[Congressional Record (Bound Edition), Volume 156 (2010), Part 10]
[House]
[Pages 14608-14656]
[From the U.S. 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.

                              {time}  1355


                     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

[[Page 14609]]

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.

[[Page 14610]]





[[Page 14611]]



[[Page 14612]]



[[Page 14613]]



[[Page 14614]]



[[Page 14615]]



[[Page 14616]]



[[Page 14617]]



[[Page 14618]]

  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

[[Page 14619]]

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 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.

[[Page 14620]]


  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 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. 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.

[[Page 14621]]

  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 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

[[Page 14622]]

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 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.

[[Page 14623]]

  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.
  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

[[Page 14624]]

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 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.
  Ms. JACKSON LEE of Texas. Mr. Chair, I rise in support of H.R. 5850, 
the ``Transportation, Housing and Urban Development, and Related 
Agencies Appropriations Act of 2011.'' This bill includes important 
funding and necessary investments in our transportation, housing and 
other critical aspects of this country's infrastructure. This bill also 
provides assistance to the most vulnerable Americans, including the 
homeless, disabled, low-income and elderly. Additionally, this bill 
provides support for our veterans who serve this nation so valiantly 
and who have earned a right to adequate housing.
  Mr. Chair, this bill includes funding for critical transportation 
projects that will improve mobility and stimulate economic activity in 
communities across the country. What I am particularly proud of is the 
funding for two light rail lines in Houston, Texas--the North and 
Southeast lines. These projects have successfully gone through the 
Federal Transit Administration's New Starts review process, and I am 
looking forward to passage of this bill and funding of these projects. 
As the fourth largest city in the country, we are anxiously awaiting 
construction of an integrated rail network that will create jobs, 
provide mobility and spur economic development. Funding for these 
projects will be a significant step towards achieving our goals.
  This bill also invests in National Infrastructure to Support Jobs. It 
includes funding for:

     Highway infrastructure

  There is $45.2 billion in the bill to improve and repair our nation's 
aging highway infrastructure. It is estimated that this increased 
investment will support more than 142,000 additional jobs across all 
sectors of the economy, according to the job model developed by the 
Department of Transportation (DOT). According to the DOT's 2008 
Conditions and Performance Report, an average annual investment of 
$105.6 billion from all levels of government is needed just to sustain 
the current conditions of our highways and bridges, and $174.6 billion 
is needed to improve our current system. In addition, the report of the 
National Surface Transportation Policy and Revenue Study Commission 
issued in December 2007 recommended investing $225 billion annually 
over the next 50 years to maintain, upgrade, and expand our 
transportation networks.

     Public Transportation Investments

  There is also $11.3 billion to support bus and rail projects, 
including capital expenditures. The increase from last year will 
support an estimated 20,000 additional jobs for transit workers around 
the country. The Federal Transit Administration estimates that our 
nation's public transportation system has a state-of-good-repair 
backlog of nearly $78 billion.

     Public Housing Capital Fund

  Additionally, the bill includes $2.5 billion to help Public Housing 
Authorities make critical repairs and improvements to public housing 
units and improve living conditions for residents, including green and 
sustainable rehabilitation. Every dollar invested in the Capital Fund 
produces $2.12 in economic return for local economies.

     HOPE VI

  The bill also includes $200 million for grants to rehabilitate 
distressed public housing neighborhoods by transforming them into 
sustainable mixed-income communities. This transformation will help 
create jobs in the hard-hit construction industry and will revitalize 
distressed neighborhoods.

     Community Development Block Grant (CDBG)

  In addition, the bill provides for $4.35 billion to spur local 
construction and development. The CDBG program works to ensure decent 
affordable housing, to provide services to the most vulnerable in our 
communities, and to create jobs through the expansion and retention of 
businesses. CDBG helps local governments tackle serious challenges 
facing their communities and makes a difference in the lives of 
millions of people across the nation.

     Passenger Rail Grant Program

  Also included in the bill is $1.4 billion to expand and improve 
intercity passenger rail and develop a robust national high speed rail 
system, which will create jobs and reinvigorate our manufacturing base. 
Additionally, this investment will help reduce our dependence
on fossil fuels and decrease congestion
between cities across the country by providing a transportation 
alternative for congested highways and air space.

     Amtrak

  There is $1.77 billion in the bill to make capital investments, 
including improvements to Amtrak's fleet and upgrades to Amtrak 
stations to ensure they are accessible for the disabled. This increase 
above FY 2010 will save or create an additional 1,130 jobs.


                         Vulnerable Populations

  This bill includes vital support for vulnerable populations who need 
our help in a difficult economic environment. Included are the 
following:

     Foreclosure Mitigation and Housing Counseling Funds

  The bill includes $113 million to support foreclosure counseling for 
families through NeighborWorks America and $88 million for the 
Department of Housing and Urban Development's housing counseling 
assistance program to provide help for low and moderate income families 
before they purchase a home.

     Veterans Affairs Supportive Housing Vouchers

  I am very pleased to know that we are taking care of our veterans by 
including $75 million for housing vouchers for homeless veterans, 
coordinated with supportive services from the VA Medical Centers. This 
funding will support 10,000 new vouchers and supports the effort to end 
veteran homelessness.

[[Page 14625]]



     Housing and Services for Homeless Persons Demonstration

  This bill also includes $85 million for a new demonstration 
coordinated between HUD and HHS to couple housing vouchers and 
mainstream health services for 10,000 homeless persons and individuals. 
Homeless individuals need both housing and services to build self-
sufficiency, and integrating the programs of HUD and HHS in a seamless 
manner for these families and individuals will provide comprehensive 
support for long-term housing stability.

     Public Housing Operating Fund

  Also included is $4.849 billion to support public housing units' 
maintenance and energy costs. The public housing inventory consists of 
more than 1.1 million units of housing to support low-income persons, 
whose average income level is $13,346.

     Section 8 Tenant Based Rental Assistance

  This bill also includes $19.4 billion to renew all vouchers currently 
in use and allow more than 2 million low income families to stay in 
their homes. Included in this total is $113 million to renew housing 
vouchers for persons with disabilities and $60 million to support the 
Family Self-Sufficiency program, which helps families increase income 
and move out of assisted housing.

     Section 8 Project-Based Rental Assistance

  Additionally, this bill includes $9.4 billion to support the 1.3 
million units of housing assisted. The average annual income of a 
resident of this form of housing is $11,217, and more than 57 percent 
are either elderly or disabled.

     Housing for the Elderly

  Funding in the amount of $825 million is included in the bill to 
support affordable housing for the elderly by constructing 
approximately 3,200 new units and keeping over 50,000 elderly Americans 
in their homes.

     Housing for the Disabled

  The bill also includes $300 million to support affordable housing for 
the disabled by constructing approximately 1,400 new units and keeping 
over 13,000 Americans with disabilities in their homes.

     Indian Housing

  A very important measure in this bill includes $700 million to 
support and construct affordable housing for American Indians. These 
funds will assist over 540 tribes, provide rental assistance to over 
57,000 families, and add approximately 8,000 housing units to the over 
26,000 housing units constructed and 54,000 housing units rehabilitated 
by this program since 1998.

     Housing for Persons with AIDS (HOPWA)

  Additionally, the bill includes $350 million to prevent homelessness 
among persons with AIDS. Up to 70 percent of all people living with HIV 
or AIDS report a lifetime experience of homelessness or housing 
instability and the HIV/AIDS death rate is seven to nine times higher 
for homeless adults than for the general population. This funding will 
provide housing assistance for over 60,000 households nationwide.

     Homeless Assistance Grants

  The bill also provides $2.2 billion for permanent and transitional 
housing for homeless families and individuals. It is important to note 
that this is the first year of implementation of the HEARTH Act, which 
will support both the prevention of, and rapid resolution of, 
homelessness in America.

     Reverse Mortgages

  Also included is $150 million to support elderly homeowners and 
assist them in keeping their homes rather than forcing them to move to 
expensive assisted living facilities. This funding level is important 
because it will keep the program running in 2011 at expected volume 
levels.


                      Ensuring Safe Transportation

     Aviation Safety Programs

  The bill provides $1.3 billion for the Federal Aviation 
Administration's, FAA, safety enforcement efforts including $17 million 
to hire 122 additional safety inspectors to assist with NextGen 
development and the oversight of foreign repair stations. This 
additional funding will help meet the safety goals established in the 
FAA's Administrator's Call to Action in the aftermath of the tragic 
Colgan air crash.

     Highway Safety Programs

  Also included in the bill is $891.2 million for the programs of the 
National Highway Traffic Safety Administration to make America's roads 
safer by encouraging safety belt use, preventing drinking and driving, 
improving child safety, enhancing motorcyclist safety, and other 
initiatives.

     Railroad Safety Technology Program

  There is also $75 million to provide grants to help deploy positive 
train control, PTC, systems, which perform a critical safety function 
on rail lines with mixed freight and passenger traffic. These funds 
will help train operators with the estimated $5.5 billion necessary for 
initial PTC system acquisition and implementation, which is required on 
all lines that jointly operate passenger and freight traffic by 
December 15, 2015.
  Mr. Chair, this bill includes crucial support for our transportation, 
housing and infrastructure that will create jobs for Americans all 
across this country. It also includes vital support for veterans and 
vulnerable populations such as the elderly, low-income, and homeless 
who need a lifeline in the midst of this economic storm. I urge my 
colleagues to support this bill.
  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.

[[Page 14626]]



                   national infrastructure investment

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

                      financial management capital

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

                       cyber security initiatives

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

                         office of civil rights

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

           transportation planning, research, and development

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

                          working capital fund

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

               minority business resource center program

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

                       minority business outreach

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

                        payments to air carriers

                    (airport and airway trust fund)

                     (including transfer of funds)

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

  administrative provisions--office of the secretary of transportation

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

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

                     (including transfer of funds)

       For necessary expenses of the Federal Aviation 
     Administration, not otherwise provided for, including 
     operations and research

[[Page 14627]]

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

                        facilities and equipment

                    (airport and airway trust fund)

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

                 research, engineering, and development

                    (airport and airway trust fund)

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

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

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

       administrative provisions--federal aviation administration

       Sec. 110.  None of the funds in this Act may be used to 
     compensate in excess of 600 technical staff-years under the 
     federally funded research and development center contract 
     between the Federal Aviation Administration and the Center 
     for Advanced Aviation Systems Development during fiscal year 
     2011.
       Sec. 111.  None of the funds in this Act shall be used to 
     pursue or adopt guidelines or regulations requiring airport 
     sponsors to provide to the Federal Aviation Administration 
     without cost building construction, maintenance, utilities 
     and expenses, or space in airport sponsor-owned buildings for 
     services relating to air traffic control, air navigation, or 
     weather reporting: Provided, That the prohibition of funds in 
     this section does not apply to negotiations between the 
     agency and airport sponsors to achieve agreement on ``below-
     market'' rates for these items or to grant assurances that 
     require airport sponsors to provide land without cost to the 
     FAA for air traffic control facilities.
       Sec. 112.  The Administrator of the Federal Aviation 
     Administration may reimburse amounts made available to 
     satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 
     U.S.C. 45303: Provided, That during fiscal year 2011, 49 
     U.S.C. 41742(b) shall not apply, and any amount remaining in 
     such account at the close of that fiscal year may be made 
     available to satisfy section 41742(a)(1) for the subsequent 
     fiscal year.

[[Page 14628]]

       Sec. 113.  Amounts collected under section 40113(e) of 
     title 49, United States Code, shall be credited to the 
     appropriation current at the time of collection, to be merged 
     with and available for the same purposes of such 
     appropriation.
       Sec. 114.  None of the funds appropriated or limited by 
     this Act may be used to change weight restrictions or prior 
     permission rules at Teterboro airport in Teterboro, New 
     Jersey.
       Sec. 115.  None of the funds limited by this Act for grants 
     under the Airport Improvement Program shall be made available 
     to the sponsor of a commercial service airport if such 
     sponsor fails to agree to a request from the Secretary of 
     Transportation for cost-free space in a non-revenue 
     producing, public use area of the airport terminal or other 
     airport facilities for the purpose of carrying out a public 
     service air passenger rights and consumer outreach campaign.
       Sec. 116.  None of the funds in this Act shall be available 
     for paying premium pay under subsection 5546(a) of title 5, 
     United States Code, to any Federal Aviation Administration 
     employee unless such employee actually performed work during 
     the time corresponding to such premium pay.
       Sec. 117.  None of the funds in this Act may be obligated 
     or expended for an employee of the Federal Aviation 
     Administration to purchase a store gift card or gift 
     certificate through use of a Government-issued credit card.

                     Federal Highway Administration

                 limitation on administrative expenses

                     (including transfer of funds)

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

                          federal-aid highways

                      (limitation on obligations)

                          (highway trust fund)

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

                (liquidation of contract authorization)

                          (highway trust fund)

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

       administrative provisions--federal highway administration

                        (including rescissions)

       Sec. 120. (a) For fiscal year 2011, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid highways amounts authorized for administrative 
     expenses and programs by section 104(a) of title 23, United 
     States Code; programs funded from the administrative takedown 
     authorized by section 104(a)(1) of title 23, United States 
     Code (as in effect on the date before the date of enactment 
     of the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users); the highway use tax evasion 
     program; and the Bureau of Transportation Statistics;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid highways that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety programs for previous fiscal 
     years the funds for which are allocated by the Secretary;
       (3) determine the ratio that--
       (A) the obligation limitation for Federal-aid highways, 
     less the aggregate of amounts not distributed under 
     paragraphs (1) and (2), bears to
       (B) the total of the sums authorized to be appropriated for 
     Federal-aid highways and highway safety construction programs 
     (other than sums authorized to be appropriated for provisions 
     of law described in paragraphs (1) through (9) of subsection 
     (b) and sums authorized to be appropriated for section 105 of 
     title 23, United States Code, equal to the amount referred to 
     in subsection (b)(10) for such fiscal year), less the 
     aggregate of the amounts not distributed under paragraphs (1) 
     and (2) of this subsection;
       (4)(A) distribute the obligation limitation for Federal-aid 
     highways, less the aggregate amounts not distributed under 
     paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users; sections 117 (but 
     individually for each project numbered 1 through 3676 listed 
     in the table contained in section 1702 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users) and section 144(g) of title 23, United 
     States Code; and section 14501 of title 40, United States 
     Code, so that the amount of obligation authority available 
     for each of such sections is equal to the amount determined 
     by multiplying the ratio determined under paragraph (3) by 
     the sums authorized to be appropriated for that section for 
     the fiscal year; and
       (B) distribute $2,000,000,000 for section 105 of title 23, 
     United States Code;
       (5) distribute the obligation limitation provided for 
     Federal-aid highways, less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraph (4), for each of the programs 
     that are allocated by the Secretary under the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users and title 23, United States Code (other than 
     to programs to which paragraphs (1) and (4) apply), by 
     multiplying the ratio determined under paragraph (3) by the 
     amounts authorized to be appropriated for each such program 
     for such fiscal year; and
       (6) distribute the obligation limitation provided for 
     Federal-aid highways, less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraphs (4) and (5), for Federal-aid 
     highways and highway safety construction programs (other than 
     the amounts apportioned for the equity bonus program, but 
     only to the extent that the amounts apportioned for the 
     equity bonus program for the fiscal year are greater than 
     $2,639,000,000, and the Appalachian development highway 
     system program) that are apportioned by the Secretary under 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users and title 23, United States 
     Code, in the ratio that--
       (A) amounts authorized to be appropriated for such programs 
     that are apportioned to each State for such fiscal year, bear 
     to
       (B) the total of the amounts authorized to be appropriated 
     for such programs that are apportioned to all States for such 
     fiscal year.
       (b) Exceptions From Obligation Limitation.--The obligation 
     limitation for Federal-aid highways shall not apply to 
     obligations: (1) under section 125 of title 23, United States 
     Code; (2) under section 147 of the Surface Transportation 
     Assistance Act of 1978; (3) under section 9 of the Federal-
     Aid Highway Act of 1981; (4) under subsections (b) and (j) of 
     section 131 of the Surface Transportation Assistance Act of 
     1982; (5) under subsections (b) and (c) of section 149 of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987; (6) under sections 1103 through 1108 of the 
     Intermodal Surface Transportation Efficiency Act of 1991; (7) 
     under section 157 of title 23, United States Code, as in 
     effect on the day before the date of the enactment of the 
     Transportation Equity Act for the 21st Century; (8) under 
     section 105 of title 23, United States Code, as in effect for 
     fiscal years 1998 through 2004, but only in an amount equal 
     to $639,000,000 for each of those fiscal years; (9) for 
     Federal-aid highway programs for which obligation authority 
     was made available under the Transportation Equity Act for 
     the 21st Century or subsequent public laws for multiple years 
     or to remain available until used, but only to the extent 
     that the obligation authority has not lapsed or been used; 
     (10) under section 105 of title 23, United States Code, but 
     only in an amount equal to $639,000,000 for each of fiscal 
     years 2005 through 2011; and (11) under section 1603 of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A

[[Page 14629]]

     Legacy for Users, to the extent that funds obligated in 
     accordance with that section were not subject to a limitation 
     on obligations at the time at which the funds were initially 
     made available for obligation.
       (c) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (a), the Secretary shall, after 
     August 1 of such fiscal year, revise a distribution of the 
     obligation limitation made available under subsection (a) if 
     the amount distributed cannot be obligated during that fiscal 
     year and redistribute sufficient amounts to those States able 
     to obligate amounts in addition to those previously 
     distributed during that fiscal year, giving priority to those 
     States having large unobligated balances of funds apportioned 
     under sections 104 and 144 of title 23, United States Code.
       (d) Applicability of Obligation Limitations to 
     Transportation Research Programs.--The obligation limitation 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code, and title V 
     (research title) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users, 
     except that obligation authority made available for such 
     programs under such limitation shall remain available for a 
     period of 3 fiscal years and shall be in addition to the 
     amount of any limitation imposed on obligations for Federal-
     aid highway and highway safety construction programs for 
     future fiscal years.
       (e) Redistribution of Certain Authorized Funds.--
       (1) In general.--Not later than 30 days after the date of 
     the distribution of obligation limitation under subsection 
     (a), the Secretary shall distribute to the States any funds 
     that--
       (A) are authorized to be appropriated for such fiscal year 
     for Federal-aid highways programs; and
       (B) the Secretary determines will not be allocated to the 
     States, and will not be available for obligation, in such 
     fiscal year due to the imposition of any obligation 
     limitation for such fiscal year.
       (2) Ratio.--Funds shall be distributed under paragraph (1) 
     in the same ratio as the distribution of obligation authority 
     under subsection (a)(6).
       (3) Availability.--Funds distributed under paragraph (1) 
     shall be available for any purposes described in section 
     133(b) of title 23, United States Code.
       (f) Special Limitation Characteristics.--Obligation 
     limitation distributed for a fiscal year under subsection 
     (a)(4) for the provision specified in subsection (a)(4) 
     shall--
       (1) remain available until used for obligation of funds for 
     that provision; and
       (2) be in addition to the amount of any limitation imposed 
     on obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.
       (g) High Priority Project Flexibility.--
       (1) In general.--Subject to paragraph (2), obligation 
     authority distributed for such fiscal year under subsection 
     (a)(4) for each project numbered 1 through 3676 listed in the 
     table contained in section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users may be obligated for any other project in such section 
     in the same State.
       (2) Restoration.--Obligation authority used as described in 
     paragraph (1) shall be restored to the original purpose on 
     the date on which obligation authority is distributed under 
     this section for the next fiscal year following obligation 
     under paragraph (1).
       (h) Limitation on Statutory Construction.--Nothing in this 
     section shall be construed to limit the distribution of 
     obligation authority under subsection (a)(4)(A) for each of 
     the individual projects numbered greater than 3676 listed in 
     the table contained in section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users.
       Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received 
     by the Bureau of Transportation Statistics from the sale of 
     data products, for necessary expenses incurred pursuant to 49 
     U.S.C. 111 may be credited to the Federal-aid highways 
     account for the purpose of reimbursing the Bureau for such 
     expenses: Provided, That such funds shall be subject to the 
     obligation limitation for Federal-aid highways and highway 
     safety construction.
       Sec. 122.  Not less than 15 days prior to waiving, under 
     his statutory authority, any Buy America requirement for 
     Federal-aid highway projects, the Secretary of Transportation 
     shall make an informal public notice and comment opportunity 
     on the intent to issue such waiver and the reasons therefor: 
     Provided, That the Secretary shall provide an annual report 
     to the Appropriations Committees of the Congress on any 
     waivers granted under the Buy America requirements.
       Sec. 123. (a) In General.--Except as provided in subsection 
     (b), none of the funds made available, limited, or otherwise 
     affected by this Act shall be used to approve or otherwise 
     authorize the imposition of any toll on any segment of 
     highway located on the Federal-aid system in the State of 
     Texas that--
       (1) as of the date of enactment of this Act, is not tolled;
       (2) is constructed with Federal assistance provided under 
     title 23, United States Code; and
       (3) is in actual operation as of the date of enactment of 
     this Act.
       (b) Exceptions.--
       (1) Number of toll lanes.--Subsection (a) shall not apply 
     to any segment of highway on the Federal-aid system described 
     in that subsection that, as of the date on which a toll is 
     imposed on the segment, will have the same number of non-toll 
     lanes as were in existence prior to that date.
       (2) High-occupancy vehicle lanes.--A high-occupancy vehicle 
     lane that is converted to a toll lane shall not be subject to 
     this section, and shall not be considered to be a non-toll 
     lane for purposes of determining whether a highway will have 
     fewer non-toll lanes than prior to the date of imposition of 
     the toll, if--
       (A) high-occupancy vehicles occupied by the number of 
     passengers specified by the entity operating the toll lane 
     may use the toll lane without paying a toll, unless otherwise 
     specified by the appropriate county, town, municipal or other 
     local government entity, or public toll road or transit 
     authority; or
       (B) each high-occupancy vehicle lane that was converted to 
     a toll lane was constructed as a temporary lane to be 
     replaced by a toll lane under a plan approved by the 
     appropriate county, town, municipal or other local government 
     entity, or public toll road or transit authority.
       Sec. 124.  Notwithstanding any other provision of law, 
     whenever an apportionment is made of the sums authorized to 
     be appropriated for the Surface Transportation Program, the 
     Congestion Mitigation and Air Quality Improvement Program, 
     the National Highway System Program, the Interstate 
     Maintenance Program, and the Highway Bridge Program, the 
     Secretary of Transportation shall deduct a sum in such amount 
     not to exceed a total of $200,000,000 of all sums so 
     authorized: Provided, That of the amount so deducted in 
     accordance with this section shall be made available for the 
     Federal Highway Administration Livable Communities Program: 
     Provided further, That the Federal share payable on account 
     of any program, project, or activity carried out with funds 
     made available under this section shall be determined in 
     accordance with 23 U.S.C. 120: Provided further, That the 
     Administrator of the Federal Highway Administration may 
     retain up to one percent of the funds provided under this 
     section for administrative expenses: Provided further, That 
     the sum deducted in accordance with this section shall remain 
     available until expended: Provided further, That all funds 
     made available under this section shall be subject to any 
     limitation on obligations for Federal-aid highways programs 
     set forth in this Act or any other Act: Provided further, 
     That the obligation limitation made available for the 
     programs, projects, and activities for which funds are made 
     available under this section shall remain available until 
     used and shall be in addition to the amount of any limitation 
     imposed on obligations for Federal-aid highway and highway 
     safety construction programs for future fiscal years: 
     Provided further, That in apportioning funds for fiscal year 
     2011 for the equity bonus program under Section 105 of title 
     23, United States Code, the Secretary shall make any 
     calculations required to be made under that section as if 
     this provision had not been enacted.
       Sec. 125. (a) In the explanatory statement referenced in 
     section 186 of title I of division A of Public Law 111-117 
     (123 Stat. 3070), the item relating to ``Chalk Bluff Road, 
     Clay County, AR'' in the table of projects under the heading 
     ``Delta Region Transportation Development Program'' is deemed 
     to be amended by striking ``Chalk Bluff Road, Clay County, 
     AR'' and inserting ``Cabot North Interchange, AR''.
       (b) In the explanatory statement referenced in section 186 
     of title I of division A of Public Law 111-117 (123 Stat. 
     3070), the item relating to ``I-480/Tiedeman Road Interchange 
     Modification, OH'' in the table of projects under the heading 
     ``Interstate Maintenance Discretionary'' is deemed to be 
     amended by striking ``I-480/Tiedeman Road Interchange 
     Modification, OH'' and inserting ``Construction and upgrades 
     at four grade crossings in Olmsted Falls, OH''.
       (c) Funds made available for ``Construction of the I-278 
     Environmental Shield, Queens, NY'' under the heading 
     ``Surface transportation priorities'' in title I of division 
     A of Public Law 111-117 (123 Stat. 3044) shall be made 
     available for ``Reconstruction and reconfiguration of the 
     northbound off-ramp from Interstate 95 to Bartow/Baychester 
     Avenue, Bronx, NY''.
       (d) In the explanatory statement referenced in section 186 
     of title I of division I of Public Law 111-8 (123 Stat. 947), 
     the item relating to ``Newton County Rails to Trails By-Pass 
     Tunnel, GA'' in the table of projects under the heading 
     ``Transportation, Community, and System Preservation 
     Program'' is deemed to be amended by striking ``Newton County 
     Rails to Trails By-Pass Tunnel, GA'' and inserting ``Newton 
     County Eastside High School to County Library Trail, GA''.
       Sec. 126.  The table contained in section 1702 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1256) is amended--

[[Page 14630]]

        (a) in item number 1366, by striking the project 
     description and inserting ``Road and bridge improvements and 
     storm water mitigation in the Town of Southampton''; and
       (b) in item number 2252 by striking the project description 
     and inserting ``Operational safety studies, final design and/
     or construction of intersection operational and safety 
     improvements for USH 53 between Rice Lake and Superior, 
     Wisconsin''.
       Sec. 127.  The table contained in section 1602 of the 
     Transportation Equity Act for the 21st Century (112 Stat. 
     257) is amended--
        (a) in item number 414 by striking the project description 
     and inserting ``Engineering, design and construction of the 
     North Street, Pittsfield, streetscaping project''; and
       (b) in item number 815 by striking the project description 
     and inserting `` Highway 10 relocation, City of Wadena''.
       Sec. 128.  Of the unobligated balances made available under 
     Public Law 101-516, Public Law 102-143, Public Law 103-331, 
     and Public Law 106-346, $33,905,809 are rescinded: 
     Provided,That in administering the rescission required under 
     this section, the Secretary of Transportation shall first 
     consider: (1) projects where the designated purpose has been 
     completed and the remaining funds are no longer needed to 
     meet that purpose; and (2) projects with more than 90 percent 
     of the appropriated amount remaining available for 
     obligation.
       Sec. 129.  Of the amounts made available for ``Highway 
     Related Safety Grants'' by section 402 of title 23, United 
     States Code, and administered by the Federal Highway 
     Administration, $3,651 in unobligated balances are rescinded.
       Sec. 130.  Of the amounts made available under section 
     104(a) of title 23, United States Code, $1,863,000 are 
     permanently rescinded.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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

                      motor carrier safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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

                          motor carrier safety

                          (highway trust fund)

                              (rescission)

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

                 national motor carrier safety program

                          (highway trust fund)

                              (rescission)

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

 administrative provision--federal motor carrier safety administration

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

             National Highway Traffic Safety Administration

                        operations and research

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

                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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

                        national driver register

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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

                 national driver register modernization

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

                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and 
     sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-
     59, to remain available until expended, $626,328,000 to be 
     derived from the Highway Trust Fund (other than the Mass 
     Transit Account): Provided, That none of the funds in this 
     Act shall be available for the planning or execution of 
     programs the total obligations for which, in fiscal year 
     2011, are in excess of $626,328,000 for programs authorized 
     under 23 U.S.C. 402, 405, 406, 408, and 410 and sections 
     2001(a)(11), 2009, 2010, and 2011 of Public Law 109-59, of 
     which $235,000,000 shall be for ``Highway Safety Programs'' 
     under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant 
     Protection Incentive Grants'' under 23 U.S.C. 405; 
     $124,500,000 shall be for ``Safety Belt Performance Grants'' 
     under 23 U.S.C. 406, and such obligation limitation shall 
     remain available until September 30, 2012 in accordance with 
     subsection (f) of such section 406 and shall be in addition 
     to the amount of any limitation imposed on obligations for 
     such grants for future fiscal years, of which up to 
     $50,000,000 may be made available by the Secretary as grants 
     to States that enact and enforce laws to prevent distracted 
     driving; $34,500,000 shall be for ``State Traffic Safety

[[Page 14631]]

     Information System Improvements'' under 23 U.S.C. 408; 
     $139,000,000 shall be for ``Alcohol-Impaired Driving 
     Countermeasures Incentive Grant Program'' under 23 U.S.C. 
     410; $25,328,000 shall be for ``Administrative Expenses'' 
     under section 2001(a)(11) of Public Law 109-59; $29,000,000 
     shall be for ``High Visibility Enforcement Program'' under 
     section 2009 of Public Law 109-59; $7,000,000 shall be for 
     ``Motorcyclist Safety'' under section 2010 of Public Law 109-
     59; and $7,000,000 shall be for ``Child Safety and Child 
     Booster Seat Safety Incentive Grants'' under section 2011 of 
     Public Law 109-59: Provided further, That of the funds made 
     available for grants to States that enact and enforce laws to 
     prevent distracted driving, up to $5,000,000 may be available 
     for the development, production, and use of broadcast and 
     print media advertising for distracted driving prevention: 
     Provided further, That none of these funds shall be used for 
     construction, rehabilitation, or remodeling costs, or for 
     office furnishings and fixtures for State, local or private 
     buildings or structures: Provided further, That not to exceed 
     $500,000 of the funds made available for section 410 
     ``Alcohol-Impaired Driving Countermeasures Grants'' shall be 
     available for technical assistance to the States: Provided 
     further, That not to exceed $750,000 of the funds made 
     available for the ``High Visibility Enforcement Program'' 
     shall be available for the evaluation required under section 
     2009(f) of Public Law 109-59.

      administrative provisions--national highway traffic safety 
                             administration

                         (including rescission)

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

                    Federal Railroad Administration

                         safety and operations

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

                   railroad research and development

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

                   railroad safety technology program

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

       railroad rehabilitation and improvement financing program

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

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

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

    operating grants to the national railroad passenger corporation

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

  capital and debt service grants to the national railroad passenger 
                              corporation

       To enable the Secretary of Transportation to make grants to 
     the National Railroad Passenger Corporation for capital 
     investments as authorized by section 101(c) and 219(b) of the 
     Passenger Rail Investment and Improvement Act of 2008 
     (division B of Public Law 110-432), $1,203,500,000 to remain 
     available until expended, of which not to exceed $305,000,000 
     shall be for debt service obligations as authorized by 
     section 102 of such Act: Provided, That after an initial 
     distribution of up to $200,000,000 which shall be used by the 
     Corporation as a working capital account, all remaining funds 
     shall be provided to the Corporation only on a reimbursable 
     basis: Provided further, That the Secretary may retain up to 
     one-half of 1 percent of the funds provided under this 
     heading to fund the costs of project management oversight of 
     capital projects funded by grants provided under this 
     heading, as authorized by subsection 101(d) of division B of 
     Public Law 110-432: Provided further, That the Secretary

[[Page 14632]]

     shall approve funding for capital expenditures, including 
     advance purchase orders of materials, for the Corporation 
     only after receiving and reviewing a grant request for each 
     specific capital project justifying the Federal support to 
     the Secretary's satisfaction: Provided further, That none of 
     the funds under this heading may be used to subsidize 
     operating losses of the Corporation: Provided further, That 
     none of the funds under this heading may be used for capital 
     projects not approved by the Secretary of Transportation or 
     on the Corporation's fiscal year 2010 business plan: Provided 
     further, That in addition to the project management oversight 
     funds authorized under section 101(d) of division B of Public 
     Law 110-432, the Secretary may retain up to an additional 
     one-half of one percent of the funds provided under this 
     heading to fund expenses associated with implementing section 
     212 of division B of Public Law 110-432, including the 
     amendments made by section 212 to section 24905 of title 49, 
     United States Code, and other mandates of Division B of 
     Public Law 110-432.

       administrative provisions--federal railroad administration

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

                     Federal Transit Administration

                        administrative expenses

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

                         formula and bus grants

                  (liquidation of contract authority)

                      (limitation on obligations)

                          (highway trust fund)

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

                research and university research centers

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

                       capital investment grants

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

             washington metropolitan area transit authority

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

       administrative provisions--federal transit administration

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

             Saint Lawrence Seaway Development Corporation

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

                       operations and maintenance

                    (harbor maintenance trust fund)

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

                        Maritime Administration

                       maritime security program

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

                        operations and training

       For necessary expenses of operations and training 
     activities authorized by law, $169,353,000, of which 
     $11,240,000 shall remain available until expended for 
     maintenance and repair of training ships at State Maritime 
     Academies, and of which $30,900,000 shall remain available 
     until expended for capital improvements at the United States 
     Merchant Marine Academy, and of which $63,120,000 shall be 
     available for operations at the United States Merchant Marine 
     Academy, and of which $6,000,000 shall be available until 
     expended for the Secretary's reimbursement of overcharged 
     midshipmen fees: Provided, That the Secretary, through such 
     structure and administration as the Secretary establishes, 
     shall reimburse current

[[Page 14633]]

     and former midshipmen of United States Merchant Marine 
     Academy in such amounts as the Secretary determines, in his 
     sole discretion, to be appropriate to address claims 
     regarding the overcharging of midshipman fees, pertaining 
     first to academic years 2003/2004 through 2008/2009, and then 
     pertaining to earlier academic years to the extent that the 
     Secretary determines to be appropriate and subject to the 
     amounts specifically appropriated herein for such 
     reimbursements: Provided further, That amounts apportioned 
     for the United States Merchant Marine Academy shall be 
     available only upon allotments made personally by the 
     Secretary of Transportation or the Assistant Secretary for 
     Budget and Programs: Provided further, That the 
     Superintendent, Deputy Superintendent and the Director of the 
     Office of Resource Management of the United States Merchant 
     Marine Academy may not be allotment holders for the United 
     States Merchant Marine Academy, and the Administrator of 
     Maritime Administration shall hold all allotments made by the 
     Secretary of Transportation or the Assistant Secretary for 
     Budget and Programs under the previous proviso: Provided 
     further, That 50 percent of the funding made available for 
     the United States Merchant Marine Academy under this heading 
     shall be available only after the Secretary, in consultation 
     with the Superintendent and the Maritime Administration, 
     completes a plan detailing by program or activity and by 
     object class how such funding will be expended at the 
     Academy, and this plan is submitted to the House and Senate 
     Committees on Appropriations.

                             ship disposal

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

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

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

           administrative provisions--maritime administration

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

         Pipeline and Hazardous Materials Safety Administration

                          operational expenses

                         (pipeline safety fund)

                     (including transfer of funds)

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

                       hazardous materials safety

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

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

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

                     emergency preparedness grants

                     (emergency preparedness fund)

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

           Research and Innovative Technology Administration

                        research and development

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

                      Office of Inspector General

                         salaries and expenses

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

                      Surface Transportation Board

                         salaries and expenses

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

            General Provisions--department of Transportation

       Sec. 180.  During the current fiscal year applicable 
     appropriations to the Department of Transportation shall be 
     available for maintenance and operation of aircraft; hire of 
     passenger motor vehicles and aircraft; purchase of liability 
     insurance for motor vehicles operating in foreign countries 
     on official department business; and uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902).
       Sec. 181.  Appropriations contained in this Act for the 
     Department of Transportation shall be available for services 
     as authorized by 5 U.S.C. 3109, but at rates for individuals 
     not to exceed the per diem rate equivalent to the rate for an 
     Executive Level IV.
       Sec. 182.  None of the funds in this Act shall be available 
     for salaries and expenses of more than 110 political and 
     Presidential appointees in the Department of Transportation: 
     Provided, That none of the personnel covered by this 
     provision may be assigned on temporary detail outside the 
     Department of Transportation.
       Sec. 183.  None of the funds in this Act shall be used to 
     implement section 404 of title 23, United States Code.
       Sec. 184. (a) No recipient of funds made available in this 
     Act shall disseminate personal information (as defined in 18 
     U.S.C. 2725(3)) obtained by a State department of motor 
     vehicles in connection with a motor vehicle record as defined 
     in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 
     for a use permitted under 18 U.S.C. 2721.
       (b) Notwithstanding subsection (a), the Secretary shall not 
     withhold funds provided in this Act for any grantee if a 
     State is in noncompliance with this provision.
       Sec. 185.  Funds received by the Federal Highway 
     Administration, Federal Transit Administration, and Federal 
     Railroad Administration from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training may be credited 
     respectively to the Federal Highway Administration's 
     ``Federal-Aid Highways'' account, the Federal Transit 
     Administration's ``Research and University Research Centers'' 
     account, and to the Federal

[[Page 14634]]

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

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

                          Executive Direction

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

               administration, operations and management

       For necessary salaries and expenses for administration, 
     operations and management for the Department of Housing and 
     Urban Development, $538,552,000, of which not to exceed 
     $65,049,000 shall be available for the personnel compensation 
     and benefits of the Office of the Chief Human Capital 
     Officer; not to exceed $9,122,000 shall be available for the 
     personnel compensation and benefits of the Office of 
     Departmental Operations and Coordination; not to exceed 
     $49,090,000 shall be

[[Page 14635]]

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

                  Personnel Compensation and Benefits

                       public and indian housing

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

                   community planning and development

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

                                housing

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

         office of the government national mortgage association

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

                    policy development and research

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

                   fair housing and equal opportunity

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

            office of healthy homes and lead hazard control

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

                       Public and Indian Housing

                     tenant-based rental assistance

                     (including transfer of funds)

       For activities and assistance for the provision of tenant-
     based rental assistance authorized under the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) 
     (``the Act'' herein), not otherwise provided for, 
     $15,395,663,000, to remain available until expended, shall be 
     available on October 1, 2010 (in addition to the 
     $4,000,000,000 previously appropriated under this heading 
     that will become available on October 1, 2010), and 
     $4,000,000,000, to remain available until expended, shall be 
     available on October 1, 2011: Provided, That of the amounts 
     made available under this heading are provided as follows:
       (1) $17,080,000,000 shall be available for renewals of 
     expiring section 8 tenant-based annual contributions 
     contracts (including renewals of enhanced vouchers under any 
     provision of law authorizing such assistance under section 
     8(t) of the Act) and including renewal of other special 
     purpose vouchers initially funded in fiscal years 2009 and 
     2010 (such as Family Unification, Veterans Affairs Supportive 
     Housing Vouchers and Non-elderly Disabled Vouchers): 
     Provided, That notwithstanding any other provision of law, 
     from amounts provided under this paragraph and any carryover, 
     the Secretary for the calendar year 2011 funding cycle shall 
     provide renewal funding for each public housing agency based 
     on validated voucher management system (VMS) leasing and cost 
     data for calendar year 2010 and by applying the most recent 
     12 months of the Annual Adjustment Factor as established by 
     the Secretary, and by making any necessary adjustments for 
     the costs associated with the first-time renewal of vouchers 
     under this paragraph including tenant protection, and HOPE VI 
     vouchers: Provided further, That none of the funds provided 
     under this paragraph may be used to fund a total number of 
     unit months under lease which exceeds a public housing 
     agency's authorized level of units under contract, except for 
     public housing agencies participating in the Moving to Work 
     demonstration, which are instead governed by the terms and 
     conditions of their MTW agreements: Provided further, That 
     the Secretary shall, to the extent necessary to stay within 
     the amount specified under this paragraph, pro rate each 
     public housing agency's allocation otherwise established 
     pursuant to this paragraph: Provided further, That except as 
     provided in the following provisos, the entire amount 
     specified under this paragraph shall be obligated to the 
     public housing agencies based on the allocation and pro rata 
     method described above, and the Secretary shall notify public 
     housing agencies of their annual budget not later than 60 
     days after enactment of this Act: Provided further, That the 
     Secretary may extend the 60-day notification period with 
     prior written approval of the House and Senate Committees on 
     Appropriations: Provided further, That public housing 
     agencies participating in the Moving to Work demonstration 
     shall be funded pursuant to their Moving to Work agreements 
     and shall be subject to the same pro rata adjustments under 
     the previous provisos: Provided further, That up to 
     $150,000,000 shall be available only: (1) to adjust the 
     allocations for public housing agencies, after application 
     for an adjustment by a public housing agency that experienced 
     a significant increase, as determined by the Secretary, in 
     renewal costs of tenant-based rental assistance resulting 
     from unforeseen circumstances or from portability under 
     section 8(r) of the Act; (2) for vouchers that were not in 
     use during the 12-month period in order to be available to 
     meet a commitment pursuant to section 8(o)(13) of the Act; 
     (3) for any increase in the costs associated with deposits to 
     family self-sufficiency program escrow accounts; (4) for 
     onetime adjustments of renewal funding for Public Housing 
     Agencies in receivership with approved fungibility plans for 
     calendar year 2009 as authorized in Section 11003 of the 
     Consolidated Security, Disaster Assistance, and Continuing 
     Appropriations Act, 2009 (Public Law 110-329); or (5) to 
     adjust allocations for public housing agencies to prevent 
     termination of assistance to families receiving assistance 
     under the disaster voucher program, as authorized by Public 
     Law 109-148 under the heading ``Tenant-Based Rental 
     Assistance'': Provided further, That the Secretary shall 
     allocate amounts under the previous proviso based on need as 
     determined by the Secretary: Provided further, That of the 
     amounts made available under this paragraph, up to 
     $100,000,000 may be transferred to and merged with the 
     appropriation for ``Transformation Initiative'';
       (2) $125,000,000 shall be for section 8 rental assistance 
     for relocation and replacement of housing units that are 
     demolished or disposed of pursuant to the Omnibus 
     Consolidated Rescissions and Appropriations Act of 1996 
     (Public Law 104-134), conversion of section 23 projects to 
     assistance under section 8, the family unification program 
     under section 8(x) of the Act, relocation of witnesses in 
     connection with efforts to combat crime in public and 
     assisted housing pursuant to a request from a law enforcement 
     or prosecution agency, enhanced vouchers under any provision 
     of law authorizing such assistance under section 8(t) of the 
     Act, HOPE VI vouchers, mandatory and voluntary conversions, 
     and tenant protection assistance including replacement and 
     relocation assistance or for project based assistance to 
     prevent the displacement of unassisted elderly tenants 
     currently residing in section 202 properties financed between 
     1959 and 1974 that are refinanced pursuant to Public Law 106-
     569, as amended, or under the authority as provided under 
     this Act: Provided, That the Secretary shall provide 
     replacement vouchers for all units that were occupied within 
     the previous 24 months that cease to be available as assisted 
     housing, subject only to the availability of funds;
       (3) $1,851,000,000 shall be for administrative and other 
     expenses of public housing agencies in administering the 
     section 8 tenant-based rental assistance program, of which up 
     to $50,000,000 shall be available to the Secretary to 
     allocate to public housing agencies that need additional 
     funds to administer their section 8 programs, including fees 
     associated with section 8 tenant protection rental 
     assistance, the administration of disaster

[[Page 14636]]

     related vouchers, Veterans Affairs Supportive Housing 
     vouchers, and other incremental vouchers: Provided, That no 
     less than $1,741,000,000 of the amount provided in this 
     paragraph shall be allocated to public housing agencies for 
     the calendar year 2011 funding cycle based on section 8(q) of 
     the Act (and related Appropriation Act provisions) as in 
     effect immediately before the enactment of the Quality 
     Housing and Work Responsibility Act of 1998 (Public Law 105-
     276): Provided further, That if the amounts made available 
     under this paragraph are insufficient to pay the amounts 
     determined under the previous proviso, the Secretary may 
     decrease the amounts allocated to agencies by a uniform 
     percentage applicable to all agencies receiving funding under 
     this paragraph or may, to the extent necessary to provide 
     full payment of amounts determined under the previous 
     proviso, utilize unobligated balances, including recaptures 
     and carryovers, remaining from funds appropriated to the 
     Department of Housing and Urban Development under this 
     heading, for fiscal year 2010 and prior fiscal years, 
     notwithstanding the purposes for which such amounts were 
     appropriated: Provided further, That amounts provided under 
     this paragraph shall be only for activities related to the 
     provision of tenant-based rental assistance authorized under 
     section 8, including related development activities: Provided 
     further, That $60,000,000 shall be available for family self-
     sufficiency coordinators under section 23 of the Act: 
     Provided further, That amounts provided for family self-
     sufficiency coordinators shall be obligated to the public 
     housing agencies not later than 60 days after enactment of 
     this Act;
       (4) $113,663,183 for renewal of tenant-based assistance 
     contracts under section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 8013) entered into prior to 
     fiscal year 2007;
       (5) $75,000,000 for incremental rental voucher assistance 
     for use through a supported housing program administered in 
     conjunction with the Department of Veterans Affairs as 
     authorized under section 8(o)(19) of the United States 
     Housing Act of 1937: Provided, That the Secretary of Housing 
     and Urban Development shall make such funding available, 
     notwithstanding section 204 (competition provision) of this 
     title, to public housing agencies that partner with eligible 
     VA Medical Centers or other entities as designated by the 
     Secretary of the Department of Veterans Affairs, based on 
     geographical need for such assistance as identified by the 
     Secretary of the Department of Veterans Affairs, public 
     housing agency administrative performance, and other factors 
     as specified by the Secretary of Housing and Urban 
     Development in consultation with the Secretary of the 
     Department of Veterans Affairs: Provided further, That the 
     Secretary of Housing and Urban Development may waive, or 
     specify alternative requirements for (in consultation with 
     the Secretary of the Department of Veterans Affairs), any 
     provision of any statute or regulation that the Secretary of 
     Housing and Urban Development administers in connection with 
     the use of funds made available under this paragraph (except 
     for requirements related to fair housing, nondiscrimination, 
     labor standards, and the environment), upon a finding by the 
     Secretary that any such waivers or alternative requirements 
     are necessary for the effective delivery and administration 
     of such voucher assistance: Provided further, That assistance 
     made available under this paragraph shall continue to remain 
     available for homeless veterans upon turn-over;
       (6) Up to $66,000,000 for incremental tenant-based 
     assistance for eligible families assisted under the Disaster 
     Housing Assistance Program for Hurricanes Ike and Gustav: 
     Provided, That these vouchers will not be re-issued when 
     families leave the program;
       (7) $85,000,000 for incremental voucher assistance under 
     section 8(o) of the United States Housing Act of 1937, 
     including related administrative expenses, for two 
     competitive demonstration programs to address the needs of 
     families and individuals who are homeless or at risk of 
     homelessness, as defined by the Secretary of Housing and 
     Urban Development, to be administered by the Department of 
     Housing and Urban Development in conjunction with the 
     Department of Health and Human Services and the Department of 
     Education: Provided, That one demonstration program shall 
     make funding available to public housing agencies that: (1) 
     partner with eligible state or local entities responsible for 
     distributing Temporary Assistance for Needy Families (TANF) 
     and other health and human services as designated by the 
     Secretary of the Department of Health and Human Services, and 
     (2) partner with school homelessness liaisons funded through 
     the Department of Education's Education for Homeless Children 
     and Youths program: Provided further, That the other 
     demonstration program shall make funding available to public 
     housing agencies that partner with eligible state Medicaid 
     agencies and state behavioral health entities as designated 
     by the Secretary of the Department of Health and Human 
     Services to provide housing in conjunction with Medicaid case 
     management, substance abuse treatment, and mental health 
     services: Provided further, That the Secretary of Housing and 
     Urban Development shall make the funding specified in this 
     subsection available through such allocation procedures as 
     the Secretary determines to be appropriate, notwithstanding 
     section 213 of the Housing and Community Development Act of 
     1974 (42 U.S.C. 1439) and section 204 (competition provision) 
     of this title, to entities with demonstrated experience and 
     that meet such other requirements as determined by the 
     Secretary: Provided further, That the Secretary of Housing 
     and Urban Development may waive, or specify alternative 
     requirements for any provision of any statute or regulation 
     that the Secretary of Housing and Urban Development 
     administers in connection with the use of funds made 
     available under this paragraph (except for requirements 
     related to fair housing, nondiscrimination, labor standards, 
     and the environment), upon a finding by the Secretary that 
     any such waivers or alternative requirements are necessary 
     for the effective delivery and administration of such voucher 
     assistance: Provided further, That the Secretary shall 
     publish in the Federal Register any waiver of any statute or 
     regulation that the Secretary administers pursuant to this 
     subsection no later than 10 days before the effective date of 
     such waiver: Provided further, That assistance made available 
     under this subsection shall continue to remain available for 
     these purposes upon turn-over.

                        housing certificate fund

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

                      public housing capital fund

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

                     public housing operating fund

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

     revitalization of severely distressed public housing (hope vi)

       For grants to public housing agencies for demolition, site 
     revitalization, replacement

[[Page 14637]]

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

                  native american housing block grants

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

                  native hawaiian housing block grant

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

           indian housing loan guarantee fund program account

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

      native hawaiian housing loan guarantee fund program account

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

                   Community Planning and Development

              housing opportunities for persons with aids

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

                       community development fund

       For assistance to units of State and local government, and 
     to other entities, for economic and community development 
     activities, and for other purposes, $4,352,100,000, to remain 
     available until September 30, 2013, unless otherwise 
     specified: Provided, That of the total amount provided, 
     $3,997,755,000 is for carrying out the community development 
     block grant program under title I of the Housing and 
     Community Development Act of 1974, as amended (the ``Act'' 
     herein) (42 U.S.C. 5301 et seq.): Provided further, That 
     unless explicitly provided for under this heading (except for 
     planning grants provided in the second paragraph and amounts 
     made available under the third paragraph), not to exceed 20 
     percent of any grant made with funds appropriated under this 
     heading shall be expended for planning and management 
     development and administration: Provided further, That the 
     Department shall notify grantees of their formula allocation 
     within 60 days of enactment of this Act: Provided further, 
     That $65,000,000 shall be for grants to Indian tribes 
     notwithstanding section 106(a)(1) of such Act, of which, 
     notwithstanding any other provision of law (including section 
     204 of this Act), up to $3,960,000 may be used for 
     emergencies that constitute imminent threats to health and 
     safety.
       Of the amount made available under this heading, 
     $77,145,000 shall be available for grants for the Economic 
     Development Initiative (EDI) to finance a variety of targeted 
     economic investments in accordance with the terms and 
     conditions specified in the explanatory statement 
     accompanying this Act: Provided, That none of the funds 
     provided under this paragraph may be used for program 
     operations: Provided further, That, for fiscal years 2008, 
     2009 and 2010, no unobligated funds for EDI grants may be 
     used for any purpose except acquisition, planning, design, 
     purchase of equipment, revitalization, redevelopment or 
     construction.
       Of the amount made available under this heading, 
     $12,200,000 shall be available for neighborhood initiatives 
     that are utilized to improve the conditions of distressed and 
     blighted areas and neighborhoods, to stimulate investment, 
     economic diversification, and community revitalization in 
     areas with population outmigration or a stagnating or 
     declining economic base, or to determine whether housing 
     benefits can be integrated more effectively with welfare 
     reform initiatives: Provided, That amounts made available 
     under this paragraph shall be provided in accordance with the 
     terms and conditions specified in the explanatory statement 
     accompanying this Act.
       The referenced statement of managers under the heading 
     ``Community Planning and Development'' in title II in 
     division I of Public Law 111-8 is deemed to be amended by 
     striking ``City of Wilson, NC, for demolition of dilapidated 
     structures from downtown Wilson to further downtown 
     redevelopment'' and inserting ``City of Wilson, NC, for the 
     renovation of blighted structures to enhance downtown 
     development''.
       The referenced statement of managers under the heading 
     ``Community Planning and Development'' in title II in 
     division I of Public Law 111-8 is deemed to be amended by 
     striking ``Catskill Visitor Interpretative Center, Shandaken, 
     NY, for construction of a visitor's center'' and inserting 
     ``New York State Department of Environmental Conservation, 
     NY, for planning and design of the Catskill Visitor 
     Interpretative Center''.
       The referenced statement of managers under the heading 
     ``Community Planning and Development'' in title II in 
     division I of Public Law 111-8 is deemed to be amended by 
     striking ``Charles County Department of Human Services, 
     Maryland, Port Tobacco, MD, for acquisition and 
     rehabilitation of the former Changing Point South facility as 
     a homeless shelter and transitional housing'' and inserting 
     ``Charles County Department of Human Services, Port Tobacco, 
     MD, for acquisition and rehabilitation of a facility''.
       Of the amounts made available under this heading, 
     $150,000,000 shall be made available for a Sustainable 
     Communities Initiative to improve regional planning efforts 
     that integrate housing and transportation decisions, and 
     increase the capacity to improve land use and zoning: 
     Provided, That grants under such Initiative may only be made 
     to metropolitan planning organizations (MPOs), rural planning 
     organizations, States or other units of general local 
     government, and housing- and transportation-related nonprofit 
     organizations: Provided further, That $100,000,000 shall be 
     for Regional Integrated Planning Grants to support the 
     linking of transportation and land use planning: Provided 
     further, That not less than $25,000,000 of the funding made 
     available for Regional Integrated Planning Grants shall be 
     awarded to metropolitan areas of less than 500,000: Provided 
     further, That $40,000,000 shall be for

[[Page 14638]]

     Community Challenge Planning Grants to foster reform and 
     reduce barriers to achieve affordable, economically vital, 
     and sustainable communities: Provided further, That before 
     funding is made available for Regional Integrated Planning 
     Grants or Community Challenge Planning Grants, the Secretary, 
     in coordination with the Secretary of Transportation, shall 
     submit a plan to the House and Senate Committees on 
     Appropriations, the Senate Committee on Banking and Urban 
     Affairs, and the House Committee on Financial Services 
     establishing grant criteria as well as performance measures 
     by which the success of grantees will be measured: Provided 
     further, That the Secretary will consult with the Secretary 
     of Transportation in evaluating grant proposals: Provided 
     further, That up to $10,000,000 shall be for a joint 
     Department of Housing and Urban Development and Department of 
     Transportation research effort that shall include a rigorous 
     evaluation of the Regional Integrated Planning Grants and 
     Community Challenge Planning Grants programs, as well as to 
     provide funding for a clearinghouse and capacity building 
     efforts: Provided further, That of the amounts made available 
     under this heading, $25,000,000 shall be made available for 
     the Rural Innovation Fund for grants to Indian tribes, State 
     housing finance agencies, State community and/or economic 
     development agencies, local rural nonprofits and community 
     development corporations to address the problems of 
     concentrated rural housing distress and community poverty: 
     Provided further, That of the funding made available under 
     the previous proviso, at least $5,000,000 shall be made 
     available to promote economic development and 
     entrepreneurship for federally recognized Indian Tribes, 
     through activities including the capitalization of revolving 
     loan programs and business planning and development, funding 
     is also made available for technical assistance to increase 
     capacity through training and outreach activities: Provided 
     further, That of the amounts made available under this 
     heading, $25,000,000 is for grants pursuant to section 107 of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5307).

         community development loan guarantees program account

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

                       brownfields redevelopment

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

                  home investment partnerships program

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

        self-help and assisted homeownership opportunity program

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

                       homeless assistance grants

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

                            Housing Programs

                    project-based rental assistance

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

[[Page 14639]]

     667): Provided further, That amounts recaptured under this 
     heading, the heading ``Annual Contributions for Assisted 
     Housing'', or the heading ``Housing Certificate Fund'' may be 
     used for renewals of or amendments to section 8 project-based 
     contracts or for performance-based contract administrators, 
     notwithstanding the purposes for which such amounts were 
     appropriated.

                        housing for the elderly

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

                 housing for persons with disabilities

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

                     Housing Counseling Assistance

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

                    other assisted housing programs

                       rental housing assistance

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

                            rent supplement

                              (rescission)

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

            payment to manufactured housing fees trust fund

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

                     Federal Housing Administration

               mutual mortgage insurance program account

                     (including transfer of funds)

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

                general and special risk program account

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

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

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

                    Policy Development and Research

                        research and technology

       For contracts, grants, and necessary expenses of programs 
     of research and studies

[[Page 14640]]

     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

[[Page 14641]]

     proportion to AIDS cases among cities and States that qualify 
     under clauses (i) and (ii) of such section and States deemed 
     eligible under subsection (a).
       (c) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2011 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the 
     City of New York, New York, on behalf of the New York-Wayne-
     White Plains, New York-New Jersey Metropolitan Division 
     (hereafter ``metropolitan division'') of the New York-Newark-
     Edison, NY-NJ-PA Metropolitan Statistical Area, shall be 
     adjusted by the Secretary of Housing and Urban Development 
     by: (1) allocating to the City of Jersey City, New Jersey, 
     the proportion of the metropolitan area's or division's 
     amount that is based on the number of cases of AIDS reported 
     in the portion of the metropolitan area or division that is 
     located in Hudson County, New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS; and (2) allocating to 
     the City of Paterson, New Jersey, the proportion of the 
     metropolitan area's or division's amount that is based on the 
     number of cases of AIDS reported in the portion of the 
     metropolitan area or division that is located in Bergen 
     County and Passaic County, New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS. The recipient cities 
     shall use amounts allocated under this subsection to carry 
     out eligible activities under section 855 of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12904) in their respective 
     portions of the metropolitan division that is located in New 
     Jersey.
       (d) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2011 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas 
     with a higher than average per capita incidence of AIDS, 
     shall be adjusted by the Secretary on the basis of area 
     incidence reported over a 3-year period.
       Sec. 204.  Except as explicitly provided in law, any grant, 
     cooperative agreement or other assistance made pursuant to 
     title II of this Act shall be made on a competitive basis and 
     in accordance with section 102 of the Department of Housing 
     and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
       Sec. 205.  Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     the Federal National Mortgage Association, Government 
     National Mortgage Association, Federal Home Loan Mortgage 
     Corporation, Federal Financing Bank, Federal Reserve banks or 
     any member thereof, Federal Home Loan banks, and any insured 
     bank within the meaning of the Federal Deposit Insurance 
     Corporation Act, as amended (12 U.S.C. 1811-1).
       Sec. 206.  Unless otherwise provided for in this Act or 
     through a reprogramming of funds, no part of any 
     appropriation for the Department of Housing and Urban 
     Development shall be available for any program, project or 
     activity in excess of amounts set forth in the budget 
     estimates submitted to Congress.
       Sec. 207.  Corporations and agencies of the Department of 
     Housing and Urban Development which are subject to the 
     Government Corporation Control Act, are hereby authorized to 
     make such expenditures, within the limits of funds and 
     borrowing authority available to each such corporation or 
     agency and in accordance with law, and to make such contracts 
     and commitments without regard to fiscal year limitations as 
     provided by section 104 of such Act as may be necessary in 
     carrying out the programs set forth in the budget for 2011 
     for such corporation or agency except as hereinafter 
     provided: Provided, That collections of these corporations 
     and agencies may be used for new loan or mortgage purchase 
     commitments only to the extent expressly provided for in this 
     Act (unless such loans are in support of other forms of 
     assistance provided for in this or prior appropriations 
     Acts), except that this proviso shall not apply to the 
     mortgage insurance or guaranty operations of these 
     corporations, or where loans or mortgage purchases are 
     necessary to protect the financial interest of the United 
     States Government.
       Sec. 208.  The Secretary of Housing and Urban Development 
     shall provide quarterly reports to the House and Senate 
     Committees on Appropriations regarding all uncommitted, 
     unobligated, recaptured and excess funds in each program and 
     activity within the jurisdiction of the Department and shall 
     submit additional, updated budget information to these 
     Committees upon request.
       Sec. 209. (a) Notwithstanding any other provision of law, 
     the amount allocated for fiscal year 2011 under section 
     854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
     12903(c)), to the City of Wilmington, Delaware, on behalf of 
     the Wilmington, Delaware-Maryland-New Jersey Metropolitan 
     Division (hereafter ``metropolitan division''), shall be 
     adjusted by the Secretary of Housing and Urban Development by 
     allocating to the State of New Jersey the proportion of the 
     metropolitan division's amount that is based on the number of 
     cases of AIDS reported in the portion of the metropolitan 
     division that is located in New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS. The State of New Jersey 
     shall use amounts allocated to the State under this 
     subsection to carry out eligible activities under section 855 
     of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
     portion of the metropolitan division that is located in New 
     Jersey.
       (b) Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development shall allocate to 
     Wake County, North Carolina, the amounts that otherwise would 
     be allocated for fiscal year 2011 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City 
     of Raleigh, North Carolina, on behalf of the Raleigh-Cary, 
     North Carolina Metropolitan Statistical Area. Any amounts 
     allocated to Wake County shall be used to carry out eligible 
     activities under section 855 of such Act (42 U.S.C. 12904) 
     within such metropolitan statistical area.
       (c) Notwithstanding section 854(c) of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12903(c)), the Secretary of 
     Housing and Urban Development may adjust the allocation of 
     the amounts that otherwise would be allocated for fiscal year 
     2011 under section 854(c) of such Act, upon the written 
     request of an applicant, in conjunction with the State(s), 
     for a formula allocation on behalf of a metropolitan 
     statistical area, to designate the State or States in which 
     the metropolitan statistical area is located as the eligible 
     grantee(s) of the allocation. In the case that a metropolitan 
     statistical area involves more than one State, such amounts 
     allocated to each State shall be in proportion to the number 
     of cases of AIDS reported in the portion of the metropolitan 
     statistical area located in that State. Any amounts allocated 
     to a State under this section shall be used to carry out 
     eligible activities within the portion of the metropolitan 
     statistical area located in that State.
       Sec. 210.  The President's formal budget request for fiscal 
     year 2012, as well as the Department of Housing and Urban 
     Development's congressional budget justifications to be 
     submitted to the Committees on Appropriations of the House of 
     Representatives and the Senate, shall use the identical 
     account and sub-account structure provided under this Act.
       Sec. 211.  A public housing agency or such other entity 
     that administers Federal housing assistance for the Housing 
     Authority of the county of Los Angeles, California, the 
     States of Alaska, Iowa, and Mississippi shall not be required 
     to include a resident of public housing or a recipient of 
     assistance provided under section 8 of the United States 
     Housing Act of 1937 on the board of directors or a similar 
     governing board of such agency or entity as required under 
     section (2)(b) of such Act. Each public housing agency or 
     other entity that administers Federal housing assistance 
     under section 8 for the Housing Authority of the county of 
     Los Angeles, California and the States of Alaska, Iowa and 
     Mississippi that chooses not to include a resident of Public 
     Housing or a recipient of section 8 assistance on the board 
     of directors or a similar governing board shall establish an 
     advisory board of not less than six residents of public 
     housing or recipients of section 8 assistance to provide 
     advice and comment to the public housing agency or other 
     administering entity on issues related to public housing and 
     section 8. Such advisory board shall meet not less than 
     quarterly.
       Sec. 212. (a) Notwithstanding any other provision of law, 
     subject to the conditions listed in subsection (b), for 
     fiscal years 2011 and 2012, the Secretary of Housing and 
     Urban Development may authorize the transfer of some or all 
     project-based assistance, debt and statutorily required low-
     income and very low-income use restrictions, associated with 
     one or more multifamily housing project to another 
     multifamily housing project or projects.
       (b) The transfer authorized in subsection (a) is subject to 
     the following conditions:
       (1) The number of low-income and very low-income units and 
     the net dollar amount of Federal assistance provided by the 
     transferring project shall remain the same in the receiving 
     project or projects.
       (2) The transferring project shall, as determined by the 
     Secretary, be either physically obsolete or economically non-
     viable.
       (3) The receiving project or projects shall meet or exceed 
     applicable physical standards established by the Secretary.
       (4) The owner or mortgagor of the transferring project 
     shall notify and consult with the tenants residing in the 
     transferring project and provide a certification of approval 
     by all appropriate local governmental officials.
       (5) The tenants of the transferring project who remain 
     eligible for assistance to be provided by the receiving 
     project or projects shall not be required to vacate their 
     units in the transferring project or projects until new units 
     in the receiving project are available for occupancy.
       (6) The Secretary determines that this transfer is in the 
     best interest of the tenants.

[[Page 14642]]

       (7) If either the transferring project or the receiving 
     project or projects meets the condition specified in 
     subsection (c)(2)(A), any lien on the receiving project 
     resulting from additional financing obtained by the owner 
     shall be subordinate to any FHA-insured mortgage lien 
     transferred to, or placed on, such project by the Secretary.
       (8) If the transferring project meets the requirements of 
     subsection (c)(2)(E), the owner or mortgagor of the receiving 
     project or projects shall execute and record either a 
     continuation of the existing use agreement or a new use 
     agreement for the project where, in either case, any use 
     restrictions in such agreement are of no lesser duration than 
     the existing use restrictions.
       (9) Any financial risk to the FHA General and Special Risk 
     Insurance Fund, as determined by the Secretary, would be 
     reduced as a result of a transfer completed under this 
     section.
       (10) The Secretary determines that Federal liability with 
     regard to this project will not be increased.
       (c) For purposes of this section--
       (1) the terms ``low-income'' and ``very low-income'' shall 
     have the meanings provided by the statute and/or regulations 
     governing the program under which the project is insured or 
     assisted;
       (2) the term ``multifamily housing project'' means housing 
     that meets one of the following conditions--
       (A) housing that is subject to a mortgage insured under the 
     National Housing Act;
       (B) housing that has project-based assistance attached to 
     the structure including projects undergoing mark to market 
     debt restructuring under the Multifamily Assisted Housing 
     Reform and Affordability Housing Act;
       (C) housing that is assisted under section 202 of the 
     Housing Act of 1959 as amended by section 801 of the 
     Cranston-Gonzales National Affordable Housing Act;
       (D) housing that is assisted under section 202 of the 
     Housing Act of 1959, as such section existed before the 
     enactment of the Cranston-Gonzales National Affordable 
     Housing Act; or
       (E) housing or vacant land that is subject to a use 
     agreement;
       (3) the term ``project-based assistance'' means--
       (A) assistance provided under section 8(b) of the United 
     States Housing Act of 1937;
       (B) assistance for housing constructed or substantially 
     rehabilitated pursuant to assistance provided under section 
     8(b)(2) of such Act (as such section existed immediately 
     before October 1, 1983);
       (C) rent supplement payments under section 101 of the 
     Housing and Urban Development Act of 1965;
       (D) interest reduction payments under section 236 and/or 
     additional assistance payments under section 236(f)(2) of the 
     National Housing Act; and
       (E) assistance payments made under section 202(c)(2) of the 
     Housing Act of 1959;
       (4) the term ``receiving project or projects'' means the 
     multifamily housing project or projects to which some or all 
     of the project-based assistance, debt, and statutorily 
     required use low-income and very low-income restrictions are 
     to be transferred;
       (5) the term ``transferring project'' means the multifamily 
     housing project which is transferring some or all of the 
     project-based assistance, debt and the statutorily required 
     low-income and very low-income use restrictions to the 
     receiving project or projects; and
       (6) the term ``Secretary'' means the Secretary of Housing 
     and Urban Development.
       Sec. 213.  The funds made available for Native Alaskans 
     under the heading ``Native American Housing Block Grants'' in 
     title III of this Act shall be allocated to the same Native 
     Alaskan housing block grant recipients that received funds in 
     fiscal year 2005.
       Sec. 214.  No funds provided under this title may be used 
     for an audit of the Government National Mortgage Association 
     that makes applicable requirements under the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661 et seq.).
       Sec. 215. (a) No assistance shall be provided under section 
     8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) 
     to any individual who--
       (1) is enrolled as a student at an institution of higher 
     education (as defined under section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002));
       (2) is under 24 years of age;
       (3) is not a veteran;
       (4) is unmarried;
       (5) does not have a dependent child;
       (6) is not a person with disabilities, as such term is 
     defined in section 3(b)(3)(E) of the United States Housing 
     Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
     assistance under such section 8 as of November 30, 2005; and
       (7) is not otherwise individually eligible, or has parents 
     who, individually or jointly, are not eligible, to receive 
     assistance under section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f).
       (b) For purposes of determining the eligibility of a person 
     to receive assistance under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f), any financial 
     assistance (in excess of amounts received for tuition) that 
     an individual receives under the Higher Education Act of 1965 
     (20 U.S.C. 1001 et seq.), from private sources, or an 
     institution of higher education (as defined under the Higher 
     Education Act of 1965 (20 U.S.C. 1002)), shall be considered 
     income to that individual, except for a person over the age 
     of 23 with dependent children.
       Sec. 216. (a) Section 255(g) of the National Housing Act 
     (12 U.S.C. 1715z-20) is amended by striking the first 
     sentence.
       Sec. 217.  Notwithstanding any other provision of law, in 
     fiscal year 2010, in managing and disposing of any 
     multifamily property that is owned or has a mortgage held by 
     the Secretary of Housing and Urban Development, the Secretary 
     shall maintain any rental assistance payments under section 8 
     of the United States Housing Act of 1937 and other programs 
     that are attached to any dwelling units in the property. To 
     the extent the Secretary determines, in consultation with the 
     tenants and the local government, that such a multifamily 
     property owned or held by the Secretary is not feasible for 
     continued rental assistance payments under such section 8 or 
     other programs, based on consideration of (1) the costs of 
     rehabilitating and operating the property and all available 
     Federal, State, and local resources, including rent 
     adjustments under section 524 of the Multifamily Assisted 
     Housing Reform and Affordability Act of 1997 (``MAHRAA'') and 
     (2) environmental conditions that cannot be remedied in a 
     cost-effective fashion, the Secretary may, in consultation 
     with the tenants of that property, contract for project-based 
     rental assistance payments with an owner or owners of other 
     existing housing properties, or provide other rental 
     assistance. The Secretary shall also take appropriate steps 
     to ensure that project-based contracts remain in effect prior 
     to foreclosure, subject to the exercise of contractual 
     abatement remedies to assist relocation of tenants for 
     imminent major threats to health and safety. After 
     disposition of any multifamily property described under this 
     section, the contract and allowable rent levels on such 
     properties shall be subject to the requirements under section 
     524 of MAHRAA.
       Sec. 218.  During fiscal year 2011, in the provision of 
     rental assistance under section 8(o) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a 
     program to demonstrate the economy and effectiveness of 
     providing such assistance for use in assisted living 
     facilities that is carried out in the counties of the State 
     of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) 
     of such section 8(o), a family residing in an assisted living 
     facility in any such county, on behalf of which a public 
     housing agency provides assistance pursuant to section 
     8(o)(18) of such Act, may be required, at the time the family 
     initially receives such assistance, to pay rent in an amount 
     exceeding 40 percent of the monthly adjusted income of the 
     family by such a percentage or amount as the Secretary of 
     Housing and Urban Development determines to be appropriate.
       Sec. 219.  The Secretary of Housing and Urban Development 
     shall report quarterly to the House of Representatives and 
     Senate Committees on Appropriations on HUD's use of all sole 
     source contracts, including terms of the contracts, cost, and 
     a substantive rationale for using a sole source contract.
       Sec. 220.  Notwithstanding any other provision of law, the 
     recipient of a grant under section 202b of the Housing Act of 
     1959 (12 U.S.C. 1701q) after December 26, 2000, in accordance 
     with the unnumbered paragraph at the end of section 202(b) of 
     such Act, may, at its option, establish a single-asset 
     nonprofit entity to own the project and may lend the grant 
     funds to such entity, which may be a private nonprofit 
     organization described in section 831 of the American 
     Homeownership and Economic Opportunity Act of 2000.
       Sec. 221. (a) The amounts provided under the subheading 
     ``Program Account'' under the heading ``Community Development 
     Loan Guarantees'' may be used to guarantee, or make 
     commitments to guarantee, notes, or other obligations issued 
     by any State on behalf of non-entitlement communities in the 
     State in accordance with the requirements of section 108 of 
     the Housing and Community Development Act of 1974 in fiscal 
     year 2011 and subsequent years: Provided, That, any State 
     receiving such a guarantee or commitment shall distribute all 
     funds subject to such guarantee to the units of general local 
     government in non-entitlement areas that received the 
     commitment.
       (b) Not later than 60 days after the date of enactment of 
     this Act, the Secretary of Housing and Urban Development 
     shall promulgate regulations governing the administration of 
     the funds described under subsection (a).
       Sec. 222.  Section 24 of the United States Housing Act of 
     1937 (42 U.S.C. 1437v) is amended--
       (1) in subsection (m)(1), by striking ``fiscal year'' and 
     all that follows through the period at the end and inserting 
     ``fiscal year 2011.''; and
       (2) in subsection (o), by striking ``September'' and all 
     that follows through the period at the end and inserting 
     ``September 30, 2011.''.
       Sec. 223.  Public housing agencies that own and operate 400 
     or fewer public housing units may elect to be exempt from any 
     asset management requirement imposed by the Secretary of 
     Housing and Urban Development in

[[Page 14643]]

     connection with the operating fund rule: Provided, That an 
     agency seeking a discontinuance of a reduction of subsidy 
     under the operating fund formula shall not be exempt from 
     asset management requirements.
       Sec. 224.  With respect to the use of amounts provided in 
     this Act and in future Acts for the operation, capital 
     improvement and management of public housing as authorized by 
     sections 9(d) and 9(e) of the United States Housing Act of 
     1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not 
     impose any requirement or guideline relating to asset 
     management that restricts or limits in any way the use of 
     capital funds for central office costs pursuant to section 
     9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 
     (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing 
     agency may not use capital funds authorized under section 
     9(d) for activities that are eligible under section 9(e) for 
     assistance with amounts from the operating fund in excess of 
     the amounts permitted under section 9(g)(1) or 9(g)(2).
       Sec. 225.  No official or employee of the Department of 
     Housing and Urban Development shall be designated as an 
     allotment holder unless the Office of the Chief Financial 
     Officer has determined that such allotment holder has 
     implemented an adequate system of funds control and has 
     received training in funds control procedures and directives. 
     The Chief Financial Officer shall ensure that, not later than 
     90 days after the date of enactment of this Act, there is a 
     trained allotment holder shall be designated for each HUD 
     subaccount under the headings ``Executive Direction'' and 
     heading ``Administration, Operations, and Management'' as 
     well as each account receiving appropriations for ``personnel 
     compensation and benefits'' within the Department of Housing 
     and Urban Development.
       Sec. 226.  Payment of attorney fees in program-related 
     litigation must be paid from individual program office 
     personnel benefits and compensation funding. The annual 
     budget submission for program office personnel benefit and 
     compensation funding must include program-related litigation 
     costs for attorney fees as a separate line item request.
       Sec. 227. (a) Approval of Prepayment of Debt.--Upon request 
     of the project sponsor of a project assisted with a loan 
     under section 202 of the Housing Act of 1959 (as in effect 
     before the enactment of the Cranston-Gonzalez National 
     Affordable Housing Act), for which the Secretary's consent to 
     prepayment is required, the Secretary shall approve the 
     prepayment of any indebtedness to the Secretary relating to 
     any remaining principal and interest under the loan as part 
     of a prepayment plan under which--
       (1) the project sponsor agrees to operate the project until 
     the maturity date of the original loan under terms at least 
     as advantageous to existing and future tenants as the terms 
     required by the original loan agreement or any project-based 
     rental assistance payments contract under section 8 of the 
     United States Housing Act of 1937 (or any other project-based 
     rental housing assistance programs of the Department of 
     Housing and Urban Development, including the rent supplement 
     program under section 101 of the Housing and Urban 
     Development Act of 1965 (12 U.S.C. 1701s)) or any successor 
     project-based rental assistance program, except as provided 
     by subsection (a)(2)(B); and
       (2) the prepayment may involve refinancing of the loan if 
     such refinancing results--
       (A) in a lower interest rate on the principal of the loan 
     for the project and in reductions in debt service related to 
     such loan; or
       (B) in the case of a project that is assisted with a loan 
     under such section 202 carrying an interest rate of 6 percent 
     or lower, a transaction under which--
       (i) the project owner shall address the physical needs of 
     the project;
       (ii) the prepayment plan for the transaction, including the 
     refinancing, shall meet a cost benefit analysis, as 
     established by the Secretary, that the benefit of the 
     transaction outweighs the cost of the transaction including 
     any increases in rent charged to unassisted tenants;
       (iii) the overall cost for providing rental assistance 
     under section 8 for the project (if any) is not increased, 
     except, upon approval by the Secretary to--

       (I) mark-up-to-market contracts pursuant to section 
     524(a)(3) of the Multifamily Assisted Housing Reform and 
     Affordability Act (42 U.S.C. 1437f note), as such section is 
     carried out by the Secretary for properties owned by 
     nonprofit organizations; or
       (II) mark-up-to-budget contracts pursuant to section 
     524(a)(4) of the Multifamily Assisted Housing Reform and 
     Affordability Act (42 U.S.C. 1437f note), as such section is 
     carried out by the Secretary for properties owned by eligible 
     owners (as such term is defined in section 202(k) of the 
     Housing Act of 1959 (12 U.S.C. 1701q(k));

       (iv) the project owner may charge tenants rent sufficient 
     to meet debt service payments and operating cost 
     requirements, as approved by the Secretary, if project-based 
     rental assistance is not available or is insufficient for the 
     debt service and operating cost of the project after 
     refinancing. Such approval by the Secretary--

       (I) shall be the basis for the owner to agree to terminate 
     the project-based rental assistance contract that is 
     insufficient for the debt service and operating cost of the 
     project after refinancing; and
       (II) shall be an eligibility event for the project for 
     purposes of section 8(t) of the United States Housing Act of 
     1937 (42 U.S.C. 1437f(t));

       (v) units to be occupied by tenants assisted under section 
     8(t) of the United States Housing Act of 1937 (42 U.S.C. 
     1437f(t)) shall, upon termination of the occupancy of such 
     tenants, become eligible for project-based assistance under 
     section 8(o)(13) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(o)(13)) without regard to the percentage 
     limitations provided in such section; and
       (vi) there shall be a use agreement of 20 years from the 
     date of the maturity date of the original 202 loan for all 
     units, including units to be occupied by tenants assisted 
     under section 8(t) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(t)).
       Sec. 228.  No property identified by the Secretary of 
     Housing and Urban Development as surplus Federal property for 
     use to assist the homeless shall be made available to any 
     homeless group unless the group is a member in good standing 
     under any of HUD's homeless assistance programs or is in good 
     standing with any other program which receives funds from any 
     other Federal or State agency or entity: Provided, That an 
     exception may be made for an entity not involved with Federal 
     homeless programs to use surplus Federal property for the 
     homeless only after the Secretary or another responsible 
     Federal agency has fully and comprehensively reviewed all 
     relevant finances of the entity, the track record of the 
     entity in assisting the homeless, the ability of the entity 
     to manage the property, including all costs, the ability of 
     the entity to administer homeless programs in a manner that 
     is effective to meet the needs of the homeless population 
     that is expected to use the property and any other related 
     issues that demonstrate a commitment to assist the homeless: 
     Provided further, That the Secretary shall not require the 
     entity to have cash in hand in order to demonstrate financial 
     ability but may rely on the entity's prior demonstrated 
     fundraising ability or commitments for in-kind donations of 
     goods and services: Provided further, That the Secretary 
     shall make all such information and its decision regarding 
     the award of the surplus property available to the committees 
     of jurisdiction, including a full justification of the 
     appropriateness of the use of the property to assist the 
     homeless as well as the appropriateness of the group seeking 
     to obtain the property to use such property to assist the 
     homeless: Provided further, That, this section shall apply to 
     properties in fiscal years 2010 and 2011 made available as 
     surplus Federal property for use to assist the homeless.
       Sec. 229.  The Secretary of the Department of Housing and 
     Urban Development is authorized to transfer up to 5 percent 
     of funds appropriated for any account under this title under 
     the heading ``Personnel Compensation and Benefits'' to any 
     other account under this title under the heading ``Personnel 
     Compensation and Benefits'' only after such transfer has been 
     submitted to, and received prior written approval by, the 
     House and Senate Committees on Appropriations: Provided, 
     That, no appropriation for any such account shall be 
     increased or decreased by more than 10 percent by all such 
     transfers.
       Sec. 230.  Notwithstanding any other provision of law, in 
     determining the market value of any multifamily real property 
     or multifamily loan for any noncompetitive sale to a State or 
     local government, the Secretary shall in fiscal year 2011 
     consider, but not be limited to, industry standard appraisal 
     practices, including the cost of repairs needed to bring the 
     property into such condition as to satisfy minimum State and 
     local code standards and the cost of maintaining the 
     affordability restrictions imposed by the Secretary on the 
     multifamily real property or multifamily loan.
       Sec. 231.  The Disaster Housing Assistance Programs, 
     administered by the Department of Housing and Urban 
     Development, shall be considered a ``program of the 
     Department of Housing and Urban Development'' under section 
     904 of the McKinney Act for the purpose of income 
     verifications and matching.
       Sec. 232.  Section 203(c)(2)(B) of the National Housing Act 
     (12 U.S.C. 1709(c)(2)(B)) is amended to read as follows: 
     ``(B) In addition to the premium under subparagraph (A), the 
     Secretary may establish and collect annual premium payments 
     in an amount not exceeding 1.50 percent of the remaining 
     insured principal balance (excluding the portion of the 
     remaining balance attributable to the premium collected under 
     subparagraph (A) and without taking into account delinquent 
     payments or prepayments). The Secretary, by publication of a 
     notice in the Federal Register, may establish or change the 
     amount of the premium under subparagraph (A) or the annual 
     premium, and the period of the mortgage term for which an 
     annual premium amount shall apply.''.
       Sec. 233.  For an additional amount for the 
     ``Administration, Operations and Management'' account, 
     $2,070,635, to increase the Department's acquisition 
     workforce capacity and capabilities: Provided, That such 
     funds may be transferred by the Secretary to any other 
     account in the Department to carry out the purposes provided 
     herein: Provided

[[Page 14644]]

     further, That such transfer authority is in addition to any 
     other transfer authority provided in this Act: Provided 
     further, That such funds shall be available only to 
     supplement and not to supplant existing acquisition workforce 
     activities: Provided further, That such funds shall be 
     available for training, recruitment, retention, and hiring 
     additional members of the acquisition workforce as defined by 
     the Office of Federal Procurement Policy Act, as amended (41 
     U.S.C. 401 et seq.): Provided further, That such funds shall 
     be available for information technology in support of 
     acquisition workforce effectiveness or for management 
     solutions to improve acquisition management.
       Sec. 234.  The paragraphs under the heading ``Flexible 
     Subsidy Fund'' in Public Law 108-447 and in Public Law 109-
     115 are repealed.
       Sec. 235. (a) Loan Limit Floor Based on 2008 Levels.--For 
     mortgages for which the mortgagee issues credit approval for 
     the borrower during fiscal year 2011, if the dollar amount 
     limitation on the principal obligation of a mortgage 
     determined under section 203(b)(2) of the National Housing 
     Act (12 U.S.C. 1709(b)(2)) for any size residence for any 
     area is less than such dollar amount limitation that was in 
     effect for such size residence for such area for 2008 
     pursuant to section 202 of the Economic Stimulus Act of 2008 
     (Public Law 110-185; 122 Stat. 620), notwithstanding any 
     other provision of law or of this joint resolution, the 
     maximum dollar amount limitation on the principal obligation 
     of a mortgage for such size residence for such area for 
     purposes of such section 203(b)(2) shall be considered 
     (except for purposes of section 255(g) of such Act (12 
     U.S.C.1715z-20(g))) to be such dollar amount limitation in 
     effect for such size residence for such area for 2008.
       (b) Discretionary Authority for Sub-Areas.--Notwithstanding 
     any other provision of law or of this joint resolution, if 
     the Secretary of Housing and Urban Development determines, 
     for any geographic area that is smaller than an area for 
     which dollar amount limitations on the principal obligation 
     of a mortgage are determined under section 203(b)(2) of the 
     National Housing Act, that a higher such maximum dollar 
     amount limitation is warranted for any particular size or 
     sizes of residences in such sub-area by higher median home 
     prices in such sub-area, the Secretary may, for mortgages for 
     which the mortgagee issues credit approval for the borrower 
     during calendar year 2010, increase the maximum dollar amount 
     limitation for such size or sizes of residences for such sub-
     area that is otherwise in effect (including pursuant to 
     subsection (a) of this section), but in no case to an amount 
     that exceeds the amount specified in section 202(a)(2) of the 
     Economic Stimulus Act of 2008.
       Sec. 236. (a) Loan Limit Floor Based on 2008 Levels.--For 
     mortgages originated during fiscal year 2011, if the 
     limitation on the maximum original principal obligation of a 
     mortgage that may be purchased by the Federal National 
     Mortgage Association or the Federal Home Loan Mortgage 
     Corporation determined under section 302(b)(2) of the Federal 
     National Mortgage Association Charter Act (12 U.S.C. 
     1717(b)(2)) or section 305(a)(2) of the Federal Home Loan 
     Mortgage Corporation Act (12 U.S.C.1754(a)(2)) respectively, 
     for any size residence for any area is less than such maximum 
     original principal obligation limitation that was in effect 
     for such size residence for such area for 2008 pursuant to 
     section 201 of the Economic Stimulus Act of 2008 (Public Law 
     110-185; 122 Stat. 619), notwithstanding any other provision 
     of law or of this joint resolution, the limitation on the 
     maximum original principal obligation of a mortgage for such 
     Association and Corporation for such size residence for such 
     area shall be such maximum limitation in effect for such size 
     residence for such area for 2008.
       (b) Discretionary Authority for Sub-Areas.--Notwithstanding 
     any other provision of law or of this joint resolution, if 
     the Director of the Federal Housing Finance Agency 
     determines, for any geographic area that is smaller than an 
     area for which limitations on the maximum original principal 
     obligation of a mortgage are determined for the Federal 
     National Mortgage Association or the Federal Home Loan 
     Mortgage Corporation, that a higher such maximum original 
     principal obligation limitation is warranted for any 
     particular size or sizes of residences in such sub-area by 
     higher median home prices in such sub-area, the Director may, 
     for mortgages originated during calendar year 2010, increase 
     the maximum original principal obligation limitation for such 
     size or sizes of residences for such sub-area that is 
     otherwise in effect (including pursuant to subsection (a) of 
     this section) for such Association and Corporation, but in no 
     case to an amount that exceeds the amount specified in the 
     matter following the comma in section 201(a)(l)(B) of the 
     Economic Stimulus Act of 2008.
       Sec. 237.  Notwithstanding any other provision of this 
     joint resolution, for mortgages for which the mortgagee 
     issues credit approval for the borrower during fiscal year 
     2011, the second sentence of section 255(g) of the National 
     Housing Act (12 U.S.C. 1715z-20(g)) shall be considered to 
     require that in no case may the benefits of insurance under 
     such section 255 exceed 150 percent of the maximum dollar 
     amount in effect under the sixth sentence of section 
     305(a)(2) of the Federal Home Loan Mortgage Corporation Act 
     (12 U.S.C. 1454(a)(2)).
       Sec. 238.  None of the funds in this Act shall be available 
     for salaries and expenses of more than 75 political and 
     Presidential appointees in the Department of Housing and 
     Urban Development: Provided, That none of the personnel 
     covered by this provision may be assigned on temporary detail 
     outside the Department of Housing and Urban Development.
       This title may be cited as the ``Department of Housing and 
     Urban Development Appropriations Act, 2011''.

                      TITLE III--RELATED AGENCIES

                              Access Board

                         salaries and expenses

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

                      Federal Maritime Commission

                         salaries and expenses

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

                National Railroad Passenger Corporation

                      office of inspector general

                         salaries and expenses

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

                  National Transportation Safety Board

                         salaries and expenses

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

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

       For payment to the Neighborhood Reinvestment Corporation 
     for use in neighborhood reinvestment activities, as 
     authorized by the Neighborhood Reinvestment Corporation Act 
     (42 U.S.C. 8101-8107), $137,000,000, of which $5,000,000 
     shall be for a multi-family rental housing program: Provided, 
     That in addition, $35,000,000 shall be made available until 
     expended for capital grants to rehabilitate or finance the 
     rehabilitation of affordable housing units, including 
     necessary administrative expenses: Provided further, That in 
     addition, $113,000,000 shall be made available until expended 
     to the Neighborhood Reinvestment Corporation for mortgage 
     foreclosure mitigation activities, under the following terms 
     and conditions:
       (1) The Neighborhood Reinvestment Corporation (``NRC''), 
     shall make grants to counseling intermediaries approved by 
     the Department of Housing and Urban Development (HUD) (with 
     match to be determined

[[Page 14645]]

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

           United States Interagency Council on Homelessness

                           operating expenses

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

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

       Sec. 401.  Such sums as may be necessary for fiscal year 
     2010 pay raises for programs funded in this Act shall be 
     absorbed within the levels appropriated in this Act or 
     previous appropriations Acts.
       Sec. 402.  None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 403.  None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 404.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 405.  Except as otherwise provided in this Act, none 
     of the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2010, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds or personnel for 
     any program, project, or activity for which funds have been 
     denied or restricted by the Congress; (4) proposes to use 
     funds directed for a specific activity by either the House or 
     Senate Committees on Appropriations for a different purpose; 
     (5) augments existing programs, projects, or activities in 
     excess of $5,000,000 or 10 percent, whichever is less; (6) 
     reduces existing programs, projects, or activities by 
     $5,000,000 or 10 percent, whichever is less; or (7) creates, 
     reorganizes, or restructures a branch, division, office, 
     bureau, board, commission, agency, administration, or 
     department different from the budget justifications submitted 
     to the Committees on Appropriations or the table accompanying 
     the explanatory statement accompanying this Act, whichever is 
     more detailed, unless prior approval is received from the 
     House and Senate Committees on Appropriations: Provided, That 
     not later than 60 days after the date of enactment of this 
     Act, each agency funded by this Act shall submit a report to 
     the Committees on Appropriations of the Senate and of the 
     House of Representatives to establish the baseline for 
     application of reprogramming and transfer authorities for the 
     current fiscal year: Provided further, That the report shall 
     include: (1) a table for each appropriation with a separate 
     column to display the President's budget request, adjustments 
     made by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level; (2) a 
     delineation in the table for each appropriation both by 
     object class and program, project, and activity as detailed 
     in the budget appendix for the respective appropriation; and 
     (3) an identification of items of special congressional 
     interest: Provided further, That the amount appropriated or 
     limited for salaries and expenses for an agency shall be 
     reduced by $100,000 per day for each day after the required 
     date that the report has not been submitted to the Congress.
       Sec. 406.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2011 from 
     appropriations made available for salaries and expenses for 
     fiscal year 2011 in this Act, shall remain available through 
     September 30, 2012, for each such account for the purposes 
     authorized: Provided, That a request shall be submitted to 
     the House and Senate Committees on Appropriations for 
     approval prior to the expenditure of such funds: Provided 
     further, That these requests shall be made in compliance with 
     reprogramming guidelines under section 405 of this Act.
       Sec. 407.  All Federal agencies and departments that are 
     funded under this Act shall issue a report to the House and 
     Senate Committees on Appropriations on all sole source 
     contracts by no later than July 30, 2010. Such report shall 
     include the contractor, the amount of the contract and the 
     rationale for using a sole source contract.
       Sec. 408. (a) None of the funds made available in this Act 
     may be obligated or expended for any employee training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity

[[Page 14646]]

     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 409.  No funds in this Act may be used to support any 
     Federal, State, or local projects that seek to use the power 
     of eminent domain, unless eminent domain is employed only for 
     a public use: Provided, That for purposes of this section, 
     public use shall not be construed to include economic 
     development that primarily benefits private entities: 
     Provided further, That any use of funds for mass transit, 
     railroad, airport, seaport or highway projects as well as 
     utility projects which benefit or serve the general public 
     (including energy-related, communication-related, water-
     related and wastewater-related infrastructure), other 
     structures designated for use by the general public or which 
     have other common-carrier or public-utility functions that 
     serve the general public and are subject to regulation and 
     oversight by the government, and projects for the removal of 
     an immediate threat to public health and safety or 
     brownsfield as defined in the Small Business Liability Relief 
     and Brownsfield Revitalization Act (Public Law 107-118) shall 
     be considered a public use for purposes of eminent domain.
       Sec. 410.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 411.  No part of any appropriation contained in this 
     Act shall be available to pay the salary for any person 
     filling a position, other than a temporary position, formerly 
     held by an employee who has left to enter the Armed Forces of 
     the United States and has satisfactorily completed his period 
     of active military or naval service, and has within 90 days 
     after his release from such service or from hospitalization 
     continuing after discharge for a period of not more than 1 
     year, made application for restoration to his former position 
     and has been certified by the Office of Personnel Management 
     as still qualified to perform the duties of his former 
     position and has not been restored thereto.
       Sec. 412.  No funds appropriated pursuant to this Act may 
     be expended in contravention of sections 2 through 4 of the 
     Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as 
     the ``Buy American Act'').
       Sec. 413.  No funds appropriated or otherwise made 
     available under this Act shall be made available to any 
     person or entity that has been convicted of violating the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 414.  None of the funds made available in this Act may 
     be used for first-class airline accommodations in 
     contravention of sections 301-10.122 and 301-10.123 of title 
     41, Code of Federal Regulations.
       Sec. 415.  None of the funds made available in this Act may 
     be used to purchase a light bulb for an office building 
     unless the light bulb has, to the extent practicable, an 
     Energy Star or Federal Energy Management Program designation.
       Sec. 416.  None of the funds made available under this Act 
     or any prior Act may be provided to the Association of 
     Community Organizations for Reform Now (ACORN), or any of its 
     affiliates, subsidiaries, or allied organizations.
       Sec. 417.  None of the funds provided in this Act for any 
     program, project, or activity that is considered to be a 
     congressional earmark for purposes of clause 9 of rule XXI of 
     the Rules of the House of Representatives of the 111th 
     Congress may be awarded to a for-profit entity.
       Sec. 418. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network blocks the viewing, downloading, and 
     exchanging of pornography.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, or adjudication activities.
       Sec. 419. (a) None of the funds appropriated or otherwise 
     made available by this Act may be obligated by any covered 
     executive agency in contravention of the certification 
     requirement of section 6(b) of the Iran Sanctions Act of 
     1996, as included in the revisions to the Federal Acquisition 
     Regulation pursuant to such section.

  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:


[[Page 14647]]

       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 
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.
  I reserve the balance of my time.
  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.


[[Page 14648]]


  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 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).

[[Page 14649]]


  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.
  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

[[Page 14650]]

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 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

[[Page 14651]]

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.
       (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

[[Page 14652]]

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.
  The CHAIR. The time of the gentleman has expired.
  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 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. HIMES. Mr. Chair, I rise today to support the Latham Amendment to 
the Transportation, Housing & Urban Development Appropriations bill. I 
support this amendment in lieu of the very similar amendment I 
sponsored to cut unnecessary and duplicative programs in an effort to 
save taxpayer dollars.
  As the economy begins its recovery, it is critical that we begin to 
get our fiscal house in order. Our nation's deficit grows larger every 
day; our national debt now tops $13 trillion.
  Earlier this year, I stood before you and called for serious and 
smart reductions in spending.
  I committed to opposing any spending that would not lead to at least 
a one percent total cut in the budget, excluding entitlements such as 
Medicare, veterans' pensions, and Social Security. According to last 
year's budget numbers, a cut of this size would save approximately $12 
billion in just one year.
  Going above and beyond that promise, and frustrated with the current 
approach to deficit spending, I joined three of my house colleagues in 
introducing 4 bills, each highlighting specific programmatic cuts that 
together would save $70 billion over the next ten years.
  While small, across the board, percentage cuts on spending bills as 
many of my colleagues in the House support is one way to begin to 
reduce our overall spending, I believe that now is the time to bring 
specific ideas to the table. This prospect is not easy, and must be 
done carefully and thoughtfully.
  To that end, I joined with a group of colleagues similarly committed 
to cutting spending and drafted an amendment that would have put in 
place a number of these types of cuts. However, it became clear that my 
amendment did not have the support it needed to pass. The Majority 
party was unwilling to make the tough choices to cut spending, and the 
Minority party refused to support an amendment offered by the opposite 
party.
  The intent of the Latham Amendment mirrors the intent Peters 
Amendment. The cuts in this amendment are also in the spirit of the 
recommendations set forth by the Administration. In his budget 
proposal, the President worked with the Secretaries of each federal 
agency to determine which programs work and which programs don't work. 
They worked

[[Page 14653]]

to determine which programs need more funding to reach their intended 
goal, and which programs must be reorganized and even in some cases 
terminated because they are ineffective or duplicative.
  We must listen to our cabinet secretaries, those with the most acute 
knowledge of the inner workings of their agencies, and fund their 
programmatic needs while cutting funding for programs that they deem 
either ineffective or complete in achieving their intended purpose.
  Cutting budgets is never easy. Vulnerable people who need assistance 
depend on our help. Forward-thinking investment is critical to long-
term prosperity. Of particular importance to me are housing programs--
programs that I have dedicated a significant portion of my career to 
improving and creating. I support these programs in principle and am 
committed to ensuring their functions remain fulfilled. However, in 
these situations where duplicate, inefficient, and nonexistent programs 
are still receiving funding, we must take action and make cuts, both to 
protect taxpayer dollars and to protect the populations these programs 
are intended to serve. I am also acutely aware of the struggles of 
those in the transportation industry, especially in Connecticut, where 
the unemployment rate continues to grow. I intend to continue to look 
for ways to spur job creation while bringing down our federal deficit.
  The federal budgeting process should reflect an effort to make cuts 
where alternative programs--public or private--could work better; make 
investments in areas, like education and infrastructure, the will fuel 
future prosperity; and change programs where efficiencies can be 
achieved.
  The amendment I supported today maintains those priorities while 
helping put our country on a path toward fiscal sustainability.
  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.
  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.

[[Page 14654]]


  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.
  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

[[Page 14655]]

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 14656]]



                          ____________________