additional amount to carry out public 

17 transportation fixed guideway safety oversight activities, 

18 $24,139,000, if legislation authorizing such activities is 

19 enacted into law prior to September 30, 2011: Provided 

20 further, That of the funds available under this heading, 

21 not to exceed $2,200,000 shall be available for travel: Pro22 vided further, That none of the funds provided or limited 

23 in this Act may be used to create a permanent office of 

24 transit security under this heading: Provided further, That 

25 upon submission to the Congress of the fiscal year 2012 


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1 President’s budget, the Secretary of Transportation shall 

2 transmit to Congress the annual report on new starts, in3 cluding proposed allocations of funds for fiscal year 2012. 

4 FORMULA AND BUS GRANTS

5 (LIQUIDATION OF CONTRACT AUTHORITY)

6 (LIMITATION ON OBLIGATIONS)

7 (HIGHWAY TRUST FUND)

8 For payment of obligations incurred in carrying out 

9 the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 

10 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and 

11 section 3038 of Public Law 105–178, as amended, 

12 $9,200,000,000 to be derived from the Mass Transit Ac13 count of the Highway Trust Fund and to remain available 

14 until expended: Provided, That funds available for the im15 plementation or execution of programs authorized under 

16 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 

17 5317, 5320, 5335, 5339, and 5340 and section 3038 of 

18 Public Law 105–178, as amended, shall not exceed total 

19 obligations of $8,961,348,000 in fiscal year 2011: Pro20 vided further, That of the amounts made available under 

21 this heading, $250,000,000 shall be available for the Sec22 retary of Transportation to make grants for the operating 

23 costs of equipment and facilities for use in public transpor24 tation, if legislation authorizing such activities is enacted 

25 into law prior to September 30, 2011: Provided further, 


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1 That eligible recipients under the previous proviso shall 

2 include States and designated recipients that receive fund3 ing under sections 5307 and 5311 of title 49, United 

4 States Code. 

5 RESEARCH AND UNIVERSITY RESEARCH CENTERS

6 For necessary expenses to carry out 49 U.S.C. 5306, 

7 5312–5315, 5322, and 5506, $65,376,000, to remain 

8 available until expended: Provided, That $10,000,000 is 

9 available to carry out the transit cooperative research pro10 gram under section 5313 of title 49, United States Code, 

11 $4,300,000 is available for the National Transit Institute 

12 under section 5315 of title 49, United States Code, and 

13 $7,000,000 is available for university transportation cen14 ters program under section 5506 of title 49, United States 

15 Code: Provided further, That $44,076,000 is available to 

16 carry out national research programs under sections 5312, 

17 5313, 5314, and 5322 of title 49, United States Code. 

18 CAPITAL INVESTMENT GRANTS

19 For necessary expenses to carry out section 5309 of 

20 title 49, United States Code, $2,000,000,000, to remain 

21 available until expended. 

22 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

23 For grants to the Washington Metropolitan Area 

24 Transit Authority as authorized under section 601 of divi25 sion B of Public Law 110–432, $150,000,000, to remain 


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1 available until expended: Provided, That the Secretary 

2 shall approve grants for capital and preventive mainte3 nance expenditures for the Washington Metropolitan Area 

4 Transit Authority only after receiving and reviewing a re5 quest for each specific project: Provided further, That 

6 prior to approving such grants, the Secretary shall deter7 mine that the Washington Metropolitan Area Transit Au8 thority has placed the highest priority on those invest9 ments that will improve the safety of the system. 

10 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

11 ADMINISTRATION

12 SEC. 160. The limitations on obligations for the pro13 grams of the Federal Transit Administration shall not 

14 apply to any authority under 49 U.S.C. 5338, previously 

15 made available for obligation, or to any other authority 

16 previously made available for obligation. 

17 SEC. 161. Notwithstanding any other provision of 

18 law, funds appropriated or limited by this Act under ‘‘Fed19 eral Transit Administration, Capital Investment Grants’’ 

20 and for bus and bus facilities under ‘‘Federal Transit Ad21 ministration, Formula and Bus Grants’’ for projects speci22 fied in this Act or identified in reports accompanying this 

23 Act not obligated by September 30, 2013, and other recov24 eries, shall be directed to projects eligible to use the funds 

25 for the purposes for which they were originally provided. 


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1 SEC. 162. Notwithstanding any other provision of 

2 law, any funds appropriated before October 1, 2010, under 

3 any section of chapter 53 of title 49, United States Code, 

4 that remain available for expenditure, may be transferred 

5 to and administered under the most recent appropriation 

6 heading for any such section. 

7 SEC. 163. Notwithstanding any other provision of 

8 law, unobligated funds made available for new fixed guide9 way system projects under the heading ‘‘Federal Transit 

10 Administration, Capital investment grants’’ in any appro11 priations Act prior to this Act may be used during this 

12 fiscal year to satisfy expenses incurred for such projects. 

13 SEC. 164. Notwithstanding any other provision of 

14 law, unobligated funds or recoveries under section 5309 

15 of title 49, United States Code, that are available to the 

16 Secretary of Transportation for reallocation shall be di17 rected to projects eligible to use the funds for the purposes 

18 for which they were originally provided. 

19 SAINT LAWRENCE SEAWAY DEVELOPMENT

20 CORPORATION

21 The Saint Lawrence Seaway Development Corpora22 tion is hereby authorized to make such expenditures, with23 in the limits of funds and borrowing authority available 

24 to the Corporation, and in accord with law, and to make 

25 such contracts and commitments without regard to fiscal 


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1 year limitations as provided by section 104 of the Govern2 ment Corporation Control Act, as amended, as may be 

3 necessary in carrying out the programs set forth in the 

4 Corporation’s budget for the current fiscal year. 

5 OPERATIONS AND MAINTENANCE

6 (HARBOR MAINTENANCE TRUST FUND)

7 For necessary expenses for operations, maintenance, 

8 and capital asset renewal of those portions of the Saint 

9 Lawrence Seaway owned, operated, and maintained by the 

10 Saint Lawrence Seaway Development Corporation, 

11 $33,868,000, to be derived from the Harbor Maintenance 

12 Trust Fund, pursuant to Public Law 99–662. 

13 MARITIME ADMINISTRATION

14 MARITIME SECURITY PROGRAM

15 For necessary expenses to maintain and preserve a 

16 U.S.-flag merchant fleet to serve the national security 

17 needs of the United States, $174,000,000, to remain avail18 able until expended. 

19 OPERATIONS AND TRAINING

20 For necessary expenses of operations and training ac21 tivities authorized by law, $169,353,000, of which 

22 $11,240,000 shall remain available until expended for 

23 maintenance and repair of training ships at State Mari24 time Academies, and of which $30,900,000 shall remain 

25 available until expended for capital improvements at the 


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1 United States Merchant Marine Academy, and of which 

2 $63,120,000 shall be available for operations at the 

3 United States Merchant Marine Academy, and of which 

4 $6,000,000 shall be available until expended for the Sec5 retary’s reimbursement of overcharged midshipmen fees: 

6 Provided, That the Secretary, through such structure and 

7 administration as the Secretary establishes, shall reim8 burse current and former midshipmen of United States 

9 Merchant Marine Academy in such amounts as the Sec10 retary determines, in his sole discretion, to be appropriate 

11 to address claims regarding the overcharging of mid12 shipman fees, pertaining first to academic years 2003/ 

13 2004 through 2008/2009, and then pertaining to earlier 

14 academic years to the extent that the Secretary determines 

15 to be appropriate and subject to the amounts specifically 

16 appropriated herein for such reimbursements: Provided 

17 further, That amounts apportioned for the United States 

18 Merchant Marine Academy shall be available only upon 

19 allotments made personally by the Secretary of Transpor20 tation or the Assistant Secretary for Budget and Pro21 grams: Provided further, That the Superintendent, Deputy 

22 Superintendent and the Director of the Office of Resource 

23 Management of the United States Merchant Marine Acad24 emy may not be allotment holders for the United States 

25 Merchant Marine Academy, and the Administrator of 


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1 Maritime Administration shall hold all allotments made by 

2 the Secretary of Transportation or the Assistant Secretary 

3 for Budget and Programs under the previous proviso: Pro4 vided further, That 50 percent of the funding made avail5 able for the United States Merchant Marine Academy 

6 under this heading shall be available only after the Sec7 retary, in consultation with the Superintendent and the 

8 Maritime Administration, completes a plan detailing by 

9 program or activity and by object class how such funding 

10 will be expended at the Academy, and this plan is sub11 mitted to the House and Senate Committees on Appro12 priations. 

13 SHIP DISPOSAL

14 For necessary expenses related to the disposal of ob15 solete vessels in the National Defense Reserve Fleet of the 

16 Maritime Administration, $10,000,000, to remain avail17 able until expended. 

18 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

19 ACCOUNT

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary administrative expenses of the mari22 time guaranteed loan program, $3,688,000 shall be paid 

23 to the appropriation for ‘‘Operations and Training’’, Mari24 time Administration. 


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1 ADMINISTRATIVE PROVISIONS—MARITIME

2 ADMINISTRATION

3 SEC. 170. Notwithstanding any other provision of 

4 this Act, the Maritime Administration is authorized to fur5 nish utilities and services and make necessary repairs in 

6 connection with any lease, contract, or occupancy involving 

7 Government property under control of the Maritime Ad8 ministration, and payments received therefor shall be cred9 ited to the appropriation charged with the cost thereof: 

10 Provided, That rental payments under any such lease, con11 tract, or occupancy for items other than such utilities, 

12 services, or repairs shall be covered into the Treasury as 

13 miscellaneous receipts. 

14 PIPELINE AND HAZARDOUS MATERIALS SAFETY

15 ADMINISTRATION

16 OPERATIONAL EXPENSES

17 (PIPELINE SAFETY FUND)

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary operational expenses of the Pipeline 

20 and Hazardous Materials Safety Administration, 

21 $22,383,000, of which $639,000 shall be derived from the 

22 Pipeline Safety Fund: Provided, That $1,000,000 shall be 

23 transferred to ‘‘Pipeline Safety’’ in order to fund ‘‘Pipeline 

24 Safety Information Grants to Communities’’ as authorized 

25 under section 60130 of title 49, United States Code. 


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1 HAZARDOUS MATERIALS SAFETY

2 For expenses necessary to discharge the hazardous 

3 materials safety functions of the Pipeline and Hazardous 

4 Materials Safety Administration, $40,434,000, of which 

5 $1,707,000 shall remain available until September 30, 

6 2013: Provided, That up to $800,000 in fees collected 

7 under 49 U.S.C. 5108(g) shall be deposited in the general 

8 fund of the Treasury as offsetting receipts: Provided fur9 ther, That there may be credited to this appropriation, to 

10 be available until expended, funds received from States, 

11 counties, municipalities, other public authorities, and pri12 vate sources for expenses incurred for training, for reports 

13 publication and dissemination, and for travel expenses in14 curred in performance of hazardous materials exemptions 

15 and approvals functions. 

16 PIPELINE SAFETY

17 (PIPELINE SAFETY FUND)

18 (OIL SPILL LIABILITY TRUST FUND)

19 For expenses necessary to conduct the functions of 

20 the pipeline safety program, for grants-in-aid to carry out 

21 a pipeline safety program, as authorized by 49 U.S.C. 

22 60107, and to discharge the pipeline program responsibil23 ities of the Oil Pollution Act of 1990, $111,111,000, of 

24 which $18,905,000 shall be derived from the Oil Spill Li25 ability Trust Fund and shall remain available until SepVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 tember 30, 2013; and of which $92,206,000 shall be de2 rived from the Pipeline Safety Fund, of which 

3 $51,206,000 shall remain available until September 30, 

4 2013: Provided, That not less than $1,053,000 of the 

5 funds provided under this heading shall be for the one6 call State grant program. 

7 EMERGENCY PREPAREDNESS GRANTS

8 (EMERGENCY PREPAREDNESS FUND)

9 For necessary expenses to carry out 49 U.S.C. 

10 5128(b), $188,000, to be derived from the Emergency 

11 Preparedness Fund, to remain available until September 

12 30, 2012: Provided, That not more than $28,318,000 shall 

13 be made available for obligation in fiscal year 2011 from 

14 amounts made available by 49 U.S.C. 5116(i) and 

15 5128(b)-(c): Provided further, That none of the funds 

16 made available by 49 U.S.C. 5116(i), 5128(b), or 5128(c) 

17 shall be made available for obligation by individuals other 

18 than the Secretary of Transportation, or his designee. 

19 RESEARCH AND INNOVATIVE TECHNOLOGY

20 ADMINISTRATION

21 RESEARCH AND DEVELOPMENT

22 For necessary expenses of the Research and Innova23 tive Technology Administration, $18,900,000, of which 

24 $11,765,000 shall remain available until September 30, 

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1 priation, to be available until expended, funds received 

2 from States, counties, municipalities, other public authori3 ties, and private sources for expenses incurred for train4 ing. 

5 OFFICE OF INSPECTOR GENERAL

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of Inspector 

8 General to carry out the provisions of the Inspector Gen9 eral Act of 1978, as amended, $86,406,000, of which 

10 $285,000 shall be derived from the Highway Trust Fund 

11 (other than the Mass Transit Account) for costs associ12 ated with the annual audits of the Highway Trust Fund 

13 financial statements in accordance with section 104(i) of 

14 title 23, United States Code, and section 3521 of title 31, 

15 United States Code: Provided, That the Inspector General 

16 shall have all necessary authority, in carrying out the du17 ties specified in the Inspector General Act, as amended 

18 (5 U.S.C. App. 3), to investigate allegations of fraud, in19 cluding false statements to the government (18 U.S.C. 

20 1001), by any person or entity that is subject to regulation 

21 by the Department: Provided further, That the funds made 

22 available under this heading may be used to investigate, 

23 pursuant to section 41712 of title 49, United States Code: 

24 (1) unfair or deceptive practices and unfair methods of 

25 competition by domestic and foreign air carriers and ticket 


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1 agents; and (2) the compliance of domestic and foreign 

2 air carriers with respect to item (1) of this proviso. 

3 SURFACE TRANSPORTATION BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the Surface Transpor6 tation Board, including services authorized by 5 U.S.C. 

7 3109, $31,249,000: Provided, That notwithstanding any 

8 other provision of law, not to exceed $1,250,000 from fees 

9 established by the Chairman of the Surface Transpor10 tation Board shall be credited to this appropriation as off11 setting collections and used for necessary and authorized 

12 expenses under this heading: Provided further, That the 

13 sum herein appropriated from the general fund shall be 

14 reduced on a dollar-for-dollar basis as such offsetting col15 lections are received during fiscal year 2011, to result in 

16 a final appropriation from the general fund estimated at 

17 no more than $29,999,000. 

18 GENERAL PROVISIONS—DEPARTMENT OF

19 TRANSPORTATION

20 SEC. 180. During the current fiscal year applicable 

21 appropriations to the Department of Transportation shall 

22 be available for maintenance and operation of aircraft; 

23 hire of passenger motor vehicles and aircraft; purchase of 

24 liability insurance for motor vehicles operating in foreign 

25 countries on official department business; and uniforms or 


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1 allowances therefor, as authorized by law (5 U.S.C. 5901– 

2 5902). 

3 SEC. 181. Appropriations contained in this Act for 

4 the Department of Transportation shall be available for 

5 services as authorized by 5 U.S.C. 3109, but at rates for 

6 individuals not to exceed the per diem rate equivalent to 

7 the rate for an Executive Level IV. 

8 SEC. 182. None of the funds in this Act shall be avail9 able for salaries and expenses of more than 110 political 

10 and Presidential appointees in the Department of Trans11 portation: Provided, That none of the personnel covered 

12 by this provision may be assigned on temporary detail out13 side the Department of Transportation. 

14 SEC. 183. None of the funds in this Act shall be used 

15 to implement section 404 of title 23, United States Code. 

16 SEC. 184. (a) No recipient of funds made available 

17 in this Act shall disseminate personal information (as de18 fined in 18 U.S.C. 2725(3)) obtained by a State depart19 ment of motor vehicles in connection with a motor vehicle 

20 record as defined in 18 U.S.C. 2725(1), except as provided 

21 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 

22 2721. 

23 (b) Notwithstanding subsection (a), the Secretary 

24 shall not withhold funds provided in this Act for any 

25 grantee if a State is in noncompliance with this provision. 


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1 SEC. 185. Funds received by the Federal Highway 

2 Administration, Federal Transit Administration, and Fed3 eral Railroad Administration from States, counties, mu4 nicipalities, other public authorities, and private sources 

5 for expenses incurred for training may be credited respec6 tively to the Federal Highway Administration’s ‘‘Federal7 Aid Highways’’ account, the Federal Transit Administra8 tion’s ‘‘Research and University Research Centers’’ ac9 count, and to the Federal Railroad Administration’s 

10 ‘‘Safety and Operations’’ account, except for State rail 

11 safety inspectors participating in training pursuant to 49 

12 U.S.C. 20105. 

13 SEC. 186. Funds provided or limited in this Act 

14 under the appropriate accounts within the Federal High15 way Administration, the Federal Railroad Administration 

16 and the Federal Transit Administration shall be for the 

17 eligible programs, projects and activities in the cor18 responding amounts identified in the committee report ac19 companying this Act for ‘‘Ferry Boats and Ferry Ter20 minal Facilities’’, ‘‘Federal Lands’’, ‘‘Interstate Mainte21 nance Discretionary’’, ‘‘Transportation, Community and 

22 System Preservation Program’’, ‘‘Delta Region Transpor23 tation Development Program’’, ‘‘Rail Line Relocation and 

24 Improvement Program’’, ‘‘Rail-highway crossing hazard 


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1 eliminations’’, ‘‘Capital Investment Grants’’, ‘‘Alternatives 

2 analysis’ ’’’, and ‘‘Bus and bus facilities’’. 

3 SEC. 187. Notwithstanding any other provisions of 

4 law, rule or regulation, the Secretary of Transportation 

5 is authorized to allow the issuer of any preferred stock 

6 heretofore sold to the Department to redeem or repur7 chase such stock upon the payment to the Department of 

8 an amount determined by the Secretary. 

9 SEC. 188. None of the funds in this Act to the De10 partment of Transportation may be used to make a grant 

11 unless the Secretary of Transportation notifies the House 

12 and Senate Committees on Appropriations not less than 

13 3 full business days before any discretionary grant award, 

14 letter of intent, or full funding grant agreement totaling 

15 $1,000,000 or more is announced by the department or 

16 its modal administrations from: (1) any discretionary 

17 grant program of the Federal Highway Administration in18 cluding the emergency relief program; (2) the airport im19 provement program of the Federal Aviation Administra20 tion; (3) any grant from the Federal Railroad Administra21 tion; or (4) any program of the Federal Transit Adminis22 tration other than the formula grants and fixed guideway 

23 modernization programs: Provided, That the Secretary 

24 gives concurrent notification to the House and Senate 

25 Committees on Appropriations for any ‘‘quick release’’ of 


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1 funds from the emergency relief program: Provided fur2 ther, That no notification shall involve funds that are not 

3 available for obligation. 

4 SEC. 189. Rebates, refunds, incentive payments, 

5 minor fees and other funds received by the Department 

6 of Transportation from travel management centers, 

7 charge card programs, the subleasing of building space, 

8 and miscellaneous sources are to be credited to appropria9 tions of the Department of Transportation and allocated 

10 to elements of the Department of Transportation using 

11 fair and equitable criteria and such funds shall be avail12 able until expended. 

13 SEC. 190. Amounts made available in this or any 

14 other Act that the Secretary determines represent im15 proper payments by the Department of Transportation to 

16 a third-party contractor under a financial assistance 

17 award, which are recovered pursuant to law, shall be avail18 able— 

19 (1) to reimburse the actual expenses incurred 

20 by the Department of Transportation in recovering 

21 improper payments; and 

22 (2) to pay contractors for services provided in 

23 recovering improper payments or contractor support 

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1 formation Act of 2002: Provided, That amounts in 

2 excess of that required for paragraphs (1) and (2)— 

3 (A) shall be credited to and merged with 

4 the appropriation from which the improper pay5 ments were made, and shall be available for the 

6 purposes and period for which such appropria7 tions are available; or 

8 (B) if no such appropriation remains avail9 able, shall be deposited in the Treasury as mis10 cellaneous receipts: Provided further, That prior 

11 to the transfer of any such recovery to an ap12 propriations account, the Secretary shall notify 

13 to the House and Senate Committees on Appro14 priations of the amount and reasons for such 

15 transfer: Provided further, That for purposes of 

16 this section, the term ‘‘improper payments’’, 

17 has the same meaning as that provided in sec18 tion 2(d)(2) of Public Law 107–300. 

19 SEC. 191. Notwithstanding any other provision of 

20 law, if any funds provided in or limited by this Act are 

21 subject to a reprogramming action that requires notice to 

22 be provided to the House and Senate Committees on Ap23 propriations, said reprogramming action shall be approved 

24 or denied solely by the Committees on Appropriations: 

25 Provided, That the Secretary may provide notice to other 


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1 congressional committees of the action of the Committees 

2 on Appropriations on such reprogramming but not sooner 

3 than 30 days following the date on which the reprogram4 ming action has been approved or denied by the House 

5 and Senate Committees on Appropriations. 

6 SEC. 192. None of the funds appropriated or other7 wise made available under this Act may be used by the 

8 Surface Transportation Board of the Department of 

9 Transportation to charge or collect any filing fee for rate 

10 complaints filed with the Board in an amount in excess 

11 of the amount authorized for district court civil suit filing 

12 fees under section 1914 of title 28, United States Code. 

13 SEC. 193. Notwithstanding section 3324 of Title 31, 

14 United States Code, in addition to authority provided by 

15 section 327 of title 49, United States Code, the Depart16 ment’s Working Capital Fund is hereby authorized to pro17 vide payments in advance to vendors that are necessary 

18 to carry out the Federal transit pass transportation fringe 

19 benefit program under Executive Order No. 13150 and 

20 section 3049 of Public Law 109–59: Provided, that the 

21 Department shall include adequate safeguards in the con22 tract with the vendors to ensure timely and high quality 

23 performance under the contract. 

24 SEC. 194. For an additional amount for the ‘‘Salaries 

25 and Expenses’’account, $7,622,655, to increase the DeVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 partment’s acquisition workforce capacity and capabilities: 

2 Provided, That such funds may be transferred by the Sec3 retary to any other account in the Department to carry 

4 out the purposes provided herein: Provided further, That 

5 such transfer authority is in addition to any other transfer 

6 authority provided in this Act: Provided further, That such 

7 funds shall be available only to supplement and not to sup8 plant existing acquisition workforce activities: Provided 

9 further, That such funds shall be available for training, 

10 recruitment, retention, and hiring additional members of 

11 the acquisition workforce as defined by the Office of Fed12 eral Procurement Policy Act, as amended (41 U.S.C. 401 

13 et seq.): Provided further, That such funds shall be avail14 able for information technology in support of acquisition 

15 workforce effectiveness or for management solutions to 

16 improve acquisition management. 

17 This title may be cited as the ‘‘Department of Trans18 portation Appropriations Act, 2011’’. 

19 TITLE II 

20 DEPARTMENT OF HOUSING AND URBAN 

21 DEVELOPMENT 

22 MANAGEMENT AND ADMINISTRATION

23 EXECUTIVE DIRECTION

24 For necessary salaries and expenses for Executive Di25 rection, $30,265,000, of which not to exceed $7,674,000 


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1 shall be available for the immediate Office of the Secretary 

2 and Deputy Secretary; not to exceed $1,706,000 shall be 

3 available for the Office of Hearings and Appeals; not to 

4 exceed $719,000 shall be available for the Office of Small 

5 and Disadvantaged Business Utilization; not to exceed 

6 $999,000 shall be available for the immediate Office of 

7 the Chief Financial Officer; not to exceed $1,503,000 shall 

8 be available for the immediate Office of the General Coun9 sel; not to exceed $2,709,000 shall be available to the Of10 fice of the Assistant Secretary for Congressional and 

11 Intergovernmental Relations; not to exceed $4,861,000 

12 shall be available for the Office of the Assistant Secretary 

13 for Public Affairs; not to exceed $2,163,000 shall be avail14 able to the Office of the Assistant Secretary for Public 

15 and Indian Housing; not to exceed $1,755,000 shall be 

16 available to the Office of the Assistant Secretary for Com17 munity Planning and Development; not to exceed 

18 $3,565,000 shall be available to the Office of the Assistant 

19 Secretary for Housing, Federal Housing Commissioner; 

20 not to exceed $1,117,000 shall be available to the Office 

21 of the Assistant Secretary for Policy Development and Re22 search; not to exceed $945,000 shall be available to the 

23 Office of the Assistant Secretary for Fair Housing and 

24 Equal Opportunity; and not to exceed $549,000 shall be 

25 available to the Office of the Chief Operating Officer: ProVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 vided, That the Secretary of the Department of Housing 

2 and Urban Development is authorized to transfer funds 

3 appropriated for any office funded under this heading to 

4 any other office funded under this heading following the 

5 written notification to the House and Senate Committees 

6 on Appropriations: Provided further, That no appropria7 tion for any office shall be increased or decreased by more 

8 than 5 percent by all such transfers: Provided further, 

9 That notice of any change in funding greater than 5 per10 cent shall be submitted for prior approval to the House 

11 and Senate Committees on Appropriations: Provided fur12 ther, That the Secretary shall provide the Committees on 

13 Appropriations quarterly written notification regarding 

14 the status of pending congressional reports: Provided fur15 ther, That the Secretary shall provide all signed reports 

16 required by Congress electronically: Provided further, That 

17 not to exceed $25,000 of the amount made available under 

18 this paragraph for the immediate Office of the Secretary 

19 shall be available for official reception and representation 

20 expenses as the Secretary may determine: Provided Fur21 ther, That the Secretary shall notify the Committees on 

22 Appropriations one month before any of the funds made 

23 available under this heading may be used for international 

24 travel. 


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1 ADMINISTRATION, OPERATIONS AND MANAGEMENT

2 For necessary salaries and expenses for administra3 tion, operations and management for the Department of 

4 Housing and Urban Development, $538,552,000 (reduced 

5 by $21,000,000) (reduced by $20,000,000), of which not 

6 to exceed $65,049,000 shall be available for the personnel 

7 compensation and benefits of the Office of the Chief 

8 Human Capital Officer; not to exceed $9,122,000 shall be 

9 available for the personnel compensation and benefits of 

10 the Office of Departmental Operations and Coordination; 

11 not to exceed $49,090,000 shall be available for the per12 sonnel compensation and benefits of the Office of Field 

13 Policy and Management; not to exceed $13,861,000 shall 

14 be available for the personnel compensation and benefits 

15 of the Office of the Chief Procurement Officer; not to ex16 ceed $33,831,000 shall be available for the personnel com17 pensation and benefits of the remaining staff in the Office 

18 of the Chief Financial Officer; not to exceed $86,482,000 

19 shall be available for the personnel compensation and ben20 efits of the remaining staff in the Office of the General 

21 Counsel; not to exceed $3,115,000 shall be available for 

22 the personnel compensation and benefits of the Office of 

23 Departmental Equal Employment Opportunity; not to ex24 ceed $1,316,000 shall be available for the personnel com25 pensation and benefits for the Center for Faith-Based and 


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1 Community Initiatives; not to exceed $2,887,000 shall be 

2 available for the personnel compensation and benefits for 

3 the Office of Sustainability; not to exceed $4,445,000 shall 

4 be available for the personnel compensation and benefits 

5 for the Office of Strategic Planning and Management; not 

6 to exceed $4,875,000 shall be available for the personnel 

7 compensation and benefits for the Office of the Chief Dis8 aster and Emergency Management Officer; and not to ex9 ceed $264,479,000 (reduced by $21,000,000) (reduced by 

10 $20,000,000) shall be available for non-personnel expenses 

11 of the Department of Housing and Urban Development: 

12 Provided, That, funds provided under this heading may 

13 be used for necessary administrative and non-administra14 tive expenses of the Department of Housing and Urban 

15 Development, not otherwise provided for, including pur16 chase of uniforms, or allowances therefor, as authorized 

17 by 5 U.S.C. 5901–5902; hire of passenger motor vehicles; 

18 services as authorized by 5 U.S.C. 3109: Provided further, 

19 That notwithstanding any other provision of law, funds 

20 appropriated under this heading may be used for adver21 tising and promotional activities that support the housing 

22 mission area: Provided further, That the Secretary of 

23 Housing and Urban Development is authorized to transfer 

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1 cluded in Administration, Operations and Management 

2 only after such transfer has been submitted to, and re3 ceived prior written approval by, the House and Senate 

4 Committees on Appropriations: Provided further, That no 

5 appropriation for any office shall be increased or de6 creased by more than 10 percent by all such transfers. 

7 Provided Further,That the Secretary shall notify the Com8 mittees on Appropriations one month before any of the 

9 funds made available under this heading may be used for 

10 international travel. 

11 PERSONNEL COMPENSATION AND BENEFITS

12 PUBLIC AND INDIAN HOUSING

13 For necessary personnel compensation and benefits 

14 expenses of the Office of Public and Indian Housing, 

15 $197,282,000. 

16 COMMUNITY PLANNING AND DEVELOPMENT

17 For necessary personnel compensation and benefits 

18 expenses of the Office of Community Planning and Devel19 opment mission area, $105,768,000. 

20 HOUSING

21 For necessary personnel compensation and benefits 

22 expenses of the Office of Housing, $395,917,000. 


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1 OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE

2 ASSOCIATION

3 For necessary personnel compensation and benefits 

4 expenses of the Office of the Government National Mort5 gage Association, $10,902,000, to be derived from the 

6 GNMA guarantees of mortgage backed securities guaran7 teed loan receipt account. 

8 POLICY DEVELOPMENT AND RESEARCH

9 For necessary personnel compensation and benefits 

10 expenses of the Office of Policy Development and Re11 search, $23,588,000 (reduced by $2,978,450). 

12 FAIR HOUSING AND EQUAL OPPORTUNITY

13 For necessary personnel compensation and benefits 

14 expenses of the Office of Fair Housing and Equal Oppor15 tunity, $67,964,000. 

16 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

17 CONTROL

18 For necessary personnel compensation and benefits 

19 expenses of the Office of Healthy Homes and Lead Haz20 ard Control, $6,762,000. 

21 PUBLIC AND INDIAN HOUSING

22 TENANT-BASED RENTAL ASSISTANCE

23 (INCLUDING TRANSFER OF FUNDS)

24 For activities and assistance for the provision of ten25 ant-based rental assistance authorized under the United 


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1 States Housing Act of 1937, as amended (42 U.S.C. 1437 

2 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

3 $15,395,663,000, to remain available until expended, shall 

4 be available on October 1, 2010 (in addition to the 

5 $4,000,000,000 previously appropriated under this head6 ing that will become available on October 1, 2010), and 

7 $4,000,000,000, to remain available until expended, shall 

8 be available on October 1, 2011: Provided, That of the 

9 amounts made available under this heading are provided 

10 as follows: 

11 (1) $17,080,000,000 shall be available for re12 newals of expiring section 8 tenant-based annual 

13 contributions contracts (including renewals of en14 hanced vouchers under any provision of law author15 izing such assistance under section 8(t) of the Act) 

16 and including renewal of other special purpose 

17 vouchers initially funded in fiscal years 2009 and 

18 2010 (such as Family Unification, Veterans Affairs 

19 Supportive Housing Vouchers and Non-elderly Dis20 abled Vouchers): Provided, That notwithstanding 

21 any other provision of law, from amounts provided 

22 under this paragraph and any carryover, the Sec23 retary for the calendar year 2011 funding cycle shall 

24 provide renewal funding for each public housing 

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1 tem (VMS) leasing and cost data for calendar year 

2 2010 and by applying the most recent 12 months of 

3 the Annual Adjustment Factor as established by the 

4 Secretary, and by making any necessary adjustments 

5 for the costs associated with the first-time renewal 

6 of vouchers under this paragraph including tenant 

7 protection, and HOPE VI vouchers: Provided fur8 ther, That none of the funds provided under this 

9 paragraph may be used to fund a total number of 

10 unit months under lease which exceeds a public 

11 housing agency’s authorized level of units under con12 tract, except for public housing agencies partici13 pating in the Moving to Work demonstration, which 

14 are instead governed by the terms and conditions of 

15 their MTW agreements: Provided further, That the 

16 Secretary shall, to the extent necessary to stay with17 in the amount specified under this paragraph, pro 

18 rate each public housing agency’s allocation other19 wise established pursuant to this paragraph: Pro20 vided further, That except as provided in the fol21 lowing provisos, the entire amount specified under 

22 this paragraph shall be obligated to the public hous23 ing agencies based on the allocation and pro rata 

24 method described above, and the Secretary shall no25 tify public housing agencies of their annual budget 


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1 not later than 60 days after enactment of this Act: 

2 Provided further, That the Secretary may extend the 

3 60-day notification period with prior written ap4 proval of the House and Senate Committees on Ap5 propriations: Provided further, That public housing 

6 agencies participating in the Moving to Work dem7 onstration shall be funded pursuant to their Moving 

8 to Work agreements and shall be subject to the 

9 same pro rata adjustments under the previous pro10 visos: Provided further, That up to $150,000,000 

11 shall be available only: (1) to adjust the allocations 

12 for public housing agencies, after application for an 

13 adjustment by a public housing agency that experi14 enced a significant increase, as determined by the 

15 Secretary, in renewal costs of tenant-based rental 

16 assistance resulting from unforeseen circumstances 

17 or from portability under section 8(r) of the Act; (2) 

18 for vouchers that were not in use during the 12- 

19 month period in order to be available to meet a com20 mitment pursuant to section 8(o)(13) of the Act; (3) 

21 for any increase in the costs associated with deposits 

22 to family self-sufficiency program escrow accounts; 

23 (4) for onetime adjustments of renewal funding for 

24 Public Housing Agencies in receivership with ap25 proved fungibility plans for calendar year 2009 as 


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1 authorized in Section 11003 of the Consolidated Se2 curity, Disaster Assistance, and Continuing Appro3 priations Act, 2009 (Public Law 110–329); or (5) to 

4 adjust allocations for public housing agencies to pre5 vent termination of assistance to families receiving 

6 assistance under the disaster voucher program, as 

7 authorized by Public Law 109–148 under the head8 ing ‘‘Tenant-Based Rental Assistance’’: Provided 

9 further, That the Secretary shall allocate amounts 

10 under the previous proviso based on need as deter11 mined by the Secretary: Provided further, That of 

12 the amounts made available under this paragraph, 

13 up to $100,000,000 may be transferred to and 

14 merged with the appropriation for ‘‘Transformation 

15 Initiative’’; 

16 (2) $125,000,000 shall be for section 8 rental 

17 assistance for relocation and replacement of housing 

18 units that are demolished or disposed of pursuant to 

19 the Omnibus Consolidated Rescissions and Appro20 priations Act of 1996 (Public Law 104–134), con21 version of section 23 projects to assistance under 

22 section 8, the family unification program under sec23 tion 8(x) of the Act, relocation of witnesses in con24 nection with efforts to combat crime in public and 

25 assisted housing pursuant to a request from a law 


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1 enforcement or prosecution agency, enhanced vouch2 ers under any provision of law authorizing such as3 sistance under section 8(t) of the Act, HOPE VI 

4 vouchers, mandatory and voluntary conversions, and 

5 tenant protection assistance including replacement 

6 and relocation assistance or for project based assist7 ance to prevent the displacement of unassisted elder8 ly tenants currently residing in section 202 prop9 erties financed between 1959 and 1974 that are refi10 nanced pursuant to Public Law 106–569, as amend11 ed, or under the authority as provided under this 

12 Act: Provided, That the Secretary shall provide re13 placement vouchers for all units that were occupied 

14 within the previous 24 months that cease to be avail15 able as assisted housing, subject only to the avail16 ability of funds; 

17 (3) $1,851,000,000 shall be for administrative 

18 and other expenses of public housing agencies in ad19 ministering the section 8 tenant-based rental assist20 ance program, of which up to $50,000,000 shall be 

21 available to the Secretary to allocate to public hous22 ing agencies that need additional funds to admin23 ister their section 8 programs, including fees associ24 ated with section 8 tenant protection rental assist25 ance, the administration of disaster related vouchers, 


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1 Veterans Affairs Supportive Housing vouchers, and 

2 other incremental vouchers: Provided, That no less 

3 than $1,741,000,000 of the amount provided in this 

4 paragraph shall be allocated to public housing agen5 cies for the calendar year 2011 funding cycle based 

6 on section 8(q) of the Act (and related Appropria7 tion Act provisions) as in effect immediately before 

8 the enactment of the Quality Housing and Work Re9 sponsibility Act of 1998 (Public Law 105–276): Pro10 vided further, That if the amounts made available 

11 under this paragraph are insufficient to pay the 

12 amounts determined under the previous proviso, the 

13 Secretary may decrease the amounts allocated to 

14 agencies by a uniform percentage applicable to all 

15 agencies receiving funding under this paragraph or 

16 may, to the extent necessary to provide full payment 

17 of amounts determined under the previous proviso, 

18 utilize unobligated balances, including recaptures 

19 and carryovers, remaining from funds appropriated 

20 to the Department of Housing and Urban Develop21 ment under this heading, for fiscal year 2010 and 

22 prior fiscal years, notwithstanding the purposes for 

23 which such amounts were appropriated: Provided 

24 further, That amounts provided under this para25 graph shall be only for activities related to the proviVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 sion of tenant-based rental assistance authorized 

2 under section 8, including related development ac3 tivities: Provided further, That $60,000,000 shall be 

4 available for family self-sufficiency coordinators 

5 under section 23 of the Act: Provided further, That 

6 amounts provided for family self-sufficiency coordi7 nators shall be obligated to the public housing agen8 cies not later than 60 days after enactment of this 

9 Act; 

10 (4) $113,663,183 for renewal of tenant-based 

11 assistance contracts under section 811 of the Cran12 ston-Gonzalez National Affordable Housing Act (42 

13 U.S.C. 8013) entered into prior to fiscal year 2007; 

14 (5) $75,000,000 for incremental rental voucher 

15 assistance for use through a supported housing pro16 gram administered in conjunction with the Depart17 ment of Veterans Affairs as authorized under section 

18 8(o)(19) of the United States Housing Act of 1937: 

19 Provided, That the Secretary of Housing and Urban 

20 Development shall make such funding available, not21 withstanding section 204 (competition provision) of 

22 this title, to public housing agencies that partner 

23 with eligible VA Medical Centers or other entities as 

24 designated by the Secretary of the Department of 

25 Veterans Affairs, based on geographical need for 


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1 such assistance as identified by the Secretary of the 

2 Department of Veterans Affairs, public housing 

3 agency administrative performance, and other fac4 tors as specified by the Secretary of Housing and 

5 Urban Development in consultation with the Sec6 retary of the Department of Veterans Affairs: Pro7 vided further, That the Secretary of Housing and 

8 Urban Development may waive, or specify alter9 native requirements for (in consultation with the 

10 Secretary of the Department of Veterans Affairs), 

11 any provision of any statute or regulation that the 

12 Secretary of Housing and Urban Development ad13 ministers in connection with the use of funds made 

14 available under this paragraph (except for require15 ments related to fair housing, nondiscrimination, 

16 labor standards, and the environment), upon a find17 ing by the Secretary that any such waivers or alter18 native requirements are necessary for the effective 

19 delivery and administration of such voucher assist20 ance: Provided further, That assistance made avail21 able under this paragraph shall continue to remain 

22 available for homeless veterans upon turn-over; 

23 (6) Up to $66,000,000 for incremental tenant24 based assistance for eligible families assisted under 

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1 canes Ike and Gustav: Provided, That these vouchers 

2 will not be re-issued when families leave the pro3 gram; 

4 (7) $85,000,000 for incremental voucher assist5 ance under section 8(o) of the United States Hous6 ing Act of 1937, including related administrative ex7 penses, for two competitive demonstration programs 

8 to address the needs of families and individuals who 

9 are homeless or at risk of homelessness, as defined 

10 by the Secretary of Housing and Urban Develop11 ment, to be administered by the Department of 

12 Housing and Urban Development in conjunction 

13 with the Department of Health and Human Services 

14 and the Department of Education: Provided, That 

15 one demonstration program shall make funding 

16 available to public housing agencies that: (1) partner 

17 with eligible state or local entities responsible for 

18 distributing Temporary Assistance for Needy Fami19 lies (TANF) and other health and human services as 

20 designated by the Secretary of the Department of 

21 Health and Human Services; and (2) partner with 

22 school homelessness liaisons funded through the De23 partment of Education’s Education for Homeless 

24 Children and Youths program: Provided further, 

25 That the other demonstration program shall make 


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1 funding available to public housing agencies that 

2 partner with eligible state Medicaid agencies and 

3 state behavioral health entities as designated by the 

4 Secretary of the Department of Health and Human 

5 Services to provide housing in conjunction with Med6 icaid case management, substance abuse treatment, 

7 and mental health services: Provided further, That 

8 the Secretary of Housing and Urban Development 

9 shall make the funding specified in this subsection 

10 available through such allocation procedures as the 

11 Secretary determines to be appropriate, notwith12 standing section 213 of the Housing and Community 

13 Development Act of 1974 (42 U.S.C. 1439) and sec14 tion 204 (competition provision) of this title, to enti15 ties with demonstrated experience and that meet 

16 such other requirements as determined by the Sec17 retary: Provided further, That the Secretary of 

18 Housing and Urban Development may waive, or 

19 specify alternative requirements for any provision of 

20 any statute or regulation that the Secretary of 

21 Housing and Urban Development administers in 

22 connection with the use of funds made available 

23 under this paragraph (except for requirements re24 lated to fair housing, nondiscrimination, labor stand25 ards, and the environment), upon a finding by the 


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1 Secretary that any such waivers or alternative re2 quirements are necessary for the effective delivery 

3 and administration of such voucher assistance: Pro4 vided further, That the Secretary shall publish in the 

5 Federal Register any waiver of any statute or regu6 lation that the Secretary administers pursuant to 

7 this subsection no later than 10 days before the ef8 fective date of such waiver: Provided further, That 

9 assistance made available under this subsection shall 

10 continue to remain available for these purposes upon 

11 turn-over. 

12 HOUSING CERTIFICATE FUND

13 Unobligated balances, including recaptures and car14 ryover, remaining from funds appropriated to the Depart15 ment of Housing and Urban Development under this 

16 heading, the heading ‘‘Annual Contributions for Assisted 

17 Housing’’ and the heading ‘‘Project-Based Rental Assist18 ance’’, for fiscal year 2011 and prior years may be used 

19 for renewal of or amendments to section 8 project-based 

20 contracts and for performance-based contract administra21 tors, notwithstanding the purposes for which such funds 

22 were appropriated: Provided, That any obligated balances 

23 of contract authority from fiscal year 1974 and prior that 

24 have been terminated shall be cancelled: Provided further, 

25 That amounts heretofore recaptured, or recaptured during 


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1 the current fiscal year, from project-based Section 8 con2 tracts from source years fiscal year 1975 through fiscal 

3 year 1987 are hereby rescinded, and an amount of addi4 tional new budget authority, equivalent to the amount re5 scinded is hereby appropriated, to remain available until 

6 expended, for the purposes set forth under this heading, 

7 in addition to amounts otherwise available. 

8 PUBLIC HOUSING CAPITAL FUND

9 For the Public Housing Capital Fund Program to 

10 carry out capital and management activities for public 

11 housing agencies, as authorized under section 9 of the 

12 United States Housing Act of 1937 (42 U.S.C. 1437g) 

13 (the ‘‘Act’’) $2,500,000,000, to remain available until 

14 September 30, 2014: Provided, That notwithstanding any 

15 other provision of law or regulation, during fiscal year 

16 2011 the Secretary of Housing and Urban Development 

17 may not delegate to any Department official other than 

18 the Deputy Secretary and the Assistant Secretary for 

19 Public and Indian Housing any authority under paragraph 

20 (2) of section 9(j) regarding the extension of the time peri21 ods under such section: Provided further, That for pur22 poses of such section 9(j), the term ‘‘obligate’’ means, with 

23 respect to amounts, that the amounts are subject to a 

24 binding agreement that will result in outlays, immediately 

25 or in the future: Provided further, That up to $15,345,000 


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1 shall be to support the ongoing Public Housing Financial 

2 and Physical Assessment activities of the Real Estate As3 sessment Center (REAC): Provided further, That of the 

4 total amount provided under this heading, not to exceed 

5 $20,000,000 shall be available for the Secretary to make 

6 grants, notwithstanding section 204 of this Act, to public 

7 housing agencies for emergency capital needs resulting 

8 from unforeseen or unpreventable emergencies and nat9 ural disasters excluding Presidentially declared emer10 gencies and natural disasters under the Robert T. Stafford 

11 Disaster Relief and Emergency Act (42 U.S.C. 5121 et 

12 seq.) occurring in fiscal year 2011: Provided further, That 

13 of the total amount provided under this heading, 

14 $50,000,000 shall be for supportive services, service coor15 dinators and congregate services as authorized by section 

16 34 of the Act (42 U.S.C. 1437z–6) and the Native Amer17 ican Housing Assistance and Self-Determination Act of 

18 1996 (25 U.S.C. 4101 et seq.): Provided further, That a 

19 Notice of Funding Availability for the funds provided in 

20 the previous proviso shall be issued not later than 60 days 

21 after enactment of this Act: Provided further, That of the 

22 total amount provided under this heading up to 

23 $8,820,000 is to support the costs of administrative and 

24 judicial receiverships: Provided further, That from the 

25 funds made available under this heading, the Secretary 


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1 shall provide bonus awards in fiscal year 2011 to public 

2 housing agencies that are designated high performers. 

3 PUBLIC HOUSING OPERATING FUND

4 For 2011 payments to public housing agencies for the 

5 operation and management of public housing, as author6 ized by section 9(e) of the United States Housing Act of 

7 1937 (42 U.S.C. 1437g(e)), $4,829,000,000. 

8 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

9 HOUSING (HOPE VI)

10 For grants to public housing agencies for demolition, 

11 site revitalization, replacement housing, and tenant-based 

12 assistance grants to projects as authorized by section 24 

13 of the United States Housing Act of 1937 (42 U.S.C. 

14 1437v), $200,000,000, to remain available until Sep15 tember 30, 2012, of which the Secretary of Housing and 

16 Urban Development may use up to $5,000,000 for tech17 nical assistance and contract expertise, to be provided di18 rectly or indirectly by grants, contracts or cooperative 

19 agreements, including training and cost of necessary travel 

20 for participants in such training, by or to officials and em21 ployees of the department and of public housing agencies 

22 and to residents: Provided, That none of such funds shall 

23 be used directly or indirectly by granting competitive ad24 vantage in awards to settle litigation or pay judgments, 

25 unless expressly permitted herein: Provided further, That 


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1 a Notice of Funding Availability for the funds provided 

2 under this heading shall be issued not later than 60 days 

3 after enactment of this Act. 

4 NATIVE AMERICAN HOUSING BLOCK GRANTS

5 For the Native American Housing Block Grants pro6 gram, as authorized under title I of the Native American 

7 Housing Assistance and Self-Determination Act of 1996 

8 (NAHASDA) (25 U.S.C. 4111 et seq.), $700,000,000, to 

9 remain available until expended: Provided, That, notwith10 standing the Native American Housing Assistance and 

11 Self-Determination Act of 1996, to determine the amount 

12 of the allocation under title I of such Act for each Indian 

13 tribe, the Secretary shall apply the formula under section 

14 302 of such Act with the need component based on single15 race Census data and with the need component based on 

16 multi-race Census data, and the amount of the allocation 

17 for each Indian tribe shall be the greater of the two result18 ing allocation amounts: Provided further, That the Depart19 ment shall notify grantees of their formula allocation with20 in 60 days of enactment of this Act: Provided further, That 

21 of the amounts made available under this heading, 

22 $3,500,000 shall be contracted for assistance for a na23 tional organization representing Native American housing 

24 interests for providing training and technical assistance to 

25 Indian housing authorities and tribally designated housing 


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1 entities as authorized under NAHASDA; and $4,250,000 

2 shall be to support the inspection of Indian housing units, 

3 contract expertise, training, and technical assistance in 

4 the training, oversight, and management of such Indian 

5 housing and tenant-based assistance, including up to 

6 $300,000 for related travel: Provided further, That of the 

7 amount provided under this heading, $2,000,000 shall be 

8 made available for the cost of guaranteed notes and other 

9 obligations, as authorized by title VI of NAHASDA: Pro10 vided further, That such costs, including the costs of modi11 fying such notes and other obligations, shall be as defined 

12 in section 502 of the Congressional Budget Act of 1974, 

13 as amended: Provided further, That these funds are avail14 able to subsidize the total principal amount of any notes 

15 and other obligations, any part of which is to be guaran16 teed, not to exceed $20,000,000. 

17 NATIVE HAWAIIAN HOUSING BLOCK GRANT

18 For the Native Hawaiian Housing Block Grant pro19 gram, as authorized under title VIII of the Native Amer20 ican Housing Assistance and Self-Determination Act of 

21 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to remain 

22 available until expended: Provided, That of this amount, 

23 $300,000 shall be for training and technical assistance ac24 tivities, including up to $100,000 for related travel by Ha25 waii-based HUD employees. 


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1 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

2 ACCOUNT

3 For the cost of guaranteed loans, as authorized by 

4 section 184 of the Housing and Community Development 

5 Act of 1992 (12 U.S.C. 1715z), $9,000,000, to remain 

6 available until expended: Provided, That such costs, in7 cluding the costs of modifying such loans, shall be as de8 fined in section 502 of the Congressional Budget Act of 

9 1974: Provided further, That these funds are available to 

10 subsidize total loan principal, any part of which is to be 

11 guaranteed, up to $994,000,000: Provided further, That 

12 up to $750,000 shall be for administrative contract ex13 penses including management processes and systems to 

14 carry out the loan guarantee program. 

15 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

16 PROGRAM ACCOUNT

17 For the cost of guaranteed loans, as authorized by 

18 section 184A of the Housing and Community Develop19 ment Act of 1992 (12 U.S.C. 1715z), $1,044,000, to re20 main available until expended: Provided, That such costs, 

21 including the costs of modifying such loans, shall be as 

22 defined in section 502 of the Congressional Budget Act 

23 of 1974: Provided further, That these funds are available 

24 to subsidize total loan principal, any part of which is to 

25 be guaranteed, not to exceed $41,504,255. 


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1 COMMUNITY PLANNING AND DEVELOPMENT

2 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

3 For carrying out the Housing Opportunities for Per4 sons with AIDS program, as authorized by the AIDS 

5 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

6 $350,000,000, to remain available until September 30, 

7 2012, except that amounts allocated pursuant to section 

8 854(c)(3) of such Act shall remain available until Sep9 tember 30, 2013: Provided, That the Secretary shall renew 

10 all expiring contracts for permanent supportive housing 

11 that were funded under section 854(c)(3) of such Act that 

12 meet all program requirements before awarding funds for 

13 new contracts and activities authorized under this section: 

14 Provided further, That the Department shall notify grant15 ees of their formula allocation within 60 days of enactment 

16 of this Act. 

17 COMMUNITY DEVELOPMENT FUND

18 For assistance to units of State and local govern19 ment, and to other entities, for economic and community 

20 development activities, and for other purposes, 

21 $4,352,100,000 (increased by $10,000,000) (increased by 

22 $20,000,000), to remain available until September 30, 

23 2013, unless otherwise specified: Provided, That of the 

24 total amount provided, $3,997,755,000 is for carrying out 

25 the community development block grant program under 


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1 title I of the Housing and Community Development Act 

2 of 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 

3 et seq.): Provided further, That unless explicitly provided 

4 for under this heading (except for planning grants pro5 vided in the second paragraph and amounts made avail6 able under the third paragraph), not to exceed 20 percent 

7 of any grant made with funds appropriated under this 

8 heading shall be expended for planning and management 

9 development and administration: Provided further, That 

10 the Department shall notify grantees of their formula allo11 cation within 60 days of enactment of this Act: Provided 

12 further, That $65,000,000 shall be for grants to Indian 

13 tribes notwithstanding section 106(a)(1) of such Act, of 

14 which, notwithstanding any other provision of law (includ15 ing section 204 of this Act), up to $3,960,000 may be 

16 used for emergencies that constitute imminent threats to 

17 health and safety. 

18 Of the amount made available under this heading, 

19 $77,145,000 shall be available for grants for the Economic 

20 Development Initiative (EDI) to finance a variety of tar21 geted economic investments in accordance with the terms 

22 and conditions specified in the explanatory statement ac23 companying this Act: Provided, That none of the funds 

24 provided under this paragraph may be used for program 

25 operations: Provided further, That, for fiscal years 2008, 


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1 2009 and 2010, no unobligated funds for EDI grants may 

2 be used for any purpose except acquisition, planning, de3 sign, purchase of equipment, revitalization, redevelopment 

4 or construction. 

5 Of the amount made available under this heading, 

6 $12,200,000 shall be available for neighborhood initiatives 

7 that are utilized to improve the conditions of distressed 

8 and blighted areas and neighborhoods, to stimulate invest9 ment, economic diversification, and community revitaliza10 tion in areas with population outmigration or a stagnating 

11 or declining economic base, or to determine whether hous12 ing benefits can be integrated more effectively with welfare 

13 reform initiatives: Provided, That amounts made available 

14 under this paragraph shall be provided in accordance with 

15 the terms and conditions specified in the explanatory 

16 statement accompanying this Act. 

17 The referenced statement of managers under the 

18 heading ‘‘Community Planning and Development’’ in title 

19 II in division I of Public Law 111–8 is deemed to be 

20 amended by striking ‘‘City of Wilson, NC, for demolition 

21 of dilapidated structures from downtown Wilson to further 

22 downtown redevelopment’’ and inserting ‘‘City of Wilson, 

23 NC, for the renovation of blighted structures to enhance 

24 downtown development’’. 


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1 The referenced statement of managers under the 

2 heading ‘‘Community Planning and Development’’ in title 

3 II in division I of Public Law 111–8 is deemed to be 

4 amended by striking ‘‘Catskill Visitor Interpretative Cen5 ter, Shandaken, NY, for construction of a visitor’s center’’ 

6 and inserting ‘‘New York State Department of Environ7 mental Conservation, NY, for planning and design of the 

8 Catskill Visitor Interpretative Center’’. 

9 The referenced statement of managers under the 

10 heading ‘‘Community Planning and Development’’ in title 

11 II in division I of Public Law 111–8 is deemed to be 

12 amended by striking ‘‘Charles County Department of 

13 Human Services, Maryland, Port Tobacco, MD, for acqui14 sition and rehabilitation of the former Changing Point 

15 South facility as a homeless shelter and transitional hous16 ing’’ and inserting ‘‘Charles County Department of 

17 Human Services, Port Tobacco, MD, for acquisition and 

18 rehabilitation of a facility’’. 

19 Of the amounts made available under this heading, 

20 $150,000,000 shall be made available for a Sustainable 

21 Communities Initiative to improve regional planning ef22 forts that integrate housing and transportation decisions, 

23 and increase the capacity to improve land use and zoning: 

24 Provided, That grants under such Initiative may only be 

25 made to metropolitan planning organizations (MPOs), 


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1 rural planning organizations, States or other units of gen2 eral local government, and housing- and transportation3 related nonprofit organizations: Provided further, That 

4 $100,000,000 shall be for Regional Integrated Planning 

5 Grants to support the linking of transportation and land 

6 use planning: Provided further, That not less than 

7 $25,000,000 of the funding made available for Regional 

8 Integrated Planning Grants shall be awarded to metropoli9 tan areas of less than 500,000: Provided further, That 

10 $40,000,000 shall be for Community Challenge Planning 

11 Grants to foster reform and reduce barriers to achieve af12 fordable, economically vital, and sustainable communities: 

13 Provided further, That before funding is made available 

14 for Regional Integrated Planning Grants or Community 

15 Challenge Planning Grants, the Secretary, in coordination 

16 with the Secretary of Transportation, shall submit a plan 

17 to the House and Senate Committees on Appropriations, 

18 the Senate Committee on Banking and Urban Affairs, and 

19 the House Committee on Financial Services establishing 

20 grant criteria as well as performance measures by which 

21 the success of grantees will be measured: Provided further, 

22 That the Secretary will consult with the Secretary of 

23 Transportation in evaluating grant proposals: Provided 

24 further, That up to $10,000,000 shall be for a joint De25 partment of Housing and Urban Development and DeVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 partment of Transportation research effort that shall in2 clude a rigorous evaluation of the Regional Integrated 

3 Planning Grants and Community Challenge Planning 

4 Grants programs, as well as to provide funding for a clear5 inghouse and capacity building efforts: Provided further, 

6 That of the amounts made available under this heading, 

7 $25,000,000 shall be made available for the Rural Innova8 tion Fund for grants to Indian tribes, State housing fi9 nance agencies, State community and/or economic devel10 opment agencies, local rural nonprofits and community de11 velopment corporations to address the problems of con12 centrated rural housing distress and community poverty: 

13 Provided further, That of the funding made available 

14 under the previous proviso, at least $5,000,000 shall be 

15 made available to promote economic development and en16 trepreneurship for federally recognized Indian Tribes, 

17 through activities including the capitalization of revolving 

18 loan programs and business planning and development, 

19 funding is also made available for technical assistance to 

20 increase capacity through training and outreach activities: 

21 Provided further, That of the amounts made available 

22 under this heading, $25,000,000 (increased by 

23 $10,000,000) is for grants pursuant to section 107 of the 

24 Housing and Community Development Act of 1974 (42 

25 U.S.C. 5307). 


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1 COMMUNITY DEVELOPMENT LOAN GUARANTEES

2 PROGRAM ACCOUNT

3 For the cost of guaranteed loans, $10,000,000, to re4 main available until September 30, 2012, as authorized 

5 by section 108 of the Housing and Community Develop6 ment Act of 1974 (42 U.S.C. 5308): Provided, That such 

7 costs, including the cost of modifying such loans, shall be 

8 as defined in section 502 of the Congressional Budget Act 

9 of 1974: Provided further, That these funds are available 

10 to subsidize total loan principal, any part of which is to 

11 be guaranteed, not to exceed $427,000,000, notwith12 standing any aggregate limitation on outstanding obliga13 tions guaranteed in section 108(k) of the Housing and 

14 Community Development Act of 1974, as amended. 

15 BROWNFIELDS REDEVELOPMENT

16 For competitive economic development grants, as au17 thorized by section 108(q) of the Housing and Community 

18 Development Act of 1974, as amended, for Brownfields 

19 redevelopment projects, $17,500,000, to remain available 

20 until September 30, 2012: Provided, That no funds made 

21 available under this heading may be used to establish loan 

22 loss reserves for the section 108 Community Development 

23 Loan Guarantee program: Provided further, That a Notice 

24 of Funding Availability shall be issued not later than 90 

25 days after enactment of this Act. 


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1 HOME INVESTMENT PARTNERSHIPS PROGRAM

2 For the HOME investment partnerships program, as 

3 authorized under title II of the Cranston-Gonzalez Na4 tional Affordable Housing Act, as amended, 

5 $1,825,000,000, to remain available until September 30, 

6 2013: Provided, That, funds provided in prior appropria7 tions Acts for technical assistance, that were made avail8 able for Community Housing Development Organizations 

9 technical assistance, and that still remain available, may 

10 be used for HOME technical assistance notwithstanding 

11 the purposes for which such amounts were appropriated: 

12 Provided further, That the Department shall notify grant13 ees of their formula allocation within 60 days of enactment 

14 of this Act. 

15 SELF-HELP AND ASSISTED HOMEOWNERSHIP

16 OPPORTUNITY PROGRAM

17 For the Self-Help and Assisted Homeownership Op18 portunity Program, as authorized under section 11 of the 

19 Housing Opportunity Program Extension Act of 1996, as 

20 amended, $82,000,000, to remain available until Sep21 tember 30, 2012: Provided, That of the total amount pro22 vided under this heading, $27,000,000 shall be made 

23 available to the Self-Help and Assisted Homeownership 

24 Opportunity Program as authorized under section 11 of 

25 the Housing Opportunity Program Extension Act of 1996, 


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1 as amended: Provided further, That $50,000,000 shall be 

2 made available for the second, third and fourth capacity 

3 building activities authorized under section 4(a) of the 

4 HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), 

5 of which not less than $5,000,000 may be made available 

6 for rural capacity building activities: Provided further, 

7 That $5,000,000 shall be made available for capacity 

8 building activities as authorized in sections 6301 through 

9 6305 of Public Law 110–246: Provided further, That a 

10 Notice of Funding Availability shall be issued not later 

11 than 60 days after enactment of this Act. 

12 HOMELESS ASSISTANCE GRANTS

13 For the emergency solutions grants program as au14 thorized under subtitle B of title IV of the McKinney15 Vento Homeless Assistance Act, as amended; the con16 tinuum of care program as authorized under subtitle C 

17 of title IV of such Act; and the rural housing stability as18 sistance program as authorized under subtitle D of title 

19 IV of such Act, $2,200,000,000, of which $2,195,000,000 

20 shall remain available until September 30, 2013, and of 

21 which $5,000,000 shall remain available until expended 

22 for project-based rental assistance rehabilitation with 10- 

23 year grant terms and any rental assistance amounts that 

24 are recaptured under such continuum of care program 

25 shall remain available until expended: Provided, That up 


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1 to $200,000,000 of the funds appropriated under this 

2 heading shall be available for such emergency solutions 

3 grants program: Provided further, That no less than 

4 $1,989,000,000 of the funds appropriated under this 

5 heading shall be available for such continuum of care and 

6 rural housing stability assistance programs: Provided fur7 ther, That up to $6,000,000 of the funds appropriated 

8 under this heading shall be available for the national 

9 homeless data analysis project: Provided further, That for 

10 all match requirements applicable to funds made available 

11 under this heading for this fiscal year and prior years, 

12 a grantee may use (or could have used) as a source of 

13 match funds other funds administered by the Secretary 

14 and other Federal agencies unless there is (or was) a spe15 cific statutory prohibition on any such use of any such 

16 funds: Provided further, That the Secretary shall renew 

17 on an annual basis expiring contracts or amendments to 

18 contracts funded under the continuum of care program if 

19 the program is determined to be needed under the applica20 ble continuum of care and meets appropriate program re21 quirements and financial standards, as determined by the 

22 Secretary: Provided further, That all awards of assistance 

23 under this heading shall be required to coordinate and in24 tegrate homeless programs with other mainstream health, 

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1 less populations may be eligible, including Medicaid, State 

2 Children’s Health Insurance Program, Temporary Assist3 ance for Needy Families, Food Stamps, and services fund4 ing through the Mental Health and Substance Abuse 

5 Block Grant, Workforce Investment Act, and the Welfare6 to-Work grant program: Provided further, That all bal7 ances for Shelter Plus Care renewals previously funded 

8 from the Shelter Plus Care Renewal account and trans9 ferred to this account shall be available, if recaptured, for 

10 continuum of care renewals in fiscal year 2011. 

11 HOUSING PROGRAMS

12 PROJECT-BASED RENTAL ASSISTANCE

13 For activities and assistance for the provision of 

14 project-based subsidy contracts under the United States 

15 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

16 Act’’), not otherwise provided for, $8,982,328,000, to re17 main available until expended, shall be available on Octo18 ber 1, 2010 (in addition to the $393,672,000 previously 

19 appropriated under this heading that will become available 

20 October 1, 2010), and $400,000,000, to remain available 

21 until expended, shall be available on October 1, 2011: Pro22 vided, That the amounts made available under this head23 ing shall be available for expiring or terminating section 

24 8 project-based subsidy contracts (including section 8 

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1 tion 8 project-based subsidy contracts (including section 

2 8 moderate rehabilitation contracts), for contracts entered 

3 into pursuant to section 441 of the McKinney-Vento 

4 Homeless Assistance Act (42 U.S.C. 11401), for renewal 

5 of section 8 contracts for units in projects that are subject 

6 to approved plans of action under the Emergency Low In7 come Housing Preservation Act of 1987 or the Low-In8 come Housing Preservation and Resident Homeownership 

9 Act of 1990, and for administrative and other expenses 

10 associated with project-based activities and assistance 

11 funded under this paragraph: Provided further, That of 

12 the total amounts provided under this heading, not to ex13 ceed $315,000,000 shall be available for performance14 based contract administrators for section 8 project-based 

15 assistance: Provided further, That the Secretary of Hous16 ing and Urban Development may also use such amounts 

17 in the previous proviso for performance-based contract ad18 ministrators for the administration of: interest reduction 

19 payments pursuant to section 236(a) of the National 

20 Housing Act (12 U.S.C. 1715z–1(a)); rent supplement 

21 payments pursuant to section 101 of the Housing and 

22 Urban Development Act of 1965 (12 U.S.C. 1701s); sec23 tion 236(f)(2) rental assistance payments (12 U.S.C. 

24 1715z–1(f)(2)); project rental assistance contracts for the 

25 elderly under section 202(c)(2) of the Housing Act of 


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1 1959 (12 U.S.C. 1701q); project rental assistance con2 tracts for supportive housing for persons with disabilities 

3 under section 811(d)(2) of the Cranston-Gonzalez Na4 tional Affordable Housing Act (42 U.S.C. 8013(d)(2)); 

5 project assistance contracts pursuant to section 202(h) of 

6 the Housing Act of 1959 (Public Law 86–372; 73 Stat. 

7 667); and loans under section 202 of the Housing Act of 

8 1959 (Public Law 86–372; 73 Stat. 667): Provided fur9 ther, That amounts recaptured under this heading, the 

10 heading ‘‘Annual Contributions for Assisted Housing’’, or 

11 the heading ‘‘Housing Certificate Fund’’ may be used for 

12 renewals of or amendments to section 8 project-based con13 tracts or for performance-based contract administrators, 

14 notwithstanding the purposes for which such amounts 

15 were appropriated. 

16 HOUSING FOR THE ELDERLY

17 For capital advances, including amendments to cap18 ital advance contracts, for housing for the elderly, as au19 thorized by section 202 of the Housing Act of 1959, as 

20 amended, and for project rental assistance for the elderly 

21 under section 202(c)(2) of such Act, including amend22 ments to contracts for such assistance and renewal of ex23 piring contracts for such assistance for up to a 1-year 

24 term, and for supportive services associated with the hous25 ing, $825,000,000, to remain available until September 


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1 30, 2014, of which up to $491,300,000 shall be for capital 

2 advance and project-based rental assistance awards: Pro3 vided, That amounts for project rental assistance con4 tracts are to remain available for the liquidation of valid 

5 obligations for 10 years following the date of such obliga6 tion: Provided further, That of the amount provided under 

7 this heading, up to $90,000,000 shall be for service coordi8 nators and the continuation of existing congregate service 

9 grants for residents of assisted housing projects, and of 

10 which up to $40,000,000 shall be for grants under section 

11 202b of the Housing Act of 1959 (12 U.S.C. 1701q–2) 

12 for conversion of eligible projects under such section to 

13 assisted living or related use and for substantial and emer14 gency capital repairs as determined by the Secretary: Pro15 vided further, That of the amount made available under 

16 this heading, $20,000,000 shall be available to the Sec17 retary of Housing and Urban Development only for mak18 ing competitive grants to private nonprofit organizations 

19 and consumer cooperatives for covering costs of architec20 tural and engineering work, site control, and other plan21 ning relating to the development of supportive housing for 

22 the elderly that is eligible for assistance under section 202 

23 of the Housing Act of 1959 (12 U.S.C. 1701q): Provided 

24 further, That amounts under this heading shall be avail25 able for Real Estate Assessment Center inspections and 


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1 inspection-related activities associated with section 202 

2 capital advance projects: Provided further, That the Sec3 retary may waive the provisions of section 202 governing 

4 the terms and conditions of project rental assistance, ex5 cept that the initial contract term for such assistance shall 

6 not exceed 5 years in duration. 

7 HOUSING FOR PERSONS WITH DISABILITIES

8 For capital advance contracts, including amendments 

9 to capital advance contracts, for supportive housing for 

10 persons with disabilities, as authorized by section 811 of 

11 the Cranston-Gonzalez National Affordable Housing Act 

12 (42 U.S.C. 8013), for project rental assistance for sup13 portive housing for persons with disabilities under section 

14 811(d)(2) of such Act, including amendments to contracts 

15 for such assistance and renewal of expiring contracts for 

16 such assistance for up to a 1-year term, and for supportive 

17 services associated with the housing for persons with dis18 abilities as authorized by section 811(b)(1) of such Act, 

19 and for tenant-based rental assistance contracts entered 

20 into pursuant to section 811 of such Act, $300,000,000, 

21 of which up to $209,900,000 shall be for capital advances 

22 and project-based rental assistance contracts, to remain 

23 available until September 30, 2014: Provided, That 

24 amounts for project rental assistance contracts are to re25 main available for the liquidation of valid obligations for 


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1 10 years following the date of such obligation: Provided 

2 further, That the Secretary may waive the provisions of 

3 section 811 governing the terms and conditions of project 

4 rental assistance, except that the initial contract term for 

5 such assistance shall not exceed 5 years in duration: Pro6 vided further, That amounts made available under this 

7 heading shall be available for Real Estate Assessment 

8 Center inspections and inspection-related activities associ9 ated with section 811 Capital Advance Projects. 

10 HOUSING COUNSELING ASSISTANCE

11 For contracts, grants, and other assistance excluding 

12 loans, as authorized under section 106 of the Housing and 

13 Urban Development Act of 1968, as amended, 

14 $88,000,000, including up to $2,500,000 for administra15 tive contract services, to remain available until September 

16 30, 2012: Provided, That funds shall be used for providing 

17 counseling and advice to tenants and homeowners, both 

18 current and prospective, with respect to property mainte19 nance, financial management/literacy, and such other mat20 ters as may be appropriate to assist them in improving 

21 their housing conditions, meeting their financial needs, 

22 and fulfilling the responsibilities of tenancy or homeowner23 ship; for program administration; and for housing coun24 selor training. 


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1 OTHER ASSISTED HOUSING PROGRAMS

2 RENTAL HOUSING ASSISTANCE

3 For amendments to contracts under section 101 of 

4 the Housing and Urban Development Act of 1965 (12 

5 U.S.C. 1701s) and section 236(f)(2) of the National 

6 Housing Act (12 U.S.C. 1715z–1) in State-aided, non-in7 sured rental housing projects, $40,600,000, to remain 

8 available until expended. 

9 RENT SUPPLEMENT

10 (RESCISSION)

11 Of the amounts recaptured from terminated con12 tracts under section 101 of the Housing and Urban Devel13 opment Act of 1965 (12 U.S.C. 1701s) and section 236 

14 of the National Housing Act (12 U.S.C. 1715z–1) 

15 $40,600,000 are rescinded: Provided, That no amounts 

16 may be rescinded from amounts that were designated by 

17 the Congress as an emergency requirement pursuant to 

18 the Concurrent Resolution on the Budget or the Balanced 

19 Budget and Emergency Deficit Control Act of 1985, as 

20 amended. 

21 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

22 FUND

23 For necessary expenses as authorized by the National 

24 Manufactured Housing Construction and Safety Stand25 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 


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1 $14,000,000, to remain available until expended, of which 

2 $7,000,000 is to be derived from the Manufactured Hous3 ing Fees Trust Fund: Provided, That not to exceed the 

4 total amount appropriated under this heading shall be 

5 available from the general fund of the Treasury to the ex6 tent necessary to incur obligations and make expenditures 

7 pending the receipt of collections to the Fund pursuant 

8 to section 620 of such Act: Provided further, That the 

9 amount made available under this heading from the gen10 eral fund shall be reduced as such collections are received 

11 during fiscal year 2011 so as to result in a final fiscal 

12 year 2011 appropriation from the general fund estimated 

13 at not more than $7,000,000 and fees pursuant to such 

14 section 620 shall be modified as necessary to ensure such 

15 a final fiscal year 2011 appropriation: Provided further, 

16 That for the dispute resolution and installation programs, 

17 the Secretary of Housing and Urban Development may 

18 assess and collect fees from any program participant: Pro19 vided further, That such collections shall be deposited into 

20 the Fund, and the Secretary, as provided herein, may use 

21 such collections, as well as fees collected under section 

22 620, for necessary expenses of such Act: Provided further, 

23 That notwithstanding the requirements of section 620 of 

24 such Act, the Secretary may carry out responsibilities of 

25 the Secretary under such Act through the use of approved 


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1 service providers that are paid directly by the recipients 

2 of their services. 

3 FEDERAL HOUSING ADMINISTRATION

4 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 New commitments to guarantee single family loans 

7 insured under the Mutual Mortgage Insurance Fund shall 

8 not exceed $400,000,000,000, to remain available until 

9 September 30, 2012: Provided, That for the cost of new 

10 guaranteed loans, as authorized by section 255 of the Na11 tional Housing Act (12 U.S.C. 17152–20), $150,000,000 

12 (reduced by $10,000,000): Provided further, That during 

13 fiscal year 2011, obligations to make direct loans to carry 

14 out the purposes of section 204(g) of the National Hous15 ing Act, as amended, shall not exceed $50,000,000: Pro16 vided further, That the foregoing amount in the previous 

17 proviso shall be for loans to nonprofit and governmental 

18 entities in connection with sales of single family real prop19 erties owned by the Secretary and formerly insured under 

20 the Mutual Mortgage Insurance Fund. For administrative 

21 contract expenses of the Federal Housing Administration, 

22 $207,000,000, to remain available until September 30, 

23 2012, of which up to $71,500,000 may be transferred to 

24 the Working Capital Fund: Provided further, That to the 

25 extent guaranteed loan commitments exceed 


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1 $200,000,000,000 on or before April 1, 2011, an addi2 tional $1,400 for administrative contract expenses shall be 

3 available for each $1,000,000 in additional guaranteed 

4 loan commitments (including a pro rata amount for any 

5 amount below $1,000,000), but in no case shall funds 

6 made available by this proviso exceed $30,000,000. 

7 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

8 During fiscal year 2011, commitments to guarantee 

9 loans incurred under the General and Special Risk Insur10 ance Funds, as authorized by sections 238 and 519 of the 

11 National Housing Act (12 U.S.C. 1715z–3 and 1735c), 

12 shall not exceed $20,000,000,000 in total loan principal, 

13 any part of which is to be guaranteed. 

14 Gross obligations for the principal amount of direct 

15 loans, as authorized by sections 204(g), 207(l), 238, and 

16 519(a) of the National Housing Act, shall not exceed 

17 $20,000,000,which shall be for loans to non-profit and 

18 governmental entities in connection with the sale of single 

19 family real properties owned by the Secretary and for20 merly insured under such Act. 

21 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

22 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

23 GUARANTEE PROGRAM ACCOUNT

24 New commitments to issue guarantees to carry out 

25 the purposes of section 306 of the National Housing Act, 


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1 as amended (12 U.S.C. 1721(g)), shall not exceed 

2 $500,000,000,000, to remain available until September 

3 30, 2012. 

4 POLICY DEVELOPMENT AND RESEARCH

5 RESEARCH AND TECHNOLOGY

6 For contracts, grants, and necessary expenses of pro7 grams of research and studies relating to housing and 

8 urban problems, not otherwise provided for, as authorized 

9 by title V of the Housing and Urban Development Act 

10 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

11 out the functions of the Secretary of Housing and Urban 

12 Development under section 1(a)(1)(i) of Reorganization 

13 Plan No. 2 of 1968, $50,000,000, to remain available 

14 until September 30, 2012. 

15 FAIR HOUSING AND EQUAL OPPORTUNITY

16 FAIR HOUSING ACTIVITIES

17 For contracts, grants, and other assistance, not oth18 erwise provided for, as authorized by title VIII of the Civil 

19 Rights Act of 1968, as amended by the Fair Housing 

20 Amendments Act of 1988, and section 561 of the Housing 

21 and Community Development Act of 1987, as amended, 

22 $72,000,000, to remain available until September 30, 

23 2012, of which $42,500,000 shall be to carry out activities 

24 pursuant to such section 561: Provided, That notwith25 standing 31 U.S.C. 3302, the Secretary may assess and 


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1 collect fees to cover the costs of the Fair Housing Training 

2 Academy, and may use such funds to provide such train3 ing: Provided further, That no funds made available under 

4 this heading shall be used to lobby the executive or legisla5 tive branches of the Federal Government in connection 

6 with a specific contract, grant or loan. 

7 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

8 HOMES

9 LEAD HAZARD REDUCTION

10 For the Lead Hazard Reduction Program, as author11 ized by section 1011 of the Residential Lead-Based Paint 

12 Hazard Reduction Act of 1992, $140,000,000, to remain 

13 available until September 30, 2012, of which not less than 

14 $40,000,000 shall be for the Healthy Homes Initiative, 

15 pursuant to sections 501 and 502 of the Housing and 

16 Urban Development Act of 1970 that shall include re17 search, studies, testing, and demonstration efforts, includ18 ing education and outreach concerning lead-based paint 

19 poisoning and other housing-related diseases and hazards: 

20 Provided, That for purposes of environmental review, pur21 suant to the National Environmental Policy Act of 1969 

22 (42 U.S.C. 4321 et seq.) and other provisions of the law 

23 that further the purposes of such Act, a grant under the 

24 Healthy Homes Initiative, Operation Lead Elimination 

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1 gram under this heading or under prior appropriations 

2 Acts for such purposes under this heading, shall be consid3 ered to be funds for a special project for purposes of sec4 tion 305(c) of the Multifamily Housing Property Disposi5 tion Reform Act of 1994: Provided further, That amounts 

6 made available under this heading in this or prior appro7 priations Acts, and that still remain available, may be used 

8 for any purpose under this heading notwithstanding the 

9 purpose for which such amounts were appropriated if a 

10 program competition is undersubscribed and there are 

11 other program competitions under this heading that are 

12 oversubscribed: Provided further, That a Notice of Fund13 ing Availability shall be issued not later than 60 days after 

14 enactment of this Act. 

15 MANAGEMENT AND ADMINISTRATION

16 WORKING CAPITAL FUND

17 For additional capital for the Working Capital Fund 

18 (42 U.S.C. 3535) for the maintenance of infrastructure 

19 for Department-wide information technology systems, for 

20 the continuing operation and maintenance of both Depart21 ment-wide and program-specific information systems, and 

22 for program-related maintenance activities, $243,500,000, 

23 to remain available until September 30, 2012: Provided, 

24 That any amounts transferred to this Fund under this Act 

25 shall remain available until expended: Provided further, 


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1 That any amounts transferred to this Fund from amounts 

2 appropriated by previously enacted appropriations Acts or 

3 from within this Act may be used only for the purposes 

4 specified under this Fund, in addition to the purposes for 

5 which such amounts were appropriated: Provided further, 

6 That up to $15,000,000 may be transferred to this ac7 count from all other accounts in this title (except for the 

8 Office of the Inspector General account) that make funds 

9 available for salaries and expenses. 

10 OFFICE OF INSPECTOR GENERAL

11 For necessary salaries and expenses of the Office of 

12 Inspector General in carrying out the Inspector General 

13 Act of 1978, as amended, $122,000,000: Provided, That 

14 the Inspector General shall have independent authority 

15 over all personnel issues within this office. 

16 TRANSFORMATION INITIATIVE

17 For necessary expenses for combating mortgage 

18 fraud, $20,000,000, to remain available until expended. 

19 In addition, of the amounts made available in this 

20 Act under each of the following headings under this title, 

21 the Secretary may transfer to, and merge with, this ac22 count up to 1 percent from each such account, and such 

23 transferred amounts shall be available until September 30, 

24 2014, for: (1) research, evaluation, and program metrics; 

25 (2) program demonstrations; (3) technical assistance and 


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1 capacity building; and (4) information technology: ‘‘Ten2 ant-Based Rental Assistance’’, ‘‘Public Housing Operating 

3 Fund’’, ‘‘Indian Housing Loan Guarantee Fund Program 

4 Account’’, ‘‘Native Hawaiian Housing Block Grants’’, 

5 ‘‘Housing Opportunities for Persons With AIDS’’, ‘‘Com6 munity Development Fund’’, ‘‘Housing Counseling Assist7 ance’’, ‘‘Payment to Manufactured Housing Fees Trust 

8 Fund’’, ‘‘Mutual Mortgage Insurance Program Account’’, 

9 ‘‘Lead Hazard Reduction’’, and ‘‘Rental Housing Assist10 ance’’: Provided, That of the amounts made available 

11 under this paragraph, not less than $130,000,000 shall 

12 be available for information technology modernization, in13 cluding development and deployment of a Next Generation 

14 of Voucher Management System and development and de15 ployment of modernized Federal Housing Administration 

16 systems: Provided further, That not more than 25 percent 

17 of the funds made available for information technology 

18 modernization may be obligated until the Secretary sub19 mits to the Committees on Appropriations a plan for ex20 penditure that: (1) identifies for each modernization 

21 project: (a) the functional and performance capabilities to 

22 be delivered and the mission benefits to be realized; (b) 

23 the estimated lifecycle cost; and (c) key milestones to be 

24 met; (2) demonstrates that each modernization project is: 

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1 ture; (b) being managed in accordance with applicable 

2 lifecycle management policies and guidance; (c) subject to 

3 the department’s capital planning and investment control 

4 requirements; and (d) supported by an adequately staffed 

5 project office; and (3) has been reviewed by the Govern6 ment Accountability Office: Provided further, That of the 

7 amounts made available under this paragraph, not less 

8 than $40,000,000 shall be available for technical assist9 ance and capacity building: Provided further, That tech10 nical assistance activities shall include, technical assist11 ance for HUD programs, including HOME, Community 

12 Development Block Grant, homeless programs, HOPWA, 

13 HOPE VI, Public Housing, the Housing Choice Voucher 

14 Program, Fair Housing Initiative Program, Housing 

15 Counseling, Healthy Homes, Sustainable Communities, 

16 Energy Innovation Fund and other technical assistance as 

17 determined by the Secretary: Provided further, That of the 

18 amounts made available for research, evaluation and pro19 gram metrics and program demonstrations, the Secretary 

20 shall include an assessment of the effectiveness of HUD 

21 funded service coordinators: Provided further, That the 

22 Secretary shall submit a plan to the House and Senate 

23 Committees on Appropriations for approval detailing how 

24 the funding provided under this heading will be allocated 

25 to each of the categories identified under this heading and 


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1 for what projects or activities funding will be used: Pro2 vided further, That following the initial approval of this 

3 plan, the Secretary may amend the plan with the approval 

4 of the House and Senate Committees on Appropriations. 

5 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

6 URBAN DEVELOPMENT

7 SEC. 201. Fifty percent of the amounts of budget au8 thority, or in lieu thereof 50 percent of the cash amounts 

9 associated with such budget authority, that are recaptured 

10 from projects described in section 1012(a) of the Stewart 

11 B. McKinney Homeless Assistance Amendments Act of 

12 1988 (42 U.S.C. 1437 note) shall be rescinded or in the 

13 case of cash, shall be remitted to the Treasury, and such 

14 amounts of budget authority or cash recaptured and not 

15 rescinded or remitted to the Treasury shall be used by 

16 State housing finance agencies or local governments or 

17 local housing agencies with projects approved by the Sec18 retary of Housing and Urban Development for which set19 tlement occurred after January 1, 1992, in accordance 

20 with such section. Notwithstanding the previous sentence, 

21 the Secretary may award up to 15 percent of the budget 

22 authority or cash recaptured and not rescinded or remitted 

23 to the Treasury to provide project owners with incentives 

24 to refinance their project at a lower interest rate. 


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1 SEC. 202. None of the amounts made available under 

2 this Act may be used during fiscal year 2011 to investigate 

3 or prosecute under the Fair Housing Act any otherwise 

4 lawful activity engaged in by one or more persons, includ5 ing the filing or maintaining of a non-frivolous legal ac6 tion, that is engaged in solely for the purpose of achieving 

7 or preventing action by a Government official or entity, 

8 or a court of competent jurisdiction. 

9 SEC. 203. (a) Notwithstanding section 854(c)(1)(A) 

10 of the AIDS Housing Opportunity Act (42 U.S.C. 

11 12903(c)(1)(A)), from any amounts made available under 

12 this title for fiscal year 2011 that are allocated under such 

13 section, the Secretary of Housing and Urban Development 

14 shall allocate and make a grant, in the amount determined 

15 under subsection (b), for any State that— 

16 (1) received an allocation in a prior fiscal year 

17 under clause (ii) of such section; and 

18 (2) is not otherwise eligible for an allocation for 

19 fiscal year 2011 under such clause (ii) because the 

20 areas in the State outside of the metropolitan statis21 tical areas that qualify under clause (i) in fiscal year 

22 2011 do not have the number of cases of acquired 

23 immunodeficiency syndrome (AIDS) required under 

24 such clause. 


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1 (b) The amount of the allocation and grant for any 

2 State described in subsection (a) shall be an amount based 

3 on the cumulative number of AIDS cases in the areas of 

4 that State that are outside of metropolitan statistical 

5 areas that qualify under clause (i) of such section 

6 854(c)(1)(A) in fiscal year 2011, in proportion to AIDS 

7 cases among cities and States that qualify under clauses 

8 (i) and (ii) of such section and States deemed eligible 

9 under subsection (a). 

10 (c) Notwithstanding any other provision of law, the 

11 amount allocated for fiscal year 2011 under section 854(c) 

12 of the AIDS Housing Opportunity Act (42 U.S.C. 

13 12903(c)), to the City of New York, New York, on behalf 

14 of the New York-Wayne-White Plains, New York-New 

15 Jersey Metropolitan Division (hereafter ‘‘metropolitan di16 vision’’) of the New York-Newark-Edison, NY–NJ–PA 

17 Metropolitan Statistical Area, shall be adjusted by the 

18 Secretary of Housing and Urban Development by: (1) allo19 cating to the City of Jersey City, New Jersey, the propor20 tion of the metropolitan area’s or division’s amount that 

21 is based on the number of cases of AIDS reported in the 

22 portion of the metropolitan area or division that is located 

23 in Hudson County, New Jersey, and adjusting for the pro24 portion of the metropolitan division’s high incidence bonus 

25 if this area in New Jersey also has a higher than average 


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1 per capita incidence of AIDS; and (2) allocating to the 

2 City of Paterson, New Jersey, the proportion of the metro3 politan area’s or division’s amount that is based on the 

4 number of cases of AIDS reported in the portion of the 

5 metropolitan area or division that is located in Bergen 

6 County and Passaic County, New Jersey, and adjusting 

7 for the proportion of the metropolitan division’s high inci8 dence bonus if this area in New Jersey also has a higher 

9 than average per capita incidence of AIDS. The recipient 

10 cities shall use amounts allocated under this subsection 

11 to carry out eligible activities under section 855 of the 

12 AIDS Housing Opportunity Act (42 U.S.C. 12904) in 

13 their respective portions of the metropolitan division that 

14 is located in New Jersey. 

15 (d) Notwithstanding any other provision of law, the 

16 amount allocated for fiscal year 2011 under section 854(c) 

17 of the AIDS Housing Opportunity Act (42 U.S.C. 

18 12903(c)) to areas with a higher than average per capita 

19 incidence of AIDS, shall be adjusted by the Secretary on 

20 the basis of area incidence reported over a 3-year period. 

21 SEC. 204. Except as explicitly provided in law, any 

22 grant, cooperative agreement or other assistance made 

23 pursuant to title II of this Act shall be made on a competi24 tive basis and in accordance with section 102 of the DeVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 partment of Housing and Urban Development Reform Act 

2 of 1989 (42 U.S.C. 3545). 

3 SEC. 205. Funds of the Department of Housing and 

4 Urban Development subject to the Government Corpora5 tion Control Act or section 402 of the Housing Act of 

6 1950 shall be available, without regard to the limitations 

7 on administrative expenses, for legal services on a contract 

8 or fee basis, and for utilizing and making payment for 

9 services and facilities of the Federal National Mortgage 

10 Association, Government National Mortgage Association, 

11 Federal Home Loan Mortgage Corporation, Federal Fi12 nancing Bank, Federal Reserve banks or any member 

13 thereof, Federal Home Loan banks, and any insured bank 

14 within the meaning of the Federal Deposit Insurance Cor15 poration Act, as amended (12 U.S.C. 1811–1). 

16 SEC. 206. Unless otherwise provided for in this Act 

17 or through a reprogramming of funds, no part of any ap18 propriation for the Department of Housing and Urban 

19 Development shall be available for any program, project 

20 or activity in excess of amounts set forth in the budget 

21 estimates submitted to Congress. 

22 SEC. 207. Corporations and agencies of the Depart23 ment of Housing and Urban Development which are sub24 ject to the Government Corporation Control Act, are here25 by authorized to make such expenditures, within the limits 


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1 of funds and borrowing authority available to each such 

2 corporation or agency and in accordance with law, and to 

3 make such contracts and commitments without regard to 

4 fiscal year limitations as provided by section 104 of such 

5 Act as may be necessary in carrying out the programs set 

6 forth in the budget for 2011 for such corporation or agen7 cy except as hereinafter provided: Provided, That collec8 tions of these corporations and agencies may be used for 

9 new loan or mortgage purchase commitments only to the 

10 extent expressly provided for in this Act (unless such loans 

11 are in support of other forms of assistance provided for 

12 in this or prior appropriations Acts), except that this pro13 viso shall not apply to the mortgage insurance or guaranty 

14 operations of these corporations, or where loans or mort15 gage purchases are necessary to protect the financial in16 terest of the United States Government. 

17 SEC. 208. The Secretary of Housing and Urban De18 velopment shall provide quarterly reports to the House 

19 and Senate Committees on Appropriations regarding all 

20 uncommitted, unobligated, recaptured and excess funds in 

21 each program and activity within the jurisdiction of the 

22 Department and shall submit additional, updated budget 

23 information to these Committees upon request. 

24 SEC. 209. (a) Notwithstanding any other provision 

25 of law, the amount allocated for fiscal year 2011 under 


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1 section 854(c) of the AIDS Housing Opportunity Act (42 

2 U.S.C. 12903(c)), to the City of Wilmington, Delaware, 

3 on behalf of the Wilmington, Delaware-Maryland-New 

4 Jersey Metropolitan Division (hereafter ‘‘metropolitan di5 vision’’), shall be adjusted by the Secretary of Housing 

6 and Urban Development by allocating to the State of New 

7 Jersey the proportion of the metropolitan division’s 

8 amount that is based on the number of cases of AIDS 

9 reported in the portion of the metropolitan division that 

10 is located in New Jersey, and adjusting for the proportion 

11 of the metropolitan division’s high incidence bonus if this 

12 area in New Jersey also has a higher than average per 

13 capita incidence of AIDS. The State of New Jersey shall 

14 use amounts allocated to the State under this subsection 

15 to carry out eligible activities under section 855 of the 

16 AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 

17 portion of the metropolitan division that is located in New 

18 Jersey. 

19 (b) Notwithstanding any other provision of law, the 

20 Secretary of Housing and Urban Development shall allo21 cate to Wake County, North Carolina, the amounts that 

22 otherwise would be allocated for fiscal year 2011 under 

23 section 854(c) of the AIDS Housing Opportunity Act (42 

24 U.S.C. 12903(c)) to the City of Raleigh, North Carolina, 

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1 tan Statistical Area. Any amounts allocated to Wake 

2 County shall be used to carry out eligible activities under 

3 section 855 of such Act (42 U.S.C. 12904) within such 

4 metropolitan statistical area. 

5 (c) Notwithstanding section 854(c) of the AIDS 

6 Housing Opportunity Act (42 U.S.C. 12903(c)), the Sec7 retary of Housing and Urban Development may adjust the 

8 allocation of the amounts that otherwise would be allo9 cated for fiscal year 2011 under section 854(c) of such 

10 Act, upon the written request of an applicant, in conjunc11 tion with the State(s), for a formula allocation on behalf 

12 of a metropolitan statistical area, to designate the State 

13 or States in which the metropolitan statistical area is lo14 cated as the eligible grantee(s) of the allocation. In the 

15 case that a metropolitan statistical area involves more 

16 than one State, such amounts allocated to each State shall 

17 be in proportion to the number of cases of AIDS reported 

18 in the portion of the metropolitan statistical area located 

19 in that State. Any amounts allocated to a State under this 

20 section shall be used to carry out eligible activities within 

21 the portion of the metropolitan statistical area located in 

22 that State. 

23 SEC. 210. The President’s formal budget request for 

24 fiscal year 2012, as well as the Department of Housing 

25 and Urban Development’s congressional budget justificaVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 tions to be submitted to the Committees on Appropriations 

2 of the House of Representatives and the Senate, shall use 

3 the identical account and sub-account structure provided 

4 under this Act. 

5 SEC. 211. A public housing agency or such other enti6 ty that administers Federal housing assistance for the 

7 Housing Authority of the county of Los Angeles, Cali8 fornia, the States of Alaska, Iowa, and Mississippi shall 

9 not be required to include a resident of public housing or 

10 a recipient of assistance provided under section 8 of the 

11 United States Housing Act of 1937 on the board of direc12 tors or a similar governing board of such agency or entity 

13 as required under section (2)(b) of such Act. Each public 

14 housing agency or other entity that administers Federal 

15 housing assistance under section 8 for the Housing Au16 thority of the county of Los Angeles, California and the 

17 States of Alaska, Iowa and Mississippi that chooses not 

18 to include a resident of Public Housing or a recipient of 

19 section 8 assistance on the board of directors or a similar 

20 governing board shall establish an advisory board of not 

21 less than six residents of public housing or recipients of 

22 section 8 assistance to provide advice and comment to the 

23 public housing agency or other administering entity on 

24 issues related to public housing and section 8. Such advi25 sory board shall meet not less than quarterly. 


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1 SEC. 212. (a) Notwithstanding any other provision 

2 of law, subject to the conditions listed in subsection (b), 

3 for fiscal years 2011 and 2012, the Secretary of Housing 

4 and Urban Development may authorize the transfer of 

5 some or all project-based assistance, debt and statutorily 

6 required low-income and very low-income use restrictions, 

7 associated with one or more multifamily housing project 

8 to another multifamily housing project or projects. 

9 (b) The transfer authorized in subsection (a) is sub10 ject to the following conditions: 

11 (1) The number of low-income and very low-in12 come units and the net dollar amount of Federal as13 sistance provided by the transferring project shall 

14 remain the same in the receiving project or projects. 

15 (2) The transferring project shall, as deter16 mined by the Secretary, be either physically obsolete 

17 or economically non-viable. 

18 (3) The receiving project or projects shall meet 

19 or exceed applicable physical standards established 

20 by the Secretary. 

21 (4) The owner or mortgagor of the transferring 

22 project shall notify and consult with the tenants re23 siding in the transferring project and provide a cer24 tification of approval by all appropriate local govern25 mental officials. 


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1 (5) The tenants of the transferring project who 

2 remain eligible for assistance to be provided by the 

3 receiving project or projects shall not be required to 

4 vacate their units in the transferring project or 

5 projects until new units in the receiving project are 

6 available for occupancy. 

7 (6) The Secretary determines that this transfer 

8 is in the best interest of the tenants. 

9 (7) If either the transferring project or the re10 ceiving project or projects meets the condition speci11 fied in subsection (c)(2)(A), any lien on the receiving 

12 project resulting from additional financing obtained 

13 by the owner shall be subordinate to any FHA-in14 sured mortgage lien transferred to, or placed on, 

15 such project by the Secretary. 

16 (8) If the transferring project meets the re17 quirements of subsection (c)(2)(E), the owner or 

18 mortgagor of the receiving project or projects shall 

19 execute and record either a continuation of the exist20 ing use agreement or a new use agreement for the 

21 project where, in either case, any use restrictions in 

22 such agreement are of no lesser duration than the 

23 existing use restrictions. 

24 (9) Any financial risk to the FHA General and 

25 Special Risk Insurance Fund, as determined by the 


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1 Secretary, would be reduced as a result of a transfer 

2 completed under this section. 

3 (10) The Secretary determines that Federal li4 ability with regard to this project will not be in5 creased. 

6 (c) For purposes of this section— 

7 (1) the terms ‘‘low-income’’ and ‘‘very low-in8 come’’ shall have the meanings provided by the stat9 ute and/or regulations governing the program under 

10 which the project is insured or assisted; 

11 (2) the term ‘‘multifamily housing project’’ 

12 means housing that meets one of the following con13 ditions— 

14 (A) housing that is subject to a mortgage 

15 insured under the National Housing Act; 

16 (B) housing that has project-based assist17 ance attached to the structure including 

18 projects undergoing mark to market debt re19 structuring under the Multifamily Assisted 

20 Housing Reform and Affordability Housing Act; 

21 (C) housing that is assisted under section 

22 202 of the Housing Act of 1959 as amended by 

23 section 801 of the Cranston-Gonzales National 

24 Affordable Housing Act; 


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1 (D) housing that is assisted under section 

2 202 of the Housing Act of 1959, as such sec3 tion existed before the enactment of the Cran4 ston-Gonzales National Affordable Housing Act; 

5 or 

6 (E) housing or vacant land that is subject 

7 to a use agreement; 

8 (3) the term ‘‘project-based assistance’’ 

9 means— 

10 (A) assistance provided under section 8(b) 

11 of the United States Housing Act of 1937; 

12 (B) assistance for housing constructed or 

13 substantially rehabilitated pursuant to assist14 ance provided under section 8(b)(2) of such Act 

15 (as such section existed immediately before Oc16 tober 1, 1983); 

17 (C) rent supplement payments under sec18 tion 101 of the Housing and Urban Develop19 ment Act of 1965; 

20 (D) interest reduction payments under sec21 tion 236 and/or additional assistance payments 

22 under section 236(f)(2) of the National Hous23 ing Act; and 

24 (E) assistance payments made under sec25 tion 202(c)(2) of the Housing Act of 1959; 


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1 (4) the term ‘‘receiving project or projects’’ 

2 means the multifamily housing project or projects to 

3 which some or all of the project-based assistance, 

4 debt, and statutorily required use low-income and 

5 very low-income restrictions are to be transferred; 

6 (5) the term ‘‘transferring project’’ means the 

7 multifamily housing project which is transferring 

8 some or all of the project-based assistance, debt and 

9 the statutorily required low-income and very low-in10 come use restrictions to the receiving project or 

11 projects; and 

12 (6) the term ‘‘Secretary’’ means the Secretary 

13 of Housing and Urban Development. 

14 SEC. 213. The funds made available for Native Alas15 kans under the heading ‘‘Native American Housing Block 

16 Grants’’ in title III of this Act shall be allocated to the 

17 same Native Alaskan housing block grant recipients that 

18 received funds in fiscal year 2005. 

19 SEC. 214. No funds provided under this title may be 

20 used for an audit of the Government National Mortgage 

21 Association that makes applicable requirements under the 

22 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

23 SEC. 215. (a) No assistance shall be provided under 

24 section 8 of the United States Housing Act of 1937 (42 

25 U.S.C. 1437f) to any individual who— 


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1 (1) is enrolled as a student at an institution of higher 

2 education (as defined under section 102 of the Higher 

3 Education Act of 1965 (20 U.S.C. 1002)); 

4 (2) is under 24 years of age; 

5 (3) is not a veteran; 

6 (4) is unmarried; 

7 (5) does not have a dependent child; 

8 (6) is not a person with disabilities, as such term is 

9 defined in section 3(b)(3)(E) of the United States Hous10 ing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not 

11 receiving assistance under such section 8 as of November 

12 30, 2005; and 

13 (7) is not otherwise individually eligible, or has par14 ents who, individually or jointly, are not eligible, to receive 

15 assistance under section 8 of the United States Housing 

16 Act of 1937 (42 U.S.C. 1437f). 

17 (b) For purposes of determining the eligibility of a 

18 person to receive assistance under section 8 of the United 

19 States Housing Act of 1937 (42 U.S.C. 1437f), any finan20 cial assistance (in excess of amounts received for tuition) 

21 that an individual receives under the Higher Education 

22 Act of 1965 (20 U.S.C. 1001 et seq.), from private 

23 sources, or an institution of higher education (as defined 

24 under the Higher Education Act of 1965 (20 U.S.C. 

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1 cept for a person over the age of 23 with dependent chil2 dren. 

3 SEC. 216. (a) Section 255(g) of the National Housing 

4 Act (12 U.S.C. 1715z–20) is amended by striking the first 

5 sentence. 

6 SEC. 217. Notwithstanding any other provision of 

7 law, in fiscal year 2010, in managing and disposing of any 

8 multifamily property that is owned or has a mortgage held 

9 by the Secretary of Housing and Urban Development, the 

10 Secretary shall maintain any rental assistance payments 

11 under section 8 of the United States Housing Act of 1937 

12 and other programs that are attached to any dwelling 

13 units in the property. To the extent the Secretary deter14 mines, in consultation with the tenants and the local gov15 ernment, that such a multifamily property owned or held 

16 by the Secretary is not feasible for continued rental assist17 ance payments under such section 8 or other programs, 

18 based on consideration of: (1) the costs of rehabilitating 

19 and operating the property and all available Federal, 

20 State, and local resources, including rent adjustments 

21 under section 524 of the Multifamily Assisted Housing 

22 Reform and Affordability Act of 1997 (‘‘MAHRAA’’); and 

23 (2) environmental conditions that cannot be remedied in 

24 a cost-effective fashion, the Secretary may, in consultation 

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1 based rental assistance payments with an owner or owners 

2 of other existing housing properties, or provide other rent3 al assistance. The Secretary shall also take appropriate 

4 steps to ensure that project-based contracts remain in ef5 fect prior to foreclosure, subject to the exercise of contrac6 tual abatement remedies to assist relocation of tenants for 

7 imminent major threats to health and safety. After dis8 position of any multifamily property described under this 

9 section, the contract and allowable rent levels on such 

10 properties shall be subject to the requirements under sec11 tion 524 of MAHRAA. 

12 SEC. 218. During fiscal year 2011, in the provision 

13 of rental assistance under section 8(o) of the United 

14 States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con15 nection with a program to demonstrate the economy and 

16 effectiveness of providing such assistance for use in as17 sisted living facilities that is carried out in the counties 

18 of the State of Michigan notwithstanding paragraphs (3) 

19 and (18)(B)(iii) of such section 8(o), a family residing in 

20 an assisted living facility in any such county, on behalf 

21 of which a public housing agency provides assistance pur22 suant to section 8(o)(18) of such Act, may be required, 

23 at the time the family initially receives such assistance, 

24 to pay rent in an amount exceeding 40 percent of the 

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1 age or amount as the Secretary of Housing and Urban 

2 Development determines to be appropriate. 

3 SEC. 219. The Secretary of Housing and Urban De4 velopment shall report quarterly to the House of Rep5 resentatives and Senate Committees on Appropriations on 

6 HUD’s use of all sole source contracts, including terms 

7 of the contracts, cost, and a substantive rationale for 

8 using a sole source contract. 

9 SEC. 220. Notwithstanding any other provision of 

10 law, the recipient of a grant under section 202b of the 

11 Housing Act of 1959 (12 U.S.C. 1701q) after December 

12 26, 2000, in accordance with the unnumbered paragraph 

13 at the end of section 202(b) of such Act, may, at its op14 tion, establish a single-asset nonprofit entity to own the 

15 project and may lend the grant funds to such entity, which 

16 may be a private nonprofit organization described in sec17 tion 831 of the American Homeownership and Economic 

18 Opportunity Act of 2000. 

19 SEC. 221. (a) The amounts provided under the sub20 heading ‘‘Program Account’’ under the heading ‘‘Commu21 nity Development Loan Guarantees’’ may be used to guar22 antee, or make commitments to guarantee, notes, or other 

23 obligations issued by any State on behalf of non-entitle24 ment communities in the State in accordance with the re25 quirements of section 108 of the Housing and Community 


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1 Development Act of 1974 in fiscal year 2011 and subse2 quent years: Provided, That, any State receiving such a 

3 guarantee or commitment shall distribute all funds subject 

4 to such guarantee to the units of general local government 

5 in non-entitlement areas that received the commitment. 

6 (b) Not later than 60 days after the date of enact7 ment of this Act, the Secretary of Housing and Urban 

8 Development shall promulgate regulations governing the 

9 administration of the funds described under subsection 

10 (a). 

11 SEC. 222. Section 24 of the United States Housing 

12 Act of 1937 (42 U.S.C. 1437v) is amended— 

13 (1) in subsection (m)(1), by striking ‘‘fiscal 

14 year’’ and all that follows through the period at the 

15 end and inserting ‘‘fiscal year 2011.’’; and 

16 (2) in subsection (o), by striking ‘‘September’’ 

17 and all that follows through the period at the end 

18 and inserting ‘‘September 30, 2011.’’. 

19 SEC. 223. Public housing agencies that own and oper20 ate 400 or fewer public housing units may elect to be ex21 empt from any asset management requirement imposed by 

22 the Secretary of Housing and Urban Development in con23 nection with the operating fund rule: Provided, That an 

24 agency seeking a discontinuance of a reduction of subsidy 


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1 under the operating fund formula shall not be exempt 

2 from asset management requirements. 

3 SEC. 224. With respect to the use of amounts pro4 vided in this Act and in future Acts for the operation, cap5 ital improvement and management of public housing as 

6 authorized by sections 9(d) and 9(e) of the United States 

7 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

8 Secretary shall not impose any requirement or guideline 

9 relating to asset management that restricts or limits in 

10 any way the use of capital funds for central office costs 

11 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

12 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro13 vided, That a public housing agency may not use capital 

14 funds authorized under section 9(d) for activities that are 

15 eligible under section 9(e) for assistance with amounts 

16 from the operating fund in excess of the amounts per17 mitted under section 9(g)(1) or 9(g)(2). 

18 SEC. 225. No official or employee of the Department 

19 of Housing and Urban Development shall be designated 

20 as an allotment holder unless the Office of the Chief Fi21 nancial Officer has determined that such allotment holder 

22 has implemented an adequate system of funds control and 

23 has received training in funds control procedures and di24 rectives. The Chief Financial Officer shall ensure that, not 

25 later than 90 days after the date of enactment of this Act, 


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1 there is a trained allotment holder shall be designated for 

2 each HUD subaccount under the headings ‘‘Executive Di3 rection’’ and heading ‘‘Administration, Operations, and 

4 Management’’ as well as each account receiving appropria5 tions for ‘‘personnel compensation and benefits’’ within 

6 the Department of Housing and Urban Development. 

7 SEC. 226. Payment of attorney fees in program-re8 lated litigation must be paid from individual program of9 fice personnel benefits and compensation funding. The an10 nual budget submission for program office personnel ben11 efit and compensation funding must include program-re12 lated litigation costs for attorney fees as a separate line 

13 item request. 

14 SEC. 227. (a) APPROVAL OF PREPAYMENT OF

15 DEBT.—Upon request of the project sponsor of a project 

16 assisted with a loan under section 202 of the Housing Act 

17 of 1959 (as in effect before the enactment of the Cran18 ston-Gonzalez National Affordable Housing Act), for 

19 which the Secretary’s consent to prepayment is required, 

20 the Secretary shall approve the prepayment of any indebt21 edness to the Secretary relating to any remaining principal 

22 and interest under the loan as part of a prepayment plan 

23 under which— 

24 (1) the project sponsor agrees to operate the 

25 project until the maturity date of the original loan 


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1 under terms at least as advantageous to existing and 

2 future tenants as the terms required by the original 

3 loan agreement or any project-based rental assist4 ance payments contract under section 8 of the 

5 United States Housing Act of 1937 (or any other 

6 project-based rental housing assistance programs of 

7 the Department of Housing and Urban Develop8 ment, including the rent supplement program under 

9 section 101 of the Housing and Urban Development 

10 Act of 1965 (12 U.S.C. 1701s)) or any successor 

11 project-based rental assistance program, except as 

12 provided by subsection (a)(2)(B); and 

13 (2) the prepayment may involve refinancing of 

14 the loan if such refinancing results— 

15 (A) in a lower interest rate on the prin16 cipal of the loan for the project and in reduc17 tions in debt service related to such loan; or 

18 (B) in the case of a project that is assisted 

19 with a loan under such section 202 carrying an 

20 interest rate of 6 percent or lower, a trans21 action under which— 

22 (i) the project owner shall address the 

23 physical needs of the project; 

24 (ii) the prepayment plan for the trans25 action, including the refinancing, shall 


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1 meet a cost benefit analysis, as established 

2 by the Secretary, that the benefit of the 

3 transaction outweighs the cost of the 

4 transaction including any increases in rent 

5 charged to unassisted tenants; 

6 (iii) the overall cost for providing 

7 rental assistance under section 8 for the 

8 project (if any) is not increased, except, 

9 upon approval by the Secretary to— 

10 (I) mark-up-to-market contracts 

11 pursuant to section 524(a)(3) of the 

12 Multifamily Assisted Housing Reform 

13 and Affordability Act (42 U.S.C. 

14 1437f note), as such section is carried 

15 out by the Secretary for properties 

16 owned by nonprofit organizations; or 

17 (II) mark-up-to-budget contracts 

18 pursuant to section 524(a)(4) of the 

19 Multifamily Assisted Housing Reform 

20 and Affordability Act (42 U.S.C. 

21 1437f note), as such section is carried 

22 out by the Secretary for properties 

23 owned by eligible owners (as such 

24 term is defined in section 202(k) of 


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1 the Housing Act of 1959 (12 U.S.C. 

2 1701q(k)); 

3 (iv) the project owner may charge ten4 ants rent sufficient to meet debt service 

5 payments and operating cost requirements, 

6 as approved by the Secretary, if project7 based rental assistance is not available or 

8 is insufficient for the debt service and op9 erating cost of the project after refi10 nancing. Such approval by the Secretary— 

11 (I) shall be the basis for the 

12 owner to agree to terminate the 

13 project-based rental assistance con14 tract that is insufficient for the debt 

15 service and operating cost of the 

16 project after refinancing; and 

17 (II) shall be an eligibility event 

18 for the project for purposes of section 

19 8(t) of the United States Housing Act 

20 of 1937 (42 U.S.C. 1437f(t)); 

21 (v) units to be occupied by tenants as22 sisted under section 8(t) of the United 

23 States Housing Act of 1937 (42 U.S.C. 

24 1437f(t)) shall, upon termination of the oc25 cupancy of such tenants, become eligible 


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1 for project-based assistance under section 

2 8(o)(13) of the United States Housing Act 

3 of 1937 (42 U.S.C. 1437f(o)(13)) without 

4 regard to the percentage limitations pro5 vided in such section; and 

6 (vi) there shall be a use agreement of 

7 20 years from the date of the maturity 

8 date of the original 202 loan for all units, 

9 including units to be occupied by tenants 

10 assisted under section 8(t) of the United 

11 States Housing Act of 1937 (42 U.S.C. 

12 1437f(t)). 

13 SEC. 228. No property identified by the Secretary of 

14 Housing and Urban Development as surplus Federal prop15 erty for use to assist the homeless shall be made available 

16 to any homeless group unless the group is a member in 

17 good standing under any of HUD’s homeless assistance 

18 programs or is in good standing with any other program 

19 which receives funds from any other Federal or State 

20 agency or entity: Provided, That an exception may be 

21 made for an entity not involved with Federal homeless pro22 grams to use surplus Federal property for the homeless 

23 only after the Secretary or another responsible Federal 

24 agency has fully and comprehensively reviewed all relevant 

25 finances of the entity, the track record of the entity in 


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1 assisting the homeless, the ability of the entity to manage 

2 the property, including all costs, the ability of the entity 

3 to administer homeless programs in a manner that is ef4 fective to meet the needs of the homeless population that 

5 is expected to use the property and any other related 

6 issues that demonstrate a commitment to assist the home7 less: Provided further, That the Secretary shall not require 

8 the entity to have cash in hand in order to demonstrate 

9 financial ability but may rely on the entity’s prior dem10 onstrated fundraising ability or commitments for in-kind 

11 donations of goods and services: Provided further, That 

12 the Secretary shall make all such information and its deci13 sion regarding the award of the surplus property available 

14 to the committees of jurisdiction, including a full justifica15 tion of the appropriateness of the use of the property to 

16 assist the homeless as well as the appropriateness of the 

17 group seeking to obtain the property to use such property 

18 to assist the homeless: Provided further, That, this section 

19 shall apply to properties in fiscal years 2010 and 2011 

20 made available as surplus Federal property for use to as21 sist the homeless. 

22 SEC. 229. The Secretary of the Department of Hous23 ing and Urban Development is authorized to transfer up 

24 to 5 percent of funds appropriated for any account under 

25 this title under the heading ‘‘Personnel Compensation and 


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1 Benefits’’ to any other account under this title under the 

2 heading ‘‘Personnel Compensation and Benefits’’ only 

3 after such transfer has been submitted to, and received 

4 prior written approval by, the House and Senate Commit5 tees on Appropriations: Provided, That, no appropriation 

6 for any such account shall be increased or decreased by 

7 more than 10 percent by all such transfers. 

8 SEC. 230. Notwithstanding any other provision of 

9 law, in determining the market value of any multifamily 

10 real property or multifamily loan for any noncompetitive 

11 sale to a State or local government, the Secretary shall 

12 in fiscal year 2011 consider, but not be limited to, industry 

13 standard appraisal practices, including the cost of repairs 

14 needed to bring the property into such condition as to sat15 isfy minimum State and local code standards and the cost 

16 of maintaining the affordability restrictions imposed by 

17 the Secretary on the multifamily real property or multi18 family loan. 

19 SEC. 231. The Disaster Housing Assistance Pro20 grams, administered by the Department of Housing and 

21 Urban Development, shall be considered a ‘‘program of 

22 the Department of Housing and Urban Development’’ 

23 under section 904 of the McKinney Act for the purpose 

24 of income verifications and matching. 


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1 SEC. 232. Section 203(c)(2)(B) of the National 

2 Housing Act (12 U.S.C. 1709(c)(2)(B)) is amended to 

3 read as follows: ‘‘(B) In addition to the premium under 

4 subparagraph (A), the Secretary may establish and collect 

5 annual premium payments in an amount not exceeding 

6 1.50 percent of the remaining insured principal balance 

7 (excluding the portion of the remaining balance attrib8 utable to the premium collected under subparagraph (A) 

9 and without taking into account delinquent payments or 

10 prepayments). The Secretary, by publication of a notice 

11 in the Federal Register, may establish or change the 

12 amount of the premium under subparagraph (A) or the 

13 annual premium, and the period of the mortgage term for 

14 which an annual premium amount shall apply.’’. 

15 SEC. 233. For an additional amount for the ‘‘Admin16 istration, Operations and Management’’ account, 

17 $2,070,635, to increase the Department’s acquisition 

18 workforce capacity and capabilities: Provided, That such 

19 funds may be transferred by the Secretary to any other 

20 account in the Department to carry out the purposes pro21 vided herein: Provided further, That such transfer author22 ity is in addition to any other transfer authority provided 

23 in this Act: Provided further, That such funds shall be 

24 available only to supplement and not to supplant existing 

25 acquisition workforce activities: Provided further, That 


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1 such funds shall be available for training, recruitment, re2 tention, and hiring additional members of the acquisition 

3 workforce as defined by the Office of Federal Procurement 

4 Policy Act, as amended (41 U.S.C. 401 et seq.): Provided 

5 further, That such funds shall be available for information 

6 technology in support of acquisition workforce effective7 ness or for management solutions to improve acquisition 

8 management. 

9 SEC. 234. The paragraphs under the heading ‘‘Flexi10 ble Subsidy Fund’’ in Public Law 108–447 and in Public 

11 Law 109–115 are repealed. 

12 SEC. 235. (a) LOAN LIMIT FLOOR BASED ON 2008 

13 LEVELS.—For mortgages for which the mortgagee issues 

14 credit approval for the borrower during fiscal year 2011, 

15 if the dollar amount limitation on the principal obligation 

16 of a mortgage determined under section 203(b)(2) of the 

17 National Housing Act (12 U.S.C. 1709(b)(2)) for any size 

18 residence for any area is less than such dollar amount lim19 itation that was in effect for such size residence for such 

20 area for 2008 pursuant to section 202 of the Economic 

21 Stimulus Act of 2008 (Public Law 110–185; 122 Stat. 

22 620), notwithstanding any other provision of law or of this 

23 joint resolution, the maximum dollar amount limitation on 

24 the principal obligation of a mortgage for such size resi25 dence for such area for purposes of such section 203(b)(2) 


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1 shall be considered (except for purposes of section 255(g) 

2 of such Act (12 U.S.C. 1715z–20(g))) to be such dollar 

3 amount limitation in effect for such size residence for such 

4 area for 2008. 

5 (b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.— 

6 Notwithstanding any other provision of law or of this joint 

7 resolution, if the Secretary of Housing and Urban Devel8 opment determines, for any geographic area that is small9 er than an area for which dollar amount limitations on 

10 the principal obligation of a mortgage are determined 

11 under section 203(b)(2) of the National Housing Act, that 

12 a higher such maximum dollar amount limitation is war13 ranted for any particular size or sizes of residences in such 

14 sub-area by higher median home prices in such sub-area, 

15 the Secretary may, for mortgages for which the mortgagee 

16 issues credit approval for the borrower during calendar 

17 year 2010, increase the maximum dollar amount limita18 tion for such size or sizes of residences for such sub-area 

19 that is otherwise in effect (including pursuant to sub20 section (a) of this section), but in no case to an amount 

21 that exceeds the amount specified in section 202(a)(2) of 

22 the Economic Stimulus Act of 2008. 

23 SEC. 236. (a) LOAN LIMIT FLOOR BASED ON 2008 

24 LEVELS.—For mortgages originated during fiscal year 

25 2011, if the limitation on the maximum original principal 


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1 obligation of a mortgage that may be purchased by the 

2 Federal National Mortgage Association or the Federal 

3 Home Loan Mortgage Corporation determined under sec4 tion 302(b)(2) of the Federal National Mortgage Associa5 tion Charter Act (12 U.S.C. 1717(b)(2)) or section 

6 305(a)(2) of the Federal Home Loan Mortgage Corpora7 tion Act (12 U.S.C 1754(a)(2)) respectively, for any size 

8 residence for any area is less than such maximum original 

9 principal obligation limitation that was in effect for such 

10 size residence for such area for 2008 pursuant to section 

11 201 of the Economic Stimulus Act of 2008 (Public Law 

12 110–185; 122 Stat. 619), notwithstanding any other pro13 vision of law or of this joint resolution, the limitation on 

14 the maximum original principal obligation of a mortgage 

15 for such Association and Corporation for such size resi16 dence for such area shall be such maximum limitation in 

17 effect for such size residence for such area for 2008. 

18 (b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.— 

19 Notwithstanding any other provision of law or of this joint 

20 resolution, if the Director of the Federal Housing Finance 

21 Agency determines, for any geographic area that is smaller 

22 than an area for which limitations on the maximum origi23 nal principal obligation of a mortgage are determined for 

24 the Federal National Mortgage Association or the Federal 

25 Home Loan Mortgage Corporation, that a higher such 


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1 maximum original principal obligation limitation is war2 ranted for any particular size or sizes of residences in such 

3 sub-area by higher median home prices in such sub-area, 

4 the Director may, for mortgages originated during cal5 endar year 2010, increase the maximum original principal 

6 obligation limitation for such size or sizes of residences 

7 for such sub-area that is otherwise in effect (including 

8 pursuant to subsection (a) of this section) for such Asso9 ciation and Corporation, but in no case to an amount that 

10 exceeds the amount specified in the matter following the 

11 comma in section 201(a)(l)(B) of the Economic Stimulus 

12 Act of 2008. 

13 SEC. 237. Notwithstanding any other provision of 

14 this joint resolution, for mortgages for which the mort15 gagee issues credit approval for the borrower during fiscal 

16 year 2011, the second sentence of section 255(g) of the 

17 National Housing Act (12 U.S.C. 1715z–20(g)) shall be 

18 considered to require that in no case may the benefits of 

19 insurance under such section 255 exceed 150 percent of 

20 the maximum dollar amount in effect under the sixth sen21 tence of section 305(a)(2) of the Federal Home Loan 

22 Mortgage Corporation Act (12 U.S.C. 1454(a)(2)). 

23 SEC. 238. None of the funds in this Act shall be avail24 able for salaries and expenses of more than 75 political 

25 and Presidential appointees in the Department of Housing 


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1 and Urban Development: Provided, That none of the per2 sonnel covered by this provision may be assigned on tem3 porary detail outside the Department of Housing and 

4 Urban Development. 

5 This title may be cited as the ‘‘Department of Hous6 ing and Urban Development Appropriations Act, 2011’’. 

7 TITLE III—RELATED AGENCIES 

8 ACCESS BOARD

9 SALARIES AND EXPENSES

10 For expenses necessary for the Access Board, as au11 thorized by section 502 of the Rehabilitation Act of 1973, 

12 as amended, $7,300,000: Provided, That, notwithstanding 

13 any other provision of law, there may be credited to this 

14 appropriation funds received for publications and training 

15 expenses. 

16 FEDERAL MARITIME COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Federal Maritime 

19 Commission as authorized by section 201(d) of the Mer20 chant Marine Act, 1936, as amended (46 U.S.C. App. 

21 1111), including services as authorized by 5 U.S.C. 3109; 

22 hire of passenger motor vehicles as authorized by 31 

23 U.S.C. 1343(b); and uniforms or allowances therefore, as 

24 authorized by 5 U.S.C. 5901–5902, $25,300,000: ProVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 vided, That not to exceed $2,000 shall be available for offi2 cial reception and representation expenses. 

3 NATIONAL RAILROAD PASSENGER CORPORATION

4 OFFICE OF INSPECTOR GENERAL

5 SALARIES AND EXPENSES

6 For necessary expenses of the Office of Inspector 

7 General for the National Railroad Passenger Corporation 

8 to carry out the provisions of the Inspector General Act 

9 of 1978, as amended, $22,000,000: Provided, That the In10 spector General shall have all necessary authority, in car11 rying out the duties specified in the Inspector General Act, 

12 as amended (5 U.S.C. App. 3), to investigate allegations 

13 of fraud, including false statements to the government (18 

14 U.S.C. 1001), by any person or entity that is subject to 

15 regulation by the National Railroad Passenger Corpora16 tion: Provided further, That the Inspector General may 

17 enter into contracts and other arrangements for audits, 

18 studies, analyses, and other services with public agencies 

19 and with private persons, subject to the applicable laws 

20 and regulations that govern the obtaining of such services 

21 within the National Railroad Passenger Corporation: Pro22 vided further, That the Inspector General may select, ap23 point, and employ such officers and employees as may be 

24 necessary for carrying out the functions, powers, and du25 ties of the Office of Inspector General, subject to the appliVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 cable laws and regulations that govern such selections, ap2 pointments, and employment within Amtrak: Provided fur3 ther, That concurrent with the President’s budget request 

4 for fiscal year 2012, the Inspector General shall submit 

5 to the House and Senate Committees on Appropriations 

6 a budget request for fiscal year 2012 in similar format 

7 and substance to those submitted by executive agencies 

8 of the Federal Government. 

9 NATIONAL TRANSPORTATION SAFETY BOARD

10 SALARIES AND EXPENSES

11 For necessary expenses of the National Transpor12 tation Safety Board, including hire of passenger motor ve13 hicles and aircraft; services as authorized by 5 U.S.C. 

14 3109, but at rates for individuals not to exceed the per 

15 diem rate equivalent to the rate for a GS–15; uniforms, 

16 or allowances therefor, as authorized by law (5 U.S.C. 

17 5901–5902) $104,232,000, of which not to exceed $2,000 

18 may be used for official reception and representation ex19 penses: Provided, That the amounts made available to the 

20 National Transportation Safety Board in this Act include 

21 amounts necessary to make lease payments on an obliga22 tion incurred in fiscal year 2001 for a capital lease. 


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1 NEIGHBORHOOD REINVESTMENT CORPORATION

2 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

3 CORPORATION

4 For payment to the Neighborhood Reinvestment Cor5 poration for use in neighborhood reinvestment activities, 

6 as authorized by the Neighborhood Reinvestment Corpora7 tion Act (42 U.S.C. 8101–8107), $137,000,000, of which 

8 $5,000,000 shall be for a multi-family rental housing pro9 gram: Provided, That in addition, $35,000,000 shall be 

10 made available until expended for capital grants to reha11 bilitate or finance the rehabilitation of affordable housing 

12 units, including necessary administrative expenses: Pro13 vided further, That in addition, $113,000,000 shall be 

14 made available until expended to the Neighborhood Rein15 vestment Corporation for mortgage foreclosure mitigation 

16 activities, under the following terms and conditions: 

17 (1) The Neighborhood Reinvestment Corpora18 tion (‘‘NRC’’), shall make grants to counseling inter19 mediaries approved by the Department of Housing 

20 and Urban Development (HUD) (with match to be 

21 determined by the NRC based on affordability and 

22 the economic conditions of an area; a match also 

23 may be waived by the NRC based on the aforemen24 tioned conditions) to provide mortgage foreclosure 

25 mitigation assistance primarily to States and areas 


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1 with high rates of defaults and foreclosures to help 

2 eliminate the default and foreclosure of mortgages of 

3 owner-occupied single-family homes that are at risk 

4 of such foreclosure. Other than areas with high rates 

5 of defaults and foreclosures, grants may also be pro6 vided to approved counseling intermediaries based on 

7 a geographic analysis of the Nation by the NRC 

8 which determines where there is a prevalence of 

9 mortgages that are risky and likely to fail, including 

10 any trends for mortgages that are likely to default 

11 and face foreclosure. A State Housing Finance 

12 Agency may also be eligible where the State Housing 

13 Finance Agency meets all the requirements under 

14 this paragraph. A HUD-approved counseling inter15 mediary shall meet certain mortgage foreclosure 

16 mitigation assistance counseling requirements, as de17 termined by the NRC, and shall be approved by 

18 HUD or the NRC as meeting these requirements. 

19 (2) Mortgage foreclosure mitigation assistance 

20 shall only be made available to homeowners of 

21 owner-occupied homes with mortgages in default or 

22 in danger of default. These mortgages shall likely be 

23 subject to a foreclosure action and homeowners will 

24 be provided such assistance that shall consist of ac25 tivities that are likely to prevent foreclosures and reVerDate Mar 15 2010 23:54 Aug 02, 2010 Jkt 089200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H5850.PCS H5850

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1 sult in the long-term affordability of the mortgage 

2 retained pursuant to such activity or another posi3 tive outcome for the homeowner. No funds made 

4 available under this paragraph may be provided di5 rectly to lenders or homeowners to discharge out6 standing mortgage balances or for any other direct 

7 debt reduction payments. 

8 (3) The use of Mortgage Foreclosure Mitigation 

9 Assistance by approved counseling intermediaries 

10 and State Housing Finance Agencies shall involve a 

11 reasonable analysis of the borrower’s financial situa12 tion, an evaluation of the current value of the prop13 erty that is subject to the mortgage, counseling re14 garding the assumption of the mortgage by another 

15 non-Federal party, counseling regarding the possible 

16 purchase of the mortgage by a non-Federal third 

17 party, counseling and advice of all likely restruc18 turing and refinancing strategies or the approval of 

19 a work-out strategy by all interested parties. 

20 (4) NRC may provide up to 15 percent of the 

21 total funds under this paragraph to its own charter 

22 members with expertise in foreclosure prevention 

23 counseling, subject to a certification by the NRC 

24 that the procedures for selection do not consist of 

25 any procedures or activities that could be construed 


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1 as an unacceptable conflict of interest or have the 

2 appearance of impropriety. 

3 (5) HUD-approved counseling entities and 

4 State Housing Finance Agencies receiving funds 

5 under this paragraph shall have demonstrated expe6 rience in successfully working with financial institu7 tions as well as borrowers facing default, delin8 quency and foreclosure as well as documented coun9 seling capacity, outreach capacity, past successful 

10 performance and positive outcomes with documented 

11 counseling plans (including post mortgage fore12 closure mitigation counseling), loan workout agree13 ments and loan modification agreements. NRC may 

14 use other criteria to demonstrate capacity in under15 served areas. 

16 (6) Of the total amount made available under 

17 this paragraph, up to $3,000,000 may be made 

18 available to build the mortgage foreclosure and de19 fault mitigation counseling capacity of counseling 

20 intermediaries through NRC training courses with 

21 HUD-approved counseling intermediaries and their 

22 partners, except that private financial institutions 

23 that participate in NRC training shall pay market 

24 rates for such training. 


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1 (7) Of the total amount made available under 

2 this paragraph, up to 5 percent may be used for as3 sociated administrative expenses for the NRC to 

4 carry out activities provided under this section. 

5 (8) Mortgage foreclosure mitigation assistance 

6 grants may include a budget for outreach and adver7 tising, and training, as determined by the NRC. 

8 (9) The NRC shall continue to report bi-annu9 ally to the House and Senate Committees on Appro10 priations as well as the Senate Banking Committee 

11 and House Financial Services Committee on its ef12 forts to mitigate mortgage default. 

13 UNITED STATES INTERAGENCY COUNCIL ON

14 HOMELESSNESS

15 OPERATING EXPENSES

16 For necessary expenses (including payment of sala17 ries, authorized travel, hire of passenger motor vehicles, 

18 the rental of conference rooms, and the employment of ex19 perts and consultants under section 3109 of title 5, United 

20 States Code) of the United States Interagency Council on 

21 Homelessness in carrying out the functions pursuant to 

22 title II of the McKinney-Vento Homeless Assistance Act, 

23 as amended, $2,680,000. 

24 Section 209 of the McKinney-Vento Homeless Assist25 ance Act (42 U.S.C. 11319) is amended by striking the 


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1 date specified in such section and inserting ‘‘October 1, 

2 2012’’. 

3 TITLE IV 

4 GENERAL PROVISIONS—THIS ACT 

5 SEC. 401. Such sums as may be necessary for fiscal 

6 year 2010 pay raises for programs funded in this Act shall 

7 be absorbed within the levels appropriated in this Act or 

8 previous appropriations Acts. 

9 SEC. 402. None of the funds in this Act shall be used 

10 for the planning or execution of any program to pay the 

11 expenses of, or otherwise compensate, non-Federal parties 

12 intervening in regulatory or adjudicatory proceedings 

13 funded in this Act. 

14 SEC. 403. None of the funds appropriated in this Act 

15 shall remain available for obligation beyond the current 

16 fiscal year, nor may any be transferred to other appropria17 tions, unless expressly so provided herein. 

18 SEC. 404. The expenditure of any appropriation 

19 under this Act for any consulting service through procure20 ment contract pursuant to section 3109 of title 5, United 

21 States Code, shall be limited to those contracts where such 

22 expenditures are a matter of public record and available 

23 for public inspection, except where otherwise provided 

24 under existing law, or under existing Executive order 

25 issued pursuant to existing law. 


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1 SEC. 405. Except as otherwise provided in this Act, 

2 none of the funds provided in this Act, provided by pre3 vious appropriations Acts to the agencies or entities fund4 ed in this Act that remain available for obligation or ex5 penditure in fiscal year 2010, or provided from any ac6 counts in the Treasury derived by the collection of fees 

7 and available to the agencies funded by this Act, shall be 

8 available for obligation or expenditure through a re9 programming of funds that: (1) creates a new program; 

10 (2) eliminates a program, project, or activity; (3) increases 

11 funds or personnel for any program, project, or activity 

12 for which funds have been denied or restricted by the Con13 gress; (4) proposes to use funds directed for a specific ac14 tivity by either the House or Senate Committees on Ap15 propriations for a different purpose; (5) augments existing 

16 programs, projects, or activities in excess of $5,000,000 

17 or 10 percent, whichever is less; (6) reduces existing pro18 grams, projects, or activities by $5,000,000 or 10 percent, 

19 whichever is less; or (7) creates, reorganizes, or restruc20 tures a branch, division, office, bureau, board, commis21 sion, agency, administration, or department different from 

22 the budget justifications submitted to the Committees on 

23 Appropriations or the table accompanying the explanatory 

24 statement accompanying this Act, whichever is more de25 tailed, unless prior approval is received from the House 


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1 and Senate Committees on Appropriations: Provided, That 

2 not later than 60 days after the date of enactment of this 

3 Act, each agency funded by this Act shall submit a report 

4 to the Committees on Appropriations of the Senate and 

5 of the House of Representatives to establish the baseline 

6 for application of reprogramming and transfer authorities 

7 for the current fiscal year: Provided further, That the re8 port shall include: (1) a table for each appropriation with 

9 a separate column to display the President’s budget re10 quest, adjustments made by Congress, adjustments due to 

11 enacted rescissions, if appropriate, and the fiscal year en12 acted level; (2) a delineation in the table for each appro13 priation both by object class and program, project, and 

14 activity as detailed in the budget appendix for the respec15 tive appropriation; and (3) an identification of items of 

16 special congressional interest: Provided further, That the 

17 amount appropriated or limited for salaries and expenses 

18 for an agency shall be reduced by $100,000 per day for 

19 each day after the required date that the report has not 

20 been submitted to the Congress. 

21 SEC. 406. Except as otherwise specifically provided 

22 by law, not to exceed 50 percent of unobligated balances 

23 remaining available at the end of fiscal year 2011 from 

24 appropriations made available for salaries and expenses 

25 for fiscal year 2011 in this Act, shall remain available 


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1 through September 30, 2012, for each such account for 

2 the purposes authorized: Provided, That a request shall 

3 be submitted to the House and Senate Committees on Ap4 propriations for approval prior to the expenditure of such 

5 funds: Provided further, That these requests shall be made 

6 in compliance with reprogramming guidelines under sec7 tion 405 of this Act. 

8 SEC. 407. All Federal agencies and departments that 

9 are funded under this Act shall issue a report to the House 

10 and Senate Committees on Appropriations on all sole 

11 source contracts by no later than July 30, 2010. Such re12 port shall include the contractor, the amount of the con13 tract and the rationale for using a sole source contract. 

14 SEC. 408. (a) None of the funds made available in 

15 this Act may be obligated or expended for any employee 

16 training that— 

17 (1) does not meet identified needs for knowl18 edge, skills, and abilities bearing directly upon the 

19 performance of official duties; 

20 (2) contains elements likely to induce high lev21 els of emotional response or psychological stress in 

22 some participants; 

23 (3) does not require prior employee notification 

24 of the content and methods to be used in the train25 ing and written end of course evaluation; 


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1 (4) contains any methods or content associated 

2 with religious or quasi-religious belief systems or 

3 ‘‘new age’’ belief systems as defined in Equal Em4 ployment Opportunity Commission Notice N– 

5 915.022, dated September 2, 1988; or 

6 (5) is offensive to, or designed to change, par7 ticipants’ personal values or lifestyle outside the 

8 workplace. 

9 (b) Nothing in this section shall prohibit, restrict, or 

10 otherwise preclude an agency from conducting training 

11 bearing directly upon the performance of official duties. 

12 SEC. 409. No funds in this Act may be used to sup13 port any Federal, State, or local projects that seek to use 

14 the power of eminent domain, unless eminent domain is 

15 employed only for a public use: Provided, That for pur16 poses of this section, public use shall not be construed to 

17 include economic development that primarily benefits pri18 vate entities: Provided further, That any use of funds for 

19 mass transit, railroad, airport, seaport or highway projects 

20 as well as utility projects which benefit or serve the gen21 eral public (including energy-related, communication-re22 lated, water-related and wastewater-related infrastruc23 ture), other structures designated for use by the general 

24 public or which have other common-carrier or public-util25 ity functions that serve the general public and are subject 


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1 to regulation and oversight by the government, and 

2 projects for the removal of an immediate threat to public 

3 health and safety or brownfield as defined in the Small 

4 Business Liability Relief and Brownfield Revitalization 

5 Act (Public Law 107–118) shall be considered a public 

6 use for purposes of eminent domain. 

7 SEC. 410. None of the funds made available in this 

8 Act may be transferred to any department, agency, or in9 strumentality of the United States Government, except 

10 pursuant to a transfer made by, or transfer authority pro11 vided in, this Act or any other appropriations Act. 

12 SEC. 411. No part of any appropriation contained in 

13 this Act shall be available to pay the salary for any person 

14 filling a position, other than a temporary position, for15 merly held by an employee who has left to enter the Armed 

16 Forces of the United States and has satisfactorily com17 pleted his period of active military or naval service, and 

18 has within 90 days after his release from such service or 

19 from hospitalization continuing after discharge for a pe20 riod of not more than 1 year, made application for restora21 tion to his former position and has been certified by the 

22 Office of Personnel Management as still qualified to per23 form the duties of his former position and has not been 

24 restored thereto. 


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1 SEC. 412. No funds appropriated pursuant to this 

2 Act may be expended in contravention of sections 2 

3 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a– 

4 10c, popularly known as the ‘‘Buy American Act’’). 

5 SEC. 413. No funds appropriated or otherwise made 

6 available under this Act shall be made available to any 

7 person or entity that has been convicted of violating the 

8 Buy American Act (41 U.S.C. 10a–10c). 

9 SEC. 414. None of the funds made available in this 

10 Act may be used for first-class airline accommodations in 

11 contravention of sections 301–10.122 and 301–10.123 of 

12 title 41, Code of Federal Regulations. 

13 SEC. 415. None of the funds made available in this 

14 Act may be used to purchase a light bulb for an office 

15 building unless the light bulb has, to the extent prac16 ticable, an Energy Star or Federal Energy Management 

17 Program designation. 

18 SEC. 416. None of the funds made available under 

19 this Act or any prior Act may be provided to the Associa20 tion of Community Organizations for Reform Now 

21 (ACORN), or any of its affiliates, subsidiaries, or allied 

22 organizations. 

23 SEC. 417. None of the funds provided in this Act for 

24 any program, project, or activity that is considered to be 

25 a congressional earmark for purposes of clause 9 of rule 


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1 XXI of the Rules of the House of Representatives of the 

2 111th Congress may be awarded to a for-profit entity. 

3 SEC. 418. (a) None of the funds made available in 

4 this Act may be used to maintain or establish a computer 

5 network unless such network blocks the viewing, 

6 downloading, and exchanging of pornography. 

7 (b) Nothing in subsection (a) shall limit the use of 

8 funds necessary for any Federal, State, tribal, or local law 

9 enforcement agency or any other entity carrying out crimi10 nal investigations, prosecution, or adjudication activities. 

11 SEC. 419. (a) None of the funds appropriated or oth12 erwise made available by this Act may be obligated by any 

13 covered executive agency in contravention of the certifi14 cation requirement of section 6(b) of the Iran Sanctions 

15 Act of 1996, as included in the revisions to the Federal 

16 Acquisition Regulation pursuant to such section. 

17 SEC. 420. (a) LIMITATION ON USE OF FUNDS.— 

18 None of the funds provided in this Act may be used for 

19 doctoral dissertation research grants on housing and 

20 urban development issues. 

21 (b) CORRESPONDING REDUCTION IN FUNDS.—The 

22 amount otherwise provided by this Act for ‘‘Department 

23 of Housing and Urban Development—Policy Development 

24 and Research—Research and Technology’’ is hereby re25 duced by $300,000. 


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1 SEC. 421. None of the funds made available in this 

2 Act under the heading ‘‘Department of Housing and 

3 Urban Development—Management and Administration— 

4 Executive Direction’’ may be used by the Secretary of 

5 Housing and Urban Development for travel expenses. 

6 SEC. 422. None of the funds appropriated or other7 wise made available under this Act may be used to imple8 ment section 124 except as authorized by law after the 

9 date of enactment of this Act. 

10 SEC. 423. None of the funds made available in this 

11 Act may be used to establish, issue, implement, admin12 ister, or enforce any prohibition or restriction on the es13 tablishment or effectiveness of any occupancy preference 

14 for veterans in supportive housing for the elderly that: (1) 

15 is provided assistance by the Department of Housing and 

16 Urban Development; and (2)(A) is or would be located on 

17 property of the Department of Veterans Affairs, or (B) 

18 is subject to an enhanced use lease with the Department 

19 of Veterans Affairs. 


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1 This Act may be cited as the ‘‘Transportation, Hous2 ing and Urban Development, and Related Agencies Appro3 priations Act, 2011’’. 

Passed the House of Representatives July 29, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 

By ROBERT F. REEVES, 

Deputy Clerk. 


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Calendar No. 503 

111TH CONGRESS 

2D SESSION H. R. 5850 

AN ACT 

Making appropriations for the Departments of 

poses. ending September 30, 2011, and for other puropment, and related agencies for the fiscal year Transportation, and Housing and Urban DevelAUGUST 2, 2010 

Received; read twice and placed on the calendar 


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