II 

Calendar No. 482 

111TH CONGRESS 

2D SESSION S. 3644 

[Report No. 111–230] 

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 SENATE OF THE UNITED STATES 

JULY 23, 2010 

Mrs. MURRAY, from the Committee on Appropriations reported, under authority of the order of the Senate of January 6, 2009, the following original 

bill; which was read twice and placed on the calendar 

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. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Transportation, and Housing and Urban 
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1 Development, and related agencies for the fiscal year end2 ing September 30, 2011, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF TRANSPORTATION 

5 OFFICE OF THE SECRETARY

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Secretary, 

8 $113,961,000, of which not to exceed $2,667,000 shall be 

9 available for the immediate Office of the Secretary; not 

10 to exceed $1,000,000 shall be available for the Immediate 

11 Office of the Deputy Secretary; not to exceed $20,211,000 

12 shall be available for the Office of the General Counsel; 

13 not to exceed $16,568,000 shall be available for the Office 

14 of the Under Secretary of Transportation for Policy; not 

15 to exceed $11,216,000 shall be available for the Office of 

16 the Assistant Secretary for Budget and Programs; not to 

17 exceed $2,200,000 shall be available for the Office of the 

18 Assistant Secretary for Governmental Affairs; not to ex19 ceed $25,695,000 shall be available for the Office of the 

20 Assistant Secretary for Administration; not to exceed 

21 $1,800,000 shall be available for the Office of Public Af22 fairs; not to exceed $1,683,000 shall be available for the 

23 Office of the Executive Secretariat; not to exceed 

24 $1,513,000 shall be available for the Office of Small and 

25 Disadvantaged Business Utilization; not to exceed 
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1 $10,999,000 for the Office of Intelligence, Security, and 

2 Emergency Response; and not to exceed $18,409,000 shall 

3 be available for the Office of the Chief Information Offi4 cer: Provided, That the Secretary of Transportation is au5 thorized to transfer funds appropriated for any office of 

6 the Office of the Secretary to any other office of the Office 

7 of the Secretary: Provided further, That no appropriation 

8 for any office shall be increased or decreased by more than 

9 5 percent by all such transfers: Provided further, That no10 tice of any change in funding greater than 5 percent shall 

11 be submitted for approval to the House and Senate Com12 mittees on Appropriations: Provided further, That not to 

13 exceed $60,000 shall be for allocation within the Depart14 ment for official reception and representation expenses as 

15 the Secretary may determine: Provided further, That not16 withstanding any other provision of law, excluding fees au17 thorized in Public Law 107–71, there may be credited to 

18 this appropriation up to $2,500,000 in funds received in 

19 user fees: Provided further, That none of the funds pro20 vided in this Act shall be available for the position of As21 sistant Secretary for Public Affairs. 

22 TRANSPORTATION INVESTMENT GRANTS

23 For capital investments in surface transportation in24 frastructure, $800,000,000, to remain available through 

25 September 30, 2012: Provided, That the Secretary of 
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1 Transportation shall distribute funds provided under this 

2 heading as discretionary grants to be awarded to a State, 

3 local government, transit agency, or a collaboration among 

4 such entities on a competitive basis for projects that will 

5 have a significant impact on the Nation, a metropolitan 

6 area, or a region: Provided further, That projects eligible 

7 for funding provided under this heading shall include, but 

8 not be limited to, highway or bridge projects eligible under 

9 title 23, United States Code; public transportation 

10 projects eligible under chapter 53 of title 49, United 

11 States Code; passenger and freight rail transportation 

12 projects; and port infrastructure investments: Provided 

13 further, That in distributing funds provided under this 

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

15 ensure an equitable geographic distribution of funds, an 

16 appropriate balance in addressing the needs of urban and 

17 rural areas, and the investment in a variety of transpor18 tation modes: Provided further, That a grant funded under 

19 this heading shall be not less than $10,000,000 and not 

20 greater than $200,000,000: Provided further, That not 

21 more than 25 percent of the funds made available under 

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

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

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

25 at the option of the recipient, up to 80 percent: Provided 
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1 further, That the Secretary shall give priority to projects 

2 that require a contribution of Federal funds in order to 

3 complete an overall financing package: Provided further, 

4 That not less than $140,000,000 of the funds provided 

5 under this heading shall be for projects located in rural 

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

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

8 the Secretary may increase the Federal share of costs 

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

10 made available under this heading, the Secretary may use 

11 an amount not to exceed $150,000,000 for the purpose 

12 of paying the subsidy and administrative costs of projects 

13 eligible for Federal credit assistance under chapter 6 of 

14 title 23, United States Code, if the Secretary finds that 

15 such use of the funds would advance the purposes of this 

16 paragraph: Provided further, That projects conducted 

17 using funds provided under this heading must comply with 

18 the requirements of subchapter IV of chapter 31 of title 

19 40, United States Code: Provided further, That the Sec20 retary shall publish criteria on which to base the competi21 tion for any grants awarded under this heading no sooner 

22 than 60 days after enactment of this Act, require applica23 tions for funding provided under this heading to be sub24 mitted no sooner than 120 days after the publication of 

25 such criteria, and announce all projects selected to be 
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1 funded from funds provided under this heading no sooner 

2 than September 15, 2010: Provided further, That the Sec3 retary may retain up to $25,000,000 of the funds provided 

4 under this heading, and may transfer portions of those 

5 funds to the Administrators of the Federal Highway Ad6 ministration, the Federal Transit Administration, the 

7 Federal Railroad Administration and the Federal Mari8 time Administration, to fund the award and oversight of 

9 grants made under this heading. 

10 FINANCIAL MANAGEMENT CAPITAL

11 For necessary expenses for upgrading and enhancing 

12 the Department of Transportation’s financial systems and 

13 re-engineering business processes, $21,000,000, to remain 

14 available through September 30, 2014. 

15 CYBER SECURITY INITIATIVES

16 For necessary one-time expenses for cyber security 

17 initiatives, including improvement of network perimeter 

18 controls and identity management, testing and assessment 

19 of information technology against business, security, and 

20 other requirements, implementation of Federal cyber secu21 rity initiatives and information infrastructure enhance22 ments, implementation of enhanced security controls on 

23 network devices, and enhancement of cyber security work24 force training tools, $30,000,000, to remain available 

25 through September 30, 2014. 
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1 OFFICE OF CIVIL RIGHTS

2 For necessary expenses of the Office of Civil Rights, 

3 $9,767,000. 

4 TRANSPORTATION PLANNING, RESEARCH, AND

5 DEVELOPMENT

6 For necessary expenses for conducting transportation 

7 planning, research, systems development, development ac8 tivities, and making grants, to remain available until ex9 pended, $9,819,000. 

10 WORKING CAPITAL FUND

11 For necessary expenses for operating costs and cap12 ital outlays of the Working Capital Fund, not to exceed 

13 $147,596,000, shall be paid from appropriations made 

14 available to the Department of Transportation: Provided, 

15 That such services shall be provided on a competitive basis 

16 to entities within the Department of Transportation: Pro17 vided further, That the above limitation on operating ex18 penses shall not apply to non-DOT entities: Provided fur19 ther, That no funds appropriated in this Act to an agency 

20 of the Department shall be transferred to the Working 

21 Capital Fund without the approval of the agency modal 

22 administrator: Provided further, That no assessments may 

23 be levied against any program, budget activity, subactivity 

24 or project funded by this Act unless notice of such assess25 ments and the basis therefor are presented to the House 
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1 and Senate Committees on Appropriations and are ap2 proved by such Committees. 

3 MINORITY BUSINESS RESOURCE CENTER PROGRAM

4 For the cost of guaranteed loans, $329,000, as au5 thorized by 49 U.S.C. 332: Provided, That such costs, in6 cluding the cost of modifying such loans, shall be as de7 fined in section 502 of the Congressional Budget Act of 

8 1974: Provided further, That these funds are available to 

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

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

11 administrative expenses to carry out the guaranteed loan 

12 program, $584,000. 

13 MINORITY BUSINESS OUTREACH

14 For necessary expenses of Minority Business Re15 source Center outreach activities, $3,395,000, to remain 

16 available until September 30, 2012: Provided, That not17 withstanding 49 U.S.C. 332, these funds may be used for 

18 business opportunities related to any mode of transpor19 tation. 

20 PAYMENTS TO AIR CARRIERS

21 (AIRPORT AND AIRWAY TRUST FUND)

22 (INCLUDING TRANSFER OF FUNDS)

23 In addition to funds made available from any other 

24 source to carry out the essential air service program under 

25 49 U.S.C. 41731 through 41742, $146,000,000, to be de-
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1 rived from the Airport and Airway Trust Fund, to remain 

2 available until expended: Provided, That, in determining 

3 between or among carriers competing to provide service 

4 to a community, the Secretary may consider the relative 

5 subsidy requirements of the carriers: Provided further, 

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

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

8 current fiscal year, the Secretary shall transfer such sums 

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

10 program from any available amounts appropriated to or 

11 directly administered by the Office of the Secretary for 

12 such fiscal year. 

13 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

14 SECRETARY OF TRANSPORTATION

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

16 Act to the Department of Transportation may be obligated 

17 for the Office of the Secretary of Transportation to ap18 prove assessments or reimbursable agreements pertaining 

19 to funds appropriated to the modal administrations in this 

20 Act, except for activities underway on the date of enact21 ment of this Act, unless such assessments or agreements 

22 have completed the normal reprogramming process for 

23 Congressional notification. 

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

25 this Act may be obligated or expended to establish or im-
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1 plement a program under which essential air service com2 munities are required to assume subsidy costs commonly 

3 referred to as the EAS local participation program. 

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

5 in activities with States and State legislators to consider 

6 proposals related to the reduction of motorcycle fatalities. 

7 FEDERAL AVIATION ADMINISTRATION

8 OPERATIONS

9 (AIRPORT AND AIRWAY TRUST FUND)

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses of the Federal Aviation Ad12 ministration, not otherwise provided for, including oper13 ations and research activities related to commercial space 

14 transportation, administrative expenses for research and 

15 development, establishment of air navigation facilities, the 

16 operation (including leasing) and maintenance of aircraft, 

17 subsidizing the cost of aeronautical charts and maps sold 

18 to the public, lease or purchase of passenger motor vehi19 cles for replacement only, in addition to amounts made 

20 available by Public Law 108–176, $9,818,000,000, of 

21 which $4,000,000,000 shall be derived from the Airport 

22 and Airway Trust Fund, of which not to exceed 

23 $7,660,628,000 shall be available for air traffic organiza24 tion activities; not to exceed $1,308,986,000 shall be avail25 able for aviation safety activities; not to exceed 
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1 $15,747,000 shall be available for commercial space trans2 portation activities; not to exceed $114,784,000 shall be 

3 available for financial services activities; not to exceed 

4 $103,297,000 shall be available for human resources pro5 gram activities; not to exceed $366,354,000 shall be avail6 able for region and center operations and regional coordi7 nation activities; not to exceed $212,255,000 shall be 

8 available for staff offices; and not to exceed $55,949,000 

9 shall be available for information services: Provided, That 

10 the Secretary utilize not less than $15,000,000 of the 

11 funds provided for aviation safety activities to pay for staff 

12 increases in the Office of Aviation Flight Standards and 

13 the Office of Aircraft Certification: Provided further, That 

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

15 the aviation flight standards and aircraft certification of16 fices shall be used for other purposes: Provided further, 

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

18 for aviation safety budget activity, may be transferred to 

19 any budget activity under this heading: Provided further, 

20 That no transfer may increase or decrease any appropria21 tion by more than 2 percent: Provided further, That any 

22 transfer in excess of 2 percent shall be treated as a re23 programming of funds under section 405 of this Act and 

24 shall not be available for obligation or expenditure except 

25 in compliance with the procedures set forth in that section: 
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1 Provided further, That the Administrator shall develop an 

2 objective, data-driven test to be used in the placement of 

3 air traffic controllers after the successful completion of 

4 their training at the Federal Aviation Administration 

5 Academy: Provided further, That the Administrator shall 

6 submit for approval to the House and Senate Committees 

7 on Appropriations a plan for developing a test under the 

8 previous proviso, and that such plan shall include a sched9 ule of milestones, an estimated cost to complete, and in10 terim reports to the House and Senate Committee on Ap11 propriations: Provided further, That not later than March 

12 31 of each fiscal year hereafter, the Administrator of the 

13 Federal Aviation Administration shall transmit to Con14 gress an annual update to the report submitted to Con15 gress in December 2004 pursuant to section 221 of Public 

16 Law 108–176: Provided further, That the amount herein 

17 appropriated shall be reduced by $100,000 for each day 

18 after March 31 that such report has not been submitted 

19 to the Congress: Provided further, That not later than 

20 March 31 of each fiscal year hereafter, the Administrator 

21 shall transmit to Congress a companion report that de22 scribes a comprehensive strategy for staffing, hiring, and 

23 training flight standards and aircraft certification staff in 

24 a format similar to the one utilized for the controller staff25 ing plan, including stated attrition estimates and numer-
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1 ical hiring goals by fiscal year, and a benchmark for as2 sessing the amount of time aviation inspectors spend di3 rectly observing industry field operations: Provided fur4 ther, That the amount herein appropriated shall be re5 duced by $100,000 per day for each day after March 31 

6 that such report has not been submitted to Congress: Pro7 vided further, That funds may be used to enter into a 

8 grant agreement with a nonprofit standard-setting organi9 zation to assist in the development of aviation safety 

10 standards: Provided further, That none of the funds in this 

11 Act shall be available for new applicants for the second 

12 career training program: Provided further, That none of 

13 the funds in this Act shall be available for the Federal 

14 Aviation Administration to finalize or implement any regu15 lation that would promulgate new aviation user fees not 

16 specifically authorized by law after the date of the enact17 ment of this Act: Provided further, That there may be 

18 credited to this appropriation as offsetting collections 

19 funds received from States, counties, municipalities, for20 eign authorities, other public authorities, and private 

21 sources for expenses incurred in the provision of agency 

22 services, including receipts for the maintenance and oper23 ation of air navigation facilities, and for issuance, renewal 

24 or modification of certificates, including airman, aircraft, 

25 and repair station certificates, or for tests related thereto, 
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1 or for processing major repair or alteration forms: Pro2 vided further, That of the funds appropriated under this 

3 heading, not less than $9,500,000 shall be for the contract 

4 tower cost-sharing program: Provided further, That none 

5 of the funds in this Act for aeronautical charting and car6 tography are available for activities conducted by, or co7 ordinated through, the Working Capital Fund. 

8 FACILITIES AND EQUIPMENT

9 (AIRPORT AND AIRWAY TRUST FUND)

10 For necessary expenses, not otherwise provided for, 

11 for acquisition, establishment, technical support services, 

12 improvement by contract or purchase, and hire of national 

13 airspace systems and experimental facilities and equip14 ment, as authorized under part A of subtitle VII of title 

15 49, United States Code, including initial acquisition of 

16 necessary sites by lease or grant; engineering and service 

17 testing, including construction of test facilities and acqui18 sition of necessary sites by lease or grant; construction 

19 and furnishing of quarters and related accommodations 

20 for officers and employees of the Federal Aviation Admin21 istration stationed at remote localities where such accom22 modations are not available; and the purchase, lease, or 

23 transfer of aircraft from funds available under this head24 ing, including aircraft for aviation regulation and certifi25 cation; to be derived from the Airport and Airway Trust 
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1 Fund, $2,970,000,000, of which $2,483,000,000 shall re2 main available until September 30, 2013, and of which 

3 $487,000,000 shall remain available until September 30, 

4 2011: Provided, That there may be credited to this appro5 priation funds received from States, counties, municipali6 ties, other public authorities, and private sources, for ex7 penses incurred in the establishment, improvement, and 

8 modernization of national airspace systems: Provided fur9 ther, That upon initial submission to the Congress of the 

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

11 Transportation shall transmit to the Congress a com12 prehensive capital investment plan for the Federal Avia13 tion Administration which includes funding for each budg14 et line item for fiscal years 2012 through 2016, with total 

15 funding for each year of the plan constrained to the fund16 ing targets for those years as estimated and approved by 

17 the Office of Management and Budget. 

18 RESEARCH, ENGINEERING, AND DEVELOPMENT

19 (AIRPORT AND AIRWAY TRUST FUND)

20 For necessary expenses, not otherwise provided for, 

21 for research, engineering, and development, as authorized 

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

23 Code, including construction of experimental facilities and 

24 acquisition of necessary sites by lease or grant, 

25 $198,750,000, to be derived from the Airport and Airway 
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1 Trust Fund and to remain available until September 30, 

2 2013: Provided, That there may be credited to this appro3 priation as offsetting collections, funds received from 

4 States, counties, municipalities, other public authorities, 

5 and private sources, which shall be available for expenses 

6 incurred for research, engineering, and development. 

7 GRANTS-IN-AID FOR AIRPORTS

8 (LIQUIDATION OF CONTRACT AUTHORIZATION)

9 (LIMITATION ON OBLIGATIONS)

10 (AIRPORT AND AIRWAY TRUST FUND)

11 (INCLUDING TRANSFER OF FUNDS)

12 For liquidation of obligations incurred for grants-in13 aid for airport planning and development, and noise com14 patibility planning and programs as authorized under sub15 chapter I of chapter 471 and subchapter I of chapter 475 

16 of title 49, United States Code, and under other law au17 thorizing such obligations; for procurement, installation, 

18 and commissioning of runway incursion prevention devices 

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

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

21 for inspection activities and administration of airport safe22 ty programs, including those related to airport operating 

23 certificates under section 44706 of title 49, United States 

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

25 Airway Trust Fund and to remain available until ex-
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1 pended: Provided, That none of the funds under this head2 ing shall be available for the planning or execution of pro3 grams the obligations for which are in excess of 

4 $3,515,000,000 in fiscal year 2011, notwithstanding sec5 tion 47117(g) of title 49, United States Code: Provided 

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

7 be available for the replacement of baggage conveyor sys8 tems, reconfiguration of terminal baggage areas, or other 

9 airport improvements that are necessary to install bulk ex10 plosive detection systems: Provided further, That notwith11 standing any other provision of law, of funds limited under 

12 this heading, not more than $99,708,000 shall be obli13 gated for administration, not less than $15,000,000 shall 

14 be available for the airport cooperative research program, 

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

16 Research and $6,000,000, to remain available until ex17 pended, shall be available and transferred to ‘‘Office of 

18 the Secretary, Salaries and Expenses’’ to carry out the 

19 Small Community Air Service Development Program. 

20 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

21 ADMINISTRATION

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

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

24 the federally funded research and development center con25 tract between the Federal Aviation Administration and the 
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1 Center for Advanced Aviation Systems Development dur2 ing fiscal year 2011. 

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

4 to pursue or adopt guidelines or regulations requiring air5 port sponsors to provide to the Federal Aviation Adminis6 tration without cost building construction, maintenance, 

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

8 buildings for services relating to air traffic control, air 

9 navigation, or weather reporting: Provided, That the pro10 hibition of funds in this section does not apply to negotia11 tions between the agency and airport sponsors to achieve 

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

13 grant assurances that require airport sponsors to provide 

14 land without cost to the FAA for air traffic control facili15 ties. 

16 SEC. 112. The Administrator of the Federal Aviation 

17 Administration may reimburse amounts made available to 

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

19 49 U.S.C. 45303: Provided, That during fiscal year 2010, 

20 49 U.S.C. 41742(b) shall not apply, and any amount re21 maining in such account at the close of that fiscal year 

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

23 the subsequent fiscal year. 

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

25 of title 49, United States Code, shall be credited to the 
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1 appropriation current at the time of collection, to be 

2 merged with and available for the same purposes of such 

3 appropriation. 

4 SEC. 114. None of the funds limited by this Act for 

5 grants under the Airport Improvement Program shall be 

6 made available to the sponsor of a commercial service air7 port if such sponsor fails to agree to a request from the 

8 Secretary of Transportation for cost-free space in a non9 revenue producing, public use area of the airport terminal 

10 or other airport facilities for the purpose of carrying out 

11 a public service air passenger rights and consumer out12 reach campaign. 

13 SEC. 115. None of the funds in this Act shall be avail14 able for paying premium pay under subsection 5546(a) of 

15 title 5, United States Code, to any Federal Aviation Ad16 ministration employee unless such employee actually per17 formed work during the time corresponding to such pre18 mium pay. 

19 SEC. 116. None of the funds in this Act may be obli20 gated or expended for an employee of the Federal Aviation 

21 Administration to purchase a store gift card or gift certifi22 cate through use of a Government-issued credit card. 

23 SEC. 117. The Secretary shall apportion to the spon24 sor of an airport that received scheduled or unscheduled 

25 air service from a large certified air carrier (as defined 
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1 in part 241 of title 14 Code of Federal Regulations, or 

2 such other regulations as may be issued by the Secretary 

3 under the authority of section 41709) an amount equal 

4 to the minimum apportionment specified in 49 U.S.C. 

5 47114(c), if the Secretary determines that airport had 

6 more than 10,000 passenger boardings in the preceding 

7 calendar year, based on data submitted to the Secretary 

8 under part 241 of title 14, Code of Federal Regulations. 

9 SEC. 118. None of the funds in this Act may be obli10 gated or expended for retention bonuses for an employee 

11 of the Federal Aviation Administration without the prior 

12 written approval of the Deputy Assistant Secretary for 

13 Administration of the Department of Transportation. 

14 SEC. 119. Subparagraph (D) of section 47124(b)(3) 

15 of title 49, United States Code, is amended by striking 

16 ‘‘benefit.’’ and inserting ‘‘benefit, with the maximum al17 lowable local cost share capped at 20 percent.’’. 

18 FEDERAL HIGHWAY ADMINISTRATION

19 LIMITATION ON ADMINISTRATIVE EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 Not to exceed $417,843,000, together with advances 

22 and reimbursements received by the Federal Highway Ad23 ministration, shall be paid in accordance with law from 

24 appropriations made available by this Act to the Federal 

25 Highway Administration for necessary expenses for ad-
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1 ministration and operation. In addition, not to exceed 

2 $3,300,000 shall be paid from appropriations made avail3 able by this Act and transferred to the Appalachian Re4 gional Commission in accordance with section 104 of title 

5 23, United States Code. 

6 FEDERAL-AID HIGHWAYS

7 (LIMITATION ON OBLIGATIONS)

8 (HIGHWAY TRUST FUND)

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

10 the implementation or execution of programs, the obliga11 tions for which are in excess of $41,776,000,000 for Fed12 eral-aid highways and highway safety construction pro13 grams for fiscal year 2011: Provided, That within the 

14 $41,776,000,000 obligation limitation on Federal-aid 

15 highways and highway safety construction programs, not 

16 more than $429,800,000 shall be available for the imple17 mentation or execution of programs for transportation re18 search (chapter 5 of title 23, United States Code; sections 

19 111, 5505, and 5506 of title 49, United States Code; and 

20 title 5 of Public Law 109–59) for fiscal year 2011: Pro21 vided further, That this limitation on transportation re22 search programs shall not apply to any authority pre23 viously made available for obligation: Provided further, 

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

25 of title 23, United States Code, collect and spend fees to 
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1 cover the costs of services of expert firms, including coun2 sel, in the field of municipal and project finance to assist 

3 in the underwriting and servicing of Federal credit instru4 ments and all or a portion of the costs to the Federal Gov5 ernment of servicing such credit instruments: Provided 

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

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

8 in addition to administrative expenses that are also avail9 able for such purpose, and are not subject to any obliga10 tion limitation or the limitation on administrative expenses 

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

12 (LIQUIDATION OF CONTRACT AUTHORIZATION)

13 For carrying out the provisions of title 23, United 

14 States Code, that are attributable to Federal-aid high15 ways, not otherwise provided, including reimbursement for 

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

17 308, $42,515,000,000 or so much thereof as may be avail18 able in and derived from the Highway Trust Fund (other 

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

20 expended. 

21 (RESCISSION OF UNOBLIGATED BALANCES)

22 (HIGHWAY TRUST FUND)

23 Of the unobligated balances of funds made available 

24 for obligation under 23 U.S.C. 320, section 147 of Public 

25 Law 95–599, section 9(c) of Public Law 97–134, section 
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1 149 of Public Law 100–17, and sections 1006, 1069, 

2 1103, 1104, 1105, 1106, 1107, 1108, 6005, 6015, and 

3 6023 of Public Law 102–240, $263,130,663 are hereby 

4 cancelled. 

5 PLANNING CAPACITY GRANTS

6 For activities eligible under sections 134 and 135 of 

7 title 23, United States Code, and sections 5303 and 5304 

8 of title 49 of such Code, $200,000,000, to remain available 

9 through September 30, 2012: Provided, That the Sec10 retary of Transportation shall distribute funds provided 

11 under this heading as discretionary grants to be awarded 

12 to a metropolitan planning organization, or to a State, 

13 local, tribal government, or agency thereof, on a competi14 tive basis for activities that will improve surface transpor15 tation planning: Provided further, That not less than 

16 $50,000,000 of the funds provided under this heading 

17 shall be for grants that improve planning for rural areas: 

18 Provided further, That up to $12,000,000 of the funds 

19 provided under this heading may be for grants that im20 prove public involvement in surface transportation plan21 ning: Provided further, That a grant funded under this 

22 heading shall be not greater than $5,000,000: Provided 

23 further, That the Federal share of the costs for which an 

24 expenditure is made under this heading shall be 80 per25 cent: Provided further, That the Secretary may retain up 
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1 to 1 percent of the funds provided under this section to 

2 fund the award and oversight of grants made under this 

3 heading: Provided further, That of the funds retained 

4 under the previous proviso, 50 percent shall be transferred 

5 to the Federal Highway Administration and 50 percent 

6 shall be transferred to the Federal Transit Administra7 tion. 

8 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

9 ADMINISTRATION

10 SEC. 120. (a) For fiscal year 2010, the Secretary of 

11 Transportation shall— 

12 (1) not distribute from the obligation limitation 

13 for Federal-aid highways amounts authorized for ad14 ministrative expenses and programs by section 

15 104(a) of title 23, United States Code; programs 

16 funded from the administrative takedown authorized 

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

18 (as in effect on the date before the date of enact19 ment of the Safe, Accountable, Flexible, Efficient 

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

21 highway use tax evasion program; and the Bureau of 

22 Transportation Statistics; 

23 (2) not distribute from the obligation limitation 

24 for Federal-aid highways amounts authorized for ad25 ministrative expenses and programs by section 
25 

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1 104(a) of title 23, United States Code; programs 

2 funded from the administrative takedown authorized 

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

4 (as in effect on the date before the date of enact5 ment of the Safe, Accountable, Flexible, Efficient 

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

7 highway use tax evasion program; and the Bureau of 

8 Transportation Statistics; 

9 (3) determine the ratio that— 

10 (A) the obligation limitation for Federal11 aid highways, less the aggregate of amounts not 

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

13 to 

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

15 appropriated for Federal-aid highways and 

16 highway safety construction programs (other 

17 than sums authorized to be appropriated for 

18 provisions of law described in paragraphs (1) 

19 through (9) of subsection (b) and sums author20 ized to be appropriated for section 105 of title 

21 23, United States Code, equal to the amount 

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

23 year), less the aggregate of the amounts not 

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

25 this subsection; 
26 

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

2 Federal-aid highways, less the aggregate amounts 

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

4 sections 1301, 1302, and 1934 of the Safe, Account5 able, Flexible, Efficient Transportation Equity Act: 

6 A Legacy for Users; sections 117 (but individually 

7 for each project numbered 1 through 3676 listed in 

8 the table contained in section 1702 of the Safe, Ac9 countable, Flexible, Efficient Transportation Equity 

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

11 23, United States Code; and section 14501 of title 

12 40, United States Code, so that the amount of obli13 gation authority available for each of such sections 

14 is equal to the amount determined by multiplying 

15 the ratio determined under paragraph (3) by the 

16 sums authorized to be appropriated for that section 

17 for the fiscal year; and 

18 (B) distribute $2,000,000,000 for section 105 

19 of title 23, United States Code; 

20 (5) distribute the obligation limitation provided 

21 for Federal-aid highways, less the aggregate 

22 amounts not distributed under paragraphs (1) and 

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

24 for each of the programs that are allocated by the 

25 Secretary under the Safe, Accountable, Flexible, Ef-
27 

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1 ficient Transportation Equity Act: A Legacy for 

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

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

4 by multiplying the ratio determined under paragraph 

5 (3) by the amounts authorized to be appropriated 

6 for each such program for such fiscal year; and 

7 (6) distribute the obligation limitation provided 

8 for Federal-aid highways, less the aggregate 

9 amounts not distributed under paragraphs (1) and 

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

11 and (5), for Federal-aid highways and highway safe12 ty construction programs (other than the amounts 

13 apportioned for the equity bonus program, but only 

14 to the extent that the amounts apportioned for the 

15 equity bonus program for the fiscal year are greater 

16 than $2,639,000,000, and the Appalachian develop17 ment highway system program) that are apportioned 

18 by the Secretary under the Safe, Accountable, Flexi19 ble, Efficient Transportation Equity Act: A Legacy 

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

21 ratio that— 

22 (A) amounts authorized to be appropriated 

23 for such programs that are apportioned to each 

24 State for such fiscal year, bear to 
28 

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1 (B) the total of the amounts authorized to 

2 be appropriated for such programs that are ap3 portioned to all States for such fiscal year. 

4 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

5 The obligation limitation for Federal-aid highways shall 

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

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

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

9 9 of the Federal-Aid Highway Act of 1981; (4) under sub10 sections (b) and (j) of section 131 of the Surface Trans11 portation Assistance Act of 1982; (5) under subsections 

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

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

14 sections 1103 through 1108 of the Intermodal Surface 

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

16 157 of title 23, United States Code, as in effect on the 

17 day before the date of the enactment of the Transpor18 tation Equity Act for the 21st Century; (8) under section 

19 105 of title 23, United States Code, as in effect for fiscal 

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

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

22 Federal-aid highway programs for which obligation au23 thority was made available under the Transportation Eq24 uity Act for the 21st Century or subsequent public laws 

25 for multiple years or to remain available until used, but 
29 

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1 only to the extent that the obligation authority has not 

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

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

4 $639,000,000 for each of fiscal years 2005 through 2010; 

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

6 Flexible, Efficient Transportation Equity Act: A Legacy 

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

8 with that section were not subject to a limitation on obli9 gations at the time at which the funds were initially made 

10 available for obligation. 

11 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU12 THORITY.—Notwithstanding subsection (a), the Secretary 

13 shall, after August 1 of such fiscal year, revise a distribu14 tion of the obligation limitation made available under sub15 section (a) if the amount distributed cannot be obligated 

16 during that fiscal year and redistribute sufficient amounts 

17 to those States able to obligate amounts in addition to 

18 those previously distributed during that fiscal year, giving 

19 priority to those States having large unobligated balances 

20 of funds apportioned under sections 104 and 144 of title 

21 23, United States Code. 

22 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

23 TRANSPORTATION RESEARCH PROGRAMS.—The obliga24 tion limitation shall apply to transportation research pro25 grams carried out under chapter 5 of title 23, United 
30 

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1 States Code, and title V (research title) of the Safe, Ac2 countable, Flexible, Efficient Transportation Equity Act: 

3 A Legacy for Users, except that obligation authority made 

4 available for such programs under such limitation shall re5 main available for a period of 3 fiscal years and shall be 

6 in addition to the amount of any limitation imposed on 

7 obligations for Federal-aid highway and highway safety 

8 construction programs for future fiscal years. 

9 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

10 FUNDS.— 

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

12 the date of the distribution of obligation limitation 

13 under subsection (a), the Secretary shall distribute 

14 to the States any funds that 

15 (A) are authorized to be appropriated for 

16 such fiscal year for Federal-aid highways pro17 grams; and 

18 (B) the Secretary determines will not be 

19 allocated to the States, and will not be available 

20 for obligation, in such fiscal year due to the im21 position of any obligation limitation for such 

22 fiscal year. 

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

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

25 of obligation authority under subsection (a)(6). 
31 

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1 (3) AVAILABILITY.—Funds distributed under 

2 paragraph (1) shall be available for any purposes de3 scribed in section 133(b) of title 23, United States 

4 Code. 

5 (f) SPECIAL LIMITATION CHARACTERISTICS.—Obli6 gation limitation distributed for a fiscal year under sub7 section (a)(4) for the provision specified in subsection 

8 (a)(4) shall— 

9 (1) remain available until used for obligation of 

10 funds for that provision; and 

11 (2) be in addition to the amount of any limita12 tion imposed on obligations for Federal-aid highway 

13 and highway safety construction programs for future 

14 fiscal years. 

15 (g) HIGH-PRIORITY PROJECT FLEXIBILITY.— 

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

17 obligation authority distributed for such fiscal year 

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

19 through 3676 listed in the table contained in section 

20 1702 of the Safe, Accountable, Flexible, Efficient 

21 Transportation Equity Act: A Legacy for Users may 

22 be obligated for any other project in such section in 

23 the same State. 

24 (2) RESTORATION.—Obligation authority used 

25 as described in paragraph (1) shall be restored to 
32 

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1 the original purpose on the date on which obligation 

2 authority is distributed under this section for the 

3 next fiscal year following obligation under paragraph 

4 (1). 

5 (h) LIMITATION ON STATUTORY CONSTRUCTION.— 

6 Nothing in this section shall be construed to limit the dis7 tribution of obligation authority under subsection 

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

9 greater than 3676 listed in the table contained in section 

10 1702 of the Safe, Accountable, Flexible, Efficient Trans11 portation Equity Act: A Legacy for Users. 

12 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re13 ceived by the Bureau of Transportation Statistics from the 

14 sale of data products, for necessary expenses incurred pur15 suant to 49 U.S.C. 111 may be credited to the Federal16 aid highways account for the purpose of reimbursing the 

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

18 be subject to the obligation limitation for Federal-aid 

19 highways and highway safety construction. 

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

21 under his statutory authority, any Buy America require22 ment for Federal-aid highway projects, the Secretary of 

23 Transportation shall make an informal public notice and 

24 comment opportunity on the intent to issue such waiver 

25 and the reasons therefor: Provided, That the Secretary 
33 

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1 shall provide an annual report to the Appropriations Com2 mittees of the Congress on any waivers granted under the 

3 Buy America requirements. 

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

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

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

7 or otherwise authorize the imposition of any toll on any 

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

9 the State of Texas that— 

10 (1) as of the date of enactment of this Act, is 

11 not tolled; 

12 (2) is constructed with Federal assistance pro13 vided under title 23, United States Code; and 

14 (3) is in actual operation as of the date of en15 actment of this Act. 

16 (b) EXCEPTIONS.— 

17 (1) NUMBER OF TOLL LANES.—Subsection (a) 

18 shall not apply to any segment of highway on the 

19 Federal-aid system described in that subsection that, 

20 as of the date on which a toll is imposed on the seg21 ment, will have the same number of nontoll lanes as 

22 were in existence prior to that date. 

23 (2) HIGH-OCCUPANCY VEHICLE LANES.—A 

24 high-occupancy vehicle lane that is converted to a 

25 toll lane shall not be subject to this section, and 
34 

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1 shall not be considered to be a nontoll lane for pur2 poses of determining whether a highway will have 

3 fewer nontoll lanes than prior to the date of imposi4 tion of the toll, if— 

5 (A) high-occupancy vehicles occupied by 

6 the number of passengers specified by the enti7 ty operating the toll lane may use the toll lane 

8 without paying a toll, unless otherwise specified 

9 by the appropriate county, town, municipal or 

10 other local government entity, or public toll 

11 road or transit authority; or 

12 (B) each high-occupancy vehicle lane that 

13 was converted to a toll lane was constructed as 

14 a temporary lane to be replaced by a toll lane 

15 under a plan approved by the appropriate coun16 ty, town, municipal or other local government 

17 entity, or public toll road or transit authority. 

18 SEC. 124. There is hereby appropriated to the Sec19 retary of Transportation for the necessary expenses of cer20 tain highway and surface transportation projects, 

21 $175,269,000, to remain available until expended: Pro22 vided, That the amount provided by this section shall be 

23 made available for the programs, projects, and activities 

24 identified under this section in the Committee report ac25 companying this Act: Provided further, That funds pro-
35 

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1 vided by this section, at the request of a State, shall be 

2 transferred by the Secretary of Transportation to another 

3 Federal agency: Provided further, That none of the funds 

4 set aside by this section shall be subject to any limitation 

5 on obligations for Federal-aid highways and highway safe6 ty construction programs set forth in this Act or any other 

7 Act. 

8 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

9 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

10 (LIQUIDATION OF CONTRACT AUTHORIZATION)

11 (LIMITATION ON OBLIGATIONS)

12 (HIGHWAY TRUST FUND)

13 For payment of obligations incurred in the implemen14 tation, execution and administration of motor carrier safe15 ty operations and programs pursuant to section 31104(i) 

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

17 4134 of Public Law 109–59, $239,828,000, to be derived 

18 from the Highway Trust Fund (other than the Mass Tran19 sit Account), together with advances and reimbursements 

20 received by the Federal Motor Carrier Safety Administra21 tion, the sum of which shall remain available until ex22 pended: Provided, That none of the funds derived from 

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

24 the implementation, execution or administration of pro25 grams, the obligations for which are in excess of 
36 

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1 $239,828,000, for ‘‘Motor Carrier Safety Operations and 

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

3 obligation until September 30, 2012, is for the research 

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

5 for commercial motor vehicle operator’s grants to carry 

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

7 That an additional $20,050,000 shall be appropriated 

8 from the General Fund for the execution and administra9 tion of motor carrier safety operations and programs: Pro10 vided further, That notwithstanding any other provision of 

11 law, none of the funds under this heading for outreach 

12 and education shall be available for transfer: Provided fur13 ther, That the Federal Motor Carrier Safety Administra14 tion shall transmit to Congress a report on March 30, 

15 2011, and September 30, 2011, on the agency’s ability 

16 to meet its requirement to conduct compliance reviews on 

17 high-risk carriers. 

18 MOTOR CARRIER SAFETY GRANTS

19 (LIQUIDATION OF CONTRACT AUTHORIZATION)

20 (LIMITATION ON OBLIGATIONS)

21 (HIGHWAY TRUST FUND)

22 (INCLUDING RESCISSION)

23 For payment of obligations incurred in carrying out 

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

25 31313 of title 49, United States Code, and sections 4126 
37 

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1 and 4128 of Public Law 109–59, $310,070,000, to be de2 rived from the Highway Trust Fund (other than the Mass 

3 Transit Account) and to remain available until expended: 

4 Provided, That none of the funds in this Act shall be avail5 able for the implementation or execution of programs, the 

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

7 ‘‘Motor Carrier Safety Grants’’; of which $212,070,000 

8 shall be available for the motor carrier safety assistance 

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

10 49, United States Code; $25,000,000 shall be available for 

11 the commercial driver’s license improvements program to 

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

13 $32,000,000 shall be available for the border enforcement 

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

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

16 performance and registration information system manage17 ment program to carry out sections 31106(b) and 31109 

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

19 available for the commercial vehicle information systems 

20 and networks deployment program to carry out section 

21 4126 of Public Law 109–59; $3,000,000 shall be available 

22 for the safety data improvement program to carry out sec23 tion 4128 of Public Law 109–59; and $8,000,000 shall 

24 be available for the commercial driver’s license information 

25 system modernization program to carry out section 
38 

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1 31309(e) of title 49, United States Code: Provided further, 

2 That of the funds made available for the motor carrier 

3 safety assistance program, $35,000,000 shall be available 

4 for audits of new entrant motor carriers: Provided further, 

5 That of the amount made available under this heading for 

6 the commercial driver’s license information system mod7 ernization program, $3,000,000 may be made available for 

8 audits of new entrant motor carriers to carry out section 

9 4107(b) of Public Law 110–59, and 31104(a) of title 49, 

10 United States Code, and $5,000,000 shall be made avail11 able for the commercial driver’s license improvements pro12 gram to carry out section 31313 of title 49, United States 

13 Code: Provided further, That $18,900,000 in unobligated 

14 balances are permanently rescinded. 

15 MOTOR CARRIER SAFETY

16 (HIGHWAY TRUST FUND)

17 (RESCISSION)

18 Of the amounts made available under this heading 

19 in prior appropriations Acts, $7,300,000 in unobligated 

20 balances are permanently rescinded. 
39 

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1 NATIONAL MOTOR CARRIER SAFETY PROGRAM

2 (HIGHWAY TRUST FUND)

3 (RESCISSION)

4 Of the amounts made available under this heading 

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

6 balances are permanently rescinded. 

7 ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER

8 SAFETY ADMINISTRATION

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

10 shall be subject to the terms and conditions stipulated in 

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

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

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

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

16 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

17 OPERATIONS AND RESEARCH

18 For expenses necessary to discharge the functions of 

19 the Secretary, with respect to traffic and highway safety 

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

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

22 States Code, $172,773,000, of which $30,445,000 shall 

23 remain available through September 30, 2012, and 

24 $25,000,000 shall remain available through September 

25 30, 2014. 
40 

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1 OPERATIONS AND RESEARCH

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

6 the provisions of 23 U.S.C. 403, $117,376,000 to be de7 rived from the Highway Trust Fund (other than the Mass 

8 Transit Account) and to remain available until expended: 

9 Provided, That none of the funds in this Act shall be avail10 able for the planning or execution of programs the total 

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

12 of $117,376,000 for programs authorized under 23 U.S.C. 

13 403: Provided further, That within the $117,376,000 obli14 gation limitation for operations and research, $29,737,000 

15 shall remain available until September 30, 2012 and shall 

16 be in addition to the amount of any limitation imposed 

17 on obligations for future years. 

18 NATIONAL DRIVER REGISTER

19 (LIQUIDATION OF CONTRACT AUTHORIZATION)

20 (LIMITATION ON OBLIGATIONS)

21 (HIGHWAY TRUST FUND)

22 For payment of obligations incurred in carrying out 

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

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

25 the Mass Transit Account) and to remain available until 
41 

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

2 shall be available for the implementation or execution of 

3 programs the total obligations for which, in fiscal year 

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

5 Register authorized under such chapter. 

6 NATIONAL DRIVER REGISTER MODERNIZATION

7 For an additional amount for the ‘‘National Driver 

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

9 States Code, $2,530,000, to remain available through Sep10 tember 30, 2012: Provided, That the funding made avail11 able under this heading shall be used to continue the mod12 ernization of the National Driver Register. 

13 HIGHWAY TRAFFIC SAFETY GRANTS

14 (LIQUIDATION OF CONTRACT AUTHORIZATION)

15 (LIMITATION ON OBLIGATIONS)

16 (HIGHWAY TRUST FUND)

17 For payment of obligations incurred in carrying out 

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

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

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

21 $606,197,000 to be derived from the Highway Trust Fund 

22 (other than the Mass Transit Account): Provided, That 

23 none of the funds in this Act shall be available for the 

24 planning or execution of programs the total obligations for 

25 which, in fiscal year 2011, are in excess of $606,197,000 
42 

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

2 408, and 410 and sections 2001(a)(11), 2009, 2010, and 

3 2011 of Public Law 109–59, of which $235,000,000 shall 

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

5 $25,000,000 shall be for ‘‘Occupant Protection Incentive 

6 Grants’’ under 23 U.S.C. 405; $110,000,000 shall be for 

7 ‘‘Safety Belt Performance Grants’’ under 23 U.S.C. 406, 

8 and such obligation limitation shall remain available until 

9 September 30, 2012 in accordance with subsection (f) of 

10 such section 406 and shall be in addition to the amount 

11 of any limitation imposed on obligations for such grants 

12 for future fiscal years, of which up to $50,000,000 may 

13 be made available by the Secretary as grants to States 

14 that enact and enforce laws to prevent distracted driving; 

15 $34,500,000 shall be for ‘‘State Traffic Safety Informa16 tion System Improvements’’ under 23 U.S.C. 408; 

17 $139,000,000 shall be for ‘‘Alcohol-Impaired Driving 

18 Countermeasures Incentive Grant Program’’ under 23 

19 U.S.C. 410; $19,697,000 shall be for ‘‘Administrative Ex20 penses’’ under section 2001(a)(11) of Public Law 109– 

21 59; $29,000,000 shall be for ‘‘High Visibility Enforcement 

22 Program’’ under section 2009 of Public Law 109–59; 

23 $7,000,000 shall be for ‘‘Motorcyclist Safety’’ under sec24 tion 2010 of Public Law 109–59; and $7,000,000 shall 

25 be for ‘‘Child Safety and Child Booster Seat Safety Incen-
43 

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1 tive Grants’’ under section 2011 of Public Law 109–59: 

2 Provided further, That of the funds made available for 

3 grants to States that enact and enforce laws to prevent 

4 distracted driving, up to $5,000,000 may be available for 

5 the development, production, and use of broadcast and 

6 print media advertising for distracted driving prevention: 

7 Provided further, That none of these funds shall be used 

8 for construction, rehabilitation, or remodeling costs, or for 

9 office furnishings and fixtures for State, local or private 

10 buildings or structures: Provided further, That not to ex11 ceed $500,000 of the funds made available for section 410 

12 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ 

13 shall be available for technical assistance to the States: 

14 Provided further, That not to exceed $750,000 of the 

15 funds made available for the ‘‘High Visibility Enforcement 

16 Program’’ shall be available for the evaluation required 

17 under section 2009(f) of Public Law 109–59. 

18 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

19 TRAFFIC SAFETY ADMINISTRATION

20 (INCLUDING RESCISSIONS)

21 SEC. 140. Notwithstanding any other provision of law 

22 or limitation on the use of funds made available under 

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

24 $130,000 shall be made available to the National Highway 

25 Traffic Safety Administration, out of the amount limited 
44 

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

2 for travel and related expenses for State management re3 views and to pay for core competency development train4 ing and related expenses for highway safety staff. 

5 SEC. 141. The limitations on obligations for the pro6 grams of the National Highway Traffic Safety Adminis7 tration set in this Act shall not apply to obligations for 

8 which obligation authority was made available in previous 

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

10 the obligation authority has not lapsed or been used. 

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

12 heading ‘‘Operations and Research (Liquidation of Con13 tract Authorization) (Limitation on Obligations) (High14 way Trust Fund)’’ in prior appropriations Acts, 

15 $1,829,000 in unobligated balances are permanently re16 scinded. 

17 SEC. 143. Of the amounts made available under the 

18 heading ‘‘National Driver Register (Liquidation of Con19 tract Authorization) (Limitation on Obligations) (High20 way Trust Fund)’’ in prior appropriations Acts, $78,000 

21 in unobligated balances are permanently rescinded. 

22 SEC. 144. Of the amounts made available under the 

23 heading ‘‘Highway Traffic Safety Grants (Liquidation of 

24 Contract Authorization) (Limitation on Obligations) 

25 (Highway Trust Fund)’’ in prior appropriations Acts, 
45 

•S 3644 PCS

1 $79,843,000 in unobligated balances are permanently re2 scinded. 

3 FEDERAL RAILROAD ADMINISTRATION

4 SAFETY AND OPERATIONS

5 For necessary expenses of the Federal Railroad Ad6 ministration, not otherwise provided for, $205,098,000, of 

7 which $8,380,000 shall remain available through Sep8 tember 30, 2012, and $34,093,000 shall remain available 

9 until expended. 

10 RAILROAD RESEARCH AND DEVELOPMENT

11 For necessary expenses for railroad research and de12 velopment, $40,000,000, to remain available until ex13 pended. 

14 RAILROAD REHABILITATION AND IMPROVEMENT

15 FINANCING PROGRAM

16 The Secretary of Transportation is authorized to 

17 issue to the Secretary of the Treasury notes or other obli18 gations pursuant to section 512 of the Railroad Revitaliza19 tion and Regulatory Reform Act of 1976 (Public Law 94– 

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

21 may be necessary to pay any amounts required pursuant 

22 to the guarantee of the principal amount of obligations 

23 under sections 511 through 513 of such Act, such author24 ity to exist as long as any such guaranteed obligation is 

25 outstanding: Provided, That pursuant to section 502 of 
46 

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1 such Act, as amended, no new direct loans or loan guar2 antee commitments shall be made using Federal funds for 

3 the credit risk premium during fiscal year 2011. 

4 RAILROAD SAFETY TECHNOLOGY PROGRAM

5 For necessary expenses of carrying out section 20158 

6 of title 49, United States Code, $150,000,000, to remain 

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

8 assistance under this heading, an entity need not have de9 veloped plans required under subsection 20156(e)(2) of 

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

11 title. 

12 CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS

13 AND INTERCITY PASSENGER RAIL SERVICE

14 To enable the Secretary of Transportation to make 

15 grants for high-speed rail projects as authorized under 

16 section 26106 of title 49, United States Code, capital in17 vestment grants to support intercity passenger rail service 

18 as authorized under section 24406 of title 49, United 

19 States Code, and congestion grants as authorized under 

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

21 into cooperative agreements for these purposes as author22 ized, $1,000,000,000, to remain available until expended: 

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

24 this paragraph are available to the Administrator of the 

25 Federal Railroad Administration to fund the award and 
47 

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1 oversight by the Administrator of grants and cooperative 

2 agreements for intercity and high-speed rail: Provided fur3 ther, That up to $30,000,000 of the funds provided under 

4 this paragraph are available to the Administrator for the 

5 purposes of conducting research and demonstrating tech6 nologies supporting the development of high-speed rail in 

7 the United States, including the demonstration of next8 generation rolling stock fleet technology and the imple9 mentation of the Rail Cooperative Research Program au10 thorized by section 24910 of title 49, United States Code: 

11 Provided further, That the national rail plan shall include 

12 a map depicting all high-speed rail service envisioned in 

13 the plan and the estimated cost to complete that service: 

14 Provided further, That up to$50,000,000 of the funds pro15 vided under this paragraph may be used for planning ac16 tivities that lead directly to the development of a pas17 senger rail corridor investment plan consistent with the 

18 requirements established by the Administrator or a State 

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

20 States Code: Provided further, That the Secretary may re21 tain a portion of the funds made available for planning 

22 activities under the previous proviso to facilitate the prep23 aration of a service development plan and related environ24 mental impact statement for high-speed corridors located 

25 in multiple States: Provided further, That not less than 
48 

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1 85 percent of the funds provided under this heading shall 

2 be for cooperative agreements that lead to the development 

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

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

5 to issuing a letter of intent or cooperative agreement pur6 suant to section 24402(f) of title 49, United States Code, 

7 for a major corridor development program, the Secretary 

8 shall provide to the House and Senate Committees on Ap9 propriations written notification consisting of a business 

10 and public investment case for the proposed corridor pro11 gram which shall include: a comprehensive analysis of the 

12 monetary and nonmonetary costs and benefits of the cor13 ridor development program; an assessment of ridership, 

14 passenger travel time reductions, congestion relief bene15 fits, environmental benefits, economic benefits, and other 

16 public benefits; operating financial forecasts for the pro17 gram; a full capital cost estimation for the entire project, 

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

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

20 management plan and an evaluation of the grantee’s abil21 ity to sustain the project: Provided further, That the Fed22 eral share payable of the costs for which a grant or cooper23 ative agreements is made under this heading shall be de24 termined in accordance with the provisions of Public Law 

25 110–432, except that the local share of expenditures shall 
49 

•S 3644 PCS

1 be no less than 10 percent: Provided further, That in addi2 tion to the provisions of title 49, United States Code, that 

3 apply to each of the individual programs funded under this 

4 heading, subsections 24402(a)(2), 24402(f), 24402(i), and 

5 24403(a) and (c) of title 49, United States Code, shall 

6 also apply to the provision of funds provided under this 

7 heading: Provided further, That recipients of grants under 

8 this paragraph shall conduct all procurement transactions 

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

10 open competition, as determined by the Secretary, in com11 pliance with existing labor agreements. 

12 OPERATING SUBSIDY GRANTS TO THE NATIONAL

13 RAILROAD PASSENGER CORPORATION

14 To enable the Secretary of Transportation to make 

15 quarterly grants to the National Railroad Passenger Cor16 poration for the operation of intercity passenger rail, as 

17 authorized by section 101 of the Passenger Rail Invest18 ment and Improvement Act of 2008 (division B of Public 

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

20 expended: Provided, That the amounts available under this 

21 paragraph shall be available for the Secretary to approve 

22 funding to cover operating losses for the Corporation only 

23 after receiving and reviewing a grant request for each spe24 cific train route: Provided further, That each such grant 

25 request shall be accompanied by a detailed financial anal-
50 

•S 3644 PCS

1 ysis, revenue projection, and capital expenditure projection 

2 justifying the Federal support to the Secretary’s satisfac3 tion: Provided further, That not later than 60 days after 

4 enactment of this Act, the Corporation shall transmit to 

5 the Secretary and the House and Senate Committees on 

6 Appropriations a plan to achieve savings through oper7 ating efficiencies including, but not limited to, modifica8 tions to food and beverage service and first class service: 

9 Provided further, That the Amtrak Inspector General shall 

10 provide semiannual reports to the House and Senate Com11 mittees on Appropriations on the estimated savings ac12 crued as a result of all operational reforms instituted by 

13 the Corporation and estimations of possible future sav14 ings: Provided further, That not later than 60 days after 

15 enactment of this Act, the Corporation shall transmit, in 

16 electronic format, to the Secretary, the House and Senate 

17 Committees on Appropriations, the House Committee on 

18 Transportation and Infrastructure and the Senate Com19 mittee on Commerce, Science, and Transportation the an20 nual budget and business plan and the 5-Year Financial 

21 Plan for fiscal year 2011 required under section 204 of 

22 the Passenger Rail Investment and Improvement Act of 

23 2008: Provided further, That the budget, business plan, 

24 and the 5-Year Financial Plan shall also include a sepa25 rate accounting of ridership, revenues, and capital and op-
51 

•S 3644 PCS

1 erating expenses for the Northeast Corridor; commuter 

2 service; long-distance Amtrak service; State-supported 

3 service; each intercity train route, including Autotrain; 

4 and commercial activities including contract operations: 

5 Provided further, That the budget, business plan and the 

6 5-Year Financial Plan shall include a description of work 

7 to be funded, along with cost estimates and an estimated 

8 timetable for completion of the projects covered by these 

9 plans: Provided further, That the budget, business plan 

10 and the 5-Year Financial Plan shall include annual infor11 mation on the maintenance, refurbishment, replacement, 

12 and expansion for all Amtrak rolling stock consistent with 

13 the comprehensive fleet plan: Provided further, That the 

14 Corporation shall provide semiannual reports in electronic 

15 format regarding the pending business plan, which shall 

16 describe the work completed to date, any changes to the 

17 business plan, and the reasons for such changes, and shall 

18 identify all sole-source contract awards which shall be ac19 companied by a justification as to why said contract was 

20 awarded on a sole-source basis: Provided further, That the 

21 Corporation’s budget, business plan, 5-Year Financial 

22 Plan, semiannual reports, and all subsequent supple23 mental plans shall be displayed on the Corporation’s Web 

24 site within a reasonable timeframe following their submis25 sion to the appropriate entities: Provided further, That 
52 

•S 3644 PCS

1 none of the funds under this heading may be obligated 

2 or expended until the Corporation agrees to continue abid3 ing by the provisions of paragraphs 1, 2, 5, 9, and 11 

4 of the summary of conditions for the direct loan agree5 ment of June 28, 2002, in the same manner as in effect 

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

7 That concurrent with the President’s budget request for 

8 fiscal year 2012, the Corporation shall submit to the 

9 House and Senate Committees on Appropriations a budget 

10 request for fiscal year 2012 in similar format and sub11 stance to those submitted by executive agencies of the 

12 Federal Government. 

13 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

14 RAILROAD PASSENGER CORPORATION

15 To enable the Secretary of Transportation to make 

16 grants to the National Railroad Passenger Corporation for 

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

18 219(b) of the Passenger Rail Investment and Improve19 ment Act of 2008 (division B of Public Law 110–432), 

20 $1,400,000,000, to remain available until expended, of 

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

22 obligations as authorized by section 102 of such Act: Pro23 vided, That after an initial distribution of up to 

24 $200,000,000, which shall be used by the Corporation as 

25 a working capital account, all remaining funds shall be 
53 

•S 3644 PCS

1 provided to the Corporation only on a reimbursable basis: 

2 Provided further, That the Secretary may retain up to one3 half of 1 percent of the funds provided under this heading 

4 to fund the costs of project management oversight of cap5 ital projects funded by grants provided under this heading, 

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

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

8 approve funding for capital expenditures, including ad9 vance purchase orders of materials, for the Corporation 

10 only after receiving and reviewing a grant request for each 

11 specific capital project justifying the Federal support to 

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

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

14 operating losses of the Corporation: Provided further, That 

15 none of the funds under this heading may be used for cap16 ital projects not approved by the Secretary of Transpor17 tation or on the Corporation’s fiscal year 2011 business 

18 plan. 

19 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

20 ADMINISTRATION

21 SEC. 151. The Secretary may purchase promotional 

22 items of nominal value for use in public outreach activities 

23 to accomplish the purposes of 49 U.S.C. 20134: Provided, 

24 That the Secretary shall prescribe guidelines for the ad25 ministration of such purchases and use. 
54 

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1 SEC. 152. Hereafter, notwithstanding any other pro2 vision of law, funds provided in this Act for the National 

3 Railroad Passenger Corporation shall immediately cease 

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

5 Corporation contracts to have services provided at or from 

6 any location outside the United States. For purposes of 

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

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

9 or part-time Amtrak employee whose base of employment 

10 is located within the United States. 

11 SEC. 153. The Secretary of Transportation may re12 ceive and expend cash, or receive and utilize spare parts 

13 and similar items, from non-United States Government 

14 sources to repair damages to or replace United States 

15 Government owned automated track inspection cars and 

16 equipment as a result of third party liability for such dam17 ages, and any amounts collected under this section shall 

18 be credited directly to the Safety and Operations account 

19 of the Federal Railroad Administration, and shall remain 

20 available until expended for the repair, operation and 

21 maintenance of automated track inspection cars and 

22 equipment in connection with the automated track inspec23 tion program. 

24 SEC. 154. The Administrator of the Federal Railroad 

25 Administration shall submit a report on May 31, 2011, 
55 

•S 3644 PCS

1 to the House and Senate Committees on Appropriations 

2 detailing the Administrator’s efforts at improving the on3 time performance of Amtrak intercity rail service oper4 ating on non-Amtrak owned property. Such reports shall 

5 compare the most recent actual on-time performance data 

6 to pre-established on-time performance goals that the Ad7 ministrator shall set for each rail service, identified by 

8 route. Such reports shall also include whatever other infor9 mation and data regarding the on-time performance of 

10 Amtrak trains the Administrator deems to be appropriate. 

11 FEDERAL TRANSIT ADMINISTRATION

12 ADMINISTRATIVE EXPENSES

13 For necessary administrative expenses of the Federal 

14 Transit Administration’s programs authorized by chapter 

15 53 of title 49, United States Code, $106,981,000: Pro16 vided, That for an additional amount to carry out public 

17 transportation fixed guideway safety oversight activities, 

18 $5,000,000, if legislation authorizing such activities is en19 acted into law prior to September 30, 2011: Provided fur20 ther, That of the funds available under this heading, not 

21 to exceed $2,000,000 shall be available for travel: Provided 

22 further, That none of the funds provided or limited in this 

23 Act may be used to create a permanent office of transit 

24 security under this heading: Provided further, That upon 

25 submission to the Congress of the fiscal year 2012 Presi-
56 

•S 3644 PCS

1 dent’s budget, the Secretary of Transportation shall trans2 mit to Congress the annual report on new starts, including 

3 proposed allocations of funds for fiscal year 2012. 

4 FORMULA AND BUS GRANTS

5 (LIQUIDATION OF CONTRACT AUTHORITY)

6 (LIMITATION ON OBLIGATIONS)

7 (HIGHWAY TRUST FUND)

8 For payment of obligations incurred in carrying out 

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

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

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

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

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

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

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

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

19 obligations of $8,360,565,000 in fiscal year 2011. 

20 RESEARCH AND UNIVERSITY RESEARCH CENTERS

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

22 5312–5315, 5322, and 5506, $69,750,000, to remain 

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

24 available to carry out the transit cooperative research pro25 gram under section 5313 of title 49, United States Code, 
57 

•S 3644 PCS

1 $4,300,000 is available for the National Transit Institute 

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

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

5 Code: Provided further, That $48,450,000 is available to 

6 carry out national research programs under sections 5312, 

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

8 Provided further, That of the funds available to carry out 

9 section 5312 of title 49, United States Code, $5,000,000 

10 shall be available to the Secretary to develop standards 

11 for asset management plans, provide technical assistance 

12 to recipients engaged in the development or implementa13 tion of an asset management plan, improve data collection 

14 through the National Transit Database, and conduct a 

15 pilot program designed to identify the best practices of 

16 asset management. 

17 CAPITAL INVESTMENT GRANTS

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses to carry out section 5309 of 

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

21 available until expended, of which no less than 

22 $200,000,000 is for section 5309(e) of such title. 
58 

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1 GRANTS FOR ENERGY EFFICIENCY AND GREENHOUSE

2 GAS REDUCTIONS

3 For grants to public transit agencies for capital in4 vestments that will reduce the energy consumption or 

5 greenhouse gas emissions of their public transportation 

6 systems, $100,000,000, to remain available through Sep7 tember 30, 2013: Provided, That priority shall be given 

8 to projects that use innovative and potentially replicable 

9 approaches to reducing energy consumption or greenhouse 

10 gas emissions: Provided further, That the Secretary shall 

11 publish criteria on which to base the competition for any 

12 grants awarded under this heading no sooner than 90 days 

13 after the enactment of this Act, require applications for 

14 funding provided under this heading to be submitted no 

15 sooner than 120 days after the publication of such criteria, 

16 and announce all projects selected to be funded from funds 

17 provided under this heading no sooner than September 15, 

18 2011. 

19 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

20 For grants to the Washington Metropolitan Area 

21 Transit Authority as authorized under section 601 of divi22 sion B of Public Law 110–432, $150,000,000, to remain 

23 available until expended: Provided, That the Secretary 

24 shall approve grants for capital and preventive mainte25 nance expenditures for the Washington Metropolitan Area 
59 

•S 3644 PCS

1 Transit Authority only after receiving and reviewing a re2 quest for each specific project: Provided further, That 

3 prior to approving such grants, the Secretary shall deter4 mine that the Washington Metropolitan Area Transit Au5 thority has placed the highest priority on those invest6 ments that will improve the safety of the system. 

7 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

8 ADMINISTRATION

9 SEC. 160. The limitations on obligations for the pro10 grams of the Federal Transit Administration shall not 

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

12 made available for obligation, or to any other authority 

13 previously made available for obligation. 

14 SEC. 161. Notwithstanding any other provision of 

15 law, funds appropriated or limited by this Act under ‘‘Fed16 eral Transit Administration, Capital Investment Grants’’ 

17 and for bus and bus facilities under ‘‘Federal Transit Ad18 ministration, Formula and Bus Grants’’ for projects speci19 fied in this Act or identified in reports accompanying this 

20 Act not obligated by September 30, 2013, and other recov21 eries, shall be directed to projects eligible to use the funds 

22 for the purposes for which they were originally provided. 

23 SEC. 162. Notwithstanding any other provision of 

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

25 any section of chapter 53 of title 49, United States Code, 
60 

•S 3644 PCS

1 that remain available for expenditure, may be transferred 

2 to and administered under the most recent appropriation 

3 heading for any such section. 

4 SEC. 163. Notwithstanding any other provision of 

5 law, unobligated funds made available for new fixed guide6 way system projects under the heading ‘‘Federal Transit 

7 Administration, Capital investment grants’’ in any appro8 priations Act prior to this Act may be used during this 

9 fiscal year to satisfy expenses incurred for such projects. 

10 SEC. 164. In addition to the amounts made available 

11 under section 5327(c)(1) of title 49, United States Code, 

12 the Secretary may use, for program management activities 

13 described in section 5327(c)(2), 1 percent of the amount 

14 made available to carry out section 5316 of title 49, 

15 United States Code: Provided, That funds made available 

16 for program management oversight shall be used to over17 see the compliance of a recipient or subrecipient of Fed18 eral transit assistance consistent with activities identified 

19 under section 5327(c)(2) and for purposes of enforcement. 

20 SEC. 165. (a) Notwithstanding any other provision 

21 of law, unobligated funds or recoveries under section 5309 

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

23 Secretary of Transportation for reallocation shall be di24 rected to projects eligible to use the funds for the purposes 

25 for which they were originally provided. 
61 

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1 SEC. 166. Funds made available for Alaska or Hawaii 

2 ferry boats or ferry terminal facilities pursuant to 49 

3 U.S.C. 5309(m)(6)(B) may be used to construct new ves4 sels and facilities, or to improve existing vessels and facili5 ties, including both the passenger and vehicle-related ele6 ments of such vessels and facilities, and for repair facili7 ties: Provided, That not more than $4,000,000 of the 

8 funds made available pursuant to 49 U.S.C. 

9 5309(m)(6)(B) may be used by the City and County of 

10 Honolulu to operate a passenger ferry boat service dem11 onstration project to test the viability of different intra12 island ferry boat routes and technologies. 

13 SEC. 167. Notwithstanding any other provision of 

14 law, for fiscal year 2011, the total estimated amount of 

15 future obligations of the Government and contingent com16 mitments to incur obligations covered by all outstanding 

17 full funding grant agreements entered into on or before 

18 September 30, 2009, and all outstanding letters of intent 

19 and early systems work agreements under subsection 

20 5309(g) of title 49, United States Code, for major new 

21 fixed guideway capital projects may be not more than the 

22 sum of the amount authorized under subsections 

23 5338(a)(3)(iv) and 5338(c) of such title for such projects 

24 and an amount equivalent to the last 3 fiscal years of 

25 funding allocated under subsections 5309(m)(1)(A) and 
62 

•S 3644 PCS

1 (m)(2)(A)(ii) of such title, for such projects, less an 

2 amount the Secretary reasonably estimates is necessary 

3 for grants under subsection 5309(b)(1) of such title for 

4 those of such projects that are not covered by a letter or 

5 agreement: Provided, That the Secretary may enter into 

6 full funding grant agreements under subsection 

7 5309(g)(2) of such title for major new fixed guideway cap8 ital projects that contain contingent commitments to incur 

9 obligations in such amounts as the Secretary determines 

10 are appropriate. 

11 SEC. 168. None of the funds provided or limited 

12 under this Act may be used to enforce regulations related 

13 to charter bus service under part 604 of title 49, Code 

14 of Federal Regulations, for any transit agency who during 

15 fiscal year 2008 was both initially granted a 60-day period 

16 to come into compliance with part 604, and then was sub17 sequently granted an exception from said part. 

18 SEC. 169. Notwithstanding any other provision of 

19 law, when evaluating the local share of the project author20 ized to be carried out under section 3043(c)(86) of Public 

21 Law 109–59 (119 Stat. 1644) the Secretary shall give 

22 consideration to all non-New Starts funds expended for 

23 engineering, final design and construction of the 

24 Farrington Highway Guideway, Stations, Maintenance 
63 

•S 3644 PCS

1 Storage Facility and related elements advanced with 100 

2 percent non-New Starts funds. 

3 SAINT LAWRENCE SEAWAY DEVELOPMENT

4 CORPORATION

5 The Saint Lawrence Seaway Development Corpora6 tion is hereby authorized to make such expenditures, with7 in the limits of funds and borrowing authority available 

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

9 such contracts and commitments without regard to fiscal 

10 year limitations as provided by section 104 of the Govern11 ment Corporation Control Act, as amended, as may be 

12 necessary in carrying out the programs set forth in the 

13 Corporation’s budget for the current fiscal year. 

14 OPERATIONS AND MAINTENANCE

15 (HARBOR MAINTENANCE TRUST FUND)

16 For necessary expenses for operations, maintenance, 

17 and capital asset renewal of those portions of the St. Law18 rence Seaway owned, operated, and maintained by the 

19 Saint Lawrence Seaway Development Corporation, 

20 $32,324,000, to be derived from the Harbor Maintenance 

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

22 MARITIME ADMINISTRATION

23 MARITIME SECURITY PROGRAM

24 For necessary expenses to maintain and preserve a 

25 U.S.-flag merchant fleet to serve the national security 
64 

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1 needs of the United States, $174,000,000, to remain avail2 able until expended. 

3 OPERATIONS AND TRAINING

4 For necessary expenses of operations and training ac5 tivities authorized by law, $172,754,000, of which 

6 $11,007,000 shall remain available until expended for 

7 maintenance and repair of training ships at State Mari8 time Academies, and of which $30,900,000 shall remain 

9 available until expended for capital improvements at the 

10 United States Merchant Marine Academy, and of which 

11 $6,000,000 shall be available until expended for the Sec12 retary’s reimbursement of overcharged midshipmen fees 

13 and such action shall be final and conclusive: Provided, 

14 That amounts apportioned for the United States Mer15 chant Marine Academy shall be available only upon allot16 ments made personally by the Secretary of Transportation 

17 or the Assistant Secretary for Budget and Programs: Pro18 vided further, That the Superintendent, Deputy Super19 intendent and the Director of the Office of Resource Man20 agement of the United States Merchant Marine Academy 

21 may not be allotment holders for the United States Mer22 chant Marine Academy, and the Administrator of Mari23 time Administration shall hold all allotments made by the 

24 Secretary of Transportation or the Assistant Secretary for 

25 Budget and Programs under the previous proviso: Pro-
65 

•S 3644 PCS

1 vided further, That 50 percent of the funding made avail2 able for the United States Merchant Marine Academy 

3 under this heading shall be available only after the Sec4 retary, in consultation with the Superintendent and the 

5 Maritime Administrator, completes a plan detailing by 

6 program or activity how such funding will be expended at 

7 the Academy, and this plan is submitted to the House and 

8 Senate Committees on Appropriations. 

9 SHIP DISPOSAL

10 For necessary expenses related to the disposal of ob11 solete vessels in the National Defense Reserve Fleet of the 

12 Maritime Administration, $10,000,000, to remain avail13 able until expended. 

14 ASSISTANCE TO SMALL SHIPYARDS

15 To make grants to qualified shipyards as authorized 

16 under section 3508 of Public Law 110–417 or section 

17 54101 of title 46, United States Code, $25,000,000, to 

18 remain available until expended: Provided, That to be con19 sidered for assistance, a qualified shipyard shall submit 

20 an application for assistance no later than 60 days after 

21 enactment of this Act: Provided further, That from appli22 cations submitted under the previous proviso, the Sec23 retary of Transportation shall make grants no later than 

24 120 days after enactment of this Act in such amounts as 

25 the Secretary determines: Provided further, That not to 
66 

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1 exceed 2 percent of the funds appropriated under this 

2 heading shall be available for necessary costs of grant ad3 ministration. 

4 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

5 ACCOUNT

6 (INCLUDING TRANSFER OF FUNDS)

7 For the cost of guaranteed loans, as authorized, 

8 $9,000,000, of which $5,000,000 shall remain available 

9 until expended: Provided, That such costs, including the 

10 cost of modifying such loans, shall be as defined in section 

11 502 of the Congressional Budget Act of 1974, as amend12 ed: Provided further, That not to exceed $4,000,000 shall 

13 be available for administrative expenses to carry out the 

14 guaranteed loan program, which shall be transferred to 

15 and merged with the appropriation for ‘‘Operations and 

16 Training’’, Maritime Administration. 

17 ADMINISTRATIVE PROVISIONS—MARITIME

18 ADMINISTRATION

19 SEC. 175. Notwithstanding any other provision of 

20 this Act, the Maritime Administration is authorized to fur21 nish utilities and services and make necessary repairs in 

22 connection with any lease, contract, or occupancy involving 

23 Government property under control of the Maritime Ad24 ministration, and payments received therefor shall be cred25 ited to the appropriation charged with the cost thereof: 
67 

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1 Provided, That rental payments under any such lease, con2 tract, or occupancy for items other than such utilities, 

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

4 miscellaneous receipts. 

5 PIPELINE AND HAZARDOUS MATERIALS SAFETY

6 ADMINISTRATION

7 OPERATIONAL EXPENSES

8 (PIPELINE SAFETY FUND)

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary operational expenses of the Pipeline 

11 and Hazardous Materials Safety Administration, 

12 $22,383,000, of which $639,000 shall be derived from the 

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

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

15 Safety Information Grants to Communities’’ as authorized 

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

17 HAZARDOUS MATERIALS SAFETY

18 For expenses necessary to discharge the hazardous 

19 materials safety functions of the Pipeline and Hazardous 

20 Materials Safety Administration, $50,434,000, of which 

21 $6,497,000 shall remain available until September 30, 

22 2013: Provided, That up to $800,000 in fees collected 

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

24 fund of the Treasury as offsetting receipts: Provided fur25 ther, That there may be credited to this appropriation, to 
68 

•S 3644 PCS

1 be available until expended, funds received from States, 

2 counties, municipalities, other public authorities, and pri3 vate sources for expenses incurred for training, for reports 

4 publication and dissemination, and for travel expenses in5 curred in performance of hazardous materials exemptions 

6 and approvals functions: Provided further, That in fiscal 

7 year 2012, the Administrator of the Pipeline and Haz8 ardous Materials Safety Administration shall propose to 

9 collect a reasonable fee for expenses incurred for proc10 essing applications for, and ensuring compliance with the 

11 terms of, special permits and approvals issued under 49 

12 U.S.C. 5117. 

13 PIPELINE SAFETY

14 (PIPELINE SAFETY FUND)

15 (OIL SPILL LIABILITY TRUST FUND)

16 For expenses necessary to conduct the functions of 

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

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

19 60107, and to discharge the pipeline program responsibil20 ities of the Oil Pollution Act of 1990, $111,111,000, of 

21 which $18,905,000 shall be derived from the Oil Spill Li22 ability Trust Fund and shall remain available until Sep23 tember 30, 2013; and of which $92,206,000 shall be de24 rived from the Pipeline Safety Fund, of which 
69 

•S 3644 PCS

1 $51,206,000 shall remain available until September 30, 

2 2013. 

3 EMERGENCY PREPAREDNESS GRANTS

4 (EMERGENCY PREPAREDNESS FUND)

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

6 5128(b), $188,000, to be derived from the Emergency 

7 Preparedness Fund, to remain available until September 

8 30, 2012: Provided, That not more than $28,318,000 shall 

9 be made available for obligation in fiscal year 2011 from 

10 amounts made available by 49 U.S.C. 5116(I) and 

11 5128(b)–(c): Provided further, That none of the funds 

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

13 shall be made available for obligation by individuals other 

14 than the Secretary of Transportation, or his designee. 

15 RESEARCH AND INNOVATIVE TECHNOLOGY

16 ADMINISTRATION

17 RESEARCH AND DEVELOPMENT

18 For necessary expenses of the Research and Innova19 tive Technology Administration, $16,900,000, of which 

20 $10,000,000 shall remain available until September 30, 

21 2013: Provided, That there may be credited to this appro22 priation, to be available until expended, funds received 

23 from States, counties, municipalities, other public authori24 ties, and private sources for expenses incurred for train25 ing. 
70 

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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector 

4 General to carry out the provisions of the Inspector Gen5 eral Act of 1978, as amended, $86,406,000: Provided, 

6 That the Inspector General shall have all necessary au7 thority, in carrying out the duties specified in the Inspec8 tor General Act, as amended (5 U.S.C. App. 3), to inves9 tigate allegations of fraud, including false statements to 

10 the government (18 U.S.C. 1001), by any person or entity 

11 that is subject to regulation by the Department: Provided 

12 further, That the funds made available under this heading 

13 may be used to investigate, pursuant to section 41712 of 

14 title 49, United States Code: (1) unfair or deceptive prac15 tices and unfair methods of competition by domestic and 

16 foreign air carriers and ticket agents; and (2) the compli17 ance of domestic and foreign air carriers with respect to 

18 item (1) of this proviso. 

19 SURFACE TRANSPORTATION BOARD

20 SALARIES AND EXPENSES

21 For necessary expenses of the Surface Transpor22 tation Board, including services authorized by 5 U.S.C. 

23 3109, $29,934,000: Provided, That notwithstanding any 

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

25 established by the Chairman of the Surface Transpor-
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1 tation Board shall be credited to this appropriation as off2 setting collections and used for necessary and authorized 

3 expenses under this heading: Provided further, That the 

4 sum herein appropriated from the general fund shall be 

5 reduced on a dollar-for-dollar basis as such offsetting col6 lections are received during fiscal year 2011, to result in 

7 a final appropriation from the general fund estimated at 

8 no more than $28,684,000. 

9 GENERAL PROVISIONS—DEPARTMENT OF

10 TRANSPORTATION

11 SEC. 180. During the current fiscal year applicable 

12 appropriations to the Department of Transportation shall 

13 be available for maintenance and operation of aircraft; 

14 hire of passenger motor vehicles and aircraft; purchase of 

15 liability insurance for motor vehicles operating in foreign 

16 countries on official department business; and uniforms or 

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

18 5902). 

19 SEC. 181. Appropriations contained in this Act for 

20 the Department of Transportation shall be available for 

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

22 individuals not to exceed the per diem rate equivalent to 

23 the rate for an Executive Level IV. 

24 SEC. 182. None of the funds in this Act shall be avail25 able for salaries and expenses of more than 110 political 
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1 and Presidential appointees in the Department of Trans2 portation: Provided, That none of the personnel covered 

3 by this provision may be assigned on temporary detail out4 side the Department of Transportation. 

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

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

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

8 in this Act shall disseminate personal information (as de9 fined in 18 U.S.C. 2725(3)) obtained by a State depart10 ment of motor vehicles in connection with a motor vehicle 

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

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

13 2721. 

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

15 shall not withhold funds provided in this Act for any 

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

17 SEC. 185. Funds received by the Federal Highway 

18 Administration, Federal Transit Administration, and Fed19 eral Railroad Administration from States, counties, mu20 nicipalities, other public authorities, and private sources 

21 for expenses incurred for training may be credited respec22 tively to the Federal Highway Administration’s ‘‘Federal23 Aid Highways’’ account, the Federal Transit Administra24 tion’s ‘‘Research and University Research Centers’’ ac25 count, and to the Federal Railroad Administration’s 
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1 ‘‘Safety and Operations’’ account, except for State rail 

2 safety inspectors participating in training pursuant to 49 

3 U.S.C. 20105. 

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

5 under the appropriate accounts within the Federal High6 way Administration, the Federal Railroad Administration 

7 and the Federal Transit Administration shall be for the 

8 eligible programs, projects and activities in the cor9 responding amounts identified in the committee report ac10 companying this Act for ‘‘Ferry Boats and Ferry Ter11 minal Facilities’’, ‘‘Federal Lands’’, ‘‘Interstate Mainte12 nance Discretionary’’, ‘‘Transportation, Community and 

13 System Preservation Program’’, ‘‘Delta Region Transpor14 tation Development Program’’, ‘‘Rail Line Relocation and 

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

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

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

18 SEC. 187. Notwithstanding any other provisions of 

19 law, rule or regulation, the Secretary of Transportation 

20 is authorized to allow the issuer of any preferred stock 

21 heretofore sold to the Department to redeem or repur22 chase such stock upon the payment to the Department of 

23 an amount determined by the Secretary. 

24 SEC. 188. None of the funds in this Act to the De25 partment of Transportation may be used to make a grant 
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1 unless the Secretary of Transportation notifies the House 

2 and Senate Committees on Appropriations not less than 

3 3 full business days before any project competitively se4 lected to receive a discretionary grant award, any discre5 tionary grant award, letter of intent, or full funding grant 

6 agreement totaling $1,000,000 or more is announced by 

7 the department or its modal administrations from: (1) any 

8 discretionary grant program of the Federal Highway Ad9 ministration including the emergency relief program; (2) 

10 the airport improvement program of the Federal Aviation 

11 Administration; (3) any grant from the Federal Railroad 

12 Administration; or (4) any program of the Federal Transit 

13 Administration other than the formula grants and fixed 

14 guideway modernization programs: Provided, That the 

15 Secretary gives concurrent notification to the House and 

16 Senate Committees on Appropriations for any ‘‘quick re17 lease’’ of funds from the emergency relief program: Pro18 vided further, That no notification shall involve funds that 

19 are not available for obligation. In addition, none of the 

20 funds in this Act to the Department of Transportation 

21 may be used to make a grant award unless the Secretary 

22 of Transportation notifies the House and Senate Commit23 tees on Appropriations not less than 3 full business days 

24 before any announcement of a project competitively se25 lected to receive a discretionary grant award from a pro-
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1 gram with an annual budget equal to or exceeding 

2 $50,000,000. 

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

4 minor fees and other funds received by the Department 

5 of Transportation from travel management centers, 

6 charge card programs, the subleasing of building space, 

7 and miscellaneous sources are to be credited to appropria8 tions of the Department of Transportation and allocated 

9 to elements of the Department of Transportation using 

10 fair and equitable criteria and such funds shall be avail11 able until expended. 

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

13 other Act that the Secretary determines represent im14 proper payments by the Department of Transportation to 

15 a third-party contractor under a financial assistance 

16 award, which are recovered pursuant to law, shall be avail17 able— 

18 (1) to reimburse the actual expenses incurred 

19 by the Department of Transportation in recovering 

20 improper payments; and 

21 (2) to pay contractors for services provided in 

22 recovering improper payments or contractor support 

23 in the implementation of the Improper Payments In24 formation Act of 2002: Provided, That amounts in 

25 excess of that required for paragraphs (1) and (2)— 
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1 (A) shall be credited to and merged with 

2 the appropriation from which the improper pay3 ments were made, and shall be available for the 

4 purposes and period for which such appropria5 tions are available; or 

6 (B) if no such appropriation remains avail7 able, shall be deposited in the Treasury as mis8 cellaneous receipts: Provided further, That prior 

9 to the transfer of any such recovery to an ap10 propriations account, the Secretary shall notify 

11 to the House and Senate Committees on Appro12 priations of the amount and reasons for such 

13 transfer: Provided further, That for purposes of 

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

15 has the same meaning as that provided in sec16 tion 2(d)(2) of Public Law 107–300. 

17 SEC. 191. Notwithstanding any other provision of 

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

19 subject to a reprogramming action that requires notice to 

20 be provided to the House and Senate Committees on Ap21 propriations, said reprogramming action shall be approved 

22 or denied solely by the Committees on Appropriations: 

23 Provided, That the Secretary may provide notice to other 

24 congressional committees of the action of the Committees 

25 on Appropriations on such reprogramming but not sooner 
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1 than 30 days following the date on which the reprogram2 ming action has been approved or denied by the House 

3 and Senate Committees on Appropriations. 

4 SEC. 192. None of the funds appropriated or other5 wise made available under this Act may be used by the 

6 Surface Transportation Board of the Department of 

7 Transportation to charge or collect any filing fee for rate 

8 or practice complaints filed with the Board in an amount 

9 in excess of the amount authorized for district court civil 

10 suit filing fees under section 1914 of title 28, United 

11 States Code. 

12 SEC. 193. Notwithstanding section 3324 of title 31, 

13 United States Code, in addition to authority provided by 

14 section 327 of title 49, United States Code, the Depart15 ment’s Working Capital Fund is hereby authorized to pro16 vide payments in advance to vendors that are necessary 

17 to carry out the Federal transit pass transportation fringe 

18 benefit program under Executive Order 13150 and section 

19 3049 of Public Law 109–59: Provided, That the Depart20 ment shall include adequate safeguards in the contract 

21 with the vendors to ensure timely and high-quality per22 formance under the contract. 

23 SEC. 194. (a) In the explanatory statement contained 

24 in House Report 106–940 accompanying Public Law 106– 

25 346 (114 Stat. 1356A), in the table of projects under the 
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1 heading ‘‘Capital Investments Grants’’, the item relating 

2 to ‘‘Lowell, Massachusetts-Nashua, New Hampshire Com3 muter Rail Project’’ is deemed to be amended by inserting 

4 ‘‘and Manchester’’ after ‘‘Nashua’’. 

5 (b) Notwithstanding any other provision of law, funds 

6 made available under the Federal Transit Administration 

7 Capital Investment Grants Account in fiscal year 2008 

8 (Public Law 110–161) for METRA Connects Southeast 

9 Service, Illinois, METRA Star Line, Illinois, METRA 

10 Union Pacific Northwest Line, Illinois, METRA Union 

11 Pacific West Line, Illinois and funds made available in 

12 fiscal year 2009 (Public Law 111–8) for METRA, Illinois, 

13 shall be made available until September 30, 2012. 

14 (c) Of the $1,000,000 appropriated under the head15 ing ‘‘General Provisions’’ in Public Law 108–7 for Juneau 

16 Heliport, Alaska, the unobligated balance shall be avail17 able for improvements to bridges owned by the City and 

18 Borough of Juneau, Alaska. 

19 (d) Notwithstanding any other provision of law, funds 

20 made available in Public Law 111–8 for ‘‘Phase 3 Rail 

21 Rehabilitation in Redwood Falls, MN’’ shall be available 

22 for obligation and expenditure for ‘‘Minnesota Valley Re23 gional Rail Authority, MN.’’ 

24 (e) Funds made available for the City of Las Vegas, 

25 NV ‘‘Bonneville Clark Couplet’’ through Department of 
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1 Transportation Appropriations Acts for fiscal year 2009 

2 (Public Law 111–8) and fiscal year 2010 (Public Law 

3 111–17) that remain unobligated or unexpended shall be 

4 made available to the ‘‘Decatur Boulevard/Charleston 

5 Boulevard Intersection Improvements’’ in Las Vegas, Ne6 vada. 

7 (f) In the explanatory statement referenced in section 

8 186 of division K of Public Law 110–161, the item relat9 ing to ‘‘Walton Boulevard Bridge widening, MI’’ is deemed 

10 to be amended by striking ‘‘Walton Boulevard Bridge wid11 ening, MI’’ and inserting ‘‘Avon Road Bridge and 

12 Livernois Road Bridge Reconstruction, MI’’. 

13 (g) Notwithstanding any other provision of law, the 

14 amounts made available for the Interstate 579 Cap–Urban 

15 Green Space and Park Plaza, Pittsburgh, Pennsylvania, 

16 by the explanatory statement accompanying the Consoli17 dated Appropriations Act, 2010 (Public Law 111–117; 

18 123 Stat. 3034), shall be used for projects for street, traf19 fic flow, pedestrian, and streetscape improvements in 

20 Pittsburgh, Pennsylvania. 

21 (h) The explanatory statement referenced in section 

22 186 of title I of division A of Public Law 111–117 for 

23 ‘‘Alternative analysis’’ under ‘‘Federal Transit Adminis24 tration—Formula and Bus Grants’’ is deemed to be 

25 amended by striking ‘‘Hudson-Bergen MOS–2 Northern 
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1 NJ’’ and inserting ‘‘Hudson-Bergen Light Rail Extension 

2 Route 440, Jersey City, NJ.’’ 

3 (i) In the explanatory statement referenced in section 

4 186 of title I of division I of Public Law 111–8, the item 

5 relating to ‘‘Starkweather Creek Parkway Bike Path, WI’’ 

6 in the table of projects under the heading ‘‘Transpor7 tation, Community, and System Preservation Program’’ is 

8 deemed to be amended by striking ‘‘Starkweather Creek 

9 Parkway Bike Path, WI’’ and inserting ‘‘Military Ridge 

10 Trail/Cannonball Path multi-purpose bike and pedestrian 

11 bridge, WI’’. 

12 (j) Public Law 111–8 is amended by striking ‘‘Con13 struct On/Off Ramps Connecting I–20 to Cotton Flat 

14 Road’’ and inserting ‘‘Make Improvements to the I–20/ 

15 250 Loop Interchange Project’’. 

16 (k) The Secretary of Transportation shall not reallo17 cate capital investment funds made available for the I– 

18 69 HOV/BRT, Mississippi, project and section 5309 bus 

19 funds made available to the LOU Public Transit System, 

20 Oxford, MS, in Public Law 110–161 and the accom21 panying explanatory statement. 

22 (l) Amounts provided for Provo Orem Bus Rapid 

23 Transit, in Public Law 110–161 shall not be reallocated 

24 and shall be made available for Provo Orem Bus Rapid 

25 Transit and intermodal terminals. 
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1 (m) Funding provided for ‘‘Pierce Transit Peninsula 

2 Park & Ride, WA’’ under Bus and Bus Facilities in Public 

3 Law 110–161 shall be made available for ‘‘Pierce Transit 

4 Vehicle Replacement’’. 

5 (n) The explanatory statement accompanying the 

6 Fiscal Year 2003 Consolidated Appropriations Act shall 

7 be deemed to be amended by striking ‘‘Ways to Work— 

8 EPIC Yakima’’ and inserting ‘‘Ways to Work, Metropoli9 tan Family Service, SW Washington’’. 

10 (o) The explanatory statement accompanying the Fis11 cal Year 2004 Consolidated Appropriations Act shall be 

12 deemed to be amended by striking ‘‘Ellensburg Inter13 change I–90, Milepost 108.31, Washington’’ and inserting 

14 ‘‘I–90 Ellensburg vicinity—US 97 and local roadway im15 provements’’. 

16 (p) The explanatory statement accompanying the Fis17 cal Year 2004 Consolidated Appropriations Act shall be 

18 deemed to be amended by striking ‘‘SR 31, All Weather 

19 Roadway Construction and Widening, Pend Oreille Coun20 ty, Washington’’ and inserting ‘‘SR 31 Corridor Improve21 ments and local transportation projects (Pend Oreille 

22 County)’’. 

23 (q) Notwithstanding any other provision of law, the 

24 funding made available for the Schuylkill Valley Metro 

25 project through the Department of Transportation Appro-
82 

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1 priations Acts for Federal Fiscal Year 2007, 2008 and 

2 2009 shall remain available for that project during Fed3 eral fiscal years 2010 and 2011. 

4 (r) Notwithstanding any other provision of law, the 

5 $10,976,000 appropriated for the CORRIDORone Re6 gional Rail Project in Pennsylvania under the Capital In7 vestment Grants account in division K of the Consolidated 

8 Appropriations Act, 2008 (Public Law 110–161) shall be 

9 available for obligation until September 30, 2012. 

10 (s) Notwithstanding any other provision of law, of the 

11 $2,500,000 appropriated for the Alle-Kiski Connector 

12 Bridge in Department of Transportation Appropriations 

13 Act, 2005, Public Law 108–447, $2,100,000 shall be 

14 available for right of way, design, and construction activi15 ties for the Hulton Bridge in Oakmont, Pennsylvania and 

16 $400,000 shall be available for a feasibility study for con17 struction of the Alle-Kiski Connector Bridge. 

18 (t) Notwithstanding any other provision of law, the 

19 funding made available for the Franklin Street Station 

20 Restoration (BARTA) through the Department of Trans21 portation Appropriations Act of Federal Fiscal Year 2008 

22 shall remain available for that project during Federal fis23 cal year 2011. 

24 (u) Funds provided for ‘‘I–85 NB Viaduct at SR 400 

25 NB—Exit Lane, GA’’ in Public Law 111–8 shall be made 
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1 available for ‘‘I–285/Ashford Dunwoody Interchange Re2 construction’’. 

3 SEC. 195. (a) Section 3044(a) of Public Law 109– 

4 59 is amended— 

5 (1) By striking the project description in item 

6 422 and inserting, ‘‘Anchorage People Mover transit 

7 needs, Anchorage, AK.’’ 

8 (2) By striking the project description in item 

9 160 and inserting, ‘‘Nebraska Statewide Vehicles, 

10 Facilities and Related Equipment’’. 

11 (3) By striking the project description in item 

12 586 and inserting, ‘‘Nebraska Department of 

13 Roads—Statewide Vehicles, Facilities and Related 

14 Equipment’’. 

15 (b) All amounts made available in item 422 of section 

16 3044(a) of Public Law 109–59 which have not been obli17 gated by September 30, 2010 shall remain available for 

18 obligation until September 30, 2012. 

19 (c) Section 3046(a)(22) of Public Law 109–59 is 

20 amended— 

21 (1) In the paragraph heading, by striking 

22 ‘‘FUEL CELL-POWERED BUS’’ and inserting ‘‘HYDRO23 GEN-POWERED TRANSIT’’; and 

24 (2) By striking ‘‘Fuel Cell-Powered Bus’’ and 

25 inserting ‘‘Hydrogen-Powered Transit’’. 
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1 (d) Notwithstanding any other provision of law, the 

2 Secretary of Transportation shall not reallocate any fund3 ing made available for item 22 of section 3046 of Public 

4 Law 109–59. 

5 (e) In section 1702 of Public Law 109–59, Project 

6 Authorizations, under item No. 400, strike the existing 

7 text under Project Description and insert in lieu thereof 

8 ‘‘Road, sidewalk, and drainage construction and improve9 ments, City of Unalaska.’’ 

10 (f) The table contained in section 1702 of the Safe, 

11 Accountable, Flexible, Efficient Transportation Equity 

12 Act: A Legacy for Users (119 Stat 1256) is amended in 

13 item 1399 by striking the project description and inserting 

14 ‘‘I–40 Frontage Road Reconstruction in the City of Gal15 lup’’. 

16 (g) The table contained in section 1702 of the Safe, 

17 Accountable, Flexible, Efficient Transportation Equity 

18 Act: A Legacy for Users (119 Stat. 1256) is amended in 

19 item 54 by striking the project description and inserting 

20 ‘‘Study of a direct link to 1–80 and Iowa Highway 92, 

21 in proximity to Pella’’. 

22 (h) The table contained in section 1934(c) of the 

23 Safe, Accountable, Flexible, Efficient Transportation Eq24 uity Act: A Legacy for Users (119 Stat. 1485) is amended 

25 in item 105 by striking the project description and insert-
85 

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1 ing ‘‘Study of a direct link to 1–80 and Iowa Highway 

2 92, in proximity to Pella’’. 

3 (i) Amounts made available for the Cuming Street 

4 Transportation Improvement Project in items 4497 and 

5 4506 of section 1702 of the Safe, Accountable, Flexible, 

6 Efficient Transportation Equity Act: A Legacy for Users 

7 (Public Law 109–59) and in item 276 of section 1934(c) 

8 of such Act may be expended for— 

9 (1) lighting, landscaping, and pedestrian en10 hancements on Cuming Street from 16th Street to 

11 30th Street and on Burt Street from 31st Street to 

12 Florence Boulevard, including burial of certain over 

13 head utilities; 

14 (2) pedestrian safety improvements on 24th 

15 Street from Cuming Street to Davenport Street, in16 cluding the incorporation of traffic circles at Cass 

17 Street and Davenport Street and adjacent lighting, 

18 landscaping, and safety enhancements; and 

19 (3) the reconfiguration of the Dodge Street/ 

20 Douglas Street transition curve in conjunction with 

21 30th Street. 

22 (j) Section 1702 of the SAFETEA–LU: A Legacy for 

23 Users (Public Law 109–59, 119 Stat. 114, 1278; Public 

24 Law 110–244, 122 Stat. 1571, 1579) is amended by strik25 ing the project description in item 576 and inserting ‘‘De-
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1 sign, right-of-way acquisition and construction of Ne2 braska Highway 35 between Norfolk and South Sioux City 

3 and for design, right-of-way acquisition and construction 

4 of an interchange east of Dakota Avenue on I–129.’’ 

5 (k) Section 1702 of the SAFETEA–LU: A Legacy 

6 for Users (Public Law 109–59, 199 Stat. 1144, 1429; 

7 Public Law 110–224, 122 Stat. 1571, 1595) is amended 

8 by striking the project description in item 4507 and insert9 ing ‘‘Design, right-of-way acquisition and construction of 

10 Nebraska Highway 35 between Norfolk and south Sioux 

11 City and for design, right-of-way acquisition and construc12 tion of an interchange east of Dakota Avenue on I–129’’. 

13 (l) In Public Law 109–59, the table contained in sec14 tion 1702 of the Safe, Accountable, Flexible, Efficient 

15 Transportation Equity Act: A Legacy for Users (119 Stat. 

16 1256) is amended in item number 2406 (119 Stat. 1350) 

17 by striking ‘‘in Fort Worth’’ in the project description and 

18 inserting ‘‘, or construct SH 199 (Henderson St.) through 

19 the Trinity Uptown Project between the West Fork and 

20 Clear Fork of the Trinity River, in Fort Worth’’. 

21 (m)(1) The project description in item 3730 under 

22 section 1702 of the Safe, Accountable, Flexible, Efficient 

23 Transportation Equity Act: A Legacy for Users (Public 

24 Law 109–59, 119 Stat. 1400) is amended by adding at 
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1 the end the following: ‘‘(to include the Montgomery Outer 

2 Loop)’’. 

3 (n) The project description in item 16 under section 

4 1934(c) of the Safe, Accountable, Flexible, Efficient 

5 Transportation Equity Act: A Legacy for Users (Public 

6 Law 109–59, 119 Stat. 1486) is amended by adding at 

7 the end the following: ‘‘(to include the Montgomery Outer 

8 Loop)’’. 

9 (o) The SAFETEA–LU (Public Law 109–59) is 

10 amended— 

11 (1) in section 1702— 

12 (A) by striking project number 4892 (119 

13 Stat. 1443); and 

14 (B) in project number 4924 (119 Stat. 

15 444), by striking the project amount and insert16 ing ‘‘$6,149,733.82’’; and 

17 (2) in section 1934— 

18 (A) by striking project number 374 (119 

19 Stat. 1505); and 

20 (B) in project number 382 (119 Stat. 

21 1505), by striking the project amount and in22 serting ‘‘$20,446,640’’. 

23 (p) Item 3557 of section 1702 of Public Law 109– 

24 59 is amended by striking ‘‘Improve Mill Plain Blvd be25 tween SE 172nd and SE 192nd in Vancouver’’ and insert-
88 

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1 ing ‘‘Extend 18th Street between 87th Avenue and NE 

2 192nd Avenue in Vancouver’’. 

3 (q) Item 744 of section 1702 of Public Law 109–59 

4 is amended by striking ‘‘Widen I–5 through Lewis Coun5 ty’’ and inserting ‘‘I–5 Frontage Road and I–5 Inter6 change Improvements in Lewis County’’. 

7 (r) Item 2827 of section 1702 of Public Law 109– 

8 59 is amended by striking ‘‘Construct SR 9 Pedestrian 

9 Overpass in Arlington’’ and inserting ‘‘State Route 9/ 

10 Crown Ridge Blvd. Improvements’’. 

11 (s) Item 249 of section 1702 of Public Law 109–59 

12 is amended by striking ‘‘Complete preliminary engineering 

13 and environmental analysis for SR14 through Camas and 

14 Washougal’’ and inserting ‘‘Complete preliminary engi15 neering, environmental and construction for SR 14 

16 through Camas and Washougal’’. 

17 SEC. 196. The Secretary shall continue an inde18 pendent and comprehensive study and analysis to supple19 ment that authorized under section 108, division C, of 

20 Public Law 111–8: Provided, That additional funding will 

21 help to engage stakeholders and Federal partners by cre22 ating a multi-agency task force funded to formulate 

23 DOT’s coordination with the Departments of Energy, 

24 Commerce and Agriculture to ensure a comprehensive un25 derstanding of the full value of river flow support to users 
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1 in the Mississippi and Missouri Rivers: Provided further, 

2 That subjects of analysis shall include energy (including 

3 hydropower and generation cooling), and water transport 

4 (including water-compelled rates, projected total transpor5 tation congestion considerations, transportation energy ef6 ficiency, air quality and carbon emissions) and water users 

7 (including the number and distribution of people, house8 holds, municipalities, and business throughout the Mis9 souri and Mississippi River basins who use river water for 

10 multiple purposes): Provided further, That in addition to 

11 understanding current value, the Department is directed 

12 to work with appropriate Federal partners to develop rec13 ommendations on how to minimize impediments to growth 

14 and maximize water value of benefits related to energy 

15 production and efficiency, congestion relief, trade and 

16 transport efficiency, and air quality: Provided further, 

17 That the Department of Transportation shall provide its 

18 analysis and recommendations to the U.S. Army Corps of 

19 Engineers, the White House, and the Congress no later 

20 than January 2012: Provided further, That $2,000,000 is 

21 available until expended for such purposes. 

22 This title may be cited as the Department of Trans23 portation Appropriations Act, 2011. 
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1 TITLE II 

2 DEPARTMENT OF HOUSING AND URBAN 

3 DEVELOPMENT 

4 MANAGEMENT AND ADMINISTRATION

5 EXECUTIVE DIRECTION

6 For necessary salaries and expenses for Executive Di7 rection, $30,265,000, of which not to exceed $7,674,000 

8 shall be available for the immediate Office of the Secretary 

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

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

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

12 and Disadvantaged Business Utilization; not to exceed 

13 $999,000 shall be available for the immediate Office of 

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

15 be available for the immediate Office of the General Coun16 sel; not to exceed $2,709,000 shall be available to the Of17 fice of the Assistant Secretary for Congressional and 

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

19 shall be available for the Office of the Assistant Secretary 

20 for Public Affairs; not to exceed $2,163,000 shall be avail21 able to the Office of the Assistant Secretary for Public 

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

23 available to the Office of the Assistant Secretary for Com24 munity Planning and Development; not to exceed 

25 $3,565,000 shall be available to the Office of the Assistant 
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1 Secretary for Housing, Federal Housing Commissioner; 

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

3 of the Assistant Secretary for Policy Development and Re4 search; and not to exceed $945,000 shall be available to 

5 the Office of the Assistant Secretary for Fair Housing and 

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

7 available to the Office of the Chief Operating Officer: Pro8 vided, That the Secretary of the Department of Housing 

9 and Urban Development is authorized to transfer funds 

10 appropriated for any office funded under this heading to 

11 any other office funded under this heading following the 

12 written notification to the House and Senate Committees 

13 on Appropriations: Provided further, That the Secretary 

14 shall provide the Committees on Appropriations quarterly 

15 written notification regarding the status of pending con16 gressional reports: Provided further, That the Secretary 

17 shall provide all signed reports required by Congress elec18 tronically: Provided further, That not to exceed $25,000 

19 of the amount made available under this paragraph for 

20 the immediate Office of the Secretary shall be available 

21 for official reception and representation expenses as the 

22 Secretary may determine. 

23 ADMINISTRATION, OPERATIONS AND MANAGEMENT

24 For necessary salaries and expenses for administra25 tion, operations and management for the Department of 
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1 Housing and Urban Development, $528,845,635, of which 

2 not to exceed $65,120,000 shall be available for the per3 sonnel compensation and benefits of the Office of the 

4 Chief Human Capital Officer; not to exceed $9,122,000 

5 shall be available for the personnel compensation and ben6 efits of the Office of Departmental Operations and Coordi7 nation; not to exceed $49,090,000 shall be available for 

8 the personnel compensation and benefits of the Office of 

9 Field Policy and Management; not to exceed $15,931,635 

10 shall be available for the personnel compensation and ben11 efits of the Office of the Chief Procurement Officer; not 

12 to exceed $33,831,000 shall be available for the personnel 

13 compensation and benefits of the remaining staff in the 

14 Office of the Chief Financial Officer; not to exceed 

15 $86,482,000 shall be available for the personnel com16 pensation and benefits of the remaining staff in the Office 

17 of the General Counsel; not to exceed $3,296,000 shall 

18 be available for the personnel compensation and benefits 

19 of the Office of Departmental Equal Employment Oppor20 tunity; not to exceed $1,316,000 shall be available for the 

21 personnel compensation and benefits for the Center for 

22 Faith-Based and Community Initiatives; not to exceed 

23 $2,887,000 shall be available for the personnel compensa24 tion and benefits for the Office of Sustainability; not to 

25 exceed $4,445,000 shall be available for the personnel 
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1 compensation and benefits for the Office of Strategic 

2 Planning and Management; not to exceed $4,875,000 shall 

3 be available for the personnel compensation and benefits 

4 for the Office of the Chief Disaster and Emergency Man5 agement Officer; and not to exceed $252,450,000 shall be 

6 available for nonpersonnel expenses of the Department of 

7 Housing and Urban Development: Provided, That, funds 

8 provided under this heading may be used for necessary 

9 administrative and nonadministrative expenses of the De10 partment of Housing and Urban Development, not other11 wise provided for, including purchase of uniforms, or al12 lowances therefor, as authorized by 5 U.S.C. 5901–5902; 

13 hire of passenger motor vehicles; services as authorized by 

14 5 U.S.C. 3109: Provided further, That notwithstanding 

15 any other provision of law, funds appropriated under this 

16 heading may be used for advertising and promotional ac17 tivities that support the housing mission area. 

18 PERSONNEL COMPENSATION AND BENEFITS

19 PUBLIC AND INDIAN HOUSING

20 For necessary personnel compensation and benefits 

21 expenses of the Office of Public and Indian Housing, 

22 $195,508,000. 
94 

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1 COMMUNITY PLANNING AND DEVELOPMENT

2 For necessary personnel compensation and benefits 

3 expenses of the Office of Community Planning and Devel4 opment mission area, $105,281,000. 

5 HOUSING

6 For necessary personnel compensation and benefits 

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

8 OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE

9 ASSOCIATION

10 For necessary personnel compensation and benefits 

11 expenses of the Office of the Government National Mort12 gage Association, $16,000,000, to be derived from the 

13 GNMA guarantees of mortgage backed securities guaran14 teed loan receipt account. 

15 POLICY DEVELOPMENT AND RESEARCH

16 For necessary personnel compensation and benefits 

17 expenses of the Office of Policy Development and Re18 search, $22,556,421. 

19 FAIR HOUSING AND EQUAL OPPORTUNITY

20 For necessary personnel compensation and benefits 

21 expenses of the Office of Fair Housing and Equal Oppor22 tunity, $70,363,435. 
95 

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1 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

2 CONTROL

3 For necessary personnel compensation and benefits 

4 expenses of the Office of Healthy Homes and Lead Haz5 ard Control, $7,151,000. 

6 PUBLIC AND INDIAN HOUSING

7 TENANT-BASED RENTAL ASSISTANCE

8 (INCLUDING TRANSFER OF FUNDS)

9 For activities and assistance for the provision of ten10 ant-based rental assistance authorized under the United 

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

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

13 $15,495,663,183, to remain available until expended, shall 

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

15 $4,000,000,000 previously appropriated under this head16 ing that will become available on October 1, 2010), and 

17 $4,000,000,000, to remain available until expended, shall 

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

19 amounts made available under this heading are provided 

20 as follows: 

21 (1) $17,165,000,000 shall be available for re22 newals of expiring section 8 tenant-based annual 

23 contributions contracts (including renewals of en24 hanced vouchers under any provision of law author25 izing such assistance under section 8(t) of the Act) 
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1 and including renewal of other special purpose 

2 vouchers initially funded in fiscal years 2009 and 

3 2010 (such as Family Unification, Veterans Affairs 

4 Supportive Housing Vouchers and Non-elderly Dis5 abled Vouchers): Provided, That notwithstanding 

6 any other provision of law, from amounts provided 

7 under this paragraph and any carryover, the Sec8 retary for the calendar year 2011 funding cycle shall 

9 provide renewal funding for each public housing 

10 agency based on validated voucher management sys11 tem (VMS) leasing and cost data for calendar year 

12 2010 and by applying the most recent Annual Ad13 justment Factor as established by the Secretary, and 

14 by making any necessary adjustments for the costs 

15 associated with the first-time renewal of vouchers 

16 under this paragraph including tenant protection, 

17 and HOPE VI vouchers: Provided further, That 

18 none of the funds provided under this paragraph 

19 may be used to fund a total number of unit months 

20 under lease which exceeds a public housing agency’s 

21 authorized level of units under contract, except for 

22 public housing agencies participating in the Moving 

23 to Work demonstration, which are instead governed 

24 by the terms and conditions of their MTW agree25 ments: Provided further, That the Secretary shall, to 
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1 the extent necessary to stay within the amount spec2 ified under this paragraph, pro rate each public 

3 housing agency’s allocation otherwise established 

4 pursuant to this paragraph: Provided further, That 

5 except as provided in the following provisos, the en6 tire amount specified under this paragraph shall be 

7 obligated to the public housing agencies based on the 

8 allocation and pro rata method described above, and 

9 the Secretary shall notify public housing agencies of 

10 their annual budget not later than 60 days after en11 actment of this Act: Provided further, That the Sec12 retary may extend the 60-day notification period 

13 with the prior written approval of the House and 

14 Senate Committees on Appropriations: Provided fur15 ther, That public housing agencies participating in 

16 the Moving to Work demonstration shall be funded 

17 pursuant to their Moving to Work agreements and 

18 shall be subject to the same pro rata adjustments 

19 under the previous provisos: Provided further, That 

20 up to $150,000,000 shall be available only: (1) to 

21 adjust the allocations for public housing agencies, 

22 after application for an adjustment by a public hous23 ing agency that experienced a significant increase, as 

24 determined by the Secretary, in renewal costs of ten25 ant-based rental assistance resulting from unfore-
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1 seen circumstances or from portability under section 

2 8(r) of the Act; (2) for vouchers that were not in use 

3 during the 12-month period in order to be available 

4 to meet a commitment pursuant to section 8(o)(13) 

5 of the Act; (3) for any increase in the costs associ6 ated with deposits to family self-sufficiency program 

7 escrow accounts; (4) for one-time adjustments of re8 newal funding for public housing agencies in receiv9 ership with approved fungibility plans for calendar 

10 year 2009 as authorized in section 11003 of the 

11 Consolidated Security, Disaster Assistance, and Con12 tinuing Appropriations Act, 2009 (Public Law 110– 

13 329); or (5) to adjust allocations for public housing 

14 agencies to prevent termination of assistance to fam15 ilies receiving assistance under the disaster voucher 

16 program, as authorized by Public Law 109–148 

17 under the heading ‘‘Tenant-Based Rental Assist18 ance’’: Provided further, That the Secretary shall al19 locate amounts under the previous proviso based on 

20 need as determined by the Secretary: Provided fur21 ther, That of the amounts made available under this 

22 paragraph, up to $100,000,000 may be transferred 

23 to and merged with the appropriation for ‘‘Trans24 formation Initiative’’; 
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1 (2) $125,000,000 shall be for section 8 rental 

2 assistance for relocation and replacement of housing 

3 units that are demolished or disposed of pursuant to 

4 the Omnibus Consolidated Rescissions and Appro5 priations Act of 1996 (Public Law 104–134), con6 version of section 23 projects to assistance under 

7 section 8, the family unification program under sec8 tion 8(x) of the Act, relocation of witnesses in con9 nection with efforts to combat crime in public and 

10 assisted housing pursuant to a request from a law 

11 enforcement or prosecution agency, enhanced vouch12 ers under any provision of law authorizing such as13 sistance under section 8(t) of the Act, HOPE VI 

14 vouchers, mandatory and voluntary conversions, and 

15 tenant protection assistance including replacement 

16 and relocation assistance or for project based assist17 ance to prevent the displacement of unassisted elder18 ly tenants currently residing in section 202 prop19 erties financed between 1959 and 1974 that are refi20 nanced pursuant to Public Law 106–569, as amend21 ed, or under the authority as provided under this 

22 Act: Provided, That the Secretary may provide re23 placement vouchers for all units that were occupied 

24 only within the previous 24 months that cease to be 
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1 available as assisted housing, subject only to the 

2 availability of funds; 

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

4 and other expenses of public housing agencies in ad5 ministering the section 8 tenant-based rental assist6 ance program, of which up to $50,000,000 shall be 

7 available to the Secretary to allocate to public hous8 ing agencies that need additional funds to admin9 ister their section 8 programs, including fees associ10 ated with section 8 tenant protection rental assist11 ance, the administration of disaster related vouchers, 

12 Veterans Affairs Supportive Housing vouchers, and 

13 other incremental vouchers: Provided, That no less 

14 than $1,741,000,000 of the amount provided in this 

15 paragraph shall be allocated to public housing agen16 cies for the calendar year 2011 funding cycle based 

17 on section 8(q) of the Act (and related Appropria18 tion Act provisions) as in effect immediately before 

19 the enactment of the Quality Housing and Work Re20 sponsibility Act of 1998 (Public Law 105–276): Pro21 vided further, That if the amounts made available 

22 under this paragraph are insufficient to pay the 

23 amounts determined under the previous proviso, the 

24 Secretary may decrease the amounts allocated to 

25 agencies by a uniform percentage applicable to all 
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1 agencies receiving funding under this paragraph or 

2 may, to the extent necessary to provide full payment 

3 of amounts determined under the previous proviso, 

4 utilize unobligated balances, including recaptures 

5 and carryovers, remaining from funds appropriated 

6 to the Department of Housing and Urban Develop7 ment under this heading, for fiscal year 2010 and 

8 prior fiscal years, notwithstanding the purposes for 

9 which such amounts were appropriated: Provided 

10 further, That amounts provided under this para11 graph shall be only for activities related to the provi12 sion of tenant-based rental assistance authorized 

13 under section 8, including related development ac14 tivities: Provided further, That of the total amount 

15 provided under this paragraph, $60,000,000 shall be 

16 available for family self-sufficiency coordinators 

17 under section 23 of the Act; 

18 (4) $15,000,000 for incremental voucher assist19 ance through the Family Unification Program: Pro20 vided, That the assistance made available under this 

21 paragraph shall continue to remain available for 

22 family unification upon turnover: Provided further, 

23 That the Secretary of Housing and Urban Develop24 ment shall make such funding available, notwith25 standing section 204 (competition provision) of this 
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1 title, to entities with demonstrated experience and 

2 resources for supportive services; 

3 (5) $113,663,183 for renewal of tenant-based 

4 assistance contracts under section 811 of the Cran5 ston-Gonzalez National Affordable Housing Act (42 

6 U.S.C. 8013) entered into prior to fiscal year 2007; 

7 (6) $75,000,000 for incremental rental voucher 

8 assistance for use through a supported housing pro9 gram administered in conjunction with the Depart10 ment of Veterans Affairs as authorized under section 

11 8(o)(19) of the United States Housing Act of 1937: 

12 Provided, That the Secretary of Housing and Urban 

13 Development shall make such funding available, not14 withstanding section 204 (competition provision) of 

15 this title, to public housing agencies that partner 

16 with eligible VA Medical Centers or other entities as 

17 designated by the Secretary of the Department of 

18 Veterans Affairs, based on geographical need for 

19 such assistance as identified by the Secretary of the 

20 Department of Veterans Affairs, public housing 

21 agency administrative performance, and other fac22 tors as specified by the Secretary of Housing and 

23 Urban Development in consultation with the Sec24 retary of the Department of Veterans Affairs: Pro25 vided further, That the Secretary of Housing and 
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1 Urban Development may waive, or specify alter2 native requirements for (in consultation with the 

3 Secretary of the Department of Veterans Affairs), 

4 any provision of any statute or regulation that the 

5 Secretary of Housing and Urban Development ad6 ministers in connection with the use of funds made 

7 available under this paragraph (except for require8 ments related to fair housing, nondiscrimination, 

9 labor standards, and the environment), upon a find10 ing by the Secretary that any such waivers or alter11 native requirements are necessary for the effective 

12 delivery and administration of such voucher assist13 ance: Provided further, That assistance made avail14 able under this paragraph shall continue to remain 

15 available for homeless veterans upon turn-over; 

16 (7) up to $66,000,000 for incremental tenant17 based assistance for eligible families assisted under 

18 the Disaster Housing Assistance Program for Hurri19 canes Ike and Gustav: Provided, That these vouchers 

20 will not be re-issued when families leave the pro21 gram; 

22 (8) $85,000,000 for incremental voucher assist23 ance under section 8(o) of the United States Hous24 ing Act of 1937, including related administrative ex25 penses, for two competitive demonstration programs 
104 

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1 to address the needs of families and individuals who 

2 are homeless or at risk of homelessness, as defined 

3 by the Secretary of Housing and Urban Develop4 ment, to be administered by the Department of 

5 Housing and Urban Development in conjunction 

6 with the Department of Health and Human Services 

7 and the Department of Education: Provided, That 

8 one demonstration program shall make funding 

9 available to public housing agencies that: (1) partner 

10 with eligible State or local entities responsible for 

11 distributing Temporary Assistance for Needy Fami12 lies (TANF) and other health and human services as 

13 designated by the Secretary of the Department of 

14 Health and Human Services, and (2) partner with 

15 school homelessness liaisons funded through the De16 partment of Education’s Education for Homeless 

17 Children and Youths program: Provided further, 

18 That the other demonstration program shall make 

19 funding available to public housing agencies that 

20 partner with eligible state Medicaid agencies and 

21 State behavioral health entities as designated by the 

22 Secretary of the Department of Health and Human 

23 Services to provide housing in conjunction with Med24 icaid case management, substance abuse treatment, 

25 and mental health services: Provided further, That 
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1 the Secretary of Housing and Urban Development 

2 shall make the funding specified in this subsection 

3 available through such allocation procedures as the 

4 Secretary determines to be appropriate, notwith5 standing section 213 of the Housing and Community 

6 Development Act of 1974 (42 U.S.C. 1439) and sec7 tion 204 (competition provision) of this title, to enti8 ties with demonstrated experience and that meet 

9 such other requirements as determined by the Sec10 retary: Provided further, That the Secretary of 

11 Housing and Urban Development may waive, or 

12 specify alternative requirements for any provision of 

13 any statute or regulation that the Secretary of 

14 Housing and Urban Development administers in 

15 connection with the use of funds made available 

16 under this paragraph (except for requirements re17 lated to fair housing, nondiscrimination, labor stand18 ards, and the environment), upon a finding by the 

19 Secretary that any such waivers or alternative re20 quirements are necessary for the effective delivery 

21 and administration of such voucher assistance: Pro22 vided further, That the Secretary shall publish in the 

23 Federal Register any waiver of any statute or regu24 lation that the Secretary administers pursuant to 

25 this subsection no later than 10 days before the ef-
106 

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1 fective date of such waiver: Provided further, That 

2 assistance made available under this subsection shall 

3 continue to remain available for these purposes upon 

4 turn-over. 

5 HOUSING CERTIFICATE FUND

6 (RESCISSION)

7 Unobligated balances, including recaptures and car8 ryover, remaining from funds appropriated to the Depart9 ment of Housing and Urban Development under this 

10 heading, the heading ‘‘Annual Contributions for Assisted 

11 Housing’’ and the heading ‘‘Project-Based Rental Assist12 ance’’, for fiscal year 2011 and prior years may be used 

13 for renewal of or amendments to section 8 project-based 

14 contracts and for performance-based contract administra15 tors, notwithstanding the purposes for which such funds 

16 were appropriated: Provided, That any obligated balances 

17 of contract authority from fiscal year 1974 and prior that 

18 have been terminated shall be cancelled: Provided further, 

19 That amounts heretofore recaptured, or recaptured during 

20 the current fiscal year, from project-based section 8 con21 tracts from source years fiscal year 1975 through fiscal 

22 year 1987 are hereby rescinded, and an amount of addi23 tional new budget authority, equivalent to the amount re24 scinded is hereby appropriated, to remain available until 
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1 expended, for the purposes set forth under this heading, 

2 in addition to amounts otherwise available. 

3 PUBLIC HOUSING CAPITAL FUND

4 For the Public Housing Capital Fund Program to 

5 carry out capital and management activities for public 

6 housing agencies, as authorized under section 9 of the 

7 United States Housing Act of 1937 (42 U.S.C. 1437g) 

8 (the ‘‘Act’’) $2,510,000,000, to remain available until 

9 September 30, 2014: Provided, That notwithstanding any 

10 other provision of law or regulation, during fiscal year 

11 2011 the Secretary of Housing and Urban Development 

12 may not delegate to any Department official other than 

13 the Deputy Secretary and the Assistant Secretary for 

14 Public and Indian Housing any authority under paragraph 

15 (2) of section 9(j) regarding the extension of the time peri16 ods under such section: Provided further, That for pur17 poses of such section 9(j), the term ‘‘obligate’’ means, with 

18 respect to amounts, that the amounts are subject to a 

19 binding agreement that will result in outlays, immediately 

20 or in the future: Provided further, That up to $15,345,000 

21 shall be to support the ongoing Public Housing Financial 

22 and Physical Assessment activities of the Real Estate As23 sessment Center (REAC): Provided further, That of the 

24 total amount provided under this heading, not to exceed 

25 $30,000,000 shall be available for the Secretary to make 
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1 grants, notwithstanding section 204 of this Act, to public 

2 housing agencies for emergency capital needs including 

3 safety and security measures necessary to address crime 

4 and drug-related activity as well as needs resulting from 

5 unforeseen or unpreventable emergencies and natural dis6 asters excluding Presidentially declared emergencies and 

7 natural disasters under the Robert T. Stafford Disaster 

8 Relief and Emergency Act (42 U.S.C. 5121 et seq.) occur9 ring in fiscal year 2011: Provided further, That of the 

10 amounts made available under the previous proviso, not 

11 less than $10,000,000 shall be for safety and security 

12 measures: Provided further, That of the amounts provided 

13 under this heading up to $40,000,000 may be for grants 

14 to be competitively awarded to public housing agencies for 

15 the construction, rehabilitation or purchase of facilities to 

16 be used to provide early education, adult education, job 

17 training or other appropriate services to public housing 

18 residents: Provided further, That the Department of Hous19 ing and Urban Development shall publish a notice of fund20 ing availability within 90 days of the enactment of this 

21 Act: Provided further, That grantees shall demonstrate an 

22 ability to leverage other Federal, State, local or private 

23 resources for the construction, rehabilitation or acquisition 

24 of such facilities, and that selected grantees shall dem25 onstrate a capacity to pay the long-term costs of operating 
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1 such facilities: Provided further, That of the total amount 

2 provided under this heading, $50,000,000 shall be for sup3 portive services, service coordinators and congregate serv4 ices as authorized by section 34 of the Act (42 U.S.C. 

5 1437z–6) and the Native American Housing Assistance 

6 and Self-Determination Act of 1996 (25 U.S.C. 4101 et 

7 seq.): Provided further, That of the total amount provided 

8 under this heading up to $8,820,000 is to support the 

9 costs of administrative and judicial receiverships: Provided 

10 further, That from the funds made available under this 

11 heading, the Secretary shall provide bonus awards in fiscal 

12 year 2011 to public housing agencies that are designated 

13 high performers. 

14 PUBLIC HOUSING OPERATING FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 For 2011 payments to public housing agencies for the 

17 operation and management of public housing, as author18 ized by section 9(e) of the United States Housing Act of 

19 1937 (42 U.S.C. 1437g(e)), $4,829,000,000: Provided, 

20 That, in fiscal year 2009 and all fiscal years hereafter, 

21 no amounts under this heading in any appropriations Act 

22 may be used for payments to public housing agencies for 

23 the costs of operation and management of public housing 

24 for any year prior to the current year of such Act. 
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1 CHOICE NEIGHBORHOODS

2 For competitive grants under the Choice Neighbor3 hoods Initiative (subject to section 24 of the United States 

4 Housing Act of 1937 (42 U.S.C. 1437v) unless otherwise 

5 specified under this heading for transformation, rehabili6 tation and replacement housing needs of both public and 

7 HUD-assisted housing and to transform neighborhoods of 

8 poverty into functioning, sustainable mixed income neigh9 borhoods with appropriate services, schools, public assets, 

10 transportation and access to jobs, $250,000,000, to re11 main available until September 30, 2014: Provided, That 

12 grant funds may be used for resident and community serv13 ices, community development and affordable housing 

14 needs in the community, and for conversion of vacant or 

15 foreclosed properties to affordable housing: Provided fur16 ther, That grantees shall undertake comprehensive local 

17 planning with input from residents and the community, 

18 and that grantees shall provide a match in State, local, 

19 other Federal or private funds: Provided further, That 

20 grantees may include local governments, public housing 

21 authorities, and nonprofits: Provided further, That for22 profit developers may apply jointly with a public entity: 

23 Provided further, That of the amount provided not less 

24 than $135,000,000 shall be awarded to public housing au25 thorities: Provided further, That such grantees shall create 
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1 partnerships with other local organizations including as2 sisted housing owners, service agencies and resident orga3 nizations: Provided further, That the Secretary shall con4 sult with the Secretaries of Education, Labor, Transpor5 tation, Health and Human Services, Agriculture, and 

6 Commerce and the Administrator of the Environmental 

7 Protection Agency to coordinate and leverage other appro8 priate Federal resources: Provided further, That no more 

9 than 10 percent of funds made available under this head10 ing may be provided for planning grants to assist commu11 nities in developing comprehensive strategies for imple12 menting this program in conjunction with community no13 tice and input: Provided further, That the Secretary shall 

14 develop and publish guidelines for the use of such competi15 tive funds, including but not limited to eligible activities, 

16 program requirements, and performance metrics: Provided 

17 further, That all balances of amounts made available for 

18 the Choice Neighborhood Initiative under the heading Re19 vitalization of Severely Distressed Public Housing (HOPE 

20 VI) in the Department of Housing and Urban Develop21 ment Appropriations Act, 2010 shall be transferred to and 

22 merged with amounts made available under this heading. 

23 NATIVE AMERICAN HOUSING BLOCK GRANTS

24 For the Native American Housing Block Grants pro25 gram, as authorized under title I of the Native American 
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1 Housing Assistance and Self-Determination Act of 1996 

2 (NAHASDA) (25 U.S.C. 4111 et seq.), $700,000,000, to 

3 remain available until expended: Provided, That, notwith4 standing the Native American Housing Assistance and 

5 Self-Determination Act of 1996, to determine the amount 

6 of the allocation under title I of such Act for each Indian 

7 tribe, the Secretary shall apply the formula under section 

8 302 of such Act with the need component based on single9 race census data and with the need component based on 

10 multi-race census data, and the amount of the allocation 

11 for each Indian tribe shall be the greater of the two result12 ing allocation amounts: Provided further, That of the 

13 amounts made available under this heading, $3,500,000 

14 shall be contracted for assistance for a national organiza15 tion representing Native American housing interests for 

16 providing training and technical assistance to Indian hous17 ing authorities and tribally designated housing entities as 

18 authorized under NAHASDA; and $4,250,000 shall be to 

19 support the inspection of Indian housing units, contract 

20 expertise, training, and technical assistance in the train21 ing, oversight, and management of such Indian housing 

22 and tenant-based assistance, including up to $300,000 for 

23 related travel: Provided further, That of the amount pro24 vided under this heading, $2,000,000 shall be made avail25 able for the cost of guaranteed notes and other obligations, 
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1 as authorized by title VI of NAHASDA: Provided further, 

2 That such costs, including the costs of modifying such 

3 notes and other obligations, shall be as defined in section 

4 502 of the Congressional Budget Act of 1974, as amend5 ed: Provided further, That these funds are available to sub6 sidize the total principal amount of any notes and other 

7 obligations, any part of which is to be guaranteed, not to 

8 exceed $20,000,000. 

9 NATIVE HAWAIIAN HOUSING BLOCK GRANT

10 For the Native Hawaiian Housing Block Grant pro11 gram, as authorized under title VIII of the Native Amer12 ican Housing Assistance and Self-Determination Act of 

13 1996 (25 U.S.C. 4111 et seq.), $13,000,000, to remain 

14 available until expended: Provided, That of this amount, 

15 $300,000 shall be for training and technical assistance ac16 tivities, including up to $100,000 for related travel by Ha17 waii-based HUD employees. 

18 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

19 ACCOUNT

20 For the cost of guaranteed loans, as authorized by 

21 section 184 of the Housing and Community Development 

22 Act of 1992 (12 U.S.C. 1715z), $9,000,000, to remain 

23 available until expended: Provided, That such costs, in24 cluding the costs of modifying such loans, shall be as de25 fined in section 502 of the Congressional Budget Act of 
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1 1974: Provided further, That these funds are available to 

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

3 guaranteed, up to $994,000,000: Provided further, That 

4 up to $750,000 shall be for administrative contract ex5 penses including management processes and systems to 

6 carry out the loan guarantee program. 

7 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

8 PROGRAM ACCOUNT

9 For the cost of guaranteed loans, as authorized by 

10 section 184A of the Housing and Community Develop11 ment Act of 1992 (12 U.S.C. 1715z), $1,044,000, to re12 main available until expended: Provided, That such costs, 

13 including the costs of modifying such loans, shall be as 

14 defined in section 502 of the Congressional Budget Act 

15 of 1974: Provided further, That these funds are available 

16 to subsidize total loan principal, any part of which is to 

17 be guaranteed, not to exceed $41,504,255. 

18 COMMUNITY PLANNING AND DEVELOPMENT

19 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

20 For carrying out the Housing Opportunities for Per21 sons with AIDS program, as authorized by the AIDS 

22 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

23 $340,000,000, to remain available until September 30, 

24 2012, except that amounts allocated pursuant to section 

25 854(c)(3) of such Act shall remain available until Sep-
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1 tember 30, 2013: Provided, That the Secretary shall renew 

2 all expiring contracts for permanent supportive housing 

3 that were funded under section 854(c)(3) of such Act that 

4 meet all program requirements before awarding funds for 

5 new contracts and activities authorized under this section. 

6 COMMUNITY DEVELOPMENT FUND

7 For assistance to units of State and local govern8 ment, and to other entities, for economic and community 

9 development activities, and for other purposes, 

10 $4,450,000,000, to remain available until September 30, 

11 2013, unless otherwise specified: Provided, That of the 

12 total amount provided, $3,990,000,000 is for carrying out 

13 the community development block grant program under 

14 title I of the Housing and Community Development Act 

15 of 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 

16 et seq.): Provided further, That unless explicitly provided 

17 for under this heading (except for planning grants pro18 vided in the second paragraph and amounts made avail19 able under the third paragraph), not to exceed 20 percent 

20 of any grant made with funds appropriated under this 

21 heading shall be expended for planning and management 

22 development and administration: Provided further, That 

23 $65,000,000 shall be for grants to Indian tribes notwith24 standing section 106(a)(1) of such Act, of which, notwith25 standing any other provision of law (including section 204 
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1 of this Act), up to $3,960,000 may be used for emer2 gencies that constitute imminent threats to health and 

3 safety. 

4 Of the amount made available under this heading, 

5 $173,000,000 shall be available for grants for the Eco6 nomic Development Initiative (EDI) to finance a variety 

7 of targeted economic investments in accordance with the 

8 terms and conditions specified in the explanatory state9 ment accompanying this Act: Provided, That none of the 

10 funds provided under this paragraph may be used for pro11 gram operations: Provided further, That, for fiscal years 

12 2009, 2010 and 2011, no unobligated funds for EDI 

13 grants may be used for any purpose except acquisition, 

14 planning, design, purchase of equipment, revitalization, re15 development or construction. 

16 Of the amount made available under this heading, 

17 $22,000,000 shall be available for neighborhood initiatives 

18 that are utilized to improve the conditions of distressed 

19 and blighted areas and neighborhoods, to stimulate invest20 ment, economic diversification, and community revitaliza21 tion in areas with population outmigration or a stagnating 

22 or declining economic base, or to determine whether hous23 ing benefits can be integrated more effectively with welfare 

24 reform initiatives: Provided, That amounts made available 

25 under this paragraph shall be provided in accordance with 
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1 the terms and conditions specified in the explanatory 

2 statement accompanying this Act. 

3 The referenced explanatory statement for item 113 

4 under the heading ‘‘Community Development Fund’’ in 

5 title III of division A of Public Law 109–115 is deemed 

6 to be amended by striking ‘‘a pedestrian bridge’’ and in7 serting ‘‘pedestrian and disabled access improvements’’. 

8 The referenced statement of the managers under this 

9 heading in title II of division A of Public Law 111–117 

10 is deemed to be amended by striking ‘‘World Trade Center 

11 of St. Louis, MO for the construction of a commercializa12 tion center’’ and inserting ‘‘World Trade Center of St. 

13 Louis, MO for equipment and the construction of a com14 mercialization center’’. 

15 The referenced explanatory statement under this 

16 heading in division I of Public Law 111–8 is deemed to 

17 be amended with respect to ‘‘Providence Community Ac18 tion, RI’’ by striking ‘‘for purchase of a building to provide 

19 transitional housing for homeless families’ ’’ and inserting 

20 ‘‘for purchase and renovation of a building to provide 

21 transitional housing for homeless families’’. 

22 The referenced explanatory statement under this 

23 heading in title II of division I of Public Law 111–8 (123 

24 Stat. 524), is deemed to be amended with respect to ‘‘Jef25 ferson County, CO’’ by striking ‘‘for the purchase of a 
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1 15-unit apartment complex located in Golden, CO to pro2 vide housing for homeless veterans’’ and inserting ‘‘for the 

3 construction, purchase, or renovation of a facility to pro4 vide housing for homeless veterans’’. 

5 The referenced explanatory statement under this 

6 hearing in title II of division A of Public Law 111–117 

7 (123 Stat. 3034), is deemed to be amended with respect 

8 to the item relating to ‘‘Jefferson County, CO’’ by striking 

9 ‘‘For the housing authority to establish a new program 

10 of housing and supportive services for homeless vet11 erans’’and inserting ‘‘for the construction, purchase, or 

12 renovation of a facility to provide housing for homeless 

13 veterans’’. 

14 Of the amounts made available under this heading, 

15 $150,000,000 shall be made available for a Sustainable 

16 Communities Initiative to improve regional planning ef17 forts that integrate housing and transportation decisions, 

18 and increase the capacity to improve land use and zoning: 

19 Provided, That $100,000,000 shall be for Regional Inte20 grated Planning Grants to support the linking of transpor21 tation and land use planning: Provided further, That not 

22 less than $25,000,000 of the funding made available for 

23 Regional Integrated Planning Grants shall be awarded to 

24 metropolitan areas of less than 500,000: Provided further, 

25 That $40,000,000 shall be for Community Challenge 
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1 Planning Grants to foster reform and reduce barriers to 

2 achieve affordable, economically vital, and sustainable 

3 communities: Provided further, That the Secretary will 

4 consult with the Secretary of Transportation in evaluating 

5 grant proposals: Provided further, That up to $10,000,000 

6 shall be for a joint Department of Housing and Urban 

7 Development and Department of Transportation research 

8 effort that shall include a rigorous evaluation of the Re9 gional Integrated Planning Grants and Community Chal10 lenge Planning Grants programs, as well as to provide 

11 funding for a clearinghouse and capacity-building efforts: 

12 Provided further, That of the amounts made available 

13 under this heading, $25,000,000 shall be made available 

14 for the Rural Innovation Fund for grants to Indian tribes, 

15 State housing finance agencies, State community and/or 

16 economic development agencies, local rural nonprofits and 

17 community development corporations to address the prob18 lems of concentrated rural housing distress and commu19 nity poverty: Provided further, That of the funding made 

20 available under the previous proviso, at least $5,000,000 

21 shall be made available to promote economic development 

22 and entrepreneurship for federally recognized Indian 

23 Tribes, through activities including the capitalization of 

24 revolving loan programs and business planning and devel25 opment, funding is also made available for technical assist-
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1 ance to increase capacity through training and outreach 

2 activities: Provided further, That the Department of Hous3 ing and Urban Development shall publish a notice of fund4 ing availability for the Rural Innovation Fund within 120 

5 days of the enactment of this Act: Provided further, That 

6 of the amounts made available under this heading, 

7 $25,000,000 is for grants pursuant to section 107 of the 

8 Housing and Community Development Act of 1974 (42 

9 U.S.C. 5307). 

10 COMMUNITY DEVELOPMENT LOAN GUARANTEES

11 PROGRAM ACCOUNT

12 For the cost of guaranteed loans, $6,435,000, to re13 main available until September 30, 2011, as authorized 

14 by section 108 of the Housing and Community Develop15 ment Act of 1974 (42 U.S.C. 5308): Provided, That such 

16 costs, including the cost of modifying such loans, shall be 

17 as defined in section 502 of the Congressional Budget Act 

18 of 1974: Provided further, That these funds are available 

19 to subsidize total loan principal, any part of which is to 

20 be guaranteed, not to exceed $275,000,000, notwith21 standing any aggregate limitation on outstanding obliga22 tions guaranteed in section 108(k) of the Housing and 

23 Community Development Act of 1974, as amended. 
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1 HOME INVESTMENT PARTNERSHIPS PROGRAM

2 For the HOME investment partnerships program, as 

3 authorized under title II of the Cranston-Gonzalez Na4 tional Affordable Housing Act, as amended, 

5 $1,825,000,000, to remain available until September 30, 

6 2013: Provided, That, funds provided in prior appropria7 tions Acts for technical assistance, that were made avail8 able for Community Housing Development Organizations 

9 technical assistance, and that still remain available, may 

10 be used for HOME technical assistance notwithstanding 

11 the purposes for which such amounts were appropriated. 

12 SELF-HELP AND ASSISTED HOMEOWNERSHIP

13 OPPORTUNITY PROGRAM

14 For the Self-Help and Assisted Homeownership Op15 portunity Program, as authorized under section 11 of the 

16 Housing Opportunity Program Extension Act of 1996, as 

17 amended, $82,000,000, to remain available until Sep18 tember 30, 2012: Provided, That of the total amount pro19 vided under this heading, $27,000,000 shall be made 

20 available to the Self-Help and Assisted Homeownership 

21 Opportunity Program as authorized under section 11 of 

22 the Housing Opportunity Program Extension Act of 1996, 

23 as amended: Provided further, That $50,000,000 shall be 

24 made available for the second, third and fourth capacity 

25 building activities authorized under section 4(a) of the 
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1 HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), 

2 of which not less than $5,000,000 may be made available 

3 for rural capacity-building activities: Provided further, 

4 That $5,000,000 shall be made available for capacity5 building activities as authorized in sections 6301 through 

6 6305 of Public Law 110–246. 

7 HOMELESS ASSISTANCE GRANTS

8 (INCLUDING TRANSFER OF FUNDS)

9 For the emergency solutions grants program as au10 thorized under subtitle B of title IV of the McKinney11 Vento Homeless Assistance Act, as amended; the con12 tinuum of care program as authorized under subtitle C 

13 of title IV of such Act; and the rural housing stability as14 sistance program as authorized under subtitle D of title 

15 IV of such Act, $2,055,000,000, of which $2,050,000,000 

16 shall remain available until September 30, 2013, and of 

17 which $5,000,000 shall remain available until expended 

18 for project-based rental assistance with rehabilitation 

19 projects with 10-year grant terms and any rental assist20 ance amounts that are recaptured under such continuum 

21 of care program shall remain available until expended: 

22 Provided, That up to $200,000,000 of the funds appro23 priated under this heading shall be available for such 

24 emergency solutions grants program: Provided further, 

25 That no less than $1,844,000,000 of the funds appro-
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1 priated under this heading shall be available for such con2 tinuum of care and rural housing stability assistance pro3 grams: Provided further, That up to $6,000,000 of the 

4 funds appropriated under this heading shall be available 

5 for the national homeless data analysis project: Provided 

6 further, That for all match requirements applicable to 

7 funds made available under this heading for this fiscal 

8 year and prior years, a grantee may use (or could have 

9 used) as a source of match funds other funds administered 

10 by the Secretary and other Federal agencies unless there 

11 is (or was) a specific statutory prohibition on any such 

12 use of any such funds: Provided further, That the Sec13 retary shall renew on an annual basis expiring contracts 

14 or amendments to contracts funded under the continuum 

15 of care program if the program is determined to be needed 

16 under the applicable continuum of care and meets appro17 priate program requirements and financial standards, as 

18 determined by the Secretary: Provided further, That all 

19 awards of assistance under this heading shall be required 

20 to coordinate and integrate homeless programs with other 

21 mainstream health, social services, and employment pro22 grams for which homeless populations may be eligible, in23 cluding Medicaid, State Children’s Health Insurance Pro24 gram, Temporary Assistance for Needy Families, Food 

25 Stamps, and services funding through the Mental Health 
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1 and Substance Abuse Block Grant, Workforce Investment 

2 Act, and the Welfare-to-Work grant program: Provided 

3 further, That all balances for Shelter Plus Care renewals 

4 previously funded from the Shelter Plus Care Renewal ac5 count and transferred to this account shall be available, 

6 if recaptured, for continuum of care renewals in fiscal year 

7 2011. 

8 HOUSING PROGRAMS

9 PROJECT-BASED RENTAL ASSISTANCE

10 For activities and assistance for the provision of 

11 project-based subsidy contracts under the United States 

12 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

13 Act’’), not otherwise provided for, $8,982,328,000, to re14 main available until expended, shall be available on Octo15 ber 1, 2010 (in addition to the $393,672,000 previously 

16 appropriated under this heading that will become available 

17 October 1, 2010), and $400,000,000, to remain available 

18 until expended, shall be available on October 1, 2011: Pro19 vided, That the amounts made available under this head20 ing shall be available for expiring or terminating section 

21 8 project-based subsidy contracts (including section 8 

22 moderate rehabilitation contracts), for amendments to sec23 tion 8 project-based subsidy contracts (including section 

24 8 moderate rehabilitation contracts), for contracts entered 

25 into pursuant to section 441 of the McKinney-Vento 
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1 Homeless Assistance Act (42 U.S.C. 11401), for renewal 

2 of section 8 contracts for units in projects that are subject 

3 to approved plans of action under the Emergency Low In4 come Housing Preservation Act of 1987 or the Low-In5 come Housing Preservation and Resident Homeownership 

6 Act of 1990, and for administrative and other expenses 

7 associated with project-based activities and assistance 

8 funded under this paragraph: Provided further, That of 

9 the total amounts provided under this heading, not to ex10 ceed $322,000,000 shall be available for performance11 based contract administrators for section 8 project-based 

12 assistance: Provided further, That the Secretary of Hous13 ing and Urban Development may also use such amounts 

14 in the previous proviso for performance-based contract ad15 ministrators for the administration of: interest reduction 

16 payments pursuant to section 236(a) of the National 

17 Housing Act (12 U.S.C. 1715z–1(a)); rent supplement 

18 payments pursuant to section 101 of the Housing and 

19 Urban Development Act of 1965 (12 U.S.C. 1701s); sec20 tion 236(f)(2) rental assistance payments (12 U.S.C. 

21 1715z–1(f)(2)); project rental assistance contracts for the 

22 elderly under section 202(c)(2) of the Housing Act of 

23 1959 (12 U.S.C. 1701q); project rental assistance con24 tracts for supportive housing for persons with disabilities 

25 under section 811(d)(2) of the Cranston-Gonzalez Na-
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1 tional Affordable Housing Act (42 U.S.C. 8013(d)(2)); 

2 project assistance contracts pursuant to section 202(h) of 

3 the Housing Act of 1959 (Public Law 86–372; 73 Stat. 

4 667); and loans under section 202 of the Housing Act of 

5 1959 (Public Law 86–372; 73 Stat. 667): Provided fur6 ther, That amounts recaptured under this heading, the 

7 heading ‘‘Annual Contributions for Assisted Housing’’, or 

8 the heading ‘‘Housing Certificate Fund’’ may be used for 

9 renewals of or amendments to section 8 project-based con10 tracts or for performance-based contract administrators, 

11 notwithstanding the purposes for which such amounts 

12 were appropriated. 

13 HOUSING FOR THE ELDERLY

14 For capital advances, including amendments to cap15 ital advance contracts, for housing for the elderly, as au16 thorized by section 202 of the Housing Act of 1959, as 

17 amended, and for project rental assistance for the elderly 

18 under section 202(c)(2) of such Act, including amend19 ments to contracts for such assistance and renewal of ex20 piring contracts for such assistance for up to a 1-year 

21 term, and for supportive services associated with the hous22 ing, $825,000,000, to remain available until September 

23 30, 2014, of which up to $582,000,000 shall be for capital 

24 advance and project-based rental assistance awards: Pro25 vided, That amounts for project rental assistance con-
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1 tracts are to remain available for the liquidation of valid 

2 obligations for 10 years following the date of such obliga3 tion: Provided further, That of the amount provided under 

4 this heading, up to $90,000,000 shall be for service coordi5 nators and the continuation of existing congregate service 

6 grants for residents of assisted housing projects, and of 

7 which up to $25,000,000 shall be for grants under section 

8 202b of the Housing Act of 1959 (12 U.S.C. 1701q–2) 

9 for conversion of eligible projects under such section to 

10 assisted living or related use and for substantial and emer11 gency capital repairs as determined by the Secretary: Pro12 vided further, That of the amount made available under 

13 this heading, $20,000,000 shall be available to the Sec14 retary of Housing and Urban Development only for mak15 ing competitive grants to private nonprofit organizations 

16 and consumer cooperatives for covering costs of architec17 tural and engineering work, site control, and other plan18 ning relating to the development of supportive housing for 

19 the elderly that is eligible for assistance under section 202 

20 of the Housing Act of 1959 (12 U.S.C. 1701q): Provided 

21 further, That amounts under this heading shall be avail22 able for Real Estate Assessment Center inspections and 

23 inspection-related activities associated with section 202 

24 capital advance projects: Provided further, That the Sec25 retary may waive the provisions of section 202 governing 
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1 the terms and conditions of project rental assistance, ex2 cept that the initial contract term for such assistance shall 

3 not exceed 5 years in duration. 

4 HOUSING FOR PERSONS WITH DISABILITIES

5 For capital advance contracts, including amendments 

6 to capital advance contracts, for supportive housing for 

7 persons with disabilities, as authorized by section 811 of 

8 the Cranston-Gonzalez National Affordable Housing Act 

9 (42 U.S.C. 8013) and for project rental assistance for sup10 portive housing for persons with disabilities under section 

11 811(d)(2) of such Act, including amendments to contracts 

12 for such assistance and renewal of expiring contracts for 

13 such assistance for up to a 1-year term, and for supportive 

14 services associated with the housing for persons with dis15 abilities as authorized by section 811(b)(1) of such Act, 

16 $200,000,000, to remain available until September 30, 

17 2014: Provided, That amounts for project rental assist18 ance contracts are to remain available for the liquidation 

19 of valid obligations for 10 years following the date of such 

20 obligation: Provided further, That the Secretary may waive 

21 the provisions of section 811 governing the terms and con22 ditions of project rental assistance, except that the initial 

23 contract term for such assistance shall not exceed 5 years 

24 in duration: Provided further, That amounts made avail25 able under this heading shall be available for Real Estate 
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1 Assessment Center inspections and inspection-related ac2 tivities associated with section 811 Capital Advance 

3 Projects. 

4 HOUSING COUNSELING ASSISTANCE

5 For contracts, grants, and other assistance excluding 

6 loans, as authorized under section 106 of the Housing and 

7 Urban Development Act of 1968, as amended, 

8 $100,000,000, including up to $2,500,000 for administra9 tive contract services, to remain available until September 

10 30, 2012: Provided, That funds shall be used for providing 

11 counseling and advice to tenants and homeowners, both 

12 current and prospective, with respect to property mainte13 nance, financial management/literacy, and such other mat14 ters as may be appropriate to assist them in improving 

15 their housing conditions, meeting their financial needs, 

16 and fulfilling the responsibilities of tenancy or homeowner17 ship; for program administration; and for housing coun18 selor training. 

19 OTHER ASSISTED HOUSING PROGRAMS

20 RENTAL HOUSING ASSISTANCE

21 For amendments to contracts under section 101 of 

22 the Housing and Urban Development Act of 1965 (12 

23 U.S.C. 1701s) and section 236(f)(2) of the National 

24 Housing Act (12 U.S.C. 1715z–1) in State-aided, non-
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1 insured rental housing projects, $40,600,000, to remain 

2 available until expended. 

3 RENT SUPPLEMENT

4 (RESCISSION)

5 Of the amounts recaptured from terminated con6 tracts under section 101 of the Housing and Urban Devel7 opment Act of 1965 (12 U.S.C. 1701s) and section 236 

8 of the National Housing Act (12 U.S.C. 1715z–1) 

9 $40,600,000 are rescinded: Provided, That no amounts 

10 may be rescinded from amounts that were designated by 

11 the Congress as an emergency requirement pursuant to 

12 the Concurrent Resolution on the Budget or the Balanced 

13 Budget and Emergency Deficit Control Act of 1985, as 

14 amended. 

15 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

16 FUND

17 For necessary expenses as authorized by the National 

18 Manufactured Housing Construction and Safety Stand19 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

20 $14,000,000, to remain available until expended, of which 

21 $7,000,000 is to be derived from the Manufactured Hous22 ing Fees Trust Fund: Provided, That not to exceed the 

23 total amount appropriated under this heading shall be 

24 available from the general fund of the Treasury to the ex25 tent necessary to incur obligations and make expenditures 
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1 pending the receipt of collections to the Fund pursuant 

2 to section 620 of such Act: Provided further, That the 

3 amount made available under this heading from the gen4 eral fund shall be reduced as such collections are received 

5 during fiscal year 2011 so as to result in a final fiscal 

6 year 2011 appropriation from the general fund estimated 

7 at not more than $7,000,000 and fees pursuant to such 

8 section 620 shall be modified as necessary to ensure such 

9 a final fiscal year 2011 appropriation: Provided further, 

10 That for the dispute resolution and installation programs, 

11 the Secretary of Housing and Urban Development may 

12 assess and collect fees from any program participant: Pro13 vided further, That such collections shall be deposited into 

14 the Fund, and the Secretary, as provided herein, may use 

15 such collections, as well as fees collected under section 

16 620, for necessary expenses of such Act: Provided further, 

17 That notwithstanding the requirements of section 620 of 

18 such Act, the Secretary may carry out responsibilities of 

19 the Secretary under such Act through the use of approved 

20 service providers that are paid directly by the recipients 

21 of their services. 
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1 FEDERAL HOUSING ADMINISTRATION

2 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 New commitments to guarantee single family loans 

5 insured under the Mutual Mortgage Insurance Fund shall 

6 not exceed $400,000,000,000, to remain available until 

7 September 30, 2012: Provided, That for the cost of new 

8 guaranteed loans, as authorized by section 255 of the Na9 tional Housing Act (12 U.S.C. 1715z–20), $150,000,000: 

10 Provided further, That during fiscal year 2011, obligations 

11 to make direct loans to carry out the purposes of section 

12 204(g) of the National Housing Act, as amended, shall 

13 not exceed $50,000,000: Provided further, That the fore14 going amount in the previous proviso shall be for loans 

15 to nonprofit and governmental entities in connection with 

16 sales of single family real properties owned by the Sec17 retary and formerly insured under the Mutual Mortgage 

18 Insurance Fund. For administrative contract expenses of 

19 the Federal Housing Administration, $220,000,000,to re20 main available until September 30, 2012, of which up to 

21 $71,500,000 may be transferred to and merged with the 

22 Working Capital Fund: Provided further, That to the ex23 tent guaranteed loan commitments exceed 

24 $200,000,000,000 on or before April 1, 2011, an addi25 tional $1,400 for administrative contract expenses shall be 
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1 available for each $1,000,000 in additional guaranteed 

2 loan commitments (including a pro rata amount for any 

3 amount below $1,000,000), but in no case shall funds 

4 made available by this proviso exceed $30,000,000. 

5 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

6 During fiscal year 2011, commitments to guarantee 

7 loans incurred under the General and Special Risk Insur8 ance Funds, as authorized by sections 238 and 519 of the 

9 National Housing Act (12 U.S.C. 1715z–3 and 1735c), 

10 shall not exceed $20,000,000,000 in total loan principal, 

11 any part of which is to be guaranteed. 

12 Gross obligations for the principal amount of direct 

13 loans, as authorized by sections 204(g), 207(l), 238, and 

14 519(a) of the National Housing Act, shall not exceed 

15 $20,000,000, which shall be for loans to nonprofit and 

16 governmental entities in connection with the sale of single 

17 family real properties owned by the Secretary and for18 merly insured under such Act. 

19 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

20 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

21 GUARANTEE PROGRAM ACCOUNT

22 New commitments to issue guarantees to carry out 

23 the purposes of section 306 of the National Housing Act, 

24 as amended (12 U.S.C. 1721(g)), shall not exceed 
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1 $500,000,000,000, to remain available until September 

2 30, 2012. 

3 POLICY DEVELOPMENT AND RESEARCH

4 RESEARCH AND TECHNOLOGY

5 For contracts, grants, and necessary expenses of pro6 grams of research and studies relating to housing and 

7 urban problems, not otherwise provided for, as authorized 

8 by title V of the Housing and Urban Development Act 

9 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

10 out the functions of the Secretary of Housing and Urban 

11 Development under section 1(a)(1)(i) of Reorganization 

12 Plan No. 2 of 1968, $62,000,000, to remain available 

13 until September 30, 2012. 

14 FAIR HOUSING AND EQUAL OPPORTUNITY

15 FAIR HOUSING ACTIVITIES

16 For contracts, grants, and other assistance, not oth17 erwise provided for, as authorized by title VIII of the Civil 

18 Rights Act of 1968, as amended by the Fair Housing 

19 Amendments Act of 1988, and section 561 of the Housing 

20 and Community Development Act of 1987, as amended, 

21 $72,000,000, to remain available until September 30, 

22 2012, of which $42,500,000 shall be to carry out activities 

23 pursuant to such section 561: Provided, That of the funds 

24 made available to carry out section 561, not less than 

25 $10,000,000 shall be available to carry out authorized ac-
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1 tivities, including training, education and enforcement in 

2 order to protect the public from discriminatory lending 

3 practices and mortgage rescue scams: Provided further, 

4 That the Secretary shall publish a notice of funding avail5 ability for amounts made available under the previous pro6 viso within 60 days of the enactment of this Act: Provided 

7 further, That notwithstanding 31 U.S.C. 3302, the Sec8 retary may assess and collect fees to cover the costs of 

9 the Fair Housing Training Academy, and may use such 

10 funds to provide such training: Provided further, That no 

11 funds made available under this heading shall be used to 

12 lobby the executive or legislative branches of the Federal 

13 Government in connection with a specific contract, grant 

14 or loan: Provided further, That of the funds made available 

15 under this heading, $500,000 shall be available to the Sec16 retary of Housing and Urban Development for the cre17 ation and promotion of translated materials and other pro18 grams that support the assistance of persons with limited 

19 English proficiency in utilizing the services provided by 

20 the Department of Housing and Urban Development. 

21 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

22 HOMES

23 LEAD HAZARD REDUCTION

24 For the Lead Hazard Reduction Program, as author25 ized by section 1011 of the Residential Lead-Based Paint 
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1 Hazard Reduction Act of 1992, $140,000,000, to remain 

2 available until September 30, 2012, of which not less than 

3 $40,000,000 shall be for the Healthy Homes Initiative, 

4 pursuant to sections 501 and 502 of the Housing and 

5 Urban Development Act of 1970 that shall include re6 search, studies, testing, and demonstration efforts, includ7 ing education and outreach concerning lead-based paint 

8 poisoning and other housing-related diseases and hazards: 

9 Provided, That for purposes of environmental review, pur10 suant to the National Environmental Policy Act of 1969 

11 (42 U.S.C. 4321 et seq.) and other provisions of the law 

12 that further the purposes of such Act, a grant under the 

13 Healthy Homes Initiative, Operation Lead Elimination 

14 Action Plan (LEAP), or the Lead Technical Studies pro15 gram under this heading or under prior appropriations 

16 Acts for such purposes under this heading, shall be consid17 ered to be funds for a special project for purposes of sec18 tion 305(c) of the Multifamily Housing Property Disposi19 tion Reform Act of 1994: Provided further, That of the 

20 total amount made available under this heading, 

21 $48,000,000 shall be made available on a competitive 

22 basis for areas with the highest lead paint abatement 

23 needs: Provided further, That each recipient of funds pro24 vided under the second proviso shall make a matching con25 tribution in an amount not less than 25 percent: Provided 
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1 further, That the Secretary may waive the matching re2 quirement cited in the preceding proviso on a case by case 

3 basis if the Secretary determines that such a waiver is nec4 essary to advance the purposes of this program: Provided 

5 further, That each applicant shall submit a detailed plan 

6 and strategy that demonstrates adequate capacity that is 

7 acceptable to the Secretary to carry out the proposed use 

8 of funds pursuant to a notice of funding availability: Pro9 vided further, That amounts made available under this 

10 heading in this or prior appropriations Acts, and that still 

11 remain available, may be used for any purpose under this 

12 heading notwithstanding the purpose for which such 

13 amounts were appropriated if a program competition is 

14 undersubscribed and there are other program competitions 

15 under this heading that are oversubscribed. 

16 WORKING CAPITAL FUND

17 For additional capital for the Working Capital Fund 

18 (42 U.S.C. 3535) for the maintenance of infrastructure 

19 for Department-wide information technology systems, for 

20 the continuing operation and maintenance of both Depart21 ment-wide and program-specific information systems, and 

22 for program-related maintenance activities, $243,500,000, 

23 to remain available until September 30, 2012: Provided, 

24 That any amounts transferred to this Fund under this Act 

25 shall remain available until expended: Provided further, 
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1 That any amounts transferred to this Fund from amounts 

2 appropriated by previously enacted appropriations Acts 

3 may be used for the purposes specified under this Fund, 

4 in addition to any other information technology the pur5 poses for which such amounts were appropriated. 

6 MANAGEMENT AND ADMINISTRATION

7 OFFICE OF INSPECTOR GENERAL

8 For necessary salaries and expenses of the Office of 

9 Inspector General in carrying out the Inspector General 

10 Act of 1978, as amended, $125,000,000: Provided, That 

11 the Inspector General shall have independent authority 

12 over all personnel issues within this office. 

13 TRANSFORMATION INITIATIVE

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses for combating mortgage 

16 fraud, $20,000,000, to remain available until expended. 

17 In addition, of the amounts made available in this 

18 Act under each of the following headings under this title, 

19 the Secretary may transfer to, and merge with, this ac20 count up to 1 percent from each such account, and such 

21 transferred amounts shall be available until September 30, 

22 2013, for (1) research, evaluation, and program metrics; 

23 (2) program demonstrations; (3) technical assistance and 

24 capacity building; and (4) information technology: ‘‘Public 

25 Housing Capital Fund’’, ‘‘Choice Neighborhoods Initia-
139 

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1 tive’’, ‘‘Housing Opportunities for Persons With AIDS’’, 

2 ‘‘Community Development Fund’’, ‘‘HOME Investment 

3 Partnerships Program’’, ‘‘Housing for the Elderly’’, 

4 ‘‘Housing for Persons With Disabilities’’, ‘‘Housing Coun5 seling Assistance’’, ‘‘Payment to Manufactured Housing 

6 Fees Trust Fund’’, ‘‘Mutual Mortgage Insurance Program 

7 Account’’, ‘‘Lead Hazard Reduction’’, ‘‘Rental Housing 

8 Assistance’’, and ‘‘Fair Housing Activities’’: Provided, 

9 That of the amounts made available under this paragraph, 

10 not less than $80,000,000 and not more than 

11 $180,000,000 shall be available for information technology 

12 modernization, including development and deployment of 

13 a Next Generation of Voucher Management System and 

14 development and deployment of modernized Federal Hous15 ing Administration systems: Provided further, That not 

16 more than 25 percent of the funds made available for in17 formation technology modernization may be obligated 

18 until the Secretary submits to the Committees on Appro19 priations a plan for expenditure that (1) identifies for each 

20 modernization project (a) the functional and performance 

21 capabilities to be delivered and the mission benefits to be 

22 realized, (b) the estimated life-cycle cost, and (c) key mile23 stones to be met; (2) demonstrates that each moderniza24 tion project is (a) compliant with the department’s enter25 prise architecture, (b) being managed in accordance with 
140 

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1 applicable life-cycle management policies and guidance, (c) 

2 subject to the department’s capital planning and invest3 ment control requirements, and (d) supported by an ade4 quately staffed project office; and (3) has been reviewed 

5 by the Government Accountability Office: Provided fur6 ther, That of the amounts made available under this para7 graph, not less than $60,000,000 shall be available for 

8 technical assistance and capacity building: Provided fur9 ther, That technical assistance activities shall include, 

10 technical assistance for HUD programs, including 

11 HOME, Community Development Block Grant, homeless 

12 programs, HOPWA, HOPE VI, Public Housing, the 

13 Housing Choice Voucher Program, Fair Housing Initia14 tive Program, Housing Counseling, Healthy Homes, Sus15 tainable Communities, and other technical assistance as 

16 determined by the Secretary: Provided further, That the 

17 Secretary shall submit a plan to the House and Senate 

18 Committees on Appropriations for approval detailing how 

19 the funding provided under this heading will be allocated 

20 to each of the four categories identified under this heading 

21 and for what projects or activities funding will be used: 

22 Provided further, That following the initial approval of this 

23 plan, the Secretary may amend the plan with the approval 

24 of the House and Senate Committees on Appropriations: 

25 Provided further, That with respect to amounts made 
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1 available under this heading for research, evaluation, pro2 gram metrics, and program demonstrations, notwith3 standing section 204 of this title, the Secretary may make 

4 grants or enter into cooperative agreements that include 

5 a substantial match contribution. 

6 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

7 URBAN DEVELOPMENT

8 SEC. 201. Fifty percent of the amounts of budget au9 thority, or in lieu thereof 50 percent of the cash amounts 

10 associated with such budget authority, that are recaptured 

11 from projects described in section 1012(a) of the Stewart 

12 B. McKinney Homeless Assistance Amendments Act of 

13 1988 (42 U.S.C. 1437 note) shall be rescinded or in the 

14 case of cash, shall be remitted to the Treasury, and such 

15 amounts of budget authority or cash recaptured and not 

16 rescinded or remitted to the Treasury shall be used by 

17 State housing finance agencies or local governments or 

18 local housing agencies with projects approved by the Sec19 retary of Housing and Urban Development for which set20 tlement occurred after January 1, 1992, in accordance 

21 with such section. Notwithstanding the previous sentence, 

22 the Secretary may award up to 15 percent of the budget 

23 authority or cash recaptured and not rescinded or remitted 

24 to the Treasury to provide project owners with incentives 

25 to refinance their project at a lower interest rate. 
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1 SEC. 202. None of the amounts made available under 

2 this Act may be used during fiscal year 2011 to investigate 

3 or prosecute under the Fair Housing Act any otherwise 

4 lawful activity engaged in by one or more persons, includ5 ing the filing or maintaining of a nonfrivolous legal action, 

6 that is engaged in solely for the purpose of achieving or 

7 preventing action by a Government official or entity, or 

8 a court of competent jurisdiction. 

9 SEC. 203. (a) Notwithstanding section 854(c)(1)(A) 

10 of the AIDS Housing Opportunity Act (42 U.S.C. 

11 12903(c)(1)(A)), from any amounts made available under 

12 this title for fiscal year 2011 that are allocated under such 

13 section, the Secretary of Housing and Urban Development 

14 shall allocate and make a grant, in the amount determined 

15 under subsection (b), for any State that— 

16 (1) received an allocation in a prior fiscal year 

17 under clause (ii) of such section; and 

18 (2) is not otherwise eligible for an allocation for 

19 fiscal year 2011 under such clause (ii) because the 

20 areas in the State outside of the metropolitan statis21 tical areas that qualify under clause (i) in fiscal year 

22 2011 do not have the number of cases of acquired 

23 immunodeficiency syndrome (AIDS) required under 

24 such clause. 
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1 (b) The amount of the allocation and grant for any 

2 State described in subsection (a) shall be an amount based 

3 on the cumulative number of AIDS cases in the areas of 

4 that State that are outside of metropolitan statistical 

5 areas that qualify under clause (i) of such section 

6 854(c)(1)(A) in fiscal year 2011, in proportion to AIDS 

7 cases among cities and States that qualify under clauses 

8 (i) and (ii) of such section and States deemed eligible 

9 under subsection (a). 

10 (c) Notwithstanding any other provision of law, the 

11 amount allocated for fiscal year 2011 under section 854(c) 

12 of the AIDS Housing Opportunity Act (42 U.S.C. 

13 12903(c)), to the City of New York, New York, on behalf 

14 of the New York-Wayne-White Plains, New York-New 

15 Jersey Metropolitan Division (hereafter ‘‘metropolitan di16 vision’’) of the New York-Newark-Edison, NY–NJ–PA 

17 Metropolitan Statistical Area, shall be adjusted by the 

18 Secretary of Housing and Urban Development by: 

19 (1) allocating to the City of Jersey City, New 

20 Jersey, the proportion of the metropolitan area’s or 

21 division’s amount that is based on the number of 

22 cases of AIDS reported in the portion of the metro23 politan area or division that is located in Hudson 

24 County, New Jersey, and adjusting for the propor25 tion of the metropolitan division’s high-incidence 
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1 bonus if this area in New Jersey also has a higher 

2 than average per capita incidence of AIDS; and 

3 (2) allocating to the City of Paterson, New Jer4 sey, the proportion of the metropolitan area’s or di5 vision’s amount that is based on the number of cases 

6 of AIDS reported in the portion of the metropolitan 

7 area or division that is located in Bergen County 

8 and Passaic County, New Jersey, and adjusting for 

9 the proportion of the metropolitan division’s high-in10 cidence bonus if this area in New Jersey also has a 

11 higher than average per capita incidence of AIDS. 

12 The recipient cities shall use amounts allocated 

13 under this subsection to carry out eligible activities 

14 under section 855 of the AIDS Housing Opportunity 

15 Act (42 U.S.C. 12904) in their respective portions 

16 of the metropolitan division that is located in New 

17 Jersey. 

18 (d) Notwithstanding any other provision of law, the 

19 amount allocated for fiscal year 2011 under section 854(c) 

20 of the AIDS Housing Opportunity Act (42 U.S.C. 

21 12903(c)) to areas with a higher than average per capita 

22 incidence of AIDS, shall be adjusted by the Secretary on 

23 the basis of area incidence reported over a 3-year period. 

24 SEC. 204. Except as explicitly provided in law, any 

25 grant, cooperative agreement or other assistance made 
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1 pursuant to title II of this Act shall be made on a competi2 tive basis and in accordance with section 102 of the De3 partment of Housing and Urban Development Reform Act 

4 of 1989 (42 U.S.C. 3545). 

5 SEC. 205. Funds of the Department of Housing and 

6 Urban Development subject to the Government Corpora7 tion Control Act or section 402 of the Housing Act of 

8 1950 shall be available, without regard to the limitations 

9 on administrative expenses, for legal services on a contract 

10 or fee basis, and for utilizing and making payment for 

11 services and facilities of the Federal National Mortgage 

12 Association, Government National Mortgage Association, 

13 Federal Home Loan Mortgage Corporation, Federal Fi14 nancing Bank, Federal Reserve banks or any member 

15 thereof, Federal Home Loan banks, and any insured bank 

16 within the meaning of the Federal Deposit Insurance Cor17 poration Act, as amended (12 U.S.C. 1811–1). 

18 SEC. 206. Unless otherwise provided for in this Act 

19 or through a reprogramming of funds, no part of any ap20 propriation for the Department of Housing and Urban 

21 Development shall be available for any program, project 

22 or activity in excess of amounts set forth in the budget 

23 estimates submitted to Congress. 

24 SEC. 207. Corporations and agencies of the Depart25 ment of Housing and Urban Development which are sub-
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1 ject to the Government Corporation Control Act, are here2 by authorized to make such expenditures, within the limits 

3 of funds and borrowing authority available to each such 

4 corporation or agency and in accordance with law, and to 

5 make such contracts and commitments without regard to 

6 fiscal year limitations as provided by section 104 of such 

7 Act as may be necessary in carrying out the programs set 

8 forth in the budget for 2011 for such corporation or agen9 cy except as hereinafter provided: Provided, That collec10 tions of these corporations and agencies may be used for 

11 new loan or mortgage purchase commitments only to the 

12 extent expressly provided for in this Act (unless such loans 

13 are in support of other forms of assistance provided for 

14 in this or prior appropriations Acts), except that this pro15 viso shall not apply to the mortgage insurance or guaranty 

16 operations of these corporations, or where loans or mort17 gage purchases are necessary to protect the financial in18 terest of the United States Government. 

19 SEC. 208. The Secretary of Housing and Urban De20 velopment shall provide quarterly reports to the House 

21 and Senate Committees on Appropriations regarding all 

22 uncommitted, unobligated, recaptured and excess funds in 

23 each program and activity within the jurisdiction of the 

24 Department and shall submit additional, updated budget 

25 information to these Committees upon request. 
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1 SEC. 209. (a) Notwithstanding any other provision 

2 of law, the amount allocated for fiscal year 2011 under 

3 section 854(c) of the AIDS Housing Opportunity Act (42 

4 U.S.C. 12903(c)), to the City of Wilmington, Delaware, 

5 on behalf of the Wilmington, Delaware-Maryland-New 

6 Jersey Metropolitan Division (hereafter ‘‘metropolitan di7 vision’’), shall be adjusted by the Secretary of Housing 

8 and Urban Development by allocating to the State of New 

9 Jersey the proportion of the metropolitan division’s 

10 amount that is based on the number of cases of AIDS 

11 reported in the portion of the metropolitan division that 

12 is located in New Jersey, and adjusting for the proportion 

13 of the metropolitan division’s high-incidence bonus if this 

14 area in New Jersey also has a higher than average per 

15 capita incidence of AIDS. The State of New Jersey shall 

16 use amounts allocated to the State under this subsection 

17 to carry out eligible activities under section 855 of the 

18 AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 

19 portion of the metropolitan division that is located in New 

20 Jersey. 

21 (b) Notwithstanding any other provision of law, the 

22 Secretary of Housing and Urban Development shall allo23 cate to Wake County, North Carolina, the amounts that 

24 otherwise would be allocated for fiscal year 2011 under 

25 section 854(c) of the AIDS Housing Opportunity Act (42 
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1 U.S.C. 12903(c)) to the City of Raleigh, North Carolina, 

2 on behalf of the Raleigh-Cary, North Carolina Metropoli3 tan Statistical Area. Any amounts allocated to Wake 

4 County shall be used to carry out eligible activities under 

5 section 855 of such Act (42 U.S.C. 12904) within such 

6 metropolitan statistical area. 

7 (c) Notwithstanding section 854(c) of the AIDS 

8 Housing Opportunity Act (42 U.S.C. 12903(c)), the Sec9 retary of Housing and Urban Development may adjust the 

10 allocation of the amounts that otherwise would be allo11 cated for fiscal year 2011 under section 854(c) of such 

12 Act, upon the written request of an applicant, in conjunc13 tion with the State(s), for a formula allocation on behalf 

14 of a metropolitan statistical area, to designate the State 

15 or States in which the metropolitan statistical area is lo16 cated as the eligible grantee(s) of the allocation. In the 

17 case that a metropolitan statistical area involves more 

18 than one State, such amounts allocated to each State shall 

19 be in proportion to the number of cases of AIDS reported 

20 in the portion of the metropolitan statistical area located 

21 in that State. Any amounts allocated to a State under this 

22 section shall be used to carry out eligible activities within 

23 the portion of the metropolitan statistical area located in 

24 that State. 
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1 SEC. 210 The President’s formal budget request for 

2 fiscal year 2011, as well as the Department of Housing 

3 and Urban Development’s congressional budget justifica4 tions to be submitted to the Committees on Appropriations 

5 of the House of Representatives and the Senate, shall use 

6 the identical account and sub-account structure provided 

7 under this Act. 

8 SEC. 211. A public housing agency or such other enti9 ty that administers Federal housing assistance for the 

10 Housing Authority of the county of Los Angeles, Cali11 fornia, the States of Alaska, Iowa, and Mississippi shall 

12 not be required to include a resident of public housing or 

13 a recipient of assistance provided under section 8 of the 

14 United States Housing Act of 1937 on the board of direc15 tors or a similar governing board of such agency or entity 

16 as required under section (2)(b) of such Act. Each public 

17 housing agency or other entity that administers Federal 

18 housing assistance under section 8 for the Housing Au19 thority of the county of Los Angeles, California and the 

20 States of Alaska, Iowa and Mississippi that chooses not 

21 to include a resident of public housing or a recipient of 

22 section 8 assistance on the board of directors or a similar 

23 governing board shall establish an advisory board of not 

24 less than six residents of public housing or recipients of 

25 section 8 assistance to provide advice and comment to the 
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1 public housing agency or other administering entity on 

2 issues related to public housing and section 8. Such advi3 sory board shall meet not less than quarterly. 

4 SEC. 212. (a) Notwithstanding any other provision 

5 of law, subject to the conditions listed in subsection (b), 

6 for fiscal years 2011 and 2012, the Secretary of Housing 

7 and Urban Development may authorize the transfer of 

8 some or all project-based assistance, debt and statutorily 

9 required low-income and very low-income use restrictions, 

10 associated with one or more multifamily housing project 

11 to another multifamily housing project or projects. 

12 (b) The transfer authorized in subsection (a) is sub13 ject to the following conditions: 

14 (1) The number of low-income and very low-in15 come units and the net dollar amount of Federal as16 sistance provided by the transferring project shall 

17 remain the same in the receiving project or projects. 

18 (2) The transferring project shall, as deter19 mined by the Secretary, be either physically obsolete 

20 or economically nonviable. 

21 (3) The receiving project or projects shall meet 

22 or exceed applicable physical standards established 

23 by the Secretary. 

24 (4) The owner or mortgagor of the transferring 

25 project shall notify and consult with the tenants re-
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1 siding in the transferring project and provide a cer2 tification of approval by all appropriate local govern3 mental officials. 

4 (5) The tenants of the transferring project who 

5 remain eligible for assistance to be provided by the 

6 receiving project or projects shall not be required to 

7 vacate their units in the transferring project or 

8 projects until new units in the receiving project are 

9 available for occupancy. 

10 (6) The Secretary determines that this transfer 

11 is in the best interest of the tenants. 

12 (7) If either the transferring project or the re13 ceiving project or projects meets the condition speci14 fied in subsection (c)(2)(A), any lien on the receiving 

15 project resulting from additional financing obtained 

16 by the owner shall be subordinate to any FHA-in17 sured mortgage lien transferred to, or placed on, 

18 such project by the Secretary. 

19 (8) If the transferring project meets the re20 quirements of subsection (c)(2)(E), the owner or 

21 mortgagor of the receiving project or projects shall 

22 execute and record either a continuation of the exist23 ing use agreement or a new use agreement for the 

24 project where, in either case, any use restrictions in 
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1 such agreement are of no lesser duration than the 

2 existing use restrictions. 

3 (9) Any financial risk to the FHA General and 

4 Special Risk Insurance Fund, as determined by the 

5 Secretary, would be reduced as a result of a transfer 

6 completed under this section. 

7 (10) The Secretary determines that Federal li8 ability with regard to this project will not be in9 creased. 

10 (c) For purposes of this section— 

11 (1) the terms ‘‘low-income’’ and ‘‘very low-in12 come’’ shall have the meanings provided by the stat13 ute and/or regulations governing the program under 

14 which the project is insured or assisted; 

15 (2) the term ‘‘multifamily housing project’’ 

16 means housing that meets one of the following con17 ditions— 

18 (A) housing that is subject to a mortgage 

19 insured under the National Housing Act; 

20 (B) housing that has project-based assist21 ance attached to the structure including 

22 projects undergoing mark to market debt re23 structuring under the Multifamily Assisted 

24 Housing Reform and Affordability Housing Act; 
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1 (C) housing that is assisted under section 

2 202 of the Housing Act of 1959 as amended by 

3 section 801 of the Cranston-Gonzales National 

4 Affordable Housing Act; 

5 (D) housing that is assisted under section 

6 202 of the Housing Act of 1959, as such sec7 tion existed before the enactment of the Cran8 ston-Gonzales National Affordable Housing Act; 

9 or 

10 (E) housing or vacant land that is subject 

11 to a use agreement; 

12 (3) the term ‘‘project-based assistance’’ 

13 means— 

14 (A) assistance provided under section 8(b) 

15 of the United States Housing Act of 1937; 

16 (B) assistance for housing constructed or 

17 substantially rehabilitated pursuant to assist18 ance provided under section 8(b)(2) of such Act 

19 (as such section existed immediately before Oc20 tober 1, 1983); 

21 (C) rent supplement payments under sec22 tion 101 of the Housing and Urban Develop23 ment Act of 1965; 

24 (D) interest reduction payments under sec25 tion 236 and/or additional assistance payments 
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1 under section 236(f)(2) of the National Hous2 ing Act; and 

3 (E) assistance payments made under sec4 tion 202(c)(2) of the Housing Act of 1959; 

5 (4) the term ‘‘receiving project or projects’’ 

6 means the multifamily housing project or projects to 

7 which some or all of the project-based assistance, 

8 debt, and statutorily required use low-income and 

9 very low-income restrictions are to be transferred; 

10 (5) the term ‘‘transferring project’’ means the 

11 multifamily housing project which is transferring 

12 some or all of the project-based assistance, debt and 

13 the statutorily required low-income and very low-in14 come use restrictions to the receiving project or 

15 projects; and 

16 (6) the term ‘‘Secretary’’ means the Secretary 

17 of Housing and Urban Development. 

18 SEC. 213. The funds made available for Native Alas19 kans under the heading ‘‘Native American Housing Block 

20 Grants’’ in title III of this Act shall be allocated to the 

21 same Native Alaskan housing block grant recipients that 

22 received funds in fiscal year 2005. 

23 SEC. 214. No funds provided under this title may be 

24 used for an audit of the Government National Mortgage 
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1 Association that makes applicable requirements under the 

2 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

3 SEC. 215. (a) No assistance shall be provided under 

4 section 8 of the United States Housing Act of 1937 (42 

5 U.S.C. 1437f) to any individual who— 

6 (1) is enrolled as a student at an institution of 

7 higher education (as defined under section 102 of 

8 the Higher Education Act of 1965 (20 U.S.C. 

9 1002)); 

10 (2) is under 24 years of age; 

11 (3) is not a veteran; 

12 (4) is unmarried; 

13 (5) does not have a dependent child; 

14 (6) is not a person with disabilities, as such 

15 term is defined in section 3(b)(3)(E) of the United 

16 States Housing Act of 1937 (42 U.S.C. 

17 1437a(b)(3)(E)) and was not receiving assistance 

18 under such section 8 as of November 30, 2005; and 

19 (7) is not otherwise individually eligible, or has 

20 parents who, individually or jointly, are not eligible, 

21 to receive assistance under section 8 of the United 

22 States Housing Act of 1937 (42 U.S.C. 1437f). 

23 (b) For purposes of determining the eligibility of a 

24 person to receive assistance under section 8 of the United 

25 States Housing Act of 1937 (42 U.S.C. 1437f), any finan-
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1 cial assistance (in excess of amounts received for tuition) 

2 that an individual receives under the Higher Education 

3 Act of 1965 (20 U.S.C. 1001 et seq.), from private 

4 sources, or an institution of higher education (as defined 

5 under the Higher Education Act of 1965 (20 U.S.C. 

6 1002)), shall be considered income to that individual, ex7 cept for a person over the age of 23 with dependent chil8 dren. 

9 SEC. 216. Notwithstanding the limitation in the first 

10 sentence of section 255(g) of the National Housing Act 

11 (12 U.S.C. 1715z–g)), the Secretary of Housing and 

12 Urban Development may, until September 30, 2011, in13 sure and enter into commitments to insure mortgages 

14 under section 255(g) of the National Housing Act (12 

15 U.S.C. 1715z–20). 

16 SEC. 217. Notwithstanding any other provision of 

17 law, in fiscal year 2011, in managing and disposing of any 

18 multifamily property that is owned or has a mortgage held 

19 by the Secretary of Housing and Urban Development, and 

20 during the process of foreclosure on any property with a 

21 contract for rental assistance payments under section 8 

22 of the United States Housing Act of 1937 or other Fed23 eral programs, the Secretary shall maintain any rental as24 sistance payments under section 8 of the United States 

25 Housing Act of 1937 and other programs that are at-
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1 tached to any dwelling units in the property. To the extent 

2 the Secretary determines, in consultation with the tenants 

3 and the local government, that such a multifamily prop4 erty owned or held by the Secretary is not feasible for con5 tinued rental assistance payments under such section 8 

6 or other programs, based on consideration of (1) the costs 

7 of rehabilitating and operating the property and all avail8 able Federal, State, and local resources, including rent ad9 justments under section 524 of the Multifamily Assisted 

10 Housing Reform and Affordability Act of 1997 

11 (‘‘MAHRAA’’) and (2) environmental conditions that can12 not be remedied in a cost-effective fashion, the Secretary 

13 may, in consultation with the tenants of that property, 

14 contract for project-based rental assistance payments with 

15 an owner or owners of other existing housing properties, 

16 or provide other rental assistance. The Secretary shall also 

17 take appropriate steps to ensure that project-based con18 tracts remain in effect prior to foreclosure, subject to the 

19 exercise of contractual abatement remedies to assist relo20 cation of tenants for imminent major threats to health and 

21 safety after written notice to and informed consent of the 

22 affected tenants and use of other available remedies, such 

23 as partial abatements or receivership. After disposition of 

24 any multifamily property described under this section, the 

25 contract and allowable rent levels on such properties shall 
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1 be subject to the requirements under section 524 of 

2 MAHRAA. 

3 SEC. 218. During fiscal year 2011, in the provision 

4 of rental assistance under section 8(o) of the United 

5 States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con6 nection with a program to demonstrate the economy and 

7 effectiveness of providing such assistance for use in as8 sisted living facilities that is carried out in the counties 

9 of the State of Michigan notwithstanding paragraphs (3) 

10 and (18)(B)(iii) of such section 8(o), a family residing in 

11 an assisted living facility in any such county, on behalf 

12 of which a public housing agency provides assistance pur13 suant to section 8(o)(18) of such Act, may be required, 

14 at the time the family initially receives such assistance, 

15 to pay rent in an amount exceeding 40 percent of the 

16 monthly adjusted income of the family by such a percent17 age or amount as the Secretary of Housing and Urban 

18 Development determines to be appropriate. 

19 SEC. 219. The Secretary of Housing and Urban De20 velopment shall report quarterly to the House of Rep21 resentatives and Senate Committees on Appropriations on 

22 HUD’s use of all sole-source contracts, including terms 

23 of the contracts, cost, and a substantive rationale for 

24 using a sole-source contract. 
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1 SEC. 220. Notwithstanding any other provision of 

2 law, the recipient of a grant under section 202b of the 

3 Housing Act of 1959 (12 U.S.C. 1701q) after December 

4 26, 2000, in accordance with the unnumbered paragraph 

5 at the end of section 202(b) of such Act, may, at its op6 tion, establish a single-asset nonprofit entity to own the 

7 project and may lend the grant funds to such entity, which 

8 may be a private nonprofit organization described in sec9 tion 831 of the American Homeownership and Economic 

10 Opportunity Act of 2000. 

11 SEC. 221. (a) The amounts provided under the sub12 heading ‘‘Program Account’’ under the heading ‘‘Commu13 nity Development Loan Guarantees’’ may be used to guar14 antee, or make commitments to guarantee, notes, or other 

15 obligations issued by any State on behalf of nonentitle16 ment communities in the State in accordance with the re17 quirements of section 108 of the Housing and Community 

18 Development Act of 1974 in fiscal year 2011 and subse19 quent years: Provided, That, any State receiving such a 

20 guarantee or commitment shall distribute all funds subject 

21 to such guarantee to the units of general local government 

22 in nonentitlement areas that received the commitment. 

23 (b) Not later than 60 days after the date of enact24 ment of this Act, the Secretary of Housing and Urban 

25 Development shall promulgate regulations governing the 
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1 administration of the funds described under subsection 

2 (a). 

3 SEC. 222. Section 24 of the United States Housing 

4 Act of 1937 (42 U.S.C. 1437v) is amended— 

5 (1) in subsection (m)(1), by striking ‘‘fiscal 

6 year’’ and all that follows through the period at the 

7 end and inserting ‘‘fiscal year 2011.’’; and 

8 (2) in subsection (o), by striking ‘‘September’’ 

9 and all that follows through the period at the end 

10 and inserting ‘‘September 30, 2011.’’. 

11 SEC. 223. Public housing agencies that own and oper12 ate 400 or fewer public housing units may elect to be ex13 empt from any asset management requirement imposed by 

14 the Secretary of Housing and Urban Development in con15 nection with the operating fund rule: Provided, That an 

16 agency seeking a discontinuance of a reduction of subsidy 

17 under the operating fund formula shall not be exempt 

18 from asset management requirements. 

19 SEC. 224. With respect to the use of amounts pro20 vided in this Act and in future Acts for the operation, cap21 ital improvement and management of public housing as 

22 authorized by sections 9(d) and 9(e) of the United States 

23 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

24 Secretary shall not impose any requirement or guideline 

25 relating to asset management that restricts or limits in 
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1 any way the use of capital funds for central office costs 

2 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

3 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro4 vided, That a public housing agency may not use capital 

5 funds authorized under section 9(d) for activities that are 

6 eligible under section 9(e) for assistance with amounts 

7 from the operating fund in excess of the amounts per8 mitted under section 9(g)(1) or 9(g)(2). 

9 SEC. 225. No official or employee of the Department 

10 of Housing and Urban Development shall be designated 

11 as an allotment holder unless the Office of the Chief Fi12 nancial Officer has determined that such allotment holder 

13 has implemented an adequate system of funds control and 

14 has received training in funds control procedures and di15 rectives. The Chief Financial Officer shall ensure that, not 

16 later than 90 days after the date of enactment of this Act, 

17 a trained allotment holder shall be designated for each 

18 HUD subaccount under the headings ‘‘Executive Direc19 tion’’ and heading ‘‘Administration, Operations, and Man20 agement’’ as well as each account receiving appropriations 

21 for ‘‘personnel compensation and benefits’’ within the De22 partment of Housing and Urban Development. 

23 SEC. 226. The Secretary of Housing and Urban De24 velopment shall report quarterly to the House of Rep25 resentatives and Senate Committees on Appropriations on 
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1 the status of all section 8 project-based housing, including 

2 the number of all project-based units by region as well 

3 as an analysis of all federally subsidized housing being re4 financed under the Mark-to-Market program. The Sec5 retary shall in the report identify all existing units main6 tained by region as section 8 project-based units and all 

7 project-based units that have opted out of section 8 or 

8 have otherwise been eliminated as section 8 project-based 

9 units. The Secretary shall identify in detail and by project 

10 all the efforts made by the Department to preserve all sec11 tion 8 project-based housing units and all the reasons for 

12 any units which opted out or otherwise were lost as section 

13 8 project-based units. Such analysis shall include a review 

14 of the impact of the loss of any subsidized units in that 

15 housing marketplace, such as the impact of cost and the 

16 loss of available subsidized, low-income housing in areas 

17 with scarce housing resources for low-income families. 

18 SEC. 227. Payment of attorney fees in program-re19 lated litigation must be paid from individual program of20 fice personnel benefits and compensation funding. The an21 nual budget submission for program office personnel ben22 efit and compensation funding must include program-re23 lated litigation costs for attorney fees as a separate line 

24 item request. 
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1 SEC. 228. The Secretary of the Department of Hous2 ing and Urban Development shall for fiscal year 2011 and 

3 subsequent fiscal years, notify the public through the Fed4 eral Register and other means, as determined appropriate, 

5 of the issuance of a notice of the availability of assistance 

6 or notice of funding availability (NOFA) for any program 

7 or discretionary fund administered by the Secretary that 

8 is to be competitively awarded. Notwithstanding any other 

9 provision of law, for fiscal year 2011 and subsequent fiscal 

10 years, the Secretary may make the NOFA available only 

11 on the Internet at the appropriate Government Web site 

12 or Web site or through other electronic media, as deter13 mined by the Secretary. 

14 SEC. 229. (a) APPROVAL OF PREPAYMENT OF

15 DEBT.—Upon request of the project sponsor of a project 

16 assisted with a loan under section 202 of the Housing Act 

17 of 1959 (as in effect before the enactment of the Cran18 ston-Gonzalez National Affordable Housing Act), for 

19 which the Secretary’s consent to prepayment is required, 

20 the Secretary may approve the prepayment of any indebt21 edness to the Secretary relating to any remaining principal 

22 and interest under the loan as part of a prepayment plan 

23 under which— 

24 (1) the project sponsor agrees to operate the 

25 project until the maturity date of the original loan 
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1 under terms at least as advantageous to existing and 

2 future tenants as the terms required by the original 

3 loan agreement or any project-based rental assist4 ance payments contract under section 8 of the 

5 United States Housing Act of 1937 (or any other 

6 project-based rental housing assistance programs of 

7 the Department of Housing and Urban Develop8 ment, including the rent supplement program under 

9 section 101 of the Housing and Urban Development 

10 Act of 1965 (12 U.S.C. 1701s)) or any successor 

11 project-based rental assistance program, except as 

12 provided by subsection (a)(2)(B); and 

13 (2) the prepayment may involve refinancing of 

14 the loan if such refinancing results— 

15 (A) in a lower interest rate on the prin16 cipal of the loan for the project and in reduc17 tions in debt service related to such loan; or 

18 (B) in the case of a project that is assisted 

19 with a loan under such section 202 carrying an 

20 interest rate of 6 percent or lower, a trans21 action under which— 

22 (i) the project owner shall address the 

23 physical needs of the project; 

24 (ii) the prepayment plan for the trans25 action, including the refinancing, shall 
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1 meet a cost benefit analysis, as established 

2 by the Secretary, that the benefit of the 

3 transaction outweighs the cost of the 

4 transaction including any increases in rent 

5 charged to unassisted tenants; 

6 (iii) the overall cost for providing 

7 rental assistance under section 8 for the 

8 project (if any) is not increased, except, 

9 upon approval by the Secretary to— 

10 (I) mark-up-to-market contracts 

11 pursuant to section 524(a)(3) of the 

12 Multifamily Assisted Housing Reform 

13 and Affordability Act (42 U.S.C. 

14 1437f note), as such section is carried 

15 out by the Secretary for properties 

16 owned by nonprofit organizations; or 

17 (II) mark-up-to-budget contracts 

18 pursuant to section 524(a)(4) of the 

19 Multifamily Assisted Housing Reform 

20 and Affordability Act (42 U.S.C. 

21 1437f note), as such section is carried 

22 out by the Secretary for properties 

23 owned by eligible owners (as such 

24 term is defined in section 202(k) of 
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1 the Housing Act of 1959 (12 U.S.C. 

2 1701q(k)); 

3 (iv) the project owner may charge ten4 ants rent sufficient to meet debt service 

5 payments and operating cost requirements, 

6 as approved by the Secretary, if project7 based rental assistance is not available or 

8 is insufficient for the debt service and op9 erating cost of the project after refi10 nancing. Such approval by the Secretary— 

11 (I) shall be the basis for the 

12 owner to agree to terminate the 

13 project-based rental assistance con14 tract that is insufficient for the debt 

15 service and operating cost of the 

16 project after refinancing; and 

17 (II) shall be an eligibility event 

18 for the project for purposes of section 

19 8(t) of the United States Housing Act 

20 of 1937 (42 U.S.C. 1437f(t)); 

21 (v) units to be occupied by tenants as22 sisted under section 8(t) of the United 

23 States Housing Act of 1937 (42 U.S.C. 

24 1437f(t)) shall, upon termination of the oc25 cupancy of such tenants, become eligible 
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1 for project-based assistance under section 

2 8(o)(13) of the United States Housing Act 

3 of 1937 (42 U.S.C. 1437f(o)(13)) without 

4 regard to the percentage limitations pro5 vided in such section; and 

6 (vi) there shall be a use agreement of 

7 20 years from the date of the maturity 

8 date of the original 202 loan for all units, 

9 including units to be occupied by tenants 

10 assisted under section 8(t) of the United 

11 States Housing Act of 1937 (42 U.S.C. 

12 1437f(t)). 

13 SEC. 230. No property identified by the Secretary of 

14 Housing and Urban Development as surplus Federal prop15 erty for use to assist the homeless shall be made available 

16 to any homeless group unless the group is a member in 

17 good standing under any of HUD’s homeless assistance 

18 programs or is in good standing with any other program 

19 which receives funds from any other Federal or State 

20 agency or entity: Provided, That an exception may be 

21 made for an entity not involved with Federal homeless pro22 grams to use surplus Federal property for the homeless 

23 only after the Secretary or another responsible Federal 

24 agency has fully and comprehensively reviewed all relevant 

25 finances of the entity, the track record of the entity in 
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1 assisting the homeless, the ability of the entity to manage 

2 the property, including all costs, the ability of the entity 

3 to administer homeless programs in a manner that is ef4 fective to meet the needs of the homeless population that 

5 is expected to use the property and any other related 

6 issues that demonstrate a commitment to assist the home7 less: Provided further, That the Secretary shall not require 

8 the entity to have cash in hand in order to demonstrate 

9 financial ability but may rely on the entity’s prior dem10 onstrated fund-raising ability or commitments for in-kind 

11 donations of goods and services: Provided further, That 

12 the Secretary shall make all such information and its deci13 sion regarding the award of the surplus property available 

14 to the committees of jurisdiction, including a full justifica15 tion of the appropriateness of the use of the property to 

16 assist the homeless as well as the appropriateness of the 

17 group seeking to obtain the property to use such property 

18 to assist the homeless: Provided further, That, this section 

19 shall apply to properties in fiscal years 2010 and 2011 

20 made available as surplus Federal property for use to as21 sist the homeless. 

22 SEC. 231. The Secretary of the Department of Hous23 ing and Urban Development is authorized to transfer up 

24 to 5 percent of the funds made available for personnel or 

25 nonpersonnel expenses under any account or any set-aside 
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1 within any account under this title under the general head2 ing ‘‘Personnel Compensation and Benefits’’, and under 

3 the account headings ‘‘Executive Direction’’ and ‘‘Admin4 istration, Operations and Management’’, to any other such 

5 account or any other such set-aside within any such ac6 count: Provided, That any transfer over 5 percent must 

7 be submitted to and receive the prior written approval of 

8 the House and Senate Committees on Appropriations. 

9 SEC. 232. The Disaster Housing Assistance Pro10 grams, administered by the Department of Housing and 

11 Urban Development, shall be considered a ‘‘program of 

12 the Department of Housing and Urban Development’’ 

13 under section 904 of the McKinney Act for the purpose 

14 of income verifications and matching. 

15 SEC. 233. Of the amounts made available for salaries 

16 and expenses under all accounts under this title (except 

17 for the Office of Inspector General account), a total of 

18 up to $15,000,000 may be transferred to and merged with 

19 amounts made available in the ‘‘Working Capital Fund’’ 

20 account or the ‘‘Transformation Initiative’’ account under 

21 this title. Any amounts transferred to the ‘‘Trans22 formation Initiative’’ account shall only be available for 

23 information technology requirements and shall remain 

24 available until September 30, 2013. 
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1 SEC. 234. Section 203(c)(2)(B) of the National 

2 Housing Act (12 U.S.C. 1709(c)(2)(B)) is amended to 

3 read as follows: 

4

5 (B) ‘‘In addition to the premium under 

6 subparagraph (A), the Secretary may establish 

7 and collect annual premium payments in an 

8 amount not exceeding 1.50 percent of the re9 maining insured principal balance (excluding 

10 the portion of the remaining balance attrib11 utable to the premium collected under subpara12 graph (A) and without taking into account de13 linquent payments or prepayments). The Sec14 retary, by publication of a notice in the Federal 

15 Register, may establish or change the amount 

16 of the premium under subparagraph (A) or the 

17 annual premium, and the period of the mort18 gage term for which an annual premium 

19 amount shall apply.’’. 

20 SEC. 235. Title II of division I of Public Law 108– 

21 447 and title III of Public Law 109–115 are each amend22 ed by striking the item related to ‘‘Flexible Subsidy 

23 Fund’’. 

24 SEC. 236. (a) LOAN LIMIT FLOOR BASED ON 2008 

25 LEVELS.—For mortgages for which the mortgagee issues 
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1 credit approval for the borrower during fiscal year 2011, 

2 if the dollar amount limitation on the principal obligation 

3 of a mortgage determined under section 203(b)(2) of the 

4 National Housing Act (12 U.S.C. 1709(b)(2)) for any size 

5 residence for any area is less than such dollar amount lim6 itation that was in effect for such size residence for such 

7 area for 2008 pursuant to section 202 of the Economic 

8 Stimulus Act of 2008 (Public Law 110–185; 122 Stat. 

9 620), notwithstanding any other provision of law or of this 

10 Act, the maximum dollar amount limitation on the prin11 cipal obligation of a mortgage for such size residence for 

12 such area for purposes of such section 203(b)(2) shall be 

13 considered (except for purposes of section 255(g) of such 

14 Act (12 U.S.C. 1715z–20(g))) to be such dollar amount 

15 limitation in effect for such size residence for such area 

16 for 2008. 

17 (b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.— 

18 Notwithstanding any other provision of law or of this joint 

19 resolution, if the Secretary of Housing and Urban Devel20 opment determines, for any geographic area that is small21 er than an area for which dollar amount limitations on 

22 the principal obligation of a mortgage are determined 

23 under section 203(b)(2) of the National Housing Act, that 

24 a higher such maximum dollar amount limitation is war25 ranted for any particular size or sizes of residences in such 
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1 sub-area by higher median home prices in such sub-area, 

2 the Secretary may, for mortgages for which the mortgagee 

3 issues credit approval for the borrower during fiscal year 

4 2011, increase the maximum dollar amount limitation for 

5 such size or sizes of residences for such sub-area that is 

6 otherwise in effect (including pursuant to subsection (a) 

7 of this section), but in no case to an amount that exceeds 

8 the amount specified in section 202(a)(2) of the Economic 

9 Stimulus Act of 2008. 

10 SEC. 237. (a) LOAN LIMIT FLOOR BASED ON 2008 

11 LEVELS.—For mortgages originated during fiscal year 

12 2011, if the limitation on the maximum original principal 

13 obligation of a mortgage that may be purchased by the 

14 Federal National Mortgage Association or the Federal 

15 Home Loan Mortgage Corporation determined under sec16 tion 302(b)(2) of the Federal National Mortgage Associa17 tion Charter Act (12 U.S.C. 1717(b)(2)) or section 

18 305(a)(2) of the Federal Home Loan Mortgage Corpora19 tion Act (12 U.S.C. 1754(a)(2)) respectively, for any size 

20 residence for any area is less than such maximum original 

21 principal obligation limitation that was in effect for such 

22 size residence for such area for 2008 pursuant to section 

23 201 of the Economic Stimulus Act of 2008 (Public Law 

24 110–185; 122 Stat. 619), notwithstanding any other pro25 vision of law or of this Act, the limitation on the maximum 
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1 original principal obligation of a mortgage for such Asso2 ciation and Corporation for such size residence for such 

3 area shall be such maximum limitation in effect for such 

4 size residence for such area for 2008. 

5 (b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.— 

6 Notwithstanding any other provision of law or of this Act, 

7 if the Director of the Federal Housing Finance Agency 

8 determines, for any geographic area that is smaller than 

9 an area for which limitations on the maximum original 

10 principal obligation of a mortgage are determined for the 

11 Federal National Mortgage Association or the Federal 

12 Home Loan Mortgage Corporation, that a higher such 

13 maximum original principal obligation limitation is war14 ranted for any particular size or sizes of residences in such 

15 sub-area by higher median home prices in such sub-area, 

16 the Director may, for mortgages originated during fiscal 

17 year 2011, increase the maximum original principal obli18 gation limitation for such size or sizes of residences for 

19 such sub-area that is otherwise in effect (including pursu20 ant to subsection (a) of this section) for such Association 

21 and Corporation, but in no case to an amount that exceeds 

22 the amount specified in the matter following the comma 

23 in section 201(a)(l)(B) of the Economic Stimulus Act of 

24 2008. 
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1 SEC. 238. Notwithstanding any other provision of 

2 this Act, for mortgages for which the mortgagee issues 

3 credit approval for the borrower during fiscal year 2011, 

4 the second sentence of section 255(g) of the National 

5 Housing Act (12 U.S.C. 1715z–20(g)) shall be considered 

6 to require that in no case may the benefits of insurance 

7 under such section 255 exceed 150 percent of the max8 imum dollar amount in effect under the sixth sentence of 

9 section 305(a)(2) of the Federal Home Loan Mortgage 

10 Corporation Act (12 U.S.C. 1454(a)(2)). 

11 TITLE III 

12 RELATED AGENCIES 

13 ACCESS BOARD

14 SALARIES AND EXPENSES

15 For expenses necessary for the Access Board, as au16 thorized by section 502 of the Rehabilitation Act of 1973, 

17 as amended, $7,367,000: Provided, That, notwithstanding 

18 any other provision of law, there may be credited to this 

19 appropriation funds received for publications and training 

20 expenses. 

21 FEDERAL MARITIME COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Federal Maritime 

24 Commission as authorized by section 201(d) of the Mer25 chant Marine Act, 1936, as amended (46 U.S.C. App. 
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1 1111), including services as authorized by 5 U.S.C. 3109; 

2 hire of passenger motor vehicles as authorized by 31 

3 U.S.C. 1343(b); and uniforms or allowances therefore, as 

4 authorized by 5 U.S.C. 5901–5902, $25,498,000: Pro5 vided, That not to exceed $2,000 shall be available for offi6 cial reception and representation expenses. 

7 NATIONAL RAILROAD PASSENGER CORPORATION OFFICE

8 OF INSPECTOR GENERAL

9 OFFICE OF INSPECTOR GENERAL

10 SALARIES AND EXPENSES

11 For necessary expenses of the Office of Inspector 

12 General for the National Railroad Passenger Corporation 

13 to carry out the provisions of the Inspector General Act 

14 of 1978, as amended, $19,500,000: Provided, That the In15 spector General shall have all necessary authority, in car16 rying out the duties specified in the Inspector General Act, 

17 as amended (5 U.S.C. App. 3), to investigate allegations 

18 of fraud, including false statements to the government (18 

19 U.S.C. 1001), by any person or entity that is subject to 

20 regulation by the National Railroad Passenger Corpora21 tion: Provided further, That the Inspector General may 

22 enter into contracts and other arrangements for audits, 

23 studies, analyses, and other services with public agencies 

24 and with private persons, subject to the applicable laws 

25 and regulations that govern the obtaining of such services 
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1 within the National Railroad Passenger Corporation: Pro2 vided further, That the Inspector General may select, ap3 point, and employ such officers and employees as may be 

4 necessary for carrying out the functions, powers, and du5 ties of the Office of Inspector General, subject to the appli6 cable laws and regulations that govern such selections, ap7 pointments, and employment within Amtrak: Provided fur8 ther, That concurrent with the President’s budget request 

9 for fiscal year 2012, the Inspector General shall submit 

10 to the House and Senate Committees on Appropriations 

11 a budget request for fiscal year 2012 in similar format 

12 and substance to those submitted by executive agencies 

13 of the Federal Government. 

14 NATIONAL TRANSPORTATION SAFETY BOARD

15 SALARIES AND EXPENSES

16 For necessary expenses of the National Transpor17 tation Safety Board, including hire of passenger motor ve18 hicles and aircraft; services as authorized by 5 U.S.C. 

19 3109, but at rates for individuals not to exceed the per 

20 diem rate equivalent to the rate for a GS–15; uniforms, 

21 or allowances therefor, as authorized by law (5 U.S.C. 

22 5901–5902), $104,300,000, of which not to exceed $2,000 

23 may be used for official reception and representation ex24 penses. The amounts made available to the National 

25 Transportation Safety Board in this Act include amounts 
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1 necessary to make lease payments on an obligation in2 curred in fiscal year 2001 for a capital lease. 

3 NEIGHBORHOOD REINVESTMENT CORPORATION

4 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

5 CORPORATION

6 For payment to the Neighborhood Reinvestment Cor7 poration for use in neighborhood reinvestment activities, 

8 as authorized by the Neighborhood Reinvestment Corpora9 tion Act (42 U.S.C. 8101–8107), $140,000,000, of which 

10 $5,000,000 shall be for a multi-family rental housing pro11 gram: Provided, That in addition, $35,000,000 shall be 

12 made available until expended for capital grants to reha13 bilitate or finance the rehabilitation of affordable housing 

14 units, including necessary administrative expenses: Pro15 vided further, That in addition, $125,000,000 shall be 

16 made available until expended to the Neighborhood Rein17 vestment Corporation for mortgage foreclosure mitigation 

18 activities, under the following terms and conditions: 

19 (1) The Neighborhood Reinvestment Corpora20 tion (‘‘NRC’’), shall make grants to counseling inter21 mediaries approved by the Department of Housing 

22 and Urban Development (HUD) (with match to be 

23 determined by the NRC based on affordability and 

24 the economic conditions of an area; a match also 

25 may be waived by the NRC based on the aforemen-
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1 tioned conditions) to provide mortgage foreclosure 

2 mitigation assistance primarily to States and areas 

3 with high rates of defaults and foreclosures to help 

4 eliminate the default and foreclosure of mortgages of 

5 owner-occupied single-family homes that are at risk 

6 of such foreclosure. Other than areas with high rates 

7 of defaults and foreclosures, grants may also be pro8 vided to approved counseling intermediaries based on 

9 a geographic analysis of the Nation by the NRC 

10 which determines where there is a prevalence of 

11 mortgages that are risky and likely to fail, including 

12 any trends for mortgages that are likely to default 

13 and face foreclosure. A State Housing Finance 

14 Agency may also be eligible where the State Housing 

15 Finance Agency meets all the requirements under 

16 this paragraph. A HUD-approved counseling inter17 mediary shall meet certain mortgage foreclosure 

18 mitigation assistance counseling requirements, as de19 termined by the NRC, and shall be approved by 

20 HUD or the NRC as meeting these requirements. 

21 (2) Mortgage foreclosure mitigation assistance 

22 shall only be made available to homeowners of 

23 owner-occupied homes with mortgages in default or 

24 in danger of default. These mortgages shall likely be 

25 subject to a foreclosure action and homeowners will 
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1 be provided such assistance that shall consist of ac2 tivities that are likely to prevent foreclosures and re3 sult in the long-term affordability of the mortgage 

4 retained pursuant to such activity or another posi5 tive outcome for the homeowner. No funds made 

6 available under this paragraph may be provided di7 rectly to lenders or homeowners to discharge out8 standing mortgage balances or for any other direct 

9 debt reduction payments. 

10 (3) The use of Mortgage Foreclosure Mitigation 

11 Assistance by approved counseling intermediaries 

12 and State Housing Finance Agencies shall involve a 

13 reasonable analysis of the borrower’s financial situa14 tion, an evaluation of the current value of the prop15 erty that is subject to the mortgage, counseling re16 garding the assumption of the mortgage by another 

17 non-Federal party, counseling regarding the possible 

18 purchase of the mortgage by a non-Federal third 

19 party, counseling and advice of all likely restruc20 turing and refinancing strategies or the approval of 

21 a work-out strategy by all interested parties. 

22 (4) NRC may provide up to 15 percent of the 

23 total funds under this paragraph to its own charter 

24 members with expertise in foreclosure prevention 

25 counseling, subject to a certification by the NRC 
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1 that the procedures for selection do not consist of 

2 any procedures or activities that could be construed 

3 as an unacceptable conflict of interest or have the 

4 appearance of impropriety. 

5 (5) HUD-approved counseling entities and 

6 State Housing Finance Agencies receiving funds 

7 under this paragraph shall have demonstrated expe8 rience in successfully working with financial institu9 tions as well as borrowers facing default, delin10 quency and foreclosure as well as documented coun11 seling capacity, outreach capacity, past successful 

12 performance and positive outcomes with documented 

13 counseling plans (including post mortgage fore14 closure mitigation counseling), loan workout agree15 ments and loan modification agreements. NRC may 

16 use other criteria to demonstrate capacity in under17 served areas. 

18 (6) Of the total amount made available under 

19 this paragraph, up to $3,000,000 may be made 

20 available to build the mortgage foreclosure and de21 fault mitigation counseling capacity of counseling 

22 intermediaries through NRC training courses with 

23 HUD-approved counseling intermediaries and their 

24 partners, except that private financial institutions 
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1 that participate in NRC training shall pay market 

2 rates for such training. 

3 (7) Of the total amount made available under 

4 this paragraph, up to 4 percent may be used for as5 sociated administrative expenses for the NRC to 

6 carry out activities provided under this section. 

7 (8) Mortgage foreclosure mitigation assistance 

8 grants may include a budget for outreach and adver9 tising, and training, as determined by the NRC. 

10 (9) The NRC shall continue to report bi-annu11 ally to the House and Senate Committees on Appro12 priations as well as the Senate Banking Committee 

13 and House Financial Services Committee on its ef14 forts to mitigate mortgage default. 

15 UNITED STATES INTERAGENCY COUNCIL ON

16 HOMELESSNESS

17 OPERATING EXPENSES

18 For necessary expenses (including payment of sala19 ries, authorized travel, hire of passenger motor vehicles, 

20 the rental of conference rooms, and the employment of ex21 perts and consultants under section 3109 of title 5, United 

22 States Code) of the United States Interagency Council on 

23 Homelessness in carrying out the functions pursuant to 

24 title II of the McKinney-Vento Homeless Assistance Act, 

25 as amended, $2,680,000. 
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1 Section 209 of the McKinney-Vento Homeless Assist2 ance Act (42 U.S.C. 11319) is amended by striking the 

3 date specified in such section and inserting ‘‘October 1, 

4 2012’’. 

5 TITLE IV 

6 GENERAL PROVISIONS—THIS ACT 

7 SEC. 401. Such sums as may be necessary for fiscal 

8 year 2010 pay raises for programs funded in this Act shall 

9 be absorbed within the levels appropriated in this Act or 

10 previous appropriations Acts. 

11 SEC. 402. None of the funds in this Act shall be used 

12 for the planning or execution of any program to pay the 

13 expenses of, or otherwise compensate, non-Federal parties 

14 intervening in regulatory or adjudicatory proceedings 

15 funded in this Act. 

16 SEC. 403. None of the funds appropriated in this Act 

17 shall remain available for obligation beyond the current 

18 fiscal year, nor may any be transferred to other appropria19 tions, unless expressly so provided herein. 

20 SEC. 404. The expenditure of any appropriation 

21 under this Act for any consulting service through procure22 ment contract pursuant to section 3109 of title 5, United 

23 States Code, shall be limited to those contracts where such 

24 expenditures are a matter of public record and available 

25 for public inspection, except where otherwise provided 
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1 under existing law, or under existing Executive order 

2 issued pursuant to existing law. 

3 SEC. 405. Except as otherwise provided in this Act, 

4 none of the funds provided in this Act, provided by pre5 vious appropriations Acts to the agencies or entities fund6 ed in this Act that remain available for obligation or ex7 penditure in fiscal year 2011, or provided from any ac8 counts in the Treasury derived by the collection of fees 

9 and available to the agencies funded by this Act, shall be 

10 available for obligation or expenditure through a re11 programming of funds that: (1) creates a new program; 

12 (2) eliminates a program, project, or activity; (3) increases 

13 funds or personnel for any program, project, or activity 

14 for which funds have been denied or restricted by the Con15 gress; (4) proposes to use funds directed for a specific ac16 tivity by either the House or Senate Committees on Ap17 propriations for a different purpose; (5) augments existing 

18 programs, projects, or activities in excess of $5,000,000 

19 or 10 percent, whichever is less; (6) reduces existing pro20 grams, projects, or activities by $5,000,000 or 10 percent, 

21 whichever is less; or (7) creates, reorganizes, or restruc22 tures a branch, division, office, bureau, board, commis23 sion, agency, administration, or department different from 

24 the budget justifications submitted to the Committees on 

25 Appropriations or the table accompanying the explanatory 
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1 statement accompanying this Act, whichever is more de2 tailed, unless prior approval is received from the House 

3 and Senate Committees on Appropriations: Provided, That 

4 not later than 60 days after the date of enactment of this 

5 Act, each agency funded by this Act shall submit a report 

6 to the Committees on Appropriations of the Senate and 

7 of the House of Representatives to establish the baseline 

8 for application of reprogramming and transfer authorities 

9 for the current fiscal year: Provided further, That the re10 port shall include: (1) a table for each appropriation with 

11 a separate column to display the President’s budget re12 quest, adjustments made by Congress, adjustments due to 

13 enacted rescissions, if appropriate, and the fiscal year en14 acted level; (2) a delineation in the table for each appro15 priation both by object class and program, project, and 

16 activity as detailed in the budget appendix for the respec17 tive appropriation; and (3) an identification of items of 

18 special congressional interest: Provided further, That the 

19 amount appropriated or limited for salaries and expenses 

20 for an agency shall be reduced by $100,000 per day for 

21 each day after the required date that the report has not 

22 been submitted to the Congress. 

23 SEC. 406. Except as otherwise specifically provided 

24 by law, not to exceed 50 percent of unobligated balances 

25 remaining available at the end of fiscal year 2011 from 
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1 appropriations made available for salaries and expenses 

2 for fiscal year 2011 in this Act, shall remain available 

3 through September 30, 2012, for each such account for 

4 the purposes authorized: Provided, That a request shall 

5 be submitted to the House and Senate Committees on Ap6 propriations for approval prior to the expenditure of such 

7 funds: Provided further, That these requests shall be made 

8 in compliance with reprogramming guidelines under sec9 tion 405 of this Act. 

10 SEC. 407. All Federal agencies and departments that 

11 are funded under this Act shall issue a report to the House 

12 and Senate Committees on Appropriations on all sole13 source contracts by no later than July 30, 2011. Such re14 port shall include the contractor, the amount of the con15 tract and the rationale for using a sole-source contract. 

16 SEC. 408. (a) None of the funds made available in 

17 this Act may be obligated or expended for any employee 

18 training that— 

19 (1) does not meet identified needs for knowl20 edge, skills, and abilities bearing directly upon the 

21 performance of official duties; 

22 (2) contains elements likely to induce high lev23 els of emotional response or psychological stress in 

24 some participants; 
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1 (3) does not require prior employee notification 

2 of the content and methods to be used in the train3 ing and written end of course evaluation; 

4 (4) contains any methods or content associated 

5 with religious or quasi-religious belief systems or 

6 ‘‘new age’’ belief systems as defined in Equal Em7 ployment Opportunity Commission Notice N– 

8 915.022, dated September 2, 1988; or 

9 (5) is offensive to, or designed to change, par10 ticipants’ personal values or lifestyle outside the 

11 workplace. 

12 (b) Nothing in this section shall prohibit, restrict, or 

13 otherwise preclude an agency from conducting training 

14 bearing directly upon the performance of official duties. 

15 SEC. 409. No funds in this Act may be used to sup16 port any Federal, State, or local projects that seek to use 

17 the power of eminent domain, unless eminent domain is 

18 employed only for a public use: Provided, That for pur19 poses of this section, public use shall not be construed to 

20 include economic development that primarily benefits pri21 vate entities: Provided further, That any use of funds for 

22 mass transit, railroad, airport, seaport or highway projects 

23 as well as utility projects which benefit or serve the gen24 eral public (including energy-related, communication-re25 lated, water-related and wastewater-related infrastruc-
187 

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1 ture), other structures designated for use by the general 

2 public or which have other common-carrier or public-util3 ity functions that serve the general public and are subject 

4 to regulation and oversight by the government, and 

5 projects for the removal of an immediate threat to public 

6 health and safety or brownsfield as defined in the Small 

7 Business Liability Relief and Brownsfield Revitalization 

8 Act (Public Law 107–118) shall be considered a public 

9 use for purposes of eminent domain. 

10 SEC. 410. None of the funds made available in this 

11 Act may be transferred to any department, agency, or in12 strumentality of the United States Government, except 

13 pursuant to a transfer made by, or transfer authority pro14 vided in, this Act or any other appropriations Act. 

15 SEC. 411. No part of any appropriation contained in 

16 this Act shall be available to pay the salary for any person 

17 filling a position, other than a temporary position, for18 merly held by an employee who has left to enter the Armed 

19 Forces of the United States and has satisfactorily com20 pleted his period of active military or naval service, and 

21 has within 90 days after his release from such service or 

22 from hospitalization continuing after discharge for a pe23 riod of not more than 1 year, made application for restora24 tion to his former position and has been certified by the 

25 Office of Personnel Management as still qualified to per-
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1 form the duties of his former position and has not been 

2 restored thereto. 

3 SEC. 412. No funds appropriated pursuant to this 

4 Act may be expended by an entity unless the entity agrees 

5 that in expending the assistance the entity will comply 

6 with sections 2 through 4 of the Act of March 3, 1933 

7 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer8 ican Act’’). 

9 SEC. 413. No funds appropriated or otherwise made 

10 available under this Act shall be made available to any 

11 person or entity that has been convicted of violating the 

12 Buy American Act (41 U.S.C. 10a–10c). 

13 SEC. 414. None of the funds made available in this 

14 Act may be used for first-class airline accommodations in 

15 contravention of sections 301–10.122 and 301–10.123 of 

16 title 41, Code of Federal Regulations. 

17 SEC. 415. None of the funds made available in this 

18 Act may be used to purchase a light bulb for an office 

19 building unless the light bulb has, to the extent prac20 ticable, an Energy Star or Federal Energy Management 

21 Program designation. 

22 SEC. 416. (a) None of the funds made available in 

23 this Act may be used to establish, issue, implement, ad24 minister, or enforce any prohibition or restriction on the 

25 establishment or effectiveness of any occupancy preference 
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1 for veterans in supportive housing for the elderly that: (1) 

2 is provided assistance by the Department of Housing and 

3 Urban Development; and (2)(A) is or would be located on 

4 property of the Department of Veterans Affairs; or (B) 

5 is subject to an enhanced use lease with the Department 

6 of Veterans Affairs. 

7 SEC. 417. None of the funds made available under 

8 this Act or any prior Act may be provided to the Associa9 tion of Community Organizations for Reform Now 

10 (ACORN), or any of its affiliates, subsidiaries, or allied 

11 organizations. 

12 SEC. 418. After any notice of funding availability or 

13 any other notice designed to solicit applications for fund14 ing issued by either of the following departments for a 

15 competitive grant program with an annual budget, includ16 ing grants, equal to or exceeding $100,000,000, the Sec17 retary of the Department of Transportation and the Sec18 retary of Housing and Urban Development shall post on 

19 their Web sites the following information regarding any 

20 of the applicable programs including, but not limited to, 

21 the primary purpose of the grant program, the criteria for 

22 grant selection, and the process for the decisionmaking by 

23 the Department: Provided, That once all valid applications 

24 have been received by the Department for a program by 

25 a date certain established by the Department, the Depart-
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1 ment shall post on its Web site a summary of the primary 

2 information in each grant application, including the appli3 cant’s name, address, phone number, point of contact, and 

4 the primary funding or other request of each grantee: Pro5 vided further, That a department shall post on its Web 

6 site the name of all successful grantees, the grant award 

7 amount, and the justification for the selection by the de8 partment as well as the methodology for the award selec9 tions, including how the selected awards are consistent 

10 with program goals, and as soon as is available, a sum11 mary of all benchmarks and deadlines that are expected 

12 to be met by a grantee. 

13 This Act may be cited as the ‘‘Transportation, Hous14 ing and Urban Development, and Related Agencies Appro15 priations Act, 2011’’. 

Calendar No. 482 

111TH CONGRESS 

2D SESSION S. 3644 

[Report No. 111–230] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2011, and for other puropment, and related agencies for the fiscal year Transportation, and Housing and Urban DevelJULY 23, 2010 

Read twice and placed on the calendar