DEPARTMENT OF
TRANSPORTATION
Office of the
Secretary
SUPPLEMENTAL
DISCRETIONARY GRANTS FOR A NATIONAL SURFACE
TRANSPORTATION SYSTEM
For an additional
amount for capital investments in surface
transportation infrastructure, $1,500,000,000,
to remain available through September 30, 2011:
Provided, That the Secretary of
Transportation shall distribute funds provided
under this heading as discretionary grants to be
awarded to State and local governments or
transit agencies 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, including interstate
rehabilitation, improvements to the rural
collector road system, the reconstruction of
overpasses and interchanges, bridge
replacements, seismic retrofit projects for
bridges, and road realignments; public
transportation projects eligible under chapter
53 of title 49, United States Code, including
investments in projects participating in the New
Starts or Small Starts programs that will
expedite the completion of those projects and
their entry into revenue service; passenger and
freight rail transportation projects; and port
infrastructure investments, including projects
that connect ports to other modes of
transportation and improve the efficiency of
freight movement: Provided further,
That of the amount made available under this
paragraph, the Secretary may use an amount not
to exceed $200,000,000 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 in distributing
funds provided under this heading, the Secretary
shall take such measures so as to ensure an
equitable geographic distribution of funds and
an appropriate balance in addressing the needs
of urban and rural communities: Provided
further, That a grant funded under this
heading shall be not less than $20,000,000 and
not greater than $300,000,000: Provided
further, That the Secretary may waive the
minimum grant size cited in the preceding
proviso for the purpose of funding significant
projects in smaller cities, regions, or States:
Provided further, That not more than 20
percent of the funds made available under this
paragraph 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 may be up
to 100 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,
and to projects that are expected to be
completed within 3 years of enactment of this
Act: Provided further, That the
Secretary shall publish criteria on which to
base the competition for any grants awarded
under this heading not later than 90 days after
enactment of this Act: Provided further,
That the Secretary shall require applications
for funding provided under this heading to be
submitted not later than 180 days after the
publication of such criteria, and announce all
projects selected to be funded from such funds
not later than 1 year after enactment of this
Act: 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 may retain up to $1,500,000 of the
funds provided under this heading, and may
transfer portions of those funds to the
Administrators of the Federal Highway
Administration, the Federal Transit
Administration, the Federal Railroad
Administration and the Maritime Administration,
to fund the award and oversight of grants made
under this heading.
Federal Aviation
Administration
supplemental
funding for facilities and equipment
For an additional
amount for necessary investments in Federal
Aviation Administration infrastructure,
$200,000,000, to remain available through
September 30, 2010: Provided, That
funding provided under this heading shall be
used to make improvements to power systems, air
route traffic control centers, air traffic
control towers, terminal radar approach control
facilities, and navigation and landing
equipment: Provided further, That
priority be given to such projects or activities
that will be completed within 2 years of
enactment of this Act: Provided further,
That amounts made available under this heading
may be provided through grants in addition to
the other instruments authorized under section
106(l)(6) of title 49, United States Code:
Provided further, That the Federal share of
the costs for which an expenditure is made under
this heading shall be 100 percent: Provided
further, That amounts provided under this
heading may be used for expenses the agency
incurs in administering this program:
Provided further, That not more than 60
days after enactment of this Act, the
Administrator shall establish a process for
applying, reviewing and awarding grants and
cooperative and other transaction agreements,
including the form and content of an
application, and requirements for the
maintenance of records that are necessary to
facilitate an effective audit of the use of the
funding provided: Provided further,
That section 50101 of title 49, United States
Code, shall apply to funds provided under this
heading.
GRANTS-IN-AID FOR
AIRPORTS
For an additional
amount for `Grants-In-Aid for Airports', to
enable the Secretary of Transportation to make
grants for discretionary projects as authorized
by subchapter 1 of chapter 471 and subchapter 1
of chapter 475 of title 49, United States Code,
and for the procurement, installation and
commissioning of runway incursion prevention
devices and systems at airports of such title,
$1,100,000,000, to remain available through
September 30, 2010: Provided, That such
funds shall not be subject to apportionment
formulas, special apportionment categories, or
minimum percentages under chapter 471:
Provided further, That the Secretary shall
distribute funds provided under this heading as
discretionary grants to airports, with priority
given to those projects that demonstrate to his
satisfaction their ability to be completed
within 2 years of enactment of this Act, and
serve to supplement and not supplant planned
expenditures from airport-generated revenues or
from other State and local sources on such
activities: Provided further, That the
Secretary shall award grants totaling not less
than 50 percent of the funds made available
under this heading within 120 days of enactment
of this Act, and award grants for the remaining
amounts not later than 1 year after enactment of
this Act: Provided further, That the
Federal share payable of the costs for which a
grant is made under this heading shall be 100
percent: Provided further, That the
amount made available under this heading shall
not be subject to any limitation on obligations
for the Grants-in-Aid for Airports program set
forth in any Act: Provided further,
That the Administrator of the Federal Aviation
Administration may retain up to 0.2 percent of
the funds provided under this heading to fund
the award and oversight by the Administrator of
grants made under this heading.
Federal Highway
Administration
HIGHWAY
INFRASTRUCTURE INVESTMENT
For an additional
amount for restoration, repair, construction and
other activities eligible under paragraph (b) of
section 133 of title 23, United States Code, and
for passenger and freight rail transportation
and port infrastructure projects eligible for
assistance under subsection 601(a)(8) of such
title, $27,500,000,000, to remain available
through September 30, 2010: Provided,
That, after making the set-asides required under
this heading, 50 percent of the funds made
available under this heading shall be
apportioned to States using the formula set
forth in section 104(b)(3) of title 23, United
States Code, and the remaining funds shall be
apportioned to States in the same ratio as the
obligation limitation for fiscal year 2008 was
distributed among the States in accordance with
the formula specified in section 120(a)(6) of
division K of Public Law 110-161: Provided
further, That funds made available under
this heading shall be apportioned not later than
21 days after the date of enactment of this Act:
Provided further, That in selecting
projects to be carried out with funds
apportioned under this heading, priority shall
be given to projects that are projected for
completion within a 3-year time frame, and are
located in economically distressed areas as
defined by section 301 of the Public Works and
Economic Development Act of 1965, as amended (42
U.S.C. 3161): Provided further, That
120 days following the date of such
apportionment, the Secretary of Transportation
shall withdraw from each State an amount equal
to 50 percent of the funds awarded to that State
(excluding funds suballocated within the State)
less the amount of funding obligated (excluding
funds suballocated within the State), and the
Secretary shall redistribute such amounts to
other States that have had no funds withdrawn
under this proviso in the manner described in
section 120(c) of division K of Public Law
110-161: Provided further, That 1 year
following the date of such apportionment, the
Secretary shall withdraw from each recipient of
funds apportioned under this heading any
unobligated funds, and the Secretary shall
redistribute such amounts to States that have
had no funds withdrawn under this proviso
(excluding funds suballocated within the State)
in the manner described in section 120(c) of
division K of Public Law 110-161: Provided
further, That at the request of a State,
the Secretary of Transportation may provide an
extension of such 1-year period only to the
extent that he feels satisfied that the State
has encountered extreme conditions that create
an unworkable bidding environment or other
extenuating circumstances: Provided further,
That before granting such an extension, the
Secretary shall send a letter to the House and
Senate Committees on Appropriations that
provides a thorough justification for the
extension: Provided further, That 3
percent of the funds apportioned to a State
under this heading shall be set aside for the
purposes described in subsection 133(d)(2) of
title 23, United States Code (without regard to
the comparison to fiscal year 2005):
Provided further, That 30 percent of the
funds apportioned to a State under this heading
shall be suballocated within the State in the
manner and for the purposes described in the
first sentence of subsection 133(d)(3)(A), in
subsection 133(d)(3)(B), and in subsection
133(d)(3)(D): Provided further, That
such suballocation shall be conducted in every
State: Provided further, That funds
suballocated within a State to urbanized areas
and other areas shall not be subject to the
redistribution of amounts required 120 days
following the date of apportionment of funds
provided under this heading: Provided
further, That of the funds provided under
this heading, $105,000,000 shall be for the
Puerto Rico highway program authorized under
section 165 of title 23, United States Code, and
$45,000,000 shall be for the territorial highway
program authorized under section 215 of title
23, United States Code: Provided further,
That of the funds provided under this heading,
$60,000,000 shall be for capital expenditures
eligible under section 147 of title 23, United
States Code (without regard to subsection(d)):
Provided further, That the Secretary of
Transportation shall distribute such $60,000,000
as competitive discretionary grants to States,
with priority given to those projects that
demonstrate to his satisfaction their ability to
be completed within 2 years of enactment of this
Act: Provided further, That of the
funds provided under this heading, $550,000,000
shall be for investments in transportation at
Indian reservations and Federal lands:
Provided further, That of the funds
identified in the preceding proviso,
$310,000,000 shall be for the Indian Reservation
Roads program, $170,000,000 shall be for the
Park Roads and Parkways program, $60,000,000
shall be for the Forest Highway Program, and
$10,000,000 shall be for the Refuge Roads
program: Provided further, That for
investments at Indian reservations and Federal
lands, priority shall be given to capital
investments, and to projects and activities that
can be completed within 2 years of enactment of
this Act: Provided further, That 1 year
following the enactment of this Act, to ensure
the prompt use of the $550,000,000 provided for
investments at Indian reservations and Federal
lands, the Secretary shall have the authority to
redistribute unobligated funds within the
respective program for which the funds were
appropriated: Provided further, That up
to 4 percent of the funding provided for Indian
Reservation Roads may be used by the Secretary
of the Interior for program management and
oversight and project-related administrative
expenses: Provided further, That
section 134(f)(3)(C)(ii)(II) of title 23, United
States Code, shall not apply to funds provided
under this heading: Provided further,
That of the funds made available under this
heading, $20,000,000 shall be for highway
surface transportation and technology training
under section 140(b) of title 23, United States
Code, and $20,000,000 shall be for disadvantaged
business enterprises bonding assistance under
section 332(e) of title 49, United States Code:
Provided further, That funds made
available under this heading shall be
administered as if apportioned under chapter 1
of title 23, United States Code, except for
funds made available for investments in
transportation at Indian reservations and
Federal lands, and for the territorial highway
program, which shall be administered in
accordance with chapter 2 of title 23, United
States Code, and except for funds made available
for disadvantaged business enterprises bonding
assistance, which shall be administered in
accordance with chapter 3 of title 49, United
States Code: Provided further, That the
Federal share payable on account of any project
or activity carried out with funds made
available under this heading shall be, at the
option of the recipient, up to 100 percent of
the total cost thereof: Provided further,
That funds made available by this Act shall not
be obligated for the purposes authorized under
section 115(b) of title 23, United States Code:
Provided further, That funding provided
under this heading shall be in addition to any
and all funds provided for fiscal years 2009 and
2010 in any other Act for `Federal-aid Highways'
and shall not affect the distribution of funds
provided for `Federal-aid Highways' in any other
Act: Provided further, That the amount
made available under this heading shall not be
subject to any limitation on obligations for
Federal-aid highways or highway safety
construction programs set forth in any Act:
Provided further, That section 1101(b) of
Public Law 109-59 shall apply to funds
apportioned under this heading: Provided
further, That the Administrator of the
Federal Highway Administration may retain up to
$40,000,000 of the funds provided under this
heading to fund the oversight by the
Administrator of projects and activities carried
out with funds made available to the Federal
Highway Administration in this Act, and such
funds shall be available through September 30,
2012.
Federal Railroad
Administration
CAPITAL ASSISTANCE
FOR HIGH SPEED RAIL CORRIDORS AND INTERCITY
PASSENGER RAIL SERVICE
For an additional
amount for section 501 of Public Law 110-432 and
discretionary grants to States to pay for the
cost of projects described in paragraphs (2)(A)
and (2)(B) of section 24401 of title 49, United
States Code, subsection (b) of section 24105 of
such title, $8,000,000,000, to remain available
through September 30, 2012: Provided,
That the Secretary of Transportation shall give
priority to projects that support the
development of intercity high speed rail
service: Provided further, That within
60 days of the enactment of this Act, the
Secretary shall submit to the House and Senate
Committees on Appropriations a strategic plan
that describes how the Secretary will use the
funding provided under this heading to improve
and deploy high speed passenger rail systems:
Provided further, That within 120 days
of enactment of this Act, the Secretary shall
issue interim guidance to applicants covering
grant terms, conditions, and procedures until
final regulations are issued: Provided
further, That such interim guidance shall
provide separate instructions for the high speed
rail corridor program, capital assistance for
intercity passenger rail service grants, and
congestion grants: Provided further,
That the Secretary shall waive the requirement
that a project conducted using funds provided
under this heading be in a State rail plan
developed under chapter 227 of title 49, United
States Code: Provided further, That the
Federal share payable of the costs for which a
grant is made under this heading shall be, at
the option of the recipient, up to 100 percent:
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
section 24405 of title 49, United States Code,
shall apply to funds provided under this
heading: Provided further, That the
Administrator of the Federal Railroad
Administration may retain up to one-quarter of 1
percent of the funds provided under this heading
to fund the award and oversight by the
Administrator of grants made under this heading,
and funds retained for said purposes shall
remain available through September 30, 2014.
CAPITAL GRANTS TO
THE NATIONAL RAILROAD PASSENGER CORPORATION
For an additional
amount for the National Railroad Passenger
Corporation (Amtrak) to enable the Secretary of
Transportation to make capital grants to Amtrak
as authorized by section 101(c) of the Passenger
Rail Investment and Improvement Act of 2008
(Public Law 110-432), $1,300,000,000, to remain
available through September 30, 2010, of which
$450,000,000 shall be used for capital security
grants: Provided, That priority for the
use of non-security funds shall be given to
projects for the repair, rehabilitation, or
upgrade of railroad assets or infrastructure,
and for capital projects that expand passenger
rail capacity including the rehabilitation of
rolling stock: Provided further, That
none of the funds under this heading shall be
used to subsidize the operating losses of
Amtrak: Provided further, That funds
provided under this heading shall be awarded not
later than 30 days after the date of enactment
of this Act: Provided further, That the
Secretary shall take measures to ensure that
projects funded under this heading shall be
completed within 2 years of enactment of this
Act, and shall serve to supplement and not
supplant planned expenditures for such
activities from other Federal, State, local and
corporate sources: Provided further,
That the Secretary shall certify to the House
and Senate Committees on Appropriations in
writing compliance with the preceding proviso:
Provided further, That not more than 60
percent of the funds provided for non-security
activities under this heading may be used for
capital projects along the Northeast Corridor:
Provided further, That of the funding
provided under this heading, $5,000,000 shall be
made available for the Amtrak Office of
Inspector General and made available through
September 30, 2013.
Federal Transit
Administration
TRANSIT CAPITAL
ASSISTANCE
For an additional
amount for transit capital assistance grants
authorized under section 5302(a)(1) of title 49,
United States Code, $6,900,000,000, to remain
available through September 30, 2010:
Provided, That the Secretary of
Transportation shall provide 80 percent of the
funds appropriated under this heading for grants
under section 5307 of title 49, United States
Code, and apportion such funds in accordance
with section 5336 of such title (other than
subsections (i)(1) and (j)): Provided
further, That the Secretary shall apportion
10 percent of the funds appropriated under this
heading in accordance with section 5340 of such
title: Provided further, That the
Secretary shall provide 10 percent of the funds
appropriated under this heading for grants under
section 5311 of title 49, United States Code,
and apportion such funds in accordance with such
section: Provided further, That funds
apportioned under this heading shall be
apportioned not later than 21 days after the
date of enactment of this Act: Provided
further, That 180 days following the date
of such apportionment, the Secretary shall
withdraw from each urbanized area or State an
amount equal to 50 percent of the funds
apportioned to such urbanized areas or States
less the amount of funding obligated, and the
Secretary shall redistribute such amounts to
other urbanized areas or States that have had no
funds withdrawn under this proviso utilizing
whatever method he deems appropriate to ensure
that all funds redistributed under this proviso
shall be utilized promptly: Provided
further, That 1 year following the date of
such apportionment, the Secretary shall withdraw
from each urbanized area or State any
unobligated funds, and the Secretary shall
redistribute such amounts to other urbanized
areas or States that have had no funds withdrawn
under this proviso utilizing whatever method he
deems appropriate to ensure that all funds
redistributed under this proviso shall be
utilized promptly: Provided further,
That at the request of an urbanized area or
State, the Secretary of Transportation may
provide an extension of such 1-year period if he
feels satisfied that the urbanized area or State
has encountered an unworkable bidding
environment or other extenuating circumstances:
Provided further, That before granting
such an extension, the Secretary shall send a
letter to the House and Senate Committees on
Appropriations that provides a thorough
justification for the extension: Provided
further, That of the funds provided for
section 5311 of title 49, United States Code,
2.5 percent shall be made available for section
5311(c)(1): Provided further, That of
the funding provided under this heading,
$100,000,000 shall be distributed as
discretionary grants to public transit agencies
for capital investments that will assist in
reducing the energy consumption or greenhouse
gas emissions of their public transportation
systems: Provided further, That for
such grants on energy-related investments,
priority shall be given to projects based on the
total energy savings that are projected to
result from the investment, and projected energy
savings as a percentage of the total energy
usage of the public transit agency: Provided
further, That applicable chapter 53
requirements shall apply to funding provided
under this heading, except that the Federal
share of the costs for which any grant is made
under this heading shall be, at the option of
the recipient, up to 100 percent: Provided
further, That the amount made available
under this heading shall not be subject to any
limitation on obligations for transit programs
set forth in any Act: Provided further,
That section 1101(b) of Public Law 109-59 shall
apply to funds appropriated under this heading:
Provided further, That the funds
appropriated under this heading shall not be
comingled with any prior year funds:
Provided further, That notwithstanding any
other provision of law, three-quarters of 1
percent of the funds provided for grants under
section 5307 and section 5340, and one-half of 1
percent of the funds provided for grants under
section 5311, shall be available for
administrative expenses and program management
oversight, and such funds shall be available
through September 30, 2012.
fixed guideway
infrastructure investment
For an amount for
capital expenditures authorized under section
5309(b)(2) of title 49, United States Code,
$750,000,000, to remain available through
September 30, 2010: Provided, That the
Secretary of Transportation shall apportion
funds under this heading pursuant to the formula
set forth in section 5337 of title 49, United
States Code: Provided further, That the
funds appropriated under this heading shall not
be commingled with any prior year funds:
Provided further, That funds made available
under this heading shall be apportioned not
later than 21 days after the date of enactment
of this Act: Provided further, That 180
days following the date of such apportionment,
the Secretary shall withdraw from each urbanized
area an amount equal to 50 percent of the funds
apportioned to such urbanized area less the
amount of funding obligated, and the Secretary
shall redistribute such amounts to other
urbanized areas that have had no funds withdrawn
under this proviso utilizing whatever method he
or she deems appropriate to ensure that all
funds redistributed under this proviso shall be
utilized promptly: Provided further,
That 1 year following the date of such
apportionment, the Secretary shall withdraw from
each urbanized area any unobligated funds, and
the Secretary shall redistribute such amounts to
other urbanized areas that have had no funds
withdrawn under this proviso utilizing whatever
method he or she deems appropriate to ensure
that all funds redistributed under this proviso
shall be utilized promptly: Provided further,
That at the request of an urbanized area, the
Secretary of Transportation may provide an
extension of such 1-year period if he or she
feels satisfied that the urbanized area has
encountered an unworkable bidding environment or
other extenuating circumstances: Provided
further, That before granting such an
extension, the Secretary shall send a letter to
the House and Senate Committees on
Appropriations that provides a thorough
justification for the extension: Provided
further, That applicable chapter 53
requirements shall apply except that the Federal
share of the costs for which a grant is made
under this heading shall be, at the option of
the recipient, up to 100 percent: Provided
further, That the provisions of section
1101(b) of Public Law 109-59 shall apply to
funds made available under this heading:
Provided further, That notwithstanding any
other provision of law, up to 1 percent of the
funds under this heading shall be available for
administrative expenses and program management
oversight and shall remain available for
obligation until September 30, 2012.
CAPITAL INVESTMENT
GRANTS
For an additional
amount for `Capital Investment Grants', as
authorized under section 5338(c)(4) of title 49,
United States Code, and allocated under section
5309(m)(2)(A) of such title, to enable the
Secretary of Transportation to make
discretionary grants as authorized by section
5309(d) and (e) of such title, $750,000,000, to
remain available through September 30, 2010:
Provided, That such amount shall be
allocated without regard to the limitation under
section 5309(m)(2)(A)(i): Provided further,
That in selecting projects to be funded,
priority shall be given to projects that are
currently in construction or are able to
obligate funds within 150 days of enactment of
this Act: Provided further, That the
provisions of section 1101(b) of Public Law
109-59 shall apply to funds made available under
this heading: Provided further, That
funds appropriated under this heading shall not
be commingled with any prior year funds:
Provided further, That applicable chapter
53 requirements shall apply, except that
notwithstanding any other provision of law, up
to 1 percent of the funds provided under this
heading shall be available for administrative
expenses and program management oversight, and
shall remain available through September 30,
2012.
Maritime
Administration
SUPPLEMENTAL
GRANTS FOR ASSISTANCE TO SMALL SHIPYARDS
To make grants to
qualified shipyards as authorized under section
3508 of Public Law 110-417 or section 54101 of
title 46, United States Code, $100,000,000, to
remain available through September 30, 2010:
Provided, That the Secretary of
Transportation shall institute measures to
ensure that funds provided under this heading
shall be obligated within 180 days of the date
of their distribution: Provided further,
That the Maritime Administrator may retain and
transfer to `Maritime Administration, Operations
and Training' up to 2 percent of the funds
provided under this heading to fund the award
and oversight by the Administrator of grants
made under this heading.
Office of
Inspector General
SALARIES AND
EXPENSES
For an additional
amount for necessary expenses of the Office of
Inspector General to carry out the provisions of
the Inspector General Act of 1978, as amended,
$20,000,000, to remain available through
September 30, 2013: Provided, That the
funding made available under this heading shall
be used for conducting audits and investigations
of projects and activities carried out with
funds made available in this Act to the
Department of Transportation: Provided
further, 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.
GENERAL
PROVISION--DEPARTMENT OF TRANSPORTATION
SEC. 1201. (a)
MAINTENANCE OF EFFORT- Not later than 30 days
after the date of enactment of this Act, for
each amount that is distributed to a State or
agency thereof from an appropriation in this Act
for a covered program, the Governor of the State
shall certify to the Secretary of Transportation
that the State will maintain its effort with
regard to State funding for the types of
projects that are funded by the appropriation.
As part of this certification, the Governor
shall submit to the Secretary of Transportation
a statement identifying the amount of funds the
State planned to expend from State sources as of
the date of enactment of this Act during the
period beginning on the date of enactment of
this Act through September 30, 2010, for the
types of projects that are funded by the
appropriation.
(b) FAILURE TO
MAINTAIN EFFORT-
If a State is
unable to maintain the level of effort
certified pursuant to subsection (a), the
State will be prohibited by the Secretary of
Transportation from receiving additional
limitation pursuant to the redistribution of
the limitation on obligations for
Federal-aid highway and highway safety
construction programs that occurs after
August 1 for fiscal year 2011.
(1) IN
GENERAL- Notwithstanding any other provision
of law, each grant recipient shall submit to
the covered agency from which they received
funding periodic reports on the use of the
funds appropriated in this Act for covered
programs. Such reports shall be collected
and compiled by the covered agency and
transmitted to Congress. Covered agencies
may develop such reports on behalf of grant
recipients to ensure the accuracy and
consistency of such reports.
(2) CONTENTS
OF REPORTS- For amounts received under each
covered program by a grant recipient under
this Act, the grant recipient shall include
in the periodic reports information
tracking-
(A) the
amount of Federal funds appropriated,
allocated, obligated, and outlayed under
the appropriation;
(B) the
number of projects that have been put
out to bid under the appropriation and
the amount of Federal funds associated
with such projects;
(C) the
number of projects for which contracts
have been awarded under the
appropriation and the amount of Federal
funds associated with such contracts;
(D) the
number of projects for which work has
begun under such contracts and the
amount of Federal funds associated with
such contracts;
(E) the
number of projects for which work has
been completed under such contracts and
the amount of Federal funds associated
with such contracts;
(F) the
number of direct, on-project jobs
created or sustained by the Federal
funds provided for projects under the
appropriation and, to the extent
possible, the estimated indirect jobs
created or sustained in the associated
supplying industries, including the
number of job-years created and the
total increase in employment since the
date of enactment of this Act; and
(G) for
each covered program report information
tracking the actual aggregate
expenditures by each grant recipient
from State sources for projects eligible
for funding under the program during the
period beginning on the date of
enactment of this Act through September
30, 2010, as compared to the level of
such expenditures that were planned to
occur during such period as of the date
of enactment of this Act.
(3) TIMING OF
REPORTS- Each grant recipient shall submit
the first of the periodic reports required
under this subsection not later than 90 days
after the date of enactment of this Act and
shall submit updated reports not later than
180 days, 1 year, 2 years, and 3 years after
such date of enactment.
(d) DEFINITIONS-
In this section, the following definitions
apply:
(1) COVERED
AGENCY- The term `covered agency' means the
Office of the Secretary of Transportation,
the Federal Aviation Administration, the
Federal Highway Administration, the Federal
Railroad Administration, the Federal Transit
Administration and the Maritime
Administration of the Department of
Transportation.
(2) COVERED
PROGRAM- The term `covered program' means
funds appropriated in this Act for
`Supplemental Discretionary Grants for a
National Surface Transportation System' to
the Office of the Secretary of
Transportation, for `Supplemental Funding
for Facilities and Equipment' and
`Grants-in-Aid for Airports' to the Federal
Aviation Administration; for `Highway
Infrastructure Investment' to the Federal
Highway Administration; for `Capital
Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service' and
`Capital Grants to the National Railroad
Passenger Corporation' to the Federal
Railroad Administration; for `Transit
Capital Assistance', `Fixed Guideway
Infrastructure Investment', and `Capital
Investment Grants' to the Federal Transit
Administration; and `Supplemental Grants for
Assistance to Small Shipyards' to the
Maritime Administration.
(3) GRANT
RECIPIENT- The term `grant recipient' means
a State or other recipient of assistance
provided under a covered program in this
Act. Such term does not include a Federal
department or agency.
(e)
Notwithstanding any other provision of law,
sections 3501-3521 of title 44, United States
Code, shall not apply to the provisions of this
section.
DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
Public and Indian
Housing
PUBLIC HOUSING
CAPITAL FUND
For an additional
amount for the `Public Housing Capital Fund' 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'),
$4,000,000,000, to remain available until
September 30, 2011: Provided, That the
Secretary of Housing and Urban Development shall
distribute $3,000,000,000 of this amount by the
same formula used for amounts made available in
fiscal year 2008, except that the Secretary may
determine not to allocate funding to public
housing agencies currently designated as
troubled or to public housing agencies that
elect not to accept such funding: Provided
further, That the Secretary shall obligate
funds allocated by formula within 30 days of
enactment of this Act: Provided further,
That the Secretary shall make available
$1,000,000,000 by competition for priority
investments, including investments that leverage
private sector funding or financing for
renovations and energy conservation retrofit
investments: Provided further, That the
Secretary shall obligate competitive funding by
September 30, 2009: Provided further,
That public housing authorities shall give
priority to capital projects that can award
contracts based on bids within 120 days from the
date the funds are made available to the public
housing authorities: Provided further,
That public housing agencies shall give priority
consideration to the rehabilitation of vacant
rental units: Provided further, That
public housing agencies shall prioritize capital
projects that are already underway or included
in the 5-year capital fund plans required by the
Act (42 U.S.C. 1437c-1(a)): Provided
further, That notwithstanding any other
provision of law, (1) funding provided under
this heading may not be used for operating or
rental assistance activities, and (2) any
restriction of funding to replacement housing
uses shall be inapplicable: Provided
further, That notwithstanding any other
provision of law, the Secretary shall institute
measures to ensure that funds provided under
this heading shall serve to supplement and not
supplant expenditures from other Federal, State,
or local sources or funds independently
generated by the grantee: Provided further,
That notwithstanding section 9(j), public
housing agencies shall obligate 100 percent of
the funds within 1 year of the date on which
funds become available to the agency for
obligation, shall expend at least 60 percent of
funds within 2 years of the date on which funds
become available to the agency for obligation,
and shall expend 100 percent of the funds within
3 years of such date: Provided further,
That if a public housing agency fails to comply
with the 1-year obligation requirement, the
Secretary shall recapture all remaining
unobligated funds awarded to the public housing
agency and reallocate such funds to agencies
that are in compliance with those requirements:
Provided further, That if a public
housing agency fails to comply with either the
2-year or the 3-year expenditure requirement,
the Secretary shall recapture the balance of the
funds awarded to the public housing agency and
reallocate such funds to agencies that are in
compliance with those requirements: Provided
further, That in administering funds
appropriated or otherwise made available under
this heading, the Secretary may waive or specify
alternative requirements for any provision of
any statute or regulation in connection with the
obligation by the Secretary or the use of these
funds (except for requirements related to fair
housing, nondiscrimination, labor standards, and
the environment), upon a finding that such a
waiver is necessary to expedite or facilitate
the use of such funds: Provided further,
That, in addition to waivers authorized under
the previous proviso, the Secretary may direct
that requirements relating to the procurement of
goods and services arising under state and local
laws and regulations shall not apply to amounts
made available under this heading: Provided
further, That of the funds made available
under this heading, up to .5 percent shall be
available for staffing, training, technical
assistance, technology, monitoring, travel,
enforcement, research and evaluation activities:
Provided further, That funds set aside
in the previous proviso shall remain available
until September 30, 2012: Provided further,
That any funds made available under this heading
used by the Secretary for personnel expenses
related to administering funding under this
heading shall be transferred to `Personnel
Compensation and Benefits, Office of Public and
Indian Housing' and shall retain the terms and
conditions of this account, including
reprogramming provisions, except that the period
of availability set forth in the previous
proviso shall govern such transferred funds:
Provided further, That any funds made
available under this heading used by the
Secretary for training or other administrative
expenses shall be transferred to
`Administration, Operations, and Management',
for non-personnel expenses of the Department of
Housing and Urban Development: Provided
further, That any funds made available
under this heading used by the Secretary for
technology shall be transferred to `Working
Capital Fund'.
Native American
Housing Block Grants
For an additional
amount for `Native American Housing Block
Grants', 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.), $510,000,000 to remain
available until September 30, 2011:
Provided, That $255,000,000 of the amount
provided under this heading shall be distributed
according to the same funding formula used in
fiscal year 2008: Provided further,
That the Secretary shall obligate funds
allocated by formula within 30 days of enactment
of this Act: Provided further, That the
amounts distributed through the formula shall be
used for new construction, acquisition,
rehabilitation including energy efficiency and
conservation, and infrastructure development:
Provided further, That in selecting
projects to be funded, recipients shall give
priority to projects for which contracts can be
awarded within 180 days from the date that funds
are available to the recipients: Provided
further, that the Secretary may obligate
$255,000,000 of the amount provided under this
heading for competitive grants to eligible
entities that apply for funds authorized under
NAHASDA: Provided further, That the
Secretary shall obligate competitive funding by
September 30, 2009: Provided further,
That in awarding competitive funds, the
Secretary shall give priority to projects that
will spur construction and rehabilitation and
will create employment opportunities for
low-income and unemployed persons: Provided
further, That recipients of funds under
this heading shall obligate 100 percent of such
funds within 1 year of the date funds are made
available to a recipient, expend at least 50
percent of such funds within 2 years of the date
on which funds become available to such
recipients for obligation and expend 100 percent
of such funds within 3 years of such date:
Provided further, That if a recipient fails
to comply with the 2-year expenditure
requirement, the Secretary shall recapture all
remaining funds awarded to the recipient and
reallocate such funds through the funding
formula to recipients that are in compliance
with these requirements: Provided further,
That if a recipient fails to comply with the
3-year expenditure requirement, the Secretary
shall recapture the balance of the funds
originally awarded to the recipient:
Provided further, That notwithstanding any
other provision of law, the Secretary may set
aside up to 2 percent of funds made available
under this paragraph for a housing entity
eligible to receive funding under title VIII of
NAHASDA (25 U.S.C. 4221 et seq.): Provided
further, That in administering funds
appropriated or otherwise made available under
this heading, the Secretary may waive or specify
alternative requirements for any provision of
any statute or regulation in connection with the
obligation by the Secretary or the use of these
funds (except for requirements related to fair
housing, nondiscrimination, labor standards, and
the environment), upon a finding that such a
waiver is necessary to expedite or facilitate
the use of such funds: Provided further,
That of the funds made available under this
heading, up to .5 percent shall be available for
staffing, training, technical assistance,
technology, monitoring, travel, enforcement,
research and evaluation activities: Provided
further, That funds set aside in the
previous proviso shall remain available until
September 30, 2012: Provided further,
That any funds made available under this heading
used by the Secretary for personnel expenses
related to administering funding under this
heading shall be transferred to `Personnel
Compensation and Benefits, Office of Public and
Indian Housing' and shall retain the terms and
conditions of this account, including
reprogramming provisions, except that the period
of availability set forth in the previous
proviso shall govern such transferred funds:
Provided further, That any funds made
available under this heading used by the
Secretary for training or other administrative
expenses shall be transferred to
`Administration, Operations, and Management',
for non-personnel expenses of the Department of
Housing and Urban Development: Provided
further, That any funds made available
under this heading used by the Secretary for
technology shall be transferred to `Working
Capital Fund'.
Community Planning
and Development
COMMUNITY
DEVELOPMENT FUND
For an additional
amount for `Community Development Fund'
$1,000,000,000, to remain available until
September 30, 2010 to carry out the community
development block grant program under title I of
the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.): Provided,
That the amount appropriated in this paragraph
shall be distributed pursuant to 42 U.S.C. 5306
to grantees that received funding in fiscal year
2008: Provided further, That in
administering the funds appropriated in this
paragraph, the Secretary of Housing and Urban
Development shall establish requirements to
expedite the use of the funds: Provided
further, That in selecting projects to be
funded, recipients shall give priority to
projects that can award contracts based on bids
within 120 days from the date the funds are made
available to the recipients: Provided
further, That in administering funds
appropriated or otherwise made available under
this heading, the Secretary may waive or specify
alternative requirements for any provision of
any statute or regulation in connection with the
obligation by the Secretary or the use by the
recipient of these funds (except for
requirements related to fair housing,
nondiscrimination, labor standards, and the
environment), upon a finding that such waiver is
necessary to expedite or facilitate the timely
use of such funds and would not be inconsistent
with the overall purpose of the statute.
For the provision
of emergency assistance for the redevelopment of
abandoned and foreclosed homes, as authorized
under division B, title III of the Housing and
Economic Recovery Act of 2008 (`the Act')
(Public Law 110-289) (42 U.S.C. 5301 note),
$2,000,000,000, to remain available until
September 30, 2010: Provided, That
grantees shall expend at least 50 percent of
allocated funds within 2 years of the date funds
become available to the grantee for obligation,
and 100 percent of such funds within 3 years of
such date: Provided further, That
unless otherwise noted herein, the provisions of
the Act govern the use of the additional funds
made available under this heading: Provided
further, That notwithstanding the
provisions of sections 2301(b) and (c)(1) and
section 2302 of the Act, funding under this
paragraph shall be allocated by competitions for
which eligible entities shall be States, units
of general local government, and nonprofit
entities or consortia of nonprofit entities,
which may submit proposals in partnership with
for profit entities: Provided further,
That in selecting grantees, the Secretary of
Housing and Urban Development shall ensure that
the grantees are in areas with the greatest
number and percentage of foreclosures and can
expend funding within the period allowed under
this heading: Provided further, That
additional award criteria for such competitions
shall include demonstrated grantee capacity to
execute projects, leveraging potential,
concentration of investment to achieve
neighborhood stabilization, and any additional
factors determined by the Secretary of Housing
and Urban Development: Provided further,
That the Secretary may establish a minimum grant
size: Provided further, That the
Secretary shall publish criteria on which to
base competition for any grants awarded under
this heading not later than 75 days after the
enactment of this Act and applications shall be
due to HUD not later than 150 days after the
enactment of this Act: Provided further,
That the Secretary shall obligate all funding
within 1 year of enactment of this Act:
Provided further, That section 2301(d)(4)
of the Act is repealed: Provided further,
That section 2301(c)(3)(C) of the Act is amended
to read `establish and operate land banks for
homes and residential properties that have been
foreclosed upon': Provided further,
That funding used for section 2301(c)(3)(E) of
the Act shall be available only for the
redevelopment of demolished or vacant properties
as housing: Provided further, That no
amounts made available from a grant under this
heading may be used to demolish any public
housing (as such term is defined in section 3 of
the United States Housing Act of 1937 (42 U.S.C.
1437a)): Provided further, That a
grantee may not use more than 10 percent of its
grant under this heading for demolition
activities under section 2301(c)(3)(C) and (D)
unless the Secretary determines that such use
represents an appropriate response to local
market conditions: Provided further,
That the recipient of any grant or loan from
amounts made available under this heading or,
after the date of enactment under division B,
title III of the Housing and Economic Recovery
Act of 2008, may not refuse to lease a dwelling
unit in housing with such loan or grant to a
participant under section 8 of the United States
Housing Act of 1937 (42 U.S.C 1437f) because of
the status of the prospective tenant as such a
participant: Provided further, That in
addition to the eligible uses in section 2301,
the Secretary may also use up to 10 percent of
the funds provided under this heading for
grantees for the provision of capacity building
of and support for local communities receiving
funding under section 2301 of the Act or under
this heading: Provided further, That in
administering funds appropriated or otherwise
made available under this section, the Secretary
may waive or specify alternative requirements
for any provision of any statute or regulation
in connection with the obligation by the
Secretary or the use of funds except for
requirements related to fair housing,
nondiscrimination, labor standards and the
environment, upon a finding that such a waiver
is necessary to expedite or facilitate the use
of such funds: Provided further, That
in the case of any acquisition of a foreclosed
upon dwelling or residential real property
acquired after the date of enactment with any
amounts made available under this heading or
under division B, title III of the Housing and
Economic Recovery Act of 2008 (Public Law
110-289), the initial successor in interest in
such property pursuant to the foreclosure shall
assume such interest subject to: (1) the
provision by such successor in interest of a
notice to vacate to any bona fide tenant at
least 90 days before the effective date of such
notice; and (2) the rights of any bona fide
tenant, as of the date of such notice of
foreclosure: (A) under any bona fide lease
entered into before the notice of foreclosure to
occupy the premises until the end of the
remaining term of the lease, except that a
successor in interest may terminate a lease
effective on the date of sale of the unit to a
purchaser who will occupy the unit as a primary
residence, subject to the receipt by the tenant
of the 90-day notice under this paragraph; or
(B) without a lease or with a lease terminable
at will under State law, subject to the receipt
by the tenant of the 90-day notice under this
paragraph, except that nothing in this paragraph
shall affect the requirements for termination of
any Federal- or State-subsidized tenancy or of
any State or local law that provides longer time
periods or other additional protections for
tenants: Provided further, That, for
purposes of this paragraph, a lease or tenancy
shall be considered bona fide only if: (1) the
mortgagor under the contract is not the tenant;
(2) the lease or tenancy was the result of an
arms-length transaction; and (3) the lease or
tenancy requires the receipt of rent that is not
substantially less than fair market rent for the
property: Provided further, That the
recipient of any grant or loan from amounts made
available under this heading or, after the date
of enactment, under division B, title III of the
Housing and Economic Recovery Act of 2008
(Public Law 110-289) may not refuse to lease a
dwelling unit in housing assisted with such loan
or grant to a holder of a voucher or certificate
of eligibility under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f)
because of the status of the prospective tenant
as such a holder: Provided further,
That in the case of any qualified foreclosed
housing for which funds made available under
this heading or, after the date of enactment,
under division B, title III of the Housing and
Economic Recovery Act of 2008 (Public Law
110-289) are used and in which a recipient of
assistance under section 8(o) of the U.S.
Housing Act of 1937 resides at the time of
foreclosure, the initial successor in interest
shall be subject to the lease and to the housing
assistance payments contract for the occupied
unit: Provided further, That vacating
the property prior to sale shall not constitute
good cause for termination of the tenancy unless
the property is unmarketable while occupied or
unless the owner or subsequent purchaser desires
the unit for personal or family use:
Provided further, That if a public housing
agency is unable to make payments under the
contract to the immediate successor in interest
after foreclosures, due to (1) an action or
inaction by the successor in interest, including
the rejection of payments or the failure of the
successor to maintain the unit in compliance
with section 8(o)(8) of the United States
Housing Act of 1937 (42 U.S.C.1437f) or (2) an
inability to identify the successor, the agency
may use funds that would have been used to pay
the rental amount on behalf of the family--(i)
to pay for utilities that are the responsibility
of the owner under the lease or applicable law,
after taking reasonable steps to notify the
owner that it intends to make payments to a
utility provider in lieu of payments to the
owner, except prior notification shall not be
required in any case in which the unit will be
or has been rendered uninhabitable due to the
termination or threat of termination of service,
in which case the public housing agency shall
notify the owner within a reasonable time after
making such payment; or (ii) for the family's
reasonable moving costs, including security
deposit costs: Provided further, That
this paragraph shall not preempt any Federal,
State or local law that provides more
protections for tenants: Provided further,
That of the funds made available under this
heading, up to 1 percent shall be available for
staffing, training, technical assistance,
technology, monitoring, travel, enforcement,
research and evaluation activities: Provided
further, That funds set aside in the
previous proviso shall remain available until
September 30, 2012: Provided further,
That any funds made available under this heading
used by the Secretary for personnel expenses
related to administering funding under this
heading shall be transferred to `Personnel
Compensation and Benefits, Community Planning
and Development' and shall retain the terms and
conditions of this account, including
reprogramming provisions, except that the period
of availability set forth in the previous
proviso shall govern such transferred funds:
Provided further, That any funds made
available under this heading used by the
Secretary for training or other administrative
expenses shall be transferred to
`Administration, Operations, and Management' for
non-personnel expenses of the Department of
Housing and Urban Development: Provided
further, That any funds made available
under this heading used by the Secretary for
technology shall be transferred to `Working
Capital Fund'.
home investment
partnerships program
For an additional
amount for capital investments in low-income
housing tax credit projects, $2,250,000,000, to
remain available until September 30, 2011:
Provided, That such funds shall be made
available to State housing credit agencies, as
defined in section 42(h) of the Internal Revenue
Code of 1986, and shall be apportioned among the
States based on the percentage of HOME funds
apportioned to each State and the participating
jurisdictions therein for Fiscal Year 2008:
Provided further, That the housing credit
agencies in each State shall distribute these
funds competitively under this heading and
pursuant to their qualified allocation plan (as
defined in section 42(m) of the Internal Revenue
Code of 1986) to owners of projects who have
received or receive simultaneously an award of
low-income housing tax credits under section
42(h) of the Internal Revenue Code of 1986:
Provided further, That housing credit
agencies in each State shall commit not less
than 75 percent of such funds within one year of
the date of enactment of this Act, and shall
demonstrate that the project owners shall have
expended 75 percent of the funds made available
under this heading within two years of the date
of enactment of this Act, and shall have
expended 100 percent of the funds within 3 years
of the date of enactment of this Act:
Provided further, That failure by an owner
to expend funds within the parameters required
within the previous proviso shall result in a
redistribution of these funds by a housing
credit agency to a more deserving project in
such State, except any funds not expended after
3 years from enactment shall be redistributed by
the Secretary to other States that have fully
utilized the funds made available to them:
Provided further, That projects awarded low
income housing tax credits under section 42(h)
of the IRC of 1986 in fiscal years 2007, 2008,
or 2009 shall be eligible for funding under this
heading: Provided further, That housing
credit agencies shall give priority to projects
that are expected to be completed within 3 years
of enactment: Provided further, That
any assistance provided to an eligible low
income housing tax credit project under this
heading shall be made in the same manner and be
subject to the same limitations (including rent,
income, and use restrictions, in lieu of
corresponding limitations under the HOME
program) as required by the state housing credit
agency with respect to an award of low income
housing credits under section 42 of the IRC of
1986: Provided further, That the
housing credit agency shall perform asset
management functions, or shall contract for the
performance of such services, in either case, at
the owner's expense, to ensure compliance with
section 42 of the IRC of 1986, and the long term
viability of buildings funded by assistance
under this heading: Provided further,
That the term eligible basis (as such term is
defined in such section 42) of a qualified
low-income housing tax credit building receiving
assistance under this heading shall not be
reduced by the amount of any grant described
under this heading: Provided further,
That the Secretary shall be given access upon
reasonable notice to a State housing credit
agency to information related to the award of
Federal funds from such housing credit agency
pursuant to this heading and shall establish an
Internet site that shall identify all projects
selected for an award, including the amount of
the award and such site shall provide linkage to
the housing credit agency allocation plan which
describes the process that was used to make the
award decision: Provided further, That
in administering funds under this heading, the
Secretary may waive any provision of any statute
or regulation that the Secretary administers in
connection with the obligation by the Secretary
or the use by the recipient of these funds
except for requirements imposed by this heading
and requirements related to fair housing,
non-discrimination, labor standards and the
environment, upon a finding that such waiver is
required to expedite the use of such funds:
Provided further, That for purposes of
environmental compliance review, funds under
this heading that are made available to State
housing credit agencies for distribution to
projects awarded low income housing tax credits
shall be treated as funds under the HOME program
and shall be subject to Section 288 of the HOME
Investment Partnership Act.
homelessness
prevention fund
For homelessness
prevention and rapid re-housing activities,
$1,500,000,000, to remain available until
September 30, 2011: Provided, That
funds provided under this heading shall be used
for the provision of short-term or medium-term
rental assistance; housing relocation and
stabilization services including housing search,
mediation or outreach to property owners, credit
repair, security or utility deposits, utility
payments, rental assistance for a final month at
a location, moving cost assistance, and case
management; or other appropriate activities for
homelessness prevention and rapid re-housing of
persons who have become homeless: Provided
further, That grantees receiving such
assistance shall collect data on the use of the
funds awarded and persons served with this
assistance in the HUD Homeless Management
Information System (`HMIS') or other comparable
database: Provided further, That
grantees may use up to 5 percent of any grant
for administrative costs: Provided further,
That funding made available under this heading
shall be allocated to eligible grantees (as
defined and designated in sections 411 and 412
of subtitle B of title IV of the McKinney-Vento
Homeless Assistance Act, (the `Act')) pursuant
to the formula authorized by section 413 of the
Act: Provided further, That the
Secretary may establish a minimum grant size:
Provided further, That grantees shall
expend at least 60 percent of funds within 2
years of the date that funds became available to
them for obligation, and 100 percent of funds
within 3 years of such date, and the Secretary
may recapture unexpended funds in violation of
the 2-year expenditure requirement and
reallocate such funds to grantees in compliance
with that requirement: Provided further,
That the Secretary may waive statutory or
regulatory provisions (except provisions for
fair housing, nondiscrimination, labor
standards, and the environment) necessary to
facilitate the timely expenditure of funds:
Provided further, That the Secretary shall
publish a notice to establish such requirements
as may be necessary to carry out the provisions
of this section within 30 days of enactment of
this Act and that this notice shall take effect
upon issuance: Provided further, That
of the funds provided under this heading, up to
.5 percent shall be available for staffing,
training, technical assistance, technology,
monitoring, research and evaluation activities:
Provided further, That funds set aside
under the previous proviso shall remain
available until September 30, 2012: Provided
further, That any funds made available
under this heading used by the Secretary for
personnel expenses related to administering
funding under this heading shall be transferred
to `Community Planning and Development Personnel
Compensation and Benefits' and shall retain the
terms and conditions of this account including
reprogramming provisions except that the period
of availability set forth in the previous
proviso shall govern such transferred funds:
Provided further, That any funds made
available under this heading used by the
Secretary for training or other administrative
expenses shall be transferred to
`Administration, Operations, and Management' for
non-personnel expenses of the Department of
Housing and Urban Development: Provided
further, That any funding made available
under this heading used by the Secretary for
technology shall be transferred to `Working
Capital Fund.'
Housing Programs
assisted housing
stability and energy and green retrofit investments
For assistance to
owners of properties receiving project-based
assistance pursuant to section 202 of the
Housing Act of 1959 (12 U.S.C. 17012), section
811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), or section 8 of
the United States Housing Act of 1937 as amended
(42 U.S.C. 1437f), $2,250,000,000, of which
$2,000,000,000 shall be for an additional amount
for paragraph (1) under the heading
`Project-Based Rental Assistance' in Public Law
110-161 for payments to owners for 12-month
periods, and of which $250,000,000 shall be for
grants or loans for energy retrofit and green
investments in such assisted housing:
Provided, That projects funded with grants
or loans provided under this heading must comply
with the requirements of subchapter IV of
chapter 31 of title 40, United States Code:
Provided further, That such grants or loans
shall be provided through the policies,
procedures, contracts, and transactional
infrastructure of the authorized programs
administered by the Office of Affordable Housing
Preservation of the Department of Housing and
Urban Development, on such terms and conditions
as the Secretary of Housing and Urban
Development deems appropriate to ensure the
maintenance and preservation of the property,
the continued operation and maintenance of
energy efficiency technologies, and the timely
expenditure of funds: Provided further,
That the Secretary may provide incentives to
owners to undertake energy or green retrofits as
a part of such grant or loan terms, including,
but not limited to, fees to cover investment
oversight and implementation by said owner, or
to encourage job creation for low-income or very
low-income individuals: Provided further,
That the Secretary may share in a portion of
future property utility savings resulting from
improvements made by grants or loans made
available under this heading: Provided
further, That the grants or loans shall
include a financial assessment and physical
inspection of such property: Provided
further, That eligible owners must have at
least a satisfactory management review rating,
be in substantial compliance with applicable
performance standards and legal requirements,
and commit to an additional period of
affordability determined by the Secretary, but
of not fewer than 15 years: Provided
further, That the Secretary shall undertake
appropriate underwriting and oversight with
respect to grant and loan transactions and may
set aside up to 5 percent of the funds made
available under this heading for grants or loans
for such purpose: Provided further,
That the Secretary shall take steps necessary to
ensure that owners receiving funding for energy
and green retrofit investments under this
heading shall expend such funding within 2 years
of the date they received the funding:
Provided further, That in administering
funds appropriated or otherwise made available
under this heading, the Secretary may waive or
specify alternative requirements for any
provision of any statute or regulation in
connection with the obligation by the Secretary
or the use of these funds (except for
requirements related to fair housing,
nondiscrimination, labor standards, and the
environment), upon a finding that such a waiver
is necessary to expedite or facilitate the use
of such funds: Provided further, That
of the funds provided under this heading for
grants and loans, up to 1 percent shall be
available for staffing, training, technical
assistance, technology, monitoring, research and
evaluation activities: Provided further,
That funds set aside in the previous proviso
shall remain available until September 30, 2012:
Provided further, That funding made
available under this heading and used by the
Secretary for personnel expenses related to
administering funding under this heading shall
be transferred to `Housing Personnel
Compensation and Benefits' and shall retain the
terms and conditions of this account including
reprogramming provisos except that the period of
availability set forth in the previous proviso
shall govern such transferred funds:
Provided further, That any funding made
available under this heading used by the
Secretary for training and other administrative
expenses shall be transferred to
`Administration, Operations and Management' for
non-personnel expenses of the Department of
Housing and Urban Development: Provided
further, That any funding made available
under this heading used by the Secretary for
technology shall be transferred to `Working
Capital Fund.'
Office of Lead
Hazard Control and Healthy Homes
For an additional
amount for the `Lead Hazard Reduction Program',
as authorized by section 1011 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992,
and by sections 501 and 502 of the Housing and
Urban Development Act of 1974, $100,000,000, to
remain available until September 30, 2011:
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 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(e) of the Multifamily Housing
Property Disposition Reform Act of 1994:
Provided further, That funds shall be
awarded first to applicants which had applied
under the Lead Hazard Reduction Program Notices
of Funding Availability for fiscal year 2008,
and were found in the application review to be
qualified for award, but were not awarded
because of funding limitations, and that any
funds which remain after reservation of funds
for such grants shall be added to the amount of
funds to be awarded under the Lead Hazard
Reduction Program Notices of Funding
Availability for fiscal year 2009: Provided
further, That each applicant for the Lead
Hazard Program Notices of Funding Availability
for fiscal year 2009 shall submit a detailed
plan and strategy that demonstrates adequate
capacity that is acceptable to the Secretary to
carry out the proposed use of funds:
Provided further, That recipients of funds
under this heading shall expend at least 50
percent of such funds within 2 years of the date
on which funds become available to such
jurisdictions for obligation, and expend 100
percent of such funds within 3 years of such
date: Provided further, That if a
recipient fails to comply with the 2-year
expenditure requirement, the Secretary shall
recapture all remaining funds awarded to the
recipient and reallocate such funds to
recipients that are in compliance with those
requirements: Provided further, That if
a recipient fails to comply with the 3-year
expenditure requirement, the Secretary shall
recapture the balance of the funds awarded to
the recipient: Provided further, That
in administering funds appropriated or otherwise
made available under this heading, the Secretary
may waive or specify alternative requirements
for any provision of any statute or regulation
in connection with the obligation by the
Secretary or the use of these funds (except for
requirements related to fair housing,
nondiscrimination, labor standards and the
environment), upon a finding that such a waiver
is necessary to expedite or facilitate the use
of such funds: Provided further, That
of the funds made available under this heading,
up to .5 percent shall be available for
staffing, training, technical assistance,
technology, monitoring, travel, enforcement,
research and evaluation activities: Provided
further, That funds set aside in the
previous proviso shall remain available until
September 30, 2012: Provided further,
That any funds made available under this heading
used by the Secretary for personnel expenses
related to administering funding under this
heading shall be transferred to `Personnel
Compensation and Benefits, Office of Lead Hazard
Control and Healthy Homes' and shall retain the
terms and conditions of this account, including
reprogramming provisions, except that the period
of availability set forth in the previous
proviso shall govern such transferred funds:
Provided further, That any funds made
available under this heading used by the
Secretary for training or other administrative
expenses shall be transferred to
`Administration, Operations, and Management',
for non-personnel expenses of the Department of
Housing and Urban Development: Provided
further, That any funds made available
under this heading used by the Secretary for
technology shall be transferred to `Working
Capital Fund'.
Management and
Administration
office of
inspector general
For an additional
amount for the necessary salaries and expenses
of the Office of Inspector General in carrying
out the Inspector General Act of 1978, as
amended, $15,000,000, to remain available until
September 30, 2013: Provided, That the
Inspector General shall have independent
authority over all personnel issues within this
office.
GENERAL
PROVISIONS--DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
Sec. 1202. FHA
Loan Limits for 2009. (a) LOAN LIMIT FLOOR BASED
ON 2008 LEVELS- For mortgages for which the
mortgagee issues credit approval for the
borrower during calendar year 2009, 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, 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, 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 2009, 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. 1203. GSE
Conforming Loan Limits for 2009. (a) Loan Limit
Floor Based on 2008 Levels- For mortgages
originated during calendar year 2009, 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, 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, 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 2009, 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)(1)(B) of the Economic Stimulus Act of
2008.
Sec. 1204. FHA
Reverse Mortgage Loan Limits for 2009. For
mortgages for which the mortgagee issues credit
approval for the borrower during calendar year
2009, 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)).
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