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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5850 Reported in House (RH)]

                                                 Union Calendar No. 324
111th CONGRESS
   2d Session
                                H. R. 5850

                          [Report No. 111-564]

   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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2010

Mr. Olver, from the Committee on Appropriations, reported the following 
 bill; which was committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
   Making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
           ending September 30, 2011, and for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2011, and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

    For necessary expenses of the Office of the Secretary, 
$111,615,000, of which not to exceed $2,667,000 shall be available for 
the immediate Office of the Secretary; not to exceed $1,000,000 shall 
be available for the immediate Office of the Deputy Secretary; not to 
exceed $19,711,000 shall be available for the Office of the General 
Counsel; not to exceed $12,015,000 shall be available for the Office of 
the Under Secretary of Transportation for Policy; not to exceed 
$11,899,000 shall be available for the Office of the Assistant 
Secretary for Budget and Programs; not to exceed $2,530,000 shall be 
available for the Office of the Assistant Secretary for Governmental 
Affairs; not to exceed $25,695,000 shall be available for the Office of 
the Assistant Secretary for Administration; not to exceed $2,240,000 
shall be available for the Office of Public Affairs; not to exceed 
$1,683,000 shall be available for the Office of the Executive 
Secretariat; not to exceed $1,513,000 shall be available for the Office 
of Small and Disadvantaged Business Utilization; not to exceed 
$10,999,000 for the Office of Intelligence, Security, and Emergency 
Response; and not to exceed $19,663,000 shall be available for the 
Office of the Chief Information Officer: Provided, That the Secretary 
of Transportation is authorized to transfer funds appropriated for any 
office of the Office of the Secretary to any other office of the Office 
of the Secretary: Provided further, That no appropriation for any 
office shall be increased or decreased by more than 5 percent by all 
such transfers: Provided further, That notice of any change in funding 
greater than 5 percent shall be submitted for approval to the House and 
Senate Committees on Appropriations: Provided further, That not to 
exceed $60,000 shall be for allocation within the Department for 
official reception and representation expenses as the Secretary may 
determine: Provided further, That notwithstanding any other provision 
of law, excluding fees authorized in Public Law 107-71, there may be 
credited to this appropriation up to $2,500,000 in funds received in 
user fees: Provided further, That none of the funds provided in this 
Act shall be available for the position of Assistant Secretary for 
Public Affairs.

                          livable communities

    For necessary expenses for livable communities initiatives, 
including coordinating livability and sustainability work within the 
Department of Transportation and with the Environmental Protection 
Agency and the Department of Housing and Urban Development; developing 
performance standards and metrics; building analytical capacity; and 
providing grants and direct technical assistance to State, local, and 
non-profit organizations, $20,000,000, to remain available until 
September 30, 2013; Provided, That any grants and technical assistance 
made available under this heading shall be for improved performance 
measurement capabilities, enhanced ability to perform alternatives 
analysis, and training and workshops for personnel.

                   national infrastructure investment

    For capital investments in transportation infrastructure, 
$400,000,000, to remain available through September 30, 2013: Provided, 
That the Secretary of Transportation shall distribute funds provided 
under this heading as discretionary grants to be awarded to a State, 
local government, transit agency, or a collaboration among such 
entities on a competitive basis for projects that will have a 
significant impact on the Nation, a metropolitan area, or a region: 
Provided further, That projects eligible for funding provided under 
this heading shall include, but not be limited to, highway or bridge 
projects eligible under title 23, United States Code; public 
transportation projects eligible under chapter 53 of title 49, United 
States Code; passenger and freight rail transportation projects; and 
port infrastructure investments: Provided further, That in distributing 
funds provided under this heading, the Secretary shall take such 
measures so as to ensure an equitable geographic distribution of funds, 
an appropriate balance in addressing the needs of urban and rural 
areas, and the investment in a variety of transportation modes: 
Provided further, That a grant funded under this heading shall be not 
less than $5,000,000 and not greater than $75,000,000: Provided 
further, That not more than 12.5 percent of the funds made available 
under this heading may be awarded to projects in a single State: 
Provided further, That the Federal share of the costs for which an 
expenditure is made under this heading shall be, at the option of the 
recipient, up to 80 percent: Provided further, That the Secretary shall 
give priority to projects that require a contribution of Federal funds 
in order to complete an overall financing package: Provided further, 
That not less than $100,000,000 of the funds provided under this 
heading shall be for projects located in rural areas: Provided further, 
That for projects located in rural areas, the minimum grant size shall 
be $1,000,000 and the Secretary may increase the Federal share of costs 
above 80 percent: Provided further, That of the amount made available 
under this heading, the Secretary may use an amount not to exceed 
$60,000,000 for the purpose of paying the subsidy and administrative 
costs of projects eligible for federal credit assistance under chapter 
6 of title 23, United States Code, if the Secretary finds that such use 
of the funds would advance the purposes of this paragraph: Provided 
further, That the Secretary may use up to ten percent of the funds 
provided under this heading to fund the costs of equipping aircraft 
with communications, surveillance, navigation and other avionics to 
conduct a demonstration of NextGen air traffic control capabilities 
through grants or other authorities available under section 106(l)(6) 
of title 49, United States Code: Provided further, That of the amount 
made available under this heading, the Secretary may use an amount not 
to exceed $20,000,000 for the planning, preparation or design of 
projects eligible for funding under this heading: Provided further, 
That projects conducted using funds provided under this heading must 
comply with the requirements of subchapter IV of chapter 31 of title 
40, United States Code: Provided further, That the Secretary shall 
publish criteria on which to base the competition for any grants 
awarded under this heading no sooner than 60 days after enactment of 
this Act, require applications for funding provided under this heading 
to be submitted no sooner than 120 days after the publication of such 
criteria, and announce all projects selected to be funded from funds 
provided under this heading no sooner than September 15, 2011: Provided 
further, That the Secretary may retain up to $16,000,000 of the funds 
provided under this heading, and may transfer portions of those funds 
to the Administrators of the Federal Highway Administration, the 
Federal Transit Administration, the Federal Railroad Administration, 
the Federal Aviation Administration, and the Federal Maritime 
Administration, to fund the award and oversight of grants made under 
this heading.

                      financial management capital

    For necessary expenses for upgrading and enhancing the Department 
of Transportation's financial systems and re-engineering business 
processes, $18,500,000, to remain available until expended.

                       cyber security initiatives

    For necessary one-time expenses for cyber security initiatives, 
including improvement of network perimeter controls and identity 
management, testing and assessment of information technology against 
business, security, and other requirements, implementation of federal 
cyber security initiatives and information infrastructure enhancements, 
implementation of enhanced security controls on network devices, and 
enhancement of cyber security workforce training tools, $28,188,000, to 
remain available until expended.

                         office of civil rights

    For necessary expenses of the Office of Civil Rights, $9,767,000.

           transportation planning, research, and development

    For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, to remain available until expended, $9,819,000.

                          working capital fund

    For necessary expenses for operating costs and capital outlays of 
the Working Capital Fund, not to exceed $148,096,000, shall be paid 
from appropriations made available to the Department of Transportation: 
Provided, That such services shall be provided on a competitive basis 
to entities within the Department of Transportation: Provided further, 
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act 
to an agency of the Department shall be transferred to the Working 
Capital Fund without the approval of the agency modal administrator: 
Provided further, That no assessments may be levied against any 
program, budget activity, subactivity or project funded by this Act 
unless notice of such assessments and the basis therefor are presented 
to the House and Senate Committees on Appropriations and are approved 
by such Committees.

               minority business resource center program

    For the cost of guaranteed loans, $329,000, as authorized by 49 
U.S.C. 332: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $18,367,000. In addition, for administrative expenses to 
carry out the guaranteed loan program, $584,000.

                       minority business outreach

    For necessary expenses of Minority Business Resource Center 
outreach activities, $3,395,000, to remain available until September 
30, 2012: Provided, That notwithstanding 49 U.S.C. 332, these funds may 
be used for business opportunities related to any mode of 
transportation.

                        payments to air carriers

                    (airport and airway trust fund)

                     (including transfer of funds)

    In addition to funds made available from any other source to carry 
out the essential air service program under 49 U.S.C. 41731 through 
41742, $146,000,000, to be derived from the Airport and Airway Trust 
Fund, to remain available until expended: Provided, That, in 
determining between or among carriers competing to provide service to a 
community, the Secretary may consider the relative subsidy requirements 
of the carriers: Provided further, That, if the funds under this 
heading are insufficient to meet the costs of the essential air service 
program in the current fiscal year, the Secretary shall transfer such 
sums as may be necessary to carry out the essential air service program 
from any available amounts appropriated to or directly administered by 
the Office of the Secretary for such fiscal year.

  administrative provisions--office of the secretary of transportation

    Sec. 101.  None of the funds made available in this Act to the 
Department of Transportation may be obligated for the Office of the 
Secretary of Transportation to approve assessments or reimbursable 
agreements pertaining to funds appropriated to the modal 
administrations in this Act, except for activities underway on the date 
of enactment of this Act, unless such assessments or agreements have 
completed the normal reprogramming process for Congressional 
notification.
    Sec. 102.  None of the funds made available under this Act may be 
obligated or expended to establish or implement a program under which 
essential air service communities are required to assume subsidy costs 
commonly referred to as the EAS local participation program.
    Sec. 103.  The Secretary or his designee may engage in activities 
with States and State legislators to consider proposals related to the 
reduction of motorcycle fatalities.
    Sec. 104. (a) Prior to awarding any grants under the National 
Infrastructure Investments program, the Secretary of Transportation 
shall post on the Department of Transportation website any request or 
application for funding received by the Department for projects from 
the program. Such post shall include a copy of any such request or 
application and all project data and supplemental materials provided by 
the entity seeking such grant.
    (b) No later than 5 days after the announcing of grant awards, the 
Secretary shall post on the Department of Transportation website a 
complete description and accounting of what criteria, both qualitative 
and quantitative, was used in the selection of the grants under the 
program.
    (c) The Office of Inspector General of the Department of 
Transportation shall audit and review 10 percent of grant recipients 
under the National Infrastructure Investments program to ensure that 
funds issued under such program are used appropriately and within the 
scope of the grant awarded.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

                     (including transfer of funds)

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to the 
public, lease or purchase of passenger motor vehicles for replacement 
only, in addition to amounts made available by Public Law 108-176, 
$9,793,000,000, of which $3,900,000,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $7,630,628,000 
shall be available for air traffic organization activities; not to 
exceed $1,304,486,000 shall be available for aviation safety 
activities; not to exceed $16,747,000 shall be available for commercial 
space transportation activities; not to exceed $114,784,000 shall be 
available for financial services activities; not to exceed $103,297,000 
shall be available for human resources program activities; not to 
exceed $361,354,000 shall be available for region and center operations 
and regional coordination activities; not to exceed $208,994,000 shall 
be available for staff offices; and not to exceed $53,360,000 shall be 
available for information services: Provided, That the Secretary 
utilize not less than $17,000,000 of the funds provided for aviation 
safety activities to pay for staff increases in the Office of Aviation 
Flight Standards and the Office of Aircraft Certification: Provided 
further, That none of the funds provided for increases to the staffs of 
the aviation flight standards and aircraft certification offices shall 
be used for other purposes: Provided further, That not to exceed 2 
percent of any budget activity, except for aviation safety budget 
activity, may be transferred to any budget activity under this heading: 
Provided further, That no transfer may increase or decrease any 
appropriation by more than 2 percent: Provided further, That any 
transfer in excess of 2 percent shall be treated as a reprogramming of 
funds under section 405 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section: Provided further, That not later than March 31 
of each fiscal year hereafter, the Administrator of the Federal 
Aviation Administration shall transmit to Congress an annual update to 
the report submitted to Congress in December 2004 pursuant to section 
221 of Public Law 108-176: Provided further, That the amount herein 
appropriated shall be reduced by $100,000 for each day after March 31 
that such report has not been submitted to the Congress: Provided 
further, That not later than March 31 of each fiscal year hereafter, 
the Administrator shall transmit to Congress a companion report that 
describes a comprehensive strategy for staffing, hiring, and training 
flight standards and aircraft certification staff in a format similar 
to the one utilized for the controller staffing plan, including stated 
attrition estimates and numerical hiring goals by fiscal year: Provided 
further, That the amount herein appropriated shall be reduced by 
$100,000 per day for each day after March 31 that such report has not 
been submitted to Congress: Provided further, That funds may be used to 
enter into a grant agreement with a nonprofit standard-setting 
organization to assist in the development of aviation safety standards: 
Provided further, That none of the funds in this Act shall be available 
for new applicants for the second career training program: Provided 
further, That none of the funds in this Act shall be available for the 
Federal Aviation Administration to finalize or implement any regulation 
that would promulgate new aviation user fees not specifically 
authorized by law after the date of the enactment of this Act: Provided 
further, That there may be credited to this appropriation as offsetting 
collections funds received from States, counties, municipalities, 
foreign authorities, other public authorities, and private sources, 
including funds from fees authorized under Chapter 453 of title 49, 
United States Code, other than those authorized by section 45301(a)(1) 
of that title, which shall be available for expenses incurred in the 
provision of agency services, including receipts for the maintenance 
and operation of air navigation facilities, and for issuance, renewal 
or modification of certificates, including airman, aircraft, and repair 
station certificates, or for tests related thereto, or for processing 
major repair or alteration forms: Provided further, That of the funds 
appropriated under this heading, not less than $9,500,000 shall be for 
the contract tower cost-sharing program: Provided further, That none of 
the funds in this Act for aeronautical charting and cartography are 
available for activities conducted by, or coordinated through, the 
Working Capital Fund.

                        facilities and equipment

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, improvement by 
contract or purchase, and hire of national airspace systems and 
experimental facilities and equipment, as authorized under part A of 
subtitle VII of title 49, United States Code, including initial 
acquisition of necessary sites by lease or grant; engineering and 
service testing, including construction of test facilities and 
acquisition of necessary sites by lease or grant; construction and 
furnishing of quarters and related accommodations for officers and 
employees of the Federal Aviation Administration stationed at remote 
localities where such accommodations are not available; and the 
purchase, lease, or transfer of aircraft from funds available under 
this heading, including aircraft for aviation regulation and 
certification; to be derived from the Airport and Airway Trust Fund, 
$3,000,000,000, of which $2,508,000,000 shall remain available until 
September 30, 2013, and of which $492,000,000 shall remain available 
until September 30, 2011: Provided, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
other public authorities, and private sources, for expenses incurred in 
the establishment, improvement, and modernization of National Airspace 
Systems: Provided further, That upon initial submission to the Congress 
of the fiscal year 2012 President's budget, the Secretary of 
Transportation shall transmit to the Congress a comprehensive capital 
investment plan for the Federal Aviation Administration which includes 
funding for each budget line item for fiscal years 2012 through 2016, 
with total funding for each year of the plan constrained to the funding 
targets for those years as estimated and approved by the Office of 
Management and Budget.

                 research, engineering, and development

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of subtitle 
VII of title 49, United States Code, including construction of 
experimental facilities and acquisition of necessary sites by lease or 
grant, $198,000,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until September 30, 2013: Provided, That 
there may be credited to this appropriation as offsetting collections, 
funds received from States, counties, municipalities, other public 
authorities, and private sources, which shall be available for expenses 
incurred for research, engineering, and development.

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and systems at 
airports of such title; for grants authorized under section 41743 of 
title 49, United States Code; and for inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under section 44706 of title 49, United 
States Code, $3,550,000,000, to be derived from the Airport and Airway 
Trust Fund and to remain available until expended: Provided, That none 
of the funds under this heading shall be available for the planning or 
execution of programs the obligations for which are in excess of 
$3,515,000,000 in fiscal year 2011, notwithstanding section 47117(g) of 
title 49, United States Code: Provided further, That none of the funds 
under this heading shall be available for the replacement of baggage 
conveyor systems, reconfiguration of terminal baggage areas, or other 
airport improvements that are necessary to install bulk explosive 
detection systems: Provided further, That notwithstanding any other 
provision of law, of funds limited under this heading, not more than 
$99,622,000 shall be obligated for administration, not less than 
$15,000,000 shall be available for the airport cooperative research 
program, not less than $27,217,000 shall be for Airport Technology 
Research.

       administrative provisions--federal aviation administration

    Sec. 110.  None of the funds in this Act may be used to compensate 
in excess of 600 technical staff-years under the federally funded 
research and development center contract between the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 2011.
    Sec. 111.  None of the funds in this Act shall be used to pursue or 
adopt guidelines or regulations requiring airport sponsors to provide 
to the Federal Aviation Administration without cost building 
construction, maintenance, utilities and expenses, or space in airport 
sponsor-owned buildings for services relating to air traffic control, 
air navigation, or weather reporting: Provided, That the prohibition of 
funds in this section does not apply to negotiations between the agency 
and airport sponsors to achieve agreement on ``below-market'' rates for 
these items or to grant assurances that require airport sponsors to 
provide land without cost to the FAA for air traffic control 
facilities.
    Sec. 112.  The Administrator of the Federal Aviation Administration 
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) 
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal 
year 2011, 49 U.S.C. 41742(b) shall not apply, and any amount remaining 
in such account at the close of that fiscal year may be made available 
to satisfy section 41742(a)(1) for the subsequent fiscal year.
    Sec. 113.  Amounts collected under section 40113(e) of title 49, 
United States Code, shall be credited to the appropriation current at 
the time of collection, to be merged with and available for the same 
purposes of such appropriation.
    Sec. 114.  None of the funds appropriated or limited by this Act 
may be used to change weight restrictions or prior permission rules at 
Teterboro airport in Teterboro, New Jersey.
    Sec. 115.  None of the funds limited by this Act for grants under 
the Airport Improvement Program shall be made available to the sponsor 
of a commercial service airport if such sponsor fails to agree to a 
request from the Secretary of Transportation for cost-free space in a 
non-revenue producing, public use area of the airport terminal or other 
airport facilities for the purpose of carrying out a public service air 
passenger rights and consumer outreach campaign.
    Sec. 116.  None of the funds in this Act shall be available for 
paying premium pay under subsection 5546(a) of title 5, United States 
Code, to any Federal Aviation Administration employee unless such 
employee actually performed work during the time corresponding to such 
premium pay.
    Sec. 117.  None of the funds in this Act may be obligated or 
expended for an employee of the Federal Aviation Administration to 
purchase a store gift card or gift certificate through use of a 
Government-issued credit card.

                     Federal Highway Administration

                 limitation on administrative expenses

                     (including transfer of funds)

    Not to exceed $428,843,000, together with advances and 
reimbursements received by the Federal Highway Administration, shall be 
paid in accordance with law from appropriations made available by this 
Act to the Federal Highway Administration for necessary expenses for 
administration and operation: Provided, That of the funds made 
available under this heading, not less than $8,000,000 shall be for 
renovations and upgrades to the fiscal management information system, 
except that such funds may not be obligated for such purpose until the 
Secretary of Transportation submits to the House and Senate Committees 
on Appropriations a plan that identifies the full cost of the upgrades 
needed and a timeline for completion. In addition, not to exceed 
$3,300,000 shall be paid from appropriations made available by this Act 
and transferred to the Appalachian Regional Commission in accordance 
with section 104 of title 23, United States Code.

                          federal-aid highways

                      (limitation on obligations)

                          (highway trust fund)

    None of the funds in this Act shall be available for the 
implementation or execution of programs, the obligations for which are 
in excess of $45,217,700,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 2011: Provided, That 
within the $45,217,700,000 obligation limitation on Federal-aid 
highways and highway safety construction programs, not more than 
$429,800,000 shall be available for the implementation or execution of 
programs for transportation research (chapter 5 of title 23, United 
States Code; sections 111, 5505, and 5506 of title 49, United States 
Code; and title 5 of Public Law 109-59) for fiscal year 2011: Provided 
further, That this limitation on transportation research programs shall 
not apply to any authority previously made available for obligation: 
Provided further, That the Secretary may, as authorized by section 
605(b) of title 23, United States Code, collect and spend fees to cover 
the costs of services of expert firms, including counsel, in the field 
of municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments and all or a portion of the 
costs to the Federal Government of servicing such credit instruments: 
Provided further, That such fees are available until expended to pay 
for such costs: Provided further, That such amounts are in addition to 
administrative expenses that are also available for such purpose, and 
are not subject to any obligation limitation or the limitation on 
administrative expenses under section 608 of title 23, United States 
Code.

                (liquidation of contract authorization)

                          (highway trust fund)

    For carrying out the provisions of title 23, United States Code, 
that are attributable to Federal-aid highways, not otherwise provided, 
including reimbursement for sums expended pursuant to the provisions of 
23 U.S.C. 308, $45,956,700,000 or so much thereof as may be available 
in and derived from the Highway Trust Fund (other than the Mass Transit 
Account), to remain available until expended.

       administrative provisions--federal highway administration

                        (including rescissions)

    Sec. 120. (a) For fiscal year 2011, the Secretary of Transportation 
shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid highways amounts authorized for administrative 
        expenses and programs by section 104(a) of title 23, United 
        States Code; programs funded from the administrative takedown 
        authorized by section 104(a)(1) of title 23, United States Code 
        (as in effect on the date before the date of enactment of the 
        Safe, Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users); the highway use tax evasion program; 
        and the Bureau of Transportation Statistics;
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid highways that is equal to the unobligated 
        balance of amounts made available from the Highway Trust Fund 
        (other than the Mass Transit Account) for Federal-aid highways 
        and highway safety programs for previous fiscal years the funds 
        for which are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-aid 
                highways, less the aggregate of amounts not distributed 
                under paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and highway 
                safety construction programs (other than sums 
                authorized to be appropriated for provisions of law 
                described in paragraphs (1) through (9) of subsection 
                (b) and sums authorized to be appropriated for section 
                105 of title 23, United States Code, equal to the 
                amount referred to in subsection (b)(10) for such 
                fiscal year), less the aggregate of the amounts not 
                distributed under paragraphs (1) and (2) of this 
                subsection;
            (4)(A) distribute the obligation limitation for Federal-aid 
        highways, less the aggregate amounts not distributed under 
        paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 
        the Safe, Accountable, Flexible, Efficient Transportation 
        Equity Act: A Legacy for Users; sections 117 (but individually 
        for each project numbered 1 through 3676 listed in the table 
        contained in section 1702 of the Safe, Accountable, Flexible, 
        Efficient Transportation Equity Act: A Legacy for Users) and 
        section 144(g) of title 23, United States Code; and section 
        14501 of title 40, United States Code, so that the amount of 
        obligation authority available for each of such sections is 
        equal to the amount determined by multiplying the ratio 
        determined under paragraph (3) by the sums authorized to be 
        appropriated for that section for the fiscal year; and
                    (B) distribute $2,000,000,000 for section 105 of 
                title 23, United States Code;
            (5) distribute the obligation limitation provided for 
        Federal-aid highways, less the aggregate amounts not 
        distributed under paragraphs (1) and (2) and amounts 
        distributed under paragraph (4), for each of the programs that 
        are allocated by the Secretary under the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users and title 23, United States Code (other than to programs 
        to which paragraphs (1) and (4) apply), by multiplying the 
        ratio determined under paragraph (3) by the amounts authorized 
        to be appropriated for each such program for such fiscal year; 
        and
            (6) distribute the obligation limitation provided for 
        Federal-aid highways, less the aggregate amounts not 
        distributed under paragraphs (1) and (2) and amounts 
        distributed under paragraphs (4) and (5), for Federal-aid 
        highways and highway safety construction programs (other than 
        the amounts apportioned for the equity bonus program, but only 
        to the extent that the amounts apportioned for the equity bonus 
        program for the fiscal year are greater than $2,639,000,000, 
        and the Appalachian development highway system program) that 
        are apportioned by the Secretary under the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users and title 23, United States Code, in the ratio that--
                    (A) amounts authorized to be appropriated for such 
                programs that are apportioned to each State for such 
                fiscal year, bear to
                    (B) the total of the amounts authorized to be 
                appropriated for such programs that are apportioned to 
                all States for such fiscal year.
    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to obligations: (1) 
under section 125 of title 23, United States Code; (2) under section 
147 of the Surface Transportation Assistance Act of 1978; (3) under 
section 9 of the Federal-Aid Highway Act of 1981; (4) under subsections 
(b) and (j) of section 131 of the Surface Transportation Assistance Act 
of 1982; (5) under subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation Assistance Act of 1987; 
(6) under sections 1103 through 1108 of the Intermodal Surface 
Transportation Efficiency Act of 1991; (7) under section 157 of title 
23, United States Code, as in effect on the day before the date of the 
enactment of the Transportation Equity Act for the 21st Century; (8) 
under section 105 of title 23, United States Code, as in effect for 
fiscal years 1998 through 2004, but only in an amount equal to 
$639,000,000 for each of those fiscal years; (9) for Federal-aid 
highway programs for which obligation authority was made available 
under the Transportation Equity Act for the 21st Century or subsequent 
public laws for multiple years or to remain available until used, but 
only to the extent that the obligation authority has not lapsed or been 
used; (10) under section 105 of title 23, United States Code, but only 
in an amount equal to $639,000,000 for each of fiscal years 2005 
through 2011; and (11) under section 1603 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users, to 
the extent that funds obligated in accordance with that section were 
not subject to a limitation on obligations at the time at which the 
funds were initially made available for obligation.
    (c) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (a), the Secretary shall, after August 1 of such fiscal 
year, revise a distribution of the obligation limitation made available 
under subsection (a) if the amount distributed cannot be obligated 
during that fiscal year and redistribute sufficient amounts to those 
States able to obligate amounts in addition to those previously 
distributed during that fiscal year, giving priority to those States 
having large unobligated balances of funds apportioned under sections 
104 and 144 of title 23, United States Code.
    (d) Applicability of Obligation Limitations to Transportation 
Research Programs.--The obligation limitation shall apply to 
transportation research programs carried out under chapter 5 of title 
23, United States Code, and title V (research title) of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, except that obligation authority made available for such 
programs under such limitation shall remain available for a period of 3 
fiscal years and shall be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and highway safety 
construction programs for future fiscal years.
    (e) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not later than 30 days after the date of 
        the distribution of obligation limitation under subsection (a), 
        the Secretary shall distribute to the States any funds that
                    (A) are authorized to be appropriated for such 
                fiscal year for Federal-aid highways programs; and
                    (B) the Secretary determines will not be allocated 
                to the States, and will not be available for 
                obligation, in such fiscal year due to the imposition 
                of any obligation limitation for such fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same ratio as the distribution of obligation authority 
        under subsection (a)(6).
            (3) Availability.--Funds distributed under paragraph (1) 
        shall be available for any purposes described in section 133(b) 
        of title 23, United States Code.
    (f) Special Limitation Characteristics.--Obligation limitation 
distributed for a fiscal year under subsection (a)(4) for the provision 
specified in subsection (a)(4) shall--
            (1) remain available until used for obligation of funds for 
        that provision; and
            (2) be in addition to the amount of any limitation imposed 
        on obligations for Federal-aid highway and highway safety 
        construction programs for future fiscal years.
    (g) High Priority Project Flexibility.--
            (1) In general.--Subject to paragraph (2), obligation 
        authority distributed for such fiscal year under subsection 
        (a)(4) for each project numbered 1 through 3676 listed in the 
        table contained in section 1702 of the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users may be obligated for any other project in such section in 
        the same State.
            (2) Restoration.--Obligation authority used as described in 
        paragraph (1) shall be restored to the original purpose on the 
        date on which obligation authority is distributed under this 
        section for the next fiscal year following obligation under 
        paragraph (1).
    (h) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to limit the distribution of obligation authority 
under subsection (a)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users.
    Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited 
to the Federal-aid highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall be subject to 
the obligation limitation for Federal-aid highways and highway safety 
construction.
    Sec. 122.  Not less than 15 days prior to waiving, under his 
statutory authority, any Buy America requirement for Federal-aid 
highway projects, the Secretary of Transportation shall make an 
informal public notice and comment opportunity on the intent to issue 
such waiver and the reasons therefor: Provided, That the Secretary 
shall provide an annual report to the Appropriations Committees of the 
Congress on any waivers granted under the Buy America requirements.
    Sec. 123. (a) In General.--Except as provided in subsection (b), 
none of the funds made available, limited, or otherwise affected by 
this Act shall be used to approve or otherwise authorize the imposition 
of any toll on any segment of highway located on the Federal-aid system 
in the State of Texas that--
    (1) as of the date of enactment of this Act, is not tolled;
    (2) is constructed with Federal assistance provided under title 23, 
United States Code; and
    (3) is in actual operation as of the date of enactment of this Act.
    (b) Exceptions.--
    (1) Number of Toll Lanes.--Subsection (a) shall not apply to any 
segment of highway on the Federal-aid system described in that 
subsection that, as of the date on which a toll is imposed on the 
segment, will have the same number of non-toll lanes as were in 
existence prior to that date.
    (2) High-occupancy Vehicle Lanes.--A high-occupancy vehicle lane 
that is converted to a toll lane shall not be subject to this section, 
and shall not be considered to be a non-toll lane for purposes of 
determining whether a highway will have fewer non-toll lanes than prior 
to the date of imposition of the toll, if--
            (A) high-occupancy vehicles occupied by the number of 
        passengers specified by the entity operating the toll lane may 
        use the toll lane without paying a toll, unless otherwise 
        specified by the appropriate county, town, municipal or other 
        local government entity, or public toll road or transit 
        authority; or
            (B) each high-occupancy vehicle lane that was converted to 
        a toll lane was constructed as a temporary lane to be replaced 
        by a toll lane under a plan approved by the appropriate county, 
        town, municipal or other local government entity, or public 
        toll road or transit authority.
    Sec. 124.  Notwithstanding any other provision of law, whenever an 
apportionment is made of the sums authorized to be appropriated for the 
Surface Transportation Program, the Congestion Mitigation and Air 
Quality Improvement Program, the National Highway System Program, the 
Interstate Maintenance Program, and the Highway Bridge Program, the 
Secretary of Transportation shall deduct a sum in such amount not to 
exceed a total of $200,000,000 of all sums so authorized: Provided, 
That of the amount so deducted in accordance with this section shall be 
made available for the Federal Highway Administration Livable 
Communities Program: Provided further, That the Federal share payable 
on account of any program, project, or activity carried out with funds 
made available under this section shall be determined in accordance 
with 23 U.S.C. 120: Provided further, That the Administrator of the 
Federal Highway Administration may retain up to one percent of the 
funds provided under this section for administrative expenses: Provided 
further, That the sum deducted in accordance with this section shall 
remain available until expended: Provided further, That all funds made 
available under this section shall be subject to any limitation on 
obligations for Federal-aid highways programs set forth in this Act or 
any other Act: Provided further, That the obligation limitation made 
available for the programs, projects, and activities for which funds 
are made available under this section shall remain available until used 
and shall be in addition to the amount of any limitation imposed on 
obligations for Federal-aid highway and highway safety construction 
programs for future fiscal years: Provided further, That in 
apportioning funds for fiscal year 2011 for the equity bonus program 
under Section 105 of title 23, United States Code, the Secretary shall 
make any calculations required to be made under that section as if this 
provision had not been enacted.
    Sec. 125. (a) In the explanatory statement referenced in section 
186 of title I of division A of Public Law 111-117 (123 Stat. 3070), 
the item relating to ``Chalk Bluff Road, Clay County, AR'' in the table 
of projects under the heading ``Delta Region Transportation Development 
Program'' is deemed to be amended by striking ``Chalk Bluff Road, Clay 
County, AR'' and inserting ``Cabot North Interchange, AR''.
    (b) In the explanatory statement referenced in section 186 of title 
I of division A of Public Law 111-117 (123 Stat. 3070), the item 
relating to ``I-480/Tiedeman Road Interchange Modification, OH'' in the 
table of projects under the heading ``Interstate Maintenance 
Discretionary'' is deemed to be amended by striking ``I-480/Tiedeman 
Road Interchange Modification, OH'' and inserting ``Construction and 
upgrades at four grade crossings in Olmsted Falls, OH''.
    (c) Funds made available for ``Construction of the I-278 
Environmental Shield, Queens, NY'' under the heading ``Surface 
transportation priorities'' in title I of division A of Public Law 111-
117 (123 Stat. 3044) shall be made available for ``Reconstruction and 
reconfiguration of the northbound off-ramp from Interstate 95 to 
Bartow/Baychester Avenue, Bronx, NY''.
    (d) In the explanatory statement referenced in section 186 of title 
I of division I of Public Law 111-8 (123 Stat. 947), the item relating 
to ``Newton County Rails to Trails By-Pass Tunnel, GA'' in the table of 
projects under the heading ``Transportation, Community, and System 
Preservation Program'' is deemed to be amended by striking ``Newton 
County Rails to Trails By-Pass Tunnel, GA'' and inserting ``Newton 
County Eastside High School to County Library Trail, GA''.
    Sec. 126.  The table contained in section 1702 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (119 Stat. 1256) is amended--
     (a) in item number 1366, by striking the project description and 
inserting ``Road and bridge improvements and storm water mitigation in 
the Town of Southampton''; and
    (b) in item number 2252 by striking the project description and 
inserting ``Operational safety studies, final design and/or 
construction of intersection operational and safety improvements for 
USH 53 between Rice Lake and Superior, Wisconsin''.
    Sec. 127.  The table contained in section 1602 of the 
Transportation Equity Act for the 21st Century (112 Stat. 257) is 
amended--
     (a) in item number 414 by striking the project description and 
inserting ``Engineering, design and construction of the North Street, 
Pittsfield, streetscaping project''; and
    (b) in item number 815 by striking the project description and 
inserting `` Highway 10 relocation, City of Wadena''.
    Sec. 128.  Of the unobligated balances made available under Public 
Law 101-516, Public Law 102-143, Public Law 103-331, and Public Law 
106-346, $33,905,809 are rescinded: Provided,That in administering the 
rescission required under this section, the Secretary of Transportation 
shall first consider: (1) projects where the designated purpose has 
been completed and the remaining funds are no longer needed to meet 
that purpose; and (2) projects with more than 90 percent of the 
appropriated amount remaining available for obligation.
    Sec. 129.  Of the amounts made available for ``Highway Related 
Safety Grants'' by section 402 of title 23, United States Code, and 
administered by the Federal Highway Administration, $3,651 in 
unobligated balances are rescinded.
    Sec. 130.  Of the amounts made available under section 104(a) of 
title 23, United States Code, $1,863,000 are permanently rescinded.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in the implementation, 
execution and administration of motor carrier safety operations and 
programs pursuant to section 31104(i) of title 49, United States Code, 
and sections 4127 and 4134 of Public Law 109-59, $259,878,000, to be 
derived from the Highway Trust Fund (other than the Mass Transit 
Account), together with advances and reimbursements received by the 
Federal Motor Carrier Safety Administration, the sum of which shall 
remain available until expended: Provided, That none of the funds 
derived from the Highway Trust Fund in this Act shall be available for 
the implementation, execution or administration of programs, the 
obligations for which are in excess of $259,878,000, for ``Motor 
Carrier Safety Operations and Programs'' of which $8,586,000, to remain 
available for obligation until September 30, 2013, is for the research 
and technology program and $1,000,000 shall be available for commercial 
motor vehicle operator's grants to carry out section 4134 of Public Law 
109-59: Provided further, That notwithstanding any other provision of 
law, none of the funds under this heading for outreach and education 
shall be available for transfer.

                      motor carrier safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out sections 31102, 
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States 
Code, and sections 4126 and 4128 of Public Law 109-59, $310,070,000, to 
be derived from the Highway Trust Fund (other than the Mass Transit 
Account) and to remain available until expended: Provided, That none of 
the funds in this Act shall be available for the implementation or 
execution of programs, the obligations for which are in excess of 
$310,070,000, for ``Motor Carrier Safety Grants''; of which 
$215,070,000 shall be available for the motor carrier safety assistance 
program to carry out sections 31102 and 31104(a) of title 49, United 
States Code; $30,000,000 shall be available for the commercial driver's 
license improvements program to carry out section 31313 of title 49, 
United States Code; $32,000,000 shall be available for the border 
enforcement grants program to carry out section 31107 of title 49, 
United States Code; $5,000,000 shall be available for the performance 
and registration information system management program to carry out 
sections 31106(b) and 31109 of title 49, United States Code; 
$25,000,000 shall be available for the commercial vehicle information 
systems and networks deployment program to carry out section 4126 of 
Public Law 109-59; and $3,000,000 shall be available for the safety 
data improvement program to carry out section 4128 of Public Law 109-
59: Provided further, That of the funds made available for the motor 
carrier safety assistance program, $35,000,000 shall be available for 
audits of new entrant motor carriers.

                          motor carrier safety

                          (highway trust fund)

                              (rescission)

    Of the amounts made available under this heading in prior 
appropriations Acts, $7,330,000 in unobligated balances are permanently 
rescinded.

                 national motor carrier safety program

                          (highway trust fund)

                              (rescission)

    Of the amounts made available under this heading in prior 
appropriations Acts, $15,076,000 in unobligated balances are 
permanently rescinded.

 administrative provision--federal motor carrier safety administration

    Sec. 135.  Funds appropriated or limited in this Act shall be 
subject to the terms and conditions stipulated in section 350 of Public 
Law 107-87 and section 6901 of Public Law 110-28, including that the 
Secretary submit a report to the House and Senate Appropriations 
Committees annually on the safety and security of transportation into 
the United States by Mexico-domiciled motor carriers.

             National Highway Traffic Safety Administration

                        operations and research

    For expenses necessary to discharge the functions of the Secretary, 
with respect to traffic and highway safety under subtitle C of title X 
of Public Law 109-59 and chapter 301 and part C of subtitle VI of title 
49, United States Code, $148,127,000, of which $10,000,000 shall remain 
available through September 30, 2012: Provided, That none of the funds 
appropriated by this Act may be obligated or expended to plan, 
finalize, or implement any rulemaking to add to section 575.104 of 
title 49 of the Code of Federal Regulations any requirement pertaining 
to a grading standard that is different from the three grading 
standards (treadwear, traction, and temperature resistance) already in 
effect.

                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 403, $110,073,000 to be derived from the Highway Trust 
Fund (other than the Mass Transit Account) and to remain available 
until expended: Provided, That none of the funds in this Act shall be 
available for the planning or execution of programs the total 
obligations for which, in fiscal year 2011, are in excess of 
$110,073,000 for programs authorized under 23 U.S.C. 403: Provided 
further, That within the $110,073,000 obligation limitation for 
operations and research, $10,000,000 shall remain available until 
September 30, 2012 and shall be in addition to the amount of any 
limitation imposed on obligations for future years.

                        national driver register

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out chapter 303 of 
title 49, United States Code, $4,170,000, to be derived from the 
Highway Trust Fund (other than the Mass Transit Account) and to remain 
available until expended: Provided, That none of the funds in this Act 
shall be available for the implementation or execution of programs the 
total obligations for which, in fiscal year 2011, are in excess of 
$4,170,000 for the National Driver Register authorized under such 
chapter.

                 national driver register modernization

    For an additional amount for the ``National Driver Register''as 
authorized by chapter 303 of title 49, United States Code, $2,530,000, 
to remain available through September 30, 2012: Provided, That the 
funding made available under this heading shall be used to continue the 
modernization of the National Driver Register.

                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 
2009, 2010, and 2011 of Public Law 109-59, to remain available until 
expended, $626,328,000 to be derived from the Highway Trust Fund (other 
than the Mass Transit Account): Provided, That none of the funds in 
this Act shall be available for the planning or execution of programs 
the total obligations for which, in fiscal year 2011, are in excess of 
$626,328,000 for programs authorized under 23 U.S.C. 402, 405, 406, 
408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 
Law 109-59, of which $235,000,000 shall be for ``Highway Safety 
Programs'' under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant 
Protection Incentive Grants'' under 23 U.S.C. 405; $124,500,000 shall 
be for ``Safety Belt Performance Grants'' under 23 U.S.C. 406, and such 
obligation limitation shall remain available until September 30, 2012 
in accordance with subsection (f) of such section 406 and shall be in 
addition to the amount of any limitation imposed on obligations for 
such grants for future fiscal years, of which up to $50,000,000 may be 
made available by the Secretary as grants to States that enact and 
enforce laws to prevent distracted driving; $34,500,000 shall be for 
``State Traffic Safety Information System Improvements'' under 23 
U.S.C. 408; $139,000,000 shall be for ``Alcohol-Impaired Driving 
Countermeasures Incentive Grant Program'' under 23 U.S.C. 410; 
$25,328,000 shall be for ``Administrative Expenses'' under section 
2001(a)(11) of Public Law 109-59; $29,000,000 shall be for ``High 
Visibility Enforcement Program'' under section 2009 of Public Law 109-
59; $7,000,000 shall be for ``Motorcyclist Safety'' under section 2010 
of Public Law 109-59; and $7,000,000 shall be for ``Child Safety and 
Child Booster Seat Safety Incentive Grants'' under section 2011 of 
Public Law 109-59: Provided further, That of the funds made available 
for grants to States that enact and enforce laws to prevent distracted 
driving, up to $5,000,000 may be available for the development, 
production, and use of broadcast and print media advertising for 
distracted driving prevention: Provided further, That none of these 
funds shall be used for construction, rehabilitation, or remodeling 
costs, or for office furnishings and fixtures for State, local or 
private buildings or structures: Provided further, That not to exceed 
$500,000 of the funds made available for section 410 ``Alcohol-Impaired 
Driving Countermeasures Grants'' shall be available for technical 
assistance to the States: Provided further, That not to exceed $750,000 
of the funds made available for the ``High Visibility Enforcement 
Program'' shall be available for the evaluation required under section 
2009(f) of Public Law 109-59.

      administrative provisions--national highway traffic safety 
                             administration

                         (including rescission)

    Sec. 140.  Notwithstanding any other provision of law or limitation 
on the use of funds made available under section 403 of title 23, 
United States Code, an additional $130,000 shall be made available to 
the National Highway Traffic Safety Administration, out of the amount 
limited for section 402 of title 23, United States Code, to pay for 
travel and related expenses for State management reviews and to pay for 
core competency development training and related expenses for highway 
safety staff.
    Sec. 141.  The limitations on obligations for the programs of the 
National Highway Traffic Safety Administration set in this Act shall 
not apply to obligations for which obligation authority was made 
available in previous public laws for multiple years but only to the 
extent that the obligation authority has not lapsed or been used.
    Sec. 142.  Of the amounts made available under the heading 
``Highway Traffic Safety Grants (Liquidation of Contract Authorization) 
(Limitation on Obligations) (Highway Trust Fund)'' in prior 
appropriations Acts, $7,907,000 in unobligated balances are permanently 
rescinded.

                    Federal Railroad Administration

                         safety and operations

    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $203,348,000, of which $5,492,000 shall remain 
available until expended.

                   railroad research and development

    For necessary expenses for railroad research and development, 
$40,000,000, to remain available until expended.

                   railroad safety technology program

    For necessary expenses of carrying out section 20158 of title 49, 
United States Code, $75,000,000, to remain available until expended: 
Provided, That to be eligible for assistance under this heading, an 
entity need not have developed plans required under subsection 
20156(e)(2) of title 49, United States Code, and section 20157 of such 
title.

       railroad rehabilitation and improvement financing program

    The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to 
section 512 of the Railroad Revitalization and Regulatory Reform Act of 
1976 (Public Law 94-210), as amended, in such amounts and at such times 
as may be necessary to pay any amounts required pursuant to the 
guarantee of the principal amount of obligations under sections 511 
through 513 of such Act, such authority to exist as long as any such 
guaranteed obligation is outstanding: Provided, That pursuant to 
section 502 of such Act, as amended, no new direct loans or loan 
guarantee commitments shall be made using Federal funds for the credit 
risk premium during fiscal year 2011.

    capital assistance for high speed rail corridors and intercity 
                         passenger rail service

    To enable the Secretary of Transportation to make grants for high-
speed rail projects as authorized under section 26106 of title 49, 
United States Code, capital investment grants to support intercity 
passenger rail service as authorized under section 24406 of title 49, 
United States Code, and congestion grants as authorized under section 
24105 of title 49, United States Code, and to enter into cooperative 
agreements for these purposes as authorized, $1,400,000,000, to remain 
available until expended: Provided, That up to $50,000,000 of funds 
provided under this paragraph are available to the Administrator of the 
Federal Railroad Administration to fund the award and oversight by the 
Administrator of grants and cooperative agreements for intercity and 
high-speed rail: Provided further, That up to $30,000,000 of the funds 
provided under this paragraph are available to the Administrator for 
the purposes of conducting research and demonstrating technologies 
supporting the development of high-speed rail in the United States, 
including the demonstration of next-generation rolling stock fleet 
technology and the implementation of the Rail Cooperative Research 
Program authorized by section 24910 of title 49, United States Code: 
Provided further, That up to $50,000,000 of the funds provided under 
this paragraph may be used for planning activities that lead directly 
to the development of a passenger rail corridor investment plan 
consistent with the requirements established by the Administrator or a 
state rail plan consistent with chapter 227 of title 49, United States 
Code: Provided further, That the Secretary may retain a portion of the 
funds made available for planning activities under the previous proviso 
to facilitate the preparation of a service development plan and related 
environmental impact statement for high-speed corridors located in 
multiple States: Provided further, That the Secretary shall issue 
interim guidance to applicants covering application procedures and 
administer the grants provided under this heading pursuant to that 
guidance until final regulations are issued: Provided further, That not 
less than 85 percent of the funds provided under this heading shall be 
for cooperative agreements that lead to the development of entire 
segments or phases of intercity or high-speed rail corridors: Provided 
further, That at least 30 days prior to issuing a letter of intent or 
cooperative agreement pursuant to Section 24402(f) of title 49, United 
States Code, for a major corridor development program, the Secretary 
shall provide to the House and Senate Committees on Appropriations 
written notification consisting of a business and public investment 
case for the proposed corridor program which shall include: a 
comprehensive analysis of the monetary and non-monetary costs and 
benefits of the corridor development program; an assessment of 
ridership, passenger travel time reductions, congestion relief 
benefits, environmental benefits, economic benefits, and other public 
benefits; operating financial forecasts for the program; a full capital 
cost estimation for the entire project, including the amount, source 
and security of non-Federal funds to complete the project; a summary of 
the grants management plan and an evaluation of the grantee's ability 
to sustain the project: Provided further, That the Federal share 
payable of the costs for which a grant or cooperative agreements is 
made under this heading shall not exceed 80 percent: Provided further, 
That in addition to the provisions of title 49, United States Code, 
that apply to each of the individual programs funded under this 
heading, subsections 24402(a)(2), 24402(f), 24402(i), and 24403(a) and 
(c) of title 49, United States Code, shall also apply to the provision 
of funds provided under this heading: Provided further, That a project 
need not be in a State rail plan developed under Chapter 227 of title 
49, United States Code, to be eligible for assistance under this 
heading: Provided further, That recipients of grants under this 
paragraph shall conduct all procurement transactions using such grant 
funds in a manner that provides full and open competition, as 
determined by the Secretary, in compliance with existing labor 
agreements.

    operating grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation for the operation of 
intercity passenger rail, as authorized by section 101 of the Passenger 
Rail Investment and Improvement Act of 2008 (division B of Public Law 
110-432), $563,000,000, to remain available until expended: Provided, 
That each grant request shall be accompanied by a detailed financial 
analysis, revenue projection, and capital expenditure projection 
justifying the Federal support to the Secretary's satisfaction: 
Provided further, That concurrent with the President's budget request 
for fiscal year 2012, the Corporation shall submit to the House and 
Senate Committees on Appropriations a budget request for fiscal year 
2012 in similar format and substance to those submitted by executive 
agencies of the Federal Government.

  capital and debt service grants to the national railroad passenger 
                              corporation

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation for capital investments as 
authorized by section 101(c) and 219(b) of the Passenger Rail 
Investment and Improvement Act of 2008 (division B of Public Law 110-
432), $1,203,500,000 to remain available until expended, of which not 
to exceed $305,000,000 shall be for debt service obligations as 
authorized by section 102 of such Act: Provided, That after an initial 
distribution of up to $200,000,000 which shall be used by the 
Corporation as a working capital account, all remaining funds shall be 
provided to the Corporation only on a reimbursable basis: Provided 
further, That the Secretary may retain up to one-half of 1 percent of 
the funds provided under this heading to fund the costs of project 
management oversight of capital projects funded by grants provided 
under this heading, as authorized by subsection 101(d) of division B of 
Public Law 110-432: Provided further, That the Secretary shall approve 
funding for capital expenditures, including advance purchase orders of 
materials, for the Corporation only after receiving and reviewing a 
grant request for each specific capital project justifying the Federal 
support to the Secretary's satisfaction: Provided further, That none of 
the funds under this heading may be used to subsidize operating losses 
of the Corporation: Provided further, That none of the funds under this 
heading may be used for capital projects not approved by the Secretary 
of Transportation or on the Corporation's fiscal year 2010 business 
plan: Provided further, That in addition to the project management 
oversight funds authorized under section 101(d) of division B of Public 
Law 110-432, the Secretary may retain up to an additional one-half of 
one percent of the funds provided under this heading to fund expenses 
associated with implementing section 212 of division B of Public Law 
110-432, including the amendments made by section 212 to section 24905 
of title 49, United States Code, and other mandates of Division B of 
Public Law 110-432.

       administrative provisions--federal railroad administration

    Sec. 150.  Hereafter, notwithstanding any other provision of law, 
funds provided in this Act for the National Railroad Passenger 
Corporation shall immediately cease to be available to said Corporation 
in the event that the Corporation contracts to have services provided 
at or from any location outside the United States. For purposes of this 
section, the word ``services'' shall mean any service that was, as of 
July 1, 2006, performed by a full-time or part-time Amtrak employee 
whose base of employment is located within the United States.
    Sec. 151.  The Secretary of Transportation may receive and expend 
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United 
States Government owned automated track inspection cars and equipment 
as a result of third party liability for such damages, and any amounts 
collected under this section shall be credited directly to the Safety 
and Operations account of the Federal Railroad Administration, and 
shall remain available until expended for the repair, operation and 
maintenance of automated track inspection cars and equipment in 
connection with the automated track inspection program.

                     Federal Transit Administration

                        administrative expenses

    For necessary administrative expenses of the Federal Transit 
Administration's programs authorized by chapter 53 of title 49, United 
States Code, $106,559,000: Provided,That for an additional amount to 
carry out public transportation fixed guideway safety oversight 
activities, $24,139,000, if legislation authorizing such activities is 
enacted into law prior to September 30, 2011: Provided further, That of 
the funds available under this heading, not to exceed $2,200,000 shall 
be available for travel: Provided further, That none of the funds 
provided or limited in this Act may be used to create a permanent 
office of transit security under this heading: Provided further, That 
upon submission to the Congress of the fiscal year 2012 President's 
budget, the Secretary of Transportation shall transmit to Congress the 
annual report on new starts, including proposed allocations of funds 
for fiscal year 2012.

                         formula and bus grants

                  (liquidation of contract authority)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 
5335, 5339, and 5340 and section 3038 of Public Law 105-178, as 
amended, $9,200,000,000 to be derived from the Mass Transit Account of 
the Highway Trust Fund and to remain available until expended: 
Provided, That funds available for the implementation or execution of 
programs authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 
105-178, as amended, shall not exceed total obligations of 
$8,961,348,000 in fiscal year 2011: Provided further, That of the 
amounts made available under this heading, $250,000,000 shall be 
available for the Secretary of Transportation to make grants for the 
operating costs of equipment and facilities for use in public 
transportation, if legislation authorizing such activities is enacted 
into law prior to September 30, 2011: Provided further, That eligible 
recipients under the previous proviso shall include States and 
designated recipients that receive funding under sections 5307 and 5311 
of title 49, United States Code.

                research and university research centers

    For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 
5322, and 5506, $65,376,000, to remain available until expended: 
Provided, That $10,000,000 is available to carry out the transit 
cooperative research program under section 5313 of title 49, United 
States Code, $4,300,000 is available for the National Transit Institute 
under section 5315 of title 49, United States Code, and $7,000,000 is 
available for university transportation centers program under section 
5506 of title 49, United States Code: Provided further, That 
$44,076,000 is available to carry out national research programs under 
sections 5312, 5313, 5314, and 5322 of title 49, United States Code.

                       capital investment grants

    For necessary expenses to carry out section 5309 of title 49, 
United States Code, $2,000,000,000, to remain available until expended.

             washington metropolitan area transit authority

    For grants to the Washington Metropolitan Area Transit Authority as 
authorized under section 601 of division B of Public Law 110-432, 
$150,000,000, to remain available until expended: Provided, That the 
Secretary shall approve grants for capital and preventive maintenance 
expenditures for the Washington Metropolitan Area Transit Authority 
only after receiving and reviewing a request for each specific project: 
Provided further, That prior to approving such grants, the Secretary 
shall determine that the Washington Metropolitan Area Transit Authority 
has placed the highest priority on those investments that will improve 
the safety of the system.

       administrative provisions--federal transit administration

    Sec. 160.  The limitations on obligations for the programs of the 
Federal Transit Administration shall not apply to any authority under 
49 U.S.C. 5338, previously made available for obligation, or to any 
other authority previously made available for obligation.
    Sec. 161.  Notwithstanding any other provision of law, funds 
appropriated or limited by this Act under ``Federal Transit 
Administration, Capital Investment Grants'' and for bus and bus 
facilities under ``Federal Transit Administration, Formula and Bus 
Grants'' for projects specified in this Act or identified in reports 
accompanying this Act not obligated by September 30, 2013, and other 
recoveries, shall be directed to projects eligible to use the funds for 
the purposes for which they were originally provided.
    Sec. 162.  Notwithstanding any other provision of law, any funds 
appropriated before October 1, 2010, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure, 
may be transferred to and administered under the most recent 
appropriation heading for any such section.
    Sec. 163.  Notwithstanding any other provision of law, unobligated 
funds made available for new fixed guideway system projects under the 
heading ``Federal Transit Administration, Capital investment grants'' 
in any appropriations Act prior to this Act may be used during this 
fiscal year to satisfy expenses incurred for such projects.
    Sec. 164.  Notwithstanding any other provision of law, unobligated 
funds or recoveries under section 5309 of title 49, United States Code, 
that are available to the Secretary of Transportation for reallocation 
shall be directed to projects eligible to use the funds for the 
purposes for which they were originally provided.

             Saint Lawrence Seaway Development Corporation

    The Saint Lawrence Seaway Development Corporation is hereby 
authorized to make such expenditures, within the limits of funds and 
borrowing authority available to the Corporation, and in accord with 
law, and to make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of the Government 
Corporation Control Act, as amended, as may be necessary in carrying 
out the programs set forth in the Corporation's budget for the current 
fiscal year.

                       operations and maintenance

                    (harbor maintenance trust fund)

    For necessary expenses for operations, maintenance, and capital 
asset renewal of those portions of the Saint Lawrence Seaway owned, 
operated, and maintained by the Saint Lawrence Seaway Development 
Corporation, $33,868,000, to be derived from the Harbor Maintenance 
Trust Fund, pursuant to Public Law 99-662.

                        Maritime Administration

                       maritime security program

    For necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the United 
States, $174,000,000, to remain available until expended.

                        operations and training

    For necessary expenses of operations and training activities 
authorized by law, $169,353,000, of which $11,240,000 shall remain 
available until expended for maintenance and repair of training ships 
at State Maritime Academies, and of which $30,900,000 shall remain 
available until expended for capital improvements at the United States 
Merchant Marine Academy, and of which $63,120,000 shall be available 
for operations at the United States Merchant Marine Academy, and of 
which $6,000,000 shall be available until expended for the Secretary's 
reimbursement of overcharged midshipmen fees: Provided, That the 
Secretary, through such structure and administration as the Secretary 
establishes, shall reimburse current and former midshipmen of United 
States Merchant Marine Academy in such amounts as the Secretary 
determines, in his sole discretion, to be appropriate to address claims 
regarding the overcharging of midshipman fees, pertaining first to 
academic years 2003/2004 through 2008/2009, and then pertaining to 
earlier academic years to the extent that the Secretary determines to 
be appropriate and subject to the amounts specifically appropriated 
herein for such reimbursements: Provided further, That amounts 
apportioned for the United States Merchant Marine Academy shall be 
available only upon allotments made personally by the Secretary of 
Transportation or the Assistant Secretary for Budget and Programs: 
Provided further, That the Superintendent, Deputy Superintendent and 
the Director of the Office of Resource Management of the United States 
Merchant Marine Academy may not be allotment holders for the United 
States Merchant Marine Academy, and the Administrator of Maritime 
Administration shall hold all allotments made by the Secretary of 
Transportation or the Assistant Secretary for Budget and Programs under 
the previous proviso: Provided further, That 50 percent of the funding 
made available for the United States Merchant Marine Academy under this 
heading shall be available only after the Secretary, in consultation 
with the Superintendent and the Maritime Administration, completes a 
plan detailing by program or activity and by object class how such 
funding will be expended at the Academy, and this plan is submitted to 
the House and Senate Committees on Appropriations.

                             ship disposal

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$10,000,000, to remain available until expended.

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

     For necessary administrative expenses of the maritime guaranteed 
loan program, $3,688,000 shall be paid to the appropriation for 
``Operations and Training'', Maritime Administration.

           administrative provisions--maritime administration

    Sec. 170.  Notwithstanding any other provision of this Act, the 
Maritime Administration is authorized to furnish utilities and services 
and make necessary repairs in connection with any lease, contract, or 
occupancy involving Government property under control of the Maritime 
Administration, and payments received therefor shall be credited to the 
appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.

         Pipeline and Hazardous Materials Safety Administration

                          operational expenses

                         (pipeline safety fund)

                     (including transfer of funds)

    For necessary operational expenses of the Pipeline and Hazardous 
Materials Safety Administration, $22,383,000, of which $639,000 shall 
be derived from the Pipeline Safety Fund: Provided, That $1,000,000 
shall be transferred to ``Pipeline Safety'' in order to fund ``Pipeline 
Safety Information Grants to Communities'' as authorized under section 
60130 of title 49, United States Code.

                       hazardous materials safety

    For expenses necessary to discharge the hazardous materials safety 
functions of the Pipeline and Hazardous Materials Safety 
Administration, $40,434,000, of which $1,707,000 shall remain available 
until September 30, 2013: Provided, That up to $800,000 in fees 
collected under 49 U.S.C. 5108(g) shall be deposited in the general 
fund of the Treasury as offsetting receipts: Provided further, That 
there may be credited to this appropriation, to be available until 
expended, funds received from States, counties, municipalities, other 
public authorities, and private sources for expenses incurred for 
training, for reports publication and dissemination, and for travel 
expenses incurred in performance of hazardous materials exemptions and 
approvals functions.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

    For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the 
pipeline program responsibilities of the Oil Pollution Act of 1990, 
$111,111,000, of which $18,905,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2013; and of which $92,206,000 shall be derived from the Pipeline 
Safety Fund, of which $51,206,000 shall remain available until 
September 30, 2013: Provided, That not less than $1,053,000 of the 
funds provided under this heading shall be for the one-call State grant 
program.

                     emergency preparedness grants

                     (emergency preparedness fund)

    For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to 
be derived from the Emergency Preparedness Fund, to remain available 
until September 30, 2012: Provided, That not more than $28,318,000 
shall be made available for obligation in fiscal year 2011 from amounts 
made available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, 
That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or 
5128(c) shall be made available for obligation by individuals other 
than the Secretary of Transportation, or his designee.

           Research and Innovative Technology Administration

                        research and development

    For necessary expenses of the Research and Innovative Technology 
Administration, $18,900,000, of which $11,765,000 shall remain 
available until September 30, 2013: Provided, That there may be 
credited to this appropriation, to be available until expended, funds 
received from States, counties, municipalities, other public 
authorities, and private sources for expenses incurred for training.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$86,406,000, of which $285,000 shall be derived from the Highway Trust 
Fund (other than the Mass Transit Account) for costs associated with 
the annual audits of the Highway Trust Fund financial statements in 
accordance with section 104(i) of title 23, United States Code, and 
section 3521 of title 31, United States Code: Provided, That the 
Inspector General shall have all necessary authority, in carrying out 
the duties specified in the Inspector General Act, as amended (5 U.S.C. 
App. 3), to investigate allegations of fraud, including false 
statements to the government (18 U.S.C. 1001), by any person or entity 
that is subject to regulation by the Department: Provided further, That 
the funds made available under this heading may be used to investigate, 
pursuant to section 41712 of title 49, United States Code: (1) unfair 
or deceptive practices and unfair methods of competition by domestic 
and foreign air carriers and ticket agents; and (2) the compliance of 
domestic and foreign air carriers with respect to item (1) of this 
proviso.

                      Surface Transportation Board

                         salaries and expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $31,249,000: Provided, 
That notwithstanding any other provision of law, not to exceed 
$1,250,000 from fees established by the Chairman of the Surface 
Transportation Board shall be credited to this appropriation as 
offsetting collections and used for necessary and authorized expenses 
under this heading: Provided further, That the sum herein appropriated 
from the general fund shall be reduced on a dollar-for-dollar basis as 
such offsetting collections are received during fiscal year 2011, to 
result in a final appropriation from the general fund estimated at no 
more than $29,999,000.

            General Provisions--department of Transportation

    Sec. 180.  During the current fiscal year applicable appropriations 
to the Department of Transportation shall be available for maintenance 
and operation of aircraft; hire of passenger motor vehicles and 
aircraft; purchase of liability insurance for motor vehicles operating 
in foreign countries on official department business; and uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
    Sec. 181.  Appropriations contained in this Act for the Department 
of Transportation shall be available for services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the rate for an Executive Level IV.
    Sec. 182.  None of the funds in this Act shall be available for 
salaries and expenses of more than 110 political and Presidential 
appointees in the Department of Transportation: Provided, That none of 
the personnel covered by this provision may be assigned on temporary 
detail outside the Department of Transportation.
    Sec. 183.  None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code.
    Sec. 184. (a) No recipient of funds made available in this Act 
shall disseminate personal information (as defined in 18 U.S.C. 
2725(3)) obtained by a State department of motor vehicles in connection 
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as 
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not 
withhold funds provided in this Act for any grantee if a State is in 
noncompliance with this provision.
    Sec. 185.  Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration 
from States, counties, municipalities, other public authorities, and 
private sources for expenses incurred for training may be credited 
respectively to the Federal Highway Administration's ``Federal-Aid 
Highways'' account, the Federal Transit Administration's ``Research and 
University Research Centers'' account, and to the Federal Railroad 
Administration's ``Safety and Operations'' account, except for State 
rail safety inspectors participating in training pursuant to 49 U.S.C. 
20105.
    Sec. 186.  Funds provided or limited in this Act under the 
appropriate accounts within the Federal Highway Administration, the 
Federal Railroad Administration and the Federal Transit Administration 
shall be for the eligible programs, projects and activities in the 
corresponding amounts identified in the committee report accompanying 
this Act for ``Ferry Boats and Ferry Terminal Facilities'', ``Federal 
Lands'', ``Interstate Maintenance Discretionary'', ``Transportation, 
Community and System Preservation Program'', ``Delta Region 
Transportation Development Program'', ``Rail Line Relocation and 
Improvement Program'', ``Rail-highway crossing hazard eliminations'', 
``Capital Investment Grants'', ``Alternatives analysis'''', and ``Bus 
and bus facilities''.
    Sec. 187.  Notwithstanding any other provisions of law, rule or 
regulation, the Secretary of Transportation is authorized to allow the 
issuer of any preferred stock heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of 
an amount determined by the Secretary.
    Sec. 188.  None of the funds in this Act to the Department of 
Transportation may be used to make a grant unless the Secretary of 
Transportation notifies the House and Senate Committees on 
Appropriations not less than 3 full business days before any 
discretionary grant award, letter of intent, or full funding grant 
agreement totaling $1,000,000 or more is announced by the department or 
its modal administrations from: (1) any discretionary grant program of 
the Federal Highway Administration including the emergency relief 
program; (2) the airport improvement program of the Federal Aviation 
Administration; (3) any grant from the Federal Railroad Administration; 
or (4) any program of the Federal Transit Administration other than the 
formula grants and fixed guideway modernization programs: Provided, 
That the Secretary gives concurrent notification to the House and 
Senate Committees on Appropriations for any ``quick release'' of funds 
from the emergency relief program: Provided further, That no 
notification shall involve funds that are not available for obligation.
    Sec. 189.  Rebates, refunds, incentive payments, minor fees and 
other funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations 
of the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
    Sec. 190.  Amounts made available in this or any other Act that the 
Secretary determines represent improper payments by the Department of 
Transportation to a third-party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by the 
        Department of Transportation in recovering improper payments; 
        and
            (2) to pay contractors for services provided in recovering 
        improper payments or contractor support in the implementation 
        of the Improper Payments Information Act of 2002: Provided, 
        That amounts in excess of that required for paragraphs (1) and 
        (2)--
                    (A) shall be credited to and merged with the 
                appropriation from which the improper payments were 
                made, and shall be available for the purposes and 
                period for which such appropriations are available; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts: Provided further, That prior to the transfer 
                of any such recovery to an appropriations account, the 
                Secretary shall notify to the House and Senate 
                Committees on Appropriations of the amount and reasons 
                for such transfer: Provided further, That for purposes 
                of this section, the term ``improper payments'', has 
                the same meaning as that provided in section 2(d)(2) of 
                Public Law 107-300.
    Sec. 191.  Notwithstanding any other provision of law, if any funds 
provided in or limited by this Act are subject to a reprogramming 
action that requires notice to be provided to the House and Senate 
Committees on Appropriations, said reprogramming action shall be 
approved or denied solely by the Committees on Appropriations: 
Provided, That the Secretary may provide notice to other congressional 
committees of the action of the Committees on Appropriations on such 
reprogramming but not sooner than 30 days following the date on which 
the reprogramming action has been approved or denied by the House and 
Senate Committees on Appropriations.
    Sec. 192.  None of the funds appropriated or otherwise made 
available under this Act may be used by the Surface Transportation 
Board of the Department of Transportation to charge or collect any 
filing fee for rate complaints filed with the Board in an amount in 
excess of the amount authorized for district court civil suit filing 
fees under section 1914 of title 28, United States Code.
    Sec. 193.  Notwithstanding section 3324 of Title 31, United States 
Code, in addition to authority provided by section 327 of title 49, 
United States Code, the Department's Working Capital Fund is hereby 
authorized to provide payments in advance to vendors that are necessary 
to carry out the Federal transit pass transportation fringe benefit 
program under Executive Order 13150 and section 3049 of Public Law 109-
59: Provided, that the Department shall include adequate safeguards in 
the contract with the vendors to ensure timely and high quality 
performance under the contract.
    Sec. 194.  For an additional amount for the ``Salaries and 
Expenses''account, $7,622,655, to increase the Department's acquisition 
workforce capacity and capabilities: Provided, That such funds may be 
transferred by the Secretary to any other account in the Department to 
carry out the purposes provided herein: Provided further, That such 
transfer authority is in addition to any other transfer authority 
provided in this Act: Provided further, That such funds shall be 
available only to supplement and not to supplant existing acquisition 
workforce activities: Provided further, That such funds shall be 
available for training, recruitment, retention, and hiring additional 
members of the acquisition workforce as defined by the Office of 
Federal Procurement Policy Act, as amended (41 U.S.C. 401 et seq.): 
Provided further, That such funds shall be available for information 
technology in support of acquisition workforce effectiveness or for 
management solutions to improve acquisition management.
    This title may be cited as the ``Department of Transportation 
Appropriations Act, 2011''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

                          Executive Direction

    For necessary salaries and expenses for Executive Direction, 
$30,265,000, of which not to exceed $7,674,000 shall be available for 
the immediate Office of the Secretary and Deputy Secretary; not to 
exceed $1,706,000 shall be available for the Office of Hearings and 
Appeals; not to exceed $719,000 shall be available for the Office of 
Small and Disadvantaged Business Utilization; not to exceed $999,000 
shall be available for the immediate Office of the Chief Financial 
Officer; not to exceed $1,503,000 shall be available for the immediate 
Office of the General Counsel; not to exceed $2,709,000 shall be 
available to the Office of the Assistant Secretary for Congressional 
and Intergovernmental Relations; not to exceed $4,861,000 shall be 
available for the Office of the Assistant Secretary for Public Affairs; 
not to exceed $2,163,000 shall be available to the Office of the 
Assistant Secretary for Public and Indian Housing; not to exceed 
$1,755,000 shall be available to the Office of the Assistant Secretary 
for Community Planning and Development; not to exceed $3,565,000 shall 
be available to the Office of the Assistant Secretary for Housing, 
Federal Housing Commissioner; not to exceed $1,117,000 shall be 
available to the Office of the Assistant Secretary for Policy 
Development and Research; not to exceed $945,000 shall be available to 
the Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity; and not to exceed $549,000 shall be available to the 
Office of the Chief Operating Officer: Provided, That the Secretary of 
the Department of Housing and Urban Development is authorized to 
transfer funds appropriated for any office funded under this heading to 
any other office funded under this heading following the written 
notification to the House and Senate Committees on Appropriations: 
Provided further, That no appropriation for any office shall be 
increased or decreased by more than 5 percent by all such transfers: 
Provided further, That notice of any change in funding greater than 5 
percent shall be submitted for prior approval to the House and Senate 
Committees on Appropriations: Provided further, That the Secretary 
shall provide the Committees on Appropriations quarterly written 
notification regarding the status of pending congressional reports: 
Provided further, That the Secretary shall provide all signed reports 
required by Congress electronically: Provided further, That not to 
exceed $25,000 of the amount made available under this paragraph for 
the immediate Office of the Secretary shall be available for official 
reception and representation expenses as the Secretary may determine: 
Provided Further, That the Secretary shall notify the Committees on 
Appropriations one month before any of the funds made available under 
this heading may be used for international travel.

               administration, operations and management

    For necessary salaries and expenses for administration, operations 
and management for the Department of Housing and Urban Development, 
$538,552,000, of which not to exceed $65,049,000 shall be available for 
the personnel compensation and benefits of the Office of the Chief 
Human Capital Officer; not to exceed $9,122,000 shall be available for 
the personnel compensation and benefits of the Office of Departmental 
Operations and Coordination; not to exceed $49,090,000 shall be 
available for the personnel compensation and benefits of the Office of 
Field Policy and Management; not to exceed $13,861,000 shall be 
available for the personnel compensation and benefits of the Office of 
the Chief Procurement Officer; not to exceed $33,831,000 shall be 
available for the personnel compensation and benefits of the remaining 
staff in the Office of the Chief Financial Officer; not to exceed 
$86,482,000 shall be available for the personnel compensation and 
benefits of the remaining staff in the Office of the General Counsel; 
not to exceed $3,115,000 shall be available for the personnel 
compensation and benefits of the Office of Departmental Equal 
Employment Opportunity; not to exceed $1,316,000 shall be available for 
the personnel compensation and benefits for the Center for Faith-Based 
and Community Initiatives; not to exceed $2,887,000 shall be available 
for the personnel compensation and benefits for the Office of 
Sustainability; not to exceed $4,445,000 shall be available for the 
personnel compensation and benefits for the Office of Strategic 
Planning and Management; not to exceed $4,875,000 shall be available 
for the personnel compensation and benefits for the Office of the Chief 
Disaster and Emergency Management Officer; and not to exceed 
$264,479,000 shall be available for non-personnel expenses of the 
Department of Housing and Urban Development: Provided, That, funds 
provided under this heading may be used for necessary administrative 
and non-administrative expenses of the Department of Housing and Urban 
Development, not otherwise provided for, including purchase of 
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
hire of passenger motor vehicles; services as authorized by 5 U.S.C. 
3109: Provided further, That notwithstanding any other provision of 
law, funds appropriated under this heading may be used for advertising 
and promotional activities that support the housing mission area: 
Provided further, That the Secretary of Housing and Urban Development 
is authorized to transfer funds appropriated for any office included in 
Administration, Operations and Management to any other office included 
in Administration, Operations and Management only after such transfer 
has been submitted to, and received prior written approval by, the 
House and Senate Committees on Appropriations: Provided further, That 
no appropriation for any office shall be increased or decreased by more 
than 10 percent by all such transfers. Provided Further,That the 
Secretary shall notify the Committees on Appropriations one month 
before any of the funds made available under this heading may be used 
for international travel.

                  Personnel Compensation and Benefits

                       public and indian housing

    For necessary personnel compensation and benefits expenses of the 
Office of Public and Indian Housing, $197,282,000.

                   community planning and development

    For necessary personnel compensation and benefits expenses of the 
Office of Community Planning and Development mission area, 
$105,768,000.

                                housing

    For necessary personnel compensation and benefits expenses of the 
Office of Housing, $395,917,000.

         office of the government national mortgage association

    For necessary personnel compensation and benefits expenses of the 
Office of the Government National Mortgage Association, $10,902,000, to 
be derived from the GNMA guarantees of mortgage backed securities 
guaranteed loan receipt account.

                    policy development and research

    For necessary personnel compensation and benefits expenses of the 
Office of Policy Development and Research, $23,588,000.

                   fair housing and equal opportunity

    For necessary personnel compensation and benefits expenses of the 
Office of Fair Housing and Equal Opportunity, $67,964,000.

            office of healthy homes and lead hazard control

    For necessary personnel compensation and benefits expenses of the 
Office of Healthy Homes and Lead Hazard Control, $6,762,000.

                       Public and Indian Housing

                     tenant-based rental assistance

                     (including transfer of funds)

    For activities and assistance for the provision of tenant-based 
rental assistance authorized under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not 
otherwise provided for, $15,395,663,000, to remain available until 
expended, shall be available on October 1, 2010 (in addition to the 
$4,000,000,000 previously appropriated under this heading that will 
become available on October 1, 2010), and $4,000,000,000, to remain 
available until expended, shall be available on October 1, 2011: 
Provided, That of the amounts made available under this heading are 
provided as follows:
            (1) $17,080,000,000 shall be available for renewals of 
        expiring section 8 tenant-based annual contributions contracts 
        (including renewals of enhanced vouchers under any provision of 
        law authorizing such assistance under section 8(t) of the Act) 
        and including renewal of other special purpose vouchers 
        initially funded in fiscal years 2009 and 2010 (such as Family 
        Unification, Veterans Affairs Supportive Housing Vouchers and 
        Non-elderly Disabled Vouchers): Provided, That notwithstanding 
        any other provision of law, from amounts provided under this 
        paragraph and any carryover, the Secretary for the calendar 
        year 2011 funding cycle shall provide renewal funding for each 
        public housing agency based on validated voucher management 
        system (VMS) leasing and cost data for calendar year 2010 and 
        by applying the most recent 12 months of the Annual Adjustment 
        Factor as established by the Secretary, and by making any 
        necessary adjustments for the costs associated with the first-
        time renewal of vouchers under this paragraph including tenant 
        protection, and HOPE VI vouchers: Provided further, That none 
        of the funds provided under this paragraph may be used to fund 
        a total number of unit months under lease which exceeds a 
        public housing agency's authorized level of units under 
        contract, except for public housing agencies participating in 
        the Moving to Work demonstration, which are instead governed by 
        the terms and conditions of their MTW agreements: Provided 
        further, That the Secretary shall, to the extent necessary to 
        stay within the amount specified under this paragraph, pro rate 
        each public housing agency's allocation otherwise established 
        pursuant to this paragraph: Provided further, That except as 
        provided in the following provisos, the entire amount specified 
        under this paragraph shall be obligated to the public housing 
        agencies based on the allocation and pro rata method described 
        above, and the Secretary shall notify public housing agencies 
        of their annual budget not later than 60 days after enactment 
        of this Act: Provided further, That the Secretary may extend 
        the 60-day notification period with prior written approval of 
        the House and Senate Committees on Appropriations: Provided 
        further, That public housing agencies participating in the 
        Moving to Work demonstration shall be funded pursuant to their 
        Moving to Work agreements and shall be subject to the same pro 
        rata adjustments under the previous provisos: Provided further, 
        That up to $150,000,000 shall be available only: (1) to adjust 
        the allocations for public housing agencies, after application 
        for an adjustment by a public housing agency that experienced a 
        significant increase, as determined by the Secretary, in 
        renewal costs of tenant-based rental assistance resulting from 
        unforeseen circumstances or from portability under section 8(r) 
        of the Act; (2) for vouchers that were not in use during the 
        12-month period in order to be available to meet a commitment 
        pursuant to section 8(o)(13) of the Act; (3) for any increase 
        in the costs associated with deposits to family self-
        sufficiency program escrow accounts; (4) for onetime 
        adjustments of renewal funding for Public Housing Agencies in 
        receivership with approved fungibility plans for calendar year 
        2009 as authorized in Section 11003 of the Consolidated 
        Security, Disaster Assistance, and Continuing Appropriations 
        Act, 2009 (Public Law 110-329); or (5) to adjust allocations 
        for public housing agencies to prevent termination of 
        assistance to families receiving assistance under the disaster 
        voucher program, as authorized by Public Law 109-148 under the 
        heading ``Tenant-Based Rental Assistance'': Provided further, 
        That the Secretary shall allocate amounts under the previous 
        proviso based on need as determined by the Secretary: Provided 
        further, That of the amounts made available under this 
        paragraph, up to $100,000,000 may be transferred to and merged 
        with the appropriation for ``Transformation Initiative'';
            (2) $125,000,000 shall be for section 8 rental assistance 
        for relocation and replacement of housing units that are 
        demolished or disposed of pursuant to the Omnibus Consolidated 
        Rescissions and Appropriations Act of 1996 (Public Law 104-
        134), conversion of section 23 projects to assistance under 
        section 8, the family unification program under section 8(x) of 
        the Act, relocation of witnesses in connection with efforts to 
        combat crime in public and assisted housing pursuant to a 
        request from a law enforcement or prosecution agency, enhanced 
        vouchers under any provision of law authorizing such assistance 
        under section 8(t) of the Act, HOPE VI vouchers, mandatory and 
        voluntary conversions, and tenant protection assistance 
        including replacement and relocation assistance or for project 
        based assistance to prevent the displacement of unassisted 
        elderly tenants currently residing in section 202 properties 
        financed between 1959 and 1974 that are refinanced pursuant to 
        Public Law 106-569, as amended, or under the authority as 
        provided under this Act: Provided, That the Secretary shall 
        provide replacement vouchers for all units that were occupied 
        within the previous 24 months that cease to be available as 
        assisted housing, subject only to the availability of funds;
            (3) $1,851,000,000 shall be for administrative and other 
        expenses of public housing agencies in administering the 
        section 8 tenant-based rental assistance program, of which up 
        to $50,000,000 shall be available to the Secretary to allocate 
        to public housing agencies that need additional funds to 
        administer their section 8 programs, including fees associated 
        with section 8 tenant protection rental assistance, the 
        administration of disaster related vouchers, Veterans Affairs 
        Supportive Housing vouchers, and other incremental vouchers: 
        Provided, That no less than $1,741,000,000 of the amount 
        provided in this paragraph shall be allocated to public housing 
        agencies for the calendar year 2011 funding cycle based on 
        section 8(q) of the Act (and related Appropriation Act 
        provisions) as in effect immediately before the enactment of 
        the Quality Housing and Work Responsibility Act of 1998 (Public 
        Law 105-276): Provided further, That if the amounts made 
        available under this paragraph are insufficient to pay the 
        amounts determined under the previous proviso, the Secretary 
        may decrease the amounts allocated to agencies by a uniform 
        percentage applicable to all agencies receiving funding under 
        this paragraph or may, to the extent necessary to provide full 
        payment of amounts determined under the previous proviso, 
        utilize unobligated balances, including recaptures and 
        carryovers, remaining from funds appropriated to the Department 
        of Housing and Urban Development under this heading, for fiscal 
        year 2010 and prior fiscal years, notwithstanding the purposes 
        for which such amounts were appropriated: Provided further, 
        That amounts provided under this paragraph shall be only for 
        activities related to the provision of tenant-based rental 
        assistance authorized under section 8, including related 
        development activities: Provided further, That $60,000,000 
        shall be available for family self-sufficiency coordinators 
        under section 23 of the Act: Provided further, That amounts 
        provided for family self-sufficiency coordinators shall be 
        obligated to the public housing agencies not later than 60 days 
        after enactment of this Act;
            (4) $113,663,183 for renewal of tenant-based assistance 
        contracts under section 811 of the Cranston-Gonzalez National 
        Affordable Housing Act (42 U.S.C. 8013) entered into prior to 
        fiscal year 2007;
            (5) $75,000,000 for incremental rental voucher assistance 
        for use through a supported housing program administered in 
        conjunction with the Department of Veterans Affairs as 
        authorized under section 8(o)(19) of the United States Housing 
        Act of 1937: Provided, That the Secretary of Housing and Urban 
        Development shall make such funding available, notwithstanding 
        section 204 (competition provision) of this title, to public 
        housing agencies that partner with eligible VA Medical Centers 
        or other entities as designated by the Secretary of the 
        Department of Veterans Affairs, based on geographical need for 
        such assistance as identified by the Secretary of the 
        Department of Veterans Affairs, public housing agency 
        administrative performance, and other factors as specified by 
        the Secretary of Housing and Urban Development in consultation 
        with the Secretary of the Department of Veterans Affairs: 
        Provided further, That the Secretary of Housing and Urban 
        Development may waive, or specify alternative requirements for 
        (in consultation with the Secretary of the Department of 
        Veterans Affairs), any provision of any statute or regulation 
        that the Secretary of Housing and Urban Development administers 
        in connection with the use of funds made available under this 
        paragraph (except for requirements related to fair housing, 
        nondiscrimination, labor standards, and the environment), upon 
        a finding by the Secretary that any such waivers or alternative 
        requirements are necessary for the effective delivery and 
        administration of such voucher assistance: Provided further, 
        That assistance made available under this paragraph shall 
        continue to remain available for homeless veterans upon turn-
        over
            (6) Up to $66,000,000 for incremental tenant-based 
        assistance for eligible families assisted under the Disaster 
        Housing Assistance Program for Hurricanes Ike and Gustav: 
        Provided, That these vouchers will not be re-issued when 
        families leave the program;
            (7) $85,000,000 for incremental voucher assistance under 
        section 8(o) of the United States Housing Act of 1937, 
        including related administrative expenses, for two competitive 
        demonstration programs to address the needs of families and 
        individuals who are homeless or at risk of homelessness, as 
        defined by the Secretary of Housing and Urban Development, to 
        be administered by the Department of Housing and Urban 
        Development in conjunction with the Department of Health and 
        Human Services and the Department of Education: Provided, That 
        one demonstration program shall make funding available to 
        public housing agencies that: (1) partner with eligible state 
        or local entities responsible for distributing Temporary 
        Assistance for Needy Families (TANF) and other health and human 
        services as designated by the Secretary of the Department of 
        Health and Human Services, and (2) partner with school 
        homelessness liaisons funded through the Department of 
        Education's Education for Homeless Children and Youths program: 
        Provided further, That the other demonstration program shall 
        make funding available to public housing agencies that partner 
        with eligible state Medicaid agencies and state behavioral 
        health entities as designated by the Secretary of the 
        Department of Health and Human Services to provide housing in 
        conjunction with Medicaid case management, substance abuse 
        treatment, and mental health services: Provided further, That 
        the Secretary of Housing and Urban Development shall make the 
        funding specified in this subsection available through such 
        allocation procedures as the Secretary determines to be 
        appropriate, notwithstanding section 213 of the Housing and 
        Community Development Act of 1974 (42 U.S.C. 1439) and section 
        204 (competition provision) of this title, to entities with 
        demonstrated experience and that meet such other requirements 
        as determined by the Secretary: Provided further, That the 
        Secretary of Housing and Urban Development may waive, or 
        specify alternative requirements for any provision of any 
        statute or regulation that the Secretary of Housing and Urban 
        Development administers in connection with the use of funds 
        made available under this paragraph (except for requirements 
        related to fair housing, nondiscrimination, labor standards, 
        and the environment), upon a finding by the Secretary that any 
        such waivers or alternative requirements are necessary for the 
        effective delivery and administration of such voucher 
        assistance: Provided further, That the Secretary shall publish 
        in the Federal Register any waiver of any statute or regulation 
        that the Secretary administers pursuant to this subsection no 
        later than 10 days before the effective date of such waiver: 
        Provided further, That assistance made available under this 
        subsection shall continue to remain available for these 
        purposes upon turn-over.

                        housing certificate fund

    Unobligated balances, including recaptures and carryover, remaining 
from funds appropriated to the Department of Housing and Urban 
Development under this heading, the heading ``Annual Contributions for 
Assisted Housing'' and the heading ``Project-Based Rental Assistance'', 
for fiscal year 2011 and prior years may be used for renewal of or 
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which 
such funds were appropriated: Provided, That any obligated balances of 
contract authority from fiscal year 1974 and prior that have been 
terminated shall be cancelled: Provided further, That amounts 
heretofore recaptured, or recaptured during the current fiscal year, 
from project-based Section 8 contracts from source years fiscal year 
1975 through fiscal year 1987 are hereby rescinded, and an amount of 
additional new budget authority, equivalent to the amount rescinded is 
hereby appropriated, to remain available until expended, for the 
purposes set forth under this heading, in addition to amounts otherwise 
available.

                      public housing capital fund

     For the Public Housing Capital Fund Program to carry out capital 
and management activities for public housing agencies, as authorized 
under section 9 of the United States Housing Act of 1937 (42 U.S.C. 
1437g) (the ``Act'') $2,500,000,000, to remain available until 
September 30, 2014: Provided, That notwithstanding any other provision 
of law or regulation, during fiscal year 2011 the Secretary of Housing 
and Urban Development may not delegate to any Department official other 
than the Deputy Secretary and the Assistant Secretary for Public and 
Indian Housing any authority under paragraph (2) of section 9(j) 
regarding the extension of the time periods under such section: 
Provided further, That for purposes of such section 9(j), the term 
``obligate'' means, with respect to amounts, that the amounts are 
subject to a binding agreement that will result in outlays, immediately 
or in the future: Provided further, That up to $15,345,000 shall be to 
support the ongoing Public Housing Financial and Physical Assessment 
activities of the Real Estate Assessment Center (REAC): Provided 
further, That of the total amount provided under this heading, not to 
exceed $20,000,000 shall be available for the Secretary to make grants, 
notwithstanding section 204 of this Act, to public housing agencies for 
emergency capital needs resulting from unforeseen or unpreventable 
emergencies and natural disasters excluding Presidentially declared 
emergencies and natural disasters under the Robert T. Stafford Disaster 
Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal 
year 2011: Provided further, That of the total amount provided under 
this heading, $50,000,000 shall be for supportive services, service 
coordinators and congregate services as authorized by section 34 of the 
Act (42 U.S.C. 1437z-6) and the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided 
further, That a Notice of Funding Availability for the funds provided 
in the previous proviso shall be issued not later than 60 days after 
enactment of this Act: Provided further, That of the total amount 
provided under this heading up to $8,820,000 is to support the costs of 
administrative and judicial receiverships: Provided further, That from 
the funds made available under this heading, the Secretary shall 
provide bonus awards in fiscal year 2011 to public housing agencies 
that are designated high performers.

                     public housing operating fund

    For 2011 payments to public housing agencies for the operation and 
management of public housing, as authorized by section 9(e) of the 
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,829,000,000.

     revitalization of severely distressed public housing (hope vi)

    For grants to public housing agencies for demolition, site 
revitalization, replacement housing, and tenant-based assistance grants 
to projects as authorized by section 24 of the United States Housing 
Act of 1937 (42 U.S.C. 1437v), $200,000,000, to remain available until 
September 30, 2012, of which the Secretary of Housing and Urban 
Development may use up to $5,000,000 for technical assistance and 
contract expertise, to be provided directly or indirectly by grants, 
contracts or cooperative agreements, including training and cost of 
necessary travel for participants in such training, by or to officials 
and employees of the department and of public housing agencies and to 
residents: Provided, That none of such funds shall be used directly or 
indirectly by granting competitive advantage in awards to settle 
litigation or pay judgments, unless expressly permitted herein: 
Provided further, That a Notice of Funding Availability for the funds 
provided under this heading shall be issued not later than 60 days 
after enactment of this Act.

                  native american housing block grants

     For the Native American Housing Block Grants program, as 
authorized under title I of the Native American Housing Assistance and 
Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), 
$700,000,000, to remain available until expended: Provided, That, 
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation 
under title I of such Act for each Indian tribe, the Secretary shall 
apply the formula under section 302 of such Act with the need component 
based on single-race Census data and with the need component based on 
multi-race Census data, and the amount of the allocation for each 
Indian tribe shall be the greater of the two resulting allocation 
amounts: Provided further, That the Department shall notify grantees of 
their formula allocation within 60 days of enactment of this Act: 
Provided further, That of the amounts made available under this 
heading, $3,500,000 shall be contracted for assistance for a national 
organization representing Native American housing interests for 
providing training and technical assistance to Indian housing 
authorities and tribally designated housing entities as authorized 
under NAHASDA; and $4,250,000 shall be to support the inspection of 
Indian housing units, contract expertise, training, and technical 
assistance in the training, oversight, and management of such Indian 
housing and tenant-based assistance, including up to $300,000 for 
related travel: Provided further, That of the amount provided under 
this heading, $2,000,000 shall be made available for the cost of 
guaranteed notes and other obligations, as authorized by title VI of 
NAHASDA: Provided further, That such costs, including the costs of 
modifying such notes and other obligations, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize the total 
principal amount of any notes and other obligations, any part of which 
is to be guaranteed, not to exceed $20,000,000.

                  native hawaiian housing block grant

    For the Native Hawaiian Housing Block Grant program, as authorized 
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to 
remain available until expended: Provided, That of this amount, 
$300,000 shall be for training and technical assistance activities, 
including up to $100,000 for related travel by Hawaii-based HUD 
employees.

           indian housing loan guarantee fund program account

    For the cost of guaranteed loans, as authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z), 
$9,000,000, to remain available until expended: Provided, That such 
costs, including the costs of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, up to $994,000,000: 
Provided further, That up to $750,000 shall be for administrative 
contract expenses including management processes and systems to carry 
out the loan guarantee program.

      native hawaiian housing loan guarantee fund program account

    For the cost of guaranteed loans, as authorized by section 184A of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z), 
$1,044,000, to remain available until expended: Provided, That such 
costs, including the costs of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, not to exceed 
$41,504,255.

                   Community Planning and Development

              housing opportunities for persons with aids

    For carrying out the Housing Opportunities for Persons with AIDS 
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 
12901 et seq.), $350,000,000, to remain available until September 30, 
2012, except that amounts allocated pursuant to section 854(c)(3) of 
such Act shall remain available until September 30, 2013: Provided, 
That the Secretary shall renew all expiring contracts for permanent 
supportive housing that were funded under section 854(c)(3) of such Act 
that meet all program requirements before awarding funds for new 
contracts and activities authorized under this section: Provided 
further, That the Department shall notify grantees of their formula 
allocation within 60 days of enactment of this Act.

                       community development fund

    For assistance to units of State and local government, and to other 
entities, for economic and community development activities, and for 
other purposes, $4,352,100,000, to remain available until September 30, 
2013, unless otherwise specified: Provided, That of the total amount 
provided, $3,997,755,000 is for carrying out the community development 
block grant program under title I of the Housing and Community 
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 
5301 et seq.): Provided further, That unless explicitly provided for 
under this heading (except for planning grants provided in the second 
paragraph and amounts made available under the third paragraph), not to 
exceed 20 percent of any grant made with funds appropriated under this 
heading shall be expended for planning and management development and 
administration: Provided further, That the Department shall notify 
grantees of their formula allocation within 60 days of enactment of 
this Act: Provided further, That $65,000,000 shall be for grants to 
Indian tribes notwithstanding section 106(a)(1) of such Act, of which, 
notwithstanding any other provision of law (including section 204 of 
this Act), up to $3,960,000 may be used for emergencies that constitute 
imminent threats to health and safety.
    Of the amount made available under this heading, $77,145,000 shall 
be available for grants for the Economic Development Initiative (EDI) 
to finance a variety of targeted economic investments in accordance 
with the terms and conditions specified in the explanatory statement 
accompanying this Act: Provided, That none of the funds provided under 
this paragraph may be used for program operations: Provided further, 
That, for fiscal years 2008, 2009 and 2010, no unobligated funds for 
EDI grants may be used for any purpose except acquisition, planning, 
design, purchase of equipment, revitalization, redevelopment or 
construction.
    Of the amount made available under this heading, $12,200,000 shall 
be available for neighborhood initiatives that are utilized to improve 
the conditions of distressed and blighted areas and neighborhoods, to 
stimulate investment, economic diversification, and community 
revitalization in areas with population outmigration or a stagnating or 
declining economic base, or to determine whether housing benefits can 
be integrated more effectively with welfare reform initiatives: 
Provided, That amounts made available under this paragraph shall be 
provided in accordance with the terms and conditions specified in the 
explanatory statement accompanying this Act.
    The referenced statement of managers under the heading ``Community 
Planning and Development'' in title II in division I of Public Law 111-
8 is deemed to be amended by striking ``City of Wilson, NC, for 
demolition of dilapidated structures from downtown Wilson to further 
downtown redevelopment'' and inserting ``City of Wilson, NC, for the 
renovation of blighted structures to enhance downtown development''.
    The referenced statement of managers under the heading ``Community 
Planning and Development'' in title II in division I of Public Law 111-
8 is deemed to be amended by striking ``Catskill Visitor Interpretative 
Center, Shandaken, NY, for construction of a visitor's center'' and 
inserting ``New York State Department of Environmental Conservation, 
NY, for planning and design of the Catskill Visitor Interpretative 
Center''.
    The referenced statement of managers under the heading ``Community 
Planning and Development'' in title II in division I of Public Law 111-
8 is deemed to be amended by striking ``Charles County Department of 
Human Services, Maryland, Port Tobacco, MD, for acquisition and 
rehabilitation of the former Changing Point South facility as a 
homeless shelter and transitional housing'' and inserting ``Charles 
County Department of Human Services, Port Tobacco, MD, for acquisition 
and rehabilitation of a facility''.
    Of the amounts made available under this heading, $150,000,000 
shall be made available for a Sustainable Communities Initiative to 
improve regional planning efforts that integrate housing and 
transportation decisions, and increase the capacity to improve land use 
and zoning: Provided, That grants under such Initiative may only be 
made to metropolitan planning organizations (MPOs), rural planning 
organizations, States or other units of general local government, and 
housing- and transportation-related nonprofit organizations: Provided 
further, That $100,000,000 shall be for Regional Integrated Planning 
Grants to support the linking of transportation and land use planning: 
Provided further, That not less than $25,000,000 of the funding made 
available for Regional Integrated Planning Grants shall be awarded to 
metropolitan areas of less than 500,000: Provided further, That 
$40,000,000 shall be for Community Challenge Planning Grants to foster 
reform and reduce barriers to achieve affordable, economically vital, 
and sustainable communities: Provided further, That before funding is 
made available for Regional Integrated Planning Grants or Community 
Challenge Planning Grants, the Secretary, in coordination with the 
Secretary of Transportation, shall submit a plan to the House and 
Senate Committees on Appropriations, the Senate Committee on Banking 
and Urban Affairs, and the House Committee on Financial Services 
establishing grant criteria as well as performance measures by which 
the success of grantees will be measured: Provided further, That the 
Secretary will consult with the Secretary of Transportation in 
evaluating grant proposals: Provided further, That up to $10,000,000 
shall be for a joint Department of Housing and Urban Development and 
Department of Transportation research effort that shall include a 
rigorous evaluation of the Regional Integrated Planning Grants and 
Community Challenge Planning Grants programs, as well as to provide 
funding for a clearinghouse and capacity building efforts: Provided 
further, That of the amounts made available under this heading, 
$25,000,000 shall be made available for the Rural Innovation Fund for 
grants to Indian tribes, State housing finance agencies, State 
community and/or economic development agencies, local rural nonprofits 
and community development corporations to address the problems of 
concentrated rural housing distress and community poverty: Provided 
further, That of the funding made available under the previous proviso, 
at least $5,000,000 shall be made available to promote economic 
development and entrepreneurship for federally recognized Indian 
Tribes, through activities including the capitalization of revolving 
loan programs and business planning and development, funding is also 
made available for technical assistance to increase capacity through 
training and outreach activities: Provided further, That of the amounts 
made available under this heading, $25,000,000 is for grants pursuant 
to section 107 of the Housing and Community Development Act of 1974 (42 
U.S.C. 5307).

         community development loan guarantees program account

    For the cost of guaranteed loans, $10,000,000, to remain available 
until September 30, 2012, as authorized by section 108 of the Housing 
and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That 
such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, not to exceed 
$427,000,000, notwithstanding any aggregate limitation on outstanding 
obligations guaranteed in section 108(k) of the Housing and Community 
Development Act of 1974, as amended.

                       brownfields redevelopment

    For competitive economic development grants, as authorized by 
section 108(q) of the Housing and Community Development Act of 1974, as 
amended, for Brownfields redevelopment projects, $17,500,000, to remain 
available until September 30, 2012: Provided, That no funds made 
available under this heading may be used to establish loan loss 
reserves for the section 108 Community Development Loan Guarantee 
program: Provided further, That a Notice of Funding Availability shall 
be issued not later than 90 days after enactment of this Act.

                  home investment partnerships program

    For the HOME investment partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing Act, as 
amended, $1,825,000,000, to remain available until September 30, 2013: 
Provided, That, funds provided in prior appropriations Acts for 
technical assistance, that were made available for Community Housing 
Development Organizations technical assistance, and that still remain 
available, may be used for HOME technical assistance notwithstanding 
the purposes for which such amounts were appropriated: Provided 
further, That the Department shall notify grantees of their formula 
allocation within 60 days of enactment of thi Act.

        self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity Program, 
as authorized under section 11 of the Housing Opportunity Program 
Extension Act of 1996, as amended, $82,000,000, to remain available 
until September 30, 2012: Provided, That of the total amount provided 
under this heading, $27,000,000 shall be made available to the Self-
Help and Assisted Homeownership Opportunity Program as authorized under 
section 11 of the Housing Opportunity Program Extension Act of 1996, as 
amended: Provided further, That $50,000,000 shall be made available for 
the second, third and fourth capacity building activities authorized 
under section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 
note), of which not less than $5,000,000 may be made available for 
rural capacity building activities: Provided further, That $5,000,000 
shall be made available for capacity building activities as authorized 
in sections 6301 through 6305 of Public Law 110-246: Provided further, 
That a Notice of Funding Availability shall be issued not later than 60 
days after enactment of this Act.

                       homeless assistance grants

    For the emergency solutions grants program as authorized under 
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, 
as amended; the continuum of care program as authorized under subtitle 
C of title IV of such Act; and the rural housing stability assistance 
program as authorized under subtitle D of title IV of such Act, 
$2,200,000,000, of which $2,195,000,000 shall remain available until 
September 30, 2013, and of which $5,000,000 shall remain available 
until expended for project-based rental assistance rehabilitation with 
10-year grant terms and any rental assistance amounts that are 
recaptured under such continuum of care program shall remain available 
until expended: Provided, That up to $200,000,000 of the funds 
appropriated under this heading shall be available for such emergency 
solutions grants program: Provided further, That no less than 
$1,989,000,000 of the funds appropriated under this heading shall be 
available for such continuum of care and rural housing stability 
assistance programs: Provided further, That up to $6,000,000 of the 
funds appropriated under this heading shall be available for the 
national homeless data analysis project: Provided further, That for all 
match requirements applicable to funds made available under this 
heading for this fiscal year and prior years, a grantee may use (or 
could have used) as a source of match funds other funds administered by 
the Secretary and other Federal agencies unless there is (or was) a 
specific statutory prohibition on any such use of any such funds: 
Provided further, That the Secretary shall renew on an annual basis 
expiring contracts or amendments to contracts funded under the 
continuum of care program if the program is determined to be needed 
under the applicable continuum of care and meets appropriate program 
requirements and financial standards, as determined by the Secretary: 
Provided further, That all awards of assistance under this heading 
shall be required to coordinate and integrate homeless programs with 
other mainstream health, social services, and employment programs for 
which homeless populations may be eligible, including Medicaid, State 
Children's Health Insurance Program, Temporary Assistance for Needy 
Families, Food Stamps, and services funding through the Mental Health 
and Substance Abuse Block Grant, Workforce Investment Act, and the 
Welfare-to-Work grant program: Provided further, That all balances for 
Shelter Plus Care renewals previously funded from the Shelter Plus Care 
Renewal account and transferred to this account shall be available, if 
recaptured, for continuum of care renewals in fiscal year 2011.

                            Housing Programs

                    project-based rental assistance

    For activities and assistance for the provision of project-based 
subsidy contracts under the United States Housing Act of 1937 (42 
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for, 
$8,982,328,000, to remain available until expended, shall be available 
on October 1, 2010 (in addition to the $393,672,000 previously 
appropriated under this heading that will become available October 1, 
2010), and $400,000,000, to remain available until expended, shall be 
available on October 1, 2011: Provided, That the amounts made available 
under this heading shall be available for expiring or terminating 
section 8 project-based subsidy contracts (including section 8 moderate 
rehabilitation contracts), for amendments to section 8 project-based 
subsidy contracts (including section 8 moderate rehabilitation 
contracts), for contracts entered into pursuant to section 441 of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for renewal 
of section 8 contracts for units in projects that are subject to 
approved plans of action under the Emergency Low Income Housing 
Preservation Act of 1987 or the Low-Income Housing Preservation and 
Resident Homeownership Act of 1990, and for administrative and other 
expenses associated with project-based activities and assistance funded 
under this paragraph: Provided further, That of the total amounts 
provided under this heading, not to exceed $315,000,000 shall be 
available for performance-based contract administrators for section 8 
project-based assistance: Provided further, That the Secretary of 
Housing and Urban Development may also use such amounts in the previous 
proviso for performance-based contract administrators for the 
administration of: interest reduction payments pursuant to section 
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent 
supplement payments pursuant to section 101 of the Housing and Urban 
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental 
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental 
assistance contracts for the elderly under section 202(c)(2) of the 
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance 
contracts for supportive housing for persons with disabilities under 
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to 
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat. 
667); and loans under section 202 of the Housing Act of 1959 (Public 
Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured 
under this heading, the heading ``Annual Contributions for Assisted 
Housing'', or the heading ``Housing Certificate Fund'' may be used for 
renewals of or amendments to section 8 project-based contracts or for 
performance-based contract administrators, notwithstanding the purposes 
for which such amounts were appropriated.

                        housing for the elderly

    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959, as amended, and for project rental assistance 
for the elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of expiring 
contracts for such assistance for up to a 1-year term, and for 
supportive services associated with the housing, $825,000,000, to 
remain available until September 30, 2014, of which up to $491,300,000 
shall be for capital advance and project-based rental assistance 
awards: Provided, That amounts for project rental assistance contracts 
are to remain available for the liquidation of valid obligations for 10 
years following the date of such obligation: Provided further, That of 
the amount provided under this heading, up to $90,000,000 shall be for 
service coordinators and the continuation of existing congregate 
service grants for residents of assisted housing projects, and of which 
up to $40,000,000 shall be for grants under section 202b of the Housing 
Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects 
under such section to assisted living or related use and for 
substantial and emergency capital repairs as determined by the 
Secretary: Provided further, That of the amount made available under 
this heading, $20,000,000 shall be available to the Secretary of 
Housing and Urban Development only for making competitive grants to 
private nonprofit organizations and consumer cooperatives for covering 
costs of architectural and engineering work, site control, and other 
planning relating to the development of supportive housing for the 
elderly that is eligible for assistance under section 202 of the 
Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts 
under this heading shall be available for Real Estate Assessment Center 
inspections and inspection-related activities associated with section 
202 capital advance projects: Provided further, That the Secretary may 
waive the provisions of section 202 governing the terms and conditions 
of project rental assistance, except that the initial contract term for 
such assistance shall not exceed 5 years in duration.

                 housing for persons with disabilities

    For capital advance contracts, including amendments to capital 
advance contracts, for supportive housing for persons with 
disabilities, as authorized by section 811 of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 8013), for project rental 
assistance for supportive housing for persons with disabilities under 
section 811(d)(2) of such Act, including amendments to contracts for 
such assistance and renewal of expiring contracts for such assistance 
for up to a 1-year term, and for supportive services associated with 
the housing for persons with disabilities as authorized by section 
811(b)(1) of such Act, and for tenant-based rental assistance contracts 
entered into pursuant to section 811 of such Act, $300,000,000, of 
which up to $209,900,000 shall be for capital advances and project-
based rental assistance contracts, to remain available until September 
30, 2014: Provided, That amounts for project rental assistance 
contracts are to remain available for the liquidation of valid 
obligations for 10 years following the date of such obligation: 
Provided further, That the Secretary may waive the provisions of 
section 811 governing the terms and conditions of project rental 
assistance, except that the initial contract term for such assistance 
shall not exceed 5 years in duration: Provided further, That amounts 
made available under this heading shall be available for Real Estate 
Assessment Center inspections and inspection-related activities 
associated with section 811 Capital Advance Projects.

                     Housing Counseling Assistance

    For contracts, grants, and other assistance excluding loans, as 
authorized under section 106 of the Housing and Urban Development Act 
of 1968, as amended, $88,000,000, including up to $2,500,000 for 
administrative contract services, to remain available until September 
30, 2012: Provided, That funds shall be used for providing counseling 
and advice to tenants and homeowners, both current and prospective, 
with respect to property maintenance, financial management/literacy, 
and such other matters as may be appropriate to assist them in 
improving their housing conditions, meeting their financial needs, and 
fulfilling the responsibilities of tenancy or homeownership; for 
program administration; and for housing counselor training.

                    other assisted housing programs

                       rental housing assistance

    For amendments to contracts under section 101 of the Housing and 
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) 
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-
insured rental housing projects, $40,600,000, to remain available until 
expended.

                            rent supplement

                              (rescission)

    Of the amounts recaptured from terminated contracts under section 
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) 
and section 236 of the National Housing Act (12 U.S.C. 1715z-1) 
$40,600,000 are rescinded: Provided, That no amounts may be rescinded 
from amounts that were designated by the Congress as an emergency 
requirement pursuant to the Concurrent Resolution on the Budget or the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

            payment to manufactured housing fees trust fund

    For necessary expenses as authorized by the National Manufactured 
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 
et seq.), up to $14,000,000, to remain available until expended, of 
which $7,000,000 is to be derived from the Manufactured Housing Fees 
Trust Fund: Provided, That not to exceed the total amount appropriated 
under this heading shall be available from the general fund of the 
Treasury to the extent necessary to incur obligations and make 
expenditures pending the receipt of collections to the Fund pursuant to 
section 620 of such Act: Provided further, That the amount made 
available under this heading from the general fund shall be reduced as 
such collections are received during fiscal year 2011 so as to result 
in a final fiscal year 2011 appropriation from the general fund 
estimated at not more than $7,000,000 and fees pursuant to such section 
620 shall be modified as necessary to ensure such a final fiscal year 
2011 appropriation: Provided further, That for the dispute resolution 
and installation programs, the Secretary of Housing and Urban 
Development may assess and collect fees from any program participant: 
Provided further, That such collections shall be deposited into the 
Fund, and the Secretary, as provided herein, may use such collections, 
as well as fees collected under section 620, for necessary expenses of 
such Act: Provided further, That notwithstanding the requirements of 
section 620 of such Act, the Secretary may carry out responsibilities 
of the Secretary under such Act through the use of approved service 
providers that are paid directly by the recipients of their services.

                     Federal Housing Administration

               mutual mortgage insurance program account

                     (including transfer of funds)

    New commitments to guarantee single family loans insured under the 
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to 
remain available until September 30, 2012: Provided, That for the cost 
of new guaranteed loans, as authorized by section 255 of the National 
Housing Act (12 U.S.C. 17152-20), $150,000,000: Provided further, That 
during fiscal year 2011, obligations to make direct loans to carry out 
the purposes of section 204(g) of the National Housing Act, as amended, 
shall not exceed $50,000,000: Provided further, That the foregoing 
amount in the previous proviso shall be for loans to nonprofit and 
governmental entities in connection with sales of single family real 
properties owned by the Secretary and formerly insured under the Mutual 
Mortgage Insurance Fund. For administrative contract expenses of the 
Federal Housing Administration, $207,000,000, to remain available until 
September 30, 2012, of which up to $71,500,000 may be transferred to 
the Working Capital Fund: Provided further, That to the extent 
guaranteed loan commitments exceed $200,000,000,000 on or before April 
1, 2011, an additional $1,400 for administrative contract expenses 
shall be available for each $1,000,000 in additional guaranteed loan 
commitments (including a pro rata amount for any amount below 
$1,000,000), but in no case shall funds made available by this proviso 
exceed $30,000,000.

                general and special risk program account

     During fiscal year 2011, commitments to guarantee loans incurred 
under the General and Special Risk Insurance Funds, as authorized by 
sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 
1735c), shall not exceed $20,000,000,000 in total loan principal, any 
part of which is to be guaranteed.
    Gross obligations for the principal amount of direct loans, as 
authorized by sections 204(g), 207(l), 238, and 519(a) of the National 
Housing Act, shall not exceed $20,000,000,which shall be for loans to 
non-profit and governmental entities in connection with the sale of 
single family real properties owned by the Secretary and formerly 
insured under such Act.

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 
1721(g)), shall not exceed $500,000,000,000, to remain available until 
September 30, 2012.

                    Policy Development and Research

                        research and technology

    For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including 
carrying out the functions of the Secretary of Housing and Urban 
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of 
1968, $50,000,000, to remain available until September 30, 2012.

                   Fair Housing and Equal Opportunity

                        fair housing activities

    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968, as 
amended by the Fair Housing Amendments Act of 1988, and section 561 of 
the Housing and Community Development Act of 1987, as amended, 
$72,000,000, to remain available until September 30, 2012, of which 
$42,500,000 shall be to carry out activities pursuant to such section 
561: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may 
assess and collect fees to cover the costs of the Fair Housing Training 
Academy, and may use such funds to provide such training: Provided 
further, That no funds made available under this heading shall be used 
to lobby the executive or legislative branches of the Federal 
Government in connection with a specific contract, grant or loan.

            Office of Lead Hazard Control and Healthy Homes

                         lead hazard reduction

     For the Lead Hazard Reduction Program, as authorized by section 
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 
$140,000,000, to remain available until September 30, 2012, of which 
not less than $40,000,000 shall be for the Healthy Homes Initiative, 
pursuant to sections 501 and 502 of the Housing and Urban Development 
Act of 1970 that shall include research, studies, testing, and 
demonstration efforts, including education and outreach concerning 
lead-based paint poisoning and other housing-related diseases and 
hazards: Provided, That for purposes of environmental review, pursuant 
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and other provisions of the law that further the purposes of such 
Act, a grant under the Healthy Homes Initiative, Operation Lead 
Elimination Action Plan (LEAP), or the Lead Technical Studies program 
under this heading or under prior appropriations Acts for such purposes 
under this heading, shall be considered to be funds for a special 
project for purposes of section 305(c) of the Multifamily Housing 
Property Disposition Reform Act of 1994: Provided further, That amounts 
made available under this heading in this or prior appropriations Acts, 
and that still remain available, may be used for any purpose under this 
heading notwithstanding the purpose for which such amounts were 
appropriated if a program competition is undersubscribed and there are 
other program competitions under this heading that are oversubscribed: 
Provided further, That a Notice of Funding Availability shall be issued 
not later than 60 days after enactment of this Act.

                     Management and Administration

                          working capital fund

    For additional capital for the Working Capital Fund (42 U.S.C. 
3535) for the maintenance of infrastructure for Department-wide 
information technology systems, for the continuing operation and 
maintenance of both Department-wide and program-specific information 
systems, and for program-related maintenance activities, $243,500,000, 
to remain available until September 30, 2012: Provided, That any 
amounts transferred to this Fund under this Act shall remain available 
until expended: Provided further, That any amounts transferred to this 
Fund from amounts appropriated by previously enacted appropriations 
Acts or from within this Act may be used only for the purposes 
specified under this Fund, in addition to the purposes for which such 
amounts were appropriated: Provided further, That up to $15,000,000 may 
be transferred to this account from all other accounts in this title 
(except for the Office of the Inspector General account) that make 
funds available for salaries and expenses.

                      office of inspector general

    For necessary salaries and expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978, as amended, 
$122,000,000: Provided, That the Inspector General shall have 
independent authority over all personnel issues within this office.

                       transformation initiative

    For necessary expenses for combating mortgage fraud, $20,000,000, 
to remain available until expended.
    In addition, of the amounts made available in this Act under each 
of the following headings under this title, the Secretary may transfer 
to, and merge with, this account up to 1 percent from each such 
account, and such transferred amounts shall be available until 
September 30, 2014, for (1) research, evaluation, and program metrics; 
(2) program demonstrations; (3) technical assistance and capacity 
building; and (4) information technology: ``Tenant-Based Rental 
Assistance'', ``Public Housing Operating Fund'', ``Indian Housing Loan 
Guarantee Fund Program Account'', ``Native Hawaiian Housing Block 
Grants'', ``Housing Opportunities for Persons With AIDS'', ``Community 
Development Fund'', ``Housing Counseling Assistance'', ``Payment to 
Manufactured Housing Fees Trust Fund'', ``Mutual Mortgage Insurance 
Program Account'', ``Lead Hazard Reduction'', and ``Rental Housing 
Assistance'': Provided, That of the amounts made available under this 
paragraph, not less than $130,000,000 shall be available for 
information technology modernization, including development and 
deployment of a Next Generation of Voucher Management System and 
development and deployment of modernized Federal Housing Administration 
systems: Provided further, That not more than 25 percent of the funds 
made available for information technology modernization may be 
obligated until the Secretary submits to the Committees on 
Appropriations a plan for expenditure that (1) identifies for each 
modernization project (a) the functional and performance capabilities 
to be delivered and the mission benefits to be realized, (b) the 
estimated lifecycle cost, and (c) key milestones to be met; (2) 
demonstrates that each modernization project is (a) compliant with the 
department's enterprise architecture, (b) being managed in accordance 
with applicable lifecycle management policies and guidance, (c) subject 
to the department's capital planning and investment control 
requirements, and (d) supported by an adequately staffed project 
office; and (3) has been reviewed by the Government Accountability 
Office: Provided further, That of the amounts made available under this 
paragraph, not less than $40,000,000 shall be available for technical 
assistance and capacity building: Provided further, That technical 
assistance activities shall include, technical assistance for HUD 
programs, including HOME, Community Development Block Grant, homeless 
programs, HOPWA, HOPE VI, Public Housing, the Housing Choice Voucher 
Program, Fair Housing Initiative Program, Housing Counseling, Healthy 
Homes, Sustainable Communities, Energy Innovation Fund and other 
technical assistance as determined by the Secretary: Provided further, 
That of the amounts made available for research, evaluation and program 
metrics and program demonstrations, the Secretary shall include an 
assessment of the effectiveness of HUD funded service coordinators: 
Provided further, That the Secretary shall submit a plan to the House 
and Senate Committees on Appropriations for approval detailing how the 
funding provided under this heading will be allocated to each of the 
categories identified under this heading and for what projects or 
activities funding will be used: Provided further, That following the 
initial approval of this plan, the Secretary may amend the plan with 
the approval of the House and Senate Committees on Appropriations.

    General Provisions--Department of Housing and Urban Development

    Sec. 201.  Fifty percent of the amounts of budget authority, or in 
lieu thereof 50 percent of the cash amounts associated with such budget 
authority, that are recaptured from projects described in section 
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act 
of 1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of 
cash, shall be remitted to the Treasury, and such amounts of budget 
authority or cash recaptured and not rescinded or remitted to the 
Treasury shall be used by State housing finance agencies or local 
governments or local housing agencies with projects approved by the 
Secretary of Housing and Urban Development for which settlement 
occurred after January 1, 1992, in accordance with such section. 
Notwithstanding the previous sentence, the Secretary may award up to 15 
percent of the budget authority or cash recaptured and not rescinded or 
remitted to the Treasury to provide project owners with incentives to 
refinance their project at a lower interest rate.
    Sec. 202.  None of the amounts made available under this Act may be 
used during fiscal year 2011 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining of a non-frivolous legal 
action, that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a court of 
competent jurisdiction.
    Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts 
made available under this title for fiscal year 2011 that are allocated 
under such section, the Secretary of Housing and Urban Development 
shall allocate and make a grant, in the amount determined under 
subsection (b), for any State that--
            (1) received an allocation in a prior fiscal year under 
        clause (ii) of such section; and
            (2) is not otherwise eligible for an allocation for fiscal 
        year 2011 under such clause (ii) because the areas in the State 
        outside of the metropolitan statistical areas that qualify 
        under clause (i) in fiscal year 2011 do not have the number of 
        cases of acquired immunodeficiency syndrome (AIDS) required 
        under such clause.
    (b) The amount of the allocation and grant for any State described 
in subsection (a) shall be an amount based on the cumulative number of 
AIDS cases in the areas of that State that are outside of metropolitan 
statistical areas that qualify under clause (i) of such section 
854(c)(1)(A) in fiscal year 2011, in proportion to AIDS cases among 
cities and States that qualify under clauses (i) and (ii) of such 
section and States deemed eligible under subsection (a).
    (c) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2011 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New 
York, on behalf of the New York-Wayne-White Plains, New York-New Jersey 
Metropolitan Division (hereafter ``metropolitan division'') of the New 
York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be 
adjusted by the Secretary of Housing and Urban Development by: (1) 
allocating to the City of Jersey City, New Jersey, the proportion of 
the metropolitan area's or division's amount that is based on the 
number of cases of AIDS reported in the portion of the metropolitan 
area or division that is located in Hudson County, New Jersey, and 
adjusting for the proportion of the metropolitan division's high 
incidence bonus if this area in New Jersey also has a higher than 
average per capita incidence of AIDS; and (2) allocating to the City of 
Paterson, New Jersey, the proportion of the metropolitan area's or 
division's amount that is based on the number of cases of AIDS reported 
in the portion of the metropolitan area or division that is located in 
Bergen County and Passaic County, New Jersey, and adjusting for the 
proportion of the metropolitan division's high incidence bonus if this 
area in New Jersey also has a higher than average per capita incidence 
of AIDS. The recipient cities shall use amounts allocated under this 
subsection to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective 
portions of the metropolitan division that is located in New Jersey.
    (d) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2011 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than 
average per capita incidence of AIDS, shall be adjusted by the 
Secretary on the basis of area incidence reported over a 3-year period.
    Sec. 204.  Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title II of 
this Act shall be made on a competitive basis and in accordance with 
section 102 of the Department of Housing and Urban Development Reform 
Act of 1989 (42 U.S.C. 3545).
    Sec. 205.  Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a 
contract or fee basis, and for utilizing and making payment for 
services and facilities of the Federal National Mortgage Association, 
Government National Mortgage Association, Federal Home Loan Mortgage 
Corporation, Federal Financing Bank, Federal Reserve banks or any 
member thereof, Federal Home Loan banks, and any insured bank within 
the meaning of the Federal Deposit Insurance Corporation Act, as 
amended (12 U.S.C. 1811-1).
    Sec. 206.  Unless otherwise provided for in this Act or through a 
reprogramming of funds, no part of any appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 207.  Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the Government Corporation 
Control Act, are hereby authorized to make such expenditures, within 
the limits of funds and borrowing authority available to each such 
corporation or agency and in accordance with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of such Act as may be necessary in carrying out 
the programs set forth in the budget for 2011 for such corporation or 
agency except as hereinafter provided: Provided, That collections of 
these corporations and agencies may be used for new loan or mortgage 
purchase commitments only to the extent expressly provided for in this 
Act (unless such loans are in support of other forms of assistance 
provided for in this or prior appropriations Acts), except that this 
proviso shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United States 
Government.
    Sec. 208.  The Secretary of Housing and Urban Development shall 
provide quarterly reports to the House and Senate Committees on 
Appropriations regarding all uncommitted, unobligated, recaptured and 
excess funds in each program and activity within the jurisdiction of 
the Department and shall submit additional, updated budget information 
to these Committees upon request.
    Sec. 209. (a) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2011 under section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of 
Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''), 
shall be adjusted by the Secretary of Housing and Urban Development by 
allocating to the State of New Jersey the proportion of the 
metropolitan division's amount that is based on the number of cases of 
AIDS reported in the portion of the metropolitan division that is 
located in New Jersey, and adjusting for the proportion of the 
metropolitan division's high incidence bonus if this area in New Jersey 
also has a higher than average per capita incidence of AIDS. The State 
of New Jersey shall use amounts allocated to the State under this 
subsection to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the 
metropolitan division that is located in New Jersey.
    (b) Notwithstanding any other provision of law, the Secretary of 
Housing and Urban Development shall allocate to Wake County, North 
Carolina, the amounts that otherwise would be allocated for fiscal year 
2011 under section 854(c) of the AIDS Housing Opportunity Act (42 
U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of 
the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any 
amounts allocated to Wake County shall be used to carry out eligible 
activities under section 855 of such Act (42 U.S.C. 12904) within such 
metropolitan statistical area.
    (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity 
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban 
Development may adjust the allocation of the amounts that otherwise 
would be allocated for fiscal year 2011 under section 854(c) of such 
Act, upon the written request of an applicant, in conjunction with the 
State(s), for a formula allocation on behalf of a metropolitan 
statistical area, to designate the State or States in which the 
metropolitan statistical area is located as the eligible grantee(s) of 
the allocation. In the case that a metropolitan statistical area 
involves more than one State, such amounts allocated to each State 
shall be in proportion to the number of cases of AIDS reported in the 
portion of the metropolitan statistical area located in that State. Any 
amounts allocated to a State under this section shall be used to carry 
out eligible activities within the portion of the metropolitan 
statistical area located in that State.
    Sec. 210.  The President's formal budget request for fiscal year 
2012, as well as the Department of Housing and Urban Development's 
congressional budget justifications to be submitted to the Committees 
on Appropriations of the House of Representatives and the Senate, shall 
use the identical account and sub-account structure provided under this 
Act.
    Sec. 211.  A public housing agency or such other entity that 
administers Federal housing assistance for the Housing Authority of the 
county of Los Angeles, California, the States of Alaska, Iowa, and 
Mississippi shall not be required to include a resident of public 
housing or a recipient of assistance provided under section 8 of the 
United States Housing Act of 1937 on the board of directors or a 
similar governing board of such agency or entity as required under 
section (2)(b) of such Act. Each public housing agency or other entity 
that administers Federal housing assistance under section 8 for the 
Housing Authority of the county of Los Angeles, California and the 
States of Alaska, Iowa and Mississippi that chooses not to include a 
resident of Public Housing or a recipient of section 8 assistance on 
the board of directors or a similar governing board shall establish an 
advisory board of not less than six residents of public housing or 
recipients of section 8 assistance to provide advice and comment to the 
public housing agency or other administering entity on issues related 
to public housing and section 8. Such advisory board shall meet not 
less than quarterly.
    Sec. 212. (a) Notwithstanding any other provision of law, subject 
to the conditions listed in subsection (b), for fiscal years 2011 and 
2012, the Secretary of Housing and Urban Development may authorize the 
transfer of some or all project-based assistance, debt and statutorily 
required low-income and very low-income use restrictions, associated 
with one or more multifamily housing project to another multifamily 
housing project or projects.
    (b) The transfer authorized in subsection (a) is subject to the 
following conditions:
            (1) The number of low-income and very low-income units and 
        the net dollar amount of Federal assistance provided by the 
        transferring project shall remain the same in the receiving 
        project or projects.
            (2) The transferring project shall, as determined by the 
        Secretary, be either physically obsolete or economically non-
        viable.
            (3) The receiving project or projects shall meet or exceed 
        applicable physical standards established by the Secretary.
            (4) The owner or mortgagor of the transferring project 
        shall notify and consult with the tenants residing in the 
        transferring project and provide a certification of approval by 
        all appropriate local governmental officials.
            (5) The tenants of the transferring project who remain 
        eligible for assistance to be provided by the receiving project 
        or projects shall not be required to vacate their units in the 
        transferring project or projects until new units in the 
        receiving project are available for occupancy.
            (6) The Secretary determines that this transfer is in the 
        best interest of the tenants.
            (7) If either the transferring project or the receiving 
        project or projects meets the condition specified in subsection 
        (c)(2)(A), any lien on the receiving project resulting from 
        additional financing obtained by the owner shall be subordinate 
        to any FHA-insured mortgage lien transferred to, or placed on, 
        such project by the Secretary.
            (8) If the transferring project meets the requirements of 
        subsection (c)(2)(E), the owner or mortgagor of the receiving 
        project or projects shall execute and record either a 
        continuation of the existing use agreement or a new use 
        agreement for the project where, in either case, any use 
        restrictions in such agreement are of no lesser duration than 
        the existing use restrictions.
            (9) Any financial risk to the FHA General and Special Risk 
        Insurance Fund, as determined by the Secretary, would be 
        reduced as a result of a transfer completed under this section.
            (10) The Secretary determines that Federal liability with 
        regard to this project will not be increased.
    (c) For purposes of this section--
            (1) the terms ``low-income'' and ``very low-income'' shall 
        have the meanings provided by the statute and/or regulations 
        governing the program under which the project is insured or 
        assisted;
            (2) the term ``multifamily housing project'' means housing 
        that meets one of the following conditions--
                    (A) housing that is subject to a mortgage insured 
                under the National Housing Act;
                    (B) housing that has project-based assistance 
                attached to the structure including projects undergoing 
                mark to market debt restructuring under the Multifamily 
                Assisted Housing Reform and Affordability Housing Act;
                    (C) housing that is assisted under section 202 of 
                the Housing Act of 1959 as amended by section 801 of 
                the Cranston-Gonzales National Affordable Housing Act;
                    (D) housing that is assisted under section 202 of 
                the Housing Act of 1959, as such section existed before 
                the enactment of the Cranston-Gonzales National 
                Affordable Housing Act; or
                    (E) housing or vacant land that is subject to a use 
                agreement;
            (3) the term ``project-based assistance'' means--
                    (A) assistance provided under section 8(b) of the 
                United States Housing Act of 1937;
                    (B) assistance for housing constructed or 
                substantially rehabilitated pursuant to assistance 
                provided under section 8(b)(2) of such Act (as such 
                section existed immediately before October 1, 1983);
                    (C) rent supplement payments under section 101 of 
                the Housing and Urban Development Act of 1965;
                    (D) interest reduction payments under section 236 
                and/or additional assistance payments under section 
                236(f)(2) of the National Housing Act; and
                    (E) assistance payments made under section 
                202(c)(2) of the Housing Act of 1959;
            (4) the term ``receiving project or projects'' means the 
        multifamily housing project or projects to which some or all of 
        the project-based assistance, debt, and statutorily required 
        use low-income and very low-income restrictions are to be 
        transferred;
            (5) the term ``transferring project'' means the multifamily 
        housing project which is transferring some or all of the 
        project-based assistance, debt and the statutorily required 
        low-income and very low-income use restrictions to the 
        receiving project or projects; and
            (6) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development.
    Sec. 213.  The funds made available for Native Alaskans under the 
heading ``Native American Housing Block Grants'' in title III of this 
Act shall be allocated to the same Native Alaskan housing block grant 
recipients that received funds in fiscal year 2005.
    Sec. 214.  No funds provided under this title may be used for an 
audit of the Government National Mortgage Association that makes 
applicable requirements under the Federal Credit Reform Act of 1990 (2 
U.S.C. 661 et seq.).
    Sec. 215. (a) No assistance shall be provided under section 8 of 
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any 
individual who--
    (1) is enrolled as a student at an institution of higher education 
(as defined under section 102 of the Higher Education Act of 1965 (20 
U.S.C. 1002));
    (2) is under 24 years of age;
    (3) is not a veteran;
    (4) is unmarried;
    (5) does not have a dependent child;
    (6) is not a person with disabilities, as such term is defined in 
section 3(b)(3)(E) of the United States Housing Act of 1937 (42 U.S.C. 
1437a(b)(3)(E)) and was not receiving assistance under such section 8 
as of November 30, 2005; and
    (7) is not otherwise individually eligible, or has parents who, 
individually or jointly, are not eligible, to receive assistance under 
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).
    (b) For purposes of determining the eligibility of a person to 
receive assistance under section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts 
received for tuition) that an individual receives under the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, 
or an institution of higher education (as defined under the Higher 
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to 
that individual, except for a person over the age of 23 with dependent 
children.
    Sec. 216. (a) Section 255(g) of the National Housing Act (12 U.S.C. 
1715z-20) is amended by striking the first sentence.
    Sec. 217.  Notwithstanding any other provision of law, in fiscal 
year 2010, in managing and disposing of any multifamily property that 
is owned or has a mortgage held by the Secretary of Housing and Urban 
Development, the Secretary shall maintain any rental assistance 
payments under section 8 of the United States Housing Act of 1937 and 
other programs that are attached to any dwelling units in the property. 
To the extent the Secretary determines, in consultation with the 
tenants and the local government, that such a multifamily property 
owned or held by the Secretary is not feasible for continued rental 
assistance payments under such section 8 or other programs, based on 
consideration of (1) the costs of rehabilitating and operating the 
property and all available Federal, State, and local resources, 
including rent adjustments under section 524 of the Multifamily 
Assisted Housing Reform and Affordability Act of 1997 (``MAHRAA'') and 
(2) environmental conditions that cannot be remedied in a cost-
effective fashion, the Secretary may, in consultation with the tenants 
of that property, contract for project-based rental assistance payments 
with an owner or owners of other existing housing properties, or 
provide other rental assistance. The Secretary shall also take 
appropriate steps to ensure that project-based contracts remain in 
effect prior to foreclosure, subject to the exercise of contractual 
abatement remedies to assist relocation of tenants for imminent major 
threats to health and safety. After disposition of any multifamily 
property described under this section, the contract and allowable rent 
levels on such properties shall be subject to the requirements under 
section 524 of MAHRAA.
    Sec. 218.  During fiscal year 2011, in the provision of rental 
assistance under section 8(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the 
economy and effectiveness of providing such assistance for use in 
assisted living facilities that is carried out in the counties of the 
State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of 
such section 8(o), a family residing in an assisted living facility in 
any such county, on behalf of which a public housing agency provides 
assistance pursuant to section 8(o)(18) of such Act, may be required, 
at the time the family initially receives such assistance, to pay rent 
in an amount exceeding 40 percent of the monthly adjusted income of the 
family by such a percentage or amount as the Secretary of Housing and 
Urban Development determines to be appropriate.
    Sec. 219.  The Secretary of Housing and Urban Development shall 
report quarterly to the House of Representatives and Senate Committees 
on Appropriations on HUD's use of all sole source contracts, including 
terms of the contracts, cost, and a substantive rationale for using a 
sole source contract.
    Sec. 220.  Notwithstanding any other provision of law, the 
recipient of a grant under section 202b of the Housing Act of 1959 (12 
U.S.C. 1701q) after December 26, 2000, in accordance with the 
unnumbered paragraph at the end of section 202(b) of such Act, may, at 
its option, establish a single-asset nonprofit entity to own the 
project and may lend the grant funds to such entity, which may be a 
private nonprofit organization described in section 831 of the American 
Homeownership and Economic Opportunity Act of 2000.
    Sec. 221. (a) The amounts provided under the subheading ``Program 
Account'' under the heading ``Community Development Loan Guarantees'' 
may be used to guarantee, or make commitments to guarantee, notes, or 
other obligations issued by any State on behalf of non-entitlement 
communities in the State in accordance with the requirements of section 
108 of the Housing and Community Development Act of 1974 in fiscal year 
2011 and subsequent years: Provided, That, any State receiving such a 
guarantee or commitment shall distribute all funds subject to such 
guarantee to the units of general local government in non-entitlement 
areas that received the commitment.
    (b) Not later than 60 days after the date of enactment of this Act, 
the Secretary of Housing and Urban Development shall promulgate 
regulations governing the administration of the funds described under 
subsection (a).
    Sec. 222.  Section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v) is amended--
            (1) in subsection (m)(1), by striking ``fiscal year'' and 
        all that follows through the period at the end and inserting 
        ``fiscal year 2011.''; and
            (2) in subsection (o), by striking ``September'' and all 
        that follows through the period at the end and inserting 
        ``September 30, 2011.''.
    Sec. 223.  Public housing agencies that own and operate 400 or 
fewer public housing units may elect to be exempt from any asset 
management requirement imposed by the Secretary of Housing and Urban 
Development in connection with the operating fund rule: Provided, That 
an agency seeking a discontinuance of a reduction of subsidy under the 
operating fund formula shall not be exempt from asset management 
requirements.
    Sec. 224.  With respect to the use of amounts provided in this Act 
and in future Acts for the operation, capital improvement and 
management of public housing as authorized by sections 9(d) and 9(e) of 
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 
Secretary shall not impose any requirement or guideline relating to 
asset management that restricts or limits in any way the use of capital 
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2) 
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): 
Provided, That a public housing agency may not use capital funds 
authorized under section 9(d) for activities that are eligible under 
section 9(e) for assistance with amounts from the operating fund in 
excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
    Sec. 225.  No official or employee of the Department of Housing and 
Urban Development shall be designated as an allotment holder unless the 
Office of the Chief Financial Officer has determined that such 
allotment holder has implemented an adequate system of funds control 
and has received training in funds control procedures and directives. 
The Chief Financial Officer shall ensure that, not later than 90 days 
after the date of enactment of this Act, there is a trained allotment 
holder shall be designated for each HUD subaccount under the headings 
``Executive Direction'' and heading ``Administration, Operations, and 
Management'' as well as each account receiving appropriations for 
``personnel compensation and benefits'' within the Department of 
Housing and Urban Development.
    Sec. 226.  Payment of attorney fees in program-related litigation 
must be paid from individual program office personnel benefits and 
compensation funding. The annual budget submission for program office 
personnel benefit and compensation funding must include program-related 
litigation costs for attorney fees as a separate line item request.
    Sec. 227. (a) Approval of Prepayment of Debt.--Upon request of the 
project sponsor of a project assisted with a loan under section 202 of 
the Housing Act of 1959 (as in effect before the enactment of the 
Cranston-Gonzalez National Affordable Housing Act), for which the 
Secretary's consent to prepayment is required, the Secretary shall 
approve the prepayment of any indebtedness to the Secretary relating to 
any remaining principal and interest under the loan as part of a 
prepayment plan under which--
            (1) the project sponsor agrees to operate the project until 
        the maturity date of the original loan under terms at least as 
        advantageous to existing and future tenants as the terms 
        required by the original loan agreement or any project-based 
        rental assistance payments contract under section 8 of the 
        United States Housing Act of 1937 (or any other project-based 
        rental housing assistance programs of the Department of Housing 
        and Urban Development, including the rent supplement program 
        under section 101 of the Housing and Urban Development Act of 
        1965 (12 U.S.C. 1701s)) or any successor project-based rental 
        assistance program, except as provided by subsection (a)(2)(B); 
        and
            (2) the prepayment may involve refinancing of the loan if 
        such refinancing results--
                    (A) in a lower interest rate on the principal of 
                the loan for the project and in reductions in debt 
                service related to such loan; or
                    (B) in the case of a project that is assisted with 
                a loan under such section 202 carrying an interest rate 
                of 6 percent or lower, a transaction under which--
                            (i) the project owner shall address the 
                        physical needs of the project;
                            (ii) the prepayment plan for the 
                        transaction, including the refinancing, shall 
                        meet a cost benefit analysis, as established by 
                        the Secretary, that the benefit of the 
                        transaction outweighs the cost of the 
                        transaction including any increases in rent 
                        charged to unassisted tenants;
                            (iii) the overall cost for providing rental 
                        assistance under section 8 for the project (if 
                        any) is not increased, except, upon approval by 
                        the Secretary to--
                                    (I) mark-up-to-market contracts 
                                pursuant to section 524(a)(3) of the 
                                Multifamily Assisted Housing Reform and 
                                Affordability Act (42 U.S.C. 1437f 
                                note), as such section is carried out 
                                by the Secretary for properties owned 
                                by nonprofit organizations; or
                                    (II) mark-up-to-budget contracts 
                                pursuant to section 524(a)(4) of the 
                                Multifamily Assisted Housing Reform and 
                                Affordability Act (42 U.S.C. 1437f 
                                note), as such section is carried out 
                                by the Secretary for properties owned 
                                by eligible owners (as such term is 
                                defined in section 202(k) of the 
                                Housing Act of 1959 (12 U.S.C. 
                                1701q(k));
                            (iv) the project owner may charge tenants 
                        rent sufficient to meet debt service payments 
                        and operating cost requirements, as approved by 
                        the Secretary, if project-based rental 
                        assistance is not available or is insufficient 
                        for the debt service and operating cost of the 
                        project after refinancing. Such approval by the 
                        Secretary--
                                    (I) shall be the basis for the 
                                owner to agree to terminate the 
                                project-based rental assistance 
                                contract that is insufficient for the 
                                debt service and operating cost of the 
                                project after refinancing; and
                                    (II) shall be an eligibility event 
                                for the project for purposes of section 
                                8(t) of the United States Housing Act 
                                of 1937 (42 U.S.C. 1437f(t));
                            (v) units to be occupied by tenants 
                        assisted under section 8(t) of the United 
                        States Housing Act of 1937 (42 U.S.C. 1437f(t)) 
                        shall, upon termination of the occupancy of 
                        such tenants, become eligible for project-based 
                        assistance under section 8(o)(13) of the United 
                        States Housing Act of 1937 (42 U.S.C. 
                        1437f(o)(13)) without regard to the percentage 
                        limitations provided in such section; and
                            (vi) there shall be a use agreement of 20 
                        years from the date of the maturity date of the 
                        original 202 loan for all units, including 
                        units to be occupied by tenants assisted under 
                        section 8(t) of the United States Housing Act 
                        of 1937 (42 U.S.C. 1437f(t)).
    Sec. 228.  No property identified by the Secretary of Housing and 
Urban Development as surplus Federal property for use to assist the 
homeless shall be made available to any homeless group unless the group 
is a member in good standing under any of HUD's homeless assistance 
programs or is in good standing with any other program which receives 
funds from any other Federal or State agency or entity: Provided, That 
an exception may be made for an entity not involved with Federal 
homeless programs to use surplus Federal property for the homeless only 
after the Secretary or another responsible Federal agency has fully and 
comprehensively reviewed all relevant finances of the entity, the track 
record of the entity in assisting the homeless, the ability of the 
entity to manage the property, including all costs, the ability of the 
entity to administer homeless programs in a manner that is effective to 
meet the needs of the homeless population that is expected to use the 
property and any other related issues that demonstrate a commitment to 
assist the homeless: Provided further, That the Secretary shall not 
require the entity to have cash in hand in order to demonstrate 
financial ability but may rely on the entity's prior demonstrated 
fundraising ability or commitments for in-kind donations of goods and 
services: Provided further, That the Secretary shall make all such 
information and its decision regarding the award of the surplus 
property available to the committees of jurisdiction, including a full 
justification of the appropriateness of the use of the property to 
assist the homeless as well as the appropriateness of the group seeking 
to obtain the property to use such property to assist the homeless: 
Provided further, That, this section shall apply to properties in 
fiscal years 2010 and 2011 made available as surplus Federal property 
for use to assist the homeless.
    Sec. 229.  The Secretary of the Department of Housing and Urban 
Development is authorized to transfer up to 5 percent of funds 
appropriated for any account under this title under the heading 
``Personnel Compensation and Benefits'' to any other account under this 
title under the heading ``Personnel Compensation and Benefits'' only 
after such transfer has been submitted to, and received prior written 
approval by, the House and Senate Committees on Appropriations: 
Provided, That, no appropriation for any such account shall be 
increased or decreased by more than 10 percent by all such transfers.
    Sec. 230.  Notwithstanding any other provision of law, in 
determining the market value of any multifamily real property or 
multifamily loan for any noncompetitive sale to a State or local 
government, the Secretary shall in fiscal year 2011 consider, but not 
be limited to, industry standard appraisal practices, including the 
cost of repairs needed to bring the property into such condition as to 
satisfy minimum State and local code standards and the cost of 
maintaining the affordability restrictions imposed by the Secretary on 
the multifamily real property or multifamily loan.
    Sec. 231.  The Disaster Housing Assistance Programs, administered 
by the Department of Housing and Urban Development, shall be considered 
a ``program of the Department of Housing and Urban Development'' under 
section 904 of the McKinney Act for the purpose of income verifications 
and matching.
    Sec. 232.  Section 203(c)(2)(B) of the National Housing Act (12 
U.S.C. 1709(c)(2)(B)) is amended to read as follows: ``(B) In addition 
to the premium under subparagraph (A), the Secretary may establish and 
collect annual premium payments in an amount not exceeding 1.50 percent 
of the remaining insured principal balance (excluding the portion of 
the remaining balance attributable to the premium collected under 
subparagraph (A) and without taking into account delinquent payments or 
prepayments). The Secretary, by publication of a notice in the Federal 
Register, may establish or change the amount of the premium under 
subparagraph (A) or the annual premium, and the period of the mortgage 
term for which an annual premium amount shall apply.''.
    Sec. 233.  For an additional amount for the ``Administration, 
Operations and Management'' account, $2,070,635, to increase the 
Department's acquisition workforce capacity and capabilities: Provided, 
That such funds may be transferred by the Secretary to any other 
account in the Department to carry out the purposes provided herein: 
Provided further, That such transfer authority is in addition to any 
other transfer authority provided in this Act: Provided further, That 
such funds shall be available only to supplement and not to supplant 
existing acquisition workforce activities: Provided further, That such 
funds shall be available for training, recruitment, retention, and 
hiring additional members of the acquisition workforce as defined by 
the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 401 
et seq.): Provided further, That such funds shall be available for 
information technology in support of acquisition workforce 
effectiveness or for management solutions to improve acquisition 
management.
    Sec. 234.  The paragraphs under the heading ``Flexible Subsidy 
Fund'' in Public Law 108-447 and in Public Law 109-115 are repealed.
    Sec. 235. (a) Loan Limit Floor Based on 2008 Levels.--For mortgages 
for which the mortgagee issues credit approval for the borrower during 
fiscal year 2011, if the dollar amount limitation on the principal 
obligation of a mortgage determined under section 203(b)(2) of the 
National Housing Act (12 U.S.C. 1709(b)(2)) for any size residence for 
any area is less than such dollar amount limitation that was in effect 
for such size residence for such area for 2008 pursuant to section 202 
of the Economic Stimulus Act of 2008 (Public Law 110-185; 122 Stat. 
620), notwithstanding any other provision of law or of this joint 
resolution, the maximum dollar amount limitation on the principal 
obligation of a mortgage for such size residence for such area for 
purposes of such section 203(b)(2) shall be considered (except for 
purposes of section 255(g) of such Act (12 U.S.C.1715z-20(g))) to be 
such dollar amount limitation in effect for such size residence for 
such area for 2008.
    (b) Discretionary Authority for Sub-Areas.--Notwithstanding any 
other provision of law or of this joint resolution, if the Secretary of 
Housing and Urban Development determines, for any geographic area that 
is smaller than an area for which dollar amount limitations on the 
principal obligation of a mortgage are determined under section 
203(b)(2) of the National Housing Act, that a higher such maximum 
dollar amount limitation is warranted for any particular size or sizes 
of residences in such sub-area by higher median home prices in such 
sub-area, the Secretary may, for mortgages for which the mortgagee 
issues credit approval for the borrower during calendar year 2010, 
increase the maximum dollar amount limitation for such size or sizes of 
residences for such sub-area that is otherwise in effect (including 
pursuant to subsection (a) of this section), but in no case to an 
amount that exceeds the amount specified in section 202(a)(2) of the 
Economic Stimulus Act of 2008.
    Sec. 236. (a) Loan Limit Floor Based on 2008 Levels.--For mortgages 
originated during fiscal year 2011, if the limitation on the maximum 
original principal obligation of a mortgage that may be purchased by 
the Federal National Mortgage Association or the Federal Home Loan 
Mortgage Corporation determined under section 302(b)(2) of the Federal 
National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) or 
section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 
U.S.C.1754(a)(2)) respectively, for any size residence for any area is 
less than such maximum original principal obligation limitation that 
was in effect for such size residence for such area for 2008 pursuant 
to section 201 of the Economic Stimulus Act of 2008 (Public Law 110-
185; 122 Stat. 619), notwithstanding any other provision of law or of 
this joint resolution, the limitation on the maximum original principal 
obligation of a mortgage for such Association and Corporation for such 
size residence for such area shall be such maximum limitation in effect 
for such size residence for such area for 2008.
    (b) Discretionary Authority for Sub-Areas.--Notwithstanding any 
other provision of law or of this joint resolution, if the Director of 
the Federal Housing Finance Agency determines, for any geographic area 
that is smaller than an area for which limitations on the maximum 
original principal obligation of a mortgage are determined for the 
Federal National Mortgage Association or the Federal Home Loan Mortgage 
Corporation, that a higher such maximum original principal obligation 
limitation is warranted for any particular size or sizes of residences 
in such sub-area by higher median home prices in such sub-area, the 
Director may, for mortgages originated during calendar year 2010, 
increase the maximum original principal obligation limitation for such 
size or sizes of residences for such sub-area that is otherwise in 
effect (including pursuant to subsection (a) of this section) for such 
Association and Corporation, but in no case to an amount that exceeds 
the amount specified in the matter following the comma in section 
201(a)(l)(B) of the Economic Stimulus Act of 2008.
    Sec. 237.  Notwithstanding any other provision of this joint 
resolution, for mortgages for which the mortgagee issues credit 
approval for the borrower during fiscal year 2011, the second sentence 
of section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) 
shall be considered to require that in no case may the benefits of 
insurance under such section 255 exceed 150 percent of the maximum 
dollar amount in effect under the sixth sentence of section 305(a)(2) 
of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 
1454(a)(2)).
    Sec. 238.  None of the funds in this Act shall be available for 
salaries and expenses of more than 75 political and Presidential 
appointees in the Department of Housing and Urban Development: 
Provided, That none of the personnel covered by this provision may be 
assigned on temporary detail outside the Department of Housing and 
Urban Development.
    This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2011''.

                      TITLE III--RELATED AGENCIES

                              Access Board

                         salaries and expenses

    For expenses necessary for the Access Board, as authorized by 
section 502 of the Rehabilitation Act of 1973, as amended, $7,300,000: 
Provided, That, notwithstanding any other provision of law, there may 
be credited to this appropriation funds received for publications and 
training expenses.

                      Federal Maritime Commission

                         salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefore, as authorized by 
5 U.S.C. 5901-5902, $25,300,000: Provided, That not to exceed $2,000 
shall be available for official reception and representation expenses.

                National Railroad Passenger Corporation

                      office of inspector general

                         salaries and expenses

    For necessary expenses of the Office of Inspector General for the 
National Railroad Passenger Corporation to carry out the provisions of 
the Inspector General Act of 1978, as amended, $22,000,000: Provided, 
That the Inspector General shall have all necessary authority, in 
carrying out the duties specified in the Inspector General Act, as 
amended (5 U.S.C. App. 3), to investigate allegations of fraud, 
including false statements to the government (18 U.S.C. 1001), by any 
person or entity that is subject to regulation by the National Railroad 
Passenger Corporation: Provided further, That the Inspector General may 
enter into contracts and other arrangements for audits, studies, 
analyses, and other services with public agencies and with private 
persons, subject to the applicable laws and regulations that govern the 
obtaining of such services within the National Railroad Passenger 
Corporation: Provided further, That the Inspector General may select, 
appoint, and employ such officers and employees as may be necessary for 
carrying out the functions, powers, and duties of the Office of 
Inspector General, subject to the applicable laws and regulations that 
govern such selections, appointments, and employment within Amtrak: 
Provided further, That concurrent with the President's budget request 
for fiscal year 2012, the Inspector General shall submit to the House 
and Senate Committees on Appropriations a budget request for fiscal 
year 2012 in similar format and substance to those submitted by 
executive agencies of the Federal Government.

                  National Transportation Safety Board

                         salaries and expenses

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for a GS-15; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902) 
$104,232,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses: Provided, That the amounts made 
available to the National Transportation Safety Board in this Act 
include amounts necessary to make lease payments on an obligation 
incurred in fiscal year 2001 for a capital lease.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $137,000,000, of 
which $5,000,000 shall be for a multi-family rental housing program: 
Provided, That in addition, $35,000,000 shall be made available until 
expended for capital grants to rehabilitate or finance the 
rehabilitation of affordable housing units, including necessary 
administrative expenses: Provided further, That in addition, 
$113,000,000 shall be made available until expended to the Neighborhood 
Reinvestment Corporation for mortgage foreclosure mitigation 
activities, under the following terms and conditions:
            (1) The Neighborhood Reinvestment Corporation (``NRC''), 
        shall make grants to counseling intermediaries approved by the 
        Department of Housing and Urban Development (HUD) (with match 
        to be determined by the NRC based on affordability and the 
        economic conditions of an area; a match also may be waived by 
        the NRC based on the aforementioned conditions) to provide 
        mortgage foreclosure mitigation assistance primarily to States 
        and areas with high rates of defaults and foreclosures to help 
        eliminate the default and foreclosure of mortgages of owner-
        occupied single-family homes that are at risk of such 
        foreclosure. Other than areas with high rates of defaults and 
        foreclosures, grants may also be provided to approved 
        counseling intermediaries based on a geographic analysis of the 
        Nation by the NRC which determines where there is a prevalence 
        of mortgages that are risky and likely to fail, including any 
        trends for mortgages that are likely to default and face 
        foreclosure. A State Housing Finance Agency may also be 
        eligible where the State Housing Finance Agency meets all the 
        requirements under this paragraph. A HUD-approved counseling 
        intermediary shall meet certain mortgage foreclosure mitigation 
        assistance counseling requirements, as determined by the NRC, 
        and shall be approved by HUD or the NRC as meeting these 
        requirements.
            (2) Mortgage foreclosure mitigation assistance shall only 
        be made available to homeowners of owner-occupied homes with 
        mortgages in default or in danger of default. These mortgages 
        shall likely be subject to a foreclosure action and homeowners 
        will be provided such assistance that shall consist of 
        activities that are likely to prevent foreclosures and result 
        in the long-term affordability of the mortgage retained 
        pursuant to such activity or another positive outcome for the 
        homeowner. No funds made available under this paragraph may be 
        provided directly to lenders or homeowners to discharge 
        outstanding mortgage balances or for any other direct debt 
        reduction payments.
            (3) The use of Mortgage Foreclosure Mitigation Assistance 
        by approved counseling intermediaries and State Housing Finance 
        Agencies shall involve a reasonable analysis of the borrower's 
        financial situation, an evaluation of the current value of the 
        property that is subject to the mortgage, counseling regarding 
        the assumption of the mortgage by another non-Federal party, 
        counseling regarding the possible purchase of the mortgage by a 
        non-Federal third party, counseling and advice of all likely 
        restructuring and refinancing strategies or the approval of a 
        work-out strategy by all interested parties.
            (4) NRC may provide up to 15 percent of the total funds 
        under this paragraph to its own charter members with expertise 
        in foreclosure prevention counseling, subject to a 
        certification by the NRC that the procedures for selection do 
        not consist of any procedures or activities that could be 
        construed as an unacceptable conflict of interest or have the 
        appearance of impropriety.
            (5) HUD-approved counseling entities and State Housing 
        Finance Agencies receiving funds under this paragraph shall 
        have demonstrated experience in successfully working with 
        financial institutions as well as borrowers facing default, 
        delinquency and foreclosure as well as documented counseling 
        capacity, outreach capacity, past successful performance and 
        positive outcomes with documented counseling plans (including 
        post mortgage foreclosure mitigation counseling), loan workout 
        agreements and loan modification agreements. NRC may use other 
        criteria to demonstrate capacity in underserved areas.
            (6) Of the total amount made available under this 
        paragraph, up to $3,000,000 may be made available to build the 
        mortgage foreclosure and default mitigation counseling capacity 
        of counseling intermediaries through NRC training courses with 
        HUD-approved counseling intermediaries and their partners, 
        except that private financial institutions that participate in 
        NRC training shall pay market rates for such training.
            (7) Of the total amount made available under this 
        paragraph, up to 5 percent may be used for associated 
        administrative expenses for the NRC to carry out activities 
        provided under this section.
            (8) Mortgage foreclosure mitigation assistance grants may 
        include a budget for outreach and advertising, and training, as 
        determined by the NRC.
            (9) The NRC shall continue to report bi-annually to the 
        House and Senate Committees on Appropriations as well as the 
        Senate Banking Committee and House Financial Services Committee 
        on its efforts to mitigate mortgage default.

           United States Interagency Council on Homelessness

                           operating expenses

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms, and the employment of experts and consultants under section 3109 
of title 5, United States Code) of the United States Interagency 
Council on Homelessness in carrying out the functions pursuant to title 
II of the McKinney-Vento Homeless Assistance Act, as amended, 
$2,680,000.
    Section 209 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11319) is amended by striking the date specified in such section 
and inserting ``October 1, 2012''.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401.  Such sums as may be necessary for fiscal year 2010 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 402.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 403.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 404.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to section 
3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 405.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2010, or provided from any 
accounts in the Treasury derived by the collection of fees and 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any program, project, or activity 
for which funds have been denied or restricted by the Congress; (4) 
proposes to use funds directed for a specific activity by either the 
House or Senate Committees on Appropriations for a different purpose; 
(5) augments existing programs, projects, or activities in excess of 
$5,000,000 or 10 percent, whichever is less; (6) reduces existing 
programs, projects, or activities by $5,000,000 or 10 percent, 
whichever is less; or (7) creates, reorganizes, or restructures a 
branch, division, office, bureau, board, commission, agency, 
administration, or department different from the budget justifications 
submitted to the Committees on Appropriations or the table accompanying 
the explanatory statement accompanying this Act, whichever is more 
detailed, unless prior approval is received from the House and Senate 
Committees on Appropriations: Provided, That not later than 60 days 
after the date of enactment of this Act, each agency funded by this Act 
shall submit a report to the Committees on Appropriations of the Senate 
and of the House of Representatives to establish the baseline for 
application of reprogramming and transfer authorities for the current 
fiscal year: Provided further, That the report shall include: (1) a 
table for each appropriation with a separate column to display the 
President's budget request, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the fiscal year enacted 
level; (2) a delineation in the table for each appropriation both by 
object class and program, project, and activity as detailed in the 
budget appendix for the respective appropriation; and (3) an 
identification of items of special congressional interest: Provided 
further, That the amount appropriated or limited for salaries and 
expenses for an agency shall be reduced by $100,000 per day for each 
day after the required date that the report has not been submitted to 
the Congress.
    Sec. 406.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2011 from appropriations made available for salaries 
and expenses for fiscal year 2011 in this Act, shall remain available 
through September 30, 2012, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the House 
and Senate Committees on Appropriations for approval prior to the 
expenditure of such funds: Provided further, That these requests shall 
be made in compliance with reprogramming guidelines under section 405 
of this Act.
    Sec. 407.  All Federal agencies and departments that are funded 
under this Act shall issue a report to the House and Senate Committees 
on Appropriations on all sole source contracts by no later than July 
30, 2010. Such report shall include the contractor, the amount of the 
contract and the rationale for using a sole source contract.
    Sec. 408. (a) None of the funds made available in this Act may be 
obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 409.  No funds in this Act may be used to support any Federal, 
State, or local projects that seek to use the power of eminent domain, 
unless eminent domain is employed only for a public use: Provided, That 
for purposes of this section, public use shall not be construed to 
include economic development that primarily benefits private entities: 
Provided further, That any use of funds for mass transit, railroad, 
airport, seaport or highway projects as well as utility projects which 
benefit or serve the general public (including energy-related, 
communication-related, water-related and wastewater-related 
infrastructure), other structures designated for use by the general 
public or which have other common-carrier or public-utility functions 
that serve the general public and are subject to regulation and 
oversight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownsfield as defined 
in the Small Business Liability Relief and Brownsfield Revitalization 
Act (Public Law 107-118) shall be considered a public use for purposes 
of eminent domain.
    Sec. 410.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 411.  No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has 
within 90 days after his release from such service or from 
hospitalization continuing after discharge for a period of not more 
than 1 year, made application for restoration to his former position 
and has been certified by the Office of Personnel Management as still 
qualified to perform the duties of his former position and has not been 
restored thereto.
    Sec. 412.  No funds appropriated pursuant to this Act may be 
expended in contravention of sections 2 through 4 of the Act of March 
3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American 
Act'').
    Sec. 413.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 414.  None of the funds made available in this Act may be used 
for first-class airline accommodations in contravention of sections 
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
    Sec. 415.  None of the funds made available in this Act may be used 
to purchase a light bulb for an office building unless the light bulb 
has, to the extent practicable, an Energy Star or Federal Energy 
Management Program designation.
    Sec. 416.  None of the funds made available under this Act or any 
prior Act may be provided to the Association of Community Organizations 
for Reform Now (ACORN), or any of its affiliates, subsidiaries, or 
allied organizations.
    Sec. 417.  None of the funds provided in this Act for any program, 
project, or activity that is considered to be a congressional earmark 
for purposes of clause 9 of rule XXI of the Rules of the House of 
Representatives of the 111th Congress may be awarded to a for-profit 
entity.
    Sec. 418. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 419. (a) None of the funds appropriated or otherwise made 
available by this Act may be obligated by any covered executive agency 
in contravention of the certification requirement of section 6(b) of 
the Iran Sanctions Act of 1996, as included in the revisions to the 
Federal Acquisition Regulation pursuant to such section.
    This Act may be cited as the ``Transportation, Housing and Urban 
Development, and Related Agencies Appropriations Act, 2011''.
                                                 Union Calendar No. 324

111th CONGRESS

   2d Session

                               H. R. 5850

                          [Report No. 111-564]

_______________________________________________________________________

                                 A BILL

   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.

_______________________________________________________________________

                             July 26, 2010

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```