Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2011

Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2011 - Title I: Department of Transportation - Department of Transportation Appropriations Act, 2011 - Makes appropriations for FY2011 to the Department of Transportation (DOT), including: (1) the Office of the Secretary; (2) the Federal Aviation Administration (FAA); (3) the Federal Highway Administration (FHWA); (4) the Federal Motor Carrier Safety Administration; (5) the National Highway Traffic Safety Administration (NHTSA); (6) the Federal Railroad Administration (FRA); (7) the Federal Transit Administration (FTA); (8) the Saint Lawrence Seaway Development Corporation; (9) the Maritime Administration; (10) the Pipeline and Hazardous Materials Safety Administration; (11) the Research and Innovative Technology Administration; (12) the Office of Inspector General; and (13) the Surface Transportation Board (STB).

(Sec. 102) Prohibits any funds made available under this Act from being obligated or expended to establish or implement a program under which essential air service (EAS) communities are required to assume subsidy costs commonly referred to as the EAS local participation program.

(Sec. 103) Authorizes the Secretary of Transportation (DOT) or designee to lobby states and state legislators to consider proposals for the reduction of motorcycle fatalities.

(Sec. 104) Directs the Secretary to post on the DOT website: (1) any National Infrastructure Investments program grant requests or applications received by DOT before such grants are awarded; and (2) a complete description of criteria used in the selection of program grants at least five days after their award.

Requires the DOT Office of Inspector General to audit 10% of grant program recipients to ensure that program funds are used appropriately and within the scope of the grant awarded.

(Sec. 110) Prohibits the use of funds to compensate more than 600 technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development during FY2011.

(Sec. 111) Prohibits the use of funds to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the FAA 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. Exempts from this prohibition any negotiations between the agency and airport sponsors to: (1) achieve agreement on "below-market" rates for these items; or (2) grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities.

(Sec. 112) Authorizes the FAA Administrator to reimburse amounts made available from certain fees to carry out the EAS program.

(Sec. 113) Requires that amounts collected for safety-related training and operational services to foreign aviation authorities 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) Prohibits the use of any funds appropriated or limited by this Act to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey.

(Sec. 115) Prohibits Airport Improvement Program (AIP) grant funds from being made available to a sponsor of a commercial service airport that fails to agree to a request from the Secretary for cost-free space in a nonrevenue producing, public use area of the airport to carry out a public service air passenger rights and consumer out-reach campaign.

(Sec. 117) Prohibits the obligation of funds for an FAA employee to purchase a store gift card or gift certificate through use of a government-issued credit card.

(Sec. 120) Prescribes requirements, including a formula, for certain FY2011 distributions from the obligation limitation for federal-aid highways.

(Sec. 121) Allows crediting to the federal-aid highways account of funds received by the Bureau of Transportation Statistics from the sale of data products to reimburse the Bureau for necessary expenses.

(Sec. 122) Requires the Secretary to make an informal public notice and comment opportunity on the intent of the waiver before waiving any Buy America requirement for federal-aid highway projects.

(Sec. 123) Prohibits the use of funds to approve or authorize the imposition of a toll on any segment of a federal highway in the state of Texas that: (1) is not tolled; (2) is constructed with federal assistance; and (3) is in actual operation.

States that this prohibition does not apply to: (1) any federal-aid system highway segment that will have the same number of nontoll lanes as existed before a toll is imposed; or (2) any high-occupancy vehicle (HOV) lane converted to a toll lane if an HOV may use the toll lane without paying a toll or the HOV lane was constructed as a temporary lane to be replaced by a toll lane.

(Sec. 124) Requires the Secretary to make available for the Federal Highway Administration Livable Communities Program a maximum total of $200 million from funds appropriated for certain other federal-aid highway programs.

(Sec. 125) Deems specified revisions to certain explanatory statements referenced in the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2010 and the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2009 with respect to: (1) a certain Delta Region Transportation Development Program improvement project in Arizona; (2) a certain Interstate Maintenance Discretionary improvement project in Ohio; (3) a specified surface transportation project priority in Bronx, New York; and (4) a certain Transportation, Community, and System Preservation Program improvement project in Georgia.

(Sec. 126) Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to revise the item descriptions of specified high priority project authorizations in New York and Wisconsin.

(Sec. 127) Amends the Transportation Equity Act for the 21st Century to revise the item descriptions for specified high priority project authorizations in Massachusetts and Minnesota.

(Sec. 128) Rescinds a specified amount of unobligated balances under certain prior Department of Transportation and Related Agencies Appropriations Acts.

(Sec. 129) Rescinds a specified amount of unobligated balances for FHWA highway related safety grants.

(Sec. 130) Rescinds permanently a specified amount for FHWA administrative expenses.

(Sec. 135) Subjects funds appropriated or limited in this Act to certain safety examination and other requirements of the Department of Transportation and Related Agencies Appropriations Act, 2002 and the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 relating to Mexico-domiciled motor carriers involved in cross-border trucking between the United States and Mexico, including an annual report to the congressional appropriations committees on the safety and security of transportation into the United States by such carriers.

(Sec. 140) Makes certain additional funds available to NHTSA to pay for: (1) travel and related expenses for state management reviews; and (2) core competency development training and related expenses for highway safety staff.

(Sec. 141) Declares that certain limitations on obligations for NHTSA programs shall not apply to any obligational authority made available in previous public laws for multiple years, except to the extent that the obligational authority has not lapsed or been used.

(Sec. 142) Rescinds permanently specified funds made available in prior appropriations Acts for Highway Traffic Safety Grants.

(Sec. 150) Declares that funds provided in this Act for the National Railroad Passenger Corporation (Amtrak) shall immediately cease to be available to Amtrak in the event that it contracts to have provided at or from any location outside the United States 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) Authorizes the Secretary to receive cash or spare parts from non-federal sources to repair damages to or replace federally-owned automated track inspection cars and equipment as a result of third party liability for such damages.

(Sec. 160) Declares that the limitations on obligations for FTA programs shall not apply to any grant authority previously made available for obligation, or to any other authority previously made available for obligation.

(Sec. 161) Declares that funds appropriated by this Act for specified FTA capital investment grants and bus and bus facilities projects which are 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) Authorizes certain transfers of any public transportation funds appropriated before October 1, 2010, that remain available for expenditure.

(Sec. 163) Authorizes the use of unobligated FTA capital investment grants funds for new fixed guideway systems projects.

(Sec. 164) Requires unobligated funds or recoveries under the capital investment grants program for new fixed guideway capital projects that are available to the Secretary of Transportation for reallocation to be directed to projects eligible to use the funds for the purposes for which they were originally provided.

(Sec. 170) Authorizes the Maritime Administration to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy of property under its control.

(Sec. 182) Prohibits the availability of the funds in this Act for salaries and expenses of more than 110 political and Presidential appointees in the DOT. Prohibits assignment of any of such appointees on temporary detail outside the Department.

(Sec. 183) Prohibits the use of funds for the National Highway Safety Advisory Committee.

(Sec. 184) Prohibits any recipient of funds made available in this Act from disseminating personal information obtained by a state department of motor vehicles in connection with a motor vehicle record, except as permitted under specified federal criminal law.

Prohibits the Secretary, however, from withholding funds provided in this Act for any grantee if a state fails to comply with this prohibition.

(Sec. 187) Authorizes the Secretary to allow the issuer of any preferred stock heretofore sold to the Department to redeem or repurchase it upon the payment to the Department of an amount the Secretary determines.

(Sec. 188) Requires the Secretary to notify the congressional appropriations committees at least three full business days before announcing any discretionary grant award, letter of intent, or full funding grant agreement totaling $1 million or more from certain grant programs, including the federal highway emergency relief program, the FAA AIP, any FRA grant, or any FTA program other than the formula grants and fixed guideway modernization programs.

(Sec. 190) Makes available for reimbursement of recovery costs any recovered funds that the Secretary has determined represent improper DOT payments to a third party contractor under a financial assistance award.

(Sec. 192) Prohibits the use of funds by the STB to charge or collect any filing fee for rate complaints filed with it in an amount in excess of that authorized for district court civil suit filing fees under the federal judicial code.

(Sec. 193) Authorizes the DOT Working Capital Fund to provide payments in advance to vendors to carry out the federal transit pass transportation fringe benefit program.

(Sec. 194) Makes additional appropriations for DOT salaries and expenses to increase and improve DOT acquisition workforce capacity and capabilities.

Title II: Department of Housing and Urban Development - Department of Housing and Urban Development Appropriations Act, 2011 - Makes appropriations for FY2011 to the Department of Housing and Urban Development (HUD) for: (1) administration, operations, and management; (2) the Office of Public and Indian Housing; (3) the Office of Community Planning and Development; (4) the Office of Housing and the Federal Housing Administration (FHA); (5) the Government National Mortgage Association (Ginnie Mae); (6) Office of Policy Development and Research; (7) Office of Fair Housing and Equal Opportunity; (8) the Office of Healthy Homes and Lead Hazard Control; and (9) the Office of Inspector General.

General Provisions: Department of Housing and Urban Development - (Sec. 201) Requires rescission of 50% of the amounts of budget authority (or, in the alternative, remittance to the Treasury of 50% of the associated cash amounts) that are recaptured from certain state-, local government-, or local housing agency-financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988. Requires such recaptured budget authority or funds, as well as any budget authority or cash recaptured and not rescinded or remitted to the Treasury, to be used by state housing finance agencies or local governments or local housing agencies with HUD-approved projects for which settlement occurred after January 1, 1992.

Authorizes the Secretary of HUD (Secretary in this title), all the same, to award up to 15% of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their projects at a lower interest rate.

(Sec. 202) Prohibits the use of funds during FY2011 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 to achieve or prevent action by a government official or entity, or a court of competent jurisdiction.

(Sec. 203) Directs the Secretary to make a grant under certain authority of the AIDS Housing Opportunity Act for any state that received an allocation in a prior fiscal year, but is not otherwise eligible for an FY2011 allocation because the areas in the state outside of qualifying metropolitan statistical areas do not have the number of cases of acquired immunodeficiency syndrome (AIDS) otherwise required.

Prescribes a formula for the allocation of such grants to Jersey City and Paterson, New Jersey.

(Sec. 204) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with the Department of Housing and Urban Development Reform Act of 1989.

(Sec. 205) Makes certain funds available, without regard to limitations on administrative expenses, for: (1) legal services on a contract or fee basis; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.

(Sec. 207) Authorizes any HUD corporations and agencies subject to the Government Corporation Control Act to make expenditures, contracts, and commitments without regard to fiscal year limitations as necessary to carry out their FY2011 budgets.

(Sec. 208) Directs the Secretary to report quarterly to the congressional appropriations committees regarding all uncommitted, unobligated, recaptured, and excess funds in each program and activity within HUD jurisdiction, along with additional, updated budget information upon request.

(Sec. 209) Requires the Secretary to: (1) adjust the funds allocated for FY2011 under the AIDS Housing Opportunity Act to Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division; and (2) allocate a portion to the state of New Jersey according to a specified formula.

Directs the Secretary to allocate to Wake County, North Carolina, certain funds that otherwise would be allocated for FY2011 under such Act to Raleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area.

Authorizes the Secretary to: (1) adjust FY2011 allocations under such Act upon the written request of a grant applicant for a formula allocation on behalf of a metropolitan statistical area; and (2) designate the state or states in which the metropolitan statistical area is located as the eligible grantee(s) of the allocation.

(Sec. 210) Requires the President's formal budget request for FY2011 and HUD's congressional budget justifications to use the identical account and subaccount structure provided under this Act.

(Sec. 211) Declares that a public housing agency (PHA), or other entity, that administers federal housing assistance for the Housing Authority of the county of Los Angeles, California, or the states of Alaska, Iowa, or Mississippi shall not be required to include a resident of public housing or a recipient of section 8 rental assistance (under the United States Housing Act of 1937) on the agency or entity governing board.

Requires each such PHA (or other entity) that chooses not to include such individuals on its governing board to establish an advisory board, which shall meet at least quarterly, consisting of at least six residents of public housing or section 8 rental assistance recipients.

(Sec. 212) Authorizes the Secretary for FY2011-FY2012, subject to specified conditions, to 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.

(Sec. 213) Requires that the funds made available for Native American Housing Block Grants in title III of this Act be allocated to the same recipients that received funds in FY2005.

(Sec. 214) Prohibits the use of funds provided under this title for an audit of Ginnie Mae that applies certain requirements of the Federal Credit Reform Act of 1990.

(Sec. 215) Prohibits any section 8 rental assistance to any individual who: (1) is enrolled as a student at an institution of higher education; (2) is under age 24; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, and was not receiving section 8 assistance as of November 30, 2005; and (7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive such assistance.

Declares that, for section 8 rental assistance eligibility purposes, any financial assistance (in excess of amounts received for tuition) that an individual receives under the Higher Education Act of 1965, from private sources, or an institution of higher education shall be considered income to that individual, except for a person over age 23 with dependent children.

(Sec. 216) Amends the National Housing Act to remove the 275,000 limitation on the number of home equity conversion mortgages (HECMs, or reverse mortgages) for elderly homeowners the Secretary may insure.

(Sec. 217) Requires the Secretary during FY2010, in managing and disposing of any multifamily property that is owned or has a mortgage held by HUD, and during the process of foreclosure on any property with a contract for section 8 rental assistance payments or other federal programs, to maintain any rental assistance payments attached to any dwelling units in the property. Authorizes the Secretary, however, to the extent that such a multifamily property is not feasible for continued payments, based on specified cost, operation, or environmental considerations, to: (1) contract, in consultation with the property's tenants, for project-based rental assistance payments with an owner or owners of other existing housing properties; or (2) provide other rental assistance.

(Sec. 218) States that, during FY2011, a family residing in an assisted living facility in any county of Michigan with a section 8 rental assistance demonstration program, and on behalf of which a PHA provides such assistance, may be required, when the family initially receives the assistance, to pay rent in an amount exceeding 40% of the family's monthly adjusted income by any percentage or amount the Secretary determines appropriate.

(Sec. 219) Requires the Secretary to report quarterly to congressional appropriations committees on HUD use of all sole source contracts.

(Sec. 220) Authorizes any recipient after December 26, 2000, of a grant for conversion of elderly housing to assisted living facilities to: (1) establish a single-asset nonprofit entity to own the project; and (2) lend the grant funds to such entity, which may be a for-profit limited partnership the sole general partner of which is a private nonprofit organization meeting specified requirements, or a corporation wholly owned and controlled by such a private nonprofit organization.

(Sec. 221) Authorizes the use of Community Development Loan Guarantee funds in FY2011 and thereafter to guarantee, or make commitments to guarantee, notes or other obligations issued by any state on behalf of its non-entitlement communities.

(Sec. 222) Amends the United States Housing Act of 1937 to extend through FY2011 the authorization of appropriations for demolition, site revitalization, replacement housing, and tenant-based assistance project grants to PHAs.

(Sec. 223) Authorizes PHAs that own and operate 400 or fewer public housing units to elect to be exempt from any asset management requirements imposed by the Secretary in connection with the operating fund rule.

Prohibits exemption from such requirements, however, for an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula.

(Sec. 224) Prohibits the Secretary, with respect to the use of funds for the operation, capital improvement, and management of public housing authorized by the United States Housing Act of 1937, from imposing any asset management requirement or guideline that restricts or limits in any way the use of capital funds for central office costs.

Prohibits a PHA, however, from using capital funds authorized for eligible operation and management activities with operating funds in excess of specified permitted amounts.

(Sec. 225) Prohibits designation of a HUD official or employee as an allotment holder unless he or she has: (1) implemented an adequate system of funds control; and (2) received training in funds control procedures and directives.

(Sec. 226) Requires payment of attorney fees in program-related litigation from individual program office personnel benefits and compensation funding.

(Sec. 227) Authorizes the Secretary, upon the request of the project sponsor, and subject to certain conditions, to approve prepayment of a HUD loan for supportive housing for the elderly under the Housing Act of 1959 (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act).

(Sec. 228) Prohibits the availability to any homeless group of designated surplus federal property 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 receiving federal or state funds.

Allows an exception to this requirement for an entity not involved with federal homeless programs if it meets specified financial, track record, and property management requirements.

(Sec. 230) Directs the Secretary, during FY2011, to consider, but not be limited to, industry standard appraisal practices in determining the market value of any multifamily real property or loan for any noncompetitive sale to a state or local government.

(Sec. 231) Considers the HUD-administered Disaster Housing Assistance Programs as a HUD program under the McKinney Act for income verifications and matching purposes.

(Sec. 232) Amends the National Housing Act with respect to the additional mortgage insurance premium the Secretary may establish and collect annually on the remaining insured principal mortgage balance. Eliminates specified periods for premium payments which depend on the size of the mortgage.

Authorizes the Secretary, by publication of a notice in the Federal Register, to establish or change the amount of the current premium, the annual premium, and the period of the mortgage term for which an annual premium amount shall apply.

(Sec. 233) Appropriates additional funds to HUD's Administration, Operations and Management account to increase HUD acquisition workforce capacity and capabilities.

(Sec. 234) Amends the Consolidated Appropriations Act, 2005 and the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 to repeal the required transfer to the Flexible Subsidy Fund of all uncommitted balances of certain excess rental charges in the Rental Housing Assistance Fund and any collections made during FY2005, FY2006, or subsequent fiscal years.

(Sec. 235) Extends through FY2011 the current FHA, Fannie Mae, and Ginnie Mae loan limits for high-cost areas, allowing agency discretion to increase such limits for sub-areas meeting specified requirements.

(Sec. 237) Declares that, for home equity conversion mortgages (HECMs, or reverse mortgages) for elderly homeowners for which the mortgagee issues credit approval for the borrower during FY2011, mortgage insurance benefits shall not exceed 150% of the maximum dollar amount in effect of the original principal obligation of conventional mortgages purchased the Federal Home Loan Mortgage Corporation.

(Sec. 238) Prohibits: (1) the availability of funds in this Act for salaries and expenses of more than 75 HUD political and presidential appointees; or (2) the assignment of such personnel on temporary detail outside of HUD.

Title III: Related Agencies - Makes appropriations for FY2011 to: (1) the Access Board; (2) the Federal Maritime Commission; (3) the Office of Inspector General for the National Railroad Passenger Corporation (Amtrak); (4) the National Transportation Safety Board; (5) the Neighborhood Reinvestment Corporation; and (6) the U.S. Interagency Council on Homelessness.

Amends the McKinney-Vento Homeless Assistance Act to extend the U.S. Interagency Council on Homelessness through FY2011.

Title IV: General Provisions (This Act) - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.

(Sec. 401) Requires any sums necessary for FY2010 pay raises for programs funded in this Act to be absorbed within the levels appropriated in this or previous appropriations Acts.

(Sec. 402) Prohibits the use of funds for the planning or execution of any program to pay the expenses of, or otherwise compensate, nonfederal parties intervening in regulatory or adjudicatory proceedings funded in this Act.

(Sec. 407) Requires all federal agencies and departments funded by this Act to report by July 30, 2010, to the congressional appropriations committees on all sole source contracts.

(Sec. 409) Prohibits the use of funds 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.

(Sec. 411) Prohibits payment of the salary from any appropriation under this Act for any person filling a position (other than temporary) formerly held by an employee who has: (1) left to enter the U.S. Armed Forces; (2) satisfactorily completed his or her period of active military or naval service; (3) within 90 days after release from such service, or from hospitalization continuing after discharge for up to one year, applied for restoration to his former position; and (4) been certified by the Office of Personnel Management (OPM) as still qualified to perform the duties of his or her former position, but not been restored to it.

(Sec. 412) Prohibits the expenditure of funds in contravention of the Buy American Act.

(Sec. 413) Prohibits the availability of funds to any person or entity that has been convicted of violating the Buy American Act.

(Sec. 414) Prohibits the use of funds under this Act for first-class airline accommodations in contravention of specified federal regulations.

(Sec. 415) Prohibits the use of funds under this Act to purchase a light bulb for an office building unless it has, to the extent practicable, an Energy Star or Federal Energy Management Program designation.

(Sec. 416) Prohibits the provision of any funds made available under this or prior Acts to the Association of Community Organizations for Reform Now (ACORN) or its affiliates, subsidiaries, or allied organizations.

(Sec. 417) Prohibits an award of funds provided in this Act to a for-profit entity for any program, project, or activity considered to be a congressional earmark.

(Sec. 418) Prohibits the use of such funds from being made available to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

Exempts from such prohibition 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) Bars the obligation of funds appropriated or otherwise made available in this Act by any covered executive agency in contravention of the certification requirement of the Iran Sanctions Act of 1996, as included in the revisions to the Federal Acquisition Regulation pursuant to such Act.

(Sec. 420) Prohibits the use of such funds for doctoral dissertation research grants on HUD issues.

Reduces the amount otherwise provided by this Act to HUD for Policy Development and Research, Research and Technology.

(Sec. 421) Bars the use for travel expenses of funds made available in this Act to HUD for Management and Administration, Executive Direction.

(Sec. 422) Prohibits the use of funds to implement section 124 except as authorized by law after the date of enactment of this Act.

(Sec. 423) Bars the use of funds under this Act to prohibit or restrict the establishment or effectiveness of an occupancy preference for veterans in supportive housing for the elderly that: (1) is provided HUD assistance; and (2) is or would be located on Department of Veterans Affairs (VA) property, or is subject to an enhanced use lease with the VA.