111TH CONGRESS 

2D SESSION H. R. 5850 

AN ACT 

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

2011, and for other purposes. 
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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: 

8 TITLE I 

9 DEPARTMENT OF TRANSPORTATION 

10 OFFICE OF THE SECRETARY

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of the Secretary, 

13 $111,615,000 (reduced by $1,600,000), of which not to 

14 exceed $2,667,000 shall be available for the immediate Of15 fice of the Secretary; not to exceed $1,000,000 shall be 

16 available for the immediate Office of the Deputy Sec17 retary; not to exceed $19,711,000 shall be available for 

18 the Office of the General Counsel; not to exceed 

19 $12,015,000 (reduced by $250,000) shall be available for 

20 the Office of the Under Secretary of Transportation for 

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

22 $1,600,000) shall be available for the Office of the Assist23 ant Secretary for Budget and Programs; not to exceed 

24 $2,530,000 (reduced by $50,000) shall be available for the 

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

2 shall be available for the Office of the Assistant Secretary 

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

4 $100,000) shall be available for the Office of Public Af5 fairs; not to exceed $1,683,000 shall be available for the 

6 Office of the Executive Secretariat; not to exceed 

7 $1,513,000 (increased by $100,000) shall be available for 

8 the Office of Small and Disadvantaged Business Utiliza9 tion; not to exceed $10,999,000 for the Office of Intel10 ligence, Security, and Emergency Response; and not to ex11 ceed $19,663,000 shall be available for the Office of the 

12 Chief Information Officer: Provided, That the Secretary 

13 of Transportation is authorized to transfer funds appro14 priated for any office of the Office of the Secretary to any 

15 other office of the Office of the Secretary: Provided fur16 ther, That no appropriation for any office shall be in17 creased or decreased by more than 5 percent by all such 

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

19 funding greater than 5 percent shall be submitted for ap20 proval to the House and Senate Committees on Appropria21 tions: Provided further, That not to exceed $60,000 shall 

22 be for allocation within the Department for official recep23 tion and representation expenses as the Secretary may de24 termine: Provided further, That notwithstanding any other 

25 provision of law, excluding fees authorized in Public Law 
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1 107–71, there may be credited to this appropriation up 

2 to $2,500,000 in funds received in user fees: Provided fur3 ther, That none of the funds provided in this Act shall 

4 be available for the position of Assistant Secretary for 

5 Public Affairs. 

6 LIVABLE COMMUNITIES

7 For necessary expenses for livable communities initia8 tives, including coordinating livability and sustainability 

9 work within the Department of Transportation and with 

10 the Environmental Protection Agency and the Department 

11 of Housing and Urban Development; developing perform12 ance standards and metrics; building analytical capacity; 

13 and providing grants and direct technical assistance to 

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

15 remain available until September 30, 2013; Provided, 

16 That any grants and technical assistance made available 

17 under this heading shall be for improved performance 

18 measurement capabilities, enhanced ability to perform al19 ternatives analysis, and training and workshops for per20 sonnel. 

21 NATIONAL INFRASTRUCTURE INVESTMENT

22 For capital investments in transportation infrastruc23 ture, $400,000,000, to remain available through Sep24 tember 30, 2013: Provided, That the Secretary of Trans25 portation shall distribute funds provided under this head-
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1 ing as discretionary grants to be awarded to a State, local 

2 government, transit agency, or a collaboration among such 

3 entities on a competitive basis for projects that will have 

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

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

6 funding provided under this heading shall include, but not 

7 be limited to, highway or bridge projects eligible under 

8 title 23, United States Code; public transportation 

9 projects eligible under chapter 53 of title 49, United 

10 States Code; passenger and freight rail transportation 

11 projects; and port infrastructure investments: Provided 

12 further, That in distributing funds provided under this 

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

14 ensure an equitable geographic distribution of funds, an 

15 appropriate balance in addressing the needs of urban and 

16 rural areas, and the investment in a variety of transpor17 tation modes: Provided further, That a grant funded under 

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

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

20 more than 12.5 percent of the funds made available under 

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

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

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

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

25 further, That the Secretary shall give priority to projects 
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1 that require a contribution of Federal funds in order to 

2 complete an overall financing package: Provided further, 

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

4 under this heading shall be for projects located in rural 

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

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

7 the Secretary may increase the Federal share of costs 

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

9 made available under this heading, the Secretary may use 

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

11 paying the subsidy and administrative costs of projects eli12 gible for federal credit assistance under chapter 6 of title 

13 23, United States Code, if the Secretary finds that such 

14 use of the funds would advance the purposes of this para15 graph: Provided further, That the Secretary may use up 

16 to ten percent of the funds provided under this heading 

17 to fund the costs of equipping aircraft with communica18 tions, surveillance, navigation and other avionics to con19 duct a demonstration of NextGen air traffic control capa20 bilities through grants or other authorities available under 

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

22 further, That of the amount made available under this 

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

24 $20,000,000 for the planning, preparation or design of 

25 projects eligible for funding under this heading: Provided 
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1 further, That projects conducted using funds provided 

2 under this heading must comply with the requirements of 

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

4 Code: Provided further, That the Secretary shall publish 

5 criteria on which to base the competition for any grants 

6 awarded under this heading no sooner than 60 days after 

7 enactment of this Act, require applications for funding 

8 provided under this heading to be submitted no sooner 

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

10 announce all projects selected to be funded from funds 

11 provided under this heading no sooner than September 15, 

12 2011: Provided further, That the Secretary may retain up 

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

14 and may transfer portions of those funds to the Adminis15 trators of the Federal Highway Administration, the Fed16 eral Transit Administration, the Federal Railroad Admin17 istration, the Federal Aviation Administration, and the 

18 Federal Maritime Administration, to fund the award and 

19 oversight of grants made under this heading. 

20 FINANCIAL MANAGEMENT CAPITAL

21 For necessary expenses for upgrading and enhancing 

22 the Department of Transportation’s financial systems and 

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

24 available until expended. 
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1 CYBER SECURITY INITIATIVES

2 For necessary one-time expenses for cyber security 

3 initiatives, including improvement of network perimeter 

4 controls and identity management, testing and assessment 

5 of information technology against business, security, and 

6 other requirements, implementation of federal cyber secu7 rity initiatives and information infrastructure enhance8 ments, implementation of enhanced security controls on 

9 network devices, and enhancement of cyber security work10 force training tools, $28,188,000, to remain available until 

11 expended. 

12 OFFICE OF CIVIL RIGHTS

13 For necessary expenses of the Office of Civil Rights, 

14 $9,767,000. 

15 TRANSPORTATION PLANNING, RESEARCH, AND

16 DEVELOPMENT

17 For necessary expenses for conducting transportation 

18 planning, research, systems development, development ac19 tivities, and making grants, to remain available until ex20 pended, $9,819,000. 

21 WORKING CAPITAL FUND

22 For necessary expenses for operating costs and cap23 ital outlays of the Working Capital Fund, not to exceed 

24 $148,096,000, shall be paid from appropriations made 

25 available to the Department of Transportation: Provided, 
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1 That such services shall be provided on a competitive basis 

2 to entities within the Department of Transportation: Pro3 vided further, That the above limitation on operating ex4 penses shall not apply to non-DOT entities: Provided fur5 ther, That no funds appropriated in this Act to an agency 

6 of the Department shall be transferred to the Working 

7 Capital Fund without the approval of the agency modal 

8 administrator: Provided further, That no assessments may 

9 be levied against any program, budget activity, subactivity 

10 or project funded by this Act unless notice of such assess11 ments and the basis therefor are presented to the House 

12 and Senate Committees on Appropriations and are ap13 proved by such Committees. 

14 MINORITY BUSINESS RESOURCE CENTER PROGRAM

15 For the cost of guaranteed loans, $329,000, as au16 thorized by 49 U.S.C. 332: Provided, That such costs, in17 cluding the cost of modifying such loans, shall be as de18 fined in section 502 of the Congressional Budget Act of 

19 1974: Provided further, That these funds are available to 

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

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

22 administrative expenses to carry out the guaranteed loan 

23 program, $584,000. 
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1 MINORITY BUSINESS OUTREACH

2 For necessary expenses of Minority Business Re3 source Center outreach activities, $3,395,000 (increased 

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

5 2012: Provided, That notwithstanding 49 U.S.C. 332, 

6 these funds may be used for business opportunities related 

7 to any mode of transportation. 

8 PAYMENTS TO AIR CARRIERS

9 (AIRPORT AND AIRWAY TRUST FUND)

10 (INCLUDING TRANSFER OF FUNDS)

11 In addition to funds made available from any other 

12 source to carry out the essential air service program under 

13 49 U.S.C. 41731 through 41742, $146,000,000, to be de14 rived from the Airport and Airway Trust Fund, to remain 

15 available until expended: Provided, That, in determining 

16 between or among carriers competing to provide service 

17 to a community, the Secretary may consider the relative 

18 subsidy requirements of the carriers: Provided further, 

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

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

21 current fiscal year, the Secretary shall transfer such sums 

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

23 program from any available amounts appropriated to or 

24 directly administered by the Office of the Secretary for 

25 such fiscal year. 
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1 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

2 SECRETARY OF TRANSPORTATION

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

4 Act to the Department of Transportation may be obligated 

5 for the Office of the Secretary of Transportation to ap6 prove assessments or reimbursable agreements pertaining 

7 to funds appropriated to the modal administrations in this 

8 Act, except for activities underway on the date of enact9 ment of this Act, unless such assessments or agreements 

10 have completed the normal reprogramming process for 

11 Congressional notification. 

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

13 this Act may be obligated or expended to establish or im14 plement a program under which essential air service com15 munities are required to assume subsidy costs commonly 

16 referred to as the EAS local participation program. 

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

18 in activities with States and State legislators to consider 

19 proposals related to the reduction of motorcycle fatalities. 

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

21 the National Infrastructure Investments program, the 

22 Secretary of Transportation shall post on the Department 

23 of Transportation website any request or application for 

24 funding received by the Department for projects from the 

25 program. Such post shall include a copy of any such re-
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1 quest or application and all project data and supplemental 

2 materials provided by the entity seeking such grant. 

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

4 grant awards, the Secretary shall post on the Department 

5 of Transportation website a complete description and ac6 counting of what criteria, both qualitative and quan7 titative, was used in the selection of the grants under the 

8 program. 

9 (c) The Office of Inspector General of the Depart10 ment of Transportation shall audit and review 10 percent 

11 of grant recipients under the National Infrastructure In12 vestments program to ensure that funds issued under such 

13 program are used appropriately and within the scope of 

14 the grant awarded. 

15 FEDERAL AVIATION ADMINISTRATION

16 OPERATIONS

17 (AIRPORT AND AIRWAY TRUST FUND)

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses of the Federal Aviation Ad20 ministration, not otherwise provided for, including oper21 ations and research activities related to commercial space 

22 transportation, administrative expenses for research and 

23 development, establishment of air navigation facilities, the 

24 operation (including leasing) and maintenance of aircraft, 

25 subsidizing the cost of aeronautical charts and maps sold 
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1 to the public, lease or purchase of passenger motor vehi2 cles for replacement only, in addition to amounts made 

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

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

5 and Airway Trust Fund, of which not to exceed 

6 $7,630,628,000 shall be available for air traffic organiza7 tion activities; not to exceed $1,304,486,000 shall be avail8 able for aviation safety activities; not to exceed 

9 $16,747,000 shall be available for commercial space trans10 portation activities; not to exceed $114,784,000 shall be 

11 available for financial services activities; not to exceed 

12 $103,297,000 shall be available for human resources pro13 gram activities; not to exceed $361,354,000 shall be avail14 able for region and center operations and regional coordi15 nation activities; not to exceed $208,994,000 shall be 

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

17 shall be available for information services: Provided, That 

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

19 funds provided for aviation safety activities to pay for staff 

20 increases in the Office of Aviation Flight Standards and 

21 the Office of Aircraft Certification: Provided further, That 

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

23 the aviation flight standards and aircraft certification of24 fices shall be used for other purposes: Provided further, 

25 That not to exceed 2 percent of any budget activity, except 
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1 for aviation safety budget activity, may be transferred to 

2 any budget activity under this heading: Provided further, 

3 That no transfer may increase or decrease any appropria4 tion by more than 2 percent: Provided further, That any 

5 transfer in excess of 2 percent shall be treated as a re6 programming of funds under section 405 of this Act and 

7 shall not be available for obligation or expenditure except 

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

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

10 fiscal year hereafter, the Administrator of the Federal 

11 Aviation Administration shall transmit to Congress an an12 nual update to the report submitted to Congress in De13 cember 2004 pursuant to section 221 of Public Law 108– 

14 176: Provided further, That the amount herein appro15 priated shall be reduced by $100,000 for each day after 

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

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

18 of each fiscal year hereafter, the Administrator shall 

19 transmit to Congress a companion report that describes 

20 a comprehensive strategy for staffing, hiring, and training 

21 flight standards and aircraft certification staff in a format 

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

23 including stated attrition estimates and numerical hiring 

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

25 herein appropriated shall be reduced by $100,000 per day 
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1 for each day after March 31 that such report has not been 

2 submitted to Congress: Provided further, That funds may 

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

4 standard-setting organization to assist in the development 

5 of aviation safety standards: Provided further, That none 

6 of the funds in this Act shall be available for new appli7 cants for the second career training program: Provided 

8 further, That none of the funds in this Act shall be avail9 able for the Federal Aviation Administration to finalize 

10 or implement any regulation that would promulgate new 

11 aviation user fees not specifically authorized by law after 

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

13 That there may be credited to this appropriation as offset14 ting collections funds received from States, counties, mu15 nicipalities, foreign authorities, other public authorities, 

16 and private sources, including funds from fees authorized 

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

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

19 which shall be available for expenses incurred in the provi20 sion of agency services, including receipts for the mainte21 nance and operation of air navigation facilities, and for 

22 issuance, renewal or modification of certificates, including 

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

24 tests related thereto, or for processing major repair or al25 teration forms: Provided further, That of the funds appro-
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1 priated under this heading, not less than $9,500,000 shall 

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

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

4 charting and cartography are available for activities con5 ducted by, or coordinated through, the Working Capital 

6 Fund. 

7 FACILITIES AND EQUIPMENT

8 (AIRPORT AND AIRWAY TRUST FUND)

9 For necessary expenses, not otherwise provided for, 

10 for acquisition, establishment, technical support services, 

11 improvement by contract or purchase, and hire of national 

12 airspace systems and experimental facilities and equip13 ment, as authorized under part A of subtitle VII of title 

14 49, United States Code, including initial acquisition of 

15 necessary sites by lease or grant; engineering and service 

16 testing, including construction of test facilities and acqui17 sition of necessary sites by lease or grant; construction 

18 and furnishing of quarters and related accommodations 

19 for officers and employees of the Federal Aviation Admin20 istration stationed at remote localities where such accom21 modations are not available; and the purchase, lease, or 

22 transfer of aircraft from funds available under this head23 ing, including aircraft for aviation regulation and certifi24 cation; to be derived from the Airport and Airway Trust 

25 Fund, $3,000,000,000, of which $2,508,000,000 shall re-
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1 main available until September 30, 2013, and of which 

2 $492,000,000 shall remain available until September 30, 

3 2011: Provided, That there may be credited to this appro4 priation funds received from States, counties, municipali5 ties, other public authorities, and private sources, for ex6 penses incurred in the establishment, improvement, and 

7 modernization of National Airspace Systems: Provided 

8 further, That upon initial submission to the Congress of 

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

10 Transportation shall transmit to the Congress a com11 prehensive capital investment plan for the Federal Avia12 tion Administration which includes funding for each budg13 et line item for fiscal years 2012 through 2016, with total 

14 funding for each year of the plan constrained to the fund15 ing targets for those years as estimated and approved by 

16 the Office of Management and Budget. 

17 RESEARCH, ENGINEERING, AND DEVELOPMENT

18 (AIRPORT AND AIRWAY TRUST FUND)

19 For necessary expenses, not otherwise provided for, 

20 for research, engineering, and development, as authorized 

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

22 Code, including construction of experimental facilities and 

23 acquisition of necessary sites by lease or grant, 

24 $198,000,000, to be derived from the Airport and Airway 

25 Trust Fund and to remain available until September 30, 
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1 2013: Provided, That there may be credited to this appro2 priation as offsetting collections, funds received from 

3 States, counties, municipalities, other public authorities, 

4 and private sources, which shall be available for expenses 

5 incurred for research, engineering, and development. 

6 GRANTS-IN-AID FOR AIRPORTS

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (LIMITATION ON OBLIGATIONS)

9 (AIRPORT AND AIRWAY TRUST FUND)

10 For liquidation of obligations incurred for grants-in11 aid for airport planning and development, and noise com12 patibility planning and programs as authorized under sub13 chapter I of chapter 471 and subchapter I of chapter 475 

14 of title 49, United States Code, and under other law au15 thorizing such obligations; for procurement, installation, 

16 and commissioning of runway incursion prevention devices 

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

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

19 for inspection activities and administration of airport safe20 ty programs, including those related to airport operating 

21 certificates under section 44706 of title 49, United States 

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

23 Airway Trust Fund and to remain available until ex24 pended: Provided, That none of the funds under this head25 ing shall be available for the planning or execution of pro-
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1 grams the obligations for which are in excess of 

2 $3,515,000,000 in fiscal year 2011, notwithstanding sec3 tion 47117(g) of title 49, United States Code: Provided 

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

5 be available for the replacement of baggage conveyor sys6 tems, reconfiguration of terminal baggage areas, or other 

7 airport improvements that are necessary to install bulk ex8 plosive detection systems: Provided further, That notwith9 standing any other provision of law, of funds limited under 

10 this heading, not more than $99,622,000 shall be obli11 gated for administration, not less than $15,000,000 shall 

12 be available for the airport cooperative research program, 

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

14 Research. 

15 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

16 ADMINISTRATION

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

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

19 the federally funded research and development center con20 tract between the Federal Aviation Administration and the 

21 Center for Advanced Aviation Systems Development dur22 ing fiscal year 2011. 

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

24 to pursue or adopt guidelines or regulations requiring air25 port sponsors to provide to the Federal Aviation Adminis-
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1 tration without cost building construction, maintenance, 

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

3 buildings for services relating to air traffic control, air 

4 navigation, or weather reporting: Provided, That the pro5 hibition of funds in this section does not apply to negotia6 tions between the agency and airport sponsors to achieve 

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

8 grant assurances that require airport sponsors to provide 

9 land without cost to the FAA for air traffic control facili10 ties. 

11 SEC. 112. The Administrator of the Federal Aviation 

12 Administration may reimburse amounts made available to 

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

14 49 U.S.C. 45303: Provided, That during fiscal year 2011, 

15 49 U.S.C. 41742(b) shall not apply, and any amount re16 maining in such account at the close of that fiscal year 

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

18 the subsequent fiscal year. 

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

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

21 appropriation current at the time of collection, to be 

22 merged with and available for the same purposes of such 

23 appropriation. 

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

25 by this Act may be used to change weight restrictions or 
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1 prior permission rules at Teterboro airport in Teterboro, 

2 New Jersey. 

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

4 grants under the Airport Improvement Program shall be 

5 made available to the sponsor of a commercial service air6 port if such sponsor fails to agree to a request from the 

7 Secretary of Transportation for cost-free space in a non8 revenue producing, public use area of the airport terminal 

9 or other airport facilities for the purpose of carrying out 

10 a public service air passenger rights and consumer out11 reach campaign. 

12 SEC. 116. None of the funds in this Act shall be avail13 able for paying premium pay under subsection 5546(a) of 

14 title 5, United States Code, to any Federal Aviation Ad15 ministration employee unless such employee actually per16 formed work during the time corresponding to such pre17 mium pay. 

18 SEC. 117. None of the funds in this Act may be obli19 gated or expended for an employee of the Federal Aviation 

20 Administration to purchase a store gift card or gift certifi21 cate through use of a Government-issued credit card. 
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1 FEDERAL HIGHWAY ADMINISTRATION

2 LIMITATION ON ADMINISTRATIVE EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

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

5 and reimbursements received by the Federal Highway Ad6 ministration, shall be paid in accordance with law from 

7 appropriations made available by this Act to the Federal 

8 Highway Administration for necessary expenses for ad9 ministration and operation: Provided, That of the funds 

10 made available under this heading, not less than 

11 $8,000,000 shall be for renovations and upgrades to the 

12 fiscal management information system, except that such 

13 funds may not be obligated for such purpose until the Sec14 retary of Transportation submits to the House and Senate 

15 Committees on Appropriations a plan that identifies the 

16 full cost of the upgrades needed and a timeline for comple17 tion. In addition, not to exceed $3,300,000 shall be paid 

18 from appropriations made available by this Act and trans19 ferred to the Appalachian Regional Commission in accord20 ance with section 104 of title 23, United States Code. 

21 FEDERAL-AID HIGHWAYS

22 (LIMITATION ON OBLIGATIONS)

23 (HIGHWAY TRUST FUND)

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

25 the implementation or execution of programs, the obliga-
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1 tions for which are in excess of $45,217,700,000 for Fed2 eral-aid highways and highway safety construction pro3 grams for fiscal year 2011: Provided, That within the 

4 $45,217,700,000 obligation limitation on Federal-aid 

5 highways and highway safety construction programs, not 

6 more than $429,800,000 shall be available for the imple7 mentation or execution of programs for transportation re8 search (chapter 5 of title 23, United States Code; sections 

9 111, 5505, and 5506 of title 49, United States Code; and 

10 title 5 of Public Law 109–59) for fiscal year 2011: Pro11 vided further, That this limitation on transportation re12 search programs shall not apply to any authority pre13 viously made available for obligation: Provided further, 

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

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

16 cover the costs of services of expert firms, including coun17 sel, in the field of municipal and project finance to assist 

18 in the underwriting and servicing of Federal credit instru19 ments and all or a portion of the costs to the Federal Gov20 ernment of servicing such credit instruments: Provided 

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

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

23 in addition to administrative expenses that are also avail24 able for such purpose, and are not subject to any obliga-
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1 tion limitation or the limitation on administrative expenses 

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

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (HIGHWAY TRUST FUND)

5 For carrying out the provisions of title 23, United 

6 States Code, that are attributable to Federal-aid high7 ways, not otherwise provided, including reimbursement for 

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

9 308, $45,956,700,000 or so much thereof as may be avail10 able in and derived from the Highway Trust Fund (other 

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

12 expended. 

13 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

14 ADMINISTRATION

15 (INCLUDING RESCISSIONS)

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

17 Transportation shall— 

18 (1) not distribute from the obligation limitation 

19 for Federal-aid highways amounts authorized for ad20 ministrative expenses and programs by section 

21 104(a) of title 23, United States Code; programs 

22 funded from the administrative takedown authorized 

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

24 (as in effect on the date before the date of enact25 ment of the Safe, Accountable, Flexible, Efficient 
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1 Transportation Equity Act: A Legacy for Users); the 

2 highway use tax evasion program; and the Bureau of 

3 Transportation Statistics; 

4 (2) not distribute an amount from the obliga5 tion limitation for Federal-aid highways that is equal 

6 to the unobligated balance of amounts made avail7 able from the Highway Trust Fund (other than the 

8 Mass Transit Account) for Federal-aid highways and 

9 highway safety programs for previous fiscal years 

10 the funds for which are allocated by the Secretary; 

11 (3) determine the ratio that— 

12 (A) the obligation limitation for Federal13 aid highways, less the aggregate of amounts not 

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

15 to 

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

17 appropriated for Federal-aid highways and 

18 highway safety construction programs (other 

19 than sums authorized to be appropriated for 

20 provisions of law described in paragraphs (1) 

21 through (9) of subsection (b) and sums author22 ized to be appropriated for section 105 of title 

23 23, United States Code, equal to the amount 

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

25 year), less the aggregate of the amounts not 
26 

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

2 this subsection; 

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

4 Federal-aid highways, less the aggregate amounts 

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

6 sections 1301, 1302, and 1934 of the Safe, Account7 able, Flexible, Efficient Transportation Equity Act: 

8 A Legacy for Users; sections 117 (but individually 

9 for each project numbered 1 through 3676 listed in 

10 the table contained in section 1702 of the Safe, Ac11 countable, Flexible, Efficient Transportation Equity 

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

13 23, United States Code; and section 14501 of title 

14 40, United States Code, so that the amount of obli15 gation authority available for each of such sections 

16 is equal to the amount determined by multiplying 

17 the ratio determined under paragraph (3) by the 

18 sums authorized to be appropriated for that section 

19 for the fiscal year; and 

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

21 105 of title 23, United States Code; 

22 (5) distribute the obligation limitation provided 

23 for Federal-aid highways, less the aggregate 

24 amounts not distributed under paragraphs (1) and 

25 (2) and amounts distributed under paragraph (4), 
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1 for each of the programs that are allocated by the 

2 Secretary under the Safe, Accountable, Flexible, Ef3 ficient Transportation Equity Act: A Legacy for 

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

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

6 by multiplying the ratio determined under paragraph 

7 (3) by the amounts authorized to be appropriated 

8 for each such program for such fiscal year; and 

9 (6) distribute the obligation limitation provided 

10 for Federal-aid highways, less the aggregate 

11 amounts not distributed under paragraphs (1) and 

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

13 and (5), for Federal-aid highways and highway safe14 ty construction programs (other than the amounts 

15 apportioned for the equity bonus program, but only 

16 to the extent that the amounts apportioned for the 

17 equity bonus program for the fiscal year are greater 

18 than $2,639,000,000, and the Appalachian develop19 ment highway system program) that are apportioned 

20 by the Secretary under the Safe, Accountable, Flexi21 ble, Efficient Transportation Equity Act: A Legacy 

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

23 ratio that— 
28 

•HR 5850 EH

1 (A) amounts authorized to be appropriated 

2 for such programs that are apportioned to each 

3 State for such fiscal year, bear to 

4 (B) the total of the amounts authorized to 

5 be appropriated for such programs that are ap6 portioned to all States for such fiscal year. 

7 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

8 The obligation limitation for Federal-aid highways shall 

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

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

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

12 9 of the Federal-Aid Highway Act of 1981; (4) under sub13 sections (b) and (j) of section 131 of the Surface Trans14 portation Assistance Act of 1982; (5) under subsections 

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

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

17 sections 1103 through 1108 of the Intermodal Surface 

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

19 157 of title 23, United States Code, as in effect on the 

20 day before the date of the enactment of the Transpor21 tation Equity Act for the 21st Century; (8) under section 

22 105 of title 23, United States Code, as in effect for fiscal 

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

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

25 Federal-aid highway programs for which obligation au-
29 

•HR 5850 EH

1 thority was made available under the Transportation Eq2 uity Act for the 21st Century or subsequent public laws 

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

4 only to the extent that the obligation authority has not 

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

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

7 $639,000,000 for each of fiscal years 2005 through 2011; 

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

9 Flexible, Efficient Transportation Equity Act: A Legacy 

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

11 with that section were not subject to a limitation on obli12 gations at the time at which the funds were initially made 

13 available for obligation. 

14 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU15 THORITY.—Notwithstanding subsection (a), the Secretary 

16 shall, after August 1 of such fiscal year, revise a distribu17 tion of the obligation limitation made available under sub18 section (a) if the amount distributed cannot be obligated 

19 during that fiscal year and redistribute sufficient amounts 

20 to those States able to obligate amounts in addition to 

21 those previously distributed during that fiscal year, giving 

22 priority to those States having large unobligated balances 

23 of funds apportioned under sections 104 and 144 of title 

24 23, United States Code. 
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1 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

2 TRANSPORTATION RESEARCH PROGRAMS.—The obliga3 tion limitation shall apply to transportation research pro4 grams carried out under chapter 5 of title 23, United 

5 States Code, and title V (research title) of the Safe, Ac6 countable, Flexible, Efficient Transportation Equity Act: 

7 A Legacy for Users, except that obligation authority made 

8 available for such programs under such limitation shall re9 main available for a period of 3 fiscal years and shall be 

10 in addition to the amount of any limitation imposed on 

11 obligations for Federal-aid highway and highway safety 

12 construction programs for future fiscal years. 

13 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

14 FUNDS.— 

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

16 the date of the distribution of obligation limitation 

17 under subsection (a), the Secretary shall distribute 

18 to the States any funds that— 

19 (A) are authorized to be appropriated for 

20 such fiscal year for Federal-aid highways pro21 grams; and 

22 (B) the Secretary determines will not be 

23 allocated to the States, and will not be available 

24 for obligation, in such fiscal year due to the im-
31 

•HR 5850 EH

1 position of any obligation limitation for such 

2 fiscal year. 

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

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

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

6 (3) AVAILABILITY.—Funds distributed under 

7 paragraph (1) shall be available for any purposes de8 scribed in section 133(b) of title 23, United States 

9 Code. 

10 (f) SPECIAL LIMITATION CHARACTERISTICS.—Obli11 gation limitation distributed for a fiscal year under sub12 section (a)(4) for the provision specified in subsection 

13 (a)(4) shall— 

14 (1) remain available until used for obligation of 

15 funds for that provision; and 

16 (2) be in addition to the amount of any limita17 tion imposed on obligations for Federal-aid highway 

18 and highway safety construction programs for future 

19 fiscal years. 

20 (g) HIGH PRIORITY PROJECT FLEXIBILITY.— 

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

22 obligation authority distributed for such fiscal year 

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

24 through 3676 listed in the table contained in section 

25 1702 of the Safe, Accountable, Flexible, Efficient 
32 

•HR 5850 EH

1 Transportation Equity Act: A Legacy for Users may 

2 be obligated for any other project in such section in 

3 the same State. 

4 (2) RESTORATION.—Obligation authority used 

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

6 the original purpose on the date on which obligation 

7 authority is distributed under this section for the 

8 next fiscal year following obligation under paragraph 

9 (1). 

10 (h) LIMITATION ON STATUTORY CONSTRUCTION.— 

11 Nothing in this section shall be construed to limit the dis12 tribution of obligation authority under subsection 

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

14 greater than 3676 listed in the table contained in section 

15 1702 of the Safe, Accountable, Flexible, Efficient Trans16 portation Equity Act: A Legacy for Users. 

17 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re18 ceived by the Bureau of Transportation Statistics from the 

19 sale of data products, for necessary expenses incurred pur20 suant to 49 U.S.C. 111 may be credited to the Federal21 aid highways account for the purpose of reimbursing the 

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

23 be subject to the obligation limitation for Federal-aid 

24 highways and highway safety construction. 
33 

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

2 under his statutory authority, any Buy America require3 ment for Federal-aid highway projects, the Secretary of 

4 Transportation shall make an informal public notice and 

5 comment opportunity on the intent to issue such waiver 

6 and the reasons therefor: Provided, That the Secretary 

7 shall provide an annual report to the Appropriations Com8 mittees of the Congress on any waivers granted under the 

9 Buy America requirements. 

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

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

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

13 or otherwise authorize the imposition of any toll on any 

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

15 the State of Texas that— 

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

17 tolled; 

18 (2) is constructed with Federal assistance provided 

19 under title 23, United States Code; and 

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

21 of this Act. 

22 (b) EXCEPTIONS.— 

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

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

25 system described in that subsection that, as of the date 
34 

•HR 5850 EH

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

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

3 to that date. 

4 (2) HIGH-OCCUPANCY VEHICLE LANES.—A high-oc5 cupancy vehicle lane that is converted to a toll lane shall 

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

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

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

9 date of imposition of the toll, if— 

10 (A) high-occupancy vehicles occupied by the 

11 number of passengers specified by the entity oper12 ating the toll lane may use the toll lane without pay13 ing a toll, unless otherwise specified by the appro14 priate county, town, municipal or other local govern15 ment entity, or public toll road or transit authority; 

16 or 

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

18 converted to a toll lane was constructed as a tem19 porary lane to be replaced by a toll lane under a 

20 plan approved by the appropriate county, town, mu21 nicipal or other local government entity, or public 

22 toll road or transit authority. 

23 SEC. 124. Notwithstanding any other provision of 

24 law, whenever an apportionment is made of the sums au25 thorized to be appropriated for the Surface Transportation 
35 

•HR 5850 EH

1 Program, the Congestion Mitigation and Air Quality Im2 provement Program, the National Highway System Pro3 gram, the Interstate Maintenance Program, and the High4 way Bridge Program, the Secretary of Transportation 

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

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

7 of the amount so deducted in accordance with this section 

8 shall be made available for the Federal Highway Adminis9 tration Livable Communities Program: Provided further, 

10 That the Federal share payable on account of any pro11 gram, project, or activity carried out with funds made 

12 available under this section shall be determined in accord13 ance with 23 U.S.C. 120: Provided further, That the Ad14 ministrator of the Federal Highway Administration may 

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

16 section for administrative expenses: Provided further, That 

17 the sum deducted in accordance with this section shall re18 main available until expended: Provided further, That all 

19 funds made available under this section shall be subject 

20 to any limitation on obligations for Federal-aid highways 

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

22 further, That the obligation limitation made available for 

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

24 made available under this section shall remain available 

25 until used and shall be in addition to the amount of any 
36 

•HR 5850 EH

1 limitation imposed on obligations for Federal-aid highway 

2 and highway safety construction programs for future fiscal 

3 years: Provided further, That in apportioning funds for fis4 cal year 2011 for the equity bonus program under Section 

5 105 of title 23, United States Code, the Secretary shall 

6 make any calculations required to be made under that sec7 tion as if this provision had not been enacted. 

8 SEC. 125. (a) In the explanatory statement ref9 erenced in section 186 of title I of division A of Public 

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

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

12 projects under the heading ‘‘Delta Region Transportation 

13 Development Program’’ is deemed to be amended by strik14 ing ‘‘Chalk Bluff Road, Clay County, AR’’ and inserting 

15 ‘‘Cabot North Interchange, AR’’. 

16 (b) In the explanatory statement referenced in section 

17 186 of title I of division A of Public Law 111–117 (123 

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

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

20 under the heading ‘‘Interstate Maintenance Discre21 tionary’’ is deemed to be amended by striking ‘‘I-480/ 

22 Tiedeman Road Interchange Modification, OH’’ and in23 serting ‘‘Construction and upgrades at four grade cross24 ings in Olmsted Falls, OH’’. 
37 

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1 (c) Funds made available for ‘‘Construction of the I2 278 Environmental Shield, Queens, NY’’ under the head3 ing ‘‘Surface transportation priorities’’ in title I of division 

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

5 available for ‘‘Reconstruction and reconfiguration of the 

6 northbound off-ramp from Interstate 95 to Bartow/ 

7 Baychester Avenue, Bronx, NY’’. 

8 (d) In the explanatory statement referenced in section 

9 186 of title I of division I of Public Law 111–8 (123 Stat. 

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

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

12 heading ‘‘Transportation, Community, and System Pres13 ervation Program’’ is deemed to be amended by striking 

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

15 and inserting ‘‘Newton County Eastside High School to 

16 County Library Trail, GA’’. 

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

18 Safe, Accountable, Flexible, Efficient Transportation Eq19 uity Act: A Legacy for Users (119 Stat. 1256) is amend20 ed— 

21 (a) in item number 1366, by striking the project de22 scription and inserting ‘‘Road and bridge improvements 

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

24 and 
38 

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1 (b) in item number 2252 by striking the project de2 scription and inserting ‘‘Operational safety studies, final 

3 design and/or construction of intersection operational and 

4 safety improvements for USH 53 between Rice Lake and 

5 Superior, Wisconsin’’. 

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

7 Transportation Equity Act for the 21st Century (112 

8 Stat. 257) is amended— 

9 (a) in item number 414 by striking the project de10 scription and inserting ‘‘Engineering, design and construc11 tion of the North Street, Pittsfield, streetscaping project’’; 

12 and 

13 (b) in item number 815 by striking the project de14 scription and inserting ‘‘ Highway 10 relocation, City of 

15 Wadena’’. 

16 SEC. 128. Of the unobligated balances made available 

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

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

19 rescinded: Provided,That in administering the rescission 

20 required under this section, the Secretary of Transpor21 tation shall first consider: (1) projects where the des22 ignated purpose has been completed and the remaining 

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

24 projects with more than 90 percent of the appropriated 

25 amount remaining available for obligation. 
39 

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1 SEC. 129. Of the amounts made available for ‘‘High2 way Related Safety Grants’’ by section 402 of title 23, 

3 United States Code, and administered by the Federal 

4 Highway Administration, $3,651 in unobligated balances 

5 are rescinded. 

6 SEC. 130. Of the amounts made available under sec7 tion 104(a) of title 23, United States Code, $1,863,000 

8 are permanently rescinded. 

9 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

10 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

11 (LIQUIDATION OF CONTRACT AUTHORIZATION)

12 (LIMITATION ON OBLIGATIONS)

13 (HIGHWAY TRUST FUND)

14 For payment of obligations incurred in the implemen15 tation, execution and administration of motor carrier safe16 ty operations and programs pursuant to section 31104(i) 

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

18 4134 of Public Law 109–59, $259,878,000, to be derived 

19 from the Highway Trust Fund (other than the Mass Tran20 sit Account), together with advances and reimbursements 

21 received by the Federal Motor Carrier Safety Administra22 tion, the sum of which shall remain available until ex23 pended: Provided, That none of the funds derived from 

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

25 the implementation, execution or administration of pro-
40 

•HR 5850 EH

1 grams, the obligations for which are in excess of 

2 $259,878,000, for ‘‘Motor Carrier Safety Operations and 

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

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

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

6 for commercial motor vehicle operator’s grants to carry 

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

8 That notwithstanding any other provision of law, none of 

9 the funds under this heading for outreach and education 

10 shall be available for transfer. 

11 MOTOR CARRIER SAFETY GRANTS

12 (LIQUIDATION OF CONTRACT AUTHORIZATION)

13 (LIMITATION ON OBLIGATIONS)

14 (HIGHWAY TRUST FUND)

15 For payment of obligations incurred in carrying out 

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

17 31313 of title 49, United States Code, and sections 4126 

18 and 4128 of Public Law 109–59, $310,070,000, to be de19 rived from the Highway Trust Fund (other than the Mass 

20 Transit Account) and to remain available until expended: 

21 Provided, That none of the funds in this Act shall be avail22 able for the implementation or execution of programs, the 

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

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

25 shall be available for the motor carrier safety assistance 
41 

•HR 5850 EH

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

2 49, United States Code; $30,000,000 shall be available for 

3 the commercial driver’s license improvements program to 

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

5 $32,000,000 shall be available for the border enforcement 

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

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

8 performance and registration information system manage9 ment program to carry out sections 31106(b) and 31109 

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

11 available for the commercial vehicle information systems 

12 and networks deployment program to carry out section 

13 4126 of Public Law 109–59; and $3,000,000 shall be 

14 available for the safety data improvement program to 

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

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

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

18 available for audits of new entrant motor carriers. 

19 MOTOR CARRIER SAFETY

20 (HIGHWAY TRUST FUND)

21 (RESCISSION)

22 Of the amounts made available under this heading 

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

24 balances are permanently rescinded. 
42 

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1 NATIONAL MOTOR CARRIER SAFETY PROGRAM

2 (HIGHWAY TRUST FUND)

3 (RESCISSION)

4 Of the amounts made available under this heading 

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

6 balances are permanently rescinded. 

7 ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER

8 SAFETY ADMINISTRATION

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

10 shall be subject to the terms and conditions stipulated in 

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

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

13 a report to the House and Senate Appropriations Commit14 tees annually on the safety and security of transportation 

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

16 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

17 OPERATIONS AND RESEARCH

18 For expenses necessary to discharge the functions of 

19 the Secretary, with respect to traffic and highway safety 

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

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

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

23 remain available through September 30, 2012: Provided, 

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

25 obligated or expended to plan, finalize, or implement any 
43 

•HR 5850 EH

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

2 Code of Federal Regulations any requirement pertaining 

3 to a grading standard that is different from the three 

4 grading standards (treadwear, traction, and temperature 

5 resistance) already in effect. 

6 OPERATIONS AND RESEARCH

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (LIMITATION ON OBLIGATIONS)

9 (HIGHWAY TRUST FUND)

10 For payment of obligations incurred in carrying out 

11 the provisions of 23 U.S.C. 403, $110,073,000 to be de12 rived from the Highway Trust Fund (other than the Mass 

13 Transit Account) and to remain available until expended: 

14 Provided, That none of the funds in this Act shall be avail15 able for the planning or execution of programs the total 

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

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

18 403: Provided further, That within the $110,073,000 obli19 gation limitation for operations and research, $10,000,000 

20 shall remain available until September 30, 2012 and shall 

21 be in addition to the amount of any limitation imposed 

22 on obligations for future years. 
44 

•HR 5850 EH

1 NATIONAL DRIVER REGISTER

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

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

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

8 the Mass Transit Account) and to remain available until 

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

10 shall be available for the implementation or execution of 

11 programs the total obligations for which, in fiscal year 

12 2011, are in excess of $4,170,000 for the National Driver 

13 Register authorized under such chapter. 

14 NATIONAL DRIVER REGISTER MODERNIZATION

15 For an additional amount for the ‘‘National Driver 

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

17 States Code, $2,530,000, to remain available through Sep18 tember 30, 2012: Provided, That the funding made avail19 able under this heading shall be used to continue the mod20 ernization of the National Driver Register. 
45 

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1 HIGHWAY TRAFFIC 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 the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 

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

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

9 $626,328,000 (reduced by $50,000,000) to be derived 

10 from the Highway Trust Fund (other than the Mass Tran11 sit Account): Provided, That none of the funds in this Act 

12 shall be available for the planning or execution of pro13 grams the total obligations for which, in fiscal year 2011, 

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

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

16 408, and 410 and sections 2001(a)(11), 2009, 2010, and 

17 2011 of Public Law 109–59, of which $235,000,000 shall 

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

19 $25,000,000 shall be for ‘‘Occupant Protection Incentive 

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

21 $50,000,000) shall be for ‘‘Safety Belt Performance 

22 Grants’’ under 23 U.S.C. 406, and such obligation limita23 tion shall remain available until September 30, 2012 in 

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

25 shall be in addition to the amount of any limitation im-
46 

•HR 5850 EH

1 posed on obligations for such grants for future fiscal 

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

3 by the Secretary as grants to States that enact and en4 force laws to prevent distracted driving; $34,500,000 shall 

5 be for ‘‘State Traffic Safety Information System Improve6 ments’’ under 23 U.S.C. 408; $139,000,000 shall be for 

7 ‘‘Alcohol-Impaired Driving Countermeasures Incentive 

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

9 be for ‘‘Administrative Expenses’’ under section 

10 2001(a)(11) of Public Law 109–59; $29,000,000 shall be 

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

12 2009 of Public Law 109–59; $7,000,000 shall be for ‘‘Mo13 torcyclist Safety’’ under section 2010 of Public Law 109– 

14 59; and $7,000,000 shall be for ‘‘Child Safety and Child 

15 Booster Seat Safety Incentive Grants’’ under section 2011 

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

17 made available for grants to States that enact and enforce 

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

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

20 broadcast and print media advertising for distracted driv21 ing prevention: Provided further, That none of these funds 

22 shall be used for construction, rehabilitation, or remod23 eling costs, or for office furnishings and fixtures for State, 

24 local or private buildings or structures: Provided further, 

25 That not to exceed $500,000 of the funds made available 
47 

•HR 5850 EH

1 for section 410 ‘‘Alcohol-Impaired Driving Counter2 measures Grants’’ shall be available for technical assist3 ance to the States: Provided further, That not to exceed 

4 $750,000 of the funds made available for the ‘‘High Visi5 bility Enforcement Program’’ shall be available for the 

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

7 109–59. 

8 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

9 TRAFFIC SAFETY ADMINISTRATION

10 (INCLUDING RESCISSION)

11 SEC. 140. Notwithstanding any other provision of law 

12 or limitation on the use of funds made available under 

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

14 $130,000 shall be made available to the National Highway 

15 Traffic Safety Administration, out of the amount limited 

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

17 for travel and related expenses for State management re18 views and to pay for core competency development train19 ing and related expenses for highway safety staff. 

20 SEC. 141. The limitations on obligations for the pro21 grams of the National Highway Traffic Safety Adminis22 tration set in this Act shall not apply to obligations for 

23 which obligation authority was made available in previous 

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

25 the obligation authority has not lapsed or been used. 
48 

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

2 heading ‘‘Highway Traffic Safety Grants (Liquidation of 

3 Contract Authorization) (Limitation on Obligations) 

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

5 $7,907,000 in unobligated balances are permanently re6 scinded. 

7 FEDERAL RAILROAD ADMINISTRATION

8 SAFETY AND OPERATIONS

9 For necessary expenses of the Federal Railroad Ad10 ministration, not otherwise provided for, $203,348,000, of 

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

12 RAILROAD RESEARCH AND DEVELOPMENT

13 For necessary expenses for railroad research and de14 velopment, $40,000,000, to remain available until ex15 pended. 

16 RAILROAD SAFETY TECHNOLOGY PROGRAM

17 For necessary expenses of carrying out section 20158 

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

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

20 assistance under this heading, an entity need not have de21 veloped plans required under subsection 20156(e)(2) of 

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

23 title. 
49 

•HR 5850 EH

1 RAILROAD REHABILITATION AND IMPROVEMENT

2 FINANCING PROGRAM

3 The Secretary of Transportation is authorized to 

4 issue to the Secretary of the Treasury notes or other obli5 gations pursuant to section 512 of the Railroad Revitaliza6 tion and Regulatory Reform Act of 1976 (Public Law 94– 

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

8 may be necessary to pay any amounts required pursuant 

9 to the guarantee of the principal amount of obligations 

10 under sections 511 through 513 of such Act, such author11 ity to exist as long as any such guaranteed obligation is 

12 outstanding: Provided, That pursuant to section 502 of 

13 such Act, as amended, no new direct loans or loan guar14 antee commitments shall be made using Federal funds for 

15 the credit risk premium during fiscal year 2011. 

16 CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS

17 AND INTERCITY PASSENGER RAIL SERVICE

18 To enable the Secretary of Transportation to make 

19 grants for high-speed rail projects as authorized under 

20 section 26106 of title 49, United States Code, capital in21 vestment grants to support intercity passenger rail service 

22 as authorized under section 24406 of title 49, United 

23 States Code, and congestion grants as authorized under 

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

25 into cooperative agreements for these purposes as author-
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•HR 5850 EH

1 ized, $1,400,000,000, to remain available until expended: 

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

3 this paragraph are available to the Administrator of the 

4 Federal Railroad Administration to fund the award and 

5 oversight by the Administrator of grants and cooperative 

6 agreements for intercity and high-speed rail: Provided fur7 ther, That up to $30,000,000 of the funds provided under 

8 this paragraph are available to the Administrator for the 

9 purposes of conducting research and demonstrating tech10 nologies supporting the development of high-speed rail in 

11 the United States, including the demonstration of next12 generation rolling stock fleet technology and the imple13 mentation of the Rail Cooperative Research Program au14 thorized by section 24910 of title 49, United States Code: 

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

16 provided under this paragraph may be used for planning 

17 activities that lead directly to the development of a pas18 senger rail corridor investment plan consistent with the 

19 requirements established by the Administrator or a state 

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

21 States Code: Provided further, That the Secretary may re22 tain a portion of the funds made available for planning 

23 activities under the previous proviso to facilitate the prep24 aration of a service development plan and related environ25 mental impact statement for high-speed corridors located 
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1 in multiple States: Provided further, That the Secretary 

2 shall issue interim guidance to applicants covering applica3 tion procedures and administer the grants provided under 

4 this heading pursuant to that guidance until final regula5 tions are issued: Provided further, That not less than 85 

6 percent of the funds provided under this heading shall be 

7 for cooperative agreements that lead to the development 

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

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

10 to issuing a letter of intent or cooperative agreement pur11 suant to Section 24402(f) of title 49, United States Code, 

12 for a major corridor development program, the Secretary 

13 shall provide to the House and Senate Committees on Ap14 propriations written notification consisting of a business 

15 and public investment case for the proposed corridor pro16 gram which shall include: a comprehensive analysis of the 

17 monetary and non-monetary costs and benefits of the cor18 ridor development program; an assessment of ridership, 

19 passenger travel time reductions, congestion relief bene20 fits, environmental benefits, economic benefits, and other 

21 public benefits; operating financial forecasts for the pro22 gram; a full capital cost estimation for the entire project, 

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

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

25 management plan and an evaluation of the grantee’s abil-
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•HR 5850 EH

1 ity to sustain the project: Provided further, That the Fed2 eral share payable of the costs for which a grant or cooper3 ative agreements is made under this heading shall not ex4 ceed 80 percent: Provided further, That in addition to the 

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

6 each of the individual programs funded under this head7 ing, subsections 24402(a)(2), 24402(f), 24402(i), and 

8 24403(a) and (c) of title 49, United States Code, shall 

9 also apply to the provision of funds provided under this 

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

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

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

13 heading: Provided further, That recipients of grants under 

14 this paragraph shall conduct all procurement transactions 

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

16 open competition, as determined by the Secretary, in com17 pliance with existing labor agreements. 

18 OPERATING GRANTS TO THE NATIONAL RAILROAD

19 PASSENGER CORPORATION

20 To enable the Secretary of Transportation to make 

21 quarterly grants to the National Railroad Passenger Cor22 poration for the operation of intercity passenger rail, as 

23 authorized by section 101 of the Passenger Rail Invest24 ment and Improvement Act of 2008 (division B of Public 

25 Law 110–432), $563,000,000, to remain available until 
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•HR 5850 EH

1 expended: Provided, That each grant request shall be ac2 companied by a detailed financial analysis, revenue projec3 tion, and capital expenditure projection justifying the Fed4 eral support to the Secretary’s satisfaction: Provided fur5 ther, That concurrent with the President’s budget request 

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

7 House and Senate Committees on Appropriations a budget 

8 request for fiscal year 2012 in similar format and sub9 stance to those submitted by executive agencies of the 

10 Federal Government. 

11 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

12 RAILROAD PASSENGER CORPORATION

13 To enable the Secretary of Transportation to make 

14 grants to the National Railroad Passenger Corporation for 

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

16 219(b) of the Passenger Rail Investment and Improve17 ment Act of 2008 (division B of Public Law 110–432), 

18 $1,203,500,000 to remain available until expended, of 

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

20 obligations as authorized by section 102 of such Act: Pro21 vided, That after an initial distribution of up to 

22 $200,000,000 which shall be used by the Corporation as 

23 a working capital account, all remaining funds shall be 

24 provided to the Corporation only on a reimbursable basis: 

25 Provided further, That the Secretary may retain up to one- 
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•HR 5850 EH

1 half of 1 percent of the funds provided under this heading 

2 to fund the costs of project management oversight of cap3 ital projects funded by grants provided under this heading, 

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

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

6 approve funding for capital expenditures, including ad7 vance purchase orders of materials, for the Corporation 

8 only after receiving and reviewing a grant request for each 

9 specific capital project justifying the Federal support to 

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

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

12 operating losses of the Corporation: Provided further, That 

13 none of the funds under this heading may be used for cap14 ital projects not approved by the Secretary of Transpor15 tation or on the Corporation’s fiscal year 2010 business 

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

17 management oversight funds authorized under section 

18 101(d) of division B of Public Law 110–432, the Sec19 retary may retain up to an additional one-half of one per20 cent of the funds provided under this heading to fund ex21 penses associated with implementing section 212 of divi22 sion B of Public Law 110–432, including the amendments 

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

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

25 Law 110–432. 
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•HR 5850 EH

1 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

2 ADMINISTRATION

3 SEC. 150. Hereafter, notwithstanding any other pro4 vision of law, funds provided in this Act for the National 

5 Railroad Passenger Corporation shall immediately cease 

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

7 Corporation contracts to have services provided at or from 

8 any location outside the United States. For purposes of 

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

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

11 or part-time Amtrak employee whose base of employment 

12 is located within the United States. 

13 SEC. 151. The Secretary of Transportation may re14 ceive and expend cash, or receive and utilize spare parts 

15 and similar items, from non-United States Government 

16 sources to repair damages to or replace United States 

17 Government owned automated track inspection cars and 

18 equipment as a result of third party liability for such dam19 ages, and any amounts collected under this section shall 

20 be credited directly to the Safety and Operations account 

21 of the Federal Railroad Administration, and shall remain 

22 available until expended for the repair, operation and 

23 maintenance of automated track inspection cars and 

24 equipment in connection with the automated track inspec25 tion program. 
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•HR 5850 EH

1 FEDERAL TRANSIT ADMINISTRATION

2 ADMINISTRATIVE EXPENSES

3 For necessary administrative expenses of the Federal 

4 Transit Administration’s programs authorized by chapter 

5 53 of title 49, United States Code, $106,559,000: Pro6 vided, That for an additional amount to carry out public 

7 transportation fixed guideway safety oversight activities, 

8 $24,139,000, if legislation authorizing such activities is 

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

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

11 not to exceed $2,200,000 shall be available for travel: Pro12 vided further, That none of the funds provided or limited 

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

14 transit security under this heading: Provided further, That 

15 upon submission to the Congress of the fiscal year 2012 

16 President’s budget, the Secretary of Transportation shall 

17 transmit to Congress the annual report on new starts, in18 cluding proposed allocations of funds for fiscal year 2012. 

19 FORMULA AND BUS GRANTS

20 (LIQUIDATION OF CONTRACT AUTHORITY)

21 (LIMITATION ON OBLIGATIONS)

22 (HIGHWAY TRUST FUND)

23 For payment of obligations incurred in carrying out 

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

25 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and 
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1 section 3038 of Public Law 105–178, as amended, 

2 $9,200,000,000 to be derived from the Mass Transit Ac3 count of the Highway Trust Fund and to remain available 

4 until expended: Provided, That funds available for the im5 plementation or execution of programs authorized under 

6 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 

7 5317, 5320, 5335, 5339, and 5340 and section 3038 of 

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

9 obligations of $8,961,348,000 in fiscal year 2011: Pro10 vided further, That of the amounts made available under 

11 this heading, $250,000,000 shall be available for the Sec12 retary of Transportation to make grants for the operating 

13 costs of equipment and facilities for use in public transpor14 tation, if legislation authorizing such activities is enacted 

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

16 That eligible recipients under the previous proviso shall 

17 include States and designated recipients that receive fund18 ing under sections 5307 and 5311 of title 49, United 

19 States Code. 

20 RESEARCH AND UNIVERSITY RESEARCH CENTERS

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

22 5312–5315, 5322, and 5506, $65,376,000, to remain 

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

24 available to carry out the transit cooperative research pro25 gram under section 5313 of title 49, United States Code, 
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1 $4,300,000 is available for the National Transit Institute 

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

3 $7,000,000 is available for university transportation cen4 ters program under section 5506 of title 49, United States 

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

6 carry out national research programs under sections 5312, 

7 5313, 5314, and 5322 of title 49, United States Code. 

8 CAPITAL INVESTMENT GRANTS

9 For necessary expenses to carry out section 5309 of 

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

11 available until expended. 

12 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

13 For grants to the Washington Metropolitan Area 

14 Transit Authority as authorized under section 601 of divi15 sion B of Public Law 110–432, $150,000,000, to remain 

16 available until expended: Provided, That the Secretary 

17 shall approve grants for capital and preventive mainte18 nance expenditures for the Washington Metropolitan Area 

19 Transit Authority only after receiving and reviewing a re20 quest for each specific project: Provided further, That 

21 prior to approving such grants, the Secretary shall deter22 mine that the Washington Metropolitan Area Transit Au23 thority has placed the highest priority on those invest24 ments that will improve the safety of the system. 
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1 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

2 ADMINISTRATION

3 SEC. 160. The limitations on obligations for the pro4 grams of the Federal Transit Administration shall not 

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

6 made available for obligation, or to any other authority 

7 previously made available for obligation. 

8 SEC. 161. Notwithstanding any other provision of 

9 law, funds appropriated or limited by this Act under ‘‘Fed10 eral Transit Administration, Capital Investment Grants’’ 

11 and for bus and bus facilities under ‘‘Federal Transit Ad12 ministration, Formula and Bus Grants’’ for projects speci13 fied in this Act or identified in reports accompanying this 

14 Act not obligated by September 30, 2013, and other recov15 eries, shall be directed to projects eligible to use the funds 

16 for the purposes for which they were originally provided. 

17 SEC. 162. Notwithstanding any other provision of 

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

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

20 that remain available for expenditure, may be transferred 

21 to and administered under the most recent appropriation 

22 heading for any such section. 

23 SEC. 163. Notwithstanding any other provision of 

24 law, unobligated funds made available for new fixed guide25 way system projects under the heading ‘‘Federal Transit 
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1 Administration, Capital investment grants’’ in any appro2 priations Act prior to this Act may be used during this 

3 fiscal year to satisfy expenses incurred for such projects. 

4 SEC. 164. Notwithstanding any other provision of 

5 law, unobligated funds or recoveries under section 5309 

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

7 Secretary of Transportation for reallocation shall be di8 rected to projects eligible to use the funds for the purposes 

9 for which they were originally provided. 

10 SAINT LAWRENCE SEAWAY DEVELOPMENT

11 CORPORATION

12 The Saint Lawrence Seaway Development Corpora13 tion is hereby authorized to make such expenditures, with14 in the limits of funds and borrowing authority available 

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

16 such contracts and commitments without regard to fiscal 

17 year limitations as provided by section 104 of the Govern18 ment Corporation Control Act, as amended, as may be 

19 necessary in carrying out the programs set forth in the 

20 Corporation’s budget for the current fiscal year. 

21 OPERATIONS AND MAINTENANCE

22 (HARBOR MAINTENANCE TRUST FUND)

23 For necessary expenses for operations, maintenance, 

24 and capital asset renewal of those portions of the Saint 

25 Lawrence Seaway owned, operated, and maintained by the 
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1 Saint Lawrence Seaway Development Corporation, 

2 $33,868,000, to be derived from the Harbor Maintenance 

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

4 MARITIME ADMINISTRATION

5 MARITIME SECURITY PROGRAM

6 For necessary expenses to maintain and preserve a 

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

8 needs of the United States, $174,000,000, to remain avail9 able until expended. 

10 OPERATIONS AND TRAINING

11 For necessary expenses of operations and training ac12 tivities authorized by law, $169,353,000, of which 

13 $11,240,000 shall remain available until expended for 

14 maintenance and repair of training ships at State Mari15 time Academies, and of which $30,900,000 shall remain 

16 available until expended for capital improvements at the 

17 United States Merchant Marine Academy, and of which 

18 $63,120,000 shall be available for operations at the 

19 United States Merchant Marine Academy, and of which 

20 $6,000,000 shall be available until expended for the Sec21 retary’s reimbursement of overcharged midshipmen fees: 

22 Provided, That the Secretary, through such structure and 

23 administration as the Secretary establishes, shall reim24 burse current and former midshipmen of United States 

25 Merchant Marine Academy in such amounts as the Sec-
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1 retary determines, in his sole discretion, to be appropriate 

2 to address claims regarding the overcharging of mid3 shipman fees, pertaining first to academic years 2003/ 

4 2004 through 2008/2009, and then pertaining to earlier 

5 academic years to the extent that the Secretary determines 

6 to be appropriate and subject to the amounts specifically 

7 appropriated herein for such reimbursements: Provided 

8 further, That amounts apportioned for the United States 

9 Merchant Marine Academy shall be available only upon 

10 allotments made personally by the Secretary of Transpor11 tation or the Assistant Secretary for Budget and Pro12 grams: Provided further, That the Superintendent, Deputy 

13 Superintendent and the Director of the Office of Resource 

14 Management of the United States Merchant Marine Acad15 emy may not be allotment holders for the United States 

16 Merchant Marine Academy, and the Administrator of 

17 Maritime Administration shall hold all allotments made by 

18 the Secretary of Transportation or the Assistant Secretary 

19 for Budget and Programs under the previous proviso: Pro20 vided further, That 50 percent of the funding made avail21 able for the United States Merchant Marine Academy 

22 under this heading shall be available only after the Sec23 retary, in consultation with the Superintendent and the 

24 Maritime Administration, completes a plan detailing by 

25 program or activity and by object class how such funding 
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1 will be expended at the Academy, and this plan is sub2 mitted to the House and Senate Committees on Appro3 priations. 

4 SHIP DISPOSAL

5 For necessary expenses related to the disposal of ob6 solete vessels in the National Defense Reserve Fleet of the 

7 Maritime Administration, $10,000,000, to remain avail8 able until expended. 

9 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

10 ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary administrative expenses of the mari13 time guaranteed loan program, $3,688,000 shall be paid 

14 to the appropriation for ‘‘Operations and Training’’, Mari15 time Administration. 

16 ADMINISTRATIVE PROVISIONS—MARITIME

17 ADMINISTRATION

18 SEC. 170. Notwithstanding any other provision of 

19 this Act, the Maritime Administration is authorized to fur20 nish utilities and services and make necessary repairs in 

21 connection with any lease, contract, or occupancy involving 

22 Government property under control of the Maritime Ad23 ministration, and payments received therefor shall be cred24 ited to the appropriation charged with the cost thereof: 

25 Provided, That rental payments under any such lease, con-
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1 tract, or occupancy for items other than such utilities, 

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

3 miscellaneous receipts. 

4 PIPELINE AND HAZARDOUS MATERIALS SAFETY

5 ADMINISTRATION

6 OPERATIONAL EXPENSES

7 (PIPELINE SAFETY FUND)

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary operational expenses of the Pipeline 

10 and Hazardous Materials Safety Administration, 

11 $22,383,000, of which $639,000 shall be derived from the 

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

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

14 Safety Information Grants to Communities’’ as authorized 

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

16 HAZARDOUS MATERIALS SAFETY

17 For expenses necessary to discharge the hazardous 

18 materials safety functions of the Pipeline and Hazardous 

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

20 $1,707,000 shall remain available until September 30, 

21 2013: Provided, That up to $800,000 in fees collected 

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

23 fund of the Treasury as offsetting receipts: Provided fur24 ther, That there may be credited to this appropriation, to 

25 be available until expended, funds received from States, 
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1 counties, municipalities, other public authorities, and pri2 vate sources for expenses incurred for training, for reports 

3 publication and dissemination, and for travel expenses in4 curred in performance of hazardous materials exemptions 

5 and approvals functions. 

6 PIPELINE SAFETY

7 (PIPELINE SAFETY FUND)

8 (OIL SPILL LIABILITY TRUST FUND)

9 For expenses necessary to conduct the functions of 

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

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

12 60107, and to discharge the pipeline program responsibil13 ities of the Oil Pollution Act of 1990, $111,111,000, of 

14 which $18,905,000 shall be derived from the Oil Spill Li15 ability Trust Fund and shall remain available until Sep16 tember 30, 2013; and of which $92,206,000 shall be de17 rived from the Pipeline Safety Fund, of which 

18 $51,206,000 shall remain available until September 30, 

19 2013: Provided, That not less than $1,053,000 of the 

20 funds provided under this heading shall be for the one21 call State grant program. 

22 EMERGENCY PREPAREDNESS GRANTS

23 (EMERGENCY PREPAREDNESS FUND)

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

25 5128(b), $188,000, to be derived from the Emergency 
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1 Preparedness Fund, to remain available until September 

2 30, 2012: Provided, That not more than $28,318,000 shall 

3 be made available for obligation in fiscal year 2011 from 

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

5 5128(b)-(c): Provided further, That none of the funds 

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

7 shall be made available for obligation by individuals other 

8 than the Secretary of Transportation, or his designee. 

9 RESEARCH AND INNOVATIVE TECHNOLOGY

10 ADMINISTRATION

11 RESEARCH AND DEVELOPMENT

12 For necessary expenses of the Research and Innova13 tive Technology Administration, $18,900,000, of which 

14 $11,765,000 shall remain available until September 30, 

15 2013: Provided, That there may be credited to this appro16 priation, to be available until expended, funds received 

17 from States, counties, municipalities, other public authori18 ties, and private sources for expenses incurred for train19 ing. 

20 OFFICE OF INSPECTOR GENERAL

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of Inspector 

23 General to carry out the provisions of the Inspector Gen24 eral Act of 1978, as amended, $86,406,000, of which 

25 $285,000 shall be derived from the Highway Trust Fund 
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1 (other than the Mass Transit Account) for costs associ2 ated with the annual audits of the Highway Trust Fund 

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

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

5 United States Code: Provided, That the Inspector General 

6 shall have all necessary authority, in carrying out the du7 ties specified in the Inspector General Act, as amended 

8 (5 U.S.C. App. 3), to investigate allegations of fraud, in9 cluding false statements to the government (18 U.S.C. 

10 1001), by any person or entity that is subject to regulation 

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

12 available under this heading may be used to investigate, 

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

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

15 competition by domestic and foreign air carriers and ticket 

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

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

18 SURFACE TRANSPORTATION BOARD

19 SALARIES AND EXPENSES

20 For necessary expenses of the Surface Transpor21 tation Board, including services authorized by 5 U.S.C. 

22 3109, $31,249,000: Provided, That notwithstanding any 

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

24 established by the Chairman of the Surface Transpor25 tation Board shall be credited to this appropriation as off-
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1 setting collections and used for necessary and authorized 

2 expenses under this heading: Provided further, That the 

3 sum herein appropriated from the general fund shall be 

4 reduced on a dollar-for-dollar basis as such offsetting col5 lections are received during fiscal year 2011, to result in 

6 a final appropriation from the general fund estimated at 

7 no more than $29,999,000. 

8 GENERAL PROVISIONS—DEPARTMENT OF

9 TRANSPORTATION

10 SEC. 180. During the current fiscal year applicable 

11 appropriations to the Department of Transportation shall 

12 be available for maintenance and operation of aircraft; 

13 hire of passenger motor vehicles and aircraft; purchase of 

14 liability insurance for motor vehicles operating in foreign 

15 countries on official department business; and uniforms or 

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

17 5902). 

18 SEC. 181. Appropriations contained in this Act for 

19 the Department of Transportation shall be available for 

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

21 individuals not to exceed the per diem rate equivalent to 

22 the rate for an Executive Level IV. 

23 SEC. 182. None of the funds in this Act shall be avail24 able for salaries and expenses of more than 110 political 

25 and Presidential appointees in the Department of Trans-
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1 portation: Provided, That none of the personnel covered 

2 by this provision may be assigned on temporary detail out3 side the Department of Transportation. 

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

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

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

7 in this Act shall disseminate personal information (as de8 fined in 18 U.S.C. 2725(3)) obtained by a State depart9 ment of motor vehicles in connection with a motor vehicle 

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

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

12 2721. 

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

14 shall not withhold funds provided in this Act for any 

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

16 SEC. 185. Funds received by the Federal Highway 

17 Administration, Federal Transit Administration, and Fed18 eral Railroad Administration from States, counties, mu19 nicipalities, other public authorities, and private sources 

20 for expenses incurred for training may be credited respec21 tively to the Federal Highway Administration’s ‘‘Federal22 Aid Highways’’ account, the Federal Transit Administra23 tion’s ‘‘Research and University Research Centers’’ ac24 count, and to the Federal Railroad Administration’s 

25 ‘‘Safety and Operations’’ account, except for State rail 
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1 safety inspectors participating in training pursuant to 49 

2 U.S.C. 20105. 

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

4 under the appropriate accounts within the Federal High5 way Administration, the Federal Railroad Administration 

6 and the Federal Transit Administration shall be for the 

7 eligible programs, projects and activities in the cor8 responding amounts identified in the committee report ac9 companying this Act for ‘‘Ferry Boats and Ferry Ter10 minal Facilities’’, ‘‘Federal Lands’’, ‘‘Interstate Mainte11 nance Discretionary’’, ‘‘Transportation, Community and 

12 System Preservation Program’’, ‘‘Delta Region Transpor13 tation Development Program’’, ‘‘Rail Line Relocation and 

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

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

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

17 SEC. 187. Notwithstanding any other provisions of 

18 law, rule or regulation, the Secretary of Transportation 

19 is authorized to allow the issuer of any preferred stock 

20 heretofore sold to the Department to redeem or repur21 chase such stock upon the payment to the Department of 

22 an amount determined by the Secretary. 

23 SEC. 188. None of the funds in this Act to the De24 partment of Transportation may be used to make a grant 

25 unless the Secretary of Transportation notifies the House 
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1 and Senate Committees on Appropriations not less than 

2 3 full business days before any discretionary grant award, 

3 letter of intent, or full funding grant agreement totaling 

4 $1,000,000 or more is announced by the department or 

5 its modal administrations from: (1) any discretionary 

6 grant program of the Federal Highway Administration in7 cluding the emergency relief program; (2) the airport im8 provement program of the Federal Aviation Administra9 tion; (3) any grant from the Federal Railroad Administra10 tion; or (4) any program of the Federal Transit Adminis11 tration other than the formula grants and fixed guideway 

12 modernization programs: Provided, That the Secretary 

13 gives concurrent notification to the House and Senate 

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

15 funds from the emergency relief program: Provided fur16 ther, That no notification shall involve funds that are not 

17 available for obligation. 

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

19 minor fees and other funds received by the Department 

20 of Transportation from travel management centers, 

21 charge card programs, the subleasing of building space, 

22 and miscellaneous sources are to be credited to appropria23 tions of the Department of Transportation and allocated 

24 to elements of the Department of Transportation using 
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1 fair and equitable criteria and such funds shall be avail2 able until expended. 

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

4 other Act that the Secretary determines represent im5 proper payments by the Department of Transportation to 

6 a third-party contractor under a financial assistance 

7 award, which are recovered pursuant to law, shall be avail8 able— 

9 (1) to reimburse the actual expenses incurred 

10 by the Department of Transportation in recovering 

11 improper payments; and 

12 (2) to pay contractors for services provided in 

13 recovering improper payments or contractor support 

14 in the implementation of the Improper Payments In15 formation Act of 2002: Provided, That amounts in 

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

17 (A) shall be credited to and merged with 

18 the appropriation from which the improper pay19 ments were made, and shall be available for the 

20 purposes and period for which such appropria21 tions are available; or 

22 (B) if no such appropriation remains avail23 able, shall be deposited in the Treasury as mis24 cellaneous receipts: Provided further, That prior 

25 to the transfer of any such recovery to an ap-
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1 propriations account, the Secretary shall notify 

2 to the House and Senate Committees on Appro3 priations of the amount and reasons for such 

4 transfer: Provided further, That for purposes of 

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

6 has the same meaning as that provided in sec7 tion 2(d)(2) of Public Law 107–300. 

8 SEC. 191. Notwithstanding any other provision of 

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

10 subject to a reprogramming action that requires notice to 

11 be provided to the House and Senate Committees on Ap12 propriations, said reprogramming action shall be approved 

13 or denied solely by the Committees on Appropriations: 

14 Provided, That the Secretary may provide notice to other 

15 congressional committees of the action of the Committees 

16 on Appropriations on such reprogramming but not sooner 

17 than 30 days following the date on which the reprogram18 ming action has been approved or denied by the House 

19 and Senate Committees on Appropriations. 

20 SEC. 192. None of the funds appropriated or other21 wise made available under this Act may be used by the 

22 Surface Transportation Board of the Department of 

23 Transportation to charge or collect any filing fee for rate 

24 complaints filed with the Board in an amount in excess 
74 

•HR 5850 EH

1 of the amount authorized for district court civil suit filing 

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

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

4 United States Code, in addition to authority provided by 

5 section 327 of title 49, United States Code, the Depart6 ment’s Working Capital Fund is hereby authorized to pro7 vide payments in advance to vendors that are necessary 

8 to carry out the Federal transit pass transportation fringe 

9 benefit program under Executive Order No. 13150 and 

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

11 Department shall include adequate safeguards in the con12 tract with the vendors to ensure timely and high quality 

13 performance under the contract. 

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

15 and Expenses’’account, $7,622,655, to increase the De16 partment’s acquisition workforce capacity and capabilities: 

17 Provided, That such funds may be transferred by the Sec18 retary to any other account in the Department to carry 

19 out the purposes provided herein: Provided further, That 

20 such transfer authority is in addition to any other transfer 

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

22 funds shall be available only to supplement and not to sup23 plant existing acquisition workforce activities: Provided 

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

25 recruitment, retention, and hiring additional members of 
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•HR 5850 EH

1 the acquisition workforce as defined by the Office of Fed2 eral Procurement Policy Act, as amended (41 U.S.C. 401 

3 et seq.): Provided further, That such funds shall be avail4 able for information technology in support of acquisition 

5 workforce effectiveness or for management solutions to 

6 improve acquisition management. 

7 This title may be cited as the ‘‘Department of Trans8 portation Appropriations Act, 2011’’. 

9 TITLE II 

10 DEPARTMENT OF HOUSING AND URBAN 

11 DEVELOPMENT 

12 MANAGEMENT AND ADMINISTRATION

13 EXECUTIVE DIRECTION

14 For necessary salaries and expenses for Executive Di15 rection, $30,265,000, of which not to exceed $7,674,000 

16 shall be available for the immediate Office of the Secretary 

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

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

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

20 and Disadvantaged Business Utilization; not to exceed 

21 $999,000 shall be available for the immediate Office of 

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

23 be available for the immediate Office of the General Coun24 sel; not to exceed $2,709,000 shall be available to the Of25 fice of the Assistant Secretary for Congressional and 
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•HR 5850 EH

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

2 shall be available for the Office of the Assistant Secretary 

3 for Public Affairs; not to exceed $2,163,000 shall be avail4 able to the Office of the Assistant Secretary for Public 

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

6 available to the Office of the Assistant Secretary for Com7 munity Planning and Development; not to exceed 

8 $3,565,000 shall be available to the Office of the Assistant 

9 Secretary for Housing, Federal Housing Commissioner; 

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

11 of the Assistant Secretary for Policy Development and Re12 search; not to exceed $945,000 shall be available to the 

13 Office of the Assistant Secretary for Fair Housing and 

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

15 available to the Office of the Chief Operating Officer: Pro16 vided, That the Secretary of the Department of Housing 

17 and Urban Development is authorized to transfer funds 

18 appropriated for any office funded under this heading to 

19 any other office funded under this heading following the 

20 written notification to the House and Senate Committees 

21 on Appropriations: Provided further, That no appropria22 tion for any office shall be increased or decreased by more 

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

24 That notice of any change in funding greater than 5 per25 cent shall be submitted for prior approval to the House 
77 

•HR 5850 EH

1 and Senate Committees on Appropriations: Provided fur2 ther, That the Secretary shall provide the Committees on 

3 Appropriations quarterly written notification regarding 

4 the status of pending congressional reports: Provided fur5 ther, That the Secretary shall provide all signed reports 

6 required by Congress electronically: Provided further, That 

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

8 this paragraph for the immediate Office of the Secretary 

9 shall be available for official reception and representation 

10 expenses as the Secretary may determine: Provided Fur11 ther, That the Secretary shall notify the Committees on 

12 Appropriations one month before any of the funds made 

13 available under this heading may be used for international 

14 travel. 

15 ADMINISTRATION, OPERATIONS AND MANAGEMENT

16 For necessary salaries and expenses for administra17 tion, operations and management for the Department of 

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

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

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

21 compensation and benefits of the Office of the Chief 

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

23 available for the personnel compensation and benefits of 

24 the Office of Departmental Operations and Coordination; 

25 not to exceed $49,090,000 shall be available for the per-
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•HR 5850 EH

1 sonnel compensation and benefits of the Office of Field 

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

3 be available for the personnel compensation and benefits 

4 of the Office of the Chief Procurement Officer; not to ex5 ceed $33,831,000 shall be available for the personnel com6 pensation and benefits of the remaining staff in the Office 

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

8 shall be available for the personnel compensation and ben9 efits of the remaining staff in the Office of the General 

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

11 the personnel compensation and benefits of the Office of 

12 Departmental Equal Employment Opportunity; not to ex13 ceed $1,316,000 shall be available for the personnel com14 pensation and benefits for the Center for Faith-Based and 

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

16 available for the personnel compensation and benefits for 

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

18 be available for the personnel compensation and benefits 

19 for the Office of Strategic Planning and Management; not 

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

21 compensation and benefits for the Office of the Chief Dis22 aster and Emergency Management Officer; and not to ex23 ceed $264,479,000 (reduced by $21,000,000) (reduced by 

24 $20,000,000) shall be available for non-personnel expenses 

25 of the Department of Housing and Urban Development: 
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•HR 5850 EH

1 Provided, That, funds provided under this heading may 

2 be used for necessary administrative and non-administra3 tive expenses of the Department of Housing and Urban 

4 Development, not otherwise provided for, including pur5 chase of uniforms, or allowances therefor, as authorized 

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

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

8 That notwithstanding any other provision of law, funds 

9 appropriated under this heading may be used for adver10 tising and promotional activities that support the housing 

11 mission area: Provided further, That the Secretary of 

12 Housing and Urban Development is authorized to transfer 

13 funds appropriated for any office included in Administra14 tion, Operations and Management to any other office in15 cluded in Administration, Operations and Management 

16 only after such transfer has been submitted to, and re17 ceived prior written approval by, the House and Senate 

18 Committees on Appropriations: Provided further, That no 

19 appropriation for any office shall be increased or de20 creased by more than 10 percent by all such transfers. 

21 Provided Further,That the Secretary shall notify the Com22 mittees on Appropriations one month before any of the 

23 funds made available under this heading may be used for 

24 international travel. 
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1 PERSONNEL COMPENSATION AND BENEFITS

2 PUBLIC AND INDIAN HOUSING

3 For necessary personnel compensation and benefits 

4 expenses of the Office of Public and Indian Housing, 

5 $197,282,000. 

6 COMMUNITY PLANNING AND DEVELOPMENT

7 For necessary personnel compensation and benefits 

8 expenses of the Office of Community Planning and Devel9 opment mission area, $105,768,000. 

10 HOUSING

11 For necessary personnel compensation and benefits 

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

13 OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE

14 ASSOCIATION

15 For necessary personnel compensation and benefits 

16 expenses of the Office of the Government National Mort17 gage Association, $10,902,000, to be derived from the 

18 GNMA guarantees of mortgage backed securities guaran19 teed loan receipt account. 

20 POLICY DEVELOPMENT AND RESEARCH

21 For necessary personnel compensation and benefits 

22 expenses of the Office of Policy Development and Re23 search, $23,588,000 (reduced by $2,978,450). 
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1 FAIR HOUSING AND EQUAL OPPORTUNITY

2 For necessary personnel compensation and benefits 

3 expenses of the Office of Fair Housing and Equal Oppor4 tunity, $67,964,000. 

5 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

6 CONTROL

7 For necessary personnel compensation and benefits 

8 expenses of the Office of Healthy Homes and Lead Haz9 ard Control, $6,762,000. 

10 PUBLIC AND INDIAN HOUSING

11 TENANT-BASED RENTAL ASSISTANCE

12 (INCLUDING TRANSFER OF FUNDS)

13 For activities and assistance for the provision of ten14 ant-based rental assistance authorized under the United 

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

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

17 $15,395,663,000, to remain available until expended, shall 

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

19 $4,000,000,000 previously appropriated under this head20 ing that will become available on October 1, 2010), and 

21 $4,000,000,000, to remain available until expended, shall 

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

23 amounts made available under this heading are provided 

24 as follows: 
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•HR 5850 EH

1 (1) $17,080,000,000 shall be available for re2 newals of expiring section 8 tenant-based annual 

3 contributions contracts (including renewals of en4 hanced vouchers under any provision of law author5 izing such assistance under section 8(t) of the Act) 

6 and including renewal of other special purpose 

7 vouchers initially funded in fiscal years 2009 and 

8 2010 (such as Family Unification, Veterans Affairs 

9 Supportive Housing Vouchers and Non-elderly Dis10 abled Vouchers): Provided, That notwithstanding 

11 any other provision of law, from amounts provided 

12 under this paragraph and any carryover, the Sec13 retary for the calendar year 2011 funding cycle shall 

14 provide renewal funding for each public housing 

15 agency based on validated voucher management sys16 tem (VMS) leasing and cost data for calendar year 

17 2010 and by applying the most recent 12 months of 

18 the Annual Adjustment Factor as established by the 

19 Secretary, and by making any necessary adjustments 

20 for the costs associated with the first-time renewal 

21 of vouchers under this paragraph including tenant 

22 protection, and HOPE VI vouchers: Provided fur23 ther, That none of the funds provided under this 

24 paragraph may be used to fund a total number of 

25 unit months under lease which exceeds a public 
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•HR 5850 EH

1 housing agency’s authorized level of units under con2 tract, except for public housing agencies partici3 pating in the Moving to Work demonstration, which 

4 are instead governed by the terms and conditions of 

5 their MTW agreements: Provided further, That the 

6 Secretary shall, to the extent necessary to stay with7 in the amount specified under this paragraph, pro 

8 rate each public housing agency’s allocation other9 wise established pursuant to this paragraph: Pro10 vided further, That except as provided in the fol11 lowing provisos, the entire amount specified under 

12 this paragraph shall be obligated to the public hous13 ing agencies based on the allocation and pro rata 

14 method described above, and the Secretary shall no15 tify public housing agencies of their annual budget 

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

17 Provided further, That the Secretary may extend the 

18 60-day notification period with prior written ap19 proval of the House and Senate Committees on Ap20 propriations: Provided further, That public housing 

21 agencies participating in the Moving to Work dem22 onstration shall be funded pursuant to their Moving 

23 to Work agreements and shall be subject to the 

24 same pro rata adjustments under the previous pro25 visos: Provided further, That up to $150,000,000 
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•HR 5850 EH

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

2 for public housing agencies, after application for an 

3 adjustment by a public housing agency that experi4 enced a significant increase, as determined by the 

5 Secretary, in renewal costs of tenant-based rental 

6 assistance resulting from unforeseen circumstances 

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

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

9 month period in order to be available to meet a com10 mitment pursuant to section 8(o)(13) of the Act; (3) 

11 for any increase in the costs associated with deposits 

12 to family self-sufficiency program escrow accounts; 

13 (4) for onetime adjustments of renewal funding for 

14 Public Housing Agencies in receivership with ap15 proved fungibility plans for calendar year 2009 as 

16 authorized in Section 11003 of the Consolidated Se17 curity, Disaster Assistance, and Continuing Appro18 priations Act, 2009 (Public Law 110–329); or (5) to 

19 adjust allocations for public housing agencies to pre20 vent termination of assistance to families receiving 

21 assistance under the disaster voucher program, as 

22 authorized by Public Law 109–148 under the head23 ing ‘‘Tenant-Based Rental Assistance’’: Provided 

24 further, That the Secretary shall allocate amounts 

25 under the previous proviso based on need as deter-
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•HR 5850 EH

1 mined by the Secretary: Provided further, That of 

2 the amounts made available under this paragraph, 

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

4 merged with the appropriation for ‘‘Transformation 

5 Initiative’’; 

6 (2) $125,000,000 shall be for section 8 rental 

7 assistance for relocation and replacement of housing 

8 units that are demolished or disposed of pursuant to 

9 the Omnibus Consolidated Rescissions and Appro10 priations Act of 1996 (Public Law 104–134), con11 version of section 23 projects to assistance under 

12 section 8, the family unification program under sec13 tion 8(x) of the Act, relocation of witnesses in con14 nection with efforts to combat crime in public and 

15 assisted housing pursuant to a request from a law 

16 enforcement or prosecution agency, enhanced vouch17 ers under any provision of law authorizing such as18 sistance under section 8(t) of the Act, HOPE VI 

19 vouchers, mandatory and voluntary conversions, and 

20 tenant protection assistance including replacement 

21 and relocation assistance or for project based assist22 ance to prevent the displacement of unassisted elder23 ly tenants currently residing in section 202 prop24 erties financed between 1959 and 1974 that are refi25 nanced pursuant to Public Law 106–569, as amend-
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•HR 5850 EH

1 ed, or under the authority as provided under this 

2 Act: Provided, That the Secretary shall provide re3 placement vouchers for all units that were occupied 

4 within the previous 24 months that cease to be avail5 able as assisted housing, subject only to the avail6 ability of funds; 

7 (3) $1,851,000,000 shall be for administrative 

8 and other expenses of public housing agencies in ad9 ministering the section 8 tenant-based rental assist10 ance program, of which up to $50,000,000 shall be 

11 available to the Secretary to allocate to public hous12 ing agencies that need additional funds to admin13 ister their section 8 programs, including fees associ14 ated with section 8 tenant protection rental assist15 ance, the administration of disaster related vouchers, 

16 Veterans Affairs Supportive Housing vouchers, and 

17 other incremental vouchers: Provided, That no less 

18 than $1,741,000,000 of the amount provided in this 

19 paragraph shall be allocated to public housing agen20 cies for the calendar year 2011 funding cycle based 

21 on section 8(q) of the Act (and related Appropria22 tion Act provisions) as in effect immediately before 

23 the enactment of the Quality Housing and Work Re24 sponsibility Act of 1998 (Public Law 105–276): Pro25 vided further, That if the amounts made available 
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•HR 5850 EH

1 under this paragraph are insufficient to pay the 

2 amounts determined under the previous proviso, the 

3 Secretary may decrease the amounts allocated to 

4 agencies by a uniform percentage applicable to all 

5 agencies receiving funding under this paragraph or 

6 may, to the extent necessary to provide full payment 

7 of amounts determined under the previous proviso, 

8 utilize unobligated balances, including recaptures 

9 and carryovers, remaining from funds appropriated 

10 to the Department of Housing and Urban Develop11 ment under this heading, for fiscal year 2010 and 

12 prior fiscal years, notwithstanding the purposes for 

13 which such amounts were appropriated: Provided 

14 further, That amounts provided under this para15 graph shall be only for activities related to the provi16 sion of tenant-based rental assistance authorized 

17 under section 8, including related development ac18 tivities: Provided further, That $60,000,000 shall be 

19 available for family self-sufficiency coordinators 

20 under section 23 of the Act: Provided further, That 

21 amounts provided for family self-sufficiency coordi22 nators shall be obligated to the public housing agen23 cies not later than 60 days after enactment of this 

24 Act; 
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•HR 5850 EH

1 (4) $113,663,183 for renewal of tenant-based 

2 assistance contracts under section 811 of the Cran3 ston-Gonzalez National Affordable Housing Act (42 

4 U.S.C. 8013) entered into prior to fiscal year 2007; 

5 (5) $75,000,000 for incremental rental voucher 

6 assistance for use through a supported housing pro7 gram administered in conjunction with the Depart8 ment of Veterans Affairs as authorized under section 

9 8(o)(19) of the United States Housing Act of 1937: 

10 Provided, That the Secretary of Housing and Urban 

11 Development shall make such funding available, not12 withstanding section 204 (competition provision) of 

13 this title, to public housing agencies that partner 

14 with eligible VA Medical Centers or other entities as 

15 designated by the Secretary of the Department of 

16 Veterans Affairs, based on geographical need for 

17 such assistance as identified by the Secretary of the 

18 Department of Veterans Affairs, public housing 

19 agency administrative performance, and other fac20 tors as specified by the Secretary of Housing and 

21 Urban Development in consultation with the Sec22 retary of the Department of Veterans Affairs: Pro23 vided further, That the Secretary of Housing and 

24 Urban Development may waive, or specify alter25 native requirements for (in consultation with the 
89 

•HR 5850 EH

1 Secretary of the Department of Veterans Affairs), 

2 any provision of any statute or regulation that the 

3 Secretary of Housing and Urban Development ad4 ministers in connection with the use of funds made 

5 available under this paragraph (except for require6 ments related to fair housing, nondiscrimination, 

7 labor standards, and the environment), upon a find8 ing by the Secretary that any such waivers or alter9 native requirements are necessary for the effective 

10 delivery and administration of such voucher assist11 ance: Provided further, That assistance made avail12 able under this paragraph shall continue to remain 

13 available for homeless veterans upon turn-over; 

14 (6) Up to $66,000,000 for incremental tenant15 based assistance for eligible families assisted under 

16 the Disaster Housing Assistance Program for Hurri17 canes Ike and Gustav: Provided, That these vouchers 

18 will not be re-issued when families leave the pro19 gram; 

20 (7) $85,000,000 for incremental voucher assist21 ance under section 8(o) of the United States Hous22 ing Act of 1937, including related administrative ex23 penses, for two competitive demonstration programs 

24 to address the needs of families and individuals who 

25 are homeless or at risk of homelessness, as defined 
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•HR 5850 EH

1 by the Secretary of Housing and Urban Develop2 ment, to be administered by the Department of 

3 Housing and Urban Development in conjunction 

4 with the Department of Health and Human Services 

5 and the Department of Education: Provided, That 

6 one demonstration program shall make funding 

7 available to public housing agencies that: (1) partner 

8 with eligible state or local entities responsible for 

9 distributing Temporary Assistance for Needy Fami10 lies (TANF) and other health and human services as 

11 designated by the Secretary of the Department of 

12 Health and Human Services; and (2) partner with 

13 school homelessness liaisons funded through the De14 partment of Education’s Education for Homeless 

15 Children and Youths program: Provided further, 

16 That the other demonstration program shall make 

17 funding available to public housing agencies that 

18 partner with eligible state Medicaid agencies and 

19 state behavioral health entities as designated by the 

20 Secretary of the Department of Health and Human 

21 Services to provide housing in conjunction with Med22 icaid case management, substance abuse treatment, 

23 and mental health services: Provided further, That 

24 the Secretary of Housing and Urban Development 

25 shall make the funding specified in this subsection 
91 

•HR 5850 EH

1 available through such allocation procedures as the 

2 Secretary determines to be appropriate, notwith3 standing section 213 of the Housing and Community 

4 Development Act of 1974 (42 U.S.C. 1439) and sec5 tion 204 (competition provision) of this title, to enti6 ties with demonstrated experience and that meet 

7 such other requirements as determined by the Sec8 retary: Provided further, That the Secretary of 

9 Housing and Urban Development may waive, or 

10 specify alternative requirements for any provision of 

11 any statute or regulation that the Secretary of 

12 Housing and Urban Development administers in 

13 connection with the use of funds made available 

14 under this paragraph (except for requirements re15 lated to fair housing, nondiscrimination, labor stand16 ards, and the environment), upon a finding by the 

17 Secretary that any such waivers or alternative re18 quirements are necessary for the effective delivery 

19 and administration of such voucher assistance: Pro20 vided further, That the Secretary shall publish in the 

21 Federal Register any waiver of any statute or regu22 lation that the Secretary administers pursuant to 

23 this subsection no later than 10 days before the ef24 fective date of such waiver: Provided further, That 

25 assistance made available under this subsection shall 
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•HR 5850 EH

1 continue to remain available for these purposes upon 

2 turn-over. 

3 HOUSING CERTIFICATE FUND

4 Unobligated balances, including recaptures and car5 ryover, remaining from funds appropriated to the Depart6 ment of Housing and Urban Development under this 

7 heading, the heading ‘‘Annual Contributions for Assisted 

8 Housing’’ and the heading ‘‘Project-Based Rental Assist9 ance’’, for fiscal year 2011 and prior years may be used 

10 for renewal of or amendments to section 8 project-based 

11 contracts and for performance-based contract administra12 tors, notwithstanding the purposes for which such funds 

13 were appropriated: Provided, That any obligated balances 

14 of contract authority from fiscal year 1974 and prior that 

15 have been terminated shall be cancelled: Provided further, 

16 That amounts heretofore recaptured, or recaptured during 

17 the current fiscal year, from project-based Section 8 con18 tracts from source years fiscal year 1975 through fiscal 

19 year 1987 are hereby rescinded, and an amount of addi20 tional new budget authority, equivalent to the amount re21 scinded is hereby appropriated, to remain available until 

22 expended, for the purposes set forth under this heading, 

23 in addition to amounts otherwise available. 
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•HR 5850 EH

1 PUBLIC HOUSING CAPITAL FUND

2 For the Public Housing Capital Fund Program to 

3 carry out capital and management activities for public 

4 housing agencies, as authorized under section 9 of the 

5 United States Housing Act of 1937 (42 U.S.C. 1437g) 

6 (the ‘‘Act’’) $2,500,000,000, to remain available until 

7 September 30, 2014: Provided, That notwithstanding any 

8 other provision of law or regulation, during fiscal year 

9 2011 the Secretary of Housing and Urban Development 

10 may not delegate to any Department official other than 

11 the Deputy Secretary and the Assistant Secretary for 

12 Public and Indian Housing any authority under paragraph 

13 (2) of section 9(j) regarding the extension of the time peri14 ods under such section: Provided further, That for pur15 poses of such section 9(j), the term ‘‘obligate’’ means, with 

16 respect to amounts, that the amounts are subject to a 

17 binding agreement that will result in outlays, immediately 

18 or in the future: Provided further, That up to $15,345,000 

19 shall be to support the ongoing Public Housing Financial 

20 and Physical Assessment activities of the Real Estate As21 sessment Center (REAC): Provided further, That of the 

22 total amount provided under this heading, not to exceed 

23 $20,000,000 shall be available for the Secretary to make 

24 grants, notwithstanding section 204 of this Act, to public 

25 housing agencies for emergency capital needs resulting 
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•HR 5850 EH

1 from unforeseen or unpreventable emergencies and nat2 ural disasters excluding Presidentially declared emer3 gencies and natural disasters under the Robert T. Stafford 

4 Disaster Relief and Emergency Act (42 U.S.C. 5121 et 

5 seq.) occurring in fiscal year 2011: Provided further, That 

6 of the total amount provided under this heading, 

7 $50,000,000 shall be for supportive services, service coor8 dinators and congregate services as authorized by section 

9 34 of the Act (42 U.S.C. 1437z–6) and the Native Amer10 ican Housing Assistance and Self-Determination Act of 

11 1996 (25 U.S.C. 4101 et seq.): Provided further, That a 

12 Notice of Funding Availability for the funds provided in 

13 the previous proviso shall be issued not later than 60 days 

14 after enactment of this Act: Provided further, That of the 

15 total amount provided under this heading up to 

16 $8,820,000 is to support the costs of administrative and 

17 judicial receiverships: Provided further, That from the 

18 funds made available under this heading, the Secretary 

19 shall provide bonus awards in fiscal year 2011 to public 

20 housing agencies that are designated high performers. 

21 PUBLIC HOUSING OPERATING FUND

22 For 2011 payments to public housing agencies for the 

23 operation and management of public housing, as author24 ized by section 9(e) of the United States Housing Act of 

25 1937 (42 U.S.C. 1437g(e)), $4,829,000,000. 
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•HR 5850 EH

1 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

2 HOUSING (HOPE VI)

3 For grants to public housing agencies for demolition, 

4 site revitalization, replacement housing, and tenant-based 

5 assistance grants to projects as authorized by section 24 

6 of the United States Housing Act of 1937 (42 U.S.C. 

7 1437v), $200,000,000, to remain available until Sep8 tember 30, 2012, of which the Secretary of Housing and 

9 Urban Development may use up to $5,000,000 for tech10 nical assistance and contract expertise, to be provided di11 rectly or indirectly by grants, contracts or cooperative 

12 agreements, including training and cost of necessary travel 

13 for participants in such training, by or to officials and em14 ployees of the department and of public housing agencies 

15 and to residents: Provided, That none of such funds shall 

16 be used directly or indirectly by granting competitive ad17 vantage in awards to settle litigation or pay judgments, 

18 unless expressly permitted herein: Provided further, That 

19 a Notice of Funding Availability for the funds provided 

20 under this heading shall be issued not later than 60 days 

21 after enactment of this Act. 

22 NATIVE AMERICAN HOUSING BLOCK GRANTS

23 For the Native American Housing Block Grants pro24 gram, as authorized under title I of the Native American 

25 Housing Assistance and Self-Determination Act of 1996 
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1 (NAHASDA) (25 U.S.C. 4111 et seq.), $700,000,000, to 

2 remain available until expended: Provided, That, notwith3 standing the Native American Housing Assistance and 

4 Self-Determination Act of 1996, to determine the amount 

5 of the allocation under title I of such Act for each Indian 

6 tribe, the Secretary shall apply the formula under section 

7 302 of such Act with the need component based on single8 race Census data and with the need component based on 

9 multi-race Census data, and the amount of the allocation 

10 for each Indian tribe shall be the greater of the two result11 ing allocation amounts: Provided further, That the Depart12 ment shall notify grantees of their formula allocation with13 in 60 days of enactment of this Act: Provided further, That 

14 of the amounts made available under this heading, 

15 $3,500,000 shall be contracted for assistance for a na16 tional organization representing Native American housing 

17 interests for providing training and technical assistance to 

18 Indian housing authorities and tribally designated housing 

19 entities as authorized under NAHASDA; and $4,250,000 

20 shall be to support the inspection of Indian housing units, 

21 contract expertise, training, and technical assistance in 

22 the training, oversight, and management of such Indian 

23 housing and tenant-based assistance, including up to 

24 $300,000 for related travel: Provided further, That of the 

25 amount provided under this heading, $2,000,000 shall be 
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1 made available for the cost of guaranteed notes and other 

2 obligations, as authorized by title VI of NAHASDA: Pro3 vided further, That such costs, including the costs of modi4 fying such notes and other obligations, shall be as defined 

5 in section 502 of the Congressional Budget Act of 1974, 

6 as amended: Provided further, That these funds are avail7 able to subsidize the total principal amount of any notes 

8 and other obligations, any part of which is to be guaran9 teed, not to exceed $20,000,000. 

10 NATIVE HAWAIIAN HOUSING BLOCK GRANT

11 For the Native Hawaiian Housing Block Grant pro12 gram, as authorized under title VIII of the Native Amer13 ican Housing Assistance and Self-Determination Act of 

14 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to remain 

15 available until expended: Provided, That of this amount, 

16 $300,000 shall be for training and technical assistance ac17 tivities, including up to $100,000 for related travel by Ha18 waii-based HUD employees. 

19 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

20 ACCOUNT

21 For the cost of guaranteed loans, as authorized by 

22 section 184 of the Housing and Community Development 

23 Act of 1992 (12 U.S.C. 1715z), $9,000,000, to remain 

24 available until expended: Provided, That such costs, in25 cluding the costs of modifying such loans, shall be as de-
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1 fined in section 502 of the Congressional Budget Act of 

2 1974: Provided further, That these funds are available to 

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

4 guaranteed, up to $994,000,000: Provided further, That 

5 up to $750,000 shall be for administrative contract ex6 penses including management processes and systems to 

7 carry out the loan guarantee program. 

8 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

9 PROGRAM ACCOUNT

10 For the cost of guaranteed loans, as authorized by 

11 section 184A of the Housing and Community Develop12 ment Act of 1992 (12 U.S.C. 1715z), $1,044,000, to re13 main available until expended: Provided, That such costs, 

14 including the costs of modifying such loans, shall be as 

15 defined in section 502 of the Congressional Budget Act 

16 of 1974: Provided further, That these funds are available 

17 to subsidize total loan principal, any part of which is to 

18 be guaranteed, not to exceed $41,504,255. 

19 COMMUNITY PLANNING AND DEVELOPMENT

20 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

21 For carrying out the Housing Opportunities for Per22 sons with AIDS program, as authorized by the AIDS 

23 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

24 $350,000,000, to remain available until September 30, 

25 2012, except that amounts allocated pursuant to section 
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1 854(c)(3) of such Act shall remain available until Sep2 tember 30, 2013: Provided, That the Secretary shall renew 

3 all expiring contracts for permanent supportive housing 

4 that were funded under section 854(c)(3) of such Act that 

5 meet all program requirements before awarding funds for 

6 new contracts and activities authorized under this section: 

7 Provided further, That the Department shall notify grant8 ees of their formula allocation within 60 days of enactment 

9 of this Act. 

10 COMMUNITY DEVELOPMENT FUND

11 For assistance to units of State and local govern12 ment, and to other entities, for economic and community 

13 development activities, and for other purposes, 

14 $4,352,100,000 (increased by $10,000,000) (increased by 

15 $20,000,000), to remain available until September 30, 

16 2013, unless otherwise specified: Provided, That of the 

17 total amount provided, $3,997,755,000 is for carrying out 

18 the community development block grant program under 

19 title I of the Housing and Community Development Act 

20 of 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 

21 et seq.): Provided further, That unless explicitly provided 

22 for under this heading (except for planning grants pro23 vided in the second paragraph and amounts made avail24 able under the third paragraph), not to exceed 20 percent 

25 of any grant made with funds appropriated under this 
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1 heading shall be expended for planning and management 

2 development and administration: Provided further, That 

3 the Department shall notify grantees of their formula allo4 cation within 60 days of enactment of this Act: Provided 

5 further, That $65,000,000 shall be for grants to Indian 

6 tribes notwithstanding section 106(a)(1) of such Act, of 

7 which, notwithstanding any other provision of law (includ8 ing section 204 of this Act), up to $3,960,000 may be 

9 used for emergencies that constitute imminent threats to 

10 health and safety. 

11 Of the amount made available under this heading, 

12 $77,145,000 shall be available for grants for the Economic 

13 Development Initiative (EDI) to finance a variety of tar14 geted economic investments in accordance with the terms 

15 and conditions specified in the explanatory statement ac16 companying this Act: Provided, That none of the funds 

17 provided under this paragraph may be used for program 

18 operations: Provided further, That, for fiscal years 2008, 

19 2009 and 2010, no unobligated funds for EDI grants may 

20 be used for any purpose except acquisition, planning, de21 sign, purchase of equipment, revitalization, redevelopment 

22 or construction. 

23 Of the amount made available under this heading, 

24 $12,200,000 shall be available for neighborhood initiatives 

25 that are utilized to improve the conditions of distressed 
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1 and blighted areas and neighborhoods, to stimulate invest2 ment, economic diversification, and community revitaliza3 tion in areas with population outmigration or a stagnating 

4 or declining economic base, or to determine whether hous5 ing benefits can be integrated more effectively with welfare 

6 reform initiatives: Provided, That amounts made available 

7 under this paragraph shall be provided in accordance with 

8 the terms and conditions specified in the explanatory 

9 statement accompanying this Act. 

10 The referenced statement of managers under the 

11 heading ‘‘Community Planning and Development’’ in title 

12 II in division I of Public Law 111–8 is deemed to be 

13 amended by striking ‘‘City of Wilson, NC, for demolition 

14 of dilapidated structures from downtown Wilson to further 

15 downtown redevelopment’’ and inserting ‘‘City of Wilson, 

16 NC, for the renovation of blighted structures to enhance 

17 downtown development’’. 

18 The referenced statement of managers under the 

19 heading ‘‘Community Planning and Development’’ in title 

20 II in division I of Public Law 111–8 is deemed to be 

21 amended by striking ‘‘Catskill Visitor Interpretative Cen22 ter, Shandaken, NY, for construction of a visitor’s center’’ 

23 and inserting ‘‘New York State Department of Environ24 mental Conservation, NY, for planning and design of the 

25 Catskill Visitor Interpretative Center’’. 
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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 ‘‘Charles County Department of 

5 Human Services, Maryland, Port Tobacco, MD, for acqui6 sition and rehabilitation of the former Changing Point 

7 South facility as a homeless shelter and transitional hous8 ing’’ and inserting ‘‘Charles County Department of 

9 Human Services, Port Tobacco, MD, for acquisition and 

10 rehabilitation of a facility’’. 

11 Of the amounts made available under this heading, 

12 $150,000,000 shall be made available for a Sustainable 

13 Communities Initiative to improve regional planning ef14 forts that integrate housing and transportation decisions, 

15 and increase the capacity to improve land use and zoning: 

16 Provided, That grants under such Initiative may only be 

17 made to metropolitan planning organizations (MPOs), 

18 rural planning organizations, States or other units of gen19 eral local government, and housing- and transportation20 related nonprofit organizations: Provided further, That 

21 $100,000,000 shall be for Regional Integrated Planning 

22 Grants to support the linking of transportation and land 

23 use planning: Provided further, That not less than 

24 $25,000,000 of the funding made available for Regional 

25 Integrated Planning Grants shall be awarded to metropoli-
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1 tan areas of less than 500,000: Provided further, That 

2 $40,000,000 shall be for Community Challenge Planning 

3 Grants to foster reform and reduce barriers to achieve af4 fordable, economically vital, and sustainable communities: 

5 Provided further, That before funding is made available 

6 for Regional Integrated Planning Grants or Community 

7 Challenge Planning Grants, the Secretary, in coordination 

8 with the Secretary of Transportation, shall submit a plan 

9 to the House and Senate Committees on Appropriations, 

10 the Senate Committee on Banking and Urban Affairs, and 

11 the House Committee on Financial Services establishing 

12 grant criteria as well as performance measures by which 

13 the success of grantees will be measured: Provided further, 

14 That the Secretary will consult with the Secretary of 

15 Transportation in evaluating grant proposals: Provided 

16 further, That up to $10,000,000 shall be for a joint De17 partment of Housing and Urban Development and De18 partment of Transportation research effort that shall in19 clude a rigorous evaluation of the Regional Integrated 

20 Planning Grants and Community Challenge Planning 

21 Grants programs, as well as to provide funding for a clear22 inghouse and capacity building efforts: Provided further, 

23 That of the amounts made available under this heading, 

24 $25,000,000 shall be made available for the Rural Innova25 tion Fund for grants to Indian tribes, State housing fi-
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1 nance agencies, State community and/or economic devel2 opment agencies, local rural nonprofits and community de3 velopment corporations to address the problems of con4 centrated rural housing distress and community poverty: 

5 Provided further, That of the funding made available 

6 under the previous proviso, at least $5,000,000 shall be 

7 made available to promote economic development and en8 trepreneurship for federally recognized Indian Tribes, 

9 through activities including the capitalization of revolving 

10 loan programs and business planning and development, 

11 funding is also made available for technical assistance to 

12 increase capacity through training and outreach activities: 

13 Provided further, That of the amounts made available 

14 under this heading, $25,000,000 (increased by 

15 $10,000,000) is for grants pursuant to section 107 of the 

16 Housing and Community Development Act of 1974 (42 

17 U.S.C. 5307). 

18 COMMUNITY DEVELOPMENT LOAN GUARANTEES

19 PROGRAM ACCOUNT

20 For the cost of guaranteed loans, $10,000,000, to re21 main available until September 30, 2012, as authorized 

22 by section 108 of the Housing and Community Develop23 ment Act of 1974 (42 U.S.C. 5308): Provided, That such 

24 costs, including the cost of modifying such loans, shall be 

25 as defined in section 502 of the Congressional Budget Act 
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1 of 1974: Provided further, That these funds are available 

2 to subsidize total loan principal, any part of which is to 

3 be guaranteed, not to exceed $427,000,000, notwith4 standing any aggregate limitation on outstanding obliga5 tions guaranteed in section 108(k) of the Housing and 

6 Community Development Act of 1974, as amended. 

7 BROWNFIELDS REDEVELOPMENT

8 For competitive economic development grants, as au9 thorized by section 108(q) of the Housing and Community 

10 Development Act of 1974, as amended, for Brownfields 

11 redevelopment projects, $17,500,000, to remain available 

12 until September 30, 2012: Provided, That no funds made 

13 available under this heading may be used to establish loan 

14 loss reserves for the section 108 Community Development 

15 Loan Guarantee program: Provided further, That a Notice 

16 of Funding Availability shall be issued not later than 90 

17 days after enactment of this Act. 

18 HOME INVESTMENT PARTNERSHIPS PROGRAM

19 For the HOME investment partnerships program, as 

20 authorized under title II of the Cranston-Gonzalez Na21 tional Affordable Housing Act, as amended, 

22 $1,825,000,000, to remain available until September 30, 

23 2013: Provided, That, funds provided in prior appropria24 tions Acts for technical assistance, that were made avail25 able for Community Housing Development Organizations 
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1 technical assistance, and that still remain available, may 

2 be used for HOME technical assistance notwithstanding 

3 the purposes for which such amounts were appropriated: 

4 Provided further, That the Department shall notify grant5 ees of their formula allocation within 60 days of enactment 

6 of this Act. 

7 SELF-HELP AND ASSISTED HOMEOWNERSHIP

8 OPPORTUNITY PROGRAM

9 For the Self-Help and Assisted Homeownership Op10 portunity Program, as authorized under section 11 of the 

11 Housing Opportunity Program Extension Act of 1996, as 

12 amended, $82,000,000, to remain available until Sep13 tember 30, 2012: Provided, That of the total amount pro14 vided under this heading, $27,000,000 shall be made 

15 available to the Self-Help and Assisted Homeownership 

16 Opportunity Program as authorized under section 11 of 

17 the Housing Opportunity Program Extension Act of 1996, 

18 as amended: Provided further, That $50,000,000 shall be 

19 made available for the second, third and fourth capacity 

20 building activities authorized under section 4(a) of the 

21 HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), 

22 of which not less than $5,000,000 may be made available 

23 for rural capacity building activities: Provided further, 

24 That $5,000,000 shall be made available for capacity 

25 building activities as authorized in sections 6301 through 
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1 6305 of Public Law 110–246: Provided further, That a 

2 Notice of Funding Availability shall be issued not later 

3 than 60 days after enactment of this Act. 

4 HOMELESS ASSISTANCE GRANTS

5 For the emergency solutions grants program as au6 thorized under subtitle B of title IV of the McKinney7 Vento Homeless Assistance Act, as amended; the con8 tinuum of care program as authorized under subtitle C 

9 of title IV of such Act; and the rural housing stability as10 sistance program as authorized under subtitle D of title 

11 IV of such Act, $2,200,000,000, of which $2,195,000,000 

12 shall remain available until September 30, 2013, and of 

13 which $5,000,000 shall remain available until expended 

14 for project-based rental assistance rehabilitation with 10- 

15 year grant terms and any rental assistance amounts that 

16 are recaptured under such continuum of care program 

17 shall remain available until expended: Provided, That up 

18 to $200,000,000 of the funds appropriated under this 

19 heading shall be available for such emergency solutions 

20 grants program: Provided further, That no less than 

21 $1,989,000,000 of the funds appropriated under this 

22 heading shall be available for such continuum of care and 

23 rural housing stability assistance programs: Provided fur24 ther, That up to $6,000,000 of the funds appropriated 

25 under this heading shall be available for the national 
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1 homeless data analysis project: Provided further, That for 

2 all match requirements applicable to funds made available 

3 under this heading for this fiscal year and prior years, 

4 a grantee may use (or could have used) as a source of 

5 match funds other funds administered by the Secretary 

6 and other Federal agencies unless there is (or was) a spe7 cific statutory prohibition on any such use of any such 

8 funds: Provided further, That the Secretary shall renew 

9 on an annual basis expiring contracts or amendments to 

10 contracts funded under the continuum of care program if 

11 the program is determined to be needed under the applica12 ble continuum of care and meets appropriate program re13 quirements and financial standards, as determined by the 

14 Secretary: Provided further, That all awards of assistance 

15 under this heading shall be required to coordinate and in16 tegrate homeless programs with other mainstream health, 

17 social services, and employment programs for which home18 less populations may be eligible, including Medicaid, State 

19 Children’s Health Insurance Program, Temporary Assist20 ance for Needy Families, Food Stamps, and services fund21 ing through the Mental Health and Substance Abuse 

22 Block Grant, Workforce Investment Act, and the Welfare23 to-Work grant program: Provided further, That all bal24 ances for Shelter Plus Care renewals previously funded 

25 from the Shelter Plus Care Renewal account and trans-
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1 ferred to this account shall be available, if recaptured, for 

2 continuum of care renewals in fiscal year 2011. 

3 HOUSING PROGRAMS

4 PROJECT-BASED RENTAL ASSISTANCE

5 For activities and assistance for the provision of 

6 project-based subsidy contracts under the United States 

7 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

8 Act’’), not otherwise provided for, $8,982,328,000, to re9 main available until expended, shall be available on Octo10 ber 1, 2010 (in addition to the $393,672,000 previously 

11 appropriated under this heading that will become available 

12 October 1, 2010), and $400,000,000, to remain available 

13 until expended, shall be available on October 1, 2011: Pro14 vided, That the amounts made available under this head15 ing shall be available for expiring or terminating section 

16 8 project-based subsidy contracts (including section 8 

17 moderate rehabilitation contracts), for amendments to sec18 tion 8 project-based subsidy contracts (including section 

19 8 moderate rehabilitation contracts), for contracts entered 

20 into pursuant to section 441 of the McKinney-Vento 

21 Homeless Assistance Act (42 U.S.C. 11401), for renewal 

22 of section 8 contracts for units in projects that are subject 

23 to approved plans of action under the Emergency Low In24 come Housing Preservation Act of 1987 or the Low-In25 come Housing Preservation and Resident Homeownership 
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1 Act of 1990, and for administrative and other expenses 

2 associated with project-based activities and assistance 

3 funded under this paragraph: Provided further, That of 

4 the total amounts provided under this heading, not to ex5 ceed $315,000,000 shall be available for performance6 based contract administrators for section 8 project-based 

7 assistance: Provided further, That the Secretary of Hous8 ing and Urban Development may also use such amounts 

9 in the previous proviso for performance-based contract ad10 ministrators for the administration of: interest reduction 

11 payments pursuant to section 236(a) of the National 

12 Housing Act (12 U.S.C. 1715z–1(a)); rent supplement 

13 payments pursuant to section 101 of the Housing and 

14 Urban Development Act of 1965 (12 U.S.C. 1701s); sec15 tion 236(f)(2) rental assistance payments (12 U.S.C. 

16 1715z–1(f)(2)); project rental assistance contracts for the 

17 elderly under section 202(c)(2) of the Housing Act of 

18 1959 (12 U.S.C. 1701q); project rental assistance con19 tracts for supportive housing for persons with disabilities 

20 under section 811(d)(2) of the Cranston-Gonzalez Na21 tional Affordable Housing Act (42 U.S.C. 8013(d)(2)); 

22 project assistance contracts pursuant to section 202(h) of 

23 the Housing Act of 1959 (Public Law 86–372; 73 Stat. 

24 667); and loans under section 202 of the Housing Act of 

25 1959 (Public Law 86–372; 73 Stat. 667): Provided fur-
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1 ther, That amounts recaptured under this heading, the 

2 heading ‘‘Annual Contributions for Assisted Housing’’, or 

3 the heading ‘‘Housing Certificate Fund’’ may be used for 

4 renewals of or amendments to section 8 project-based con5 tracts or for performance-based contract administrators, 

6 notwithstanding the purposes for which such amounts 

7 were appropriated. 

8 HOUSING FOR THE ELDERLY

9 For capital advances, including amendments to cap10 ital advance contracts, for housing for the elderly, as au11 thorized by section 202 of the Housing Act of 1959, as 

12 amended, and for project rental assistance for the elderly 

13 under section 202(c)(2) of such Act, including amend14 ments to contracts for such assistance and renewal of ex15 piring contracts for such assistance for up to a 1-year 

16 term, and for supportive services associated with the hous17 ing, $825,000,000, to remain available until September 

18 30, 2014, of which up to $491,300,000 shall be for capital 

19 advance and project-based rental assistance awards: Pro20 vided, That amounts for project rental assistance con21 tracts are to remain available for the liquidation of valid 

22 obligations for 10 years following the date of such obliga23 tion: Provided further, That of the amount provided under 

24 this heading, up to $90,000,000 shall be for service coordi25 nators and the continuation of existing congregate service 
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1 grants for residents of assisted housing projects, and of 

2 which up to $40,000,000 shall be for grants under section 

3 202b of the Housing Act of 1959 (12 U.S.C. 1701q–2) 

4 for conversion of eligible projects under such section to 

5 assisted living or related use and for substantial and emer6 gency capital repairs as determined by the Secretary: Pro7 vided further, That of the amount made available under 

8 this heading, $20,000,000 shall be available to the Sec9 retary of Housing and Urban Development only for mak10 ing competitive grants to private nonprofit organizations 

11 and consumer cooperatives for covering costs of architec12 tural and engineering work, site control, and other plan13 ning relating to the development of supportive housing for 

14 the elderly that is eligible for assistance under section 202 

15 of the Housing Act of 1959 (12 U.S.C. 1701q): Provided 

16 further, That amounts under this heading shall be avail17 able for Real Estate Assessment Center inspections and 

18 inspection-related activities associated with section 202 

19 capital advance projects: Provided further, That the Sec20 retary may waive the provisions of section 202 governing 

21 the terms and conditions of project rental assistance, ex22 cept that the initial contract term for such assistance shall 

23 not exceed 5 years in duration. 
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1 HOUSING FOR PERSONS WITH DISABILITIES

2 For capital advance contracts, including amendments 

3 to capital advance contracts, for supportive housing for 

4 persons with disabilities, as authorized by section 811 of 

5 the Cranston-Gonzalez National Affordable Housing Act 

6 (42 U.S.C. 8013), for project rental assistance for sup7 portive housing for persons with disabilities under section 

8 811(d)(2) of such Act, including amendments to contracts 

9 for such assistance and renewal of expiring contracts for 

10 such assistance for up to a 1-year term, and for supportive 

11 services associated with the housing for persons with dis12 abilities as authorized by section 811(b)(1) of such Act, 

13 and for tenant-based rental assistance contracts entered 

14 into pursuant to section 811 of such Act, $300,000,000, 

15 of which up to $209,900,000 shall be for capital advances 

16 and project-based rental assistance contracts, to remain 

17 available until September 30, 2014: Provided, That 

18 amounts for project rental assistance contracts are to re19 main available for the liquidation of valid obligations for 

20 10 years following the date of such obligation: Provided 

21 further, That the Secretary may waive the provisions of 

22 section 811 governing the terms and conditions of project 

23 rental assistance, except that the initial contract term for 

24 such assistance shall not exceed 5 years in duration: Pro25 vided further, That amounts made available under this 
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1 heading shall be available for Real Estate Assessment 

2 Center inspections and inspection-related activities associ3 ated with section 811 Capital Advance Projects. 

4 HOUSING COUNSELING ASSISTANCE

5 For contracts, grants, and other assistance excluding 

6 loans, as authorized under section 106 of the Housing and 

7 Urban Development Act of 1968, as amended, 

8 $88,000,000, including up to $2,500,000 for administra9 tive contract services, to remain available until September 

10 30, 2012: Provided, That funds shall be used for providing 

11 counseling and advice to tenants and homeowners, both 

12 current and prospective, with respect to property mainte13 nance, financial management/literacy, and such other mat14 ters as may be appropriate to assist them in improving 

15 their housing conditions, meeting their financial needs, 

16 and fulfilling the responsibilities of tenancy or homeowner17 ship; for program administration; and for housing coun18 selor training. 

19 OTHER ASSISTED HOUSING PROGRAMS

20 RENTAL HOUSING ASSISTANCE

21 For amendments to contracts under section 101 of 

22 the Housing and Urban Development Act of 1965 (12 

23 U.S.C. 1701s) and section 236(f)(2) of the National 

24 Housing Act (12 U.S.C. 1715z–1) in State-aided, non-in-
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1 sured rental housing projects, $40,600,000, to remain 

2 available until expended. 

3 RENT SUPPLEMENT

4 (RESCISSION)

5 Of the amounts recaptured from terminated con6 tracts under section 101 of the Housing and Urban Devel7 opment Act of 1965 (12 U.S.C. 1701s) and section 236 

8 of the National Housing Act (12 U.S.C. 1715z–1) 

9 $40,600,000 are rescinded: Provided, That no amounts 

10 may be rescinded from amounts that were designated by 

11 the Congress as an emergency requirement pursuant to 

12 the Concurrent Resolution on the Budget or the Balanced 

13 Budget and Emergency Deficit Control Act of 1985, as 

14 amended. 

15 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

16 FUND

17 For necessary expenses as authorized by the National 

18 Manufactured Housing Construction and Safety Stand19 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

20 $14,000,000, to remain available until expended, of which 

21 $7,000,000 is to be derived from the Manufactured Hous22 ing Fees Trust Fund: Provided, That not to exceed the 

23 total amount appropriated under this heading shall be 

24 available from the general fund of the Treasury to the ex25 tent necessary to incur obligations and make expenditures 
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1 pending the receipt of collections to the Fund pursuant 

2 to section 620 of such Act: Provided further, That the 

3 amount made available under this heading from the gen4 eral fund shall be reduced as such collections are received 

5 during fiscal year 2011 so as to result in a final fiscal 

6 year 2011 appropriation from the general fund estimated 

7 at not more than $7,000,000 and fees pursuant to such 

8 section 620 shall be modified as necessary to ensure such 

9 a final fiscal year 2011 appropriation: Provided further, 

10 That for the dispute resolution and installation programs, 

11 the Secretary of Housing and Urban Development may 

12 assess and collect fees from any program participant: Pro13 vided further, That such collections shall be deposited into 

14 the Fund, and the Secretary, as provided herein, may use 

15 such collections, as well as fees collected under section 

16 620, for necessary expenses of such Act: Provided further, 

17 That notwithstanding the requirements of section 620 of 

18 such Act, the Secretary may carry out responsibilities of 

19 the Secretary under such Act through the use of approved 

20 service providers that are paid directly by the recipients 

21 of their services. 
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1 FEDERAL HOUSING ADMINISTRATION

2 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 New commitments to guarantee single family loans 

5 insured under the Mutual Mortgage Insurance Fund shall 

6 not exceed $400,000,000,000, to remain available until 

7 September 30, 2012: Provided, That for the cost of new 

8 guaranteed loans, as authorized by section 255 of the Na9 tional Housing Act (12 U.S.C. 17152–20), $150,000,000 

10 (reduced by $10,000,000): Provided further, That during 

11 fiscal year 2011, obligations to make direct loans to carry 

12 out the purposes of section 204(g) of the National Hous13 ing Act, as amended, shall not exceed $50,000,000: Pro14 vided further, That the foregoing amount in the previous 

15 proviso shall be for loans to nonprofit and governmental 

16 entities in connection with sales of single family real prop17 erties owned by the Secretary and formerly insured under 

18 the Mutual Mortgage Insurance Fund. For administrative 

19 contract expenses of the Federal Housing Administration, 

20 $207,000,000, to remain available until September 30, 

21 2012, of which up to $71,500,000 may be transferred to 

22 the Working Capital Fund: Provided further, That to the 

23 extent guaranteed loan commitments exceed 

24 $200,000,000,000 on or before April 1, 2011, an addi25 tional $1,400 for administrative contract expenses shall be 
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1 available for each $1,000,000 in additional guaranteed 

2 loan commitments (including a pro rata amount for any 

3 amount below $1,000,000), but in no case shall funds 

4 made available by this proviso exceed $30,000,000. 

5 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

6 During fiscal year 2011, commitments to guarantee 

7 loans incurred under the General and Special Risk Insur8 ance Funds, as authorized by sections 238 and 519 of the 

9 National Housing Act (12 U.S.C. 1715z–3 and 1735c), 

10 shall not exceed $20,000,000,000 in total loan principal, 

11 any part of which is to be guaranteed. 

12 Gross obligations for the principal amount of direct 

13 loans, as authorized by sections 204(g), 207(l), 238, and 

14 519(a) of the National Housing Act, shall not exceed 

15 $20,000,000,which shall be for loans to non-profit and 

16 governmental entities in connection with the sale of single 

17 family real properties owned by the Secretary and for18 merly insured under such Act. 

19 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

20 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

21 GUARANTEE PROGRAM ACCOUNT

22 New commitments to issue guarantees to carry out 

23 the purposes of section 306 of the National Housing Act, 

24 as amended (12 U.S.C. 1721(g)), shall not exceed 
119 

•HR 5850 EH

1 $500,000,000,000, to remain available until September 

2 30, 2012. 

3 POLICY DEVELOPMENT AND RESEARCH

4 RESEARCH AND TECHNOLOGY

5 For contracts, grants, and necessary expenses of pro6 grams of research and studies relating to housing and 

7 urban problems, not otherwise provided for, as authorized 

8 by title V of the Housing and Urban Development Act 

9 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

10 out the functions of the Secretary of Housing and Urban 

11 Development under section 1(a)(1)(i) of Reorganization 

12 Plan No. 2 of 1968, $50,000,000, to remain available 

13 until September 30, 2012. 

14 FAIR HOUSING AND EQUAL OPPORTUNITY

15 FAIR HOUSING ACTIVITIES

16 For contracts, grants, and other assistance, not oth17 erwise provided for, as authorized by title VIII of the Civil 

18 Rights Act of 1968, as amended by the Fair Housing 

19 Amendments Act of 1988, and section 561 of the Housing 

20 and Community Development Act of 1987, as amended, 

21 $72,000,000, to remain available until September 30, 

22 2012, of which $42,500,000 shall be to carry out activities 

23 pursuant to such section 561: Provided, That notwith24 standing 31 U.S.C. 3302, the Secretary may assess and 

25 collect fees to cover the costs of the Fair Housing Training 
120 

•HR 5850 EH

1 Academy, and may use such funds to provide such train2 ing: Provided further, That no funds made available under 

3 this heading shall be used to lobby the executive or legisla4 tive branches of the Federal Government in connection 

5 with a specific contract, grant or loan. 

6 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

7 HOMES

8 LEAD HAZARD REDUCTION

9 For the Lead Hazard Reduction Program, as author10 ized by section 1011 of the Residential Lead-Based Paint 

11 Hazard Reduction Act of 1992, $140,000,000, to remain 

12 available until September 30, 2012, of which not less than 

13 $40,000,000 shall be for the Healthy Homes Initiative, 

14 pursuant to sections 501 and 502 of the Housing and 

15 Urban Development Act of 1970 that shall include re16 search, studies, testing, and demonstration efforts, includ17 ing education and outreach concerning lead-based paint 

18 poisoning and other housing-related diseases and hazards: 

19 Provided, That for purposes of environmental review, pur20 suant to the National Environmental Policy Act of 1969 

21 (42 U.S.C. 4321 et seq.) and other provisions of the law 

22 that further the purposes of such Act, a grant under the 

23 Healthy Homes Initiative, Operation Lead Elimination 

24 Action Plan (LEAP), or the Lead Technical Studies pro25 gram under this heading or under prior appropriations 
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1 Acts for such purposes under this heading, shall be consid2 ered to be funds for a special project for purposes of sec3 tion 305(c) of the Multifamily Housing Property Disposi4 tion Reform Act of 1994: Provided further, That amounts 

5 made available under this heading in this or prior appro6 priations Acts, and that still remain available, may be used 

7 for any purpose under this heading notwithstanding the 

8 purpose for which such amounts were appropriated if a 

9 program competition is undersubscribed and there are 

10 other program competitions under this heading that are 

11 oversubscribed: Provided further, That a Notice of Fund12 ing Availability shall be issued not later than 60 days after 

13 enactment of this Act. 

14 MANAGEMENT AND ADMINISTRATION

15 WORKING CAPITAL FUND

16 For additional capital for the Working Capital Fund 

17 (42 U.S.C. 3535) for the maintenance of infrastructure 

18 for Department-wide information technology systems, for 

19 the continuing operation and maintenance of both Depart20 ment-wide and program-specific information systems, and 

21 for program-related maintenance activities, $243,500,000, 

22 to remain available until September 30, 2012: Provided, 

23 That any amounts transferred to this Fund under this Act 

24 shall remain available until expended: Provided further, 

25 That any amounts transferred to this Fund from amounts 
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1 appropriated by previously enacted appropriations Acts or 

2 from within this Act may be used only for the purposes 

3 specified under this Fund, in addition to the purposes for 

4 which such amounts were appropriated: Provided further, 

5 That up to $15,000,000 may be transferred to this ac6 count from all other accounts in this title (except for the 

7 Office of the Inspector General account) that make funds 

8 available for salaries and expenses. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary salaries and expenses of the Office of 

11 Inspector General in carrying out the Inspector General 

12 Act of 1978, as amended, $122,000,000: Provided, That 

13 the Inspector General shall have independent authority 

14 over all personnel issues within this office. 

15 TRANSFORMATION INITIATIVE

16 For necessary expenses for combating mortgage 

17 fraud, $20,000,000, to remain available until expended. 

18 In addition, of the amounts made available in this 

19 Act under each of the following headings under this title, 

20 the Secretary may transfer to, and merge with, this ac21 count up to 1 percent from each such account, and such 

22 transferred amounts shall be available until September 30, 

23 2014, for: (1) research, evaluation, and program metrics; 

24 (2) program demonstrations; (3) technical assistance and 

25 capacity building; and (4) information technology: ‘‘Ten-
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1 ant-Based Rental Assistance’’, ‘‘Public Housing Operating 

2 Fund’’, ‘‘Indian Housing Loan Guarantee Fund Program 

3 Account’’, ‘‘Native Hawaiian Housing Block Grants’’, 

4 ‘‘Housing Opportunities for Persons With AIDS’’, ‘‘Com5 munity Development Fund’’, ‘‘Housing Counseling Assist6 ance’’, ‘‘Payment to Manufactured Housing Fees Trust 

7 Fund’’, ‘‘Mutual Mortgage Insurance Program Account’’, 

8 ‘‘Lead Hazard Reduction’’, and ‘‘Rental Housing Assist9 ance’’: Provided, That of the amounts made available 

10 under this paragraph, not less than $130,000,000 shall 

11 be available for information technology modernization, in12 cluding development and deployment of a Next Generation 

13 of Voucher Management System and development and de14 ployment of modernized Federal Housing Administration 

15 systems: Provided further, That not more than 25 percent 

16 of the funds made available for information technology 

17 modernization may be obligated until the Secretary sub18 mits to the Committees on Appropriations a plan for ex19 penditure that: (1) identifies for each modernization 

20 project: (a) the functional and performance capabilities to 

21 be delivered and the mission benefits to be realized; (b) 

22 the estimated lifecycle cost; and (c) key milestones to be 

23 met; (2) demonstrates that each modernization project is: 

24 (a) compliant with the department’s enterprise architec25 ture; (b) being managed in accordance with applicable 
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1 lifecycle management policies and guidance; (c) subject to 

2 the department’s capital planning and investment control 

3 requirements; and (d) supported by an adequately staffed 

4 project office; and (3) has been reviewed by the Govern5 ment Accountability Office: Provided further, That of the 

6 amounts made available under this paragraph, not less 

7 than $40,000,000 shall be available for technical assist8 ance and capacity building: Provided further, That tech9 nical assistance activities shall include, technical assist10 ance for HUD programs, including HOME, Community 

11 Development Block Grant, homeless programs, HOPWA, 

12 HOPE VI, Public Housing, the Housing Choice Voucher 

13 Program, Fair Housing Initiative Program, Housing 

14 Counseling, Healthy Homes, Sustainable Communities, 

15 Energy Innovation Fund and other technical assistance as 

16 determined by the Secretary: Provided further, That of the 

17 amounts made available for research, evaluation and pro18 gram metrics and program demonstrations, the Secretary 

19 shall include an assessment of the effectiveness of HUD 

20 funded service coordinators: Provided further, That the 

21 Secretary shall submit a plan to the House and Senate 

22 Committees on Appropriations for approval detailing how 

23 the funding provided under this heading will be allocated 

24 to each of the categories identified under this heading and 

25 for what projects or activities funding will be used: Pro-
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1 vided further, That following the initial approval of this 

2 plan, the Secretary may amend the plan with the approval 

3 of the House and Senate Committees on Appropriations. 

4 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

5 URBAN DEVELOPMENT

6 SEC. 201. Fifty percent of the amounts of budget au7 thority, or in lieu thereof 50 percent of the cash amounts 

8 associated with such budget authority, that are recaptured 

9 from projects described in section 1012(a) of the Stewart 

10 B. McKinney Homeless Assistance Amendments Act of 

11 1988 (42 U.S.C. 1437 note) shall be rescinded or in the 

12 case of cash, shall be remitted to the Treasury, and such 

13 amounts of budget authority or cash recaptured and not 

14 rescinded or remitted to the Treasury shall be used by 

15 State housing finance agencies or local governments or 

16 local housing agencies with projects approved by the Sec17 retary of Housing and Urban Development for which set18 tlement occurred after January 1, 1992, in accordance 

19 with such section. Notwithstanding the previous sentence, 

20 the Secretary may award up to 15 percent of the budget 

21 authority or cash recaptured and not rescinded or remitted 

22 to the Treasury to provide project owners with incentives 

23 to refinance their project at a lower interest rate. 

24 SEC. 202. None of the amounts made available under 

25 this Act may be used during fiscal year 2011 to investigate 
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1 or prosecute under the Fair Housing Act any otherwise 

2 lawful activity engaged in by one or more persons, includ3 ing the filing or maintaining of a non-frivolous legal ac4 tion, that is engaged in solely for the purpose of achieving 

5 or preventing action by a Government official or entity, 

6 or a court of competent jurisdiction. 

7 SEC. 203. (a) Notwithstanding section 854(c)(1)(A) 

8 of the AIDS Housing Opportunity Act (42 U.S.C. 

9 12903(c)(1)(A)), from any amounts made available under 

10 this title for fiscal year 2011 that are allocated under such 

11 section, the Secretary of Housing and Urban Development 

12 shall allocate and make a grant, in the amount determined 

13 under subsection (b), for any State that— 

14 (1) received an allocation in a prior fiscal year 

15 under clause (ii) of such section; and 

16 (2) is not otherwise eligible for an allocation for 

17 fiscal year 2011 under such clause (ii) because the 

18 areas in the State outside of the metropolitan statis19 tical areas that qualify under clause (i) in fiscal year 

20 2011 do not have the number of cases of acquired 

21 immunodeficiency syndrome (AIDS) required under 

22 such clause. 

23 (b) The amount of the allocation and grant for any 

24 State described in subsection (a) shall be an amount based 

25 on the cumulative number of AIDS cases in the areas of 
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1 that State that are outside of metropolitan statistical 

2 areas that qualify under clause (i) of such section 

3 854(c)(1)(A) in fiscal year 2011, in proportion to AIDS 

4 cases among cities and States that qualify under clauses 

5 (i) and (ii) of such section and States deemed eligible 

6 under subsection (a). 

7 (c) Notwithstanding any other provision of law, the 

8 amount allocated for fiscal year 2011 under section 854(c) 

9 of the AIDS Housing Opportunity Act (42 U.S.C. 

10 12903(c)), to the City of New York, New York, on behalf 

11 of the New York-Wayne-White Plains, New York-New 

12 Jersey Metropolitan Division (hereafter ‘‘metropolitan di13 vision’’) of the New York-Newark-Edison, NY–NJ–PA 

14 Metropolitan Statistical Area, shall be adjusted by the 

15 Secretary of Housing and Urban Development by: (1) allo16 cating to the City of Jersey City, New Jersey, the propor17 tion of the metropolitan area’s or division’s amount that 

18 is based on the number of cases of AIDS reported in the 

19 portion of the metropolitan area or division that is located 

20 in Hudson County, New Jersey, and adjusting for the pro21 portion of the metropolitan division’s high incidence bonus 

22 if this area in New Jersey also has a higher than average 

23 per capita incidence of AIDS; and (2) allocating to the 

24 City of Paterson, New Jersey, the proportion of the metro25 politan area’s or division’s amount that is based on the 
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1 number of cases of AIDS reported in the portion of the 

2 metropolitan area or division that is located in Bergen 

3 County and Passaic County, New Jersey, and adjusting 

4 for the proportion of the metropolitan division’s high inci5 dence bonus if this area in New Jersey also has a higher 

6 than average per capita incidence of AIDS. The recipient 

7 cities shall use amounts allocated under this subsection 

8 to carry out eligible activities under section 855 of the 

9 AIDS Housing Opportunity Act (42 U.S.C. 12904) in 

10 their respective portions of the metropolitan division that 

11 is located in New Jersey. 

12 (d) Notwithstanding any other provision of law, the 

13 amount allocated for fiscal year 2011 under section 854(c) 

14 of the AIDS Housing Opportunity Act (42 U.S.C. 

15 12903(c)) to areas with a higher than average per capita 

16 incidence of AIDS, shall be adjusted by the Secretary on 

17 the basis of area incidence reported over a 3-year period. 

18 SEC. 204. Except as explicitly provided in law, any 

19 grant, cooperative agreement or other assistance made 

20 pursuant to title II of this Act shall be made on a competi21 tive basis and in accordance with section 102 of the De22 partment of Housing and Urban Development Reform Act 

23 of 1989 (42 U.S.C. 3545). 

24 SEC. 205. Funds of the Department of Housing and 

25 Urban Development subject to the Government Corpora-
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1 tion Control Act or section 402 of the Housing Act of 

2 1950 shall be available, without regard to the limitations 

3 on administrative expenses, for legal services on a contract 

4 or fee basis, and for utilizing and making payment for 

5 services and facilities of the Federal National Mortgage 

6 Association, Government National Mortgage Association, 

7 Federal Home Loan Mortgage Corporation, Federal Fi8 nancing Bank, Federal Reserve banks or any member 

9 thereof, Federal Home Loan banks, and any insured bank 

10 within the meaning of the Federal Deposit Insurance Cor11 poration Act, as amended (12 U.S.C. 1811–1). 

12 SEC. 206. Unless otherwise provided for in this Act 

13 or through a reprogramming of funds, no part of any ap14 propriation for the Department of Housing and Urban 

15 Development shall be available for any program, project 

16 or activity in excess of amounts set forth in the budget 

17 estimates submitted to Congress. 

18 SEC. 207. Corporations and agencies of the Depart19 ment of Housing and Urban Development which are sub20 ject to the Government Corporation Control Act, are here21 by authorized to make such expenditures, within the limits 

22 of funds and borrowing authority available to each such 

23 corporation or agency and in accordance with law, and to 

24 make such contracts and commitments without regard to 

25 fiscal year limitations as provided by section 104 of such 
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1 Act as may be necessary in carrying out the programs set 

2 forth in the budget for 2011 for such corporation or agen3 cy except as hereinafter provided: Provided, That collec4 tions of these corporations and agencies may be used for 

5 new loan or mortgage purchase commitments only to the 

6 extent expressly provided for in this Act (unless such loans 

7 are in support of other forms of assistance provided for 

8 in this or prior appropriations Acts), except that this pro9 viso shall not apply to the mortgage insurance or guaranty 

10 operations of these corporations, or where loans or mort11 gage purchases are necessary to protect the financial in12 terest of the United States Government. 

13 SEC. 208. The Secretary of Housing and Urban De14 velopment shall provide quarterly reports to the House 

15 and Senate Committees on Appropriations regarding all 

16 uncommitted, unobligated, recaptured and excess funds in 

17 each program and activity within the jurisdiction of the 

18 Department and shall submit additional, updated budget 

19 information to these Committees upon request. 

20 SEC. 209. (a) Notwithstanding any other provision 

21 of law, the amount allocated for fiscal year 2011 under 

22 section 854(c) of the AIDS Housing Opportunity Act (42 

23 U.S.C. 12903(c)), to the City of Wilmington, Delaware, 

24 on behalf of the Wilmington, Delaware-Maryland-New 

25 Jersey Metropolitan Division (hereafter ‘‘metropolitan di-
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1 vision’’), shall be adjusted by the Secretary of Housing 

2 and Urban Development by allocating to the State of New 

3 Jersey the proportion of the metropolitan division’s 

4 amount that is based on the number of cases of AIDS 

5 reported in the portion of the metropolitan division that 

6 is located in New Jersey, and adjusting for the proportion 

7 of the metropolitan division’s high incidence bonus if this 

8 area in New Jersey also has a higher than average per 

9 capita incidence of AIDS. The State of New Jersey shall 

10 use amounts allocated to the State 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 the 

13 portion of the metropolitan division that is located in New 

14 Jersey. 

15 (b) Notwithstanding any other provision of law, the 

16 Secretary of Housing and Urban Development shall allo17 cate to Wake County, North Carolina, the amounts that 

18 otherwise would be allocated for fiscal year 2011 under 

19 section 854(c) of the AIDS Housing Opportunity Act (42 

20 U.S.C. 12903(c)) to the City of Raleigh, North Carolina, 

21 on behalf of the Raleigh-Cary, North Carolina Metropoli22 tan Statistical Area. Any amounts allocated to Wake 

23 County shall be used to carry out eligible activities under 

24 section 855 of such Act (42 U.S.C. 12904) within such 

25 metropolitan statistical area. 
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1 (c) Notwithstanding section 854(c) of the AIDS 

2 Housing Opportunity Act (42 U.S.C. 12903(c)), the Sec3 retary of Housing and Urban Development may adjust the 

4 allocation of the amounts that otherwise would be allo5 cated for fiscal year 2011 under section 854(c) of such 

6 Act, upon the written request of an applicant, in conjunc7 tion with the State(s), for a formula allocation on behalf 

8 of a metropolitan statistical area, to designate the State 

9 or States in which the metropolitan statistical area is lo10 cated as the eligible grantee(s) of the allocation. In the 

11 case that a metropolitan statistical area involves more 

12 than one State, such amounts allocated to each State shall 

13 be in proportion to the number of cases of AIDS reported 

14 in the portion of the metropolitan statistical area located 

15 in that State. Any amounts allocated to a State under this 

16 section shall be used to carry out eligible activities within 

17 the portion of the metropolitan statistical area located in 

18 that State. 

19 SEC. 210. The President’s formal budget request for 

20 fiscal year 2012, as well as the Department of Housing 

21 and Urban Development’s congressional budget justifica22 tions to be submitted to the Committees on Appropriations 

23 of the House of Representatives and the Senate, shall use 

24 the identical account and sub-account structure provided 

25 under this Act. 
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1 SEC. 211. A public housing agency or such other enti2 ty that administers Federal housing assistance for the 

3 Housing Authority of the county of Los Angeles, Cali4 fornia, the States of Alaska, Iowa, and Mississippi shall 

5 not be required to include a resident of public housing or 

6 a recipient of assistance provided under section 8 of the 

7 United States Housing Act of 1937 on the board of direc8 tors or a similar governing board of such agency or entity 

9 as required under section (2)(b) of such Act. Each public 

10 housing agency or other entity that administers Federal 

11 housing assistance under section 8 for the Housing Au12 thority of the county of Los Angeles, California and the 

13 States of Alaska, Iowa and Mississippi that chooses not 

14 to include a resident of Public Housing or a recipient of 

15 section 8 assistance on the board of directors or a similar 

16 governing board shall establish an advisory board of not 

17 less than six residents of public housing or recipients of 

18 section 8 assistance to provide advice and comment to the 

19 public housing agency or other administering entity on 

20 issues related to public housing and section 8. Such advi21 sory board shall meet not less than quarterly. 

22 SEC. 212. (a) Notwithstanding any other provision 

23 of law, subject to the conditions listed in subsection (b), 

24 for fiscal years 2011 and 2012, the Secretary of Housing 

25 and Urban Development may authorize the transfer of 
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1 some or all project-based assistance, debt and statutorily 

2 required low-income and very low-income use restrictions, 

3 associated with one or more multifamily housing project 

4 to another multifamily housing project or projects. 

5 (b) The transfer authorized in subsection (a) is sub6 ject to the following conditions: 

7 (1) The number of low-income and very low-in8 come units and the net dollar amount of Federal as9 sistance provided by the transferring project shall 

10 remain the same in the receiving project or projects. 

11 (2) The transferring project shall, as deter12 mined by the Secretary, be either physically obsolete 

13 or economically non-viable. 

14 (3) The receiving project or projects shall meet 

15 or exceed applicable physical standards established 

16 by the Secretary. 

17 (4) The owner or mortgagor of the transferring 

18 project shall notify and consult with the tenants re19 siding in the transferring project and provide a cer20 tification of approval by all appropriate local govern21 mental officials. 

22 (5) The tenants of the transferring project who 

23 remain eligible for assistance to be provided by the 

24 receiving project or projects shall not be required to 

25 vacate their units in the transferring project or 
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1 projects until new units in the receiving project are 

2 available for occupancy. 

3 (6) The Secretary determines that this transfer 

4 is in the best interest of the tenants. 

5 (7) If either the transferring project or the re6 ceiving project or projects meets the condition speci7 fied in subsection (c)(2)(A), any lien on the receiving 

8 project resulting from additional financing obtained 

9 by the owner shall be subordinate to any FHA-in10 sured mortgage lien transferred to, or placed on, 

11 such project by the Secretary. 

12 (8) If the transferring project meets the re13 quirements of subsection (c)(2)(E), the owner or 

14 mortgagor of the receiving project or projects shall 

15 execute and record either a continuation of the exist16 ing use agreement or a new use agreement for the 

17 project where, in either case, any use restrictions in 

18 such agreement are of no lesser duration than the 

19 existing use restrictions. 

20 (9) Any financial risk to the FHA General and 

21 Special Risk Insurance Fund, as determined by the 

22 Secretary, would be reduced as a result of a transfer 

23 completed under this section. 
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•HR 5850 EH

1 (10) The Secretary determines that Federal li2 ability with regard to this project will not be in3 creased. 

4 (c) For purposes of this section— 

5 (1) the terms ‘‘low-income’’ and ‘‘very low-in6 come’’ shall have the meanings provided by the stat7 ute and/or regulations governing the program under 

8 which the project is insured or assisted; 

9 (2) the term ‘‘multifamily housing project’’ 

10 means housing that meets one of the following con11 ditions— 

12 (A) housing that is subject to a mortgage 

13 insured under the National Housing Act; 

14 (B) housing that has project-based assist15 ance attached to the structure including 

16 projects undergoing mark to market debt re17 structuring under the Multifamily Assisted 

18 Housing Reform and Affordability Housing Act; 

19 (C) housing that is assisted under section 

20 202 of the Housing Act of 1959 as amended by 

21 section 801 of the Cranston-Gonzales National 

22 Affordable Housing Act; 

23 (D) housing that is assisted under section 

24 202 of the Housing Act of 1959, as such sec25 tion existed before the enactment of the Cran-
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•HR 5850 EH

1 ston-Gonzales National Affordable Housing Act; 

2 or 

3 (E) housing or vacant land that is subject 

4 to a use agreement; 

5 (3) the term ‘‘project-based assistance’’ 

6 means— 

7 (A) assistance provided under section 8(b) 

8 of the United States Housing Act of 1937; 

9 (B) assistance for housing constructed or 

10 substantially rehabilitated pursuant to assist11 ance provided under section 8(b)(2) of such Act 

12 (as such section existed immediately before Oc13 tober 1, 1983); 

14 (C) rent supplement payments under sec15 tion 101 of the Housing and Urban Develop16 ment Act of 1965; 

17 (D) interest reduction payments under sec18 tion 236 and/or additional assistance payments 

19 under section 236(f)(2) of the National Hous20 ing Act; and 

21 (E) assistance payments made under sec22 tion 202(c)(2) of the Housing Act of 1959; 

23 (4) the term ‘‘receiving project or projects’’ 

24 means the multifamily housing project or projects to 

25 which some or all of the project-based assistance, 
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1 debt, and statutorily required use low-income and 

2 very low-income restrictions are to be transferred; 

3 (5) the term ‘‘transferring project’’ means the 

4 multifamily housing project which is transferring 

5 some or all of the project-based assistance, debt and 

6 the statutorily required low-income and very low-in7 come use restrictions to the receiving project or 

8 projects; and 

9 (6) the term ‘‘Secretary’’ means the Secretary 

10 of Housing and Urban Development. 

11 SEC. 213. The funds made available for Native Alas12 kans under the heading ‘‘Native American Housing Block 

13 Grants’’ in title III of this Act shall be allocated to the 

14 same Native Alaskan housing block grant recipients that 

15 received funds in fiscal year 2005. 

16 SEC. 214. No funds provided under this title may be 

17 used for an audit of the Government National Mortgage 

18 Association that makes applicable requirements under the 

19 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

20 SEC. 215. (a) No assistance shall be provided under 

21 section 8 of the United States Housing Act of 1937 (42 

22 U.S.C. 1437f) to any individual who— 

23 (1) is enrolled as a student at an institution of higher 

24 education (as defined under section 102 of the Higher 

25 Education Act of 1965 (20 U.S.C. 1002)); 
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1 (2) is under 24 years of age; 

2 (3) is not a veteran; 

3 (4) is unmarried; 

4 (5) does not have a dependent child; 

5 (6) is not a person with disabilities, as such term is 

6 defined in section 3(b)(3)(E) of the United States Hous7 ing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not 

8 receiving assistance under such section 8 as of November 

9 30, 2005; and 

10 (7) is not otherwise individually eligible, or has par11 ents who, individually or jointly, are not eligible, to receive 

12 assistance under section 8 of the United States Housing 

13 Act of 1937 (42 U.S.C. 1437f). 

14 (b) For purposes of determining the eligibility of a 

15 person to receive assistance under section 8 of the United 

16 States Housing Act of 1937 (42 U.S.C. 1437f), any finan17 cial assistance (in excess of amounts received for tuition) 

18 that an individual receives under the Higher Education 

19 Act of 1965 (20 U.S.C. 1001 et seq.), from private 

20 sources, or an institution of higher education (as defined 

21 under the Higher Education Act of 1965 (20 U.S.C. 

22 1002)), shall be considered income to that individual, ex23 cept for a person over the age of 23 with dependent chil24 dren. 
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1 SEC. 216. (a) Section 255(g) of the National Housing 

2 Act (12 U.S.C. 1715z–20) is amended by striking the first 

3 sentence. 

4 SEC. 217. Notwithstanding any other provision of 

5 law, in fiscal year 2010, in managing and disposing of any 

6 multifamily property that is owned or has a mortgage held 

7 by the Secretary of Housing and Urban Development, the 

8 Secretary shall maintain any rental assistance payments 

9 under section 8 of the United States Housing Act of 1937 

10 and other programs that are attached to any dwelling 

11 units in the property. To the extent the Secretary deter12 mines, in consultation with the tenants and the local gov13 ernment, that such a multifamily property owned or held 

14 by the Secretary is not feasible for continued rental assist15 ance payments under such section 8 or other programs, 

16 based on consideration of: (1) the costs of rehabilitating 

17 and operating the property and all available Federal, 

18 State, and local resources, including rent adjustments 

19 under section 524 of the Multifamily Assisted Housing 

20 Reform and Affordability Act of 1997 (‘‘MAHRAA’’); and 

21 (2) environmental conditions that cannot be remedied in 

22 a cost-effective fashion, the Secretary may, in consultation 

23 with the tenants of that property, contract for project24 based rental assistance payments with an owner or owners 

25 of other existing housing properties, or provide other rent-
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•HR 5850 EH

1 al assistance. The Secretary shall also take appropriate 

2 steps to ensure that project-based contracts remain in ef3 fect prior to foreclosure, subject to the exercise of contrac4 tual abatement remedies to assist relocation of tenants for 

5 imminent major threats to health and safety. After dis6 position of any multifamily property described under this 

7 section, the contract and allowable rent levels on such 

8 properties shall be subject to the requirements under sec9 tion 524 of MAHRAA. 

10 SEC. 218. During fiscal year 2011, in the provision 

11 of rental assistance under section 8(o) of the United 

12 States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con13 nection with a program to demonstrate the economy and 

14 effectiveness of providing such assistance for use in as15 sisted living facilities that is carried out in the counties 

16 of the State of Michigan notwithstanding paragraphs (3) 

17 and (18)(B)(iii) of such section 8(o), a family residing in 

18 an assisted living facility in any such county, on behalf 

19 of which a public housing agency provides assistance pur20 suant to section 8(o)(18) of such Act, may be required, 

21 at the time the family initially receives such assistance, 

22 to pay rent in an amount exceeding 40 percent of the 

23 monthly adjusted income of the family by such a percent24 age or amount as the Secretary of Housing and Urban 

25 Development determines to be appropriate. 
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•HR 5850 EH

1 SEC. 219. The Secretary of Housing and Urban De2 velopment shall report quarterly to the House of Rep3 resentatives and Senate Committees on Appropriations on 

4 HUD’s use of all sole source contracts, including terms 

5 of the contracts, cost, and a substantive rationale for 

6 using a sole source contract. 

7 SEC. 220. Notwithstanding any other provision of 

8 law, the recipient of a grant under section 202b of the 

9 Housing Act of 1959 (12 U.S.C. 1701q) after December 

10 26, 2000, in accordance with the unnumbered paragraph 

11 at the end of section 202(b) of such Act, may, at its op12 tion, establish a single-asset nonprofit entity to own the 

13 project and may lend the grant funds to such entity, which 

14 may be a private nonprofit organization described in sec15 tion 831 of the American Homeownership and Economic 

16 Opportunity Act of 2000. 

17 SEC. 221. (a) The amounts provided under the sub18 heading ‘‘Program Account’’ under the heading ‘‘Commu19 nity Development Loan Guarantees’’ may be used to guar20 antee, or make commitments to guarantee, notes, or other 

21 obligations issued by any State on behalf of non-entitle22 ment communities in the State in accordance with the re23 quirements of section 108 of the Housing and Community 

24 Development Act of 1974 in fiscal year 2011 and subse25 quent years: Provided, That, any State receiving such a 
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1 guarantee or commitment shall distribute all funds subject 

2 to such guarantee to the units of general local government 

3 in non-entitlement areas that received the commitment. 

4 (b) Not later than 60 days after the date of enact5 ment of this Act, the Secretary of Housing and Urban 

6 Development shall promulgate regulations governing the 

7 administration of the funds described under subsection 

8 (a). 

9 SEC. 222. Section 24 of the United States Housing 

10 Act of 1937 (42 U.S.C. 1437v) is amended— 

11 (1) in subsection (m)(1), by striking ‘‘fiscal 

12 year’’ and all that follows through the period at the 

13 end and inserting ‘‘fiscal year 2011.’’; and 

14 (2) in subsection (o), by striking ‘‘September’’ 

15 and all that follows through the period at the end 

16 and inserting ‘‘September 30, 2011.’’. 

17 SEC. 223. Public housing agencies that own and oper18 ate 400 or fewer public housing units may elect to be ex19 empt from any asset management requirement imposed by 

20 the Secretary of Housing and Urban Development in con21 nection with the operating fund rule: Provided, That an 

22 agency seeking a discontinuance of a reduction of subsidy 

23 under the operating fund formula shall not be exempt 

24 from asset management requirements. 
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1 SEC. 224. With respect to the use of amounts pro2 vided in this Act and in future Acts for the operation, cap3 ital improvement and management of public housing as 

4 authorized by sections 9(d) and 9(e) of the United States 

5 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

6 Secretary shall not impose any requirement or guideline 

7 relating to asset management that restricts or limits in 

8 any way the use of capital funds for central office costs 

9 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

10 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro11 vided, That a public housing agency may not use capital 

12 funds authorized under section 9(d) for activities that are 

13 eligible under section 9(e) for assistance with amounts 

14 from the operating fund in excess of the amounts per15 mitted under section 9(g)(1) or 9(g)(2). 

16 SEC. 225. No official or employee of the Department 

17 of Housing and Urban Development shall be designated 

18 as an allotment holder unless the Office of the Chief Fi19 nancial Officer has determined that such allotment holder 

20 has implemented an adequate system of funds control and 

21 has received training in funds control procedures and di22 rectives. The Chief Financial Officer shall ensure that, not 

23 later than 90 days after the date of enactment of this Act, 

24 there is a trained allotment holder shall be designated for 

25 each HUD subaccount under the headings ‘‘Executive Di-
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1 rection’’ and heading ‘‘Administration, Operations, and 

2 Management’’ as well as each account receiving appropria3 tions for ‘‘personnel compensation and benefits’’ within 

4 the Department of Housing and Urban Development. 

5 SEC. 226. Payment of attorney fees in program-re6 lated litigation must be paid from individual program of7 fice personnel benefits and compensation funding. The an8 nual budget submission for program office personnel ben9 efit and compensation funding must include program-re10 lated litigation costs for attorney fees as a separate line 

11 item request. 

12 SEC. 227. (a) APPROVAL OF PREPAYMENT OF

13 DEBT.—Upon request of the project sponsor of a project 

14 assisted with a loan under section 202 of the Housing Act 

15 of 1959 (as in effect before the enactment of the Cran16 ston-Gonzalez National Affordable Housing Act), for 

17 which the Secretary’s consent to prepayment is required, 

18 the Secretary shall approve the prepayment of any indebt19 edness to the Secretary relating to any remaining principal 

20 and interest under the loan as part of a prepayment plan 

21 under which— 

22 (1) the project sponsor agrees to operate the 

23 project until the maturity date of the original loan 

24 under terms at least as advantageous to existing and 

25 future tenants as the terms required by the original 
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1 loan agreement or any project-based rental assist2 ance payments contract under section 8 of the 

3 United States Housing Act of 1937 (or any other 

4 project-based rental housing assistance programs of 

5 the Department of Housing and Urban Develop6 ment, including the rent supplement program under 

7 section 101 of the Housing and Urban Development 

8 Act of 1965 (12 U.S.C. 1701s)) or any successor 

9 project-based rental assistance program, except as 

10 provided by subsection (a)(2)(B); and 

11 (2) the prepayment may involve refinancing of 

12 the loan if such refinancing results— 

13 (A) in a lower interest rate on the prin14 cipal of the loan for the project and in reduc15 tions in debt service related to such loan; or 

16 (B) in the case of a project that is assisted 

17 with a loan under such section 202 carrying an 

18 interest rate of 6 percent or lower, a trans19 action under which— 

20 (i) the project owner shall address the 

21 physical needs of the project; 

22 (ii) the prepayment plan for the trans23 action, including the refinancing, shall 

24 meet a cost benefit analysis, as established 

25 by the Secretary, that the benefit of the 
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1 transaction outweighs the cost of the 

2 transaction including any increases in rent 

3 charged to unassisted tenants; 

4 (iii) the overall cost for providing 

5 rental assistance under section 8 for the 

6 project (if any) is not increased, except, 

7 upon approval by the Secretary to— 

8 (I) mark-up-to-market contracts 

9 pursuant to section 524(a)(3) of the 

10 Multifamily Assisted Housing Reform 

11 and Affordability Act (42 U.S.C. 

12 1437f note), as such section is carried 

13 out by the Secretary for properties 

14 owned by nonprofit organizations; or 

15 (II) mark-up-to-budget contracts 

16 pursuant to section 524(a)(4) of the 

17 Multifamily Assisted Housing Reform 

18 and Affordability Act (42 U.S.C. 

19 1437f note), as such section is carried 

20 out by the Secretary for properties 

21 owned by eligible owners (as such 

22 term is defined in section 202(k) of 

23 the Housing Act of 1959 (12 U.S.C. 

24 1701q(k)); 
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1 (iv) the project owner may charge ten2 ants rent sufficient to meet debt service 

3 payments and operating cost requirements, 

4 as approved by the Secretary, if project5 based rental assistance is not available or 

6 is insufficient for the debt service and op7 erating cost of the project after refi8 nancing. Such approval by the Secretary— 

9 (I) shall be the basis for the 

10 owner to agree to terminate the 

11 project-based rental assistance con12 tract that is insufficient for the debt 

13 service and operating cost of the 

14 project after refinancing; and 

15 (II) shall be an eligibility event 

16 for the project for purposes of section 

17 8(t) of the United States Housing Act 

18 of 1937 (42 U.S.C. 1437f(t)); 

19 (v) units to be occupied by tenants as20 sisted under section 8(t) of the United 

21 States Housing Act of 1937 (42 U.S.C. 

22 1437f(t)) shall, upon termination of the oc23 cupancy of such tenants, become eligible 

24 for project-based assistance under section 

25 8(o)(13) of the United States Housing Act 
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1 of 1937 (42 U.S.C. 1437f(o)(13)) without 

2 regard to the percentage limitations pro3 vided in such section; and 

4 (vi) there shall be a use agreement of 

5 20 years from the date of the maturity 

6 date of the original 202 loan for all units, 

7 including units to be occupied by tenants 

8 assisted under section 8(t) of the United 

9 States Housing Act of 1937 (42 U.S.C. 

10 1437f(t)). 

11 SEC. 228. No property identified by the Secretary of 

12 Housing and Urban Development as surplus Federal prop13 erty for use to assist the homeless shall be made available 

14 to any homeless group unless the group is a member in 

15 good standing under any of HUD’s homeless assistance 

16 programs or is in good standing with any other program 

17 which receives funds from any other Federal or State 

18 agency or entity: Provided, That an exception may be 

19 made for an entity not involved with Federal homeless pro20 grams to use surplus Federal property for the homeless 

21 only after the Secretary or another responsible Federal 

22 agency has fully and comprehensively reviewed all relevant 

23 finances of the entity, the track record of the entity in 

24 assisting the homeless, the ability of the entity to manage 

25 the property, including all costs, the ability of the entity 
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1 to administer homeless programs in a manner that is ef2 fective to meet the needs of the homeless population that 

3 is expected to use the property and any other related 

4 issues that demonstrate a commitment to assist the home5 less: Provided further, That the Secretary shall not require 

6 the entity to have cash in hand in order to demonstrate 

7 financial ability but may rely on the entity’s prior dem8 onstrated fundraising ability or commitments for in-kind 

9 donations of goods and services: Provided further, That 

10 the Secretary shall make all such information and its deci11 sion regarding the award of the surplus property available 

12 to the committees of jurisdiction, including a full justifica13 tion of the appropriateness of the use of the property to 

14 assist the homeless as well as the appropriateness of the 

15 group seeking to obtain the property to use such property 

16 to assist the homeless: Provided further, That, this section 

17 shall apply to properties in fiscal years 2010 and 2011 

18 made available as surplus Federal property for use to as19 sist the homeless. 

20 SEC. 229. The Secretary of the Department of Hous21 ing and Urban Development is authorized to transfer up 

22 to 5 percent of funds appropriated for any account under 

23 this title under the heading ‘‘Personnel Compensation and 

24 Benefits’’ to any other account under this title under the 

25 heading ‘‘Personnel Compensation and Benefits’’ only 
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1 after such transfer has been submitted to, and received 

2 prior written approval by, the House and Senate Commit3 tees on Appropriations: Provided, That, no appropriation 

4 for any such account shall be increased or decreased by 

5 more than 10 percent by all such transfers. 

6 SEC. 230. Notwithstanding any other provision of 

7 law, in determining the market value of any multifamily 

8 real property or multifamily loan for any noncompetitive 

9 sale to a State or local government, the Secretary shall 

10 in fiscal year 2011 consider, but not be limited to, industry 

11 standard appraisal practices, including the cost of repairs 

12 needed to bring the property into such condition as to sat13 isfy minimum State and local code standards and the cost 

14 of maintaining the affordability restrictions imposed by 

15 the Secretary on the multifamily real property or multi16 family loan. 

17 SEC. 231. The Disaster Housing Assistance Pro18 grams, administered by the Department of Housing and 

19 Urban Development, shall be considered a ‘‘program of 

20 the Department of Housing and Urban Development’’ 

21 under section 904 of the McKinney Act for the purpose 

22 of income verifications and matching. 

23 SEC. 232. Section 203(c)(2)(B) of the National 

24 Housing Act (12 U.S.C. 1709(c)(2)(B)) is amended to 

25 read as follows: ‘‘(B) In addition to the premium under 
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1 subparagraph (A), the Secretary may establish and collect 

2 annual premium payments in an amount not exceeding 

3 1.50 percent of the remaining insured principal balance 

4 (excluding the portion of the remaining balance attrib5 utable to the premium collected under subparagraph (A) 

6 and without taking into account delinquent payments or 

7 prepayments). The Secretary, by publication of a notice 

8 in the Federal Register, may establish or change the 

9 amount of the premium under subparagraph (A) or the 

10 annual premium, and the period of the mortgage term for 

11 which an annual premium amount shall apply.’’. 

12 SEC. 233. For an additional amount for the ‘‘Admin13 istration, Operations and Management’’ account, 

14 $2,070,635, to increase the Department’s acquisition 

15 workforce capacity and capabilities: Provided, That such 

16 funds may be transferred by the Secretary to any other 

17 account in the Department to carry out the purposes pro18 vided herein: Provided further, That such transfer author19 ity is in addition to any other transfer authority provided 

20 in this Act: Provided further, That such funds shall be 

21 available only to supplement and not to supplant existing 

22 acquisition workforce activities: Provided further, That 

23 such funds shall be available for training, recruitment, re24 tention, and hiring additional members of the acquisition 

25 workforce as defined by the Office of Federal Procurement 
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1 Policy Act, as amended (41 U.S.C. 401 et seq.): Provided 

2 further, That such funds shall be available for information 

3 technology in support of acquisition workforce effective4 ness or for management solutions to improve acquisition 

5 management. 

6 SEC. 234. The paragraphs under the heading ‘‘Flexi7 ble Subsidy Fund’’ in Public Law 108–447 and in Public 

8 Law 109–115 are repealed. 

9 SEC. 235. (a) LOAN LIMIT FLOOR BASED ON 2008 

10 LEVELS.—For mortgages for which the mortgagee issues 

11 credit approval for the borrower during fiscal year 2011, 

12 if the dollar amount limitation on the principal obligation 

13 of a mortgage determined under section 203(b)(2) of the 

14 National Housing Act (12 U.S.C. 1709(b)(2)) for any size 

15 residence for any area is less than such dollar amount lim16 itation that was in effect for such size residence for such 

17 area for 2008 pursuant to section 202 of the Economic 

18 Stimulus Act of 2008 (Public Law 110–185; 122 Stat. 

19 620), notwithstanding any other provision of law or of this 

20 joint resolution, the maximum dollar amount limitation on 

21 the principal obligation of a mortgage for such size resi22 dence for such area for purposes of such section 203(b)(2) 

23 shall be considered (except for purposes of section 255(g) 

24 of such Act (12 U.S.C. 1715z–20(g))) to be such dollar 
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1 amount limitation in effect for such size residence for such 

2 area for 2008. 

3 (b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.— 

4 Notwithstanding any other provision of law or of this joint 

5 resolution, if the Secretary of Housing and Urban Devel6 opment determines, for any geographic area that is small7 er than an area for which dollar amount limitations on 

8 the principal obligation of a mortgage are determined 

9 under section 203(b)(2) of the National Housing Act, that 

10 a higher such maximum dollar amount limitation is war11 ranted for any particular size or sizes of residences in such 

12 sub-area by higher median home prices in such sub-area, 

13 the Secretary may, for mortgages for which the mortgagee 

14 issues credit approval for the borrower during calendar 

15 year 2010, increase the maximum dollar amount limita16 tion for such size or sizes of residences for such sub-area 

17 that is otherwise in effect (including pursuant to sub18 section (a) of this section), but in no case to an amount 

19 that exceeds the amount specified in section 202(a)(2) of 

20 the Economic Stimulus Act of 2008. 

21 SEC. 236. (a) LOAN LIMIT FLOOR BASED ON 2008 

22 LEVELS.—For mortgages originated during fiscal year 

23 2011, if the limitation on the maximum original principal 

24 obligation of a mortgage that may be purchased by the 

25 Federal National Mortgage Association or the Federal 
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1 Home Loan Mortgage Corporation determined under sec2 tion 302(b)(2) of the Federal National Mortgage Associa3 tion Charter Act (12 U.S.C. 1717(b)(2)) or section 

4 305(a)(2) of the Federal Home Loan Mortgage Corpora5 tion Act (12 U.S.C 1754(a)(2)) respectively, for any size 

6 residence for any area is less than such maximum original 

7 principal obligation limitation that was in effect for such 

8 size residence for such area for 2008 pursuant to section 

9 201 of the Economic Stimulus Act of 2008 (Public Law 

10 110–185; 122 Stat. 619), notwithstanding any other pro11 vision of law or of this joint resolution, the limitation on 

12 the maximum original principal obligation of a mortgage 

13 for such Association and Corporation for such size resi14 dence for such area shall be such maximum limitation in 

15 effect for such size residence for such area for 2008. 

16 (b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.— 

17 Notwithstanding any other provision of law or of this joint 

18 resolution, if the Director of the Federal Housing Finance 

19 Agency determines, for any geographic area that is smaller 

20 than an area for which limitations on the maximum origi21 nal principal obligation of a mortgage are determined for 

22 the Federal National Mortgage Association or the Federal 

23 Home Loan Mortgage Corporation, that a higher such 

24 maximum original principal obligation limitation is war25 ranted for any particular size or sizes of residences in such 
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1 sub-area by higher median home prices in such sub-area, 

2 the Director may, for mortgages originated during cal3 endar year 2010, increase the maximum original principal 

4 obligation limitation for such size or sizes of residences 

5 for such sub-area that is otherwise in effect (including 

6 pursuant to subsection (a) of this section) for such Asso7 ciation and Corporation, but in no case to an amount that 

8 exceeds the amount specified in the matter following the 

9 comma in section 201(a)(l)(B) of the Economic Stimulus 

10 Act of 2008. 

11 SEC. 237. Notwithstanding any other provision of 

12 this joint resolution, for mortgages for which the mort13 gagee issues credit approval for the borrower during fiscal 

14 year 2011, the second sentence of section 255(g) of the 

15 National Housing Act (12 U.S.C. 1715z–20(g)) shall be 

16 considered to require that in no case may the benefits of 

17 insurance under such section 255 exceed 150 percent of 

18 the maximum dollar amount in effect under the sixth sen19 tence of section 305(a)(2) of the Federal Home Loan 

20 Mortgage Corporation Act (12 U.S.C. 1454(a)(2)). 

21 SEC. 238. None of the funds in this Act shall be avail22 able for salaries and expenses of more than 75 political 

23 and Presidential appointees in the Department of Housing 

24 and Urban Development: Provided, That none of the per25 sonnel covered by this provision may be assigned on tem-
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1 porary detail outside the Department of Housing and 

2 Urban Development. 

3 This title may be cited as the ‘‘Department of Hous4 ing and Urban Development Appropriations Act, 2011’’. 

5 TITLE III—RELATED AGENCIES 

6 ACCESS BOARD

7 SALARIES AND EXPENSES

8 For expenses necessary for the Access Board, as au9 thorized by section 502 of the Rehabilitation Act of 1973, 

10 as amended, $7,300,000: Provided, That, notwithstanding 

11 any other provision of law, there may be credited to this 

12 appropriation funds received for publications and training 

13 expenses. 

14 FEDERAL MARITIME COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Federal Maritime 

17 Commission as authorized by section 201(d) of the Mer18 chant Marine Act, 1936, as amended (46 U.S.C. App. 

19 1111), including services as authorized by 5 U.S.C. 3109; 

20 hire of passenger motor vehicles as authorized by 31 

21 U.S.C. 1343(b); and uniforms or allowances therefore, as 

22 authorized by 5 U.S.C. 5901–5902, $25,300,000: Pro23 vided, That not to exceed $2,000 shall be available for offi24 cial reception and representation expenses. 
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1 NATIONAL RAILROAD PASSENGER CORPORATION

2 OFFICE OF INSPECTOR GENERAL

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of Inspector 

5 General for the National Railroad Passenger Corporation 

6 to carry out the provisions of the Inspector General Act 

7 of 1978, as amended, $22,000,000: Provided, That the In8 spector General shall have all necessary authority, in car9 rying out the duties specified in the Inspector General Act, 

10 as amended (5 U.S.C. App. 3), to investigate allegations 

11 of fraud, including false statements to the government (18 

12 U.S.C. 1001), by any person or entity that is subject to 

13 regulation by the National Railroad Passenger Corpora14 tion: Provided further, That the Inspector General may 

15 enter into contracts and other arrangements for audits, 

16 studies, analyses, and other services with public agencies 

17 and with private persons, subject to the applicable laws 

18 and regulations that govern the obtaining of such services 

19 within the National Railroad Passenger Corporation: Pro20 vided further, That the Inspector General may select, ap21 point, and employ such officers and employees as may be 

22 necessary for carrying out the functions, powers, and du23 ties of the Office of Inspector General, subject to the appli24 cable laws and regulations that govern such selections, ap25 pointments, and employment within Amtrak: Provided fur-
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1 ther, That concurrent with the President’s budget request 

2 for fiscal year 2012, the Inspector General shall submit 

3 to the House and Senate Committees on Appropriations 

4 a budget request for fiscal year 2012 in similar format 

5 and substance to those submitted by executive agencies 

6 of the Federal Government. 

7 NATIONAL TRANSPORTATION SAFETY BOARD

8 SALARIES AND EXPENSES

9 For necessary expenses of the National Transpor10 tation Safety Board, including hire of passenger motor ve11 hicles and aircraft; services as authorized by 5 U.S.C. 

12 3109, but at rates for individuals not to exceed the per 

13 diem rate equivalent to the rate for a GS–15; uniforms, 

14 or allowances therefor, as authorized by law (5 U.S.C. 

15 5901–5902) $104,232,000, of which not to exceed $2,000 

16 may be used for official reception and representation ex17 penses: Provided, That the amounts made available to the 

18 National Transportation Safety Board in this Act include 

19 amounts necessary to make lease payments on an obliga20 tion incurred in fiscal year 2001 for a capital lease. 

21 NEIGHBORHOOD REINVESTMENT CORPORATION

22 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

23 CORPORATION

24 For payment to the Neighborhood Reinvestment Cor25 poration for use in neighborhood reinvestment activities, 
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1 as authorized by the Neighborhood Reinvestment Corpora2 tion Act (42 U.S.C. 8101–8107), $137,000,000, of which 

3 $5,000,000 shall be for a multi-family rental housing pro4 gram: Provided, That in addition, $35,000,000 shall be 

5 made available until expended for capital grants to reha6 bilitate or finance the rehabilitation of affordable housing 

7 units, including necessary administrative expenses: Pro8 vided further, That in addition, $113,000,000 shall be 

9 made available until expended to the Neighborhood Rein10 vestment Corporation for mortgage foreclosure mitigation 

11 activities, under the following terms and conditions: 

12 (1) The Neighborhood Reinvestment Corpora13 tion (‘‘NRC’’), shall make grants to counseling inter14 mediaries approved by the Department of Housing 

15 and Urban Development (HUD) (with match to be 

16 determined by the NRC based on affordability and 

17 the economic conditions of an area; a match also 

18 may be waived by the NRC based on the aforemen19 tioned conditions) to provide mortgage foreclosure 

20 mitigation assistance primarily to States and areas 

21 with high rates of defaults and foreclosures to help 

22 eliminate the default and foreclosure of mortgages of 

23 owner-occupied single-family homes that are at risk 

24 of such foreclosure. Other than areas with high rates 

25 of defaults and foreclosures, grants may also be pro-
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1 vided to approved counseling intermediaries based on 

2 a geographic analysis of the Nation by the NRC 

3 which determines where there is a prevalence of 

4 mortgages that are risky and likely to fail, including 

5 any trends for mortgages that are likely to default 

6 and face foreclosure. A State Housing Finance 

7 Agency may also be eligible where the State Housing 

8 Finance Agency meets all the requirements under 

9 this paragraph. A HUD-approved counseling inter10 mediary shall meet certain mortgage foreclosure 

11 mitigation assistance counseling requirements, as de12 termined by the NRC, and shall be approved by 

13 HUD or the NRC as meeting these requirements. 

14 (2) Mortgage foreclosure mitigation assistance 

15 shall only be made available to homeowners of 

16 owner-occupied homes with mortgages in default or 

17 in danger of default. These mortgages shall likely be 

18 subject to a foreclosure action and homeowners will 

19 be provided such assistance that shall consist of ac20 tivities that are likely to prevent foreclosures and re21 sult in the long-term affordability of the mortgage 

22 retained pursuant to such activity or another posi23 tive outcome for the homeowner. No funds made 

24 available under this paragraph may be provided di25 rectly to lenders or homeowners to discharge out-
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1 standing mortgage balances or for any other direct 

2 debt reduction payments. 

3 (3) The use of Mortgage Foreclosure Mitigation 

4 Assistance by approved counseling intermediaries 

5 and State Housing Finance Agencies shall involve a 

6 reasonable analysis of the borrower’s financial situa7 tion, an evaluation of the current value of the prop8 erty that is subject to the mortgage, counseling re9 garding the assumption of the mortgage by another 

10 non-Federal party, counseling regarding the possible 

11 purchase of the mortgage by a non-Federal third 

12 party, counseling and advice of all likely restruc13 turing and refinancing strategies or the approval of 

14 a work-out strategy by all interested parties. 

15 (4) NRC may provide up to 15 percent of the 

16 total funds under this paragraph to its own charter 

17 members with expertise in foreclosure prevention 

18 counseling, subject to a certification by the NRC 

19 that the procedures for selection do not consist of 

20 any procedures or activities that could be construed 

21 as an unacceptable conflict of interest or have the 

22 appearance of impropriety. 

23 (5) HUD-approved counseling entities and 

24 State Housing Finance Agencies receiving funds 

25 under this paragraph shall have demonstrated expe-
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1 rience in successfully working with financial institu2 tions as well as borrowers facing default, delin3 quency and foreclosure as well as documented coun4 seling capacity, outreach capacity, past successful 

5 performance and positive outcomes with documented 

6 counseling plans (including post mortgage fore7 closure mitigation counseling), loan workout agree8 ments and loan modification agreements. NRC may 

9 use other criteria to demonstrate capacity in under10 served areas. 

11 (6) Of the total amount made available under 

12 this paragraph, up to $3,000,000 may be made 

13 available to build the mortgage foreclosure and de14 fault mitigation counseling capacity of counseling 

15 intermediaries through NRC training courses with 

16 HUD-approved counseling intermediaries and their 

17 partners, except that private financial institutions 

18 that participate in NRC training shall pay market 

19 rates for such training. 

20 (7) Of the total amount made available under 

21 this paragraph, up to 5 percent may be used for as22 sociated administrative expenses for the NRC to 

23 carry out activities provided under this section. 
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1 (8) Mortgage foreclosure mitigation assistance 

2 grants may include a budget for outreach and adver3 tising, and training, as determined by the NRC. 

4 (9) The NRC shall continue to report bi-annu5 ally to the House and Senate Committees on Appro6 priations as well as the Senate Banking Committee 

7 and House Financial Services Committee on its ef8 forts to mitigate mortgage default. 

9 UNITED STATES INTERAGENCY COUNCIL ON

10 HOMELESSNESS

11 OPERATING EXPENSES

12 For necessary expenses (including payment of sala13 ries, authorized travel, hire of passenger motor vehicles, 

14 the rental of conference rooms, and the employment of ex15 perts and consultants under section 3109 of title 5, United 

16 States Code) of the United States Interagency Council on 

17 Homelessness in carrying out the functions pursuant to 

18 title II of the McKinney-Vento Homeless Assistance Act, 

19 as amended, $2,680,000. 

20 Section 209 of the McKinney-Vento Homeless Assist21 ance Act (42 U.S.C. 11319) is amended by striking the 

22 date specified in such section and inserting ‘‘October 1, 

23 2012’’. 
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1 TITLE IV 

2 GENERAL PROVISIONS—THIS ACT 

3 SEC. 401. Such sums as may be necessary for fiscal 

4 year 2010 pay raises for programs funded in this Act shall 

5 be absorbed within the levels appropriated in this Act or 

6 previous appropriations Acts. 

7 SEC. 402. None of the funds in this Act shall be used 

8 for the planning or execution of any program to pay the 

9 expenses of, or otherwise compensate, non-Federal parties 

10 intervening in regulatory or adjudicatory proceedings 

11 funded in this Act. 

12 SEC. 403. None of the funds appropriated in this Act 

13 shall remain available for obligation beyond the current 

14 fiscal year, nor may any be transferred to other appropria15 tions, unless expressly so provided herein. 

16 SEC. 404. The expenditure of any appropriation 

17 under this Act for any consulting service through procure18 ment contract pursuant to section 3109 of title 5, United 

19 States Code, shall be limited to those contracts where such 

20 expenditures are a matter of public record and available 

21 for public inspection, except where otherwise provided 

22 under existing law, or under existing Executive order 

23 issued pursuant to existing law. 

24 SEC. 405. Except as otherwise provided in this Act, 

25 none of the funds provided in this Act, provided by pre-
166 

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1 vious appropriations Acts to the agencies or entities fund2 ed in this Act that remain available for obligation or ex3 penditure in fiscal year 2010, or provided from any ac4 counts in the Treasury derived by the collection of fees 

5 and available to the agencies funded by this Act, shall be 

6 available for obligation or expenditure through a re7 programming of funds that: (1) creates a new program; 

8 (2) eliminates a program, project, or activity; (3) increases 

9 funds or personnel for any program, project, or activity 

10 for which funds have been denied or restricted by the Con11 gress; (4) proposes to use funds directed for a specific ac12 tivity by either the House or Senate Committees on Ap13 propriations for a different purpose; (5) augments existing 

14 programs, projects, or activities in excess of $5,000,000 

15 or 10 percent, whichever is less; (6) reduces existing pro16 grams, projects, or activities by $5,000,000 or 10 percent, 

17 whichever is less; or (7) creates, reorganizes, or restruc18 tures a branch, division, office, bureau, board, commis19 sion, agency, administration, or department different from 

20 the budget justifications submitted to the Committees on 

21 Appropriations or the table accompanying the explanatory 

22 statement accompanying this Act, whichever is more de23 tailed, unless prior approval is received from the House 

24 and Senate Committees on Appropriations: Provided, That 

25 not later than 60 days after the date of enactment of this 
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1 Act, each agency funded by this Act shall submit a report 

2 to the Committees on Appropriations of the Senate and 

3 of the House of Representatives to establish the baseline 

4 for application of reprogramming and transfer authorities 

5 for the current fiscal year: Provided further, That the re6 port shall include: (1) a table for each appropriation with 

7 a separate column to display the President’s budget re8 quest, adjustments made by Congress, adjustments due to 

9 enacted rescissions, if appropriate, and the fiscal year en10 acted level; (2) a delineation in the table for each appro11 priation both by object class and program, project, and 

12 activity as detailed in the budget appendix for the respec13 tive appropriation; and (3) an identification of items of 

14 special congressional interest: Provided further, That the 

15 amount appropriated or limited for salaries and expenses 

16 for an agency shall be reduced by $100,000 per day for 

17 each day after the required date that the report has not 

18 been submitted to the Congress. 

19 SEC. 406. Except as otherwise specifically provided 

20 by law, not to exceed 50 percent of unobligated balances 

21 remaining available at the end of fiscal year 2011 from 

22 appropriations made available for salaries and expenses 

23 for fiscal year 2011 in this Act, shall remain available 

24 through September 30, 2012, for each such account for 

25 the purposes authorized: Provided, That a request shall 
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1 be submitted to the House and Senate Committees on Ap2 propriations for approval prior to the expenditure of such 

3 funds: Provided further, That these requests shall be made 

4 in compliance with reprogramming guidelines under sec5 tion 405 of this Act. 

6 SEC. 407. All Federal agencies and departments that 

7 are funded under this Act shall issue a report to the House 

8 and Senate Committees on Appropriations on all sole 

9 source contracts by no later than July 30, 2010. Such re10 port shall include the contractor, the amount of the con11 tract and the rationale for using a sole source contract. 

12 SEC. 408. (a) None of the funds made available in 

13 this Act may be obligated or expended for any employee 

14 training that— 

15 (1) does not meet identified needs for knowl16 edge, skills, and abilities bearing directly upon the 

17 performance of official duties; 

18 (2) contains elements likely to induce high lev19 els of emotional response or psychological stress in 

20 some participants; 

21 (3) does not require prior employee notification 

22 of the content and methods to be used in the train23 ing and written end of course evaluation; 

24 (4) contains any methods or content associated 

25 with religious or quasi-religious belief systems or 
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1 ‘‘new age’’ belief systems as defined in Equal Em2 ployment Opportunity Commission Notice N– 

3 915.022, dated September 2, 1988; or 

4 (5) is offensive to, or designed to change, par5 ticipants’ personal values or lifestyle outside the 

6 workplace. 

7 (b) Nothing in this section shall prohibit, restrict, or 

8 otherwise preclude an agency from conducting training 

9 bearing directly upon the performance of official duties. 

10 SEC. 409. No funds in this Act may be used to sup11 port any Federal, State, or local projects that seek to use 

12 the power of eminent domain, unless eminent domain is 

13 employed only for a public use: Provided, That for pur14 poses of this section, public use shall not be construed to 

15 include economic development that primarily benefits pri16 vate entities: Provided further, That any use of funds for 

17 mass transit, railroad, airport, seaport or highway projects 

18 as well as utility projects which benefit or serve the gen19 eral public (including energy-related, communication-re20 lated, water-related and wastewater-related infrastruc21 ture), other structures designated for use by the general 

22 public or which have other common-carrier or public-util23 ity functions that serve the general public and are subject 

24 to regulation and oversight by the government, and 

25 projects for the removal of an immediate threat to public 
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1 health and safety or brownfield as defined in the Small 

2 Business Liability Relief and Brownfield Revitalization 

3 Act (Public Law 107–118) shall be considered a public 

4 use for purposes of eminent domain. 

5 SEC. 410. None of the funds made available in this 

6 Act may be transferred to any department, agency, or in7 strumentality of the United States Government, except 

8 pursuant to a transfer made by, or transfer authority pro9 vided in, this Act or any other appropriations Act. 

10 SEC. 411. No part of any appropriation contained in 

11 this Act shall be available to pay the salary for any person 

12 filling a position, other than a temporary position, for13 merly held by an employee who has left to enter the Armed 

14 Forces of the United States and has satisfactorily com15 pleted his period of active military or naval service, and 

16 has within 90 days after his release from such service or 

17 from hospitalization continuing after discharge for a pe18 riod of not more than 1 year, made application for restora19 tion to his former position and has been certified by the 

20 Office of Personnel Management as still qualified to per21 form the duties of his former position and has not been 

22 restored thereto. 

23 SEC. 412. No funds appropriated pursuant to this 

24 Act may be expended in contravention of sections 2 
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1 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a– 

2 10c, popularly known as the ‘‘Buy American Act’’). 

3 SEC. 413. No funds appropriated or otherwise made 

4 available under this Act shall be made available to any 

5 person or entity that has been convicted of violating the 

6 Buy American Act (41 U.S.C. 10a–10c). 

7 SEC. 414. None of the funds made available in this 

8 Act may be used for first-class airline accommodations in 

9 contravention of sections 301–10.122 and 301–10.123 of 

10 title 41, Code of Federal Regulations. 

11 SEC. 415. None of the funds made available in this 

12 Act may be used to purchase a light bulb for an office 

13 building unless the light bulb has, to the extent prac14 ticable, an Energy Star or Federal Energy Management 

15 Program designation. 

16 SEC. 416. None of the funds made available under 

17 this Act or any prior Act may be provided to the Associa18 tion of Community Organizations for Reform Now 

19 (ACORN), or any of its affiliates, subsidiaries, or allied 

20 organizations. 

21 SEC. 417. None of the funds provided in this Act for 

22 any program, project, or activity that is considered to be 

23 a congressional earmark for purposes of clause 9 of rule 

24 XXI of the Rules of the House of Representatives of the 

25 111th Congress may be awarded to a for-profit entity. 
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1 SEC. 418. (a) None of the funds made available in 

2 this Act may be used to maintain or establish a computer 

3 network unless such network blocks the viewing, 

4 downloading, and exchanging of pornography. 

5 (b) Nothing in subsection (a) shall limit the use of 

6 funds necessary for any Federal, State, tribal, or local law 

7 enforcement agency or any other entity carrying out crimi8 nal investigations, prosecution, or adjudication activities. 

9 SEC. 419. (a) None of the funds appropriated or oth10 erwise made available by this Act may be obligated by any 

11 covered executive agency in contravention of the certifi12 cation requirement of section 6(b) of the Iran Sanctions 

13 Act of 1996, as included in the revisions to the Federal 

14 Acquisition Regulation pursuant to such section. 

15 SEC. 420. (a) LIMITATION ON USE OF FUNDS.— 

16 None of the funds provided in this Act may be used for 

17 doctoral dissertation research grants on housing and 

18 urban development issues. 

19 (b) CORRESPONDING REDUCTION IN FUNDS.—The 

20 amount otherwise provided by this Act for ‘‘Department 

21 of Housing and Urban Development—Policy Development 

22 and Research—Research and Technology’’ is hereby re23 duced by $300,000. 

24 SEC. 421. None of the funds made available in this 

25 Act under the heading ‘‘Department of Housing and 
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1 Urban Development—Management and Administration— 

2 Executive Direction’’ may be used by the Secretary of 

3 Housing and Urban Development for travel expenses. 

4 SEC. 422. None of the funds appropriated or other5 wise made available under this Act may be used to imple6 ment section 124 except as authorized by law after the 

7 date of enactment of this Act. 

8 SEC. 423. None of the funds made available in this 

9 Act may be used to establish, issue, implement, admin10 ister, or enforce any prohibition or restriction on the es11 tablishment or effectiveness of any occupancy preference 

12 for veterans in supportive housing for the elderly that: (1) 

13 is provided assistance by the Department of Housing and 

14 Urban Development; and (2)(A) is or would be located on 

15 property of the Department of Veterans Affairs, or (B) 

16 is subject to an enhanced use lease with the Department 

17 of Veterans Affairs. 

18 This Act may be cited as the ‘‘Transportation, Hous19 ing and Urban Development, and Related Agencies Appro20 priations Act, 2011’’. 

Passed the House of Representatives July 29, 2010. 

Attest: 

Clerk. 
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 Devel-