U.S. Congress - Text of S.3644 as Placed on Calendar Senate Transportation, Housing and Urban Development, and Related Agencies Appropriations Act,...
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Donate NowS.3644 - Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2011
An original 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.
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S 3644 PCSCommentsClose CommentsPermalink
Calendar No. 482CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3644CommentsClose CommentsPermalink
[Report No. 111-230]CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
July 23, 2010CommentsClose CommentsPermalink
July 23, 2010CommentsClose CommentsPermalink
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 calendarCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2011, and for other purposes, namely:CommentsClose CommentsPermalink
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $113,961,000, of which not to exceed $2,667,000 shall be available for the immediate Office of the Secretary; not to exceed $1,000,000 shall be available for the Immediate Office of the Deputy Secretary; not to exceed $20,211,000 shall be available for the Office of the General Counsel; not to exceed $16,568,000 shall be available for the Office of the Under Secretary of Transportation for Policy; not to exceed $11,216,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $2,200,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $25,695,000 shall be available for the Office of the Assistant Secretary for Administration; not to exceed $1,800,000 shall be available for the Office of Public Affairs; not to exceed $1,683,000 shall be available for the Office of the Executive Secretariat; not to exceed $1,513,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $10,999,000 for the Office of Intelligence, Security, and Emergency Response; and not to exceed $18,409,000 shall be available for the Office of the Chief Information Officer: Provided, That the Secretary of Transportation is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 5 percent by all such transfers: Provided further, That notice of any change in funding greater than 5 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That not to exceed $60,000 shall be for allocation within the Department for official reception and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law, excluding fees authorized in
transportation investment grants
For capital investments in surface transportation infrastructure, $800,000,000, to remain available through September 30, 2012: Provided, That the Secretary of Transportation shall distribute funds provided under this heading as discretionary grants to be awarded to a State, local government, transit agency, or a collaboration among such entities on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region: Provided further, That projects eligible for funding provided under this heading shall include, but not be limited to, highway or bridge projects eligible under title 23, United States Code; public transportation projects eligible under chapter 53 of title 49, United States Code; passenger and freight rail transportation projects; and port infrastructure investments: Provided further, That in distributing funds provided under this heading, the Secretary shall take such measures so as to ensure an equitable geographic distribution of funds, an appropriate balance in addressing the needs of urban and rural areas, and the investment in a variety of transportation modes: Provided further, That a grant funded under this heading shall be not less than $10,000,000 and not greater than $200,000,000: Provided further, That not more than 25 percent of the funds made available under this heading may be awarded to projects in a single State: Provided further, That the Federal share of the costs for which an expenditure is made under this heading shall be, at the option of the recipient, up to 80 percent: Provided further, That the Secretary shall give priority to projects that require a contribution of Federal funds in order to complete an overall financing package: Provided further, That not less than $140,000,000 of the funds provided under this heading shall be for projects located in rural areas: Provided further, That for projects located in rural areas, the minimum grant size shall be $1,000,000 and the Secretary may increase the Federal share of costs above 80 percent: Provided further, That of the amount made available under this heading, the Secretary may use an amount not to exceed $150,000,000 for the purpose of paying the subsidy and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary finds that such use of the funds would advance the purposes of this paragraph: Provided further, That projects conducted using funds provided under this heading must comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code: Provided further, That the Secretary shall publish criteria on which to base the competition for any grants awarded under this heading no sooner than 60 days after enactment of this Act, require applications for funding provided under this heading to be submitted no sooner than 120 days after the publication of such criteria, and announce all projects selected to be funded from funds provided under this heading no sooner than September 15, 2010: Provided further, That the Secretary may retain up to $25,000,000 of the funds provided under this heading, and may transfer portions of those funds to the Administrators of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration and the Federal Maritime Administration, to fund the award and oversight of grants made under this heading.CommentsClose CommentsPermalink
financial management capital
For necessary expenses for upgrading and enhancing the Department of Transportation’s financial systems and re-engineering business processes, $21,000,000, to remain available through September 30, 2014.CommentsClose CommentsPermalink
cyber security initiatives
For necessary one-time expenses for cyber security initiatives, including improvement of network perimeter controls and identity management, testing and assessment of information technology against business, security, and other requirements, implementation of Federal cyber security initiatives and information infrastructure enhancements, implementation of enhanced security controls on network devices, and enhancement of cyber security workforce training tools, $30,000,000, to remain available through September 30, 2014.CommentsClose CommentsPermalink
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,767,000.CommentsClose CommentsPermalink
transportation planning, research, and development
For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, to remain available until expended, $9,819,000.CommentsClose CommentsPermalink
working capital fund
For necessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $147,596,000, shall be paid from appropriations made available to the Department of Transportation: Provided, That such services shall be provided on a competitive basis to entities within the Department of Transportation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the Department shall be transferred to the Working Capital Fund without the approval of the agency modal administrator: Provided further, That no assessments may be levied against any program, budget activity, subactivity or project funded by this Act unless notice of such assessments and the basis therefor are presented to the House and Senate Committees on Appropriations and are approved by such Committees.CommentsClose CommentsPermalink
minority business resource center program
For the cost of guaranteed loans, $329,000, as authorized by
minority business outreach
For necessary expenses of Minority Business Resource Center outreach activities, $3,395,000, to remain available until September 30, 2012: Provided, That notwithstanding
payments to air carriers
(airport and airway trust fund)
(including transfer of funds)
In addition to funds made available from any other source to carry out the essential air service program under
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for Congressional notification.CommentsClose CommentsPermalink
Sec. 102. None of the funds made available under this Act may be obligated or expended to establish or implement a program under which essential air service communities are required to assume subsidy costs commonly referred to as the EAS local participation program.CommentsClose CommentsPermalink
Sec. 103. The Secretary or his designee may engage in activities with States and State legislators to consider proposals related to the reduction of motorcycle fatalities.CommentsClose CommentsPermalink
Federal Aviation Administration
operations
(airport and airway trust fund)
(including transfer of funds)
For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts made available by
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of national airspace systems and experimental facilities and equipment, as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this heading, including aircraft for aviation regulation and certification; to be derived from the Airport and Airway Trust Fund, $2,970,000,000, of which $2,483,000,000 shall remain available until September 30, 2013, and of which $487,000,000 shall remain available until September 30, 2011: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment, improvement, and modernization of national airspace systems: Provided further, That upon initial submission to the Congress of the fiscal year 2012 President’s budget, the Secretary of Transportation shall transmit to the Congress a comprehensive capital investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal years 2012 through 2016, with total funding for each year of the plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget.CommentsClose CommentsPermalink
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant, $198,750,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2013: Provided, That there may be credited to this appropriation as offsetting collections, funds received from States, counties, municipalities, other public authorities, and private sources, which shall be available for expenses incurred for research, engineering, and development.CommentsClose CommentsPermalink
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, and under other law authorizing such obligations; for procurement, installation, and commissioning of runway incursion prevention devices and systems at airports of such title; for grants authorized under
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate in excess of 600 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2011.CommentsClose CommentsPermalink
Sec. 111. None of the funds in this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided, That the prohibition of funds in this section does not apply to negotiations between the agency and airport sponsors to achieve agreement on ‘below-market’ rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities.CommentsClose CommentsPermalink
Sec. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy
Sec. 113. Amounts collected under
Sec. 114. None of the funds limited by this Act for grants under the Airport Improvement Program shall be made available to the sponsor of a commercial service airport if such sponsor fails to agree to a request from the Secretary of Transportation for cost-free space in a nonrevenue producing, public use area of the airport terminal or other airport facilities for the purpose of carrying out a public service air passenger rights and consumer outreach campaign.CommentsClose CommentsPermalink
Sec. 115. None of the funds in this Act shall be available for paying premium pay under sub
Sec. 116. None of the funds in this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card.CommentsClose CommentsPermalink
Sec. 117. The Secretary shall apportion to the sponsor of an airport that received scheduled or unscheduled air service from a large certified air carrier (as defined in part 241 of title 14 Code of Federal Regulations, or such other regulations as may be issued by the Secretary under the authority of section 41709) an amount equal to the minimum apportionment specified in
Sec. 118. None of the funds in this Act may be obligated or expended for retention bonuses for an employee of the Federal Aviation Administration without the prior written approval of the Deputy Assistant Secretary for Administration of the Department of Transportation.CommentsClose CommentsPermalink
Sec. 119. Subparagraph (D) of
Federal Highway Administration
limitation on administrative expenses
(including transfer of funds)
Not to exceed $417,843,000, together with advances and reimbursements received by the Federal Highway Administration, shall be paid in accordance with law from appropriations made available by this Act to the Federal Highway Administration for necessary expenses for administration and operation. In addition, not to exceed $3,300,000 shall be paid from appropriations made available by this Act and transferred to the Appalachian Regional Commission in accordance with
federal-aid highways
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the implementation or execution of programs, the obligations for which are in excess of $41,776,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 2011: Provided, That within the $41,776,000,000 obligation limitation on Federal-aid highways and highway safety construction programs, not more than $429,800,000 shall be available for the implementation or execution of programs for transportation research (chapter 5 of title 23, United States Code; sections 111, 5505, and 5506 of title 49, United States Code; and title 5 of
(liquidation of contract authorization)
For carrying out the provisions of title 23, United States Code, that are attributable to Federal-aid highways, not otherwise provided, including reimbursement for sums expended pursuant to the provisions of
(rescission of unobligated balances)
(highway trust fund)
Of the unobligated balances of funds made available for obligation under
planning capacity grants
For activities eligible under sections 134 and 135 of title 23, United States Code, and sections 5303 and 5304 of title 49 of such Code, $200,000,000, to remain available through September 30, 2012: Provided, That the Secretary of Transportation shall distribute funds provided under this heading as discretionary grants to be awarded to a metropolitan planning organization, or to a State, local, tribal government, or agency thereof, on a competitive basis for activities that will improve surface transportation planning: Provided further, That not less than $50,000,000 of the funds provided under this heading shall be for grants that improve planning for rural areas: Provided further, That up to $12,000,000 of the funds provided under this heading may be for grants that improve public involvement in surface transportation planning: Provided further, That a grant funded under this heading shall be not greater than $5,000,000: Provided further, That the Federal share of the costs for which an expenditure is made under this heading shall be 80 percent: Provided further, That the Secretary may retain up to 1 percent of the funds provided under this section to fund the award and oversight of grants made under this heading: Provided further, That of the funds retained under the previous proviso, 50 percent shall be transferred to the Federal Highway Administration and 50 percent shall be transferred to the Federal Transit Administration.CommentsClose CommentsPermalink
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2010, the Secretary of Transportation shall--CommentsClose CommentsPermalink
(1) not distribute from the obligation limitation for Federal-aid highways amounts authorized for administrative expenses and programs by
(2) not distribute from the obligation limitation for Federal-aid highways amounts authorized for administrative expenses and programs by
(3) determine the ratio that--CommentsClose CommentsPermalink
(A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under paragraphs (1) and (2), bears toCommentsClose CommentsPermalink
(B) the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (9) of subsection (b) and sums authorized to be appropriated for
(4)(A) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users; sections 117 (but individually for each project numbered 1 through 3676 listed in the table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) and
(B) distribute $2,000,000,000 for
(5) distribute the obligation limitation provided for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraph (4), for each of the programs that are allocated by the Secretary under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users and title 23, United States Code (other than to programs to which paragraphs (1) and (4) apply), by multiplying the ratio determined under paragraph (3) by the amounts authorized to be appropriated for each such program for such fiscal year; andCommentsClose CommentsPermalink
(6) distribute the obligation limitation provided for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5), for Federal-aid highways and highway safety construction programs (other than the amounts apportioned for the equity bonus program, but only to the extent that the amounts apportioned for the equity bonus program for the fiscal year are greater than $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users and title 23, United States Code, in the ratio that--CommentsClose CommentsPermalink
(A) amounts authorized to be appropriated for such programs that are apportioned to each State for such fiscal year, bear toCommentsClose CommentsPermalink
(B) the total of the amounts authorized to be appropriated for such programs that are apportioned to all States for such fiscal year.CommentsClose CommentsPermalink
(b) Exceptions From Obligation Limitation- The obligation limitation for Federal-aid highways shall not apply to obligations: (1) under
(c) Redistribution of Unused Obligation Authority- Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year, revise a distribution of the obligation limitation made available under subsection (a) if the amount distributed cannot be obligated during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States Code.CommentsClose CommentsPermalink
(d) Applicability of Obligation Limitations to Transportation Research Programs- The obligation limitation shall apply to transportation research programs carried out under chapter 5 of title 23, United States Code, and title V (research title) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, except that obligation authority made available for such programs under such limitation shall remain available for a period of 3 fiscal years and shall be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.CommentsClose CommentsPermalink
(e) Redistribution of Certain Authorized Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 30 days after the date of the distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds thatCommentsClose CommentsPermalink
(A) are authorized to be appropriated for such fiscal year for Federal-aid highways programs; andCommentsClose CommentsPermalink
(B) the Secretary determines will not be allocated to the States, and will not be available for obligation, in such fiscal year due to the imposition of any obligation limitation for such fiscal year.CommentsClose CommentsPermalink
(2) RATIO- Funds shall be distributed under paragraph (1) in the same ratio as the distribution of obligation authority under subsection (a)(6).CommentsClose CommentsPermalink
(3) AVAILABILITY- Funds distributed under paragraph (1) shall be available for any purposes described in
(f) Special Limitation Characteristics- Obligation limitation distributed for a fiscal year under subsection (a)(4) for the provision specified in subsection (a)(4) shall--CommentsClose CommentsPermalink
(1) remain available until used for obligation of funds for that provision; andCommentsClose CommentsPermalink
(2) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.CommentsClose CommentsPermalink
(g) High-priority Project Flexibility-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2), obligation authority distributed for such fiscal year under subsection (a)(4) for each project numbered 1 through 3676 listed in the table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users may be obligated for any other project in such section in the same State.CommentsClose CommentsPermalink
(2) RESTORATION- Obligation authority used as described in paragraph (1) shall be restored to the original purpose on the date on which obligation authority is distributed under this section for the next fiscal year following obligation under paragraph (1).CommentsClose CommentsPermalink
(h) Limitation on Statutory Construction- Nothing in this section shall be construed to limit the distribution of obligation authority under subsection (a)(4)(A) for each of the individual projects numbered greater than 3676 listed in the table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users.CommentsClose CommentsPermalink
Sec. 121. Notwithstanding
Sec. 122. Not less than 15 days prior to waiving, under his statutory authority, any Buy America requirement for Federal-aid highway projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided, That the Secretary shall provide an annual report to the Appropriations Committees of the Congress on any waivers granted under the Buy America requirements.CommentsClose CommentsPermalink
Sec. 123. (a) In General- Except as provided in subsection (b), none of the funds made available, limited, or otherwise affected by this Act shall be used to approve or otherwise authorize the imposition of any toll on any segment of highway located on the Federal-aid system in the State of Texas that--CommentsClose CommentsPermalink
(1) as of the date of enactment of this Act, is not tolled;CommentsClose CommentsPermalink
(2) is constructed with Federal assistance provided under title 23, United States Code; andCommentsClose CommentsPermalink
(3) is in actual operation as of the date of enactment of this Act.CommentsClose CommentsPermalink
(b) Exceptions-CommentsClose CommentsPermalink
(1) NUMBER OF TOLL LANES- Subsection (a) shall not apply to any segment of highway on the Federal-aid system described in that subsection that, as of the date on which a toll is imposed on the segment, will have the same number of nontoll lanes as were in existence prior to that date.CommentsClose CommentsPermalink
(2) HIGH-OCCUPANCY VEHICLE LANES- A high-occupancy vehicle lane that is converted to a toll lane shall not be subject to this section, and shall not be considered to be a nontoll lane for purposes of determining whether a highway will have fewer nontoll lanes than prior to the date of imposition of the toll, if--CommentsClose CommentsPermalink
(A) high-occupancy vehicles occupied by the number of passengers specified by the entity operating the toll lane may use the toll lane without paying a toll, unless otherwise specified by the appropriate county, town, municipal or other local government entity, or public toll road or transit authority; orCommentsClose CommentsPermalink
(B) each high-occupancy vehicle lane that was converted to a toll lane was constructed as a temporary lane to be replaced by a toll lane under a plan approved by the appropriate county, town, municipal or other local government entity, or public toll road or transit authority.CommentsClose CommentsPermalink
Sec. 124. There is hereby appropriated to the Secretary of Transportation for the necessary expenses of certain highway and surface transportation projects, $175,269,000, to remain available until expended: Provided, That the amount provided by this section shall be made available for the programs, projects, and activities identified under this section in the Committee report accompanying this Act: Provided further, That funds provided by this section, at the request of a State, shall be transferred by the Secretary of Transportation to another Federal agency: Provided further, That none of the funds set aside by this section shall be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs set forth in this Act or any other Act.CommentsClose CommentsPermalink
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation, execution and administration of motor carrier safety operations and programs pursuant to
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred in carrying out sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States Code, and sections 4126 and 4128 of
motor carrier safety
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior appropriations Acts, $7,300,000 in unobligated balances are permanently rescinded.CommentsClose CommentsPermalink
national motor carrier safety program
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior appropriations Acts, $15,000,000 in unobligated balances are permanently rescinded.CommentsClose CommentsPermalink
administrative provision--federal motor carrier safety administration
Sec. 135. Funds appropriated or limited in this Act shall be subject to the terms and conditions stipulated in section 350 of
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety under subtitle C of title X of
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions of
national driver register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of title 49, United States Code, $4,170,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to remain available until expended: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the total obligations for which, in fiscal year 2011, are in excess of $4,170,000 for the National Driver Register authorized under such chapter.CommentsClose CommentsPermalink
national driver register modernization
For an additional amount for the ‘National Driver Register’as authorized by chapter 303 of title 49, United States Code, $2,530,000, to remain available through September 30, 2012: Provided, That the funding made available under this heading shall be used to continue the modernization of the National Driver Register.CommentsClose CommentsPermalink
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions of
administrative provisions--national highway traffic safety administration
(including rescissions)
Sec. 140. Notwithstanding any other provision of law or limitation on the use of funds made available under
Sec. 141. The limitations on obligations for the programs of the National Highway Traffic Safety Administration set in this Act shall not apply to obligations for which obligation authority was made available in previous public laws for multiple years but only to the extent that the obligation authority has not lapsed or been used.CommentsClose CommentsPermalink
Sec. 142. Of the amounts made available under the heading ‘Operations and Research (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)’ in prior appropriations Acts, $1,829,000 in unobligated balances are permanently rescinded.CommentsClose CommentsPermalink
Sec. 143. Of the amounts made available under the heading ‘National Driver Register (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)’ in prior appropriations Acts, $78,000 in unobligated balances are permanently rescinded.CommentsClose CommentsPermalink
Sec. 144. Of the amounts made available under the heading ‘Highway Traffic Safety Grants (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)’ in prior appropriations Acts, $79,843,000 in unobligated balances are permanently rescinded.CommentsClose CommentsPermalink
Federal Railroad Administration
SAFETY AND OPERATIONS
For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $205,098,000, of which $8,380,000 shall remain available through September 30, 2012, and $34,093,000 shall remain available until expended.CommentsClose CommentsPermalink
railroad research and development
For necessary expenses for railroad research and development, $40,000,000, to remain available until expended.CommentsClose CommentsPermalink
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (
railroad safety technology program
For necessary expenses of carrying out
capital assistance for high speed rail corridors and intercity passenger rail service
To enable the Secretary of Transportation to make grants for high-speed rail projects as authorized under
operating subsidy grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly grants to the National Railroad Passenger Corporation for the operation of intercity passenger rail, as authorized by section 101 of the Passenger Rail Investment and Improvement Act of 2008 (division B of
capital and debt service grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for capital investments as authorized by section 101(c) and 219(b) of the Passenger Rail Investment and Improvement Act of 2008 (division B of
administrative provisions--federal railroad administration
Sec. 151. The Secretary may purchase promotional items of nominal value for use in public outreach activities to accomplish the purposes of
Sec. 152. Hereafter, notwithstanding any other provision of law, funds provided in this Act for the National Railroad Passenger Corporation shall immediately cease to be available to said Corporation in the event that the Corporation contracts to have services provided at or from any location outside the United States. For purposes of this section, the word ‘services’ shall mean any service that was, as of July 1, 2006, performed by a full-time or part-time Amtrak employee whose base of employment is located within the United States.CommentsClose CommentsPermalink
Sec. 153. The Secretary of Transportation may receive and expend cash, or receive and utilize spare parts and similar items, from non-United States Government sources to repair damages to or replace United States Government owned automated track inspection cars and equipment as a result of third party liability for such damages, and any amounts collected under this section shall be credited directly to the Safety and Operations account of the Federal Railroad Administration, and shall remain available until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program.CommentsClose CommentsPermalink
Sec. 154. The Administrator of the Federal Railroad Administration shall submit a report on May 31, 2011, to the House and Senate Committees on Appropriations detailing the Administrator’s efforts at improving the on-time performance of Amtrak intercity rail service operating on non-Amtrak owned property. Such reports shall compare the most recent actual on-time performance data to pre-established on-time performance goals that the Administrator shall set for each rail service, identified by route. Such reports shall also include whatever other information and data regarding the on-time performance of Amtrak trains the Administrator deems to be appropriate.CommentsClose CommentsPermalink
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit Administration’s programs authorized by chapter 53 of title 49, United States Code, $106,981,000: Provided, That for an additional amount to carry out public transportation fixed guideway safety oversight activities, $5,000,000, if legislation authorizing such activities is enacted into law prior to September 30, 2011: Provided further, That of the funds available under this heading, not to exceed $2,000,000 shall be available for travel: Provided further, That none of the funds provided or limited in this Act may be used to create a permanent office of transit security under this heading: Provided further, That upon submission to the Congress of the fiscal year 2012 President’s budget, the Secretary of Transportation shall transmit to Congress the annual report on new starts, including proposed allocations of funds for fiscal year 2012.CommentsClose CommentsPermalink
formula and bus grants
(liquidation of contract authority)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions of
RESEARCH AND UNIVERSITY RESEARCH CENTERS
For necessary expenses to carry out
capital investment grants
(including transfer of funds)
For necessary expenses to carry out
grants for energy efficiency and greenhouse gas reductions
For grants to public transit agencies for capital investments that will reduce the energy consumption or greenhouse gas emissions of their public transportation systems, $100,000,000, to remain available through September 30, 2013: Provided, That priority shall be given to projects that use innovative and potentially replicable approaches to reducing energy consumption or greenhouse gas emissions: Provided further, That the Secretary shall publish criteria on which to base the competition for any grants awarded under this heading no sooner than 90 days after the enactment of this Act, require applications for funding provided under this heading to be submitted no sooner than 120 days after the publication of such criteria, and announce all projects selected to be funded from funds provided under this heading no sooner than September 15, 2011.CommentsClose CommentsPermalink
washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as authorized under section 601 of division B of
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under
Sec. 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under ‘Federal Transit Administration, Capital Investment Grants’ and for bus and bus facilities under ‘Federal Transit Administration, Formula and Bus Grants’ for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2013, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided.CommentsClose CommentsPermalink
Sec. 162. Notwithstanding any other provision of law, any funds appropriated before October 1, 2010, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure, may be transferred to and administered under the most recent appropriation heading for any such section.CommentsClose CommentsPermalink
Sec. 163. Notwithstanding any other provision of law, unobligated funds made available for new fixed guideway system projects under the heading ‘Federal Transit Administration, Capital investment grants’ in any appropriations Act prior to this Act may be used during this fiscal year to satisfy expenses incurred for such projects.CommentsClose CommentsPermalink
Sec. 164. In addition to the amounts made available under
Sec. 165. (a) Notwithstanding any other provision of law, unobligated funds or recoveries under
Sec. 166. Funds made available for Alaska or Hawaii ferry boats or ferry terminal facilities pursuant to
Sec. 167. Notwithstanding any other provision of law, for fiscal year 2011, the total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all outstanding full funding grant agreements entered into on or before September 30, 2009, and all outstanding letters of intent and early systems work agreements under sub
Sec. 168. None of the funds provided or limited under this Act may be used to enforce regulations related to charter bus service under part 604 of title 49, Code of Federal Regulations, for any transit agency who during fiscal year 2008 was both initially granted a 60-day period to come into compliance with part 604, and then was subsequently granted an exception from said part.CommentsClose CommentsPermalink
Sec. 169. Notwithstanding any other provision of law, when evaluating the local share of the project authorized to be carried out under section 3043(c)(86) of
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation’s budget for the current fiscal year.CommentsClose CommentsPermalink
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses for operations, maintenance, and capital asset renewal of those portions of the St. Lawrence Seaway owned, operated, and maintained by the Saint Lawrence Seaway Development Corporation, $32,324,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $174,000,000, to remain available until expended.CommentsClose CommentsPermalink
operations and training
For necessary expenses of operations and training activities authorized by law, $172,754,000, of which $11,007,000 shall remain available until expended for maintenance and repair of training ships at State Maritime Academies, and of which $30,900,000 shall remain available until expended for capital improvements at the United States Merchant Marine Academy, and of which $6,000,000 shall be available until expended for the Secretary’s reimbursement of overcharged midshipmen fees and such action shall be final and conclusive: Provided, That amounts apportioned for the United States Merchant Marine Academy shall be available only upon allotments made personally by the Secretary of Transportation or the Assistant Secretary for Budget and Programs: Provided further, That the Superintendent, Deputy Superintendent and the Director of the Office of Resource Management of the United States Merchant Marine Academy may not be allotment holders for the United States Merchant Marine Academy, and the Administrator of Maritime Administration shall hold all allotments made by the Secretary of Transportation or the Assistant Secretary for Budget and Programs under the previous proviso: Provided further, That 50 percent of the funding made available for the United States Merchant Marine Academy under this heading shall be available only after the Secretary, in consultation with the Superintendent and the Maritime Administrator, completes a plan detailing by program or activity how such funding will be expended at the Academy, and this plan is submitted to the House and Senate Committees on Appropriations.CommentsClose CommentsPermalink
ship disposal
For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $10,000,000, to remain available until expended.CommentsClose CommentsPermalink
assistance to small shipyards
To make grants to qualified shipyards as authorized under section 3508 of
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized, $9,000,000, of which $5,000,000 shall remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That not to exceed $4,000,000 shall be available for administrative expenses to carry out the guaranteed loan program, which shall be transferred to and merged with the appropriation for ‘Operations and Training’, Maritime Administration.CommentsClose CommentsPermalink
administrative provisions--maritime administration
Sec. 175. Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration, and payments received therefor shall be credited to the appropriation charged with the cost thereof: Provided, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts.CommentsClose CommentsPermalink
Pipeline and Hazardous Materials Safety Administration
operational expenses
(pipeline safety fund)
(including transfer of funds)
For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $22,383,000, of which $639,000 shall be derived from the Pipeline Safety Fund: Provided, That $1,000,000 shall be transferred to ‘Pipeline Safety’ in order to fund ‘Pipeline Safety Information Grants to Communities’ as authorized under
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $50,434,000, of which $6,497,000 shall remain available until September 30, 2013: Provided, That up to $800,000 in fees collected under
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out
Research and Innovative Technology Administration
research and development
For necessary expenses of the Research and Innovative Technology Administration, $16,900,000, of which $10,000,000 shall remain available until September 30, 2013: Provided, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training.CommentsClose CommentsPermalink
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $86,406,000: Provided, That the Inspector General shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App. 3), to investigate allegations of fraud, including false statements to the government (
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board, including services authorized by
General Provisions--Department of Transportation
Sec. 180. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law (
Sec. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by
Sec. 182. None of the funds in this Act shall be available for salaries and expenses of more than 110 political and Presidential appointees in the Department of Transportation: Provided, That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation.CommentsClose CommentsPermalink
Sec. 183. None of the funds in this Act shall be used to implement
Sec. 184. (a) No recipient of funds made available in this Act shall disseminate personal information (as defined in
(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in noncompliance with this provision.CommentsClose CommentsPermalink
Sec. 185. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration’s ‘Federal-Aid Highways’ account, the Federal Transit Administration’s ‘Research and University Research Centers’ account, and to the Federal Railroad Administration’s ‘Safety and Operations’ account, except for State rail safety inspectors participating in training pursuant to
Sec. 186. Funds provided or limited in this Act under the appropriate accounts within the Federal Highway Administration, the Federal Railroad Administration and the Federal Transit Administration shall be for the eligible programs, projects and activities in the corresponding amounts identified in the committee report accompanying this Act for ‘Ferry Boats and Ferry Terminal Facilities’, ‘Federal Lands’, ‘Interstate Maintenance Discretionary’, ‘Transportation, Community and System Preservation Program’, ‘Delta Region Transportation Development Program’, ‘Rail Line Relocation and Improvement Program’, ‘Rail-highway crossing hazard eliminations’, ‘Capital Investment Grants’, ‘Alternatives analysis’, and ‘Bus and bus facilities’.CommentsClose CommentsPermalink
Sec. 187. Notwithstanding any other provisions of law, rule or regulation, the Secretary of Transportation is authorized to allow the issuer of any preferred stock heretofore sold to the Department to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary.CommentsClose CommentsPermalink
Sec. 188. None of the funds in this Act to the Department of Transportation may be used to make a grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project competitively selected to receive a discretionary grant award, any discretionary grant award, letter of intent, or full funding grant agreement totaling $1,000,000 or more is announced by the department or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration including the emergency relief program; (2) the airport improvement program of the Federal Aviation Administration; (3) any grant from the Federal Railroad Administration; or (4) any program of the Federal Transit Administration other than the formula grants and fixed guideway modernization programs: Provided, That the Secretary gives concurrent notification to the House and Senate Committees on Appropriations for any ‘quick release’ of funds from the emergency relief program: Provided further, That no notification shall involve funds that are not available for obligation. In addition, none of the funds in this Act to the Department of Transportation may be used to make a grant award unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any announcement of a project competitively selected to receive a discretionary grant award from a program with an annual budget equal to or exceeding $50,000,000.CommentsClose CommentsPermalink
Sec. 189. Rebates, refunds, incentive payments, minor fees and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended.CommentsClose CommentsPermalink
Sec. 190. Amounts made available in this or any other Act that the Secretary determines represent improper payments by the Department of Transportation to a third-party contractor under a financial assistance award, which are recovered pursuant to law, shall be available--CommentsClose CommentsPermalink
(1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments; andCommentsClose CommentsPermalink
(2) to pay contractors for services provided in recovering improper payments or contractor support in the implementation of the Improper Payments Information Act of 2002: Provided, That amounts in excess of that required for paragraphs (1) and (2)--CommentsClose CommentsPermalink
(A) shall be credited to and merged with the appropriation from which the improper payments were made, and shall be available for the purposes and period for which such appropriations are available; orCommentsClose CommentsPermalink
(B) if no such appropriation remains available, shall be deposited in the Treasury as miscellaneous receipts: Provided further, That prior to the transfer of any such recovery to an appropriations account, the Secretary shall notify to the House and Senate Committees on Appropriations of the amount and reasons for such transfer: Provided further, That for purposes of this section, the term ‘improper payments’, has the same meaning as that provided in section 2(d)(2) of
Sec. 191. Notwithstanding any other provision of law, if any funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and Senate Committees on Appropriations, said reprogramming action shall be approved or denied solely by the Committees on Appropriations: Provided, That the Secretary may provide notice to other congressional committees of the action of the Committees on Appropriations on such reprogramming but not sooner than 30 days following the date on which the reprogramming action has been approved or denied by the House and Senate Committees on Appropriations.CommentsClose CommentsPermalink
Sec. 192. None of the funds appropriated or otherwise made available under this Act may be used by the Surface Transportation Board of the Department of Transportation to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount authorized for district court civil suit filing fees under
Sec. 193. Notwithstanding
Sec. 194. (a) In the explanatory statement contained in House Report 106-940 accompanying
(b) Notwithstanding any other provision of law, funds made available under the Federal Transit Administration Capital Investment Grants Account in fiscal year 2008 (
(c) Of the $1,000,000 appropriated under the heading ‘General Provisions’ in
(d) Notwithstanding any other provision of law, funds made available in
(e) Funds made available for the City of Las Vegas, NV ‘Bonneville Clark Couplet’ through Department of Transportation Appropriations Acts for fiscal year 2009 (
(f) In the explanatory statement referenced in section 186 of division K of
(g) Notwithstanding any other provision of law, the amounts made available for the Interstate 579 Cap-Urban Green Space and Park Plaza, Pittsburgh, Pennsylvania, by the explanatory statement accompanying the Consolidated Appropriations Act, 2010 (
(h) The explanatory statement referenced in section 186 of title I of division A of
(i) In the explanatory statement referenced in section 186 of title I of division I of
(j)
(k) The Secretary of Transportation shall not reallocate capital investment funds made available for the I-69 HOV/BRT, Mississippi, project and section 5309 bus funds made available to the LOU Public Transit System, Oxford, MS, in
(l) Amounts provided for Provo Orem Bus Rapid Transit, in
(m) Funding provided for ‘Pierce Transit Peninsula Park & Ride, WA’ under Bus and Bus Facilities in
(n) The explanatory statement accompanying the Fiscal Year 2003 Consolidated Appropriations Act shall be deemed to be amended by striking ‘Ways to Work--EPIC Yakima’ and inserting ‘Ways to Work, Metropolitan Family Service, SW Washington’.CommentsClose CommentsPermalink
(o) The explanatory statement accompanying the Fiscal Year 2004 Consolidated Appropriations Act shall be deemed to be amended by striking ‘Ellensburg Interchange I-90, Milepost 108.31, Washington’ and inserting ‘I-90 Ellensburg vicinity--US 97 and local roadway improvements’.CommentsClose CommentsPermalink
(p) The explanatory statement accompanying the Fiscal Year 2004 Consolidated Appropriations Act shall be deemed to be amended by striking ‘SR 31, All Weather Roadway Construction and Widening, Pend Oreille County, Washington’ and inserting ‘SR 31 Corridor Improvements and local transportation projects (Pend Oreille County)’.CommentsClose CommentsPermalink
(q) Notwithstanding any other provision of law, the funding made available for the Schuylkill Valley Metro project through the Department of Transportation Appropriations Acts for Federal Fiscal Year 2007, 2008 and 2009 shall remain available for that project during Federal fiscal years 2010 and 2011.CommentsClose CommentsPermalink
(r) Notwithstanding any other provision of law, the $10,976,000 appropriated for the CORRIDORone Regional Rail Project in Pennsylvania under the Capital Investment Grants account in division K of the Consolidated Appropriations Act, 2008 (
(s) Notwithstanding any other provision of law, of the $2,500,000 appropriated for the Alle-Kiski Connector Bridge in Department of Transportation Appropriations Act, 2005,
(t) Notwithstanding any other provision of law, the funding made available for the Franklin Street Station Restoration (BARTA) through the Department of Transportation Appropriations Act of Federal Fiscal Year 2008 shall remain available for that project during Federal fiscal year 2011.CommentsClose CommentsPermalink
(u) Funds provided for ‘I-85 NB Viaduct at SR 400 NB--Exit Lane, GA’ in
Sec. 195. (a) Section 3044(a) of
(1) By striking the project description in item 422 and inserting, ‘Anchorage People Mover transit needs, Anchorage, AK.’CommentsClose CommentsPermalink
(2) By striking the project description in item 160 and inserting, ‘Nebraska Statewide Vehicles, Facilities and Related Equipment’.CommentsClose CommentsPermalink
(3) By striking the project description in item 586 and inserting, ‘Nebraska Department of Roads--Statewide Vehicles, Facilities and Related Equipment’.CommentsClose CommentsPermalink
(b) All amounts made available in item 422 of section 3044(a) of
(c) Section 3046(a)(22) of
(1) In the paragraph heading, by striking ‘FUEL CELL-POWERED BUS’ and inserting ‘HYDROGEN-POWERED TRANSIT’; andCommentsClose CommentsPermalink
(2) By striking ‘Fuel Cell-Powered Bus’ and inserting ‘Hydrogen-Powered Transit’.CommentsClose CommentsPermalink
(d) Notwithstanding any other provision of law, the Secretary of Transportation shall not reallocate any funding made available for item 22 of section 3046 of
(e) In section 1702 of
(f) The table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat 1256) is amended in item 1399 by striking the project description and inserting ‘I-40 Frontage Road Reconstruction in the City of Gallup’.CommentsClose CommentsPermalink
(g) The table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256) is amended in item 54 by striking the project description and inserting ‘Study of a direct link to 1-80 and Iowa Highway 92, in proximity to Pella’.CommentsClose CommentsPermalink
(h) The table contained in section 1934(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1485) is amended in item 105 by striking the project description and inserting ‘Study of a direct link to 1-80 and Iowa Highway 92, in proximity to Pella’.CommentsClose CommentsPermalink
(i) Amounts made available for the Cuming Street Transportation Improvement Project in items 4497 and 4506 of section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (
(1) lighting, landscaping, and pedestrian enhancements on Cuming Street from 16th Street to 30th Street and on Burt Street from 31st Street to Florence Boulevard, including burial of certain over head utilities;CommentsClose CommentsPermalink
(2) pedestrian safety improvements on 24th Street from Cuming Street to Davenport Street, including the incorporation of traffic circles at Cass Street and Davenport Street and adjacent lighting, landscaping, and safety enhancements; andCommentsClose CommentsPermalink
(3) the reconfiguration of the Dodge Street/Douglas Street transition curve in conjunction with 30th Street.CommentsClose CommentsPermalink
(j) Section 1702 of the SAFETEA-LU: A Legacy for Users (
(k) Section 1702 of the SAFETEA-LU: A Legacy for Users (
(l) In
(m)(1) The project description in item 3730 under section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (
(n) The project description in item 16 under section 1934(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (
(o) The SAFETEA-LU (
(1) in section 1702--CommentsClose CommentsPermalink
(A) by striking project number 4892 (119 Stat. 1443); andCommentsClose CommentsPermalink
(B) in project number 4924 (119 Stat. 444), by striking the project amount and inserting ‘$6,149,733.82’; andCommentsClose CommentsPermalink
(2) in section 1934--CommentsClose CommentsPermalink
(A) by striking project number 374 (119 Stat. 1505); andCommentsClose CommentsPermalink
(B) in project number 382 (119 Stat. 1505), by striking the project amount and inserting ‘$20,446,640’.CommentsClose CommentsPermalink
(p) Item 3557 of section 1702 of
(q) Item 744 of section 1702 of
(r) Item 2827 of section 1702 of
(s) Item 249 of section 1702 of
Sec. 196. The Secretary shall continue an independent and comprehensive study and analysis to supplement that authorized under section 108, division C, of
This title may be cited as the Department of Transportation Appropriations Act, 2011.CommentsClose CommentsPermalink
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive direction
For necessary salaries and expenses for Executive Direction, $30,265,000, of which not to exceed $7,674,000 shall be available for the immediate Office of the Secretary and Deputy Secretary; not to exceed $1,706,000 shall be available for the Office of Hearings and Appeals; not to exceed $719,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $999,000 shall be available for the immediate Office of the Chief Financial Officer; not to exceed $1,503,000 shall be available for the immediate Office of the General Counsel; not to exceed $2,709,000 shall be available to the Office of the Assistant Secretary for Congressional and Intergovernmental Relations; not to exceed $4,861,000 shall be available for the Office of the Assistant Secretary for Public Affairs; not to exceed $2,163,000 shall be available to the Office of the Assistant Secretary for Public and Indian Housing; not to exceed $1,755,000 shall be available to the Office of the Assistant Secretary for Community Planning and Development; not to exceed $3,565,000 shall be available to the Office of the Assistant Secretary for Housing, Federal Housing Commissioner; not to exceed $1,117,000 shall be available to the Office of the Assistant Secretary for Policy Development and Research; and not to exceed $945,000 shall be available to the Office of the Assistant Secretary for Fair Housing and Equal Opportunity; and not to exceed $549,000 shall be available to the Office of the Chief Operating Officer: Provided, That the Secretary of the Department of Housing and Urban Development is authorized to transfer funds appropriated for any office funded under this heading to any other office funded under this heading following the written notification to the House and Senate Committees on Appropriations: Provided further, That the Secretary shall provide the Committees on Appropriations quarterly written notification regarding the status of pending congressional reports: Provided further, That the Secretary shall provide all signed reports required by Congress electronically: Provided further, That not to exceed $25,000 of the amount made available under this paragraph for the immediate Office of the Secretary shall be available for official reception and representation expenses as the Secretary may determine.CommentsClose CommentsPermalink
administration, operations and management
For necessary salaries and expenses for administration, operations and management for the Department of Housing and Urban Development, $528,845,635, of which not to exceed $65,120,000 shall be available for the personnel compensation and benefits of the Office of the Chief Human Capital Officer; not to exceed $9,122,000 shall be available for the personnel compensation and benefits of the Office of Departmental Operations and Coordination; not to exceed $49,090,000 shall be available for the personnel compensation and benefits of the Office of Field Policy and Management; not to exceed $15,931,635 shall be available for the personnel compensation and benefits of the Office of the Chief Procurement Officer; not to exceed $33,831,000 shall be available for the personnel compensation and benefits of the remaining staff in the Office of the Chief Financial Officer; not to exceed $86,482,000 shall be available for the personnel compensation and benefits of the remaining staff in the Office of the General Counsel; not to exceed $3,296,000 shall be available for the personnel compensation and benefits of the Office of Departmental Equal Employment Opportunity; not to exceed $1,316,000 shall be available for the personnel compensation and benefits for the Center for Faith-Based and Community Initiatives; not to exceed $2,887,000 shall be available for the personnel compensation and benefits for the Office of Sustainability; not to exceed $4,445,000 shall be available for the personnel compensation and benefits for the Office of Strategic Planning and Management; not to exceed $4,875,000 shall be available for the personnel compensation and benefits for the Office of the Chief Disaster and Emergency Management Officer; and not to exceed $252,450,000 shall be available for nonpersonnel expenses of the Department of Housing and Urban Development: Provided, That, funds provided under this heading may be used for necessary administrative and nonadministrative expenses of the Department of Housing and Urban Development, not otherwise provided for, including purchase of uniforms, or allowances therefor, as authorized by
Personnel Compensation and Benefits
public and indian housing
For necessary personnel compensation and benefits expenses of the Office of Public and Indian Housing, $195,508,000.CommentsClose CommentsPermalink
community planning and development
For necessary personnel compensation and benefits expenses of the Office of Community Planning and Development mission area, $105,281,000.CommentsClose CommentsPermalink
housing
For necessary personnel compensation and benefits expenses of the Office of Housing, $395,917,000.CommentsClose CommentsPermalink
office of the government national mortgage association
For necessary personnel compensation and benefits expenses of the Office of the Government National Mortgage Association, $16,000,000, to be derived from the GNMA guarantees of mortgage backed securities guaranteed loan receipt account.CommentsClose CommentsPermalink
policy development and research
For necessary personnel compensation and benefits expenses of the Office of Policy Development and Research, $22,556,421.CommentsClose CommentsPermalink
fair housing and equal opportunity
For necessary personnel compensation and benefits expenses of the Office of Fair Housing and Equal Opportunity, $70,363,435.CommentsClose CommentsPermalink
office of healthy homes and lead hazard control
For necessary personnel compensation and benefits expenses of the Office of Healthy Homes and Lead Hazard Control, $7,151,000.CommentsClose CommentsPermalink
Public and Indian Housing
tenant-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-based rental assistance authorized under the United States Housing Act of 1937, as amended (
(1) $17,165,000,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act) and including renewal of other special purpose vouchers initially funded in fiscal years 2009 and 2010 (such as Family Unification, Veterans Affairs Supportive Housing Vouchers and Non-elderly Disabled Vouchers): Provided, That notwithstanding any other provision of law, from amounts provided under this paragraph and any carryover, the Secretary for the calendar year 2011 funding cycle shall provide renewal funding for each public housing agency based on validated voucher management system (VMS) leasing and cost data for calendar year 2010 and by applying the most recent Annual Adjustment Factor as established by the Secretary, and by making any necessary adjustments for the costs associated with the first-time renewal of vouchers under this paragraph including tenant protection, and HOPE VI vouchers: Provided further, That none of the funds provided under this paragraph may be used to fund a total number of unit months under lease which exceeds a public housing agency’s authorized level of units under contract, except for public housing agencies participating in the Moving to Work demonstration, which are instead governed by the terms and conditions of their MTW agreements: Provided further, That the Secretary shall, to the extent necessary to stay within the amount specified under this paragraph, pro rate each public housing agency’s allocation otherwise established pursuant to this paragraph: Provided further, That except as provided in the following provisos, the entire amount specified under this paragraph shall be obligated to the public housing agencies based on the allocation and pro rata method described above, and the Secretary shall notify public housing agencies of their annual budget not later than 60 days after enactment of this Act: Provided further, That the Secretary may extend the 60-day notification period with the prior written approval of the House and Senate Committees on Appropriations: Provided further, That public housing agencies participating in the Moving to Work demonstration shall be funded pursuant to their Moving to Work agreements and shall be subject to the same pro rata adjustments under the previous provisos: Provided further, That up to $150,000,000 shall be available only: (1) to adjust the allocations for public housing agencies, after application for an adjustment by a public housing agency that experienced a significant increase, as determined by the Secretary, in renewal costs of tenant-based rental assistance resulting from unforeseen circumstances or from portability under section 8(r) of the Act; (2) for vouchers that were not in use during the 12-month period in order to be available to meet a commitment pursuant to section 8(o)(13) of the Act; (3) for any increase in the costs associated with deposits to family self-sufficiency program escrow accounts; (4) for one-time adjustments of renewal funding for public housing agencies in receivership with approved fungibility plans for calendar year 2009 as authorized in section 11003 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (
(2) $125,000,000 shall be for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (
(3) $1,851,000,000 shall be for administrative and other expenses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to $50,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to administer their section 8 programs, including fees associated with section 8 tenant protection rental assistance, the administration of disaster related vouchers, Veterans Affairs Supportive Housing vouchers, and other incremental vouchers: Provided, That no less than $1,741,000,000 of the amount provided in this paragraph shall be allocated to public housing agencies for the calendar year 2011 funding cycle based on section 8(q) of the Act (and related Appropriation Act provisions) as in effect immediately before the enactment of the Quality Housing and Work Responsibility Act of 1998 (
(4) $15,000,000 for incremental voucher assistance through the Family Unification Program: Provided, That the assistance made available under this paragraph shall continue to remain available for family unification upon turnover: Provided further, That the Secretary of Housing and Urban Development shall make such funding available, notwithstanding section 204 (competition provision) of this title, to entities with demonstrated experience and resources for supportive services;CommentsClose CommentsPermalink
(5) $113,663,183 for renewal of tenant-based assistance contracts under section 811 of the Cranston-Gonzalez National Affordable Housing Act (
(6) $75,000,000 for incremental rental voucher assistance for use through a supported housing program administered in conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 1937: Provided, That the Secretary of Housing and Urban Development shall make such funding available, notwithstanding section 204 (competition provision) of this title, to public housing agencies that partner with eligible VA Medical Centers or other entities as designated by the Secretary of the Department of Veterans Affairs, based on geographical need for such assistance as identified by the Secretary of the Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with the Secretary of the Department of Veterans Affairs: Provided further, That the Secretary of Housing and Urban Development may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs), any provision of any statute or regulation that the Secretary of Housing and Urban Development administers in connection with the use of funds made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to remain available for homeless veterans upon turn-over;CommentsClose CommentsPermalink
(7) up to $66,000,000 for incremental tenant-based assistance for eligible families assisted under the Disaster Housing Assistance Program for Hurricanes Ike and Gustav: Provided, That these vouchers will not be re-issued when families leave the program;CommentsClose CommentsPermalink
(8) $85,000,000 for incremental voucher assistance under section 8(o) of the United States Housing Act of 1937, including related administrative expenses, for two competitive demonstration programs to address the needs of families and individuals who are homeless or at risk of homelessness, as defined by the Secretary of Housing and Urban Development, to be administered by the Department of Housing and Urban Development in conjunction with the Department of Health and Human Services and the Department of Education: Provided, That one demonstration program shall make funding available to public housing agencies that: (1) partner with eligible State or local entities responsible for distributing Temporary Assistance for Needy Families (TANF) and other health and human services as designated by the Secretary of the Department of Health and Human Services, and (2) partner with school homelessness liaisons funded through the Department of Education’s Education for Homeless Children and Youths program: Provided further, That the other demonstration program shall make funding available to public housing agencies that partner with eligible state Medicaid agencies and State behavioral health entities as designated by the Secretary of the Department of Health and Human Services to provide housing in conjunction with Medicaid case management, substance abuse treatment, and mental health services: Provided further, That the Secretary of Housing and Urban Development shall make the funding specified in this subsection available through such allocation procedures as the Secretary determines to be appropriate, notwithstanding section 213 of the Housing and Community Development Act of 1974 (
housing certificate fund
(RESCISSION)
Unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading, the heading ‘Annual Contributions for Assisted Housing’ and the heading ‘Project-Based Rental Assistance’, for fiscal year 2011 and prior years may be used for renewal of or amendments to section 8 project-based contracts and for performance-based contract administrators, notwithstanding the purposes for which such funds were appropriated: Provided, That any obligated balances of contract authority from fiscal year 1974 and prior that have been terminated shall be cancelled: Provided further, That amounts heretofore recaptured, or recaptured during the current fiscal year, from project-based section 8 contracts from source years fiscal year 1975 through fiscal year 1987 are hereby rescinded, and an amount of additional new budget authority, equivalent to the amount rescinded is hereby appropriated, to remain available until expended, for the purposes set forth under this heading, in addition to amounts otherwise available.CommentsClose CommentsPermalink
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital and management activities for public housing agencies, as authorized under section 9 of the United States Housing Act of 1937 (
public housing operating fund
(including transfer of funds)
For 2011 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937 (
choice neighborhoods
For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of 1937 (
native american housing block grants
For the Native American Housing Block Grants program, as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 (
native hawaiian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184A of the Housing and Community Development Act of 1992 (
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity Act (
community development fund
For assistance to units of State and local government, and to other entities, for economic and community development activities, and for other purposes, $4,450,000,000, to remain available until September 30, 2013, unless otherwise specified: Provided, That of the total amount provided, $3,990,000,000 is for carrying out the community development block grant program under title I of the Housing and Community Development Act of 1974, as amended (the ‘Act’ herein) (
Of the amount made available under this heading, $173,000,000 shall be available for grants for the Economic Development Initiative (EDI) to finance a variety of targeted economic investments in accordance with the terms and conditions specified in the explanatory statement accompanying this Act: Provided, That none of the funds provided under this paragraph may be used for program operations: Provided further, That, for fiscal years 2009, 2010 and 2011, no unobligated funds for EDI grants may be used for any purpose except acquisition, planning, design, purchase of equipment, revitalization, redevelopment or construction.CommentsClose CommentsPermalink
Of the amount made available under this heading, $22,000,000 shall be available for neighborhood initiatives that are utilized to improve the conditions of distressed and blighted areas and neighborhoods, to stimulate investment, economic diversification, and community revitalization in areas with population outmigration or a stagnating or declining economic base, or to determine whether housing benefits can be integrated more effectively with welfare reform initiatives: Provided, That amounts made available under this paragraph shall be provided in accordance with the terms and conditions specified in the explanatory statement accompanying this Act.CommentsClose CommentsPermalink
The referenced explanatory statement for item 113 under the heading ‘Community Development Fund’ in title III of division A of
The referenced statement of the managers under this heading in title II of division A of
The referenced explanatory statement under this heading in division I of
The referenced explanatory statement under this heading in title II of division I of
The referenced explanatory statement under this hearing in title II of division A of
Of the amounts made available under this heading, $150,000,000 shall be made available for a Sustainable Communities Initiative to improve regional planning efforts that integrate housing and transportation decisions, and increase the capacity to improve land use and zoning: Provided, That $100,000,000 shall be for Regional Integrated Planning Grants to support the linking of transportation and land use planning: Provided further, That not less than $25,000,000 of the funding made available for Regional Integrated Planning Grants shall be awarded to metropolitan areas of less than 500,000: Provided further, That $40,000,000 shall be for Community Challenge Planning Grants to foster reform and reduce barriers to achieve affordable, economically vital, and sustainable communities: Provided further, That the Secretary will consult with the Secretary of Transportation in evaluating grant proposals: Provided further, That up to $10,000,000 shall be for a joint Department of Housing and Urban Development and Department of Transportation research effort that shall include a rigorous evaluation of the Regional Integrated Planning Grants and Community Challenge Planning Grants programs, as well as to provide funding for a clearinghouse and capacity-building efforts: Provided further, That of the amounts made available under this heading, $25,000,000 shall be made available for the Rural Innovation Fund for grants to Indian tribes, State housing finance agencies, State community and/or economic development agencies, local rural nonprofits and community development corporations to address the problems of concentrated rural housing distress and community poverty: Provided further, That of the funding made available under the previous proviso, at least $5,000,000 shall be made available to promote economic development and entrepreneurship for federally recognized Indian Tribes, through activities including the capitalization of revolving loan programs and business planning and development, funding is also made available for technical assistance to increase capacity through training and outreach activities: Provided further, That the Department of Housing and Urban Development shall publish a notice of funding availability for the Rural Innovation Fund within 120 days of the enactment of this Act: Provided further, That of the amounts made available under this heading, $25,000,000 is for grants pursuant to section 107 of the Housing and Community Development Act of 1974 (
community development loan guarantees program account
For the cost of guaranteed loans, $6,435,000, to remain available until September 30, 2011, as authorized by section 108 of the Housing and Community Development Act of 1974 (
home investment partnerships program
For the HOME investment partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, $1,825,000,000, to remain available until September 30, 2013: Provided, That, funds provided in prior appropriations Acts for technical assistance, that were made available for Community Housing Development Organizations technical assistance, and that still remain available, may be used for HOME technical assistance notwithstanding the purposes for which such amounts were appropriated.CommentsClose CommentsPermalink
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program, as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996, as amended, $82,000,000, to remain available until September 30, 2012: Provided, That of the total amount provided under this heading, $27,000,000 shall be made available to the Self-Help and Assisted Homeownership Opportunity Program as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996, as amended: Provided further, That $50,000,000 shall be made available for the second, third and fourth capacity building activities authorized under section 4(a) of the HUD Demonstration Act of 1993 (
homeless assistance grants
(including transfer of funds)
For the emergency solutions grants program as authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as amended; the continuum of care program as authorized under subtitle C of title IV of such Act; and the rural housing stability assistance program as authorized under subtitle D of title IV of such Act, $2,055,000,000, of which $2,050,000,000 shall remain available until September 30, 2013, and of which $5,000,000 shall remain available until expended for project-based rental assistance with rehabilitation projects with 10-year grant terms and any rental assistance amounts that are recaptured under such continuum of care program shall remain available until expended: Provided, That up to $200,000,000 of the funds appropriated under this heading shall be available for such emergency solutions grants program: Provided further, That no less than $1,844,000,000 of the funds appropriated under this heading shall be available for such continuum of care and rural housing stability assistance programs: Provided further, That up to $6,000,000 of the funds appropriated under this heading shall be available for the national homeless data analysis project: Provided further, That for all match requirements applicable to funds made available under this heading for this fiscal year and prior years, a grantee may use (or could have used) as a source of match funds other funds administered by the Secretary and other Federal agencies unless there is (or was) a specific statutory prohibition on any such use of any such funds: Provided further, That the Secretary shall renew on an annual basis expiring contracts or amendments to contracts funded under the continuum of care program if the program is determined to be needed under the applicable continuum of care and meets appropriate program requirements and financial standards, as determined by the Secretary: Provided further, That all awards of assistance under this heading shall be required to coordinate and integrate homeless programs with other mainstream health, social services, and employment programs for which homeless populations may be eligible, including Medicaid, State Children’s Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps, and services funding through the Mental Health and Substance Abuse Block Grant, Workforce Investment Act, and the Welfare-to-Work grant program: Provided further, That all balances for Shelter Plus Care renewals previously funded from the Shelter Plus Care Renewal account and transferred to this account shall be available, if recaptured, for continuum of care renewals in fiscal year 2011.CommentsClose CommentsPermalink
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based subsidy contracts under the United States Housing Act of 1937 (
housing for the elderly
For capital advances, including amendments to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and for project rental assistance for the elderly under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for supportive services associated with the housing, $825,000,000, to remain available until September 30, 2014, of which up to $582,000,000 shall be for capital advance and project-based rental assistance awards: Provided, That amounts for project rental assistance contracts are to remain available for the liquidation of valid obligations for 10 years following the date of such obligation: Provided further, That of the amount provided under this heading, up to $90,000,000 shall be for service coordinators and the continuation of existing congregate service grants for residents of assisted housing projects, and of which up to $25,000,000 shall be for grants under section 202b of the Housing Act of 1959 (
housing for persons with disabilities
For capital advance contracts, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act (
Housing Counseling Assistance
For contracts, grants, and other assistance excluding loans, as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $100,000,000, including up to $2,500,000 for administrative contract services, to remain available until September 30, 2012: Provided, That funds shall be used for providing counseling and advice to tenants and homeowners, both current and prospective, with respect to property maintenance, financial management/literacy, and such other matters as may be appropriate to assist them in improving their housing conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership; for program administration; and for housing counselor training.CommentsClose CommentsPermalink
other assisted housing programs
rental housing assistance
For amendments to contracts under section 101 of the Housing and Urban Development Act of 1965 (
rent supplement
(rescission)
Of the amounts recaptured from terminated contracts under section 101 of the Housing and Urban Development Act of 1965 (
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
New commitments to guarantee single family loans insured under the Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to remain available until September 30, 2012: Provided, That for the cost of new guaranteed loans, as authorized by section 255 of the National Housing Act (
general and special risk program account
During fiscal year 2011, commitments to guarantee loans incurred under the General and Special Risk Insurance Funds, as authorized by sections 238 and 519 of the National Housing Act (
Gross obligations for the principal amount of direct loans, as authorized by sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not exceed $20,000,000, which shall be for loans to nonprofit and governmental entities in connection with the sale of single family real properties owned by the Secretary and formerly insured under such Act.CommentsClose CommentsPermalink
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970 (
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act of 1987, as amended, $72,000,000, to remain available until September 30, 2012, of which $42,500,000 shall be to carry out activities pursuant to such section 561: Provided, That of the funds made available to carry out section 561, not less than $10,000,000 shall be available to carry out authorized activities, including training, education and enforcement in order to protect the public from discriminatory lending practices and mortgage rescue scams: Provided further, That the Secretary shall publish a notice of funding availability for amounts made available under the previous proviso within 60 days of the enactment of this Act: Provided further, That notwithstanding
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, $140,000,000, to remain available until September 30, 2012, of which not less than $40,000,000 shall be for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970 that shall include research, studies, testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and other housing-related diseases and hazards: Provided, That for purposes of environmental review, pursuant to the National Environmental Policy Act of 1969 (
working capital fund
For additional capital for the Working Capital Fund (
Management and Administration
office of inspector general
For necessary salaries and expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $125,000,000: Provided, That the Inspector General shall have independent authority over all personnel issues within this office.CommentsClose CommentsPermalink
transformation initiative
(including transfer of funds)
For necessary expenses for combating mortgage fraud, $20,000,000, to remain available until expended.CommentsClose CommentsPermalink
In addition, of the amounts made available in this Act under each of the following headings under this title, the Secretary may transfer to, and merge with, this account up to 1 percent from each such account, and such transferred amounts shall be available until September 30, 2013, for (1) research, evaluation, and program metrics; (2) program demonstrations; (3) technical assistance and capacity building; and (4) information technology: ‘Public Housing Capital Fund’, ‘Choice Neighborhoods Initiative’, ‘Housing Opportunities for Persons With AIDS’, ‘Community Development Fund’, ‘HOME Investment Partnerships Program’, ‘Housing for the Elderly’, ‘Housing for Persons With Disabilities’, ‘Housing Counseling Assistance’, ‘Payment to Manufactured Housing Fees Trust Fund’, ‘Mutual Mortgage Insurance Program Account’, ‘Lead Hazard Reduction’, ‘Rental Housing Assistance’, and ‘Fair Housing Activities’: Provided, That of the amounts made available under this paragraph, not less than $80,000,000 and not more than $180,000,000 shall be available for information technology modernization, including development and deployment of a Next Generation of Voucher Management System and development and deployment of modernized Federal Housing Administration systems: Provided further, That not more than 25 percent of the funds made available for information technology modernization may be obligated until the Secretary submits to the Committees on Appropriations a plan for expenditure that (1) identifies for each modernization project (a) the functional and performance capabilities to be delivered and the mission benefits to be realized, (b) the estimated life-cycle cost, and (c) key milestones to be met; (2) demonstrates that each modernization project is (a) compliant with the department’s enterprise architecture, (b) being managed in accordance with applicable life-cycle management policies and guidance, (c) subject to the department’s capital planning and investment control requirements, and (d) supported by an adequately staffed project office; and (3) has been reviewed by the Government Accountability Office: Provided further, That of the amounts made available under this paragraph, not less than $60,000,000 shall be available for technical assistance and capacity building: Provided further, That technical assistance activities shall include, technical assistance for HUD programs, including HOME, Community Development Block Grant, homeless programs, HOPWA, HOPE VI, Public Housing, the Housing Choice Voucher Program, Fair Housing Initiative Program, Housing Counseling, Healthy Homes, Sustainable Communities, and other technical assistance as determined by the Secretary: Provided further, That the Secretary shall submit a plan to the House and Senate Committees on Appropriations for approval detailing how the funding provided under this heading will be allocated to each of the four categories identified under this heading and for what projects or activities funding will be used: Provided further, That following the initial approval of this plan, the Secretary may amend the plan with the approval of the House and Senate Committees on Appropriations: Provided further, That with respect to amounts made available under this heading for research, evaluation, program metrics, and program demonstrations, notwithstanding section 204 of this title, the Secretary may make grants or enter into cooperative agreements that include a substantial match contribution.CommentsClose CommentsPermalink
General Provisions--Department of Housing and Urban Development
Sec. 201. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (
Sec. 202. None of the amounts made available under this Act may be used during fiscal year 2011 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a nonfrivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction.CommentsClose CommentsPermalink
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS Housing Opportunity Act (
(1) received an allocation in a prior fiscal year under clause (ii) of such section; andCommentsClose CommentsPermalink
(2) is not otherwise eligible for an allocation for fiscal year 2011 under such clause (ii) because the areas in the State outside of the metropolitan statistical areas that qualify under clause (i) in fiscal year 2011 do not have the number of cases of acquired immunodeficiency syndrome (AIDS) required under such clause.CommentsClose CommentsPermalink
(b) The amount of the allocation and grant for any State described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are outside of metropolitan statistical areas that qualify under clause (i) of such section 854(c)(1)(A) in fiscal year 2011, in proportion to AIDS cases among cities and States that qualify under clauses (i) and (ii) of such section and States deemed eligible under subsection (a).CommentsClose CommentsPermalink
(c) Notwithstanding any other provision of law, the amount allocated for fiscal year 2011 under section 854(c) of the AIDS Housing Opportunity Act (
(1) allocating to the City of Jersey City, New Jersey, the proportion of the metropolitan area’s or division’s amount that is based on the number of cases of AIDS reported in the portion of the metropolitan area or division that is located in Hudson County, New Jersey, and adjusting for the proportion of the metropolitan division’s high-incidence bonus if this area in New Jersey also has a higher than average per capita incidence of AIDS; andCommentsClose CommentsPermalink
(2) allocating to the City of Paterson, New Jersey, the proportion of the metropolitan area’s or division’s amount that is based on the number of cases of AIDS reported in the portion of the metropolitan area or division that is located in Bergen County and Passaic County, New Jersey, and adjusting for the proportion of the metropolitan division’s high-incidence bonus if this area in New Jersey also has a higher than average per capita incidence of AIDS. The recipient cities shall use amounts allocated under this subsection to carry out eligible activities under section 855 of the AIDS Housing Opportunity Act (
(d) Notwithstanding any other provision of law, the amount allocated for fiscal year 2011 under section 854(c) of the AIDS Housing Opportunity Act (
Sec. 204. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (
Sec. 205. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (
Sec. 206. Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress.CommentsClose CommentsPermalink
Sec. 207. Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government Corporation Control Act, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2011 for such corporation or agency except as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United States Government.CommentsClose CommentsPermalink
Sec. 208. The Secretary of Housing and Urban Development shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request.CommentsClose CommentsPermalink
Sec. 209. (a) Notwithstanding any other provision of law, the amount allocated for fiscal year 2011 under section 854(c) of the AIDS Housing Opportunity Act (
(b) Notwithstanding any other provision of law, the Secretary of Housing and Urban Development shall allocate to Wake County, North Carolina, the amounts that otherwise would be allocated for fiscal year 2011 under section 854(c) of the AIDS Housing Opportunity Act (
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity Act (
Sec. 210 The President’s formal budget request for fiscal year 2011, as well as the Department of Housing and Urban Development’s congressional budget justifications to be submitted to the Committees on Appropriations of the House of Representatives and the Senate, shall use the identical account and sub-account structure provided under this Act.CommentsClose CommentsPermalink
Sec. 211. A public housing agency or such other entity that administers Federal housing assistance for the Housing Authority of the county of Los Angeles, California, the States of Alaska, Iowa, and Mississippi shall not be required to include a resident of public housing or a recipient of assistance provided under section 8 of the United States Housing Act of 1937 on the board of directors or a similar governing board of such agency or entity as required under section (2)(b) of such Act. Each public housing agency or other entity that administers Federal housing assistance under section 8 for the Housing Authority of the county of Los Angeles, California and the States of Alaska, Iowa and Mississippi that chooses not to include a resident of public housing or a recipient of section 8 assistance on the board of directors or a similar governing board shall establish an advisory board of not less than six residents of public housing or recipients of section 8 assistance to provide advice and comment to the public housing agency or other administering entity on issues related to public housing and section 8. Such advisory board shall meet not less than quarterly.CommentsClose CommentsPermalink
Sec. 212. (a) Notwithstanding any other provision of law, subject to the conditions listed in subsection (b), for fiscal years 2011 and 2012, the Secretary of Housing and Urban Development may authorize the transfer of some or all project-based assistance, debt and statutorily required low-income and very low-income use restrictions, associated with one or more multifamily housing project to another multifamily housing project or projects.CommentsClose CommentsPermalink
(b) The transfer authorized in subsection (a) is subject to the following conditions:CommentsClose CommentsPermalink
(1) The number of low-income and very low-income units and the net dollar amount of Federal assistance provided by the transferring project shall remain the same in the receiving project or projects.CommentsClose CommentsPermalink
(2) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically nonviable.CommentsClose CommentsPermalink
(3) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary.CommentsClose CommentsPermalink
(4) The owner or mortgagor of the transferring project shall notify and consult with the tenants residing in the transferring project and provide a certification of approval by all appropriate local governmental officials.CommentsClose CommentsPermalink
(5) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving project are available for occupancy.CommentsClose CommentsPermalink
(6) The Secretary determines that this transfer is in the best interest of the tenants.CommentsClose CommentsPermalink
(7) If either the transferring project or the receiving project or projects meets the condition specified in subsection (c)(2)(A), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any FHA-insured mortgage lien transferred to, or placed on, such project by the Secretary.CommentsClose CommentsPermalink
(8) If the transferring project meets the requirements of subsection (c)(2)(E), the owner or mortgagor of the receiving project or projects shall execute and record either a continuation of the existing use agreement or a new use agreement for the project where, in either case, any use restrictions in such agreement are of no lesser duration than the existing use restrictions.CommentsClose CommentsPermalink
(9) Any financial risk to the FHA General and Special Risk Insurance Fund, as determined by the Secretary, would be reduced as a result of a transfer completed under this section.CommentsClose CommentsPermalink
(10) The Secretary determines that Federal liability with regard to this project will not be increased.CommentsClose CommentsPermalink
(c) For purposes of this section--CommentsClose CommentsPermalink
(1) the terms ‘low-income’ and ‘very low-income’ shall have the meanings provided by the statute and/or regulations governing the program under which the project is insured or assisted;CommentsClose CommentsPermalink
(2) the term ‘multifamily housing project’ means housing that meets one of the following conditions--CommentsClose CommentsPermalink
(A) housing that is subject to a mortgage insured under the National Housing Act;CommentsClose CommentsPermalink
(B) housing that has project-based assistance attached to the structure including projects undergoing mark to market debt restructuring under the Multifamily Assisted Housing Reform and Affordability Housing Act;CommentsClose CommentsPermalink
(C) housing that is assisted under section 202 of the Housing Act of 1959 as amended by section 801 of the Cranston-Gonzales National Affordable Housing Act;CommentsClose CommentsPermalink
(D) housing that is assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the Cranston-Gonzales National Affordable Housing Act; orCommentsClose CommentsPermalink
(E) housing or vacant land that is subject to a use agreement;CommentsClose CommentsPermalink
(3) the term ‘project-based assistance’ means--CommentsClose CommentsPermalink
(A) assistance provided under section 8(b) of the United States Housing Act of 1937;CommentsClose CommentsPermalink
(B) assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of such Act (as such section existed immediately before October 1, 1983);CommentsClose CommentsPermalink
(C) rent supplement payments under section 101 of the Housing and Urban Development Act of 1965;CommentsClose CommentsPermalink
(D) interest reduction payments under section 236 and/or additional assistance payments under section 236(f)(2) of the National Housing Act; andCommentsClose CommentsPermalink
(E) assistance payments made under section 202(c)(2) of the Housing Act of 1959;CommentsClose CommentsPermalink
(4) the term ‘receiving project or projects’ means the multifamily housing project or projects to which some or all of the project-based assistance, debt, and statutorily required use low-income and very low-income restrictions are to be transferred;CommentsClose CommentsPermalink
(5) the term ‘transferring project’ means the multifamily housing project which is transferring some or all of the project-based assistance, debt and the statutorily required low-income and very low-income use restrictions to the receiving project or projects; andCommentsClose CommentsPermalink
(6) the term ‘Secretary’ means the Secretary of Housing and Urban Development.CommentsClose CommentsPermalink
Sec. 213. The funds made available for Native Alaskans under the heading ‘Native American Housing Block Grants’ in title III of this Act shall be allocated to the same Native Alaskan housing block grant recipients that received funds in fiscal year 2005.CommentsClose CommentsPermalink
Sec. 214. No funds provided under this title may be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit Reform Act of 1990 (
Sec. 215. (a) No assistance shall be provided under section 8 of the United States Housing Act of 1937 (
(1) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 (
(2) is under 24 years of age;CommentsClose CommentsPermalink
(3) is not a veteran;CommentsClose CommentsPermalink
(4) is unmarried;CommentsClose CommentsPermalink
(5) does not have a dependent child;CommentsClose CommentsPermalink
(6) is not a person with disabilities, as such term is defined in section 3(b)(3)(E) of the United States Housing Act of 1937 (
(7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of 1937 (
(b) For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 (
Sec. 216. Notwithstanding the limitation in the first sentence of section 255(g) of the National Housing Act (
Sec. 217. Notwithstanding any other provision of law, in fiscal year 2011, in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary of Housing and Urban Development, and during the process of foreclosure on any property with a contract for rental assistance payments under section 8 of the United States Housing Act of 1937 or other Federal programs, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 and other programs that are attached to any dwelling units in the property. To the extent the Secretary determines, in consultation with the tenants and the local government, that such a multifamily property owned or held by the Secretary is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (‘MAHRAA’) and (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may, in consultation with the tenants of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. The Secretary shall also take appropriate steps to ensure that project-based contracts remain in effect prior to foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety after written notice to and informed consent of the affected tenants and use of other available remedies, such as partial abatements or receivership. After disposition of any multifamily property described under this section, the contract and allowable rent levels on such properties shall be subject to the requirements under section 524 of MAHRAA.CommentsClose CommentsPermalink
Sec. 218. During fiscal year 2011, in the provision of rental assistance under section 8(o) of the United States Housing Act of 1937 (
Sec. 219. The Secretary of Housing and Urban Development shall report quarterly to the House of Representatives and Senate Committees on Appropriations on HUD’s use of all sole-source contracts, including terms of the contracts, cost, and a substantive rationale for using a sole-source contract.CommentsClose CommentsPermalink
Sec. 220. Notwithstanding any other provision of law, the recipient of a grant under section 202b of the Housing Act of 1959 (
Sec. 221. (a) The amounts provided under the subheading ‘Program Account’ under the heading ‘Community Development Loan Guarantees’ may be used to guarantee, or make commitments to guarantee, notes, or other obligations issued by any State on behalf of nonentitlement communities in the State in accordance with the requirements of section 108 of the Housing and Community Development Act of 1974 in fiscal year 2011 and subsequent years: Provided, That, any State receiving such a guarantee or commitment shall distribute all funds subject to such guarantee to the units of general local government in nonentitlement areas that received the commitment.CommentsClose CommentsPermalink
(b) Not later than 60 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall promulgate regulations governing the administration of the funds described under subsection (a).CommentsClose CommentsPermalink
Sec. 222. Section 24 of the United States Housing Act of 1937 (
(1) in subsection (m)(1), by striking ‘fiscal year’ and all that follows through the period at the end and inserting ‘fiscal year 2011.’; andCommentsClose CommentsPermalink
(2) in subsection (o), by striking ‘September’ and all that follows through the period at the end and inserting ‘September 30, 2011.’.CommentsClose CommentsPermalink
Sec. 223. Public housing agencies that own and operate 400 or fewer public housing units may elect to be exempt from any asset management requirement imposed by the Secretary of Housing and Urban Development in connection with the operating fund rule: Provided, That an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula shall not be exempt from asset management requirements.CommentsClose CommentsPermalink
Sec. 224. With respect to the use of amounts provided in this Act and in future Acts for the operation, capital improvement and management of public housing as authorized by sections 9(d) and 9(e) of the United States Housing Act of 1937 (
Sec. 225. No official or employee of the Department of Housing and Urban Development shall be designated as an allotment holder unless the Office of the Chief Financial Officer has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that, not later than 90 days after the date of enactment of this Act, a trained allotment holder shall be designated for each HUD subaccount under the headings ‘Executive Direction’ and heading ‘Administration, Operations, and Management’ as well as each account receiving appropriations for ‘personnel compensation and benefits’ within the Department of Housing and Urban Development.CommentsClose CommentsPermalink
Sec. 226. The Secretary of Housing and Urban Development shall report quarterly to the House of Representatives and Senate Committees on Appropriations on the status of all section 8 project-based housing, including the number of all project-based units by region as well as an analysis of all federally subsidized housing being refinanced under the Mark-to-Market program. The Secretary shall in the report identify all existing units maintained by region as section 8 project-based units and all project-based units that have opted out of section 8 or have otherwise been eliminated as section 8 project-based units. The Secretary shall identify in detail and by project all the efforts made by the Department to preserve all section 8 project-based housing units and all the reasons for any units which opted out or otherwise were lost as section 8 project-based units. Such analysis shall include a review of the impact of the loss of any subsidized units in that housing marketplace, such as the impact of cost and the loss of available subsidized, low-income housing in areas with scarce housing resources for low-income families.CommentsClose CommentsPermalink
Sec. 227. Payment of attorney fees in program-related litigation must be paid from individual program office personnel benefits and compensation funding. The annual budget submission for program office personnel benefit and compensation funding must include program-related litigation costs for attorney fees as a separate line item request.CommentsClose CommentsPermalink
Sec. 228. The Secretary of the Department of Housing and Urban Development shall for fiscal year 2011 and subsequent fiscal years, notify the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund administered by the Secretary that is to be competitively awarded. Notwithstanding any other provision of law, for fiscal year 2011 and subsequent fiscal years, the Secretary may make the NOFA available only on the Internet at the appropriate Government Web site or Web site or through other electronic media, as determined by the Secretary.CommentsClose CommentsPermalink
Sec. 229. (a) Approval of Prepayment of Debt- Upon request of the project sponsor of a project assisted with a loan under section 202 of the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act), for which the Secretary’s consent to prepayment is required, the Secretary may approve the prepayment of any indebtedness to the Secretary relating to any remaining principal and interest under the loan as part of a prepayment plan under which--CommentsClose CommentsPermalink
(1) the project sponsor agrees to operate the project until the maturity date of the original loan under terms at least as advantageous to existing and future tenants as the terms required by the original loan agreement or any project-based rental assistance payments contract under section 8 of the United States Housing Act of 1937 (or any other project-based rental housing assistance programs of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (
(2) the prepayment may involve refinancing of the loan if such refinancing results--CommentsClose CommentsPermalink
(A) in a lower interest rate on the principal of the loan for the project and in reductions in debt service related to such loan; orCommentsClose CommentsPermalink
(B) in the case of a project that is assisted with a loan under such section 202 carrying an interest rate of 6 percent or lower, a transaction under which--CommentsClose CommentsPermalink
(i) the project owner shall address the physical needs of the project;CommentsClose CommentsPermalink
(ii) the prepayment plan for the transaction, including the refinancing, shall meet a cost benefit analysis, as established by the Secretary, that the benefit of the transaction outweighs the cost of the transaction including any increases in rent charged to unassisted tenants;CommentsClose CommentsPermalink
(iii) the overall cost for providing rental assistance under section 8 for the project (if any) is not increased, except, upon approval by the Secretary to--CommentsClose CommentsPermalink
(I) mark-up-to-market contracts pursuant to section 524(a)(3) of the Multifamily Assisted Housing Reform and Affordability Act (
(II) mark-up-to-budget contracts pursuant to section 524(a)(4) of the Multifamily Assisted Housing Reform and Affordability Act (
(iv) the project owner may charge tenants rent sufficient to meet debt service payments and operating cost requirements, as approved by the Secretary, if project-based rental assistance is not available or is insufficient for the debt service and operating cost of the project after refinancing. Such approval by the Secretary--CommentsClose CommentsPermalink
(I) shall be the basis for the owner to agree to terminate the project-based rental assistance contract that is insufficient for the debt service and operating cost of the project after refinancing; andCommentsClose CommentsPermalink
(II) shall be an eligibility event for the project for purposes of section 8(t) of the United States Housing Act of 1937 (
(v) units to be occupied by tenants assisted under section 8(t) of the United States Housing Act of 1937 (
(vi) there shall be a use agreement of 20 years from the date of the maturity date of the original 202 loan for all units, including units to be occupied by tenants assisted under section 8(t) of the United States Housing Act of 1937 (
Sec. 230. No property identified by the Secretary of Housing and Urban Development as surplus Federal property for use to assist the homeless shall be made available to any homeless group unless the group is a member in good standing under any of HUD’s homeless assistance programs or is in good standing with any other program which receives funds from any other Federal or State agency or entity: Provided, That an exception may be made for an entity not involved with Federal homeless programs to use surplus Federal property for the homeless only after the Secretary or another responsible Federal agency has fully and comprehensively reviewed all relevant finances of the entity, the track record of the entity in assisting the homeless, the ability of the entity to manage the property, including all costs, the ability of the entity to administer homeless programs in a manner that is effective to meet the needs of the homeless population that is expected to use the property and any other related issues that demonstrate a commitment to assist the homeless: Provided further, That the Secretary shall not require the entity to have cash in hand in order to demonstrate financial ability but may rely on the entity’s prior demonstrated fund-raising ability or commitments for in-kind donations of goods and services: Provided further, That the Secretary shall make all such information and its decision regarding the award of the surplus property available to the committees of jurisdiction, including a full justification of the appropriateness of the use of the property to assist the homeless as well as the appropriateness of the group seeking to obtain the property to use such property to assist the homeless: Provided further, That, this section shall apply to properties in fiscal years 2010 and 2011 made available as surplus Federal property for use to assist the homeless.CommentsClose CommentsPermalink
Sec. 231. The Secretary of the Department of Housing and Urban Development is authorized to transfer up to 5 percent of the funds made available for personnel or nonpersonnel expenses under any account or any set-aside within any account under this title under the general heading ‘Personnel Compensation and Benefits’, and under the account headings ‘Executive Direction’ and ‘Administration, Operations and Management’, to any other such account or any other such set-aside within any such account: Provided, That any transfer over 5 percent must be submitted to and receive the prior written approval of the House and Senate Committees on Appropriations.CommentsClose CommentsPermalink
Sec. 232. The Disaster Housing Assistance Programs, administered by the Department of Housing and Urban Development, shall be considered a ‘program of the Department of Housing and Urban Development’ under section 904 of the McKinney Act for the purpose of income verifications and matching.CommentsClose CommentsPermalink
Sec. 233. Of the amounts made available for salaries and expenses under all accounts under this title (except for the Office of Inspector General account), a total of up to $15,000,000 may be transferred to and merged with amounts made available in the ‘Working Capital Fund’ account or the ‘Transformation Initiative’ account under this title. Any amounts transferred to the ‘Transformation Initiative’ account shall only be available for information technology requirements and shall remain available until September 30, 2013.CommentsClose CommentsPermalink
Sec. 234. Section 203(c)(2)(B) of the National Housing Act (
(B) ‘In addition to the premium under subparagraph (A), the Secretary may establish and collect annual premium payments in an amount not exceeding 1.50 percent of the remaining insured principal balance (excluding the portion of the remaining balance attributable to the premium collected under subparagraph (A) and without taking into account delinquent payments or prepayments). The Secretary, by publication of a notice in the Federal Register, may establish or change the amount of the premium under subparagraph (A) or the annual premium, and the period of the mortgage term for which an annual premium amount shall apply.’.CommentsClose CommentsPermalink
Sec. 235. Title II of division I of
Sec. 236. (a) Loan Limit Floor Based on 2008 Levels- For mortgages for which the mortgagee issues credit approval for the borrower during fiscal year 2011, if the dollar amount limitation on the principal obligation of a mortgage determined under section 203(b)(2) of the National Housing Act (
(b) Discretionary Authority for Sub-Areas- Notwithstanding any other provision of law or of this joint resolution, if the Secretary of Housing and Urban Development determines, for any geographic area that is smaller than an area for which dollar amount limitations on the principal obligation of a mortgage are determined under section 203(b)(2) of the National Housing Act, that a higher such maximum dollar amount limitation is warranted for any particular size or sizes of residences in such sub-area by higher median home prices in such sub-area, the Secretary may, for mortgages for which the mortgagee issues credit approval for the borrower during fiscal year 2011, increase the maximum dollar amount limitation for such size or sizes of residences for such sub-area that is otherwise in effect (including pursuant to subsection (a) of this section), but in no case to an amount that exceeds the amount specified in section 202(a)(2) of the Economic Stimulus Act of 2008.CommentsClose CommentsPermalink
Sec. 237. (a) Loan Limit Floor Based on 2008 Levels- For mortgages originated during fiscal year 2011, if the limitation on the maximum original principal obligation of a mortgage that may be purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation determined under section 302(b)(2) of the Federal National Mortgage Association Charter Act (
(b) Discretionary Authority for Sub-Areas- Notwithstanding any other provision of law or of this Act, if the Director of the Federal Housing Finance Agency determines, for any geographic area that is smaller than an area for which limitations on the maximum original principal obligation of a mortgage are determined for the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, that a higher such maximum original principal obligation limitation is warranted for any particular size or sizes of residences in such sub-area by higher median home prices in such sub-area, the Director may, for mortgages originated during fiscal year 2011, increase the maximum original principal obligation limitation for such size or sizes of residences for such sub-area that is otherwise in effect (including pursuant to subsection (a) of this section) for such Association and Corporation, but in no case to an amount that exceeds the amount specified in the matter following the comma in section 201(a)(l)(B) of the Economic Stimulus Act of 2008.CommentsClose CommentsPermalink
Sec. 238. Notwithstanding any other provision of this Act, for mortgages for which the mortgagee issues credit approval for the borrower during fiscal year 2011, the second sentence of section 255(g) of the National Housing Act (
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $7,367,000: Provided, That, notwithstanding any other provision of law, there may be credited to this appropriation funds received for publications and training expenses.CommentsClose CommentsPermalink
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended (46 U.S.C. App. 1111), including services as authorized by
National Railroad Passenger Corporation Office of Inspector General
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General for the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978, as amended, $19,500,000: Provided, That the Inspector General shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App. 3), to investigate allegations of fraud, including false statements to the government (
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act (
(1) The Neighborhood Reinvestment Corporation (‘NRC’), shall make grants to counseling intermediaries approved by the Department of Housing and Urban Development (HUD) (with match to be determined by the NRC based on affordability and the economic conditions of an area; a match also may be waived by the NRC based on the aforementioned conditions) to provide mortgage foreclosure mitigation assistance primarily to States and areas with high rates of defaults and foreclosures to help eliminate the default and foreclosure of mortgages of owner-occupied single-family homes that are at risk of such foreclosure. Other than areas with high rates of defaults and foreclosures, grants may also be provided to approved counseling intermediaries based on a geographic analysis of the Nation by the NRC which determines where there is a prevalence of mortgages that are risky and likely to fail, including any trends for mortgages that are likely to default and face foreclosure. A State Housing Finance Agency may also be eligible where the State Housing Finance Agency meets all the requirements under this paragraph. A HUD-approved counseling intermediary shall meet certain mortgage foreclosure mitigation assistance counseling requirements, as determined by the NRC, and shall be approved by HUD or the NRC as meeting these requirements.CommentsClose CommentsPermalink
(2) Mortgage foreclosure mitigation assistance shall only be made available to homeowners of owner-occupied homes with mortgages in default or in danger of default. These mortgages shall likely be subject to a foreclosure action and homeowners will be provided such assistance that shall consist of activities that are likely to prevent foreclosures and result in the long-term affordability of the mortgage retained pursuant to such activity or another positive outcome for the homeowner. No funds made available under this paragraph may be provided directly to lenders or homeowners to discharge outstanding mortgage balances or for any other direct debt reduction payments.CommentsClose CommentsPermalink
(3) The use of Mortgage Foreclosure Mitigation Assistance by approved counseling intermediaries and State Housing Finance Agencies shall involve a reasonable analysis of the borrower’s financial situation, an evaluation of the current value of the property that is subject to the mortgage, counseling regarding the assumption of the mortgage by another non-Federal party, counseling regarding the possible purchase of the mortgage by a non-Federal third party, counseling and advice of all likely restructuring and refinancing strategies or the approval of a work-out strategy by all interested parties.CommentsClose CommentsPermalink
(4) NRC may provide up to 15 percent of the total funds under this paragraph to its own charter members with expertise in foreclosure prevention counseling, subject to a certification by the NRC that the procedures for selection do not consist of any procedures or activities that could be construed as an unacceptable conflict of interest or have the appearance of impropriety.CommentsClose CommentsPermalink
(5) HUD-approved counseling entities and State Housing Finance Agencies receiving funds under this paragraph shall have demonstrated experience in successfully working with financial institutions as well as borrowers facing default, delinquency and foreclosure as well as documented counseling capacity, outreach capacity, past successful performance and positive outcomes with documented counseling plans (including post mortgage foreclosure mitigation counseling), loan workout agreements and loan modification agreements. NRC may use other criteria to demonstrate capacity in underserved areas.CommentsClose CommentsPermalink
(6) Of the total amount made available under this paragraph, up to $3,000,000 may be made available to build the mortgage foreclosure and default mitigation counseling capacity of counseling intermediaries through NRC training courses with HUD-approved counseling intermediaries and their partners, except that private financial institutions that participate in NRC training shall pay market rates for such training.CommentsClose CommentsPermalink
(7) Of the total amount made available under this paragraph, up to 4 percent may be used for associated administrative expenses for the NRC to carry out activities provided under this section.CommentsClose CommentsPermalink
(8) Mortgage foreclosure mitigation assistance grants may include a budget for outreach and advertising, and training, as determined by the NRC.CommentsClose CommentsPermalink
(9) The NRC shall continue to report bi-annually to the House and Senate Committees on Appropriations as well as the Senate Banking Committee and House Financial Services Committee on its efforts to mitigate mortgage default.CommentsClose CommentsPermalink
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants under
Section 209 of the McKinney-Vento Homeless Assistance Act (
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. Such sums as may be necessary for fiscal year 2010 pay raises for programs funded in this Act shall be absorbed within the levels appropriated in this Act or previous appropriations Acts.CommentsClose CommentsPermalink
Sec. 402. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act.CommentsClose CommentsPermalink
Sec. 403. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein.CommentsClose CommentsPermalink
Sec. 404. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to
Sec. 405. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2011, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement accompanying this Act, whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropriations: Provided, That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the Senate and of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further, That the report shall include: (1) a table for each appropriation with a separate column to display the President’s budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and (3) an identification of items of special congressional interest: Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress.CommentsClose CommentsPermalink
Sec. 406. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2011 from appropriations made available for salaries and expenses for fiscal year 2011 in this Act, shall remain available through September 30, 2012, for each such account for the purposes authorized: Provided, That a request shall be submitted to the House and Senate Committees on Appropriations for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines under section 405 of this Act.CommentsClose CommentsPermalink
Sec. 407. All Federal agencies and departments that are funded under this Act shall issue a report to the House and Senate Committees on Appropriations on all sole-source contracts by no later than July 30, 2011. Such report shall include the contractor, the amount of the contract and the rationale for using a sole-source contract.CommentsClose CommentsPermalink
Sec. 408. (a) None of the funds made available in this Act may be obligated or expended for any employee training that--CommentsClose CommentsPermalink
(1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties;CommentsClose CommentsPermalink
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;CommentsClose CommentsPermalink
(3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation;CommentsClose CommentsPermalink
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘new age’ belief systems as defined in Equal Employment Opportunity Commission Notice N-915.022, dated September 2, 1988; orCommentsClose CommentsPermalink
(5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace.CommentsClose CommentsPermalink
(b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties.CommentsClose CommentsPermalink
Sec. 409. No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided, That for purposes of this section, public use shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication-related, water-related and wastewater-related infrastructure), other structures designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownsfield as defined in the Small Business Liability Relief and Brownsfield Revitalization Act (
Sec. 410. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.CommentsClose CommentsPermalink
Sec. 411. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service, and has within 90 days after his release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position and has not been restored thereto.CommentsClose CommentsPermalink
Sec. 412. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (
Sec. 413. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act (
Sec. 414. None of the funds made available in this Act may be used for first-class airline accommodations in contravention of sections 301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.CommentsClose CommentsPermalink
Sec. 415. None of the funds made available in this Act may be used to purchase a light bulb for an office building unless the light bulb has, to the extent practicable, an Energy Star or Federal Energy Management Program designation.CommentsClose CommentsPermalink
Sec. 416. (a) None of the funds made available in this Act may be used to establish, issue, implement, administer, or enforce any prohibition or restriction on the establishment or effectiveness of any occupancy preference for veterans in supportive housing for the elderly that: (1) is provided assistance by the Department of Housing and Urban Development; and (2)(A) is or would be located on property of the Department of Veterans Affairs; or (B) is subject to an enhanced use lease with the Department of Veterans Affairs.CommentsClose CommentsPermalink
Sec. 417. None of the funds made available under this Act or any prior Act may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations.CommentsClose CommentsPermalink
Sec. 418. After any notice of funding availability or any other notice designed to solicit applications for funding issued by either of the following departments for a competitive grant program with an annual budget, including grants, equal to or exceeding $100,000,000, the Secretary of the Department of Transportation and the Secretary of Housing and Urban Development shall post on their Web sites the following information regarding any of the applicable programs including, but not limited to, the primary purpose of the grant program, the criteria for grant selection, and the process for the decisionmaking by the Department: Provided, That once all valid applications have been received by the Department for a program by a date certain established by the Department, the Department shall post on its Web site a summary of the primary information in each grant application, including the applicant’s name, address, phone number, point of contact, and the primary funding or other request of each grantee: Provided further, That a department shall post on its Web site the name of all successful grantees, the grant award amount, and the justification for the selection by the department as well as the methodology for the award selections, including how the selected awards are consistent with program goals, and as soon as is available, a summary of all benchmarks and deadlines that are expected to be met by a grantee.CommentsClose CommentsPermalink
This Act may be cited as the ‘Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2011’.CommentsClose CommentsPermalink
Calendar No. 482CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3644CommentsClose CommentsPermalink
[Report No. 111-230]CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
July 23, 2010CommentsClose CommentsPermalink
July 23, 2010CommentsClose CommentsPermalink
Read twice and placed on the calendarCommentsClose CommentsPermalink
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