[Congressional Record Volume 156, Number 113 (Thursday, July 29, 2010)]
[House]
[Pages H6310-H6354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2011
The SPEAKER pro tempore. Pursuant to House Resolution 1569 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 5850.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 5850) 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,
with Mr. Snyder in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Massachusetts (Mr. Olver) and the gentleman from
Iowa (Mr. Latham) each will control 30 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. OLVER. Mr. Chairman, I yield myself 10 minutes.
Mr. Chairman, it is my privilege and pleasure to present the fiscal
year 2011 Transportation, Housing and Urban Development, and Related
Agencies appropriations bill to the House.
I want to thank all of the subcommittee members for their input and
help with writing this bill. In particular, I would like to recognize
my ranking member, Tom Latham, for his valuable insights during the 13
hearings the subcommittee held covering the budgets and the challenges
facing transportation and housing. We do not always agree, but I
greatly appreciate his partnership, and his input has made the bill
better.
I also want to recognize the hard work of our staff, specifically on
the minority side, Dena Baron--who I notice is soon to multiply--Matt
McCardle and Doug Bobbitt, and on the majority side, Kate Hallahan,
David Napoliello, Laura Hogshead, Sylvia Garcia, Patrick Hatch, Eve
Goldsher, Kristin Palmer, and Blair Anderson. My ranking member and I
are lucky to have such a dedicated staff who work amicably and
respectfully together. They have spent many late nights putting this
bill together, and we would not be here today without their hard work.
The committee-reported bill provides $67.4 billion in discretionary
resources, a decrease of $500 million below the FY 2010 enacted level
and more than $1.3 billion below the President's request. Within an
allocation that is 2 percent below the President's request, we have
still been able to develop a bill that creates jobs through investments
in infrastructure and supports families that have been hit the hardest
by the foreclosure crisis. These targeted increases are possible
because the bill makes a number of significant reductions from the
budget request by not funding $4.8 billion in new, unauthorized
initiatives that were proposed by the administration, including the
National Infrastructure Bank, the Choice Neighborhoods program, and a
major program to transform how our 3,200 public housing authorities
function.
{time} 1400
Specifically within transportation, investments are targeted to areas
that will create skilled jobs immediately and build the infrastructure
that underpins future economic growth. The fact remains that our
transportation network has great investment needs with aging highways,
bridges, and transit systems, and an air traffic control system in
desperate need of modernization. It is my belief that we can no longer
defer investments in our transportation systems, which provide the
foundation for our Nation's economy.
Specifically, the bill provides: $45.2 billion for the Federal
Highway Administration, which is an increase of $3.9 billion above the
President's request, that will allow States to complete additional
infrastructure projects, spur the economy, and create approximately
142,000 new jobs.
It provides $11.3 billion for public transportation programs, an
increase in total budgetary resources of $508 million above the
President's request, in order to help address the nearly $80 billion
maintenance backlog needed to meet a state of good repair on the
Nation's fixed guideway and bus systems.
It provides a total of $3.2 billion for Amtrak, the High-Speed
Intercity Passenger Rail program, and investments in Positive Train
Control. This includes a $127.5 million increase for the first year of
Amtrak's fleet plan that will support the development of a domestic
manufacturing base for locomotives and railcars, and it provides $1.16
billion for NextGen, to modernize our outdated air traffic control
system, which will reduce operational costs and allow airlines to
utilize our airspace more efficiently.
Within housing, we were able to use a portion of the savings, which I
mentioned above, to fill holes where the President eliminated or deeply
cut vital programs, including:
Restoring funding to construct housing units for the elderly and
disabled to their fiscal 2010 levels;
Restoring $75 million for 10,000 new VASH housing vouchers, which
continues Congress' commitment to homeless veterans;
Providing $200 million for HOPE VI to rehabilitate the most severely
distressed public housing communities in the Nation; and
Restoring $455 million to the Public Housing Capital Fund to help
Public Housing Authorities make critical repairs and improvements to
public housing units. Every dollar invested in this program returns
over $2 to the local economies and to the construction industry.
This bill also recognizes that, as the foreclosure crisis continues
and with experts estimating that a record 1 million households will
lose homes in 2010, access to supportive services is critical.
To that extent, the bill continues the National Reinvestment
Corporation's Foreclosure Mitigation Counseling program, because
homeowners who receive such counseling through this program are 60
percent more likely to avoid foreclosure than those who do not use such
aid. It provides $2.2 billion for homeless assistance grants to shelter
families forced from their homes, and it takes a strong step forward in
our commitment to reducing chronic homelessness.
Overall, HUD programs are maintained at levels that will ensure
affordable housing opportunities are available as families recover from
the economic downturn.
More broadly, this bill recognizes that the current paradigm in which
affordable housing is connected to unaffordable commutes is
unsustainable for families' budgets. As such, the bill provides $677
million to coordinate transportation and infrastructure investments
with the availability of housing and community services in order to
decrease transportation costs, improve access to jobs and services,
promote healthy communities, and enhance community connectivity.
Finally, I expect many Members to come before this body today to talk
about reducing spending and the moral imperative of not leaving a
deficit for future generations. Let me remind everyone that the
investments in this bill address another looming deficit, specifically
our transportation and housing infrastructure deficit.
The Department of Transportation's most recent Conditions and
Performance Report indicates there is an annual investment gap of $26.9
billion to maintain our current system of highways and bridges and an
annual gap of $95.9 billion to improve the system. Every dollar
deferred today will catch up to the next generation in the form of
falling bridges, broken roads, deteriorating housing, and an economy
choked by congestion.
In conclusion, we worked hard to balance many competing needs to
produce a bill that reflects the bipartisan needs of transportation and
housing and that puts Americans back to work. I am pleased with the
product, and I urge Members to support it.
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I reserve the balance of my time.
Mr. LATHAM. I yield myself such time as I may consume.
Mr. Chairman, I am going to be very brief as Mr. Olver has told us an
awful lot about H.R. 5850, the fiscal year 2011 Transportation and
Housing, or THUD, bill.
I just want to say, on a personal level, thank you to Chairman Olver
for his ability to work together on this bill. He has been a true
gentleman and very, very cooperative. He has reached out and has really
made this a pleasure to go through the entire hearing process this
year.
I also want to thank the staff for all of their hard work. Mr. Olver
has already named the staff members, but I also want to make sure that
they know how much we appreciate all of their hard work.
I really believe, this year, that we did have an opportunity to
adhere to a normal appropriations process. We have a closed or a
modified open rule here today, and it hasn't always been easy
throughout the whole process. We did have a very entertaining and, I
think, a very productive hearing season, and I appreciate all of the
efforts to bring some of the housing and transportation concerns to
light, especially when the chairman and I don't always agree on the
best solutions to tackle these complicated issues of spending, housing,
and transportation.
The result of those hearings is the bill before us, totaling $67.4
billion, which is a mere $500 million below the fiscal year 2010
levels. Before we celebrate this reduction, we need to remember that
the fiscal year 2010 bill was a whopping 23 percent over the year
before. I want to say that again. The bill last year was 23 percent
higher than the year before that. So, really, the $500 million
reduction in this bill is a drop in the bucket of where we need to go
to bring us back to some sanity and a reasonable state.
While Mr. Olver is a most accommodating chairman, I do have some
disagreements with some of the funding decisions he has made in the
bill before us. I know the administration has come to Chairman Olver
and has complained that he didn't fund each and every new idea in the
bill--and I commend him for that. However, in light of the drastic
deficit situation that is facing this country, I would prefer a little
more critique and restraint on some of the new, untested, and expensive
programs before proposing funding at or above the President's request.
Livability? Sustainability? Have we defined these concepts? Obviously
not, since this bill gives the Department of Transportation $4 million
to figure out how to measure livability.
Should we be asking the American taxpayers to give us $4 million for
the Department of Transportation to go and figure out what they want to
do in your local communities when families are trying to keep their
homes and invest in their businesses? I would say no.
Another example, really, is high-speed rail. The President got $8
billion in the stimulus bill for high-speed rail back in 2009, and only
a very small fraction of that $8 billion has gone out the door as the
Federal Railroad Administration is still working with recipients of
those funds to nail down a grant agreement. The only industry that has
been stimulated by the high-speed rail funds are the planners and the
lobbyists. Yet this bill gives another $400 million on top of the
President's request of $1 billion and on top of the whopping $2.5
billion they got in fiscal year 2010.
So if this bill becomes law, the taxpayers will have given--or more
appropriately, borrowed--almost $12 billion for high-speed rail, and we
still don't have one single operating high-speed rail line on the
horizon.
Is this a horrible bill? No, it's not. Does it spend too much?
Certainly, it does.
I would encourage Members to give careful consideration to the few
amendments that are made in order today. There are some very thoughtful
amendments that would reduce the cost of this bill, which would still
fund the core programs under THUD at a respectable level.
In closing, I want to thank Chairman Obey, Chairman Olver, Ranking
Member Lewis, and all of the members of the subcommittee for getting
this bill to the House floor. Again, I would like to thank the staff,
both the committee staff and personal office staff, for all of their
hard work in putting together this legislative package.
I reserve the balance of my time.
{time} 1410
Mr. OLVER. Mr. Chairman, I yield 3 minutes to the gentleman from
Wisconsin (Mr. Obey), the chairman of the full committee.
Mr. OBEY. I thank the gentleman for the time.
Mr. Chairman, I would describe this bill as a fiscally responsible
jobs bill. It is below the President's request by $1.3 billion, and
below last year by one-half billion dollars.
Last year, the Recovery Act demonstrated that investments in
transportation and housing both support decent paying jobs, while
providing critical infrastructure investments.
Let me review some of the facts: To help the economy save jobs, we
put over $60 billion in the Recovery Act for transportation and housing
programs. With the exception of two new programs that were created in
that bill, nearly all of the money, 98 percent, has been obligated. It
has started over 14,000 transportation construction projects supporting
an average of 41,000 direct jobs each quarter. It has rehabilitated or
developed more than 188,000 units of low-income housing, and served
over 357,000 low-income individuals through housing for the homeless.
But the economic downturn was far worse than was predicted. There are
still many families reeling from the housing crisis. In fact,
approximately 6 million homes have been foreclosed upon in the past 3
years, and our roads, bridges and mass transit systems are in desperate
need of additional investment.
The Department of Transportation states that there is a yearly
investment gap of $27 billion just to maintain our current highways and
bridges. And the state of our transit system isn't much better.
This bill increases the amount that can be spent on highways and
transit by a modest $4.5 billion over fiscal 2010, and over the
President's request, even as we come in under last year and under the
President's request overall. According to DOT's job model estimates,
this increase will support more than 150,000 transportation jobs.
In addition, vulnerable populations affected by the economic
downturn, such as the homeless, the elderly and the disabled, are also
supported in this bill through programs such as funding for section 8
housing vouchers. We have $113 million for foreclosure mitigation
counseling. The bill also includes $75 million for 10,000 additional
vouchers for homeless veterans, support for the homeless, with $2.2
billion allocated for housing and services, and a new demonstration
linking HUD and HHS funding to better support these families and
individuals.
Low-income individuals have disproportionately been affected by this
economic crisis. We need to focus instead on the right kind of
affordable housing for seniors, the disabled and the homeless. That's
what this bill does, and I urge support of it.
Mr. LATHAM. I yield such time as he may consume to the gentleman from
California (Mr. Lewis), the ranking member.
Mr. LEWIS of California. I very much appreciate my colleague
yielding.
Mr. Chairman, I would like to start my remarks by paying tribute to
one of the great staff members we have around here. Dena Baron wants us
to get through quickly, for she's just about ready to give delivery to
her second child. And for those who are curious about all of that, Dena
is planning to deliver us a baby girl.
I very much want to express, Mr. Chairman, my appreciation and thanks
to Chairman Olver and Ranking Member Latham for their efforts in
producing this legislation. While they may not agree on the overall
spending level for this bill, they have worked together in a bipartisan
fashion. While they have real policy differences, Chairman Olver and
Mr. Latham know that it's in the best interest of the House and the
American public to get this bill done.
Yesterday's passage of the MILCON-VA bill marked the second latest
date in the last 15 years that the House passed its first regular
appropriations bill. The only other year in recent history with a more
dismal record was 2
[[Page H6320]]
years ago when MILCON-VA was the first--and only--appropriations bill
brought to the floor--on August 1.
Astonishing that we are now 2 months away from beginning the new
fiscal year, and only a day away from the 6-week August congressional
recess, and we are only now considering the second of 12 annual
spending bills.
So far this year, 11 of the 12 funding bills have been marked up in
subcommittee. And yet, only two of the 12 bills have been considered by
the full Appropriations Committee. Those two bills, the bill we passed
yesterday and the bill we're considering today, are likely to be the
only bills passed by the House this year.
The full Appropriations Committee was scheduled to mark up the
Agriculture and Homeland Security bills 2 days ago. As members of the
committee began to enter the room for those markups at 3 p.m., the
session was abruptly postponed, and as of this moment, there's been no
explanation.
Let me state the obvious as clearly as I can. This year's
appropriations process has been a complete and utter failure. Members
of both sides of the aisle have voiced frustration for months about the
committee's inability to get its work done. Traditionally, June and
July are the months we're debating and passing our spending bills. Not
this year, Mr. Chairman. Not this year.
As Mr. Wolf pointed out last night, this has become the ``Suspension
Congress.'' This year, the Appropriations Committee--once known as the
``Workhorse Committee''--has done virtually nothing. The House itself
has done very little in the way of substantive work, instead debating
frivolous bills on the suspension calendar. Week after week, the
majority leader has given away Friday legislative sessions because the
Democrat majority refuses to move appropriations bills, and because
there was no other legislative work to keep Members in town.
It's also worth noting, Mr. Chairman, that on the very rare occasion
when our appropriations bills are brought to the floor, they are
brought up under a closed rule to stifle debate on issues that the
Democratic majority would prefer to ignore until after the election.
All Members, whether they're Republicans or Democrats, have a
legitimate right to offer and debate amendments under the longstanding
traditional open rule process governing appropriations bills. This
includes those amendments that would strike what Members believe to be
excessive levels of spending.
Had Republicans been afforded the opportunity to offer amendments
under open rules, there's little doubt that much of our effort would be
geared towards reducing spending. It was just last week that Democratic
members of the Appropriations Committee rejected a Republican amendment
in full committee that would have pared back overall discretionary
spending this year by $31 billion from Chairman Obey's generous
allocation, and $39 billion from the President's request.
In addition, Republicans have offered amendments in committee this
year to reduce spending by over $70 billion. Each and every amendment
to reduce the rate of growth of spending has been defeated on a party-
line vote. Unfortunately, my Democratic colleagues have not offered a
single vote in support of those cuts.
According to the OMB Mid-Session Budget Review, the annual budget
deficit is projected to reach a record of $1.47 trillion this year. As
a percentage of the economy, it's the largest deficit since World War
II. With the Federal Government now borrowing 41 cents on every dollar
it spends, and with spending continuing at record levels, it appears
that there's little relief in sight.
Indeed, the Obama Administration is conceding that these large
deficits are here to stay. According to the President's own numbers,
the national debt, which was at $5.8 trillion at the end of 2008, will
soar to $18.5 trillion by the end of this decade.
{time} 1420
These future deficits are driven almost entirely by rising levels of
government spending. I know there's a tendency among some of my friends
to blame President Bush for everything, but the fact is that President
Obama's budget would push inflation-adjusted Federal spending over
$36,000 per household by the year 2020. This is $12,000 above the level
per-household that existed under President Bush. Even President Obama's
enormous $3 trillion tax increase proposal won't stop this spending
from pushing the national debt to even more dangerous levels.
With the mid-session budget review, the Obama White House has now
confirmed what committee Republicans have been saying all year: That
the Democrat majority's agenda of runaway spending, surging taxes, and
soaring budget deficits is leading to historic deficits and record
levels of debt. The only way out of this deficit and debt nightmare is
to curb Uncle Sam's appetite for spending. We simply must do something
about the rising tide of red ink before we're overcome by it. I ask my
colleagues on the other side of the aisle how many more shocking budget
projections we need before you join us in saying enough is enough?
With that, Mr. Chairman, I urge a ``no'' vote on final passage.
Mr. OLVER. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Michigan (Ms. Kilpatrick), a very valued member of the Appropriations
subcommittee.
Ms. KILPATRICK of Michigan. Thank you, Mr. Olver, our outstanding
chairman who has brought us this far.
I want to thank Kate Hallahan and the rest of the staff for working
to bring this bill to the floor with us. It's a very complicated bill,
but it is the bill in the Federal Government that will put America back
to work rebuilding our crumbling infrastructure, providing jobs across
America, doing the things that are necessary so we take care of
Americans who have lost their jobs, helping the institutions of higher
learning so they train, and be able to keep their tuitions lower, so
that our children can build a better America as we go forward.
This is a good bill. It's a bill that's been worked for the
betterment of America. It's an artistic compilation of ideas and
investments that will make America strong again as we move into the
21st century.
Chairman Olver and Ms. Hallahan and the staff and the rest us should
be commended. We wish we had more. This bill is $1 billion less than
what the President gave us because we recognize that our Nation is in
crisis. So we had to work with what we had and have some outstanding
programs put together in an artistic way that America is invested in
again, that our crumbling roads and bridges can be fixed, and that we
might put people back to work, help our institutions of higher
education, and build a better America.
There are several things I want to highlight in the bill just
briefly. Most of you know that our veteran population, who have given
their lives to this country, many have returned home. They have
returned home unemployed. Many are homeless. There have been studies
all over America now from various institutions how homeless veterans
must have housing, jobs. This Congress has passed the best veterans
bill in several decades. And we are getting to that so that our
veterans, who dedicate their lives for our safety, can have those
opportunities.
We provide in our Transportation-HUD bill resources for veterans who
are now homeless. It's a great opportunity for us to show to our
veterans that the Federal Government they worked so hard to secure is
in their corner. Let's not accept any amendments that would reduce
that.
The CHAIR. The time of the gentlewoman has expired.
Mr. OLVER. I yield the gentlelady 1 additional minute.
Ms. KILPATRICK of Michigan. Thank you, Mr. Chairman.
Also we have a program that's called reinvesting into our
infrastructure, reinvesting TIGER grants. TIGER is acronym that allows
us to invest money. There were over $50 billion worth of investments
asked for. Our bill has only under $2 billion. So in TIGER I, many
communities were not able to partake. These TIGER grants go right from
the Federal Government to communities to help rebuild all kinds of
programs that are related to transportation and HUD, putting people
back to work. They are very competitive. Let's not accept any amendment
that would make it more hard, more difficult for communities to
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compete with one another for these limited dollars.
TIGER grants, veterans homeless assistance, and other things within
this budget, roads, bridges, train dollars, this is a good bill. I
commend Ms. Hallahan as well as our chairman. The other side has been
working with us pretty good as well. Yes, we have to fix the deficit,
but you don't do it on the least of these.
Mr. Chairman, I hope that we will pass this bill and move it onto the
Senate, a good bill, beginning to put America back to work.
Mr. Chair, I rise today to support the FY2011 Transportation-Housing
and Urban Development Appropriations Bill, H.R. 5850. The FY2011
Transportation-Housing and Urban Development bill before us today
addresses a number of housing and transportation challenges.
There is such a broad consensus affirming the great needs for
transportation infrastructure investments and for affordable housing
throughout the country.
The total budgetary resources include $67.4 billion in discretionary
appropriations for the departments and agencies, which is $1.3 billion
less than requested by the administration, and $500 million below the
FY 2010 appropriations.
This bill seeks to address the need to invest in transportation
infrastructure that will create jobs and ensure that our roads, rails,
ports and airports are safe. This bill also seeks to address the need
for affordable housing through investments in basic program management
tools that will improve HUD's ability to operate efficiently as an
organization.
Priorities in the bill are focused on investing in the nation's
infrastructure to support jobs; supporting vulnerable populations in a
difficult economic climate; ensuring safe transportation; building
healthy communities with environmentally sustainable solutions; and
ensuring responsible management and oversight of government
investments.
Overall, the bill balances the housing and transportation needs of
the country within current fiscal constraints. Investments are targeted
to critical housing and infrastructure needs that will keep this
economy moving forward.
The THUD Committee and staff have worked hard to bring a THUD bill
that will balance the needs for housing and transportation programs
with the call to cut wasteful spending.
Mr. Chair, this is a good bill and I ask all of my colleagues to
support the bill.
Mr. LATHAM. I yield 3 minutes to the gentleman from Indiana (Mr.
Pence).
(Mr. PENCE asked and was given permission to revise and extend his
remarks.)
Mr. PENCE. Mr. Chairman, I thank the gentleman for yielding.
Well, it's truly remarkable to come to the floor on what may be the
second to last day of a long summer session and only be considering the
second out of the 12 appropriations bills that Congress historically
has spent the entire summer considering. As the distinguished ranking
member of the committee said moments ago, this is only the second. We
did the first of 12 yesterday.
And as we come to the floor today to speak about the Transportation,
Housing and Urban Development, and Related Agencies Appropriations Act,
Mr. Chairman, I can't even tell you that this bill is over the budget
because not only have we spent the entire summer not appropriating the
Federal budget, as Congress is obligated to do, but the Democrat
majority didn't even pass a budget. Didn't even try to pass a budget. I
mean it really is extraordinary. You can't say this bill exceeds the
budget because the majority didn't even pass a budget.
Now, I heard the distinguished chairman of the full committee, who
has my respect, the gentleman from Wisconsin, refer to this bill as
fiscally responsible. I respect the gentleman. I believe, maybe grading
on the curve that he is grading on, maybe it is. But the American
people deserve to know the truth about this bill. It is a fact this
bill does spend less than--1 percent less than last year's bill. But
what they're kind of leaving out of the fine print is last year's bill
was a 23 percent increase from the previous year. That didn't even
include the $62 billion in related funding that was included in the so-
called stimulus bill that's only stimulated more deficits and more
debt. I mean it really is incredible.
And this bill, as has been mentioned by other colleagues in this
debate, this bill is an earmark factory, with 459 earmarks in this
bill, less than one-tenth of 1 percent of which are related to
Republican Members of Congress. In fact, the House Republicans made a
decision to refrain from submitting earmarks altogether because we
believe the American people are tired of borrowing and spending as
usual in Washington, D.C. They're tired of an earmarking culture and a
favor factory here in Washington, D.C.
The truth is, as I look at this extraordinary piece of legislation
and I think of a $1.47 trillion deficit this year, this massive
spending bill just seems to be emblematic of the fact that this
majority just doesn't get it. They don't understand that the American
people are bone weary of deficits and debt and spending as usual. And
they long for leadership in Washington, D.C., that's willing to play it
straight, make the hard choices.
The CHAIR. The time of the gentleman has expired.
Mr. PENCE. And this fall they will have the opportunity to elect a
majority that will do just that.
Announcement by the Chair
The CHAIR. Members are advised to heed the gavel.
Mr. OLVER. Mr. Chairman, I yield 2 minutes to the gentleman from New
York (Mr. Israel), who is a member of the full committee.
{time} 1430
Mr. ISRAEL. I thank the distinguished gentleman from Massachusetts
for recognizing me.
Mr. Chair, I've listened to the points from the other side, and Mr.
Chair, my friend from Indiana said the American people are tired of
borrowing and spending. Yeah, they are tired of it. They had 8 years of
it on the other side. The other side, when they took control, we had a
$5.6 trillion surplus. They squandered that and left us $10 trillion in
debt. So I think lectures need to be fact-based and not faith-based.
This bill addresses two of the great challenges we have in the United
States. We have an aging, deficient infrastructure, and we have
millions of people who still need jobs. And this bill addresses both.
Infrastructure: 153,000 bridges in the United States have been rated
functionally obsolete or deficient; 162,000 miles of Federal highway
have been rated unacceptable. Traffic delays are costing America's
small businesses and the American people $78 billion every year. Just
in New York City, aviation delays cost our local economy $1.8 billion.
The American Society of Civil Engineers does an annual report card on
infrastructure and routinely gives grades of C, D, and F to
transportation systems, broadband, and our ports.
Meanwhile, Mr. Chair, in China, they're going to build 97 new
airports over the next 12 years; in Spain, they're going to make a $150
billion investment in high-speed rail; in India, 276 port projects, $12
billion investment to double port capacity.
This bill stops the surrender of infrastructure investments to China
and to Spain and to India. This bill makes us more competitive in a
global economy. This bill creates jobs. Every billion dollars that we
invest in infrastructure creates 47,500 jobs and returns $6 billion to
our economy.
Mr. Chair, Americans have always done best when we build America--the
Erie Canal, the Transcontinental Railroad, the Federal Interstate
Highway System.
The CHAIR. The time of the gentleman has expired.
Mr. OLVER. Mr. Chairman, I yield the gentleman 1 additional minute.
Mr. ISRAEL. We always do best when we are building with our hands,
when we are standing and growing with this economy, putting people to
work, manufacturing for a better economy. And this bill turns away 8
years of neglect on infrastructure and starts to rebuild America again
and create jobs in the process.
This is a jobs bill. Vote ``no'' on this bill and you are killing
jobs and surrendering to China and Spain and other countries. Vote
``yes'' and you are creating jobs, investing in this infrastructure,
and strengthening America again.
Mr. LATHAM. I yield myself 1 minute.
I just want to tell the gentleman--and I don't want to get into a
partisan fight here, but there was not one person on the other side of
the aisle who
[[Page H6322]]
voted to double infrastructure spending in the stimulus bill, spend
half as much money overall, and by the President's own top economic
adviser, would have created twice as many jobs as what did the stimulus
bill that was actually passed and signed into law.
Our motion to recommit was to double the funding for infrastructure,
if anybody's forgotten that. That was exactly what it was so that we
could have actually created jobs here in the United States. The
gentleman apparently forgets that he voted against that.
I reserve the balance of my time.
Mr. OLVER. Mr. Chairman, I yield 3 minutes to the gentleman from
Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. I appreciate the gentleman's courtesy, and I commend
the subcommittee on its work to refine the administration's proposal,
reduce it a billion dollars, but nonetheless deal with the challenges
that face the American people.
And Mr. Olver is right, as is my friend from New York, in talking
about how we're losing an infrastructure challenge globally, which is
apparent to anybody who travels overseas. This is an important piece of
legislation that struggles to help make the Federal Government a better
partner in rebuilding and renewing America.
I have great respect for my good friend from Iowa, but I must
respectfully disagree. The programs dealing with livability are, in
fact, refined and tested. That's why there was such an outpouring of
support for things like the TIGER grants. They are popular, and they
are already making a difference, as we see, around the country.
As for high-speed rail . . . give me a break. Yes, the administration
did move forward with $8 billion for high-speed rail, which takes a
little time to work through the process, but China is going to spend
more in the next couple of months than we will in the next 3 years,
illustrating how we are losing that effort.
Livable communities were actually developed by this subcommittee in
the last Congress. The administration took the work that you Mr.
Chairman developed, they refined it, they expanded it, and I think it's
to your credit for what you have done.
I am saddened by an ill-advised amendment by my friend and colleague,
Mr. DeFazio from Oregon, targeting transportation livability programs
that, in fact, if they were allowed to move forward, would give us a
head start on what I think the Transportation and Infrastructure
Committee wants to happen with their reauthorization. They know that's
important. This would allow a head start on communities large and
small, rural and urban, to be able to get ahead of the curve and make
those programs work better.
Even more ill-advised, I think, is an amendment from Peters, Alder,
and Himes to cut some of the guts this effort from TIGER grants, high-
speed rail, Brownfields, HOPE VI, housing for veterans. These are
programs that, in community after community, people have acknowledged
are important. These have economic vitality. They give communities
tools. They leverage far more than the Federal investment.
I would suggest that rather than targeting products of a thoughtful
rebalancing that came out of this committee, our goal instead should be
to support the committee in its efforts refining the administration's
proposal, help rebuild and renew America with infrastructure that is
failing and out of date and losing competitiveness. We should
reauthorize the Surface Transportation Act.
The CHAIR. The time of the gentleman has expired.
Mr. OLVER. I yield an additional minute to the gentleman.
Mr. BLUMENAUER. This is the home stretch.
We have had examples, for the last 14 years that I've been in
Congress, where communities are struggling to figure out how to put the
pieces together. I commend the committee for its work to try and give
the tools the communities need to stretch Federal dollars, to be able
to encourage private sector investments, to build on models of proven
success, the cutting edge of architecture, of construction, of energy
conservation, water. These are areas that America desperately needs. I
think it would be shortsighted to cut back on this fine work.
I will guarantee you over the course of the next decade that
Congresses and future administrations are going to build on the
foundation that you've established. I hope that this Congress does its
part by moving this forward and supporting the subcommittee's important
work.
Mr. LATHAM. I yield 3 minutes to the gentleman from Texas (Mr.
Hensarling).
Mr. HENSARLING. I thank the gentleman for yielding.
Mr. Chair, the American people are asking this Congress and this
President what part of ``broke'' don't you understand. Already we have
seen, on June 30, the third largest one-day increase in the national
debt in our history: $166 billion larger than the entire annual deficit
of 2007. Already this year the deficit has crossed the trillion dollar
mark for only the second time in American history. Of course, the first
time, as we know, was last year.
We are looking at the largest national debt in our Nation's history.
As a percentage of our economy, it rivals that of World War II, and
it's only due to get worse.
{time} 1440
And yet since the Democratic majority has come in, President Obama
has been elected, this body has gone on a spending spree, today
borrowing 41 cents on the dollar, mainly from the Chinese, to send the
bill to our children and our grandchildren. At one time Mr. Hoyer of
Maryland, now the House majority leader, said to run deficits was akin
to ``fiscal child abuse,'' and now all we seemingly hear from the other
side is the refrain, ``Que sera sera.''
So today we have an appropriations bill, one, Mr. Chairman, that's
coming to this floor without a budget. First time in the history of the
House the House hasn't even attempted to pass a budget. Well, Mr.
Chairman, I guess the only reason you want a budget is because you want
a limit on spending. If you don't want to limit your spending, you
don't need a budget. So we have no budget. We're going directly to the
appropriations bill, and in this case, the THUD bill is 39 percent
larger than it was in fiscal 2008, the year before the Democrats went
on their spending spree. You know, Mr. Chairman, again, how much of
this spending meets the test of borrowing 41 cents on the dollar,
mainly from the Chinese, sending the bill to our children and our
grandchildren?
I have the pleasure of serving on the President's Fiscal
Responsibility Commission. It is chaired by the gentleman from North
Carolina Erskine Bowles, former chief of staff to President Clinton. He
likens the national debt, quote, this debt is like a cancer that's
truly going to destroy the country from within, and yet, Mr. Chairman,
our Democratic majority brings to the floor a bill spending 38 percent
more than just a few years ago.
Recently, it was reported in The Hill that our chairman of the Joint
Chiefs of Staff said, The Nation's debt is the biggest threat to U.S.
national security. Yet the Democratic majority brings a bill to this
floor spending 38 percent more on THUD than just 3 years ago.
The CHAIR. The time of the gentleman has expired.
Mr. LATHAM. I yield the gentleman 1 additional minute.
Mr. HENSARLING. The director of the Congressional Budget Office, Doug
Elmendorf, Democratic appointee, has said, quote, U.S. fiscal policy is
unsustainable, unsustainable to an extent that it can't be solved
through minor changes. Yet the Democratic majority brings a bill
spending 38 percent more since when they came into office.
Economist Robert Samuelson has said that this spending could, quote,
trigger an economic and political death boggle. Yet, the Democratic
majority brings a bill spending 38 percent more from when they took
over.
You know, Mr. Chairman, Americans have seen what is going on in
Greece. They've seen the riots in the street. Greece is having to sell
sovereign territory. Their debt in relation to their economy is about
112 percent. Ours is at 90 percent.
We are truly at a tipping point which is why the American people are
saying: what part of broke don't you understand? No Nation can borrow,
spend or
[[Page H6323]]
bail out its way to economic prosperity. This bill needs to be
rejected.
Mr. OLVER. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Illinois (Ms. Bean) for the purposes of a colloquy.
Ms. BEAN. Thank you, Mr. Chairman, for yielding and for your
thoughtful leadership and stewardship on our Nation's transportation
resources and your commitment to strengthening America's
competitiveness.
I strongly support the renewed focus and investment in our Nation's
critical rail infrastructure. Yet I continue to have grave concerns
about the impacts of freight rail traffic on communities whose road
infrastructure was not designed to accommodate increased levels of rail
traffic.
In communities in my district in Illinois, those concerns include
blocked crossings that cause traffic bottlenecks; safety threats due to
decreased mobility of emergency responders; safety issues due to
increased car volumes and speeds; noise and air pollution; and
interference with proposed commuter rail expansions.
The recent acquisition of the EJ&E by Canadian National promises to
significantly increase daily rail traffic. This would necessitate
construction of over a dozen grade separations, like underpasses and
overpasses, to ensure adequate safety and traffic flow. With each
construction project estimated at costs of tens of millions of dollars,
the impact of this federally approved rail transaction rises to the
level of regional and national significance. Municipalities like
Barrington and others along the EJ&E need DOT funding to help their
communities continue to function which is why we need a multiyear
surface transportation reauthorization moving forward to address such
needs nationwide.
While funding for grade separation construction will come from the
FHA in this bill, the FRA and STB must continue to work together to
align transportation and safety priorities. State and local governments
cannot be expected to bear the burden of accommodating regionally and
nationally significant freight movement. It's in everyone's interest
that Federal agencies partner with communities to ensure the impacts of
such freight are mitigated to a reasonable and practicable extent.
I would like to point out that crossing hazard reduction efforts
should not be limited to high-speed rail corridors. The vast majority
of our rail network continues to be comprised of non-high-speed rail,
regardless of maximum potential train speed.
The CHAIR. The time of the gentlewoman has expired.
Mr. OLVER. I yield the gentlewoman an additional 2 minutes.
Ms. BEAN. I yield to the chairman.
Mr. OLVER. Mr. Chairman, I am glad to work with the gentlewoman from
Illinois on grade separation issues which impact our transportation
networks and communities across the country, all over the country. The
problem you describe is exactly the type of project that should be
addressed in the TIGER grant program, which works to address
transportation issues of regional and national significance and
particularly ones which are intermodal in nature.
Ms. BEAN. I agree with the chairman, and I thank you for giving me
the opportunity to speak on these important issues. I look forward to
working with you further on it.
Mr. LATHAM. I reserve the balance of my time.
Mr. OLVER. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Wisconsin (Ms. Moore) for the purposes of a colloquy.
Ms. MOORE of Wisconsin. I thank you, distinguished Chairman Olver.
I rise to bring to your attention a critical infrastructure need in
the Fourth Congressional District of Wisconsin. The Hoan Bridge, a
vital thoroughfare in my community, connects downtown Milwaukee to the
near southside southern suburbs, on to the airport and beyond to the
interstate, but it's rapidly deteriorating. Chunks of concrete have
been falling off the bridge, and of course, that has created a
significant safety hazard.
My constituents really rely on the Hoan Bridge, and it accommodates
about 43,000 vehicles per day. I trust, Representative Olver, that you
will agree that ensuring the bridge's structural integrity and the
safety of my constituents is of urgent importance.
I yield to the chairman.
Mr. OLVER. I thank the gentlewoman from Wisconsin for raising this
issue, and I've come to realize and I appreciate how important this
bridge is to you and your constituents.
The committee, which looks at many critical infrastructure issues
like this one across the country, stands ready to work with you on this
project in the future.
Ms. MOORE of Wisconsin. I thank you, Representative Olver. I look
forward to working with you as well to ensure the viability of this
important bridge, the Hoan Bridge.
Ms. ROYBAL-ALLARD. Mr. Chair. I am pleased to rise in support of H.R.
5850, the Fiscal Year 2011 Transportation Housing and Urban Development
Appropriations Bill.
As a member of the Subcommittee, I would like to thank Chairman John
Olver and Ranking Member Tom Latham for their hard work on this bill.
At a time when so many are struggling to keep roofs over their heads
and to stay employed, I believe this bill makes wise investments in our
nation's housing and transportation infrastructure needs.
For example, the FY11 THUD Appropriations bill will allow HUD to
renew all project-based Section 8 rental contracts for a full 12
months. This will help ensure that the nearly 1.3 million low-income
families that currently reside in project-based Section 8 housing will
not lose their homes.
The Committee has also recognized the unique housing needs of some of
our most vulnerable Americans, restoring and increasing funding for the
Section 811 and Section 202 programs for the elderly and the disabled.
The bill provides $85 million in vouchers to get homeless veterans off
the streets and it increases funding for Homeless Assistance Block
Grants, which provide permanent and transitional housing for homeless
families and individuals.
In addition to these important housing programs, the bill makes
important investments necessary to maintain and expand our nation's
transportation infrastructure which is critical to our continuing
economic recovery efforts. At a time when high unemployment persists,
focusing on investments in our transportation infrastructure is an
essential job-stimulator.
I want to also specifically highlight two rail issues that I
requested the committee to address in the bill: positive train control
and environmental and quality of life concerns along proposed high
speed rail routes.
First, the bill includes funding for positive train control (PTC) to
help prevent railroad collisions. In 2008 the community of Chatsworth
in Los Angeles County suffered a tragic head-on train collision between
a commuter train and freight train. Tragically eleven lives were lost
and dozens more were injured. That awful accident, as well as the
deadly 2009 WMATA collision here in our nation's capital, could have
been prevented had this train control technology already been operating
in both of these rail systems. The funding in the bill will help with
the development of technologies to override human error or mechanical
failure and automatically prevent collisions such as the Chatsworth
crash.
The second rail issue concerns our commitment to protect the
residents along new high speed rail routes. In the rush to build a
national high speed rail system in our country, I believe it absolutely
essential that we ensure careful and thoughtful decisions particularly
as they regard impacts on residential communities. Accordingly, the
committee report includes important language to ensure that the
concerns of poor and minority communities are taken into account in
routing these projects.
Building a high speed rail route along existing transportation
corridors in communities like Los Angeles may minimize the negative
impact to many communities. However, the damage done decades ago to
many poor and minority neighborhoods along those corridors by rail and
interstate system construction may be exacerbated by construction of
the high speed rail system. These communities continue to suffer from
the environmental and health impacts long after their neighborhoods
were dissected by past construction.
The report directs the Federal Railroad Administration (FRA) to
carefully consider the effects of using existing or new transportation
corridors in its analysis of proposed routes. The report also directs
the FRA to identify appropriate mitigation measures particularly to
offset any negative effects identified in regards to minority
populations and low-income populations.
Mr. Chair, I am happy to support passage of this important bill. The
funding included in this legislation is critical to building and
maintaining our transportation infrastructure, creating jobs, and
protecting the housing needs of America's most vulnerable populations.
I urge my colleagues to support this bill.
[[Page H6324]]
Mr. OBERSTAR. Mr. Chair, I rise in strong support of the amendment
offered by the gentleman from Oregon, Mr. DeFazio, which makes $200
million in livable community grants provided by this Act contingent on
an authorization by Congress.
While I support the vast majority of the bill before us today, and I
thank the gentleman from Massachusetts, Mr. Olver, for providing
substantial and much-needed investment in our Federal transportation
programs, I do have concerns with the impact aspects of this Act will
have on surface transportation programs.
Unfortunately, certain aspects of H.R. 5850 would enable the
Administration to continue to avoid engaging with Congress to enact
comprehensive surface transportation authorization legislation.
H.R. 5850 includes some good initiatives in the areas of livable
communities, distracted driving, and funding for transit operating
expenses. These initiatives, however, should be considered in the
context of a comprehensive surface transportation authorization bill.
For the past three years, the Committee on Transportation and
Infrastructure, led by Mr. DeFazio, has conducted a thorough review of
the needs of the nation's surface transportation network. Throughout
this process, it has become clear that there is a broad consensus on
the need to fundamentally transform highway, highway safety, and public
transportation programs to meet the needs of the 21st century surface
transportation network. But changes to these programs must be
considered as part of a holistic rewrite of the entire surface
transportation program, not piecemeal in an annual appropriations bill.
I understand that the Administration has requested the Livable
Communities Initiative be included in the fiscal year 2011 budget for
the Department of Transportation. What I do not understand is why
Congress should agree to this request, thereby allowing the
Administration to obtain the policy changes it desires without ever
having to do the hard work that will be required to enact the next
surface transportation authorization bill.
In effect, H.R. 5850 would let the Administration ``eat its dessert
first'' and then leave the table without ever getting to the meat and
potatoes of what needs to be done to fix our nation's transportation
systems.
Therefore, this amendment would prohibit the use of FHWA's formula
funds under the fiscal year 2011 THUD Act from being used to carry out
FHWA's livable communities initiative until legislation is enacted to
authorize such a program.
Our objection is not to providing grant funding for livable
communities, but rather to the attempt to provide this funding prior to
Congressional authorization.
I am hopeful that the Administration will soon engage in a serious
effort to enact surface transportation authorization legislation.
Enactment of such legislation will be critical to moving forward on new
initiatives such as those proposed by H.R. 5850 to develop the surface
transportation system to meet the needs of the 21st century.
I urge my colleagues to join me in supporting Mr. DeFazio's
amendment.
Mr. GENE GREEN of Texas. Mr. Chair, I rise today in support of H.R.
5850--Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2011. In particular, I am supportive of
the Appropriations Subcommittee on Transportation, Housing and Urban
Development's inclusion of federal funding for the Metropolitan Transit
Authority of Harris County for four projects in the City of Houston as
well as funding much needed improvements to the Lynchburg Ferry
Landings in our area.
The Subcommittee's inclusion of $150 million for the North and
Southeast corridor light rail projects will be tremendously helpful for
the Houston area. These projects involve a combined 11.8 miles of light
rail transit, and will benefit the city by increasing citizen mobility,
improving the city's air quality, and promoting economic development
and job creation. The funding will be used for the final design and
construction of these two corridors, which are part of an overall
system of interrelated projects that make up the Advanced Transit
Program and Metro Solutions Plan. The success of these light rail
projects will facilitate Houston's economic recovery and help the city
further develop and improve its infrastructure.
Additionally, H.R. 5850 includes $700,000 for the North and South
Lynchburg Ferry Landings in Harris County, Precinct Two. These landings
haven't been refurbished or updated in years and these funds will
provide better connectivity between the historical and recreational
sites to increase the number of visitors and provide an economic
stimulus for Ship Channel communities.
I would like to thank the Subcommittee on Transportation, Housing and
Urban Development for recognizing the importance of this assistance to
the Houston area and including them in this bill.
Mr. NADLER of New York. Mr. Chair, I rise in support of the Fiscal
Year 2011 Transportation-HUD Appropriations Act. As we all know, this
is a very tight budget year, but Chairman Olver and the other Members
of the Committee are to be commended for providing increased funding
for critical transportation and housing programs.
Many of my colleagues joined me in requesting increases for Section 8
and the Housing Opportunities for Persons with AIDS program--also known
as HOPWA. I am pleased that this bill increases funding for Section 8
programs by approximately $2 billion. The bill includes $9.4 billion
for project based rental assistance, and $19.4 billion for tenant-based
rental assistance, which should be enough to renew all existing
vouchers covering more than 2 million families. The bill also has $350
million for HOPWA, which is $15 million more than last year and $10
million over the President's request. I thank the Chairman for his
efforts to secure these badly needed resources.
Many Members also joined me in requesting an increase for federal
transit programs so that we can maintain our public transportation
systems in a state of good repair and accommodate increased ridership.
I would like to thank the Chairman for including $11.3 billion for
federal transit programs, which is an increase of over $500 million
from last year. The bill includes increased funding for transit capital
programs as well as $250 million for operating assistance. While I
believe the operating assistance provision could be better, this is a
step in the right direction.
I commend Chairman Olver for his leadership and I thank him for his
continued support for these critical transportation and housing
resources. I look forward to working with him and the rest of my
colleagues to preserve and increase these funding levels as this bill
moves through Congress.
Mr. VAN HOLLEN. Mr. Chair, I rise in strong support of the Department
of Transportation and Housing and Urban Development Appropriations Act
for FY2011. This is a jobs bill and it is an economic development bill.
It is about rebuilding our infrastructure and revitalizing our
communities.
The transportation construction industry has been hard hit with this
recession, as states tighten their belts and delay major projects.
While we need a long-term surface transportation reauthorization,
today's legislation makes vital investments to put people to work
rebuilding communities. It includes $45.2 billion for roads and
highways, and $11.3 billion for public transportation to bring our
infrastructure back to a state of good repair and give Americans
transportation options. It invests in Amtrak and high-speed rail to
move people around the country. These programs create jobs in our
communities.
Today's bill also invests in programs like the Public Housing Capital
Fund and the Community Development Block Grant, which allow communities
to make vital improvements to public housing and spur business
expansion and job creation. The bill includes funding for foreclosure
mitigation and rental assistance to stabilize neighborhoods by keeping
people in their homes. And it supports housing for vulnerable
populations, including homeless veterans, the elderly, and persons with
disabilities.
Finally, this bill contains a vital investment for my constituents
and the entire D.C. metropolitan region--$150 million for the
Washington Metropolitan Area Transit Authority (WMATA). This funding,
authorized by the Passenger Rail Investment and Improvement Act, is
part of a 10-year plan to help WMATA make needed safety improvements
and address its capital maintenance backlog. I thank Chairman Olver and
the Committee for its continued support of WMATA, which serves so many
federal employees and tourists in the District of Columbia.
Mr. Chair, the Transportation and Housing and Urban Development
Appropriations Act is a jobs bill. It puts Americans to work to repair
aging infrastructure, create new transportation options, and revitalize
communities. I urge my colleagues to join me to support these vital
investments.
Ms. BORDALLO. Mr. Chair, I rise in strong support of H.R. 5850 the
Transportation, Housing and Urban Development, and Related Agencies
Appropriation Act for Fiscal Year 2011. The bill provides critical
funding to our infrastructure across the United States and in the
territories. In particular, the bill funds $400 million in a third
round of TIGER grants for investment in significant ``National
Infrastructure Investments.'' I appreciate the Committee's continued
support of this effort and would continue to urge the U.S. Department
of Transportation to obligate these funds towards truly innovative
projects. I would also urge the Department of Transportation to more
adequately fund port infrastructure projects with TIGER funds.
I also greatly appreciate the Committee's continued commitment to
funding the NextGen modernization program at the Federal Aviation
Administration. In particular, I appreciate the
[[Page H6325]]
Committee's increase of $10.1 million for the Ground-Based Augmentation
System (GBAS). GBAS, also known as Local Area Augmentation-System
(LAAS), is a critical component of the NextGen framework. GBAS provides
very precise terminal arrival, approach and landing operations for
aircraft that have available GPS systems. GBAS conforms to requirements
identified in the FAA NextGen Implementation Plan, the National
Airspace System (NAS) Enterprise Architecture and the Roadmap for
Performance Based Navigation. In short, this system can reduce and
improve landing approaches by our nation's airlines. This will reduce
cost to consumers and reliance on fuel. Of particular importance to
Guam is the portability of the GBAS system. In the event of a
significant natural disaster, the system can be disassembled and
reassembled in a relatively short time. This is important for Guam
because during a typhoon the system can restore precision approach to
the airport more quickly than a traditional instrument landing system
(ILS) and thus allowing restoration of relief services faster than
traditionally possible.
I have worked with the FAA to deploy a system to Guam as a measure of
prudence and in an effort to improve the system's capabilities. The
additional funds provided by the Committee will provide the FAA with
the resources needed to begin the process of identifying additional
locations for GBAS which I believe must include Guam. Again, I want to
thank Chairman Olver for his leadership and support of this effort. I
want to thank Ranking Member Latham and Congressman LaTourette for
their support of this effort as well.
Mr. LATHAM. I yield back the balance of my time.
Mr. OLVER. I yield back the balance of my time.
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill is considered for amendment under the
5-minute rule, and the bill shall be considered as read through page
171, line 17.
The text of that portion of the bill is as follows:
H.R. 5850
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Transportation, and Housing and Urban Development, and
related agencies for the fiscal year ending September 30,
2011, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$111,615,000, of which not to exceed $2,667,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,000,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $19,711,000 shall be
available for the Office of the General Counsel; not to
exceed $12,015,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$11,899,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,530,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $25,695,000
shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $2,240,000 shall be
available for the Office of Public Affairs; not to exceed
$1,683,000 shall be available for the Office of the Executive
Secretariat; not to exceed $1,513,000 shall be available for
the Office of Small and Disadvantaged Business Utilization;
not to exceed $10,999,000 for the Office of Intelligence,
Security, and Emergency Response; and not to exceed
$19,663,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That
no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers:
Provided further, That notice of any change in funding
greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation
within the Department for official reception and
representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there
may be credited to this appropriation up to $2,500,000 in
funds received in user fees: Provided further, That none of
the funds provided in this Act shall be available for the
position of Assistant Secretary for Public Affairs.
livable communities
For necessary expenses for livable communities initiatives,
including coordinating livability and sustainability work
within the Department of Transportation and with the
Environmental Protection Agency and the Department of Housing
and Urban Development; developing performance standards and
metrics; building analytical capacity; and providing grants
and direct technical assistance to State, local, and non-
profit organizations, $20,000,000, to remain available until
September 30, 2013; Provided, That any grants and technical
assistance made available under this heading shall be for
improved performance measurement capabilities, enhanced
ability to perform alternatives analysis, and training and
workshops for personnel.
national infrastructure investment
For capital investments in transportation infrastructure,
$400,000,000, to remain available through September 30, 2013:
Provided, That the Secretary of Transportation shall
distribute funds provided under this heading as discretionary
grants to be awarded to a State, local government, transit
agency, or a collaboration among such entities on a
competitive basis for projects that will have a significant
impact on the Nation, a metropolitan area, or a region:
Provided further, That projects eligible for funding provided
under this heading shall include, but not be limited to,
highway or bridge projects eligible under title 23, United
States Code; public transportation projects eligible under
chapter 53 of title 49, United States Code; passenger and
freight rail transportation projects; and port infrastructure
investments: Provided further, That in distributing funds
provided under this heading, the Secretary shall take such
measures so as to ensure an equitable geographic distribution
of funds, an appropriate balance in addressing the needs of
urban and rural areas, and the investment in a variety of
transportation modes: Provided further, That a grant funded
under this heading shall be not less than $5,000,000 and not
greater than $75,000,000: Provided further, That not more
than 12.5 percent of the funds made available under this
heading may be awarded to projects in a single State:
Provided further, That the Federal share of the costs for
which an expenditure is made under this heading shall be, at
the option of the recipient, up to 80 percent: Provided
further, That the Secretary shall give priority to projects
that require a contribution of Federal funds in order to
complete an overall financing package: Provided further, That
not less than $100,000,000 of the funds provided under this
heading shall be for projects located in rural areas:
Provided further, That for projects located in rural areas,
the minimum grant size shall be $1,000,000 and the Secretary
may increase the Federal share of costs above 80 percent:
Provided further, That of the amount made available under
this heading, the Secretary may use an amount not to exceed
$60,000,000 for the purpose of paying the subsidy and
administrative costs of projects eligible for federal credit
assistance under chapter 6 of title 23, United States Code,
if the Secretary finds that such use of the funds would
advance the purposes of this paragraph: Provided further,
That the Secretary may use up to ten percent of the funds
provided under this heading to fund the costs of equipping
aircraft with communications, surveillance, navigation and
other avionics to conduct a demonstration of NextGen air
traffic control capabilities through grants or other
authorities available under section 106(l)(6) of title 49,
United States Code: Provided further, That of the amount made
available under this heading, the Secretary may use an amount
not to exceed $20,000,000 for the planning, preparation or
design of projects eligible for funding under this heading:
Provided further, That projects conducted using funds
provided under this heading must comply with the requirements
of subchapter IV of chapter 31 of title 40, United States
Code: Provided further, That the Secretary shall publish
criteria on which to base the competition for any grants
awarded under this heading no sooner than 60 days after
enactment of this Act, require applications for funding
provided under this heading to be submitted no sooner than
120 days after the publication of such criteria, and announce
all projects selected to be funded from funds provided under
this heading no sooner than September 15, 2011: Provided
further, That the Secretary may retain up to $16,000,000 of
the funds provided under this heading, and may transfer
portions of those funds to the Administrators of the Federal
Highway Administration, the Federal Transit Administration,
the Federal Railroad Administration, the Federal Aviation
Administration, and the Federal Maritime Administration, to
fund the award and oversight of grants made under this
heading.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $18,500,000, to remain
available until expended.
cyber security initiatives
For necessary one-time expenses for cyber security
initiatives, including improvement of network perimeter
controls and identity management, testing and assessment of
information technology against business, security, and other
requirements, implementation of federal cyber security
initiatives and information infrastructure enhancements,
implementation of enhanced security controls on network
devices, and enhancement of cyber security workforce training
tools, $28,188,000, to remain available until expended.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,767,000.
[[Page H6326]]
transportation planning, research, and development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $9,819,000.
working capital fund
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$148,096,000, shall be paid from appropriations made
available to the Department of Transportation: Provided, That
such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided
further, That the above limitation on operating expenses
shall not apply to non-DOT entities: Provided further, That
no funds appropriated in this Act to an agency of the
Department shall be transferred to the Working Capital Fund
without the approval of the agency modal administrator:
Provided further, That no assessments may be levied against
any program, budget activity, subactivity or project funded
by this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
minority business resource center program
For the cost of guaranteed loans, $329,000, as authorized
by 49 U.S.C. 332: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $18,367,000. In addition, for administrative expenses
to carry out the guaranteed loan program, $584,000.
minority business outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $3,395,000, to remain available until
September 30, 2012: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities
related to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
(including transfer of funds)
In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, $146,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until
expended: Provided, That, in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of
the carriers: Provided further, That, if the funds under this
heading are insufficient to meet the costs of the essential
air service program in the current fiscal year, the Secretary
shall transfer such sums as may be necessary to carry out the
essential air service program from any available amounts
appropriated to or directly administered by the Office of the
Secretary for such fiscal year.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. None of the funds made available under this Act
may be obligated or expended to establish or implement a
program under which essential air service communities are
required to assume subsidy costs commonly referred to as the
EAS local participation program.
Sec. 103. The Secretary or his designee may engage in
activities with States and State legislators to consider
proposals related to the reduction of motorcycle fatalities.
Sec. 104. (a) Prior to awarding any grants under the
National Infrastructure Investments program, the Secretary of
Transportation shall post on the Department of Transportation
website any request or application for funding received by
the Department for projects from the program. Such post shall
include a copy of any such request or application and all
project data and supplemental materials provided by the
entity seeking such grant.
(b) No later than 5 days after the announcing of grant
awards, the Secretary shall post on the Department of
Transportation website a complete description and accounting
of what criteria, both qualitative and quantitative, was used
in the selection of the grants under the program.
(c) The Office of Inspector General of the Department of
Transportation shall audit and review 10 percent of grant
recipients under the National Infrastructure Investments
program to ensure that funds issued under such program are
used appropriately and within the scope of the grant awarded.
Federal Aviation Administration
operations
(airport and airway trust fund)
(including transfer of funds)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made
available by Public Law 108-176, $9,793,000,000, of which
$3,900,000,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $7,630,628,000 shall be
available for air traffic organization activities; not to
exceed $1,304,486,000 shall be available for aviation safety
activities; not to exceed $16,747,000 shall be available for
commercial space transportation activities; not to exceed
$114,784,000 shall be available for financial services
activities; not to exceed $103,297,000 shall be available for
human resources program activities; not to exceed
$361,354,000 shall be available for region and center
operations and regional coordination activities; not to
exceed $208,994,000 shall be available for staff offices; and
not to exceed $53,360,000 shall be available for information
services: Provided, That the Secretary utilize not less than
$17,000,000 of the funds provided for aviation safety
activities to pay for staff increases in the Office of
Aviation Flight Standards and the Office of Aircraft
Certification: Provided further, That none of the funds
provided for increases to the staffs of the aviation flight
standards and aircraft certification offices shall be used
for other purposes: Provided further, That not to exceed 2
percent of any budget activity, except for aviation safety
budget activity, may be transferred to any budget activity
under this heading: Provided further, That no transfer may
increase or decrease any appropriation by more than 2
percent: Provided further, That any transfer in excess of 2
percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
not later than March 31 of each fiscal year hereafter, the
Administrator of the Federal Aviation Administration shall
transmit to Congress an annual update to the report submitted
to Congress in December 2004 pursuant to section 221 of
Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after
March 31 that such report has not been submitted to the
Congress: Provided further, That not later than March 31 of
each fiscal year hereafter, the Administrator shall transmit
to Congress a companion report that describes a comprehensive
strategy for staffing, hiring, and training flight standards
and aircraft certification staff in a format similar to the
one utilized for the controller staffing plan, including
stated attrition estimates and numerical hiring goals by
fiscal year: Provided further, That the amount herein
appropriated shall be reduced by $100,000 per day for each
day after March 31 that such report has not been submitted to
Congress: Provided further, That funds may be used to enter
into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation as offsetting collections funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources, including funds from
fees authorized under Chapter 453 of title 49, United States
Code, other than those authorized by section 45301(a)(1) of
that title, which shall be available for expenses incurred in
the provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and
for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $9,500,000
shall be for the contract tower cost-sharing program:
Provided further, That none of the funds in this Act for
aeronautical charting and cartography are available for
activities conducted by, or coordinated through, the Working
Capital Fund.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for
[[Page H6327]]
officers and employees of the Federal Aviation Administration
stationed at remote localities where such accommodations are
not available; and the purchase, lease, or transfer of
aircraft from funds available under this heading, including
aircraft for aviation regulation and certification; to be
derived from the Airport and Airway Trust Fund,
$3,000,000,000, of which $2,508,000,000 shall remain
available until September 30, 2013, and of which $492,000,000
shall remain available until September 30, 2011: Provided,
That there may be credited to this appropriation funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of National
Airspace Systems: Provided further, That upon initial
submission to the Congress of the fiscal year 2012
President's budget, the Secretary of Transportation shall
transmit to the Congress a comprehensive capital investment
plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2012
through 2016, with total funding for each year of the plan
constrained to the funding targets for those years as
estimated and approved by the Office of Management and
Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$198,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2013:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,550,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,515,000,000 in fiscal year 2011,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding any other provision of law, of funds limited
under this heading, not more than $99,622,000 shall be
obligated for administration, not less than $15,000,000 shall
be available for the airport cooperative research program,
not less than $27,217,000 shall be for Airport Technology
Research.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2011.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds in
this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303: Provided, That during fiscal year 2011, 49
U.S.C. 41742(b) shall not apply, and any amount remaining in
such account at the close of that fiscal year may be made
available to satisfy section 41742(a)(1) for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such
appropriation.
Sec. 114. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 115. None of the funds limited by this Act for grants
under the Airport Improvement Program shall be made available
to the sponsor of a commercial service airport if such
sponsor fails to agree to a request from the Secretary of
Transportation for cost-free space in a non-revenue
producing, public use area of the airport terminal or other
airport facilities for the purpose of carrying out a public
service air passenger rights and consumer outreach campaign.
Sec. 116. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 117. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Federal Highway Administration
limitation on administrative expenses
(including transfer of funds)
Not to exceed $428,843,000, together with advances and
reimbursements received by the Federal Highway
Administration, shall be paid in accordance with law from
appropriations made available by this Act to the Federal
Highway Administration for necessary expenses for
administration and operation: Provided, That of the funds
made available under this heading, not less than $8,000,000
shall be for renovations and upgrades to the fiscal
management information system, except that such funds may not
be obligated for such purpose until the Secretary of
Transportation submits to the House and Senate Committees on
Appropriations a plan that identifies the full cost of the
upgrades needed and a timeline for completion. In addition,
not to exceed $3,300,000 shall be paid from appropriations
made available by this Act and transferred to the Appalachian
Regional Commission in accordance with section 104 of title
23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $45,217,700,000 for Federal-aid
highways and highway safety construction programs for fiscal
year 2011: Provided, That within the $45,217,700,000
obligation limitation on Federal-aid highways and highway
safety construction programs, not more than $429,800,000
shall be available for the implementation or execution of
programs for transportation research (chapter 5 of title 23,
United States Code; sections 111, 5505, and 5506 of title 49,
United States Code; and title 5 of Public Law 109-59) for
fiscal year 2011: Provided further, That this limitation on
transportation research programs shall not apply to any
authority previously made available for obligation: Provided
further, That the Secretary may, as authorized by section
605(b) of title 23, United States Code, collect and spend
fees to cover the costs of services of expert firms,
including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs
to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available
until expended to pay for such costs: Provided further, That
such amounts are in addition to administrative expenses that
are also available for such purpose, and are not subject to
any obligation limitation or the limitation on administrative
expenses under section 608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For carrying out the provisions of title 23, United States
Code, that are attributable to Federal-aid highways, not
otherwise provided, including reimbursement for sums expended
pursuant to the provisions of 23 U.S.C. 308, $45,956,700,000
or so much thereof as may be available in and derived from
the Highway Trust Fund (other than the Mass Transit Account),
to remain available until expended.
administrative provisions--federal highway administration
(including rescissions)
Sec. 120. (a) For fiscal year 2011, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United
States Code; programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States
Code (as in effect on the date before the date of enactment
of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users); the highway use tax evasion
program; and the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways
[[Page H6328]]
that is equal to the unobligated balance of amounts made
available from the Highway Trust Fund (other than the Mass
Transit Account) for Federal-aid highways and highway safety
programs for previous fiscal years the funds for which are
allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated for
Federal-aid highways and highway safety construction programs
(other than sums authorized to be appropriated for provisions
of law described in paragraphs (1) through (9) of subsection
(b) and sums authorized to be appropriated for section 105 of
title 23, United States Code, equal to the amount referred to
in subsection (b)(10) for such fiscal year), less the
aggregate of the amounts not distributed under paragraphs (1)
and (2) of this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users; sections 117 (but
individually for each project numbered 1 through 3676 listed
in the table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users) and section 144(g) of title 23, United
States Code; and section 14501 of title 40, United States
Code, so that the amount of obligation authority available
for each of such sections is equal to the amount determined
by multiplying the ratio determined under paragraph (3) by
the sums authorized to be appropriated for that section for
the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4), for each of the programs
that are allocated by the Secretary under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users and title 23, United States Code (other than
to programs to which paragraphs (1) and (4) apply), by
multiplying the ratio determined under paragraph (3) by the
amounts authorized to be appropriated for each such program
for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5), for Federal-aid
highways and highway safety construction programs (other than
the amounts apportioned for the equity bonus program, but
only to the extent that the amounts apportioned for the
equity bonus program for the fiscal year are greater than
$2,639,000,000, and the Appalachian development highway
system program) that are apportioned by the Secretary under
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users and title 23, United States
Code, in the ratio that--
(A) amounts authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear
to
(B) the total of the amounts authorized to be appropriated
for such programs that are apportioned to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations: (1) under section 125 of title 23, United States
Code; (2) under section 147 of the Surface Transportation
Assistance Act of 1978; (3) under section 9 of the Federal-
Aid Highway Act of 1981; (4) under subsections (b) and (j) of
section 131 of the Surface Transportation Assistance Act of
1982; (5) under subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987; (6) under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of 1991; (7)
under section 157 of title 23, United States Code, as in
effect on the day before the date of the enactment of the
Transportation Equity Act for the 21st Century; (8) under
section 105 of title 23, United States Code, as in effect for
fiscal years 1998 through 2004, but only in an amount equal
to $639,000,000 for each of those fiscal years; (9) for
Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for
the 21st Century or subsequent public laws for multiple years
or to remain available until used, but only to the extent
that the obligation authority has not lapsed or been used;
(10) under section 105 of title 23, United States Code, but
only in an amount equal to $639,000,000 for each of fiscal
years 2005 through 2011; and (11) under section 1603 of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users, to the extent that funds obligated
in accordance with that section were not subject to a
limitation on obligations at the time at which the funds were
initially made available for obligation.
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year, revise a distribution of the
obligation limitation made available under subsection (a) if
the amount distributed cannot be obligated during that fiscal
year and redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously
distributed during that fiscal year, giving priority to those
States having large unobligated balances of funds apportioned
under sections 104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--The obligation limitation
shall apply to transportation research programs carried out
under chapter 5 of title 23, United States Code, and title V
(research title) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users,
except that obligation authority made available for such
programs under such limitation shall remain available for a
period of 3 fiscal years and shall be in addition to the
amount of any limitation imposed on obligations for Federal-
aid highway and highway safety construction programs for
future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
the distribution of obligation limitation under subsection
(a), the Secretary shall distribute to the States any funds
that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, in such
fiscal year due to the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purposes described in section
133(b) of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation
limitation distributed for a fiscal year under subsection
(a)(4) for the provision specified in subsection (a)(4)
shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection
(a)(4) for each project numbered 1 through 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section
in the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on
the date on which obligation authority is distributed under
this section for the next fiscal year following obligation
under paragraph (1).
(h) Limitation on Statutory Construction.--Nothing in this
section shall be construed to limit the distribution of
obligation authority under subsection (a)(4)(A) for each of
the individual projects numbered greater than 3676 listed in
the table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to 49
U.S.C. 111 may be credited to the Federal-aid highways
account for the purpose of reimbursing the Bureau for such
expenses: Provided, That such funds shall be subject to the
obligation limitation for Federal-aid highways and highway
safety construction.
Sec. 122. Not less than 15 days prior to waiving, under
his statutory authority, any Buy America requirement for
Federal-aid highway projects, the Secretary of Transportation
shall make an informal public notice and comment opportunity
on the intent to issue such waiver and the reasons therefor:
Provided, That the Secretary shall provide an annual report
to the Appropriations Committees of the Congress on any
waivers granted under the Buy America requirements.
Sec. 123. (a) In General.--Except as provided in subsection
(b), none of the funds made available, limited, or otherwise
affected by this Act shall be used to approve or otherwise
authorize the imposition of any toll on any segment of
highway located on the Federal-aid system in the State of
Texas that--
(1) as of the date of enactment of this Act, is not tolled;
(2) is constructed with Federal assistance provided under
title 23, United States Code; and
(3) is in actual operation as of the date of enactment of
this Act.
(b) Exceptions.--
(1) Number of toll lanes.--Subsection (a) shall not apply
to any segment of highway on the Federal-aid system described
in that subsection that, as of the date on which a toll is
imposed on the segment, will have the same number of non-toll
lanes as were in existence prior to that date.
(2) High-occupancy vehicle lanes.--A high-occupancy vehicle
lane that is converted to a toll lane shall not be subject to
this section, and shall not be considered to be a non-toll
lane for purposes of determining whether a highway will have
fewer non-toll lanes than prior to the date of imposition of
the toll, if--
(A) high-occupancy vehicles occupied by the number of
passengers specified by the entity operating the toll lane
may use the toll
[[Page H6329]]
lane without paying a toll, unless otherwise specified by the
appropriate county, town, municipal or other local government
entity, or public toll road or transit authority; or
(B) each high-occupancy vehicle lane that was converted to
a toll lane was constructed as a temporary lane to be
replaced by a toll lane under a plan approved by the
appropriate county, town, municipal or other local government
entity, or public toll road or transit authority.
Sec. 124. Notwithstanding any other provision of law,
whenever an apportionment is made of the sums authorized to
be appropriated for the Surface Transportation Program, the
Congestion Mitigation and Air Quality Improvement Program,
the National Highway System Program, the Interstate
Maintenance Program, and the Highway Bridge Program, the
Secretary of Transportation shall deduct a sum in such amount
not to exceed a total of $200,000,000 of all sums so
authorized: Provided, That of the amount so deducted in
accordance with this section shall be made available for the
Federal Highway Administration Livable Communities Program:
Provided further, That the Federal share payable on account
of any program, project, or activity carried out with funds
made available under this section shall be determined in
accordance with 23 U.S.C. 120: Provided further, That the
Administrator of the Federal Highway Administration may
retain up to one percent of the funds provided under this
section for administrative expenses: Provided further, That
the sum deducted in accordance with this section shall remain
available until expended: Provided further, That all funds
made available under this section shall be subject to any
limitation on obligations for Federal-aid highways programs
set forth in this Act or any other Act: Provided further,
That the obligation limitation made available for the
programs, projects, and activities for which funds are made
available under this section shall remain available until
used and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway
safety construction programs for future fiscal years:
Provided further, That in apportioning funds for fiscal year
2011 for the equity bonus program under Section 105 of title
23, United States Code, the Secretary shall make any
calculations required to be made under that section as if
this provision had not been enacted.
Sec. 125. (a) In the explanatory statement referenced in
section 186 of title I of division A of Public Law 111-117
(123 Stat. 3070), the item relating to ``Chalk Bluff Road,
Clay County, AR'' in the table of projects under the heading
``Delta Region Transportation Development Program'' is deemed
to be amended by striking ``Chalk Bluff Road, Clay County,
AR'' and inserting ``Cabot North Interchange, AR''.
(b) In the explanatory statement referenced in section 186
of title I of division A of Public Law 111-117 (123 Stat.
3070), the item relating to ``I-480/Tiedeman Road Interchange
Modification, OH'' in the table of projects under the heading
``Interstate Maintenance Discretionary'' is deemed to be
amended by striking ``I-480/Tiedeman Road Interchange
Modification, OH'' and inserting ``Construction and upgrades
at four grade crossings in Olmsted Falls, OH''.
(c) Funds made available for ``Construction of the I-278
Environmental Shield, Queens, NY'' under the heading
``Surface transportation priorities'' in title I of division
A of Public Law 111-117 (123 Stat. 3044) shall be made
available for ``Reconstruction and reconfiguration of the
northbound off-ramp from Interstate 95 to Bartow/Baychester
Avenue, Bronx, NY''.
(d) In the explanatory statement referenced in section 186
of title I of division I of Public Law 111-8 (123 Stat. 947),
the item relating to ``Newton County Rails to Trails By-Pass
Tunnel, GA'' in the table of projects under the heading
``Transportation, Community, and System Preservation
Program'' is deemed to be amended by striking ``Newton County
Rails to Trails By-Pass Tunnel, GA'' and inserting ``Newton
County Eastside High School to County Library Trail, GA''.
Sec. 126. The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1256) is amended--
(a) in item number 1366, by striking the project
description and inserting ``Road and bridge improvements and
storm water mitigation in the Town of Southampton''; and
(b) in item number 2252 by striking the project description
and inserting ``Operational safety studies, final design and/
or construction of intersection operational and safety
improvements for USH 53 between Rice Lake and Superior,
Wisconsin''.
Sec. 127. The table contained in section 1602 of the
Transportation Equity Act for the 21st Century (112 Stat.
257) is amended--
(a) in item number 414 by striking the project description
and inserting ``Engineering, design and construction of the
North Street, Pittsfield, streetscaping project''; and
(b) in item number 815 by striking the project description
and inserting `` Highway 10 relocation, City of Wadena''.
Sec. 128. Of the unobligated balances made available under
Public Law 101-516, Public Law 102-143, Public Law 103-331,
and Public Law 106-346, $33,905,809 are rescinded:
Provided,That in administering the rescission required under
this section, the Secretary of Transportation shall first
consider: (1) projects where the designated purpose has been
completed and the remaining funds are no longer needed to
meet that purpose; and (2) projects with more than 90 percent
of the appropriated amount remaining available for
obligation.
Sec. 129. Of the amounts made available for ``Highway
Related Safety Grants'' by section 402 of title 23, United
States Code, and administered by the Federal Highway
Administration, $3,651 in unobligated balances are rescinded.
Sec. 130. Of the amounts made available under section
104(a) of title 23, United States Code, $1,863,000 are
permanently rescinded.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31104(i) of title
49, United States Code, and sections 4127 and 4134 of Public
Law 109-59, $259,878,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account), together
with advances and reimbursements received by the Federal
Motor Carrier Safety Administration, the sum of which shall
remain available until expended: Provided, That none of the
funds derived from the Highway Trust Fund in this Act shall
be available for the implementation, execution or
administration of programs, the obligations for which are in
excess of $259,878,000, for ``Motor Carrier Safety Operations
and Programs'' of which $8,586,000, to remain available for
obligation until September 30, 2013, is for the research and
technology program and $1,000,000 shall be available for
commercial motor vehicle operator's grants to carry out
section 4134 of Public Law 109-59: Provided further, That
notwithstanding any other provision of law, none of the funds
under this heading for outreach and education shall be
available for transfer.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313
of title 49, United States Code, and sections 4126 and 4128
of Public Law 109-59, $310,070,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and
to remain available until expended: Provided, That none of
the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $310,070,000, for ``Motor Carrier
Safety Grants''; of which $215,070,000 shall be available for
the motor carrier safety assistance program to carry out
sections 31102 and 31104(a) of title 49, United States Code;
$30,000,000 shall be available for the commercial driver's
license improvements program to carry out section 31313 of
title 49, United States Code; $32,000,000 shall be available
for the border enforcement grants program to carry out
section 31107 of title 49, United States Code; $5,000,000
shall be available for the performance and registration
information system management program to carry out sections
31106(b) and 31109 of title 49, United States Code;
$25,000,000 shall be available for the commercial vehicle
information systems and networks deployment program to carry
out section 4126 of Public Law 109-59; and $3,000,000 shall
be available for the safety data improvement program to carry
out section 4128 of Public Law 109-59: Provided further, That
of the funds made available for the motor carrier safety
assistance program, $35,000,000 shall be available for audits
of new entrant motor carriers.
motor carrier safety
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $7,330,000 in unobligated balances are
permanently rescinded.
national motor carrier safety program
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $15,076,000 in unobligated balances are
permanently rescinded.
administrative provision--federal motor carrier safety administration
Sec. 135. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section
350 of Public Law 107-87 and section 6901 of Public Law 110-
28, including that the Secretary submit a report to the House
and Senate Appropriations Committees annually on the safety
and security of transportation into the United States by
Mexico-domiciled motor carriers.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety under
subtitle C of title X of Public Law 109-59 and chapter 301
and part C of subtitle VI of title 49, United States Code,
$148,127,000, of which $10,000,000 shall remain available
through September 30, 2012: Provided, That none of the funds
appropriated by this Act may be
[[Page H6330]]
obligated or expended to plan, finalize, or implement any
rulemaking to add to section 575.104 of title 49 of the Code
of Federal Regulations any requirement pertaining to a
grading standard that is different from the three grading
standards (treadwear, traction, and temperature resistance)
already in effect.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, $110,073,000 to be derived from
the Highway Trust Fund (other than the Mass Transit Account)
and to remain available until expended: Provided, That none
of the funds in this Act shall be available for the planning
or execution of programs the total obligations for which, in
fiscal year 2011, are in excess of $110,073,000 for programs
authorized under 23 U.S.C. 403: Provided further, That within
the $110,073,000 obligation limitation for operations and
research, $10,000,000 shall remain available until September
30, 2012 and shall be in addition to the amount of any
limitation imposed on obligations for future years.
national driver register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter
303 of title 49, United States Code, $4,170,000, to be
derived from the Highway Trust Fund (other than the Mass
Transit Account) and to remain available until expended:
Provided, That none of the funds in this Act shall be
available for the implementation or execution of programs the
total obligations for which, in fiscal year 2011, are in
excess of $4,170,000 for the National Driver Register
authorized under such chapter.
national driver register modernization
For an additional amount for the ``National Driver
Register''as authorized by chapter 303 of title 49, United
States Code, $2,530,000, to remain available through
September 30, 2012: Provided, That the funding made available
under this heading shall be used to continue the
modernization of the National Driver Register.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and
sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-
59, to remain available until expended, $626,328,000 to be
derived from the Highway Trust Fund (other than the Mass
Transit Account): Provided, That none of the funds in this
Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year
2011, are in excess of $626,328,000 for programs authorized
under 23 U.S.C. 402, 405, 406, 408, and 410 and sections
2001(a)(11), 2009, 2010, and 2011 of Public Law 109-59, of
which $235,000,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant
Protection Incentive Grants'' under 23 U.S.C. 405;
$124,500,000 shall be for ``Safety Belt Performance Grants''
under 23 U.S.C. 406, and such obligation limitation shall
remain available until September 30, 2012 in accordance with
subsection (f) of such section 406 and shall be in addition
to the amount of any limitation imposed on obligations for
such grants for future fiscal years, of which up to
$50,000,000 may be made available by the Secretary as grants
to States that enact and enforce laws to prevent distracted
driving; $34,500,000 shall be for ``State Traffic Safety
Information System Improvements'' under 23 U.S.C. 408;
$139,000,000 shall be for ``Alcohol-Impaired Driving
Countermeasures Incentive Grant Program'' under 23 U.S.C.
410; $25,328,000 shall be for ``Administrative Expenses''
under section 2001(a)(11) of Public Law 109-59; $29,000,000
shall be for ``High Visibility Enforcement Program'' under
section 2009 of Public Law 109-59; $7,000,000 shall be for
``Motorcyclist Safety'' under section 2010 of Public Law 109-
59; and $7,000,000 shall be for ``Child Safety and Child
Booster Seat Safety Incentive Grants'' under section 2011 of
Public Law 109-59: Provided further, That of the funds made
available for grants to States that enact and enforce laws to
prevent distracted driving, up to $5,000,000 may be available
for the development, production, and use of broadcast and
print media advertising for distracted driving prevention:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for section 410
``Alcohol-Impaired Driving Countermeasures Grants'' shall be
available for technical assistance to the States: Provided
further, That not to exceed $750,000 of the funds made
available for the ``High Visibility Enforcement Program''
shall be available for the evaluation required under section
2009(f) of Public Law 109-59.
administrative provisions--national highway traffic safety
administration
(including rescission)
Sec. 140. Notwithstanding any other provision of law or
limitation on the use of funds made available under section
403 of title 23, United States Code, an additional $130,000
shall be made available to the National Highway Traffic
Safety Administration, out of the amount limited for section
402 of title 23, United States Code, to pay for travel and
related expenses for State management reviews and to pay for
core competency development training and related expenses for
highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws for
multiple years but only to the extent that the obligation
authority has not lapsed or been used.
Sec. 142. Of the amounts made available under the heading
``Highway Traffic Safety Grants (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)'' in prior appropriations Acts, $7,907,000 in
unobligated balances are permanently rescinded.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $203,348,000, of
which $5,492,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $40,000,000, to remain available until expended.
railroad safety technology program
For necessary expenses of carrying out section 20158 of
title 49, United States Code, $75,000,000, to remain
available until expended: Provided, That to be eligible for
assistance under this heading, an entity need not have
developed plans required under subsection 20156(e)(2) of
title 49, United States Code, and section 20157 of such
title.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue to
the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, in such amounts and at such times as may be
necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under
sections 511 through 513 of such Act, such authority to exist
as long as any such guaranteed obligation is outstanding:
Provided, That pursuant to section 502 of such Act, as
amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium
during fiscal year 2011.
capital assistance for high speed rail corridors and intercity
passenger rail service
To enable the Secretary of Transportation to make grants
for high-speed rail projects as authorized under section
26106 of title 49, United States Code, capital investment
grants to support intercity passenger rail service as
authorized under section 24406 of title 49, United States
Code, and congestion grants as authorized under section 24105
of title 49, United States Code, and to enter into
cooperative agreements for these purposes as authorized,
$1,400,000,000, to remain available until expended: Provided,
That up to $50,000,000 of funds provided under this paragraph
are available to the Administrator of the Federal Railroad
Administration to fund the award and oversight by the
Administrator of grants and cooperative agreements for
intercity and high-speed rail: Provided further, That up to
$30,000,000 of the funds provided under this paragraph are
available to the Administrator for the purposes of conducting
research and demonstrating technologies supporting the
development of high-speed rail in the United States,
including the demonstration of next-generation rolling stock
fleet technology and the implementation of the Rail
Cooperative Research Program authorized by section 24910 of
title 49, United States Code: Provided further, That up to
$50,000,000 of the funds provided under this paragraph may be
used for planning activities that lead directly to the
development of a passenger rail corridor investment plan
consistent with the requirements established by the
Administrator or a state rail plan consistent with chapter
227 of title 49, United States Code: Provided further, That
the Secretary may retain a portion of the funds made
available for planning activities under the previous proviso
to facilitate the preparation of a service development plan
and related environmental impact statement for high-speed
corridors located in multiple States: Provided further, That
the Secretary shall issue interim guidance to applicants
covering application procedures and administer the grants
provided under this heading pursuant to that guidance until
final regulations are issued: Provided further, That not less
than 85 percent of the funds provided under this heading
shall be for cooperative agreements that lead to the
development of entire segments or phases of intercity or
high-speed rail corridors: Provided further, That at least 30
days prior to issuing a letter of intent or cooperative
agreement pursuant to Section 24402(f) of title 49, United
States Code, for a major corridor development program, the
Secretary shall provide to the House and Senate Committees on
Appropriations written notification consisting of a business
and public investment
[[Page H6331]]
case for the proposed corridor program which shall include: a
comprehensive analysis of the monetary and non-monetary costs
and benefits of the corridor development program; an
assessment of ridership, passenger travel time reductions,
congestion relief benefits, environmental benefits, economic
benefits, and other public benefits; operating financial
forecasts for the program; a full capital cost estimation for
the entire project, including the amount, source and security
of non-Federal funds to complete the project; a summary of
the grants management plan and an evaluation of the grantee's
ability to sustain the project: Provided further, That the
Federal share payable of the costs for which a grant or
cooperative agreements is made under this heading shall not
exceed 80 percent: Provided further, That in addition to the
provisions of title 49, United States Code, that apply to
each of the individual programs funded under this heading,
subsections 24402(a)(2), 24402(f), 24402(i), and 24403(a) and
(c) of title 49, United States Code, shall also apply to the
provision of funds provided under this heading: Provided
further, That a project need not be in a State rail plan
developed under Chapter 227 of title 49, United States Code,
to be eligible for assistance under this heading: Provided
further, That recipients of grants under this paragraph shall
conduct all procurement transactions using such grant funds
in a manner that provides full and open competition, as
determined by the Secretary, in compliance with existing
labor agreements.
operating grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for the
operation of intercity passenger rail, as authorized by
section 101 of the Passenger Rail Investment and Improvement
Act of 2008 (division B of Public Law 110-432), $563,000,000,
to remain available until expended: Provided, That each grant
request shall be accompanied by a detailed financial
analysis, revenue projection, and capital expenditure
projection justifying the Federal support to the Secretary's
satisfaction: Provided further, That concurrent with the
President's budget request for fiscal year 2012, the
Corporation shall submit to the House and Senate Committees
on Appropriations a budget request for fiscal year 2012 in
similar format and substance to those submitted by executive
agencies of the Federal Government.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for capital
investments as authorized by section 101(c) and 219(b) of the
Passenger Rail Investment and Improvement Act of 2008
(division B of Public Law 110-432), $1,203,500,000 to remain
available until expended, of which not to exceed $305,000,000
shall be for debt service obligations as authorized by
section 102 of such Act: Provided, That after an initial
distribution of up to $200,000,000 which shall be used by the
Corporation as a working capital account, all remaining funds
shall be provided to the Corporation only on a reimbursable
basis: Provided further, That the Secretary may retain up to
one-half of 1 percent of the funds provided under this
heading to fund the costs of project management oversight of
capital projects funded by grants provided under this
heading, as authorized by subsection 101(d) of division B of
Public Law 110-432: Provided further, That the Secretary
shall approve funding for capital expenditures, including
advance purchase orders of materials, for the Corporation
only after receiving and reviewing a grant request for each
specific capital project justifying the Federal support to
the Secretary's satisfaction: Provided further, That none of
the funds under this heading may be used to subsidize
operating losses of the Corporation: Provided further, That
none of the funds under this heading may be used for capital
projects not approved by the Secretary of Transportation or
on the Corporation's fiscal year 2010 business plan: Provided
further, That in addition to the project management oversight
funds authorized under section 101(d) of division B of Public
Law 110-432, the Secretary may retain up to an additional
one-half of one percent of the funds provided under this
heading to fund expenses associated with implementing section
212 of division B of Public Law 110-432, including the
amendments made by section 212 to section 24905 of title 49,
United States Code, and other mandates of Division B of
Public Law 110-432.
administrative provisions--federal railroad administration
Sec. 150. Hereafter, notwithstanding any other provision
of law, funds provided in this Act for the National Railroad
Passenger Corporation shall immediately cease to be available
to said Corporation in the event that the Corporation
contracts to have services provided at or from any location
outside the United States. For purposes of this section, the
word ``services'' shall mean any service that was, as of July
1, 2006, performed by a full-time or part-time Amtrak
employee whose base of employment is located within the
United States.
Sec. 151. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar
items, from non-United States Government sources to repair
damages to or replace United States Government owned
automated track inspection cars and equipment as a result of
third party liability for such damages, and any amounts
collected under this section shall be credited directly to
the Safety and Operations account of the Federal Railroad
Administration, and shall remain available until expended for
the repair, operation and maintenance of automated track
inspection cars and equipment in connection with the
automated track inspection program.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $106,559,000: Provided,That for
an additional amount to carry out public transportation fixed
guideway safety oversight activities, $24,139,000, if
legislation authorizing such activities is enacted into law
prior to September 30, 2011: Provided further, That of the
funds available under this heading, not to exceed $2,200,000
shall be available for travel: Provided further, That none of
the funds provided or limited in this Act may be used to
create a permanent office of transit security under this
heading: Provided further, That upon submission to the
Congress of the fiscal year 2012 President's budget, the
Secretary of Transportation shall transmit to Congress the
annual report on new starts, including proposed allocations
of funds for fiscal year 2012.
formula and bus grants
(liquidation of contract authority)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of
Public Law 105-178, as amended, $9,200,000,000 to be derived
from the Mass Transit Account of the Highway Trust Fund and
to remain available until expended: Provided, That funds
available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310,
5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038
of Public Law 105-178, as amended, shall not exceed total
obligations of $8,961,348,000 in fiscal year 2011: Provided
further, That of the amounts made available under this
heading, $250,000,000 shall be available for the Secretary of
Transportation to make grants for the operating costs of
equipment and facilities for use in public transportation, if
legislation authorizing such activities is enacted into law
prior to September 30, 2011: Provided further, That eligible
recipients under the previous proviso shall include States
and designated recipients that receive funding under sections
5307 and 5311 of title 49, United States Code.
research and university research centers
For necessary expenses to carry out 49 U.S.C. 5306, 5312-
5315, 5322, and 5506, $65,376,000, to remain available until
expended: Provided, That $10,000,000 is available to carry
out the transit cooperative research program under section
5313 of title 49, United States Code, $4,300,000 is available
for the National Transit Institute under section 5315 of
title 49, United States Code, and $7,000,000 is available for
university transportation centers program under section 5506
of title 49, United States Code: Provided further, That
$44,076,000 is available to carry out national research
programs under sections 5312, 5313, 5314, and 5322 of title
49, United States Code.
capital investment grants
For necessary expenses to carry out section 5309 of title
49, United States Code, $2,000,000,000, to remain available
until expended.
washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary shall approve grants
for capital and preventive maintenance expenditures for the
Washington Metropolitan Area Transit Authority only after
receiving and reviewing a request for each specific project:
Provided further, That prior to approving such grants, the
Secretary shall determine that the Washington Metropolitan
Area Transit Authority has placed the highest priority on
those investments that will improve the safety of the system.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under ``Federal
Transit Administration, Capital Investment Grants'' and for
bus and bus facilities under ``Federal Transit
Administration, Formula and Bus Grants'' for projects
specified in this Act or identified in reports accompanying
this Act not obligated by September 30, 2013, and other
recoveries, shall be directed to projects eligible to use the
funds for the purposes for which they were originally
provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2010, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the
[[Page H6332]]
most recent appropriation heading for any such section.
Sec. 163. Notwithstanding any other provision of law,
unobligated funds made available for new fixed guideway
system projects under the heading ``Federal Transit
Administration, Capital investment grants'' in any
appropriations Act prior to this Act may be used during this
fiscal year to satisfy expenses incurred for such projects.
Sec. 164. Notwithstanding any other provision of law,
unobligated funds or recoveries under section 5309 of title
49, United States Code, that are available to the Secretary
of Transportation for reallocation shall be directed to
projects eligible to use the funds for the purposes for which
they were originally provided.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be necessary in carrying out the
programs set forth in the Corporation's budget for the
current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses for operations, maintenance, and
capital asset renewal of those portions of the Saint Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence
Seaway Development Corporation, $33,868,000, to be derived
from the Harbor Maintenance Trust Fund, pursuant to Public
Law 99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $174,000,000, to remain available until
expended.
operations and training
For necessary expenses of operations and training
activities authorized by law, $169,353,000, of which
$11,240,000 shall remain available until expended for
maintenance and repair of training ships at State Maritime
Academies, and of which $30,900,000 shall remain available
until expended for capital improvements at the United States
Merchant Marine Academy, and of which $63,120,000 shall be
available for operations at the United States Merchant Marine
Academy, and of which $6,000,000 shall be available until
expended for the Secretary's reimbursement of overcharged
midshipmen fees: Provided, That the Secretary, through such
structure and administration as the Secretary establishes,
shall reimburse current and former midshipmen of United
States Merchant Marine Academy in such amounts as the
Secretary determines, in his sole discretion, to be
appropriate to address claims regarding the overcharging of
midshipman fees, pertaining first to academic years 2003/2004
through 2008/2009, and then pertaining to earlier academic
years to the extent that the Secretary determines to be
appropriate and subject to the amounts specifically
appropriated herein for such reimbursements: Provided
further, That amounts apportioned for the United States
Merchant Marine Academy shall be available only upon
allotments made personally by the Secretary of Transportation
or the Assistant Secretary for Budget and Programs: Provided
further, That the Superintendent, Deputy Superintendent and
the Director of the Office of Resource Management of the
United States Merchant Marine Academy may not be allotment
holders for the United States Merchant Marine Academy, and
the Administrator of Maritime Administration shall hold all
allotments made by the Secretary of Transportation or the
Assistant Secretary for Budget and Programs under the
previous proviso: Provided further, That 50 percent of the
funding made available for the United States Merchant Marine
Academy under this heading shall be available only after the
Secretary, in consultation with the Superintendent and the
Maritime Administration, completes a plan detailing by
program or activity and by object class how such funding will
be expended at the Academy, and this plan is submitted to the
House and Senate Committees on Appropriations.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $10,000,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For necessary administrative expenses of the maritime
guaranteed loan program, $3,688,000 shall be paid to the
appropriation for ``Operations and Training'', Maritime
Administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish
utilities and services and make necessary repairs in
connection with any lease, contract, or occupancy involving
Government property under control of the Maritime
Administration, and payments received therefor shall be
credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease,
contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
(pipeline safety fund)
(including transfer of funds)
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $22,383,000, of
which $639,000 shall be derived from the Pipeline Safety
Fund: Provided, That $1,000,000 shall be transferred to
``Pipeline Safety'' in order to fund ``Pipeline Safety
Information Grants to Communities'' as authorized under
section 60130 of title 49, United States Code.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $40,434,000, of which $1,707,000 shall
remain available until September 30, 2013: Provided, That up
to $800,000 in fees collected under 49 U.S.C. 5108(g) shall
be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $111,111,000, of which $18,905,000
shall be derived from the Oil Spill Liability Trust Fund and
shall remain available until September 30, 2013; and of which
$92,206,000 shall be derived from the Pipeline Safety Fund,
of which $51,206,000 shall remain available until September
30, 2013: Provided, That not less than $1,053,000 of the
funds provided under this heading shall be for the one-call
State grant program.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b),
$188,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2012: Provided, That
not more than $28,318,000 shall be made available for
obligation in fiscal year 2011 from amounts made available by
49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That
none of the funds made available by 49 U.S.C. 5116(i),
5128(b), or 5128(c) shall be made available for obligation by
individuals other than the Secretary of Transportation, or
his designee.
Research and Innovative Technology Administration
research and development
For necessary expenses of the Research and Innovative
Technology Administration, $18,900,000, of which $11,765,000
shall remain available until September 30, 2013: Provided,
That there may be credited to this appropriation, to be
available until expended, funds received from States,
counties, municipalities, other public authorities, and
private sources for expenses incurred for training.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $86,406,000, of which $285,000 shall be
derived from the Highway Trust Fund (other than the Mass
Transit Account) for costs associated with the annual audits
of the Highway Trust Fund financial statements in accordance
with section 104(i) of title 23, United States Code, and
section 3521 of title 31, United States Code: Provided, That
the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General
Act, as amended (5 U.S.C. App. 3), to investigate allegations
of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to
regulation by the Department: Provided further, That the
funds made available under this heading may be used to
investigate, pursuant to section 41712 of title 49, United
States Code: (1) unfair or deceptive practices and unfair
methods of competition by domestic and foreign air carriers
and ticket agents; and (2) the compliance of domestic and
foreign air carriers with respect to item (1) of this
proviso.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $31,249,000:
Provided, That notwithstanding any other provision of
[[Page H6333]]
law, not to exceed $1,250,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2011, to result in a final appropriation from the
general fund estimated at no more than $29,999,000.
General Provisions--department of Transportation
Sec. 180. During the current fiscal year applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 183. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Sec. 184. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
Sec. 185. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training may be credited
respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit
Administration's ``Research and University Research Centers''
account, and to the Federal Railroad Administration's
``Safety and Operations'' account, except for State rail
safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 186. Funds provided or limited in this Act under the
appropriate accounts within the Federal Highway
Administration, the Federal Railroad Administration and the
Federal Transit Administration shall be for the eligible
programs, projects and activities in the corresponding
amounts identified in the committee report accompanying this
Act for ``Ferry Boats and Ferry Terminal Facilities'',
``Federal Lands'', ``Interstate Maintenance Discretionary'',
``Transportation, Community and System Preservation
Program'', ``Delta Region Transportation Development
Program'', ``Rail Line Relocation and Improvement Program'',
``Rail-highway crossing hazard eliminations'', ``Capital
Investment Grants'', ``Alternatives analysis'', and ``Bus and
bus facilities''.
Sec. 187. Notwithstanding any other provisions of law,
rule or regulation, the Secretary of Transportation is
authorized to allow the issuer of any preferred stock
heretofore sold to the Department to redeem or repurchase
such stock upon the payment to the Department of an amount
determined by the Secretary.
Sec. 188. None of the funds in this Act to the Department
of Transportation may be used to make a grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business
days before any discretionary grant award, letter of intent,
or full funding grant agreement totaling $1,000,000 or more
is announced by the department or its modal administrations
from: (1) any discretionary grant program of the Federal
Highway Administration including the emergency relief
program; (2) the airport improvement program of the Federal
Aviation Administration; (3) any grant from the Federal
Railroad Administration; or (4) any program of the Federal
Transit Administration other than the formula grants and
fixed guideway modernization programs: Provided, That the
Secretary gives concurrent notification to the House and
Senate Committees on Appropriations for any ``quick release''
of funds from the emergency relief program: Provided further,
That no notification shall involve funds that are not
available for obligation.
Sec. 189. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 190. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts: Provided
further, That prior to the transfer of any such recovery to
an appropriations account, the Secretary shall notify to the
House and Senate Committees on Appropriations of the amount
and reasons for such transfer: Provided further, That for
purposes of this section, the term ``improper payments'', has
the same meaning as that provided in section 2(d)(2) of
Public Law 107-300.
Sec. 191. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations, said
reprogramming action shall be approved or denied solely by
the Committees on Appropriations: Provided, That the
Secretary may provide notice to other congressional
committees of the action of the Committees on Appropriations
on such reprogramming but not sooner than 30 days following
the date on which the reprogramming action has been approved
or denied by the House and Senate Committees on
Appropriations.
Sec. 192. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board of the Department of Transportation to
charge or collect any filing fee for rate complaints filed
with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under
section 1914 of title 28, United States Code.
Sec. 193. Notwithstanding section 3324 of Title 31, United
States Code, in addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide payments in
advance to vendors that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order 13150 and section 3049 of Public Law
109-59: Provided, that the Department shall include adequate
safeguards in the contract with the vendors to ensure timely
and high quality performance under the contract.
Sec. 194. For an additional amount for the ``Salaries and
Expenses''account, $7,622,655, to increase the Department's
acquisition workforce capacity and capabilities: Provided,
That such funds may be transferred by the Secretary to any
other account in the Department to carry out the purposes
provided herein: Provided further, That such transfer
authority is in addition to any other transfer authority
provided in this Act: Provided further, That such funds shall
be available only to supplement and not to supplant existing
acquisition workforce activities: Provided further, That such
funds shall be available for training, recruitment,
retention, and hiring additional members of the acquisition
workforce as defined by the Office of Federal Procurement
Policy Act, as amended (41 U.S.C. 401 et seq.): Provided
further, That such funds shall be available for information
technology in support of acquisition workforce effectiveness
or for management solutions to improve acquisition
management.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2011''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
Executive Direction
For necessary salaries and expenses for Executive
Direction, $30,265,000, of which not to exceed $7,674,000
shall be available for the immediate Office of the Secretary
and Deputy Secretary; not to exceed $1,706,000 shall be
available for the Office of Hearings and Appeals; not to
exceed $719,000 shall be available for the Office of Small
and Disadvantaged Business Utilization; not to exceed
$999,000 shall be available for the immediate Office of the
Chief Financial Officer; not to exceed $1,503,000 shall be
available for the immediate Office of the General Counsel;
not to exceed $2,709,000 shall be available to the Office of
the Assistant Secretary for Congressional and
Intergovernmental Relations; not to exceed $4,861,000 shall
be available for the Office of the Assistant Secretary for
Public Affairs; not to exceed $2,163,000 shall be available
to the Office of the Assistant Secretary for Public and
Indian Housing; not to exceed $1,755,000 shall be available
to the Office of the Assistant Secretary for Community
Planning and Development; not to exceed $3,565,000 shall be
available to the Office of the Assistant Secretary for
Housing, Federal Housing Commissioner; not to exceed
$1,117,000 shall be available to the Office of
[[Page H6334]]
the Assistant Secretary for Policy Development and Research;
not to exceed $945,000 shall be available to the Office of
the Assistant Secretary for Fair Housing and Equal
Opportunity; and not to exceed $549,000 shall be available to
the Office of the Chief Operating Officer: Provided, That the
Secretary of the Department of Housing and Urban Development
is authorized to transfer funds appropriated for any office
funded under this heading to any other office funded under
this heading following the written notification to the House
and Senate Committees on Appropriations: Provided further,
That no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers:
Provided further, That notice of any change in funding
greater than 5 percent shall be submitted for prior approval
to the House and Senate Committees on Appropriations:
Provided further, That the Secretary shall provide the
Committees on Appropriations quarterly written notification
regarding the status of pending congressional reports:
Provided further, That the Secretary shall provide all signed
reports required by Congress electronically: Provided
further, That not to exceed $25,000 of the amount made
available under this paragraph for the immediate Office of
the Secretary shall be available for official reception and
representation expenses as the Secretary may determine:
Provided Further, That the Secretary shall notify the
Committees on Appropriations one month before any of the
funds made available under this heading may be used for
international travel.
administration, operations and management
For necessary salaries and expenses for administration,
operations and management for the Department of Housing and
Urban Development, $538,552,000, of which not to exceed
$65,049,000 shall be available for the personnel compensation
and benefits of the Office of the Chief Human Capital
Officer; not to exceed $9,122,000 shall be available for the
personnel compensation and benefits of the Office of
Departmental Operations and Coordination; not to exceed
$49,090,000 shall be available for the personnel compensation
and benefits of the Office of Field Policy and Management;
not to exceed $13,861,000 shall be available for the
personnel compensation and benefits of the Office of the
Chief Procurement Officer; not to exceed $33,831,000 shall be
available for the personnel compensation and benefits of the
remaining staff in the Office of the Chief Financial Officer;
not to exceed $86,482,000 shall be available for the
personnel compensation and benefits of the remaining staff in
the Office of the General Counsel; not to exceed $3,115,000
shall be available for the personnel compensation and
benefits of the Office of Departmental Equal Employment
Opportunity; not to exceed $1,316,000 shall be available for
the personnel compensation and benefits for the Center for
Faith-Based and Community Initiatives; not to exceed
$2,887,000 shall be available for the personnel compensation
and benefits for the Office of Sustainability; not to exceed
$4,445,000 shall be available for the personnel compensation
and benefits for the Office of Strategic Planning and
Management; not to exceed $4,875,000 shall be available for
the personnel compensation and benefits for the Office of the
Chief Disaster and Emergency Management Officer; and not to
exceed $264,479,000 shall be available for non-personnel
expenses of the Department of Housing and Urban Development:
Provided, That, funds provided under this heading may be used
for necessary administrative and non-administrative expenses
of the Department of Housing and Urban Development, not
otherwise provided for, including purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; services as authorized by 5
U.S.C. 3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may
be used for advertising and promotional activities that
support the housing mission area: Provided further, That the
Secretary of Housing and Urban Development is authorized to
transfer funds appropriated for any office included in
Administration, Operations and Management to any other office
included in Administration, Operations and Management only
after such transfer has been submitted to, and received prior
written approval by, the House and Senate Committees on
Appropriations: Provided further, That no appropriation for
any office shall be increased or decreased by more than 10
percent by all such transfers. Provided Further,That the
Secretary shall notify the Committees on Appropriations one
month before any of the funds made available under this
heading may be used for international travel.
Personnel Compensation and Benefits
public and indian housing
For necessary personnel compensation and benefits expenses
of the Office of Public and Indian Housing, $197,282,000.
community planning and development
For necessary personnel compensation and benefits expenses
of the Office of Community Planning and Development mission
area, $105,768,000.
housing
For necessary personnel compensation and benefits expenses
of the Office of Housing, $395,917,000.
office of the government national mortgage association
For necessary personnel compensation and benefits expenses
of the Office of the Government National Mortgage
Association, $10,902,000, to be derived from the GNMA
guarantees of mortgage backed securities guaranteed loan
receipt account.
policy development and research
For necessary personnel compensation and benefits expenses
of the Office of Policy Development and Research,
$23,588,000.
fair housing and equal opportunity
For necessary personnel compensation and benefits expenses
of the Office of Fair Housing and Equal Opportunity,
$67,964,000.
office of healthy homes and lead hazard control
For necessary personnel compensation and benefits expenses
of the Office of Healthy Homes and Lead Hazard Control,
$6,762,000.
Public and Indian Housing
tenant-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$15,395,663,000, to remain available until expended, shall be
available on October 1, 2010 (in addition to the
$4,000,000,000 previously appropriated under this heading
that will become available on October 1, 2010), and
$4,000,000,000, to remain available until expended, shall be
available on October 1, 2011: Provided, That of the amounts
made available under this heading are provided as follows:
(1) $17,080,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose vouchers initially funded in fiscal years 2009 and
2010 (such as Family Unification, Veterans Affairs Supportive
Housing Vouchers and Non-elderly Disabled Vouchers):
Provided, That notwithstanding any other provision of law,
from amounts provided under this paragraph and any carryover,
the Secretary for the calendar year 2011 funding cycle shall
provide renewal funding for each public housing agency based
on validated voucher management system (VMS) leasing and cost
data for calendar year 2010 and by applying the most recent
12 months of the Annual Adjustment Factor as established by
the Secretary, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers
under this paragraph including tenant protection, and HOPE VI
vouchers: Provided further, That none of the funds provided
under this paragraph may be used to fund a total number of
unit months under lease which exceeds a public housing
agency's authorized level of units under contract, except for
public housing agencies participating in the Moving to Work
demonstration, which are instead governed by the terms and
conditions of their MTW agreements: Provided further, That
the Secretary shall, to the extent necessary to stay within
the amount specified under this paragraph, pro rate each
public housing agency's allocation otherwise established
pursuant to this paragraph: Provided further, That except as
provided in the following provisos, the entire amount
specified under this paragraph shall be obligated to the
public housing agencies based on the allocation and pro rata
method described above, and the Secretary shall notify public
housing agencies of their annual budget not later than 60
days after enactment of this Act: Provided further, That the
Secretary may extend the 60-day notification period with
prior written approval of the House and Senate Committees on
Appropriations: Provided further, That public housing
agencies participating in the Moving to Work demonstration
shall be funded pursuant to their Moving to Work agreements
and shall be subject to the same pro rata adjustments under
the previous provisos: Provided further, That up to
$150,000,000 shall be available only: (1) to adjust the
allocations for public housing agencies, after application
for an adjustment by a public housing agency that experienced
a significant increase, as determined by the Secretary, in
renewal costs of tenant-based rental assistance resulting
from unforeseen circumstances or from portability under
section 8(r) of the Act; (2) for vouchers that were not in
use during the 12-month period in order to be available to
meet a commitment pursuant to section 8(o)(13) of the Act;
(3) for any increase in the costs associated with deposits to
family self-sufficiency program escrow accounts; (4) for
onetime adjustments of renewal funding for Public Housing
Agencies in receivership with approved fungibility plans for
calendar year 2009 as authorized in Section 11003 of the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110-329); or (5) to
adjust allocations for public housing agencies to prevent
termination of assistance to families receiving assistance
under the disaster voucher program, as authorized by Public
Law 109-148 under the heading ``Tenant-Based Rental
Assistance'': Provided further, That the Secretary shall
allocate amounts under the previous proviso based on need as
determined by the Secretary: Provided further, That of the
amounts made available under this paragraph, up to
$100,000,000 may be transferred to and merged
[[Page H6335]]
with the appropriation for ``Transformation Initiative'';
(2) $125,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), conversion of section 23 projects to
assistance under section 8, the family unification program
under section 8(x) of the Act, relocation of witnesses in
connection with efforts to combat crime in public and
assisted housing pursuant to a request from a law enforcement
or prosecution agency, enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act, HOPE VI vouchers, mandatory and voluntary conversions,
and tenant protection assistance including replacement and
relocation assistance or for project based assistance to
prevent the displacement of unassisted elderly tenants
currently residing in section 202 properties financed between
1959 and 1974 that are refinanced pursuant to Public Law 106-
569, as amended, or under the authority as provided under
this Act: Provided, That the Secretary shall provide
replacement vouchers for all units that were occupied within
the previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds;
(3) $1,851,000,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $50,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional
funds to administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related vouchers,
Veterans Affairs Supportive Housing vouchers, and other
incremental vouchers: Provided, That no less than
$1,741,000,000 of the amount provided in this paragraph shall
be allocated to public housing agencies for the calendar year
2011 funding cycle based on section 8(q) of the Act (and
related Appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276):
Provided further, That if the amounts made available under
this paragraph are insufficient to pay the amounts determined
under the previous proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full
payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading, for fiscal year 2010 and prior fiscal years,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That amounts provided under
this paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities: Provided
further, That $60,000,000 shall be available for family self-
sufficiency coordinators under section 23 of the Act:
Provided further, That amounts provided for family self-
sufficiency coordinators shall be obligated to the public
housing agencies not later than 60 days after enactment of
this Act;
(4) $113,663,183 for renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013) entered into prior to
fiscal year 2007;
(5) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States
Housing Act of 1937: Provided, That the Secretary of Housing
and Urban Development shall make such funding available,
notwithstanding section 204 (competition provision) of this
title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors
as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That the
Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with
the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That assistance
made available under this paragraph shall continue to remain
available for homeless veterans upon turn-over;
(6) Up to $66,000,000 for incremental tenant-based
assistance for eligible families assisted under the Disaster
Housing Assistance Program for Hurricanes Ike and Gustav:
Provided, That these vouchers will not be re-issued when
families leave the program;
(7) $85,000,000 for incremental voucher assistance under
section 8(o) of the United States Housing Act of 1937,
including related administrative expenses, for two
competitive demonstration programs to address the needs of
families and individuals who are homeless or at risk of
homelessness, as defined by the Secretary of Housing and
Urban Development, to be administered by the Department of
Housing and Urban Development in conjunction with the
Department of Health and Human Services and the Department of
Education: Provided, That one demonstration program shall
make funding available to public housing agencies that: (1)
partner with eligible state or local entities responsible for
distributing Temporary Assistance for Needy Families (TANF)
and other health and human services as designated by the
Secretary of the Department of Health and Human Services, and
(2) partner with school homelessness liaisons funded through
the Department of Education's Education for Homeless Children
and Youths program: Provided further, That the other
demonstration program shall make funding available to public
housing agencies that partner with eligible state Medicaid
agencies and state behavioral health entities as designated
by the Secretary of the Department of Health and Human
Services to provide housing in conjunction with Medicaid case
management, substance abuse treatment, and mental health
services: Provided further, That the Secretary of Housing and
Urban Development shall make the funding specified in this
subsection available through such allocation procedures as
the Secretary determines to be appropriate, notwithstanding
section 213 of the Housing and Community Development Act of
1974 (42 U.S.C. 1439) and section 204 (competition provision)
of this title, to entities with demonstrated experience and
that meet such other requirements as determined by the
Secretary: Provided further, That the Secretary of Housing
and Urban Development may waive, or specify alternative
requirements for any provision of any statute or regulation
that the Secretary of Housing and Urban Development
administers in connection with the use of funds made
available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that
any such waivers or alternative requirements are necessary
for the effective delivery and administration of such voucher
assistance: Provided further, That the Secretary shall
publish in the Federal Register any waiver of any statute or
regulation that the Secretary administers pursuant to this
subsection no later than 10 days before the effective date of
such waiver: Provided further, That assistance made available
under this subsection shall continue to remain available for
these purposes upon turn-over.
housing certificate fund
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2011 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be cancelled:
Provided further, That amounts heretofore recaptured, or
recaptured during the current fiscal year, from project-based
Section 8 contracts from source years fiscal year 1975
through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount
rescinded is hereby appropriated, to remain available until
expended, for the purposes set forth under this heading, in
addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'')
$2,500,000,000, to remain available until September 30, 2014:
Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2011 the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future: Provided further, That up to $15,345,000 shall
be to support the ongoing Public Housing Financial and
Physical Assessment activities of the Real Estate Assessment
Center (REAC): Provided further, That of the total amount
provided under this heading, not to exceed $20,000,000 shall
be available for the Secretary to make grants,
notwithstanding section 204 of this Act, to public housing
agencies for emergency capital needs resulting from
unforeseen or unpreventable emergencies and natural disasters
excluding
[[Page H6336]]
Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2011:
Provided further, That of the total amount provided under
this heading, $50,000,000 shall be for supportive services,
service coordinators and congregate services as authorized by
section 34 of the Act (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.): Provided further, That a
Notice of Funding Availability for the funds provided in the
previous proviso shall be issued not later than 60 days after
enactment of this Act: Provided further, That of the total
amount provided under this heading up to $8,820,000 is to
support the costs of administrative and judicial
receiverships: Provided further, That from the funds made
available under this heading, the Secretary shall provide
bonus awards in fiscal year 2011 to public housing agencies
that are designated high performers.
public housing operating fund
For 2011 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $4,829,000,000.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based
assistance grants to projects as authorized by section 24 of
the United States Housing Act of 1937 (42 U.S.C. 1437v),
$200,000,000, to remain available until September 30, 2012,
of which the Secretary of Housing and Urban Development may
use up to $5,000,000 for technical assistance and contract
expertise, to be provided directly or indirectly by grants,
contracts or cooperative agreements, including training and
cost of necessary travel for participants in such training,
by or to officials and employees of the department and of
public housing agencies and to residents: Provided, That none
of such funds shall be used directly or indirectly by
granting competitive advantage in awards to settle litigation
or pay judgments, unless expressly permitted herein: Provided
further, That a Notice of Funding Availability for the funds
provided under this heading shall be issued not later than 60
days after enactment of this Act.
native american housing block grants
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $700,000,000, to remain available until
expended: Provided, That, notwithstanding the Native American
Housing Assistance and Self-Determination Act of 1996, to
determine the amount of the allocation under title I of such
Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race Census data and with the need component
based on multi-race Census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act: Provided further,
That of the amounts made available under this heading,
$3,500,000 shall be contracted for assistance for a national
organization representing Native American housing interests
for providing training and technical assistance to Indian
housing authorities and tribally designated housing entities
as authorized under NAHASDA; and $4,250,000 shall be to
support the inspection of Indian housing units, contract
expertise, training, and technical assistance in the
training, oversight, and management of such Indian housing
and tenant-based assistance, including up to $300,000 for
related travel: Provided further, That of the amount provided
under this heading, $2,000,000 shall be made available for
the cost of guaranteed notes and other obligations, as
authorized by title VI of NAHASDA: Provided further, That
such costs, including the costs of modifying such notes and
other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$20,000,000.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $10,000,000, to remain available until expended:
Provided, That of this amount, $300,000 shall be for training
and technical assistance activities, including up to $100,000
for related travel by Hawaii-based HUD employees.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z), $9,000,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, up to $994,000,000:
Provided further, That up to $750,000 shall be for
administrative contract expenses including management
processes and systems to carry out the loan guarantee
program.
native hawaiian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z), $1,044,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$41,504,255.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $350,000,000, to remain
available until September 30, 2012, except that amounts
allocated pursuant to section 854(c)(3) of such Act shall
remain available until September 30, 2013: Provided, That the
Secretary shall renew all expiring contracts for permanent
supportive housing that were funded under section 854(c)(3)
of such Act that meet all program requirements before
awarding funds for new contracts and activities authorized
under this section: Provided further, That the Department
shall notify grantees of their formula allocation within 60
days of enactment of this Act.
community development fund
For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $4,352,100,000, to remain
available until September 30, 2013, unless otherwise
specified: Provided, That of the total amount provided,
$3,997,755,000 is for carrying out the community development
block grant program under title I of the Housing and
Community Development Act of 1974, as amended (the ``Act''
herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading (except for
planning grants provided in the second paragraph and amounts
made available under the third paragraph), not to exceed 20
percent of any grant made with funds appropriated under this
heading shall be expended for planning and management
development and administration: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act: Provided further,
That $65,000,000 shall be for grants to Indian tribes
notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section
204 of this Act), up to $3,960,000 may be used for
emergencies that constitute imminent threats to health and
safety.
Of the amount made available under this heading,
$77,145,000 shall be available for grants for the Economic
Development Initiative (EDI) to finance a variety of targeted
economic investments in accordance with the terms and
conditions specified in the explanatory statement
accompanying this Act: Provided, That none of the funds
provided under this paragraph may be used for program
operations: Provided further, That, for fiscal years 2008,
2009 and 2010, no unobligated funds for EDI grants may be
used for any purpose except acquisition, planning, design,
purchase of equipment, revitalization, redevelopment or
construction.
Of the amount made available under this heading,
$12,200,000 shall be available for neighborhood initiatives
that are utilized to improve the conditions of distressed and
blighted areas and neighborhoods, to stimulate investment,
economic diversification, and community revitalization in
areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing
benefits can be integrated more effectively with welfare
reform initiatives: Provided, That amounts made available
under this paragraph shall be provided in accordance with the
terms and conditions specified in the explanatory statement
accompanying this Act.
The referenced statement of managers under the heading
``Community Planning and Development'' in title II in
division I of Public Law 111-8 is deemed to be amended by
striking ``City of Wilson, NC, for demolition of dilapidated
structures from downtown Wilson to further downtown
redevelopment'' and inserting ``City of Wilson, NC, for the
renovation of blighted structures to enhance downtown
development''.
The referenced statement of managers under the heading
``Community Planning and Development'' in title II in
division I of Public Law 111-8 is deemed to be amended by
striking ``Catskill Visitor Interpretative Center, Shandaken,
NY, for construction of a visitor's center'' and inserting
``New York State Department of Environmental Conservation,
NY, for planning and design of the Catskill Visitor
Interpretative Center''.
The referenced statement of managers under the heading
``Community Planning and Development'' in title II in
division I of Public Law 111-8 is deemed to be amended by
striking ``Charles County Department of Human Services,
Maryland, Port Tobacco, MD, for acquisition and
rehabilitation of the former Changing Point South facility as
a homeless shelter and transitional housing'' and inserting
``Charles County Department
[[Page H6337]]
of Human Services, Port Tobacco, MD, for acquisition and
rehabilitation of a facility''.
Of the amounts made available under this heading,
$150,000,000 shall be made available for a Sustainable
Communities Initiative to improve regional planning efforts
that integrate housing and transportation decisions, and
increase the capacity to improve land use and zoning:
Provided, That grants under such Initiative may only be made
to metropolitan planning organizations (MPOs), rural planning
organizations, States or other units of general local
government, and housing- and transportation-related nonprofit
organizations: Provided further, That $100,000,000 shall be
for Regional Integrated Planning Grants to support the
linking of transportation and land use planning: Provided
further, That not less than $25,000,000 of the funding made
available for Regional Integrated Planning Grants shall be
awarded to metropolitan areas of less than 500,000: Provided
further, That $40,000,000 shall be for Community Challenge
Planning Grants to foster reform and reduce barriers to
achieve affordable, economically vital, and sustainable
communities: Provided further, That before funding is made
available for Regional Integrated Planning Grants or
Community Challenge Planning Grants, the Secretary, in
coordination with the Secretary of Transportation, shall
submit a plan to the House and Senate Committees on
Appropriations, the Senate Committee on Banking and Urban
Affairs, and the House Committee on Financial Services
establishing grant criteria as well as performance measures
by which the success of grantees will be measured: Provided
further, That the Secretary will consult with the Secretary
of Transportation in evaluating grant proposals: Provided
further, That up to $10,000,000 shall be for a joint
Department of Housing and Urban Development and Department of
Transportation research effort that shall include a rigorous
evaluation of the Regional Integrated Planning Grants and
Community Challenge Planning Grants programs, as well as to
provide funding for a clearinghouse and capacity building
efforts: Provided further, That of the amounts made available
under this heading, $25,000,000 shall be made available for
the Rural Innovation Fund for grants to Indian tribes, State
housing finance agencies, State community and/or economic
development agencies, local rural nonprofits and community
development corporations to address the problems of
concentrated rural housing distress and community poverty:
Provided further, That of the funding made available under
the previous proviso, at least $5,000,000 shall be made
available to promote economic development and
entrepreneurship for federally recognized Indian Tribes,
through activities including the capitalization of revolving
loan programs and business planning and development, funding
is also made available for technical assistance to increase
capacity through training and outreach activities: Provided
further, That of the amounts made available under this
heading, $25,000,000 is for grants pursuant to section 107 of
the Housing and Community Development Act of 1974 (42 U.S.C.
5307).
community development loan guarantees program account
For the cost of guaranteed loans, $10,000,000, to remain
available until September 30, 2012, as authorized by section
108 of the Housing and Community Development Act of 1974 (42
U.S.C. 5308): Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to
exceed $427,000,000, notwithstanding any aggregate limitation
on outstanding obligations guaranteed in section 108(k) of
the Housing and Community Development Act of 1974, as
amended.
brownfields redevelopment
For competitive economic development grants, as authorized
by section 108(q) of the Housing and Community Development
Act of 1974, as amended, for Brownfields redevelopment
projects, $17,500,000, to remain available until September
30, 2012: Provided, That no funds made available under this
heading may be used to establish loan loss reserves for the
section 108 Community Development Loan Guarantee program:
Provided further, That a Notice of Funding Availability shall
be issued not later than 90 days after enactment of this Act.
home investment partnerships program
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,825,000,000, to remain available
until September 30, 2013: Provided, That, funds provided in
prior appropriations Acts for technical assistance, that were
made available for Community Housing Development
Organizations technical assistance, and that still remain
available, may be used for HOME technical assistance
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Department shall
notify grantees of their formula allocation within 60 days of
enactment of thi Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$82,000,000, to remain available until September 30, 2012:
Provided, That of the total amount provided under this
heading, $27,000,000 shall be made available to the Self-Help
and Assisted Homeownership Opportunity Program as authorized
under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended: Provided further, That $50,000,000
shall be made available for the second, third and fourth
capacity building activities authorized under section 4(a) of
the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of
which not less than $5,000,000 may be made available for
rural capacity building activities: Provided further, That
$5,000,000 shall be made available for capacity building
activities as authorized in sections 6301 through 6305 of
Public Law 110-246: Provided further, That a Notice of
Funding Availability shall be issued not later than 60 days
after enactment of this Act.
homeless assistance grants
For the emergency solutions grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the continuum of care program as
authorized under subtitle C of title IV of such Act; and the
rural housing stability assistance program as authorized
under subtitle D of title IV of such Act, $2,200,000,000, of
which $2,195,000,000 shall remain available until September
30, 2013, and of which $5,000,000 shall remain available
until expended for project-based rental assistance
rehabilitation with 10-year grant terms and any rental
assistance amounts that are recaptured under such continuum
of care program shall remain available until expended:
Provided, That up to $200,000,000 of the funds appropriated
under this heading shall be available for such emergency
solutions grants program: Provided further, That no less than
$1,989,000,000 of the funds appropriated under this heading
shall be available for such continuum of care and rural
housing stability assistance programs: Provided further, That
up to $6,000,000 of the funds appropriated under this heading
shall be available for the national homeless data analysis
project: Provided further, That for all match requirements
applicable to funds made available under this heading for
this fiscal year and prior years, a grantee may use (or could
have used) as a source of match funds other funds
administered by the Secretary and other Federal agencies
unless there is (or was) a specific statutory prohibition on
any such use of any such funds: Provided further, That the
Secretary shall renew on an annual basis expiring contracts
or amendments to contracts funded under the continuum of care
program if the program is determined to be needed under the
applicable continuum of care and meets appropriate program
requirements and financial standards, as determined by the
Secretary: Provided further, That all awards of assistance
under this heading shall be required to coordinate and
integrate homeless programs with other mainstream health,
social services, and employment programs for which homeless
populations may be eligible, including Medicaid, State
Children's Health Insurance Program, Temporary Assistance for
Needy Families, Food Stamps, and services funding through the
Mental Health and Substance Abuse Block Grant, Workforce
Investment Act, and the Welfare-to-Work grant program:
Provided further, That all balances for Shelter Plus Care
renewals previously funded from the Shelter Plus Care Renewal
account and transferred to this account shall be available,
if recaptured, for continuum of care renewals in fiscal year
2011.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $8,982,328,000, to remain available until
expended, shall be available on October 1, 2010 (in addition
to the $393,672,000 previously appropriated under this
heading that will become available October 1, 2010), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2011: Provided, That the amounts made
available under this heading shall be available for expiring
or terminating section 8 project-based subsidy contracts
(including section 8 moderate rehabilitation contracts), for
amendments to section 8 project-based subsidy contracts
(including section 8 moderate rehabilitation contracts), for
contracts entered into pursuant to section 441 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for
renewal of section 8 contracts for units in projects that are
subject to approved plans of action under the Emergency Low
Income Housing Preservation Act of 1987 or the Low-Income
Housing Preservation and Resident Homeownership Act of 1990,
and for administrative and other expenses associated with
project-based activities and assistance funded under this
paragraph: Provided further, That of the total amounts
provided under this heading, not to exceed $315,000,000 shall
be available for performance-based contract administrators
for section 8 project-based assistance: Provided further,
That the Secretary of Housing and Urban Development may also
use such amounts in the previous proviso for performance-
based contract administrators for the administration of:
interest reduction payments pursuant to section 236(a) of the
National Housing Act (12 U.S.C. 1715z-1(a)); rent supplement
payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section
[[Page H6338]]
236(f)(2) rental assistance payments (12 U.S.C. 1715z-
1(f)(2)); project rental assistance contracts for the elderly
under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q); project rental assistance contracts for supportive
housing for persons with disabilities under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372;
73 Stat. 667); and loans under section 202 of the Housing Act
of 1959 (Public Law 86-372; 73 Stat. 667): Provided further,
That amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated.
housing for the elderly
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, and
for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive
services associated with the housing, $825,000,000, to remain
available until September 30, 2014, of which up to
$491,300,000 shall be for capital advance and project-based
rental assistance awards: Provided, That amounts for project
rental assistance contracts are to remain available for the
liquidation of valid obligations for 10 years following the
date of such obligation: Provided further, That of the amount
provided under this heading, up to $90,000,000 shall be for
service coordinators and the continuation of existing
congregate service grants for residents of assisted housing
projects, and of which up to $40,000,000 shall be for grants
under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q-2) for conversion of eligible projects under such
section to assisted living or related use and for substantial
and emergency capital repairs as determined by the Secretary:
Provided further, That of the amount made available under
this heading, $20,000,000 shall be available to the Secretary
of Housing and Urban Development only for making competitive
grants to private nonprofit organizations and consumer
cooperatives for covering costs of architectural and
engineering work, site control, and other planning relating
to the development of supportive housing for the elderly that
is eligible for assistance under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts
under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related
activities associated with section 202 capital advance
projects: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions
of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in
duration.
housing for persons with disabilities
For capital advance contracts, including amendments to
capital advance contracts, for supportive housing for persons
with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), for project rental assistance for supportive housing
for persons with disabilities under section 811(d)(2) of such
Act, including amendments to contracts for such assistance
and renewal of expiring contracts for such assistance for up
to a 1-year term, and for supportive services associated with
the housing for persons with disabilities as authorized by
section 811(b)(1) of such Act, and for tenant-based rental
assistance contracts entered into pursuant to section 811 of
such Act, $300,000,000, of which up to $209,900,000 shall be
for capital advances and project-based rental assistance
contracts, to remain available until September 30, 2014:
Provided, That amounts for project rental assistance
contracts are to remain available for the liquidation of
valid obligations for 10 years following the date of such
obligation: Provided further, That the Secretary may waive
the provisions of section 811 governing the terms and
conditions of project rental assistance, except that the
initial contract term for such assistance shall not exceed 5
years in duration: Provided further, That amounts made
available under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related
activities associated with section 811 Capital Advance
Projects.
Housing Counseling Assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $88,000,000,
including up to $2,500,000 for administrative contract
services, to remain available until September 30, 2012:
Provided, That funds shall be used for providing counseling
and advice to tenants and homeowners, both current and
prospective, with respect to property maintenance, financial
management/literacy, and such other matters as may be
appropriate to assist them in improving their housing
conditions, meeting their financial needs, and fulfilling the
responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training.
other assisted housing programs
rental housing assistance
For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1) in State-aided, non-insured rental housing projects,
$40,600,000, to remain available until expended.
rent supplement
(rescission)
Of the amounts recaptured from terminated contracts under
section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s) and section 236 of the National Housing Act
(12 U.S.C. 1715z-1) $40,600,000 are rescinded: Provided, That
no amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $14,000,000, to remain
available until expended, of which $7,000,000 is to be
derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided
further, That the amount made available under this heading
from the general fund shall be reduced as such collections
are received during fiscal year 2011 so as to result in a
final fiscal year 2011 appropriation from the general fund
estimated at not more than $7,000,000 and fees pursuant to
such section 620 shall be modified as necessary to ensure
such a final fiscal year 2011 appropriation: Provided
further, That for the dispute resolution and installation
programs, the Secretary of Housing and Urban Development may
assess and collect fees from any program participant:
Provided further, That such collections shall be deposited
into the Fund, and the Secretary, as provided herein, may use
such collections, as well as fees collected under section
620, for necessary expenses of such Act: Provided further,
That notwithstanding the requirements of section 620 of such
Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service
providers that are paid directly by the recipients of their
services.
Federal Housing Administration
mutual mortgage insurance program account
(including transfer of funds)
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2012: Provided, That for the cost of new guaranteed loans, as
authorized by section 255 of the National Housing Act (12
U.S.C. 17152-20), $150,000,000: Provided further, That during
fiscal year 2011, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing
Act, as amended, shall not exceed $50,000,000: Provided
further, That the foregoing amount in the previous proviso
shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned
by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund. For administrative contract expenses
of the Federal Housing Administration, $207,000,000, to
remain available until September 30, 2012, of which up to
$71,500,000 may be transferred to the Working Capital Fund:
Provided further, That to the extent guaranteed loan
commitments exceed $200,000,000,000 on or before April 1,
2011, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $30,000,000.
general and special risk program account
During fiscal year 2011, commitments to guarantee loans
incurred under the General and Special Risk Insurance Funds,
as authorized by sections 238 and 519 of the National Housing
Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed
$20,000,000,000 in total loan principal, any part of which is
to be guaranteed.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed $20,000,000,which
shall be for loans to non-profit and governmental entities in
connection with the sale of single family real properties
owned by the Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$500,000,000,000, to remain available until September 30,
2012.
[[Page H6339]]
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $50,000,000,
to remain available until September 30, 2012.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $72,000,000, to remain
available until September 30, 2012, of which $42,500,000
shall be to carry out activities pursuant to such section
561: Provided, That notwithstanding 31 U.S.C. 3302, the
Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds to
provide such training: Provided further, That no funds made
available under this heading shall be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant or loan.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $140,000,000, to remain available
until September 30, 2012, of which not less than $40,000,000
shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act
of 1970 that shall include research, studies, testing, and
demonstration efforts, including education and outreach
concerning lead-based paint poisoning and other housing-
related diseases and hazards: Provided, That for purposes of
environmental review, pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of the law that further the purposes of such Act,
a grant under the Healthy Homes Initiative, Operation Lead
Elimination Action Plan (LEAP), or the Lead Technical Studies
program under this heading or under prior appropriations Acts
for such purposes under this heading, shall be considered to
be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That amounts made available under
this heading in this or prior appropriations Acts, and that
still remain available, may be used for any purpose under
this heading notwithstanding the purpose for which such
amounts were appropriated if a program competition is
undersubscribed and there are other program competitions
under this heading that are oversubscribed: Provided further,
That a Notice of Funding Availability shall be issued not
later than 60 days after enactment of this Act.
Management and Administration
working capital fund
For additional capital for the Working Capital Fund (42
U.S.C. 3535) for the maintenance of infrastructure for
Department-wide information technology systems, for the
continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-
related maintenance activities, $243,500,000, to remain
available until September 30, 2012: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts or from within this
Act may be used only for the purposes specified under this
Fund, in addition to the purposes for which such amounts were
appropriated: Provided further, That up to $15,000,000 may be
transferred to this account from all other accounts in this
title (except for the Office of the Inspector General
account) that make funds available for salaries and expenses.
office of inspector general
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $122,000,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
transformation initiative
For necessary expenses for combating mortgage fraud,
$20,000,000, to remain available until expended.
In addition, of the amounts made available in this Act
under each of the following headings under this title, the
Secretary may transfer to, and merge with, this account up to
1 percent from each such account, and such transferred
amounts shall be available until September 30, 2014, for (1)
research, evaluation, and program metrics; (2) program
demonstrations; (3) technical assistance and capacity
building; and (4) information technology: ``Tenant-Based
Rental Assistance'', ``Public Housing Operating Fund'',
``Indian Housing Loan Guarantee Fund Program Account'',
``Native Hawaiian Housing Block Grants'', ``Housing
Opportunities for Persons With AIDS'', ``Community
Development Fund'', ``Housing Counseling Assistance'',
``Payment to Manufactured Housing Fees Trust Fund'', ``Mutual
Mortgage Insurance Program Account'', ``Lead Hazard
Reduction'', and ``Rental Housing Assistance'': Provided,
That of the amounts made available under this paragraph, not
less than $130,000,000 shall be available for information
technology modernization, including development and
deployment of a Next Generation of Voucher Management System
and development and deployment of modernized Federal Housing
Administration systems: Provided further, That not more than
25 percent of the funds made available for information
technology modernization may be obligated until the Secretary
submits to the Committees on Appropriations a plan for
expenditure that (1) identifies for each modernization
project (a) the functional and performance capabilities to be
delivered and the mission benefits to be realized, (b) the
estimated lifecycle cost, and (c) key milestones to be met;
(2) demonstrates that each modernization project is (a)
compliant with the department's enterprise architecture, (b)
being managed in accordance with applicable lifecycle
management policies and guidance, (c) subject to the
department's capital planning and investment control
requirements, and (d) supported by an adequately staffed
project office; and (3) has been reviewed by the Government
Accountability Office: Provided further, That of the amounts
made available under this paragraph, not less than
$40,000,000 shall be available for technical assistance and
capacity building: Provided further, That technical
assistance activities shall include, technical assistance for
HUD programs, including HOME, Community Development Block
Grant, homeless programs, HOPWA, HOPE VI, Public Housing, the
Housing Choice Voucher Program, Fair Housing Initiative
Program, Housing Counseling, Healthy Homes, Sustainable
Communities, Energy Innovation Fund and other technical
assistance as determined by the Secretary: Provided further,
That of the amounts made available for research, evaluation
and program metrics and program demonstrations, the Secretary
shall include an assessment of the effectiveness of HUD
funded service coordinators: Provided further, That the
Secretary shall submit a plan to the House and Senate
Committees on Appropriations for approval detailing how the
funding provided under this heading will be allocated to each
of the categories identified under this heading and for what
projects or activities funding will be used: Provided
further, That following the initial approval of this plan,
the Secretary may amend the plan with the approval of the
House and Senate Committees on Appropriations.
General Provisions--Department of Housing and Urban Development
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437 note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2011 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a non-frivolous legal action, that
is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a
court of competent jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2011 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a
grant, in the amount determined under subsection (b), for any
State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2011 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that
qualify under clause (i) in fiscal year 2011 do not have the
number of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State
that are outside of metropolitan statistical areas that
qualify under clause (i) of such section 854(c)(1)(A) in
fiscal year 2011, in proportion to AIDS cases among cities
and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2011
[[Page H6340]]
under section 854(c) of the AIDS Housing Opportunity Act (42
U.S.C. 12903(c)), to the City of New York, New York, on
behalf of the New York-Wayne-White Plains, New York-New
Jersey Metropolitan Division (hereafter ``metropolitan
division'') of the New York-Newark-Edison, NY-NJ-PA
Metropolitan Statistical Area, shall be adjusted by the
Secretary of Housing and Urban Development by: (1) allocating
to the City of Jersey City, New Jersey, the proportion of the
metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the
metropolitan area or division that is located in Hudson
County, New Jersey, and adjusting for the proportion of the
metropolitan division's high incidence bonus if this area in
New Jersey also has a higher than average per capita
incidence of AIDS; and (2) allocating to the City of
Paterson, New Jersey, the proportion of the metropolitan
area's or division's amount that is based on the number of
cases of AIDS reported in the portion of the metropolitan
area or division that is located in Bergen County and Passaic
County, New Jersey, and adjusting for the proportion of the
metropolitan division's high incidence bonus if this area in
New Jersey also has a higher than average per capita
incidence of AIDS. The recipient cities shall use amounts
allocated under this subsection to carry out eligible
activities under section 855 of the AIDS Housing Opportunity
Act (42 U.S.C. 12904) in their respective portions of the
metropolitan division that is located in New Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2011 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas
with a higher than average per capita incidence of AIDS,
shall be adjusted by the Secretary on the basis of area
incidence reported over a 3-year period.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 206. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2011
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 208. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 209. (a) Notwithstanding any other provision of law,
the amount allocated for fiscal year 2011 under section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)), to the City of Wilmington, Delaware, on behalf of
the Wilmington, Delaware-Maryland-New Jersey Metropolitan
Division (hereafter ``metropolitan division''), shall be
adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of
cases of AIDS reported in the portion of the metropolitan
division that is located in New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The State of New Jersey
shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855
of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the
portion of the metropolitan division that is located in New
Jersey.
(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2011 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City
of Raleigh, North Carolina, on behalf of the Raleigh-Cary,
North Carolina Metropolitan Statistical Area. Any amounts
allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904)
within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of
Housing and Urban Development may adjust the allocation of
the amounts that otherwise would be allocated for fiscal year
2011 under section 854(c) of such Act, upon the written
request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible
grantee(s) of the allocation. In the case that a metropolitan
statistical area involves more than one State, such amounts
allocated to each State shall be in proportion to the number
of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated
to a State under this section shall be used to carry out
eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 210. The President's formal budget request for fiscal
year 2012, as well as the Department of Housing and Urban
Development's congressional budget justifications to be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, shall use the identical
account and sub-account structure provided under this Act.
Sec. 211. A public housing agency or such other entity
that administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, the
States of Alaska, Iowa, and Mississippi shall not be required
to include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance
under section 8 for the Housing Authority of the county of
Los Angeles, California and the States of Alaska, Iowa and
Mississippi that chooses not to include a resident of Public
Housing or a recipient of section 8 assistance on the board
of directors or a similar governing board shall establish an
advisory board of not less than six residents of public
housing or recipients of section 8 assistance to provide
advice and comment to the public housing agency or other
administering entity on issues related to public housing and
section 8. Such advisory board shall meet not less than
quarterly.
Sec. 212. (a) Notwithstanding any other provision of law,
subject to the conditions listed in subsection (b), for
fiscal years 2011 and 2012, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt and statutorily required low-
income and very low-income use restrictions, associated with
one or more multifamily housing project to another
multifamily housing project or projects.
(b) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) The number of low-income and very low-income units and
the net dollar amount of Federal assistance provided by the
transferring project shall remain the same in the receiving
project or projects.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (c)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary.
(8) If the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
[[Page H6341]]
(9) Any financial risk to the FHA General and Special Risk
Insurance Fund, as determined by the Secretary, would be
reduced as a result of a transfer completed under this
section.
(10) The Secretary determines that Federal liability with
regard to this project will not be increased.
(c) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act; and
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required use low-income and very low-income restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 213. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title III of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 214. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 215. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition) that
an individual receives under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), from private sources, or an
institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered
income to that individual, except for a person over the age
of 23 with dependent children.
Sec. 216. (a) Section 255(g) of the National Housing Act
(12 U.S.C. 1715z-20) is amended by striking the first
sentence.
Sec. 217. Notwithstanding any other provision of law, in
fiscal year 2010, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, the Secretary
shall maintain any rental assistance payments under section 8
of the United States Housing Act of 1937 and other programs
that are attached to any dwelling units in the property. To
the extent the Secretary determines, in consultation with the
tenants and the local government, that such a multifamily
property owned or held by the Secretary is not feasible for
continued rental assistance payments under such section 8 or
other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available
Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (``MAHRAA'') and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may, in consultation
with the tenants of that property, contract for project-based
rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental
assistance. The Secretary shall also take appropriate steps
to ensure that project-based contracts remain in effect prior
to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for
imminent major threats to health and safety. After
disposition of any multifamily property described under this
section, the contract and allowable rent levels on such
properties shall be subject to the requirements under section
524 of MAHRAA.
Sec. 218. During fiscal year 2011, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living
facilities that is carried out in the counties of the State
of Michigan notwithstanding paragraphs (3) and (18)(B)(iii)
of such section 8(o), a family residing in an assisted living
facility in any such county, on behalf of which a public
housing agency provides assistance pursuant to section
8(o)(18) of such Act, may be required, at the time the family
initially receives such assistance, to pay rent in an amount
exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of
Housing and Urban Development determines to be appropriate.
Sec. 219. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and
Senate Committees on Appropriations on HUD's use of all sole
source contracts, including terms of the contracts, cost, and
a substantive rationale for using a sole source contract.
Sec. 220. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of
1959 (12 U.S.C. 1701q) after December 26, 2000, in accordance
with the unnumbered paragraph at the end of section 202(b) of
such Act, may, at its option, establish a single-asset
nonprofit entity to own the project and may lend the grant
funds to such entity, which may be a private nonprofit
organization described in section 831 of the American
Homeownership and Economic Opportunity Act of 2000.
Sec. 221. (a) The amounts provided under the subheading
``Program Account'' under the heading ``Community Development
Loan Guarantees'' may be used to guarantee, or make
commitments to guarantee, notes, or other obligations issued
by any State on behalf of non-entitlement communities in the
State in accordance with the requirements of section 108 of
the Housing and Community Development Act of 1974 in fiscal
year 2011 and subsequent years: Provided, That, any State
receiving such a guarantee or commitment shall distribute all
funds subject to such guarantee to the units of general local
government in non-entitlement areas that received the
commitment.
(b) Not later than 60 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development
shall promulgate regulations governing the administration of
the funds described under subsection (a).
Sec. 222. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2011.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2011.''.
Sec. 223. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the
operating fund rule: Provided, That an agency seeking a
discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management
requirements.
Sec. 224. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to section
9(g)(1) or 9(g)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing
agency may not use capital funds authorized under section
9(d) for activities that are eligible under section 9(e) for
assistance with amounts from the operating fund in excess of
the amounts permitted under section 9(g)(1) or 9(g)(2).
Sec. 225. No official or employee of the Department of
Housing and Urban Development
[[Page H6342]]
shall be designated as an allotment holder unless the Office
of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds
control and has received training in funds control procedures
and directives. The Chief Financial Officer shall ensure
that, not later than 90 days after the date of enactment of
this Act, there is a trained allotment holder shall be
designated for each HUD subaccount under the headings
``Executive Direction'' and heading ``Administration,
Operations, and Management'' as well as each account
receiving appropriations for ``personnel compensation and
benefits'' within the Department of Housing and Urban
Development.
Sec. 226. Payment of attorney fees in program-related
litigation must be paid from individual program office
personnel benefits and compensation funding. The annual
budget submission for program office personnel benefit and
compensation funding must include program-related litigation
costs for attorney fees as a separate line item request.
Sec. 227. (a) Approval of Prepayment of Debt.--Upon request
of the project sponsor of a project assisted with a loan
under section 202 of the Housing Act of 1959 (as in effect
before the enactment of the Cranston-Gonzalez National
Affordable Housing Act), for which the Secretary's consent to
prepayment is required, the Secretary shall approve the
prepayment of any indebtedness to the Secretary relating to
any remaining principal and interest under the loan as part
of a prepayment plan under which--
(1) the project sponsor agrees to operate the project until
the maturity date of the original loan under terms at least
as advantageous to existing and future tenants as the terms
required by the original loan agreement or any project-based
rental assistance payments contract under section 8 of the
United States Housing Act of 1937 (or any other project-based
rental housing assistance programs of the Department of
Housing and Urban Development, including the rent supplement
program under section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s)) or any successor
project-based rental assistance program, except as provided
by subsection (a)(2)(B); and
(2) the prepayment may involve refinancing of the loan if
such refinancing results--
(A) in a lower interest rate on the principal of the loan
for the project and in reductions in debt service related to
such loan; or
(B) in the case of a project that is assisted with a loan
under such section 202 carrying an interest rate of 6 percent
or lower, a transaction under which--
(i) the project owner shall address the physical needs of
the project;
(ii) the prepayment plan for the transaction, including the
refinancing, shall meet a cost benefit analysis, as
established by the Secretary, that the benefit of the
transaction outweighs the cost of the transaction including
any increases in rent charged to unassisted tenants;
(iii) the overall cost for providing rental assistance
under section 8 for the project (if any) is not increased,
except, upon approval by the Secretary to--
(I) mark-up-to-market contracts pursuant to section
524(a)(3) of the Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f note), as such section is
carried out by the Secretary for properties owned by
nonprofit organizations; or
(II) mark-up-to-budget contracts pursuant to section
524(a)(4) of the Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f note), as such section is
carried out by the Secretary for properties owned by eligible
owners (as such term is defined in section 202(k) of the
Housing Act of 1959 (12 U.S.C. 1701q(k));
(iv) the project owner may charge tenants rent sufficient
to meet debt service payments and operating cost
requirements, as approved by the Secretary, if project-based
rental assistance is not available or is insufficient for the
debt service and operating cost of the project after
refinancing. Such approval by the Secretary--
(I) shall be the basis for the owner to agree to terminate
the project-based rental assistance contract that is
insufficient for the debt service and operating cost of the
project after refinancing; and
(II) shall be an eligibility event for the project for
purposes of section 8(t) of the United States Housing Act of
1937 (42 U.S.C. 1437f(t));
(v) units to be occupied by tenants assisted under section
8(t) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)) shall, upon termination of the occupancy of such
tenants, become eligible for project-based assistance under
section 8(o)(13) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(13)) without regard to the percentage
limitations provided in such section; and
(vi) there shall be a use agreement of 20 years from the
date of the maturity date of the original 202 loan for all
units, including units to be occupied by tenants assisted
under section 8(t) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)).
Sec. 228. No property identified by the Secretary of
Housing and Urban Development as surplus Federal property for
use to assist the homeless shall be made available to any
homeless group unless the group is a member in good standing
under any of HUD's homeless assistance programs or is in good
standing with any other program which receives funds from any
other Federal or State agency or entity: Provided, That an
exception may be made for an entity not involved with Federal
homeless programs to use surplus Federal property for the
homeless only after the Secretary or another responsible
Federal agency has fully and comprehensively reviewed all
relevant finances of the entity, the track record of the
entity in assisting the homeless, the ability of the entity
to manage the property, including all costs, the ability of
the entity to administer homeless programs in a manner that
is effective to meet the needs of the homeless population
that is expected to use the property and any other related
issues that demonstrate a commitment to assist the homeless:
Provided further, That the Secretary shall not require the
entity to have cash in hand in order to demonstrate financial
ability but may rely on the entity's prior demonstrated
fundraising ability or commitments for in-kind donations of
goods and services: Provided further, That the Secretary
shall make all such information and its decision regarding
the award of the surplus property available to the committees
of jurisdiction, including a full justification of the
appropriateness of the use of the property to assist the
homeless as well as the appropriateness of the group seeking
to obtain the property to use such property to assist the
homeless: Provided further, That, this section shall apply to
properties in fiscal years 2010 and 2011 made available as
surplus Federal property for use to assist the homeless.
Sec. 229. The Secretary of the Department of Housing and
Urban Development is authorized to transfer up to 5 percent
of funds appropriated for any account under this title under
the heading ``Personnel Compensation and Benefits'' to any
other account under this title under the heading ``Personnel
Compensation and Benefits'' only after such transfer has been
submitted to, and received prior written approval by, the
House and Senate Committees on Appropriations: Provided,
That, no appropriation for any such account shall be
increased or decreased by more than 10 percent by all such
transfers.
Sec. 230. Notwithstanding any other provision of law, in
determining the market value of any multifamily real property
or multifamily loan for any noncompetitive sale to a State or
local government, the Secretary shall in fiscal year 2011
consider, but not be limited to, industry standard appraisal
practices, including the cost of repairs needed to bring the
property into such condition as to satisfy minimum State and
local code standards and the cost of maintaining the
affordability restrictions imposed by the Secretary on the
multifamily real property or multifamily loan.
Sec. 231. The Disaster Housing Assistance Programs,
administered by the Department of Housing and Urban
Development, shall be considered a ``program of the
Department of Housing and Urban Development'' under section
904 of the McKinney Act for the purpose of income
verifications and matching.
Sec. 232. Section 203(c)(2)(B) of the National Housing Act
(12 U.S.C. 1709(c)(2)(B)) is amended to read as follows:
``(B) In addition to the premium under subparagraph (A), the
Secretary may establish and collect annual premium payments
in an amount not exceeding 1.50 percent of the remaining
insured principal balance (excluding the portion of the
remaining balance attributable to the premium collected under
subparagraph (A) and without taking into account delinquent
payments or prepayments). The Secretary, by publication of a
notice in the Federal Register, may establish or change the
amount of the premium under subparagraph (A) or the annual
premium, and the period of the mortgage term for which an
annual premium amount shall apply.''.
Sec. 233. For an additional amount for the
``Administration, Operations and Management'' account,
$2,070,635, to increase the Department's acquisition
workforce capacity and capabilities: Provided, That such
funds may be transferred by the Secretary to any other
account in the Department to carry out the purposes provided
herein: Provided further, That such transfer authority is in
addition to any other transfer authority provided in this
Act: Provided further, That such funds shall be available
only to supplement and not to supplant existing acquisition
workforce activities: Provided further, That such funds shall
be available for training, recruitment, retention, and hiring
additional members of the acquisition workforce as defined by
the Office of Federal Procurement Policy Act, as amended (41
U.S.C. 401 et seq.): Provided further, That such funds shall
be available for information technology in support of
acquisition workforce effectiveness or for management
solutions to improve acquisition management.
Sec. 234. The paragraphs under the heading ``Flexible
Subsidy Fund'' in Public Law 108-447 and in Public Law 109-
115 are repealed.
Sec. 235. (a) Loan Limit Floor Based on 2008 Levels.--For
mortgages for which the mortgagee issues credit approval for
the borrower during fiscal year 2011, if the dollar amount
limitation on the principal obligation of a mortgage
determined under section 203(b)(2) of the National Housing
Act (12 U.S.C. 1709(b)(2)) for any size residence for any
area is less than such dollar amount limitation that was in
effect for such size residence for such area for 2008
pursuant to section 202 of the Economic Stimulus Act of 2008
(Public Law 110-185; 122 Stat. 620), notwithstanding any
other provision of law or of this joint resolution, the
maximum dollar amount limitation on the principal obligation
of a mortgage for such size residence for such area for
purposes of such section
[[Page H6343]]
203(b)(2) shall be considered (except for purposes of section
255(g) of such Act (12 U.S.C.1715z-20(g))) to be such dollar
amount limitation in effect for such size residence for such
area for 2008.
(b) Discretionary Authority for Sub-Areas.--Notwithstanding
any other provision of law or of this joint resolution, if
the Secretary of Housing and Urban Development determines,
for any geographic area that is smaller than an area for
which dollar amount limitations on the principal obligation
of a mortgage are determined under section 203(b)(2) of the
National Housing Act, that a higher such maximum dollar
amount limitation is warranted for any particular size or
sizes of residences in such sub-area by higher median home
prices in such sub-area, the Secretary may, for mortgages for
which the mortgagee issues credit approval for the borrower
during calendar year 2010, increase the maximum dollar amount
limitation for such size or sizes of residences for such sub-
area that is otherwise in effect (including pursuant to
subsection (a) of this section), but in no case to an amount
that exceeds the amount specified in section 202(a)(2) of the
Economic Stimulus Act of 2008.
Sec. 236. (a) Loan Limit Floor Based on 2008 Levels.--For
mortgages originated during fiscal year 2011, if the
limitation on the maximum original principal obligation of a
mortgage that may be purchased by the Federal National
Mortgage Association or the Federal Home Loan Mortgage
Corporation determined under section 302(b)(2) of the Federal
National Mortgage Association Charter Act (12 U.S.C.
1717(b)(2)) or section 305(a)(2) of the Federal Home Loan
Mortgage Corporation Act (12 U.S.C.1754(a)(2)) respectively,
for any size residence for any area is less than such maximum
original principal obligation limitation that was in effect
for such size residence for such area for 2008 pursuant to
section 201 of the Economic Stimulus Act of 2008 (Public Law
110-185; 122 Stat. 619), notwithstanding any other provision
of law or of this joint resolution, the limitation on the
maximum original principal obligation of a mortgage for such
Association and Corporation for such size residence for such
area shall be such maximum limitation in effect for such size
residence for such area for 2008.
(b) Discretionary Authority for Sub-Areas.--Notwithstanding
any other provision of law or of this joint resolution, if
the Director of the Federal Housing Finance Agency
determines, for any geographic area that is smaller than an
area for which limitations on the maximum original principal
obligation of a mortgage are determined for the Federal
National Mortgage Association or the Federal Home Loan
Mortgage Corporation, that a higher such maximum original
principal obligation limitation is warranted for any
particular size or sizes of residences in such sub-area by
higher median home prices in such sub-area, the Director may,
for mortgages originated during calendar year 2010, increase
the maximum original principal obligation limitation for such
size or sizes of residences for such sub-area that is
otherwise in effect (including pursuant to subsection (a) of
this section) for such Association and Corporation, but in no
case to an amount that exceeds the amount specified in the
matter following the comma in section 201(a)(l)(B) of the
Economic Stimulus Act of 2008.
Sec. 237. Notwithstanding any other provision of this
joint resolution, for mortgages for which the mortgagee
issues credit approval for the borrower during fiscal year
2011, the second sentence of section 255(g) of the National
Housing Act (12 U.S.C. 1715z-20(g)) shall be considered to
require that in no case may the benefits of insurance under
such section 255 exceed 150 percent of the maximum dollar
amount in effect under the sixth sentence of section
305(a)(2) of the Federal Home Loan Mortgage Corporation Act
(12 U.S.C. 1454(a)(2)).
Sec. 238. None of the funds in this Act shall be available
for salaries and expenses of more than 75 political and
Presidential appointees in the Department of Housing and
Urban Development: Provided, That none of the personnel
covered by this provision may be assigned on temporary detail
outside the Department of Housing and Urban Development.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2011''.
TITLE III--RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$7,300,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. App. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902,
$25,300,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as
amended, $22,000,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the National Railroad Passenger Corporation: Provided
further, That the Inspector General may enter into contracts
and other arrangements for audits, studies, analyses, and
other services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within Amtrak:
Provided further, That concurrent with the President's budget
request for fiscal year 2012, the Inspector General shall
submit to the House and Senate Committees on Appropriations a
budget request for fiscal year 2012 in similar format and
substance to those submitted by executive agencies of the
Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902)
$104,232,000, of which not to exceed $2,000 may be used for
official reception and representation expenses: Provided,
That the amounts made available to the National
Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in
fiscal year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $137,000,000, of which $5,000,000
shall be for a multi-family rental housing program: Provided,
That in addition, $35,000,000 shall be made available until
expended for capital grants to rehabilitate or finance the
rehabilitation of affordable housing units, including
necessary administrative expenses: Provided further, That in
addition, $113,000,000 shall be made available until expended
to the Neighborhood Reinvestment Corporation for mortgage
foreclosure mitigation activities, under the following terms
and conditions:
(1) The Neighborhood Reinvestment Corporation (``NRC''),
shall make grants to counseling intermediaries approved by
the Department of Housing and Urban Development (HUD) (with
match to be determined by the NRC based on affordability and
the economic conditions of an area; a match also may be
waived by the NRC based on the aforementioned conditions) to
provide mortgage foreclosure mitigation assistance primarily
to States and areas with high rates of defaults and
foreclosures to help eliminate the default and foreclosure of
mortgages of owner-occupied single-family homes that are at
risk of such foreclosure. Other than areas with high rates of
defaults and foreclosures, grants may also be provided to
approved counseling intermediaries based on a geographic
analysis of the Nation by the NRC which determines where
there is a prevalence of mortgages that are risky and likely
to fail, including any trends for mortgages that are likely
to default and face foreclosure. A State Housing Finance
Agency may also be eligible where the State Housing Finance
Agency meets all the requirements under this paragraph. A
HUD-approved counseling intermediary shall meet certain
mortgage foreclosure mitigation assistance counseling
requirements, as determined by the NRC, and shall be approved
by HUD or the NRC as meeting these requirements.
(2) Mortgage foreclosure mitigation assistance shall only
be made available to homeowners of owner-occupied homes with
mortgages in default or in danger of default. These mortgages
shall likely be subject to a foreclosure action and
homeowners will be provided such assistance that shall
consist of activities that are likely to prevent foreclosures
and result in the long-term affordability of the mortgage
retained pursuant to such activity or another positive
outcome for the homeowner. No funds made available under this
paragraph may be provided directly to lenders or homeowners
to discharge outstanding mortgage balances or for any other
direct debt reduction payments.
(3) The use of Mortgage Foreclosure Mitigation Assistance
by approved counseling intermediaries and State Housing
Finance Agencies shall involve a reasonable analysis of the
borrower's financial situation, an
[[Page H6344]]
evaluation of the current value of the property that is
subject to the mortgage, counseling regarding the assumption
of the mortgage by another non-Federal party, counseling
regarding the possible purchase of the mortgage by a non-
Federal third party, counseling and advice of all likely
restructuring and refinancing strategies or the approval of a
work-out strategy by all interested parties.
(4) NRC may provide up to 15 percent of the total funds
under this paragraph to its own charter members with
expertise in foreclosure prevention counseling, subject to a
certification by the NRC that the procedures for selection do
not consist of any procedures or activities that could be
construed as an unacceptable conflict of interest or have the
appearance of impropriety.
(5) HUD-approved counseling entities and State Housing
Finance Agencies receiving funds under this paragraph shall
have demonstrated experience in successfully working with
financial institutions as well as borrowers facing default,
delinquency and foreclosure as well as documented counseling
capacity, outreach capacity, past successful performance and
positive outcomes with documented counseling plans (including
post mortgage foreclosure mitigation counseling), loan
workout agreements and loan modification agreements. NRC may
use other criteria to demonstrate capacity in underserved
areas.
(6) Of the total amount made available under this
paragraph, up to $3,000,000 may be made available to build
the mortgage foreclosure and default mitigation counseling
capacity of counseling intermediaries through NRC training
courses with HUD-approved counseling intermediaries and their
partners, except that private financial institutions that
participate in NRC training shall pay market rates for such
training.
(7) Of the total amount made available under this
paragraph, up to 5 percent may be used for associated
administrative expenses for the NRC to carry out activities
provided under this section.
(8) Mortgage foreclosure mitigation assistance grants may
include a budget for outreach and advertising, and training,
as determined by the NRC.
(9) The NRC shall continue to report bi-annually to the
House and Senate Committees on Appropriations as well as the
Senate Banking Committee and House Financial Services
Committee on its efforts to mitigate mortgage default.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$2,680,000.
Section 209 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11319) is amended by striking the date specified
in such section and inserting ``October 1, 2012''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. Such sums as may be necessary for fiscal year
2010 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or
previous appropriations Acts.
Sec. 402. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 403. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 404. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2010, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by either the House or
Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less; (6)
reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or (7) creates,
reorganizes, or restructures a branch, division, office,
bureau, board, commission, agency, administration, or
department different from the budget justifications submitted
to the Committees on Appropriations or the table accompanying
the explanatory statement accompanying this Act, whichever is
more detailed, unless prior approval is received from the
House and Senate Committees on Appropriations: Provided, That
not later than 60 days after the date of enactment of this
Act, each agency funded by this Act shall submit a report to
the Committees on Appropriations of the Senate and of the
House of Representatives to establish the baseline for
application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That the report shall
include: (1) a table for each appropriation with a separate
column to display the President's budget request, adjustments
made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a
delineation in the table for each appropriation both by
object class and program, project, and activity as detailed
in the budget appendix for the respective appropriation; and
(3) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2011 from
appropriations made available for salaries and expenses for
fiscal year 2011 in this Act, shall remain available through
September 30, 2012, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. All Federal agencies and departments that are
funded under this Act shall issue a report to the House and
Senate Committees on Appropriations on all sole source
contracts by no later than July 30, 2010. Such report shall
include the contractor, the amount of the contract and the
rationale for using a sole source contract.
Sec. 408. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 409. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownsfield as defined in the Small Business Liability Relief
and Brownsfield Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 410. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 411. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his period
of active military or naval service, and has within 90 days
after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his former
position and has not been restored thereto.
[[Page H6345]]
Sec. 412. No funds appropriated pursuant to this Act may
be expended in contravention of sections 2 through 4 of the
Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as
the ``Buy American Act'').
Sec. 413. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 10a-10c).
Sec. 414. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 415. None of the funds made available in this Act may
be used to purchase a light bulb for an office building
unless the light bulb has, to the extent practicable, an
Energy Star or Federal Energy Management Program designation.
Sec. 416. None of the funds made available under this Act
or any prior Act may be provided to the Association of
Community Organizations for Reform Now (ACORN), or any of its
affiliates, subsidiaries, or allied organizations.
Sec. 417. None of the funds provided in this Act for any
program, project, or activity that is considered to be a
congressional earmark for purposes of clause 9 of rule XXI of
the Rules of the House of Representatives of the 111th
Congress may be awarded to a for-profit entity.
Sec. 418. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 419. (a) None of the funds appropriated or otherwise
made available by this Act may be obligated by any covered
executive agency in contravention of the certification
requirement of section 6(b) of the Iran Sanctions Act of
1996, as included in the revisions to the Federal Acquisition
Regulation pursuant to such section.
The CHAIR. No amendment shall be in order except the amendments
printed in part A of House Report 111-578, and not to exceed four of
the amendments printed in part B of that report if offered by the
gentleman from Arizona (Mr. Flake) or his designee. Each such amendment
may be offered only in the order printed in the report, may be offered
by a Member designated in the report, shall be considered read, shall
be debatable for 10 minutes equally divided and controlled by the
proponent and an opponent, and shall not be subject to a demand for
division of the question.
After disposition of the amendments specified in the first section of
House Resolution 1569, the chair and ranking minority member of the
Committee on Appropriations or their designees each may offer one pro
forma amendment to the bill for the purpose of debate, which shall be
controlled by the proponent.
{time} 1450
Amendment No. 1 Offered by Mr. Boehner
The CHAIR. It is now in order to consider amendment No. 1 printed in
part A of House Report 111-578.
Mr. BOEHNER. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. (a) Limitation on Use of Funds.--None of the funds
provided in this Act may be used for doctoral dissertation
research grants on housing and urban development issues.
(b) Corresponding Reduction in Funds.--The amount otherwise
provided by this Act for ``Department of Housing and Urban
Development--Policy Development and Research--Research and
Technology'' is hereby reduced by $300,000.
The CHAIR. Pursuant to House Resolution 1569, the gentleman from Ohio
(Mr. Boehner) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Ohio.
Mr. BOEHNER. Mr. Chairman, I would say to my colleagues that it is no
surprise to anyone in this Chamber or to the American people that
spending in Washington is out of control. Last year we had a budget
deficit of some $1.5 trillion. This year we have a budget deficit
estimated to be at $1.4 trillion.
The American people are screaming at the top of their lungs ``stop.''
Yet here we are moving the appropriation bills that I don't think have
been thoroughly scrubbed.
I have made it pretty clear to my colleagues that one of the things
that we have to do, if we are going to get spending under control, is
go through every line item in the Federal budget and ask this question:
Is this spending so important that we're willing to ask our kids and
grandkids to pay for it? Because this year 43 cents of every dollar the
Federal Government spends we have to borrow, and it is going to be our
kids and grandkids that are going to get to pay the bill.
Mr. Chairman, under this amendment it addresses a program that doles
out approximately $300,000 to fund 12 doctoral dissertations on housing
policy. Now, this isn't funding their tuition; it's funding the
dissertation itself.
I don't know why our kids and grandkids should be asked to pay some
$300,000 to help fund research on housing policy when the Department
has 10,000 employees who are charged with developing housing policies.
This may be well intended, some may have a great purpose for it. But
as I go through this bill----
Mr. OLVER. Will the gentleman yield?
Mr. BOEHNER. I'm happy to yield to the gentleman.
Mr. OLVER. I understand that the distinguished minority leader has
this amendment which will terminate the doctoral dissertation research
program at HUD. Even though I believe strongly in the value of good
research and what such good research can play in improving the
effectiveness of government programs over time, I'm willing to accept
the gentleman's amendment in the spirit of comity.
Mr. BOEHNER. I would be happy to accept.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Ohio (Mr. Boehner).
The amendment was agreed to.
Amendment No. 2 Offered by Mr. Boehner
The CHAIR. It is now in order to consider amendment No. 2 printed in
part A of House Report 111-578.
MR. BOEHNER. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. The aggregate amount otherwise made available by
title II, and the amount required to be made available under
the third proviso under the heading ``Management and
Administration--Transformation Initiative'', are each hereby
reduced in the amount of $40,000,000.
The CHAIR. Pursuant to House Resolution 1569, the gentleman from Ohio
(Mr. Boehner) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Ohio.
Mr. BOEHNER. Mr. Chairman, I won't go through the spending problems
that we have and the debt problems we have, but in going through this
bill and asking the question--every line item in the budget--is this
spending so important that we are willing to ask our kids and grandkids
to pay for it?
I bring my colleagues' attention to a program called the
Transformation Initiative that is designed to train communities that
receive HUD funds on how to use the money.
Now, let me get this straight. We're going to spend $40 million,
money that we don't have, to train communities on how they can spend
our money.
I would think that if we are going to send money to a community that
we would know what the money is for, that the community would know what
it's for, and that spending $40 million to train them on how to spend
our money is a giant waste of time.
I urge my colleagues to support the elimination of the Transformation
Initiative and save our kids and grandkids $40 million.
I reserve the balance of my time.
Mr. OLVER. Mr. Chairman, I rise in opposition to the amendment
offered by the distinguished minority leader.
The CHAIR. The gentleman from Massachusetts is recognized for 5
minutes.
Mr. OLVER. The bill before us includes $40 million for HUD to provide
technical assistance to nonprofit organizations, cities, States on how
to use HUD funding efficiently and effectively.
The amendment removes every penny, every penny, of this technical
[[Page H6346]]
assistance funding from HUD. It is a meat axe amendment.
Cutting funding for technical assistance does nothing but make the
programs less effective, which I doubt is the gentleman's intent. In
fact, technical assistance is the only way that communities can
increase their capacity and improve program delivery to their
vulnerable populations who need assistance.
Technical assistance funding allows HUD to train communities' own
staff on the issues that most affect their particular population. For
example, technical assistance funds are used to enhance and inform
responses to the foreclosure crisis when HUD provides funding for
foreclosure counseling and renovating vacant homes.
These funds are responsive to need. They address broader social and
economic imperatives, such as the recent increase in the homeless
population, which has been brought on by the longest and deepest
recession since the Second World War.
To deny communities technical assistance is to render the HUD
programs less effective than they can and should be, and that, very
simply, slows down the recovery.
I urge a ``no'' vote on the gentleman's amendment.
Mr. BOEHNER. I yield myself the balance of my time.
I think the gentleman from Massachusetts makes my point for me. Why
would we be sending money to communities that don't have a plan to use
it, that may not use it effectively?
I would think before the decision is made to grant the funds to the
community that they would have demonstrated a need, they would have
demonstrated a capacity to use it effectively before the grant was
made. To provide $40 million for metrics, research, demonstrations,
innovation, technical assistance, and capacity building, why wouldn't
all of these things be in place before the grant was made?
In consideration for the future of my kids and maybe someday my
grandkids, I think this is spending that can be eliminated from this
bill.
I urge my colleagues to support the amendment.
I yield back the balance of my time.
Mr. OLVER. I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Ohio (Mr. Boehner).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. BOEHNER. Mr. Chairman, I demand a recorded vote, and pending
that, I make the point of order that a quorum is not present.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from Ohio will be postponed.
The point of no quorum is considered withdrawn.
The Chair understands that amendment No. 3 will not be offered.
Amendment No. 4 Offered by Mr. Boehner
The CHAIR. It is now in order to consider amendment No. 4 printed in
part A of House Report 111-578.
MR. BOEHNER. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 2, line 13, after the first dollar amount, insert
``(reduced by $1,600,000)''.
Page 2, line 20, after the dollar amount, insert ``(reduced
by $1,600,000)''.
The CHAIR. Pursuant to House Resolution 1569, the gentleman from Ohio
(Mr. Boehner) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Ohio.
Mr. BOEHNER. Mr. Chairman, we all know that we have a spending
problem. We all know that it has to start somewhere. Some may suggest
that these amendments I am bringing up are not going to solve the
problem.
But I will suggest that we have got to start this process somewhere.
We have got to find ways to eliminate wasteful spending that we all
know exists.
{time} 1500
This amendment addresses the creation of 11 bureaucratic positions
and six full-time equivalents for a budget office at the Department of
Transportation. Now I want to make sure I understand this; $1.6 million
to hire a bunch of bureaucrats to monitor the spending of agencies that
already have their own budget offices. This is the kind of redundant
spending that we just don't need to have.
Mr. OLVER. Will the gentleman yield?
Mr. BOEHNER. I would be happy to yield.
Mr. OLVER. The amendment by the distinguished minority leader would
cut the DOT budget office to below last year's funding level. Even
though I believe that these funds are needed at the department and that
we have added much new work to the load in the Department of
Transportation through the recovery legislation, with some misgiving, I
will, again, in an effort at comity and bipartisanship, accept the
amendment.
Mr. BOEHNER. I gratefully accept.
Mr. Chairman, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Ohio (Mr. Boehner).
The amendment was agreed to.
Amendment No. 5 Offered by Ms. Kaptur
The CHAIR. It is now in order to consider amendment No. 5 printed in
part A of House Report 111-578.
Ms. KAPTUR. Mr. Chairman, I have an amendment at the desk, please.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 77, line 4, after the dollar amount, insert ``(reduced
by $21,000,000)''.
Page 78, line 8, after the dollar amount, insert ``(reduced
by $21,000,000)''.
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available in this Act
under the heading ``Department of Housing and Urban
Development--Management and Administration--Executive
Direction'' may be used by the Secretary of Housing and Urban
Development for travel expenses.
The CHAIR. Pursuant to House Resolution 1569, the gentlewoman from
Ohio (Ms. Kaptur) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Ohio.
Ms. KAPTUR. Mr. Chairman, I offer this amendment on behalf of myself
and other Members, including Mr. Dennis Cardoza of California and Mr.
Jim Costa of California, as a way to awaken HUD from its cavalier
slumber. Essentially what we do is we take away HUD's travel budget.
The idea is that we want HUD to be aggressive in doing mortgage
workouts, not traveling all around the world at taxpayer expense.
Our Nation must aggressively confront the continuing hemorrhage of
mortgage foreclosures and dead real estate markets across this country.
We have not hit bottom in that market yet as the crisis spreads from
toxic subprime mortgages to solid mortgages held by the middle class.
But where is HUD? Housing workouts are impossible without them.
We know that Wall Street committed the perfect crime, executing the
largest transfer of wealth from Main Street to Wall Street by washing
out our middle class--over 7.5 million families are scheduled to lose
their homes--and then putting their bills, any losses that the Big Six
had up there on Wall Street, right back on our taxpayers, and then
being reimbursed by our taxpayers 100 cents on the dollar. Wall
Street's six megabanks, and we all know the names--Bank of America,
JPMorgan Chase, Wells Fargo, Citigroup, Goldman Sachs, HSBC--control
two-thirds of the wealth in our country now, including mortgages
twisted up in the moral hazard of securitization. Wall Street continues
to be rewarded as we stand here today and our citizens are disgorged
from their homes .
Rather than let HUD staff use our public dollars to travel to places
like Rio de Janeiro, when people in our country are working so hard to
try to work out these mortgages and the banks aren't answering the
telephones, let HUD use all of its power and authority to bring the
worst offenders and their buddies to focus their staff on doing
mortgage workouts in places like Toledo, Ohio, Cleveland, Boise, Idaho,
Las Vegas, Sacramento. We ought to be doing mortgage workouts, not
taking what look like vacations to Rio de Janeiro.
So I think our amendment is very straightforward. It basically sends
a
[[Page H6347]]
strong volley over to HUD. It asks them to do their job, to be
aggressive, and to really help us, as the American people, to resolve
this tremendous housing foreclosure crisis that is eating away at
communities from coast to coast and spreading as we stand here today.
Mr. Chairman, I reserve the balance of my time.
Mr. OLVER. Mr. Chairman, I claim time in opposition to this
amendment, but I don't plan to oppose it.
The CHAIR. Without objection, the gentleman from Massachusetts is
recognized for 5 minutes.
There was no objection.
Mr. OLVER. Because I recognize that while this amendment has been
signed by eight or 10 Members, that there are a good many other Members
who could have signed the amendment who have districts where anywhere
from 20 to 30, and sometimes even higher, percentages of all the
housing in those districts have either gone through foreclosure and
actually foreclosed, or are in foreclosure processes, or in a third
case--maybe it's a fourth case--are under water in the sense that the
value of their home is less, by sometimes substantial amounts, than the
remaining mortgage principle.
I understand that this amendment is designed to draw attention to the
national foreclosure crisis, which is still raging in too many
communities, and which began more than 3 years ago--actually, probably
the seeds were sown for the foreclosure crisis earlier in the decade,
and some would say all the way back into the 1980s, much more than a
decade ago.
I agree that more needs to be done to help families who are
struggling with foreclosure. I would hope that the Department of
Treasury, which has been spearheading the administration's efforts thus
far, would increase collaboration with the Department of Housing and
Urban Development and the FDIC and the newly-created Foreclosure Task
Force, which the gentlewoman and the other Members who are signers are
members of.
I believe the Secretary of HUD is the right person to be helping us
through this crisis. So I will be happy to work with the gentlewoman
and the other members of the task force in order to ensure that the
hardest hit areas of the country receiving funding through what are the
remaining sources of potential funding: Number one, the third round of
the Neighborhood Stabilization Program that was funded within the
financial services reform law signed just last week, and also the
remainder of funds that are to be brought back from the Neighborhood
Stabilization Program, which was first passed in 2008 in the HERA bill,
which clearly gave out more money than they were able to effectively
expend when that was given out later in 2008.
{time} 1510
In the end, this amendment cuts all travel, which would eliminate
critical oversight and the monitoring of housing programs for low-
income Americans. I know that is not the intent of the gentlewoman or
of the other signers of the amendment. I am willing to accept the
gentlewoman's amendment as offered at this time. Going forward, I will
work with the gentlewoman and with the signers of the amendment to
ensure that housing for low-income individuals is not jeopardized down
the road.
I reserve the balance of my time.
Ms. KAPTUR. I thank the chairman very much for his very helpful
offer.
I would inquire of the Chair how much time I have remaining.
The CHAIR. The gentlewoman from Ohio has 2\1/2\ minutes remaining.
Ms. KAPTUR. Mr. Chairman, I want to state for the Record that
Congressman Dennis Cardoza, the main author of this amendment, will be
speaking as well as Congressman Jerry McNerney of California and
Congressman Jim Costa of California.
I yield the remaining 2\1/2\ minutes to the gentleman from California
(Mr. Cardoza) to use and then to share with our other two colleagues.
The CHAIR. The gentlewoman from Ohio must control the time.
Ms. KAPTUR. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from California (Mr. Cardoza).
Mr. CARDOZA. I would like to thank Ms. Kaptur for calling up my
amendment. It beat us a little bit in our anticipation of its coming
forward.
Mr. Chairman, I will tell you simply that the HUD programs have not
worked for the central valley of California. The foreclosure programs
by HUD have not worked for the United States people. Many of us in
Congress warned the administration that they wouldn't work, and they
continued to pursue them in any case, and they have simply failed the
job.
Thirty percent of the housing units in my district have been
foreclosed on. It is unconscionable that we could not have done more to
step in and assist the people of my district, of the people of
California, of Ohio, of Florida, and of Nevada. I think that the
Secretary should give his full attention to this problem. Last March,
he took a trip to Rio de Janeiro, Brazil. He took a whole delegation on
an international housing study conference. I think he should have
stayed right here in the United States and focused on the problems of
the millions of Americans who are losing their homes.
So, Mr. Chairman, I think it is time for HUD to stay at home and to
do their jobs. If it requires us to eliminate their travel funds in
order to get their attention to focus on the housing crisis, so be it.
The CHAIR. The time of the gentleman has expired.
Ms. KAPTUR. Mr. Chairman, Congressman Costa has offered his 30
additional seconds to Congressman Cardoza.
The CHAIR. The gentlewoman from Ohio must control the time.
Ms. KAPTUR. Mr. Chairman, I yield an additional 30 seconds to the
gentleman from California (Mr. Cardoza).
Mr. CARDOZA. I won't take all of that time, Mr. Chairman.
I will just ask my colleagues on both sides of the aisle to join me
in sending a strong message to the Department of Housing and Urban
Development that the foreclosure programs they have put in place have
not worked for America. They need to get the message sooner rather than
later because people are losing their homes every single day while they
dawdle.
Mr. OLVER. Mr. Chairman, may I inquire of the time I have remaining?
The CHAIR. The gentleman from Massachusetts has 1 minute remaining.
Mr. OLVER. I yield my remaining 1 minute to the gentleman from
California (Mr. McNerney).
Mr. McNERNEY. I rise today in strong support of the amendment under
consideration, and I would like to recognize Mr. Cardoza for his work
on this issue.
Mr. Chairman, we both represent parts of the San Joaquin Valley, with
Mr. Costa, which unfortunately has experienced some of the highest
foreclosure rates in the Nation. It is long past time for this
administration to develop effective measures to alleviate this crisis.
Their efforts to date have fallen far short, and I hear from too many
people who are in desperate need of help and who continue to suffer
from unfair banking practices.
This amendment is meant to deliver a clear message to Secretary
Donovan and to senior HUD officials: Get to work and find real
solutions.
The administration knows that families are on the verge of losing
their homes and that businesses' and workers' economic futures depend
on the recovery of the housing market.
The CHAIR. The gentleman from Massachusetts has 15 seconds remaining.
Mr. OLVER. Mr. Chairman, I yield 15 seconds to the gentleman from
California (Mr. Costa).
Mr. COSTA. Mr. Chairman, I rise today to support the amendment by Mr.
Cardoza.
The administration needs to reset its housing policy. It is not
working. Foreclosure rates are above and beyond the call in the San
Joaquin Valley. We need to do a better job.
I rise today to support the amendment offered by my friend
Representative Cardoza, to strip travel funding from the Department of
Housing and Urban Development.
This amendment is in response to the ongoing nationwide foreclosure
crisis, which has been extremely devastating to my district in
California. This administration's efforts have not worked in the San
Joaquin Valley, where many families continue to lose their homes.
This amendment forces HUD to cease their travel, while they properly
address this nationwide crisis.
The CHAIR. The gentlewoman from Ohio has 45 seconds remaining.
Ms. KAPTUR. I thank the gentleman for yielding me the remaining time.
[[Page H6348]]
Mr. Chairman, I just want to thank Congressman Cardoza, who really
has lived this mortgage foreclosure hell with the people of his region.
I also thank Congressman McNerney, Congressman Costa, and all of these
Members from California who have stood up here today to try to put the
brake on over there at HUD and say, ``Hey, wait a minute. Pay attention
to what is happening across California,'' and I must say across Ohio,
Pennsylvania, Nevada, Idaho--all of these States where the middle class
is being washed out and where our money and our equity from our homes
is being transferred to Wall Street, which now controls two-thirds--six
banks--of the wealth of this country.
Something is fundamentally wrong. HUD has to stand up and do its job.
We offer our amendment in all good faith, and we just say to Secretary
Geithner over at Treasury: Wait until the Treasury bill comes on the
floor. There is more to come.
I want to thank the chairman of the Transportation, Housing and Urban
Development Subcommittee for his graciousness and willingness to work
with us as we stand up for Americans who are facing foreclosure.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from Ohio (Ms. Kaptur).
The amendment was agreed to.
Parliamentary Inquiries
Mr. LaTOURETTE. Mr. Chairman, I have a parliamentary inquiry.
The CHAIR. The gentleman may state his parliamentary inquiry.
Mr. LaTOURETTE. Mr. Chairman, on page 56 of the bill currently under
consideration, at the bottom, beginning with the last partial word on
line 19 and then proceeding through lines 1 through 4 on page 57, it
constitutes legislation and authorizing on an appropriations bill in
that it creates a new program, basically a grants program to the
Secretary of Transportation. It sets a dollar amount of $250 million,
and it further has a limitation clause in terms of the time when that
would become effective.
I am aware that the rule waives all points of order against this
legislation for violations of rule XXI, paragraph 2(a). I would assert
in my parliamentary inquiry that this, in fact, is a violation of the
House rules that the Rules Committee has waived. I am aware of that.
Yet it is my understanding that the precedents of the House indicate
that, when a legislative provision is inserted into an appropriations
bill and that piece of authorizing language is permitted to go--
offending the House rules either by the fact that nobody from the
authorizing committee gets up and makes a point of order against the
provision that violates the rules or if the Rules Committee, as they
have done in this case, issues a blanket waiver, waiving all violation
of that particular section of the House rules--that it then ripens, and
only at that moment in time does it ripen, which is when the rule is
adopted or when the provision is read and a member of the authorizing
committee doesn't stand up and exercise his or her committee's
jurisdiction. It then ripens for there to be a perfecting amendment.
I am further aware that the rule by which this bill came to the floor
also only makes in order 24 amendments, not the historic open rule
under an appropriations bill.
So my question to the Chair is: At what moment in time would it be
appropriate to offer a perfecting amendment to the language that I have
just indicated, which is on pages 56 and 57, in light of the fact that
this matter only ripened when the rule was passed?
Just by way of making an observation before the Chair gives its
answer, if you think about the operation of this rule, there are no
perfecting amendments available to authorizing language in a bill until
such time as the House has permitted the offense.
{time} 1520
The House didn't permit the offense, that is, the waiver of its
rules, until the Rules Committee was successful in achieving the
passage of this rule.
So my parliamentary inquiry is, when would a Member who might be
interested in modifying or perfecting this offending language, in
violation of the House rules, have the opportunity to do that?
The CHAIR. Any amendment not specified in the report of the Committee
on Rules would be precluded.
Mr. LaTOURETTE. If I may ask a further parliamentary inquiry.
The CHAIR. The gentleman is recognized for further inquiry.
Mr. LaTOURETTE. Just so I am clear on the Chair's ruling, and that is
that when the Rules Committee passes a rule waiving the rules of the
House and protecting language that is clearly in violation of House
rule XXI (2)(a), if the Rules Committee further compounds that by
announcing a rule that only a certain subset of amendments are going to
be made in order, that no Member, not just majority Members, or the
chairman, no Member of this House has the opportunity to do anything
about that offending language. Am I correct in that?
The CHAIR. House Resolution 1569 waives points of order against
provisions of the bill for failure to comply with clause 2 of rule XXI
and specifies the amendments that may be offered.
Mr. LaTOURETTE. Further parliamentary inquiry. That was a long
sentence. I think the answer to my question was yes.
The CHAIR. The gentleman is correct that neither a point of order nor
an amendment is available for that purpose.
Amendment No. 6 Offered by Mr. Arcuri
The CHAIR. It is now in order to consider amendment No. 6 printed in
part A of House Report 111-578.
Mr. ARCURI. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 80, line 6, after the dollar amount, insert ``(reduced
by $2,978,450)''.
The CHAIR. Pursuant to House Resolution 1569, the gentleman from New
York (Mr. Arcuri) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New York.
Mr. ARCURI. Mr. Chairman, I rise in support of my amendment to H.R.
5850, the Transportation, Housing and Urban Development Appropriations
Act, which would reduce funding for HUD's Office of Policy Development
and Research by nearly $3 million, which is 2.5 percent below the
amount currently appropriated in fiscal year 2010.
The Office of Policy Development and Research performs policy
analysis, research, surveys, studies and evaluations on housing----
Mr. OLVER. Will the gentleman yield?
Mr. ARCURI. I yield to the gentleman.
Mr. OLVER. I understand that this amendment will reduce funding for
policy development and research staff at HUD by $2,978,450. Even
though, as I've said earlier in comments to the distinguished minority
leader, that I believe strongly in the role of research, I will, with
some misgiving, accept the gentleman's amendment.
Mr. ARCURI. I reserve the balance of my time.
Mr. LATHAM. Mr. Chairman, I would like to claim the time in
opposition.
The CHAIR. The gentleman from Iowa is recognized for 5 minutes.
Mr. LATHAM. While I am not in opposition to the gentleman's
amendment, I would like to yield such time as he may consume to the
gentleman from Ohio (Mr. LaTourette).
Mr. LaTOURETTE. On this particular amendment, Mr. Arcuri, I
congratulate you as a thoughtful member of the Transportation and
Infrastructure Committee for coming up with a beautiful amendment
that's apparently going to be adopted by both sides.
Now that I've talked about the amendment, I want to talk about the
parliamentary inquiry that I asked a few minutes ago, and discuss
what's at stake here, and ask the distinguished chairman of the
subcommittee to reconsider what I consider to be a sad decision.
We spend a lot of time talking about jobs in this place. Some people
say they're creating jobs; others say they're not. A lot of people are
wandering around saying, where are the jobs.
But at the end of the day, what is immutable, or what is irrefutable,
and I believe it's included in the Committee's report on this bill, is
that all across the country, in 84 percent of the transit authorities
in this Nation, because of the way that the current formula is
structured, transit companies
[[Page H6349]]
around the country have plenty of money to buy buses. They don't have
any money to hire or retain people to drive them.
And the last total that I saw since this situation began is that
10,000 people, 10,000 Americans who work for transit companies and
drive buses in this country, and rail cars and everything else, are
currently out of work.
Now, the transit authorities of this country have come to our
attention, and I assume they've visited all Members on the Hill that
have transit authorities and they have said, you know what? Just for
this year, if we could take some of that capital improvement money that
we have sitting around, it's stupid for us to buy a new bus because we
don't have enough people to drive the buses that we currently have. And
so, if we could just take the cost of fuel and move it from the
operations side over to the capital side, we could bring back the
people that we have laid off.
So it boggles the mind. And when I offered this in the subcommittee,
the chairman shot it down. When I offered it in the full committee, the
chairman had a substitute amendment that causes the offending language
to rule XXI(2)(a) that's contained on pages 56 and 57.
And let me just tell you why anybody that cares about a transit
worker in this country should be upset by this substitute language.
First of all, it's $250 million. It doesn't help every transit
authority in the country. It makes it a grant program. So Secretary Ray
LaHood can choose, pick and choose, which transit authorities across
the country he would choose to participate in this grant program.
But worse than that is the restrictive language that indicates that
it only goes into effect if the highway bill comes into play on or
before September 30 of 2011.
Now, Mr. Chairman, I spent 12 years on the Transportation and
Infrastructure Committee, and I know how the highway bill works. I
participated in writing two of those highway bills.
The President of the United States, through his Secretary, has
indicated they don't even want to talk about the reauthorization until
March of 2011. Now, even if Jim Oberstar, who is a skilled chairman and
has the able assistance of people like Mr. Arcuri, is able to work a
miracle and put on this floor the reauthorization, and the Senate ever
gets their act together enough to pass such a thing and have it signed
by the President of the United States, you are looking now at October,
November, December, January, February, and March.
Why don't we care enough to put down the partisan nonsense and simply
say we care about the 10,000 transit workers in this country who are
out of work.
It doesn't spend any more money. It has all the incentives of the
green fuel initiatives that, actually, the champion of this thing is
Mr. Carnahan of Missouri, has a bill with a lot of cosponsors on it.
Why we wouldn't do that and, instead, hide behind rule XXI (2)(a), hide
behind the rule that's been produced by the Rules Committee. Why don't
you let these people come back to the work?
The majority and the President of the United States, with the signing
of this bill, could claim credit for creating or saving 10,000 jobs
with the stroke of a pen. I don't know why we do it.
Mr. LATHAM. I yield back the balance of my time.
Mr. ARCURI. Mr. Chairman, I would just like to point out that the
language that the gentleman from Ohio is referring to was not the
language of our amendment, the amendment that I have offered.
I would like to thank the chairman for accepting my amendment. And
the only point that I would like to make is that, clearly, the Office
of Policy and Development does a very good job, and we want to continue
to work. But we felt that our cut was something that would be helpful.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from New York (Mr. Arcuri).
The amendment was agreed to.
{time} 1530
Amendment No. 7 Offered by Mr. Perlmutter
The CHAIR. It is now in order to consider amendment No. 7 printed in
part A of House Report 111-578.
Mr. PERLMUTTER. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 44, line 21, after the dollar amount, insert
``(reduced by $50,000,000)''.
Page 44, line 25, after the dollar amount, insert
``(reduced by $50,000,000)''.
Page 45, line 6, after the dollar amount, insert ``(reduced
by $50,000,000)''.
The CHAIR. Pursuant to House Resolution 1569, the gentleman from
Colorado (Mr. Perlmutter) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Colorado.
Mr. PERLMUTTER. Mr. Chair, I first want to commend Chairman Olver and
Ranking Member Latham and the other members of the subcommittee for
putting forth a good bill which makes wise investments in our Nation's
transportation systems, our housing industry, and our urban
development, investments which will go a long way toward helping
America return to a prosperous future.
But today I offer an amendment which saves the American people $50
million by cutting a Federal grant program which few States, if any,
will participate in this year. It's a small step toward deficit
reduction, but it is a wise step. I want to say at the onset I support
every man, woman, and child using seatbelts. They save lives and reduce
health care costs.
Most States have done the right thing and passed laws which make it a
traffic violation to not wear a seatbelt. This means if a law
enforcement officer sees someone in a car not wearing a seatbelt, they
can pull that person over just for that offense. The Safety Belt
Performance Grant program this year will spend up to $124.5 million as
incentives for States to pass such laws. Thirty-seven States and
territories already have those laws. They've already received their
one-time payments under the program. But for the remaining States, the
incentive program generally does not seem to be attractive or workable.
Rightly or wrongly, most States which don't have these primary
seatbelt laws don't seem to want to pass these new laws. So why, after
5 years, do we continue to fully fund a program under which only a
couple of States might get money? My amendment cuts this program by $50
million, leaving about $75 million. So if a few States do pass new
enhanced seatbelt laws, NHTSA will provide them the grants as intended.
But my amendment cuts the excess, which almost certainly won't be spent
this year.
I appreciate the hard work of the subcommittee, and urge my
colleagues to adopt this amendment.
I reserve the balance of my time.
Mr. OLVER. I claim time in opposition, though I am not opposed to the
amendment.
The CHAIR. Without objection, the gentleman from Massachusetts is
recognized for 5 minutes.
There was no objection.
Mr. OLVER. I appreciate the work the gentleman has done, and I accept
the amendment.
I yield back the balance of my time.
Mr. PERLMUTTER. I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Colorado (Mr. Perlmutter).
The amendment was agreed to.
Amendment No. 8 Offered by Mr. Latham
The CHAIR. It is now in order to consider amendment No. 8 printed in
part A of House Report 111-578.
Mr. LATHAM. I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. The amounts otherwise provided in this Act for
the following accounts and activities are hereby reduced by
the following amounts:
(1) ``Department of Transportation--Office of the
Secretary--National Infrastructure Investment'',
$400,000,000.
(2) ``Department of Transportation--Federal Railroad
Administration--Capital Assistance for High Speed Rail
Corridors and Intercity Passenger Rail Service'',
$400,000,000.
[[Page H6350]]
(3) ``Department of Transportation--Federal Transit
Administration--Administrative Expenses'', the amount
specified in the first proviso for safety oversight
activities, $24,139,000.
(4) ``Department of Transportation--Federal Transit
Administration--Capital Investment Grants'', $177,888,000.
(5) ``Department of Housing and Urban Development--Public
and Indian Housing--Public Housing Capital Fund'', the
aggregate amount, $455,800,000.
(6) ``Department of Housing and Urban Development--Public
and Indian Housing--Native American Housing Block Grants'',
the aggregate amount, $120,000,000.
(7) ``Department of Housing and Urban Development--
Community Planning and Development--Brownfields
Redevelopment'', $17,500,000.
(8) ``Department of Housing and Urban Development--
Community Planning and Development--HOME Investment
Partnerships Program'', $175,000,000.
(9) ``Related Agencies--Neighborhood Reinvestment
Corporation--Payment to the Neighborhood Reinvestment
Corporation'', the amount specified in the first proviso for
capital grants to rehabilitate or finance the rehabilitation
of affordable housing units, $35,000,000.
The CHAIR. Pursuant to House Resolution 1569, the gentleman from Iowa
(Mr. Latham) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Iowa.
Mr. LATHAM. Mr. Chairman, I would hope that since we've done very
well in accepting these amendments this would be one that the chairman
would accept also. I know how supportive he is of this. But I really
would hope that we could find some consensus and common ground on
cutting spending in this House.
My amendment would reduce or eliminate funding for programs--
President Obama, again, this is what President Obama has said and has
signaled--that have adequate funding, or there is funding in this bill
that's duplicative of other Federal programs. And again, we are just
going to what the President asked for, or cutting programs that were
not requested, and certainly are not even authorized.
This amendment would save the taxpayer $1.8 billion, without going
under the President's budget on any of the accounts targeted for the
reduction. The reduction of $1.8 billion would make this bill simply
just 3.4 percent lower than the fiscal year 2010 level. And you
remember that bill was 23 percent higher than the year before that. And
it would send an important message, I think, to the American people
that Congress can take care of the Nation's housing and transportation
needs without further jeopardizing our Nation's fiscal health.
I would hope that my colleagues would join me in cutting this mere
three cents on the dollar out of this bill, with an attempt to put this
bill back on the path towards fiscal responsibility.
I reserve the balance of my time.
Mr. OLVER. I rise in opposition to the amendment.
The CHAIR. The gentleman from Massachusetts is recognized for 5
minutes.
Mr. OLVER. This amendment would cut $1.8 billion in areas that
include important increases above the President's budget. And let me
simply remind people that our budget, as brought forward, is $1.3
billion below the President's request. This amendment proposes to
remove another $1.8 billion. It is the legislative branch's clearly
stated constitutional responsibility to appropriate the proper
allocation of resources. And that responsibility must not be ceded to
the executive branch.
This amendment would result in cuts to a number of programs that are
critical to creating jobs, increasing transportation safety, and
restoring support to programs serving vulnerable Americans across the
country. It removes $400 million from the TIGER grant program, where
for the $1.5 billion Recovery Act TIGER grant program, the requests
coming from all of the 50 States were almost $57 billion, showing how
much this kind of infrastructure was needed. This funding would have a
positive impact on the economy, create thousands of jobs, and occur
over a several-year period, thereby serving as a slow release remedy to
keep the recovery going as it ought to do.
The amendment also cuts $400 million from the high-speed rail
program, which is designed to continue building a high-speed passenger
rail network. This again would create jobs and help reinvigorate our
manufacturing base. That again, for moneys for appropriations in the
Recovery Act, received 259 applications totaling $56 billion for the $8
billion it was provided in the Recovery Act. And the additional moneys
are needed to keep investments, not that we put investments in in these
places and don't actually produce something, that those continue so
that you can complete jobs that will allow more high-speed rail
programs in this country, as others have already spoken of.
The amendment would cut $178 million from the FTA's capital
investment funds, the New Starts and Small Starts program, cut that
back to the 2010 level. It would cut $24 million from FTA's safety
activities, if those are authorized. And I need to point out that while
the funds are only available to the FTA if the authorizing legislation
is enacted, the need for additional transit safety oversight is
immense. We have had several accidents on several of our major transit
systems. And DOT needs the ability to hire safety personnel to provide
oversight.
The amendment would cut $456 million from the Public Housing Capital
Fund. Again, that supports renovation and construction of public
housing units, where there is a backlog of $25 billion in needs that
have been identified in that program.
It would cut $175 million from the HOME Investment Partnerships
Program to restore funding to the 2010 level. The HOME is the largest
Federal block grant to State and local governments designed exclusively
to create affordable for low-income households.
{time} 1540
It is a homeownership program for low-income households. We can't
afford to cut these programs, and I urge my colleagues to vote ``no''
on this amendment. All of these are job-creating investments in our
infrastructure and provide critical construction jobs in an industry
that has been decimated.
While they are not all fast release, they are long-term remedies, as
I suggested, for the longest recession since World War II.
Mr. LATHAM. I yield myself such time as I may consume.
I appreciate the gentleman's concern for spending. I just wanted to
see if we could just step back for a second.
We're going to have a $1.47 trillion deficit this year. Forty-three
cents on every dollar that we're spending is borrowed money, and our
kids, our grandchildren are going to have to pay for it--or our great-
great-grandchildren, the way we're going--and it simply is not
sustainable.
This is an extraordinarily modest amendment, and the gentleman says
this is critical funding, absolutely necessary, that we have to fund
these things. Maybe you should tell your President, the President of
your own party, that he should have asked for these things. These are
not my reductions. This is what the President says is needed for these
programs, the high-speed rail. There's a billion dollars in this bill--
would be after the cut. He's got $1.4.
We're taking $400 million out of it. The President asked for a
billion dollars. He's had $12 billion, in total, with $8 billion in the
stimulus package, $2.5 billion last year, another billion dollars this
year. And the money hasn't been spent yet, hasn't even been allotted or
a contract signed. There is no need for this spending here to have
current contracts go on. It just goes beyond rationale, as far as I'm
concerned.
When we are digging ourselves in a financial hole like we are and we
continue to keep digging, why don't we say, Stop, let's cut some
spending.
This is a very modest cut that the President didn't request, and
several of these programs are not even authorized or requested by the
President. I mean, I guess it's great if we just go ahead as the
Appropriations Committee, say, the heck, we don't need to have
authorization for anything. Actually, this whole bill, there's very
little that actually is authorized in this bill.
Does anybody go home and listen anymore? Listen to your constituents
and hear what they're saying. Can we afford this kind of spending? No,
we cannot. If we'll listen and do what the people are telling us to,
and that's to modestly reduce spending, cut spending. And if we can't
do it here on this very small amendment on this huge
[[Page H6351]]
bill, we're never going to save our fiscal future for our kids and our
grandchildren.
Mr. OBERSTAR. Mr. Chair, I rise in strong opposition to the amendment
offered by the gentleman from Iowa (Mr. Latham) which lowers or
eliminates funding for many important transportation grants provided by
this Act.
The amendment would lower the amount provided for transit Capital
Investment Grants, known as New Starts, which fund much needed rail and
bus rapid transit systems.
New Start grants create public transportation systems that transform
our communities by improving the mobility of a region, reducing
congestion on the roadways, decreasing our dependence on oil, and
increasing accessibility to work, schools, hospitals, and home.
If Americans rode public transit at the rate of 10 percent of daily
travel, the U.S. would reduce its dependence on imported oil by more
than 40 percent--equivalent to all the oil we import from the Persian
Gulf. This funding for new transit systems should be increased, rather
than decreased, and I oppose this amendment.
Moreover the amendment would eliminate $400 million from the high-
speed and intercity passenger rail investment program.
The Passenger Rail Investment and Improvement Act of 2008 (PRIIA)
(Public Law 110-432, Division B) created two new Federal-State matching
grant programs to provide capital assistance to States and Amtrak for
development of high-speed and intercity passenger rail. PRIIA also
created a congestion grant program, which authorized $325 million over
four years for grants to States for eliminating chokepoints on the
freight rail network to help reduce congestion and facilitate ridership
growth on intercity passenger rail.
The American Recovery and Reinvestment Act of 2009 (Recovery Act)
(Public Law 111-1) built upon the three programs created by Congress in
the 2008 law, and provided $9.3 billion in capital grants for
investment in high-speed and intercity passenger rail. The Department
of Transportation is now in its second round of soliciting grant
proposals. For the first round of grants, the Federal Railroad
Administration (FRA) received 259 grant applications from 37 States and
the District of Columbia requesting nearly $57 billion in funding--far
exceeding the initial $8 billion available under the Recovery Act.
In total, 79 applications from 31 States were selected for funding.
In fact, the gentleman's (Mr. Latham) home State of Iowa received
funding from FRA to conduct Alternatives Analysis and an Environmental
Assessment, and to finalize a service development plan for passenger
rail service from Chicago, Illinois to Omaha, Nebraska.
In addition, Amtrak is using its Recovery Act grants to invest in
much needed Americans with Disabilities Act improvements to make
stations in Preston, Ft. Madison, Mt. Pleasant, Osceola, Burlington,
and Ottumwa, Iowa, accessible to persons with disabilities.
I urge Members to oppose this amendment.
Mr. LATHAM. I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Iowa (Mr. Latham).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. LATHAM. Mr. Chairman, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from Iowa will be postponed.
Amendment No. 9 Offered by Mr. DeFazio
The CHAIR. It is now in order to consider amendment No. 9 printed in
part A of House Report 111-578.
Mr. DeFAZIO. I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Insert at the end of the bill (before the short title) the
following:
Sec. 420. None of the funds appropriated or otherwise made
available under this Act may be used to implement section 124
except as authorized by law after the date of enactment of
this Act.
The CHAIR. Pursuant to House Resolution 1569, the gentleman from
Oregon (Mr. DeFazio) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Oregon.
Mr. DeFAZIO. I yield myself such time as I may consume.
We need a 21st century transportation policy for America. We need to
move beyond the constipated transportation policies of the Bush era
that are allowed and have allowed our system to deteriorate: 150,000
bridges on the Federal system in need of substantial replacement or
repair; transit systems with an $80 billion backlog for equipment.
They're running obsolete railcars right here in the Nation's Capital
that are killing people. They should have been retired years ago. They
need to be replaced. We have frustrated commuters wasting hundreds of
thousands of hours and billions of gallons of fuel caught in
congestion; businesses and industries crying out they need help for
just-in-time delivery and their trucks are delayed and detoured.
On October 1, we were supposed to do a 6-year bill to direct the
investment in the system and enhance the investment. And that bill
would have included a major new program for metropolitan mobility and
access and had an office of livability. But the Obama administration
stopped the bill, and they've refused to come to the table and discuss
how we can move forward and make these needed investments.
But now the Secretary would like a little cherry, which would be like
an office of livability, not defined, and he'd like $200 million, at
his discretion, whatever he defines livability as, to give grants to
whomever he wishes under whatever criteria he might, in the future,
propose.
Now, this would be, given the state of disrepair of our system and
the deterioration of our system, a lot like buying a brand new tire and
rim to put on a junk car that's up on blocks. It's not going to get
anybody anywhere. It's not going to meaningfully address the problems
of the system. We need a comprehensive approach.
I reserve the balance of my time.
Mr. OLVER. I rise to claim time in opposition to the amendment.
The CHAIR. The gentleman from Massachusetts is recognized for 5
minutes.
Mr. OLVER. I yield 1 minute to the gentleman from Iowa (Mr. Latham).
Mr. LATHAM. I thank the gentleman very much and for claiming time in
opposition while I'm supporting the amendment.
I rise in support of the DeFazio amendment for two reasons:
First, with the stresses on the Highway Trust Fund and the dependence
of our States on the moneys from that fund, we're violating our
fiduciary responsibilities by granting authority to take $200 million,
much-needed dollars, out of the trust fund for a program that has yet
to be defined legislatively or otherwise.
Second, as noted in the minority views of the report accompanying
this bill, the concept of livable communities is just that. It's a
concept. I've never seen the definition of a livable community. There's
nothing defined of what a ``livable community'' is.
The initiatives that would be funded under this concept with the $200
million involve activities that are rightly part of the jurisdictions
of State and local governments and metropolitan planning commissions.
And again, I would rise in strong support of this amendment.
Mr. WU. Mr. Chair, I rise in strong support of my friend and
colleague, Peter DeFazio's amendment.
In answer to the ranking member's inquiry, I just want to say that
the definition of a livable community is Portland, Oregon.
I support livability, and from the beautiful and livable State of
Oregon, I know what it means for communities to adopt livability
standards into their transportation planning. It means more stable
economies, integrated transportation systems, and walkable streets. It
means jobs.
We are now 10 months past the expiration of the past highway bill,
and the administration has yet to provide Congress with an
authorization proposal or even to submit its long-promised
authorization principles.
All they offer are extension after extension.
By doing this they are ignoring high-wage, middle-class, private-
sector jobs generated by transportation and livability projects and
engaging in legislative ``end arounds'' to spend scarce taxpayer
dollars with no congressional or other needed oversight.
Mr. OLVER. Mr. Chairman, I yield back the balance of my time.
Mr. DeFAZIO. Mr. Chairman, it's my understanding that the chairman is
going to accept the amendment.
Mr. OLVER. That is correct.
Mr. DeFAZIO. Given that, Mr. Chairman, I yield back the balance of my
time.
The CHAIR. The question is on the amendment offered by the gentleman
from Oregon (Mr. DeFazio).
The amendment was agreed to.
Amendment No. 10 Offered by Mr. Culberson
The CHAIR. It is now in order to consider amendment No. 10 printed in
part A of House Report 111-578.
[[Page H6352]]
Mr. CULBERSON. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. Appropriations made in this Act are hereby
reduced in the amount of $12,400,000,000.
The CHAIR. Pursuant to House Resolution 1569, the gentleman from
Texas (Mr. Culberson) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. CULBERSON. The Congressional Budget Office just released a report
this week which shows we are on the brink of an unprecedented debt
crisis in this Nation which could, in and of itself, trigger a new
financial crisis because, if the credit markets become concerned that
we, as a Nation, may be overstretched and unable to repay in full the
unprecedented national debt that's out there owned by the public, owned
by sovereign wealth funds, the credit markets will turn on us very
quickly as they did in Greece, as they did in Argentina and in others
nations.
Moody's has even warned because of the excessive spending by this
President and by this Congress, Moody's has estimated we might, as a
Nation, lose our AAA bond rating by 2018, perhaps as early as 2013.
Constitutional conservatives such as myself have been working hard to
find ways to save money, to bring the spending levels under control to
avoid crushing our children under the load of debt, the deficits. The
burden that these levels of debt and deficit will impose on our kids
will undoubtedly result in massive tax increases, dramatic cuts in
social programs. And every chance we get, Mr. Chairman, on every bill,
we want to try to do what we can to save money.
{time} 1550
And so my amendment today would cut the total spending level in this
bill by 18 percent. Remember that this legislation, the transportation
appropriations bill, received a 23 percent increase in fiscal year
2010; that the stimulus bill--which I voted against as all borrowed
money--the stimulus bill puts $62 billion into transportation. Of that
$62 billion, there's still $10 billion unspent. I understand, Mr.
Chairman, that the gentleman from Texas (Mr. Neugebauer) has got an
amendment later to take that $10 billion of unspent transportation
money from the stimulus bill and return that to the taxpayers to reduce
the deficit.
My amendment is offered today to cut $12 billion out of this
transportation bill. I would prefer to send it back to subcommittee,
Mr. Chairman, and let Chairman Olver and my distinguished ranking
member have a chance to decide where to cut it; but this is an 18
percent across-the-board cut, an important step moving back towards a
balanced budget.
A constitutional conservative majority if elected to this Congress in
November will, beginning in January, get this Nation back on track to a
balanced budget by imposing strict spending discipline everywhere we
can. This amendment is designed to begin that process. The current
level of debt out there today owned by the public, by sovereign wealth
funds, exceeds $13 trillion. It's unprecedented, it's dangerous, and
it's unacceptable to burden our children with this level of debt. And
since our transportation programs just got a $62 billion increase in
the stimulus, since our transportation programs just got a 23 percent
increase in fiscal year 2010, surely we can cut $12 billion out of this
bill and save our kids and prevent our children and grandchildren from
paying that off. Because every dollar we spend here today is borrowed
money. One hundred percent of the money brought into the Treasury in
revenue goes right out the door for Social Security, Medicare, Medicaid
and interest on the national debt. This is borrowed money, Mr.
Chairman. I would move passage of the amendment.
I reserve the balance of my time.
Mr. OLVER. Mr. Chairman, I rise in opposition to the amendment.
The CHAIR. The gentleman from Massachusetts is recognized for 5
minutes.
Mr. OLVER. Thank you, Mr. Chairman.
I rise in strong opposition to the amendment. Actually this is about
the worst kind of amendment that you can have, because it provides no
indication of priorities whatsoever. It just cuts everything in the
whole government an equal percentage amount and gives no priority
indication whatsoever.
Let me tell you what this amendment ends up doing. In the Department
of Housing and Urban Development, this amendment would mean a reduction
of more than $3 billion for section 8 tenant based vouchers. Simply,
that means that about 450,000 of this country's lowest income citizens
would no longer be able to afford their monthly rent.
In addition, the project based section 8 program would see about a
$1.7 billion reduction in it, resulting in hundreds of thousands of
Americans there unable to afford a roof over their head. Homelessness
would be increased dramatically and more Americans would require
assistance through HUD's homeless program. Unfortunately, the homeless
program would itself be receiving a massive cut of nearly $400 million,
making service at the current levels quite impossible, at the same time
that we would be creating more homeless people.
In the Department of Transportation, this amendment would eliminate
more than $3 billion worth of funding from the Federal Aviation
Administration. That would just about assure a part-time air traffic
control system which would put us in severe safety jeopardy. Add to
that the more than $2 billion which would be cut from the Federal
Transit Administration, eliminating some of the best transportation
options that are available to millions of Americans, and everyone here
can begin to truly see the repercussions of this amendment.
Fiscal prudence simply cannot mean turning hundreds and hundreds of
thousands of people out of their homes, eliminating almost a quarter of
a million jobs, and creating real transportation safety concerns.
This bill is wisely balanced to meet the needs of citizens within
current fiscal constraints. In fact, Mr. Chairman, I am asking you a
question if I may: Is this amendment--since I am supposed to address
all comments through the Chair--is this amendment deliberately designed
to prolong the great recession and send America back into a double dip
recession or a great depression? Because that's what happened. In the
Great Depression, we went into a double dip recession, or a depression,
and ended up with that depression lasting at least twice as long as it
otherwise would have.
I reserve the balance of my time.
Mr. CULBERSON. Mr. Chairman, listening to the way the Democrats
approach this issue and every issue on spending, I am reminded of
Winston Churchill's comment that trying to tax and spend yourself into
prosperity is like a man trying to raise himself up while standing in a
bucket. It is illogical, it is disproven by history, that you can raise
taxes and expect the economy to improve. It is illogical. It defies
historical fact to say you're going to take money away from one group
of people and spend it somewhere else and increase prosperity.
This amendment is a modest 18 percent cut in a bill that has seen a
23 percent increase in fiscal year '10 in programs that got $62 billion
additional funding through the stimulus, of which $10 billion is still
sitting there unspent. How much is enough? I am still waiting to meet
the first Democrat that says, ``That's enough money. Don't spend any
more.'' I'm still waiting. I've not met him yet. There is never enough
money. There is always some need out there that needs to be filled, but
no better way to meet that need than to increase prosperity by letting
average Americans keep more of their own hard-earned money to invest
and spend and save as they wish, to let business owners hire people by
giving them the certainty that their taxes aren't going to go up and
they're not going to be torn apart by trial lawyers and they're not
going to be buried by the cost of unions.
We need as a Nation to lift up the whole economy by spending less
money in Washington. We need to cut taxes and cut spending. And if we
can't cut 18 percent here in a bill that's got a 23 percent increase
and got a 90 percent increase last year, where can we cut?
The CHAIR. The time of the gentleman has expired.
[[Page H6353]]
Mr. OLVER. Mr. Chairman, the gentleman has made some comments. He is
entitled to his opinions, but he cannot create his own history.
He has said that history shows that you cannot raise taxes and have a
growing economy. That is completely belied by President Clinton's
economic program in the early nineties when taxes were raised, with
Republicans--the gentleman's party--claiming that that would destroy
the economy. And yet the economy grew the fastest that it has done. We
created 20 million jobs during the rest of the Clinton administration.
That compares with the puny number of jobs, about one-quarter of that
number, that were created during the time that Mr. Bush was in the
White House the same number of years. With that, I just must point out
that the gentleman is trying to re-create and create his own history.
We should defeat this amendment.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Texas (Mr. Culberson).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. CULBERSON. Mr. Chairman, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from Texas will be postponed.
{time} 1600
Amendment No. 11 Offered by Ms. Eddie Bernice Johnson of Texas
The CHAIR. It is now in order to consider amendment No. 11 printed in
part A of House Report 111-578.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I have an amendment
at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 98, line 21, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 103, line 20, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 116, line 11, after the dollar amount, insert
``(reduced by $10,000,000)''.
The CHAIR. Pursuant to House Resolution 1569, the gentlewoman from
Texas (Ms. Eddie Bernice Johnson) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I rise today to
support additional funding for activities under section 107 of the
Community Development Grant program at HUD. Specifically, I would like
to ask for these funds to be diverted for community development grants
for minority-serving institutions and Historically Black Colleges and
Universities. This program assists minority-serving institutions to
expand their role and effectiveness in addressing community development
needs in their localities.
An increase of $10 million for this program would double the budget
now and allow for an additional 12 to 20 minority-serving institutions
to meet urgent community needs. I know these funds are particularly
needed at many of our Nation's Historically Black Colleges and
Universities. This is an important investment for these schools. It
builds a strong relationship between school and community to promote
social economic development initiatives. It will create jobs and help
revitalize struggling neighborhoods.
Many of our urban HBCUs and other minority-serving institutions are
located in areas that are blighted and struggling economically. This
program creates a partnership between school and community, raising
standards and expectations of the next generation. We want to create
neighborhoods that are places people want to reside and feel a
connection.
You often hear the phrase ``university town'' associated with other
institutions. We want ``university town'' for these colleges as well,
areas where the university is the center of economic and social life
and people are proud to be part of it. We want neighborhoods where a
college education is valued and seen as a common practice.
The program has made an immense impact at Benedict College in
Columbia, South Carolina. Located less than 10 minutes from the
University of South Carolina, Benedict College is an economically
depressed neighborhood. With funding from this grant, Benedict College
has created a partnership and has been able to build and renovate
homes, construct a community recreational park, and build a business
development center.
Similar success has been seen at Winston Salem State University in
North Carolina where funds have been used for affordable housing
development, small business development, and neighborhood cleanup.
This grant creates partnerships that enable students, faculty, and
neighborhood organizations to work together to revitalize the economy,
generate jobs, and rebuild healthy communities. Funding this program at
an additional $10 million would make an immense difference for these
schools and communities.
I have used the reverse mortgage fund to offset this funding. This
program is not without controversy. Many do not understand that
proceeds received under a reverse mortgage may impact Medicaid
eligibility. At a time when property values remain low, a reverse
mortgage may not be the best route for many individuals. The value that
one gets from a reverse mortgage is based on the current appraised
value of the property. I have chosen this offset due to the current
slump in the real estate market.
I thank the leadership for allowing this amendment to be considered,
and I would ask humbly for your support.
I yield back the balance of my time.
Mr. OLVER. I rise to claim time in opposition, though I do not oppose
the amendment.
The CHAIR. Without objection, the gentleman from Massachusetts is
recognized for 5 minutes.
There was no objection.
Mr. OLVER. I yield 1 minute to the gentleman from Iowa (Mr. Latham)
for comments.
Mr. LATHAM. I thank the chairman for yielding.
Actually, I do oppose this. I agree with the idea of putting more
money into where you would like to have the money go. My concern is
that this is taking money out of reverse mortgages for seniors, and
while the President requested $250 million in his budget, it is funded
at $150 million. This would take another 10 out of that. The problem is
that if there is increased demand, if more seniors want to have reverse
mortgages, then it simply cannot happen without the funding that's
there.
So I would just oppose it, not because of the purpose where you would
like to have the money go, but we're taking money away from seniors
here who may, in fact, want to have a reverse mortgage on their home.
Mr. OLVER. Mr. Chairman, I would just say to my ranking member that I
had exactly the same reaction to this and was all prepared to get very
excited and oppose this one adamantly, but we were assured that a re-
look at the HECM situation and the needs there indicated that it could
yield this $10 million offset.
Mr. LATHAM. Will the gentleman yield?
Mr. OLVER. I yield to the gentleman.
Mr. LATHAM. Well, when we start getting phone calls, I'll refer them
to your office. I appreciate the gentleman's concern, and again, I
think the purpose has merit, where the money is going, but I'm just
concerned about the limitation here. Thank you.
Mr. OLVER. I thank the gentleman.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Eddie Bernice Johnson of Texas).
The amendment was agreed to.
Mr. OLVER. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Salazar) having assumed the chair, Mr. Snyder, Chair of the Committee
of the Whole House on the state of the Union, reported that that
Committee, having had under consideration the bill (H.R. 5850) 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, had come to no resolution
thereon.
[[Page H6354]]
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